Rotary ClubIAMITED USE LICENSE AGREEMENT
Agreement # 907
I,IMITEI) USE I,I¢'ENSE AGREEMENT BETWEEN TIlE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY. A I'¢)i,ITICAI, SUBI)IVISION OF TilE STATE OF FLORIDA AND TilE ROTARY
('iAIB OF NAI'I,ES - ¢;¢)l,I)EN (;ATE. IN('. AI'I'R()VING TilE USE OF COIINTY-OWNED PROPERTY FOR
AN ANN!!AI. ('IIRISTMAS TREE SAI.E.
lh;s l,,mted li~,c I,tcensc Agreement entered ~nto this -~II~- day of _~~ .1~ by
and ~Iwccn Ibc Board of ('ountv Commissioners, Collier County. Florida. whose mailing address is 3301 ~st Tamtami
T~;I. Naoles. Fhmda 34112. hcrcinatler refe~ed to as "Board'. and the Rota~ Club of Naples - Gold~ Gate, ln¢., a
FIon0a n~n-pmfil coW. tatum, x~bosc mailing address is I'.O. Box 10067. Naples. Florida 34101. hereina~ re~ed ~o
as "Club"
WI IIiREAS. thc ('luh rctluC~t~ thc u~c of( 'ounty-ox~ ned land Ibr thc pub)sc of thcir annual Christmas Tree Sale, which
shall ~ held {Yom No~cmbcr 22. 1999 through Dcccm~r 23, 1999, in which thc prt~ccds gcncratcd will go towards
scholarship funds tbr studcnls t}l' Bamm ('olllcr I ligh School, Naples I ligh Schtml. [.cly Ihgh School, St. John Ncumann
iligh Schm~l. James l.orcn/o Walker Vocatlonal-'l'cchntcal ('enter and Edison ('ommunily College. ~c Club shall ~
allowed m enter upon Ilar I'mpcrly to erect lents lk~r thc sale as well as signs advcmsing Ibc sale prior 1o Iht actual
dates but not prmr m Noxcmbcr 10, 1009.
WIIEREAS. the Ihmrd ts xvdhng Io approve thc use of ('ounty-owncd land fi~r such put,scs;
NOW, TIIERIW{)RE, BASI~I) ON TIlE MI ~TI !Al. COVENANTS PROVIDED IIEREIN. AND OTIIER VAI.UABLE
CONSIDERA'I It )N. TI IL I'A RTl l~S A(JRI~E AS F( )1 .I .OWS:
1. ~c Board hereto apprmcs Ibc usc of Uounty-owncd pro~y ldcntificd as that porlion of Tract 115, Gold~ Gate
Subdivision. I lint 4. as recorded m Plal Book 5. Page 109. of thc Public Records of ('oilier County. Florida. which lies
west of thc Golden (isle ('ommunlty ('cnlcr on (;olden (Jalc Parkway and east of thc Golden Gate Emergency S~ices
Complex. a~ shoan on I-.xh~b~l "A". auachcd hereto and made a pan hereof, and hercinalier rcl~ed lo as "Pro~y", for
Ihe pu~ose of conducting, thc { 'lub's annual ('hrislmas Tree Sale.
2. ]~c approval of the usc of thc I'ropcny by thc Club shall extend from Novem~r 22, 1999 through and including
Decem~-r 23. 19tY). Thc t 'lub shall bc permitted lo erect tcnts and signs adveflising thc sale prior to the afomm~ti~
dates but nol prmr to Noxcmbcr 10. 1999
3. '~c Club shall mmumr, conlrol ami assume rcs~ms~bility fi~r all activities, vendors, licensees, and invitecs ass~iated
wilh holding of such an event, such rcsponsd~dtty not ~mg hmitcd to trash collcctmn and clean-up of Iht l'ro~y.
Board shall not be obligated or rcqmrcd Itl m~provc, rcpmr, or mamlain thc Property or any pail Ihercof in any mann~
whatsoever.
4, ~I~c ('lub shall acqmrc any and all pcrnms, including but not limited to s~gn permits, required by Collier Counly and
any other governmental cnmy to conducl such an event and related activities on the Prope~y. ~e Club shall ~st a Two
Ilundred and No/100 Dr}liars 1S200,001 cash bond with thc Collier County Finance Dcpaflment to ensure adequate
clean-up of Iht property at thc tcrminamm of this l.imited Use License Agreement. It is undcrst~ and agreed that this
bond is not intended to replace Club's obligation to clean up Iht Properly at the completion of its activities under
Limited Usc License Agreement. 'Ibc Finance Dcpaflmcnt shall mlum such bond to Club if said Pro~y is cleaned
in a timely and proper manner as required herein.
