Golden Gate Festival PermitTO:
FROM:
DATE:
RE:
M EMORAN DUM
Sue Filson, Administrative Assistant
Board of County ~i~ners
Michael Dowling %.~'
Real Property Specialist
Real Property Management Department
Fcbmary Ii, 1999
Execution ora Limited Use License Agreement
Golden Gate Chamber of Commerce. Inc.
Golden Gate Festival
RECEIVED
FE3 Il 999
3oard of COUCltI
For execution by the Chairman of the Board of County Commissioners. please find attached thc
referenced Agreement.
The "Blanket" Resolution authorizing the Chairman of the Board of Cot, nty Comn]issioncrs to
execute the attached Agreement was approved by the Board of County Commissioners on
January 12, 1999, item 16 D (2), as Resolution # 99-55.
Please forward the document to Ellle lloffmnn. Recordin~ Secretary. for attestation by the
Clerk to the Board. Ms. lloffman will then call me at eM.caslon 8991 for document
Thank you.
Attachment as stated
i,iMITED USE LICENSE AGREEMENT
I.IMITED USE I.ICENSE AGREEMENT BETWEEN TIlE BOARI) OF COUNTY
COMMISSIONERS, COI.I.IER COUNTY, A POI.ITICAI. SUBI)iVISION OF TilE STATE OF
FLORIDA AND TIlE GOI.DEN GATE AREA CIIAMBER OF COMMERCE, INCORPORATED, A
NON-PROFIT FLORIDA CORPORATION, APPROVING TIlE USE OF COUNTY-OWNED
PROPERTY FOR Tile PURPOSES OF IlOI. DING ACTIVITIES FOR TIlE GOI.DEN (;ATE
FESTIVAl, (FORMERI.Y KNOWN AS FRONTIER DAYS)
This Limited Use License Agreement entered into this I'1'- day of
1999 by and between the Board of County Commissioners. Collier County. Florida. whose malhng address is
3301 East Tamiami Trail. Naples, Florida 34112. hereinafter referred to as "Board". and the Golden Gate Area
Chamber of Commerce. Incorporated. a non-profit Florida corporation, whose mailing address is 3847 Tollgate
Boulevard. Naples, Florida 341 I4, hereinafter referred to as "Chamber".
WHEREAS, the Chamber requests the use of County..owned land for thc purpose of holding activilies for the
Chamber's annual event beginning February 26 through February 28. 1999 in which tile proceeds generated will
benefit the community: and
WIIEREAS, tile Board is willing to approve thc u~ of County-owned land £or such purposes:
NOW, TIIEREFORE. 'rilE PARTIES AGREE AS FOLLOWS:
I. Thc Board herein approves the use of County-owned properly identified as thai portion of Tract 115.
Golden Gate Subdivision. Unit 4. as recorded in Plat Book 5. Page 109. of thc Public Records o~' ('oilier
County, Florida, which lies west of the Golden Gate Community Center on Golden Gate Parkway ami cast of
the Golden Gate Emergency Services Complex. more specifically depicted on Exhibit "A". attached hereto and
made a part hereof, and hereinafter referred to as "Properly", for thc purpose of holding actixitics for thc
Chamber's anmml event.
2. Tile approval of the use of the Property by the Chamber shall extend from st,nrise to surlscl Fcbruao' 25
through March 1. 1999. These dates include one (1) day for set-up and one (I) day for take-doxvn.
3. The Chamber shall monitor, control and assume responsibility for :,11 activities. ~endors. licensees, and
invitees associated with holding of such an ex'ent, such responsibility not being limited to trash collection and
clean-up oftbe Property. Boant shall not be obligatunl or required to improve, repair, or maintain the Property or
any part thereof in any manner whatsoever.
4. The Chamber shall acquire any and all permits required by Collier Cou,~ty and any other goxcrnmental
entity to conduct such an event and related activities on Ihe Pmpc~y. The Chamber shall post a Five l tundrcd
and No/lO0 Dollars (S5~}.00) cash bond with the Collier County Finance Department to insure adequate
clan-up &the prope~y at the te~ination of this Limited Use License Agreement. It is understood and agreed
that this bond is not int~ded to replace ~ambe~s obligation to clean up thc Property at thc completion of its
activities under this Limited Use Lic~ Agreement. The Finance Dcpa~mcnt shall return such bond to
~amber if said Pro,ny is cleaned up in a timely and proper manner as required herein.
