Agenda 03/08/2016 Item #16G 2 3/8/2016 16.G.2.
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners acting as the Airport Authority
approve a Site License Agreement with the Immokalee Chamber of Commerce, Inc. approving the
use of County-owned property for the purpose of holding the Harvest Festival Event at the
Immokalee Regional Airport on April 22-24,2016.
OBJECTIVE: Approval of the Site License Agreement with the Immokalee Chamber of
Commerce, Inc. in order for the Chamber to utilize open areas in the southwest portion of the
Immokalee Regional Airport (IMM) for its Harvest Festival event.
CONSIDERATIONS: The Immokalee Chamber of Commerce, Inc. has requested use of open
areas in the southwest portion of IMM on April 22-24, 2016 for a Harvest Festival event.
Airport Authority staff recommend that the Board approve its agreement to allow the Immokalee
Chamber of Commerce, Inc. ("Permitee") to use a non-aviation portion of IMM in the southwest
portion of the Airport as shown in Exhibit "A" to the attached Site License Agreement for the
event. The Site License Agreement provides use of the Property on April 22-24, 2016.
The Permitee shall be required to obtain and pay all costs associated with permits required to
conduct this event, and, at its sole cost, shall provide portable lavatories and dumpsters on the
property during this event. The Permitee shall also be required to contract and pay for security
and/or police for crowd and/or traffic control, including parking requirements.
The Airport Authority will receive "Bronze" level sponsorship valued at $1,000 in exchange for
the use of this property for the Harvest Festival event.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary.
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a
majority vote for Board approval. —JAB
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary
RECOMMENDATION: To approve and authorize the Chairman to execute the attached Site
License Agreement with the Immokalee Chamber of Commerce, Inc.
PREPARED BY: Justin Lobb, Airport Manger, Collier County Airport Authority
Attachment: Immokalee Chamber of Commerce, Inc. Site License Agreement
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.G.16.G.2.
Item Summary: Recommendation that the Board of County Commissioners acting as the
Airport Authority approve a Site License Agreement with the Immokalee Chamber of
Commerce, Inc. approving the use of County-owned property for the purpose of holding the
Harvest Festival Event at the Immokalee Regional Airport on April 22-24, 2016.
Meeting Date: 3/8/2016
Prepared By
Name: BrueggemanDebra
Title: Operations Coordinator,Airport Authority
2/4/2016 10:46:16 AM
Submitted by
Title: Division Director-Facilities Mgmt,Facilities Management
Name: LinguidiDennis
2/4/2016 10:46:17 AM
Approved By
Name: ShueGene
Title: Division Director-Operations Support, Growth Management Department
Date: 2/8/2016 9:51:48 AM
Name: ShueGene
Title: Division Director-Operations Support, Growth Management Department
Date: 2/10/2016 10:09:47 AM
Name: LobbJustin
Title: Manager-Airport,Airport Authority
Date: 2/11/2016 10:42:43 AM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 2/18/2016 9:51:50 AM
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Name: MarcellaJeanne
Title: Executive Secretary,Transportation Administration
Date: 2/22/2016 8:25:50 AM
Name: IsacksonMark
Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget
Date: 2/24/2016 8:55:26 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/24/2016 10:40:38 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 2/28/2016 3:58:25 PM
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SITE LICENSE AGREEMENT:
HARVEST FESTIVAL EVENT
AT IMMOKALEE REGIONAL AIRPORT
SITE LICENSE AGREEMENT BETWEEN THE COLLIER COUNTY AIRPORT
AUTHORITY AND THE IMMOKALEE CHAMBER OF COMMMERCE, INC.
APPROVING THE USE OF COUNTY-OWNED PROPERTY FOR THE PURPOSE
HOLDING THE HARVEST FESTIVAL EVENT.
This SITE LICENSE AGREEMENT entered into this day of , 2016 by and
between the Board of County Commissioners, in its capacity as the Collier County Airport
Authority, whose mailing address is c/o Airport Authority Director, 2005 Mainsail Drive, Suite
1, Naples, Florida 34114, hereinafter referred to as AUTHORITY, and The Immokalee Chamber
of Commerce, Inc., whose mailing address is 1300 N. 15th Street, Suite 2, Immokalee, Florida
34142, hereinafter referred to as LICENSEE.