5. Prior to making any changes, alterations, additions or improvements to lhc Pro.fly, Iht Club will provide to Board,
in writing, all proposals and plans fiw alterations, improvements, changes or additions Io the ~o~fly. ~e Oub
covenants and agrees m conncclmn with any maintenance, repair work, crcclion, conslmction, improvement, addition
alteration of any aulboriTcd modifications, additions or improvements to Ihe Pro~y, lo obse~'e and comply with all
present and 13turc laws. ordmnnces, rules, rcgulalions, and rcqmremcnts of thc United States of America. State of
Florida. County of ('tdhcr, and any and all governmental agencies. All alterations, improvements, a~d additions to t~
l'ro~-fly shall, al once. x~bcn made or inslallcd, be deemed as allached to the t?cchold and to have ~come the p~ of
Collier County anti shall remain fi~r thc benefit of Ibc County at thc end of thc leto scl foflh in this ag~ement in as g~
order and condition as they were installed, reasonable wear and tear excepted; provided, howev~, if Board ~ di~,
Club shall promptly remove Ibc additions, improvements, allerations, fixtures and installations which w~e placed in,
or upon Iht Property by thc ('lub. and rcpmr any damage caused to the Pro.fly by such removal.
6. The Club shall provide and maintain general liability insurance ~licy(ies}. approved by lhe Collier Coun~
Manager. fi~r not less than Five I lundred Thousand and No/Dollars {$5~,~.00) combined single limits dmng t~ t~
of this Agreement. Such insurance pol~cy{ics) shall Iisl Collier County as an additional insured thereon. Evid~ce of
such insurance shall ~ provided to Ibc ('ollicr Courtly Risk Manage, 3301 East Tamiami Trail, Administration Building,
Naples, Florida. 34112. fi)r approval prior to November 1. 1999; and shall include a provision requiring ten (10) day~
prior written notice to ('oilier ('ounty c/o County Risk Manager in the event of cancellation.
7. This I,tmited I Ise l_iccn.< Agreement shall be administered on behalf of the Board by and through the Collier County
Real Property Managcmenl Department.
8. The Club agrees to hohl hamflcss and defend ('oilier ¢'ounty, the Board of County Commissioners of Collier County,
Florida and their agents and employees· from any claims, assertions or causes of action for any loss, injury or damage to
persons or property arismg from or assoctated wilh the Club's activities or use of the Property. The Club further agrees to
indemnif,v ('oilier County and thc Board of County ('ommissioners of Collier County for any costs, expenses or fees,
including altorncys' fees. arising from any claims or cause of action for loss, injury or damage to persons or properly
arising from or associated with lhc Club's achvitics or u~ of the Property.
9. The Club covenants and agrees not to assign this l,imitcd Use IAcense Agreement or to permit any other persons to
occupy same ~,.tthout thc wrmcn consent of P, oard.
10. The Board reserves thc ngh~ to cancel and/or reschedule any or all of the al~we-dcscribed activities, scheduled for
any or all oflhc abovc-Ii~,tcd days. upon 15 days written notice, to the address set forth in this Agreement. to the Club of
Board's inlcnt to rcschcdulc and/or cancel.
1 I. Any notice to bc gwcn by either party to thc olhcr pursuant to thc provisions of this Agreement shall be in writing
and shall bc placed tn an officml depository of Ibc United States Post Office, Registered or Certified Mail, R~um
Receipt Requested. postage prepaM, addres~d lo the party for whom it is intended to thc address stated above or at an
address either parly may have designated tn ~,,ntmg.
12. The Board and ('lub spectfically agree that this Agreement represents a license fi)r the Club's use of the Property and
does not c(,nvey an5' estate tn the I'ropeny ,r create an5' interest whatsoever.
13. 'lEe Club represents and warrants to thc Board that no hazardous materials ~ill be discharged to the air. grounds,
sewer, or to a septic system on Iht I'roperb'.
14. The Club shall be responsible for paytng all sales taxes, ff applicable, and all other taxes and charges associated with
or resulting from the holding of this event.
15. The sale and consumption ofalcoholic beverages shall be prohibited on the Property during this event·
16. This Agreement shall become effective upon execution by both the County and the Club.
17. This Agreement ts governed and construed in accordance with thc laws of the State of Florida.
IN W1TNF. SS WI IEP, liOF, thc pamcs hereto have made and executed this l.imited Use License Agreement as of
the day and year first above ',vnttcn.
AS TO 'FILE CI.UF;:
DAVE IqNKFJ~,TON. Secrelary
AS TO TI IE I~OARI):
CIJ. JB:
ROTAR~ CL"~B OF)~PLES - GOLDF. N GATE, INC.
/
BOARD:
ATTEST:
DWIOIiTi~ dR(X/K, Clerk
ApprOved as to form
and legal sufficigncy:
~A~i~tant Courtly Attorney
BOARD OF COUNTY COMMISSIONERS
('OI,I,IER COUNTY. FLORIDA
PAMF. LAS. MAC'KIE. Chatrw6man
./
P. XIIIBIT 'A"
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