Fort Walton Beach Council agenda — 10-13-2009 regular — reading text

Committee, he shall have prior Club approval for all disbursements in excess of $100. 00. The Executive Committee may approve disbursement for emergency needs up to a limit of $500. 00 per item. Sec. 12 -- USE OF THE REPEATER/ RADIO FACILITY. The Club repeater( s) / radio facility(s) are intended for the use of Club members and for emergency and public service use. Non -residents visiting the area and others during emergency situations may also use the Club repeater( s) / radio facility(s). Sec. 13 -- AVAIL:BILITY OF CLUB LICENSES. For the protection of the Club station licenses, all Club members will present to the Secretary an acceptable copy of their current amateur radio license. Sec. 14 -- AWARDS. a. HAM OF THE YEAR AWARD. An award in the form of an appropriate plaque, shall be given annually to the Club member that has made a significant contribution to Amateur Radio in the local community. Nominations will be submitted in writing to the President during the April business meeting. The Club members shall select by vote from the nominations. Sec. 15 -- DISPOSITION OF CLUB ASSETS. In the event that the Playground Amateur Radio Club ceases to exist (does not include a change of name), all club assets will be donated to the American Radio Relay League ( ARRL) Foundation (unless voted on otherwise by the Club Membership) to be used for the purpose of awarding scholarships to deserving licensed amateur radio operators in the State of Florida. 110-  CITY COUNCIL MEETING October 13, 2009 Discussion - Direction - Action Action: Approval of Emerald Coast Science Center Lease. Synopsis: As directed by Council, staffhas negotiated a renewal lease Agenda Item Number: 93  CITY OF FORT WALTON BEACH, FLORIDA MEMORANDUM Office of the City Manager DATE: September 29, 2009 TO: Honorable Mayor and Council Members FROM: Robert T. Mearns, City Manager SUBJECT: Emerald Coast Science Center Lease 1. Background At the August 8 City Council meeting the council voted for the city manager to negotiate a lease with the Emerald Coast Science Center ( ECSC). Subsequent to Council direction I met with Mr. LaFollette of the ECSC to discuss the lease. Understanding that the core issues narrowed to three matters; the rent, the term, and the maintenance, that is what we discussed and arrived at the attached lease. 1. 1 The attached draft lease sets the annual rent for the first term to be the sum equal to the ad valorem taxes based on the exemption value of the property that would be paid to the city in November of each year. In addition to that amount a sum equal to the average maintenance costs incurred by the city averaged over the previous five ( 5) years will be paid. The rent is payable in one annual installment on the 1 st day of October of each calendar year during the term of the lease. Based on this methodology, the first year' s rent would be $ 3, 427. ( Example: Exemption value of $618, 165 x millage rate of 4.1986 = $ 2, 595 + average maintenance cost of $832 = $ 3, 42 7). 1. 2 The term of the lease is five ( 5) years with one ( 1) option to renew for another five ( 5) years. If the option is exercised, the rent will be re- negotiated. 1. 3 The City will maintain the exterior of the building and the ECSC will maintain the interior and landscaping. The city will inspect the interior to ensure that it meets all applicable Codes before turning the maintenance over to the ECSC. 2. Discussion 2. 1 The lease has been reviewed by the city attorney and has been found legally sufficient 2. 2 Mr. LaFollette and the Board of Director' s of the ECSC have reviewed the lease and have found it satisfactory. 3. Recommendation 3. 1 Staff recommends that the lease between the City and the ECSC be approved.  LEASE AGREEMENT Between CITY OF FORT WALTON BEACH And EMERALD COAST SCIENCE CENTER The State of Florida County of Okaloosa 1. Parties This lease is made between the City of Fort Walton Beach, Florida, a municipal corporation, with its principal place of business at 105 Miracle Strip Parkway SW, Fort Walton Beach, Florida 32548, and its mailing address of Post Office Box 4009, Fort Walton Beach, Florida 32549 -4009, as City /Lessor, and Emerald Coast Science Center, a not for profit ( section 501( c)( 3)) corporation, with its principal place of business at 139 Brooks Street, Fort Walton Beach, Florida, as Lessee. 2. Description of leased premises City hereby leases to Lessee and Lessee hereby leases from City the property and improvements situated at 139 Brooks Street, Fort Walton Beach, Florida, ( " premises ") and more fully described in Exhibit A attached to this lease and incorporated by reference. 