WHEREAS, the LICENSEE requests the use of County-owned land for the rP u ose of
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activities related to LICENSEE's Harvest Festival Event on April 22—24, 2016.
WHEREAS, the AUTHORITY is willing to approve the use of the subject County-
owned land for such purposes.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
CONTAINED HEREIN AND OTHER VALUABLE CONSIDERATION, THE PARTIES
AGREE AS FOLLOWS:
1. The AUTHORITY hereby licenses real property in Collier County, Florida, described as
open areas at the Southwest portion of the Immokalee Regional Airport, further shown in Exhibit
"A" attached and made a part hereof, hereinafter referred to as "Property" for the purpose of
holding the Harvest Festival Event.
2. The approval of the use of the Property by the LICENSEE shall extend from April 22 —
24, 2016. LICENSEE is granted use of the Property from 6:00 a.m. until 10:00 p.m. [These
dates include one (1) day for set-up, one (1) day for the actual event, and one-half(1/2) day for
take down for a total of 2 and 1/2 days.] In the event LICENSEE should fail to return the
Property to its pre-event condition by 2 p.m. April 24, 2016, the County shall impose a penalty
of$1,000.00 per hour or portion thereof.
3. The LICENSEE shall monitor, control and assume responsibility for all activities,
vendors, licensees, and invitees associated with such event, such responsibility not being limited
to trash collection and clean-up of the Property. The LICENSEE accepts the Property "as is".
AUTHORITY shall not be obligated or required to improve, repair, or maintain the Property or
any part thereof in any manner whatsoever. LICENSEE agrees to provide adequate personnel
for the timely removal of all event items and remnants.
4. The LICENSEE shall acquire any and all permits required by Collier County and any
other governmental entity, including and not limited to an event waiver, to conduct such event
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and related activities on the Property prior to the dates of the intended event. Said permits are
issued by the Planning and Permitting Department located within the Collier County Growth
Management Division building on Horseshoe Drive.
5. In lieu of a license fee, LICENSEE shall grant AUTHORITY use of the Property in
exchange for AUTHORITY's business logo being used on LICENSEE's website banner for the
event and also on banners located at the event consistent with "Bronze" level sponsorship,
carrying a monetary value of $1,000, as set forth in the Harvest Festival Sponsorship Fee
Schedule.
6. NON-PERMANENT IMPROVEMENTS: Prior to making any changes, alterations,
additions or improvements to the Property, the LICENSEE will provide to AUTHORITY, in
writing, all proposals and plans for alterations, improvements, changes or additions to the
Property. The LICENSEE covenants and agrees in connection with any maintenance, repair
work, erection, construction, improvement, addition or alteration of any authorized
modifications, additions or improvements to the Property,to observe and comply with all present
and future laws, ordinances, rules, regulations, and requirements of the United States of America,
State of Florida, County of Collier, and any and all governmental agencies. All alterations,
improvements, and additions to the Property shall, at once, when made or installed, be deemed as
attached to the freehold and to have become the property of Collier County and shall remain for
the benefit of the County at the end of the term set forth in this Agreement in as good order and
condition as they were when installed, reasonable wear and tear excepted; provided, however, if
AUTHORITY's staff so directs, the LICENSEE shall promptly remove the additions,
improvements, alterations, fixtures and installations which were placed in, on, or upon the
Property by the LICENSEE, and repair any damage caused to the Property by such removal.
