Backup Documents 06/28/2016 Item #16G1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6 G 1
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office 'a5> I24) I co
4. BCC Office Board of County b.=..\
Commissioners A/ tAzUo
5. Minutes and Records Clerk of Court's Office r �„�!f
`b( t( 3:0 pin
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Debbie Bruegge an,Admin,Airport Phone Number 642-7878 Ext.34
Contact/ Department Authority
Agenda Date Item was June 28,2016 Agenda Item Number
Approved by the BCC 1 6 /'
V-"
11/
Type of Document Site License Agreement Number of Original 1
Attached Documents Attached
PO number or account N/A
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? S ,,.,.‘ P de)
2. Does the document need to be sent to another agency for additional signatures? If yes, (� (�
provide the Contact Information(Name; Agency; Address;Phone)on an attached sheet. `^"1)
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's II-Ct.1(5
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 6/28/16 and all changes made during
the meeting have been incorporated in the attached document. The County -;_-
Attorney's Office has reviewed the changes,if applicable. Aa ,
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made, and the document is ready for t,
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16G1
SITE LICENSE AGREEMENT:
AT IMMOKALEE REGIONAL AIRPORT
SITE LICENSE AGREEMENT BETWEEN THE COLLIER COUNTY AIRPORT
AUTHORITY ROUSH INDUSTRIES, INC. APPROVING THE USE OF COUNTY-
OWNED PROPERTY FOR THE PURPOSE CONDUCTING A DEFENSIVE DRIVING
COURSE.
This SITE LICENSE AGREEMENT entered into this � day of m 9y , 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 Roush Industries, Inc.,
whose mailing address is 3538 Plover Avenue, Naples, Florida 34117, hereinafter referred to as
LICENSEE.
WHEREAS, the LICENSEE requests the use of County-owned land for the purpose of
conducting LICENSEE's defensive driving course.
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
the drag strip (closed Runway 4/22) at 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 a defensive driving course.
2. The term of this Site License Agreement shall commence on the date first above written
and shall remain in effect until December 31, 2020. This Site License Agreement may be
terminated with at least sixty(60) days advance written notice to terminate given by one party to
the other party. The approval of the use of the Property by the LICENSEE shall extend for up to
eight (8) days each calendar year for a maximum of 40 days over the term of this Site License
Agreement, based on the availability of the site and weather conditions and subject to approval
by the Authority's Airport Manager.
3. The LICENSEE shall monitor, control and assume responsibility for all activities,
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 to conduct such event and related activities on the Property prior to the
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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. LICENSEE shall pay the AUTHORITY $750 per day, plus applicable sales tax, for the
use of the site, for a total of$795 per day. The license rental rate may be unilaterally increased
by AUTHORITY, annually, effective October of each year, in accordance with the
AUTHORITY's license rate adjustment program. Currently the adjustment program is based on
changes in the United States Department of Labor, Bureau of Labor Statistics, Consumer Price
Index (the Index for U.S. City Average for Urban consumers).All rental rates shall be made
payable to the Collier County Airport Authority, and mailed by first class letter,postage prepaid,
or personally delivered, to the Administrative Offices at 2005 mainsail Drive, Suite 1, Naples,
Florida 34114,or such other address as the Airport Manager may designate in writing.
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
«B„
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
2
16G 1
AUTHORITY shall so request, at LICENSEE'S expense, by counsel reasonably satisfactory to
AUTHORITY.
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.
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15. The LICENSEE shall be allowed to utilize water on AUTHORITY's Property, if
available,without any cost to PERMITTEE.
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.
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: ROUSH I N USTRIES,
/War AMMIll
By: ',AI _d/1.. I%
Witness (signature) Wayde . err'f, 'rite Manager
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it name)
Witness(signature)
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(print name)
AUTHORITY SIGNATURE PAGE TO FOLLOW
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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: 444,-- t.A.. ,< By:
, Deputy Clerk Donn Fiala, Chairman \2.5\\lo
Attest as t, . a
atQPi-form and legality:
Jen.nife . Belpedio
Assistant County Atto ey 1 1
item# 112-a/
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Roush Enterprise, USA
EXHIBIT"A"—Premises
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16 G1
Exhibit B Insurance and Bonding Requirements-Airport Facility Leases
❑ Aviation Tenant ® Non-Aviation Tenant
Insurance/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. ►1 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 Injury
ISO form 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 L000.000 Each Occurrence;Bodily Injury&Property Damage,
Owned/Non-owned/Hired;Automobile Included
S. ❑ 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. ►1 Thirty(30)Days Cancellation Notice required.
Company Name Page 1
1 6 G 1
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
•
Company Name Page 2