3. Use and Occupancy a. Purpose Lessee shall use: and occupy the premises as and for the legitimate public purpose of the Emerald Coast Science Center to operate a " hands on" interactive science museum and otherwise in accordance with its Articles of Incorporation, as amended, its Constitution, and its By Laws in effect as of the date of this lease. Lessee shall not change its use of the premises without City's prior written consent. b. Compliance with Law Lessee shall comply with all applicable Federal, state and municipal laws, ordinances and regulations and premises and shall not directly or indirectly make any use of the premises rules, which may be prohibited or may be dangerous to person or property or may increase the cost of insurance or require additional insurance coverage. C. City' s Credit Power Nothing herein shall be construed as a pledge or use of the City' s taxing power or credit. 4. Term st The premises is leased for a term to commence on the 1 day of October, 2009, and to end on the 30 day of September, 2014, unless renewed or terminated at an earlier time and date as this lease may provide. Page 1 of 6 Emerald Coast Science Center Lease 112- 5. Option to Renew City grants to Lessee an option to renew this lease for one ( 1) period of five ( 5) additional years after expiration of the initial term of this lease. At least sixty ( 60) days prior to the date of termination of any term, either party to this agreement may notify the other party, in writing, of its intent to renew this lease or to terminate this lease. Upon a renewal of the lease, all terms and conditions as stated herein, unless modified in writing by the parties or otherwise stated herein, shall continue in full force and effect. If either party notifies the other of its intent to terminate this lease, this lease shall terminate as of midnight on the 30th day of September in the year such notice is st given or on the 61 day after the date of notice of termination, whichever is later. 6. Rent The total annual rent for the first term shall be the sum equal to the ad valorem taxes based on the exemption value of the property that would be paid to the city in November of each year. In addition to that amount a sum equal to the average maintenance costs incurred by the city averaged over a rolling five ( 5) year period shall be paid. The rent shall be recalculated each year based on this formula. Such sum is payable in one annual installment on the 1 st day of October of each calendar year during the term of this lease. The City hereby acknowledges receipt from Lessee of the sum of $3, 427 by check, for rent to and including the 30th day of September 2010. If this lease is renewed for a second term, the parties shall negotiate the total annual rent for the second term at that time. 7. Notice and Place for Payment of Rent Lessee shall pay rent to the City at the City's principal place of business stated above by delivering such payment to the City Clerk. Any notice by either party to the other shall be in writing and shall be deemed to have been duly given only if delivered personally or sent by registered or certified mail in an addressed postpaid envelope. If to Lessee, notice shall be sent to 139 Brooks Street, Fort Walton Beach, Florida. If to City, notice shall be sent to the City Manager, PO Box 4009, Fort Walton Beach, Florida 32549. Notice shall be deemed to have been duly given, if delivered personally, upon delivery, and if mailed, on the third ( 3) day after the mailing of such notice. 8. Maintenance, Repair, and Inspection of premises Lessee shall pay all utilities for the premises, and maintain and make all necessary repairs to the interior of the building. Lessee shall commit no act of waste and shall, in the use and occupancy of the premises, conform to all applicable laws, orders, and regulations of any governmental entity as they pertain to the condition of the premises. The City may enter the premises at any reasonable time, upon adequate notice to Lessee, except that no notice need be given in case of emergency, for the purpose of inspection of the premises. 9. Alterations, Additions or Improvements Lessee shall not, without first obtaining the written consent of City, make any alterations, additions or improvements in, to or about the premises. Should ( a) permit(s) of any kind be required for the work to be performed the Lessee must first obtain the necessary permit( s) prior to Page 2 of 6 Emerald Coast Science Center Lease 113- commencing tl:ie work. The parties understand that the improvements and appurtenances situated upon the premises at the time of execution of this lease are the property of the City. Upon termination of this lease, Lessee shall, at Lessee' s expense, remove all of Lessee' s personal property that is not permanently affixed to the premises, repair all injury done by or in connection with the installation or removal of the personal property, and surrender the premises in as good condition as they were at the beginning of the term, excepting reasonable wear and tear not due to the misuse or neglect by Lessee. All property of Lessee remaining on the premises after the last day of the term of this lease shall be conclusively deemed abandoned and may be removed by City, and Lessee shall reimburse City for the cost of the removal. City may have any abandoned property stored at Lessee' s risk and expense. 10. Abandonment Lessee shall not, without first obtaining the written consent of the City, abandon the premises, or allow the premises to become vacant or deserted. 11. Assignment,