7. This Agreement hereby expressly adopts and incorporates by reference as if fully set out
herein the attached Exhibit "B": the Collier County Airport Authority Contract Insurance
Requirements. All terms and conditions of such Agreement are deemed to apply to this Site
License Agreement and LICENSEE expressly agrees to abide by the conditions listed in Exhibit
8. The LICENSEE, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of
which is hereby acknowledged, shall indemnify, defend and hold harmless Collier County, the
AUTHORITY, the Board of County Commissioners and all of each entity's respective agents
and employees from and against any and all liability (statutory or otherwise), damages, claims
suits, demands,judgments, costs, interest and expenses (including, but not limited to, attorneys'
fees and disbursements both at trial and appellate levels) arising, directly or indirectly, from any
injury to, or death of, any person or persons or damage to property (including loss of use thereof)
related to (A) LICENSEE'S use of the Property, (B) any work or thing whatsoever done, or any
condition created (other than by AUTHORITY, its employees, agents or contractors) by or on
behalf of LICENSEE in or about the Property, (C) any condition of the obligations under this
Agreement, or (D) any act, omission or negligence of LICENSEE or its agents, contractors,
employees, subtenants, licensees, invitees or patrons. In case any action or proceeding if
AUTHORITY shall so request, at LICENSEE'S expense, by counsel reasonably satisfactory to
AUTHORITY.
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The AUTHORITY shall not be liable for any injury or damage to person or property caused by
the elements or by other persons on the Property, or from the street or sub-surface, or from any
other place, or for any interference caused by operations by or for a governmental authority in
construction of any public or quasi-public works.
The AUTHORITY shall not be liable for any damages to or loss of including loss due to petty
theft, any property, occurring on the Property or any part thereof, and the LICENSEE agrees to
hold the AUTHORITY harmless from any claims or damage, except where such damage or
injury is the result of the gross negligence or willful misconduct of the AUTHORITY or its
employees. The County shall not be responsible for any loss, theft or damage to any vehicle
using the designated vehicle parking area.
9. The LICENSEE covenants and agrees not to assign this Agreement or to permit any other
persons to occupy same without the prior written consent of the AUTHORITY.
10. The Collier County Airport AUTHORITY reserves the right to cancel and/or reschedule
any or all of the above-described activities, scheduled for any or all of the above-listed days,
upon ten (10) days notice to the LICENSEE of the intent to reschedule and/or cancel. If the
AUTHORITY cancels the event, all monies will be returned to LICENSEE in a timely manner.
11. Any notice to be given by either party to the other pursuant to the provisions of this
Agreement shall be in writing, but may be delivered by mail, fax, email or any other means of
actual written notice. Notice shall be effective upon actual receipt by the addressee.
12. The AUTHORITY and LICENSEE specifically agree that this Agreement represents a
Bare License with no interest coupled thereto for the LICENSEE'S use of the Property and does
not convey any estate in the Property or create any interest whatsoever.
13. The LICENSEE represents and warrants to the AUTHORITY that no hazardous
materials will be discharged to the air, grounds, sewer, or to a septic system on the Property. At
termination of this Agreement, at no cost to the AUTHORITY, the AUTHORITY may request
that the LICENSEE conduct and provide to the AUTHORITY an environmental audit, which
shall contain a written declaration from an environmental consultant acceptable to
AUTHORITY, which verifies that the Property which is the subject of this Agreement is in
compliance with all applicable State and Federal environmental laws, and that the property
surrounding the Property is free from contamination. The LICENSEE acknowledges its
obligation hereunder for the cost of conducting the environmental audit, bringing the subject
facilities into compliance and any and all costs for clean up, removal and remediation, if any, but
only if such clean up, removal and remediation is the result of acts of the LICENSEE during the
period of the event. LICENSEE shall not be responsible for clean up, removal and remediation
of any existing environmental condition prior to the date of the event.
14. The LICENSEE shall be responsible for paying all applicable sales taxes, and charges
associated with or resulting from the holding of this event.
15. The LICENSEE shall be allowed to utilize water on AUTHORITY's Property, if
available, without any cost to PERMITTEE.
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16. At its sole cost and consistent with County requirements for special events, LICENSEE
shall be required to provide portable lavatories and dumpsters, on the Property during the event
and remove said portables and lavatories following the event.