Prior to making any changes, alterations, additions or improvements to thc Properly. thc Chamber will
provide to Board. in writing, all proposals and plans for alterations, improvements, changes or additions to thc
Pmpe~y. The Chamber covenants and a~ees in connection with any maintenance, repair work. erection,
comtmction, improvement, addition or alteration of any authorized modifications, additions or improvements to
the Pmpe~y, to obscn'e and comply with all present and fi~ture laws. ordinances, roles, regulations, and
r~uirements &the United States of Arnica, State of Florida, County of Collier. and any and all governmental
agmcies. All alterations, improvements, and additions lo the Prope~y shall, at once. when made or installed, be
d~ed ~ attached to the freehold and to have become the prope~y of Collier County and shall remain tbr the
~efit of the County at the end of Ibc tm ~ foflh in this Agreement in as good order and condition as they
w~ installed, m~nable wear and I~r excite; Provide, howler, if Board so directs, thc Chamber shall
promptly r~ove the additions, improvements, alt&ations, fixtures and installations which were placed in. on.
or u~n the Prope~y by thc Chamber. and r~air any damage caused to thc Propc~y by such removal.
6. 1'he Chamber shall provide and mainlain general liability insurance policy(its), approved by the Collier
County Risk Manager. for not less than One Million Dolla~ and No/Cents (SI,000,000.00) combined single
limi~ during ibc lc~ oflhis A~c~cnt. Thc Cham~ shall also ca~ Liquor Liability Insurance in limits not
I~ than One Million Dollars and No/Cents (Sl.~.~).(~)) per ~cu~cncc. Such insnrancc policy{les) shall
list Collier County as an addilional insured thereon. Evid~cc o~such insurance shall bc providc~ Io thc Collier
County Risk Manager. 3301 E~t Tamiami Trail. Adminislmlion Building. Naples. Florida. 34112. for approval
prior to Februa~' 16. 1(~)9; and shall include a provision r~uifing five (5) days prior written notice to Collier
Count)' c/o County Risk Manager in thc cyst ofcanccllation.
7. This Limited Usc License Agreement shall be administered on behalf of the Board by and through thc
Collier County ReM Property Management Department.
$. ~ The Chamber agrees to hold harmless and defend Collier County. tile Bo:mi of County Commissioners
of Collier Cotmty. Florida and their agents and employees, from an)' claims, a~,scrlion or cause of action for any
loss. injury or damage to persons or properly arising from or associated xx. ith lhe Chamber's actix'ities or usc of
the Property. The ('hamber further agrees Io indemnify Collier Counly and the Board of County Commissioners
of Collier County for any costs, expenses or fees. including attorneys' fees. :,rising from any claims or cause o£
action for loss. injur)' or damage to persons or property arising from or associ;Hed with the Chamber's acli~ lites
or use of Ibc Property.
9. The ('hamber cmcnants and agrees not to assign Ibis l.hnitcd Usc l.iccnsc A.~rccmcnt or to pcmfit ;.,v
oilier persons to occupy same without thc x~'ritten consent of Board.
lO. The Board rcscr.'cs thc right to cancel and/or rcschedulc any or all of tile ;al)ore-described activities,
scheduled for any or all of the above-listed days. upon 15 days notice to Ibc Chamber of }3oard's relent to
reschedu[e andtor cancel.
I I. Tile Board and ('hamber specifically agree that this Agreement represents a license tbr thc Chamber's
use oflh¢ Proper~y and docs not convey any estate in thc Property or crcal¢ any interest x~ lu,lsoevcr.
12. Thc Chamber represcnls and ~'arrants to thc Board th:,t no ha/;,rdous m:,tcrials ~ill he
discharged to Ibc air. grounds, sewer, or 1o a seplie system on Ihe Property.
13. Thc Chamber shall he responsible for paying ali sales taxes, if applicable, :md all other taxes ami charges
associated with or resulting from thc holding of this event.
14. Tile sale ofalcoholic beverages shall be only pcrmiltcd on the Property during the event.
This Agreement shall become effective upon execution hy I~th Ihe ('ounty and ibc Chamhcr.
16. This Agreement is governed and construed in accordance wilh thc laws of thc .";late of Florida.
IN WITNESS WIII!REOF, the parties hereto havc made and executed this l.infilctl t/sc License
Agreement as of thc day and .,,'ear first above ;vrittcn.
AS TO TIlE CI IAMBF. R:
DATED:
)rint name)
,.~/- / "?
Witnms (signature)
{print name}
CIIAMBER:
TIlE GOLDEN GATE AREA CItAMBER
OF COMMERCE, INCORPORATED
WESLEY G. BATES, President
AS TO THE BOARD:
ATTEST:
DWIGttT E. BROCK, Clerk
andlc~l sgffic~epcy: ·
H~di F. Ashton
A~is~t County
BOARD:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
BY:
£XHIBIT "A'
Ps~e I of 1
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