17. At its sole cost and consistent with County requirements for special events, the
LICENSEE shall be responsible for contracting bona-fide security or police protections for
crowd and/or traffic control in sufficient numbers to protect the health welfare and safety of the
public attending the event. LICENSEE shall be solely responsible for obtaining and
compensating personnel to handle all parking requirements. Parking requirements include
personnel necessary for the maintenance of the adequate and acceptable flow of traffic entering
and leaving the event. If LICENSEE fails to provide such personnel and County staff, agents,
employees or workers must be used to handle traffic congestion issues; LICENSEE shall
reimburse Collier County for such costs.
Public and all vehicular parking shall be delineated on a map/diagram attached to this Agreement
as Exhibit "A." Personnel shall be utilized by LICENSEE to ensure that all parking at the event
is conducted according to the attached Exhibit"A."
18. This Agreement is governed and construed in accordance with the laws of the State of
Florida. This License shall not be construed for or against a party because that party wrote it.
Any action or proceeding arising from this License
IN WITNESS WHEREOF, the parties hereto have made and executed this Limited Use
License Agreement as of the day and year first above written.
AS TO THE LICENSEE: THE IMMOKALEE CHAMBER OF
COMMERCE, INC.
By:
Witness (signature) Daniel Gonzales, President
(print name)
Witness (signature)
(print name)
4
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AS TO THE AUTHORITY:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA, IN ITS
CAPACITY AS THE COLLIER COUNTY
AIRPORT AUTHORITY
By: By:
, Deputy Clerk Chairman Donna Fiala, District 1 Commissioner
Approved as to form and legality:
Jennifer A. Belpedio 3 ° t49
Assistant County Attorney q, ` ,
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Exhibit B Insurance and Bonding Requirements-Airport Facility Leases
❑ Aviation Tenant ® Non-Aviation Tenant
Insurance j Bond Type Required Limits
1. ® Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Statutory Limits and Requirements
2. ❑ Employer's Liability $ single limit per occurrence
3. ®Commercial General Bodily Injury and Property Damage
Liability(Occurrence Form)
patterned after the current $ 1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily
ISO form Injury Liability and Property Damage Liability. This shall include Premises and
Operations; Independent Contractors; Products and Completed Operations and
Contractual Liability
4. ® Indemnification To the maximum extent permitted by Florida law, the Lessee shall indemnify
and hold harmless Collier County, its officers and employees from any and all
liabilities, damages, losses and costs, including, but not limited to, reasonable
attorneys' fees and paralegals' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the Lessee or anyone
employed or utilized by the Lessee in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce
any other rights or remedies which otherwise may be available to an
indemnified party or person described in this paragraph. This section does not
pertain to any incident arising from the sole negligence of Collier County.
4. ❑Automobile Liability $ Each Occurrence;Bodily Injury& Property Damage,
Owned/Non-owned/Hired;Automobile Included
5. ❑ Other insurance as ❑Airport Liability Insurance $ Per Occurrence
noted: bodily injury and property damage
❑ Hangarkeepers Liability $ Per Occurrence per
aircraft including premise liability
❑Aircraft Liability Insurance $ Per Occurrence
bodily injury and property damage
❑ Pollution Liability Insurance $ Per Occurrence
bodily injury and property damage
❑ Property Insurance-Replacement Cost-All Risks of Loss
6. ® Lessee shall ensure that all sub-lessees comply with the same insurance requirements that he is required to
meet. The same Lessee shall provide County with certificates of insurance meeting the required insurance
provisions.
7. ® Collier County must be named as"ADDITIONAL INSURED"on the Insurance Certificate for Commercial
General Liability where required
8. ® The Certificate Holder shall be named as Collier County Board of County Commissioners,OR,Board of
County Commissioners in Collier County,OR Collier County Government,OR Collier County.The Certificates of
Insurance must state the name of the Lease and location of the leased property.
9. ® Thirty(30)Days Cancellation Notice required.
Immokalee Chamber of Commerce Event-April 22-24,2016 Page 1
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Lessee's Insurance Statement
We understand the insurance requirements of these specifications and that the evidence of insurability may be
required within five(5)days of the award of this Lease agreement.
Name of Firm Date
Lessee Signature
Print Name
Insurance Agency
Agent Name Telephone Number
A
I
Immokalee Chamber of Commerce Event-April 22-24,2016 Page 2
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