Art League of Marco Island, Inc (dated 1-6-03)TO:
FROM:
DATE:
RE:
MEMORANDUM
'~.~
Sue F,~s~on, Administrative Assistant
Board of County Commissioners
Michael Dowling
Real Property Specialist
Real Property Management Department
January 7, 2003
Execution of a Limited Use License Agreement
Art League of Marco Island, Inc.
For execution by the Chairman of the Board of County Commissioners, please find attached the
referenced Agreement.
The "Blanket" Resolution authorizing the Chairman of the Board of County Commissioners to
execute the attached Agreement was approved by the Board of County Commissioners on
January 22, 2002, item 16 E (4), as Resolution # 2002-40.
Thank you.
Attachment as stated
LULA: # 918
LIMITED USE LICENSE AGREEMENT
LIMITED USE LICENSE AGREEMENT BETWEEN THE BOARD OF COUNTY
COMMISSIONERS, COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF
FLORIDA AND THE ART LEAGUE OF MARCO ISLAND, INC., A NON-PROFIT FLORIDA
CORPORATION, APPROVING THE USE OF COUNTY-OWNED LAND FOR THE PURPOSE OF
HOLDING AN OUTDOOR ART SHOW.
This Limited Use License Agreement entered into this .~ ~ day of ~,'JAJ,,~O-- ~q r-- / ,
200~ by and between the Board of County Commissioners, collier County, Florida, whose mailing address is
3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "Board", and The Art League of
Marco Island, Inc., a non-profit Florida corporation, whose mailing address is 1010 Winterberry Drive, Marco
Island, Florida 34145, hereinafter referred to as "League".
WHEREAS, the League requests the use of County-owned land for the purpose of vehicle parking for the
League's annual art shows which are to be held from sunrise to sunset, unless otherwise specified, on January
17, 2003 (5:15 pm to 10:00 pm), January 18, 2003, January 19, 2003, February 7, 2003 (5:15 pm to 10:00 pm),
February 8, 2003, February 9, 2003, March 7, 2003 (5:15 pm to 10:00 pm), March 8, 2003 and March 9, 2003,
in which the proceeds generated by the shows will enhance the League's ability to provide cultural activities to
the community; and
WHEREAS, the Board is willing to approve the use of County-owned land for such purposes;
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. The Board hereby approves the use of County-owned property identified as the parking lot of the Old
Marco Island Library facility located at 1041 Winterberry Drive, Marco Island, Florida, hereinafter referred to as
"Property", for the purpose of vehicle parking for the League's annual art shows on the dates specified below.
2. The Board approves the use of the Property by the League for the following dates: January 17, 2003,
January 18, 2003, January 19, 2003, February 7, 2003, February 8, 2003, February 9, 2003, March 7, 2003,
march 8, 2005 and March 9, 2003.
3. The League shall monitor, control and assume responsibility for all activities, vendors, licensees, and
invitees associated with holding of such an event, such responsibility not being limited to trash collection and
clean-up of the Property. Board shall not be obligated or required to improve, repair, or maintain the Property or
any part thereof in any manner whatsoever.
4. The League shall acquire any and all permits required by Collier County and any other governmental entity
to conduct such an event and related activities on the Property. The League shall post a Four Hundred and
No/100 Dollars ($400.00) cash bond with the Real Property Management Department by January 7, 2003, to
insure adequate clean-up of the property at the termination of this Limited Use License Agreement. It is
understood and agreed that this bond is not intended to replace League's obligation to clean up the Property at
the completion of its activities under this Limited Use License Agreement. The Real Property Management
Department shall return such bond to League if said Property is cleaned up in a timely and proper manner as
required herein.
5. Prior to making any changes, alterations, additions or improvements to the Property, the League will
provide to Board, in writing, all proposals and plans for alterations, improvements, changes or additions to the
P .........The co:,enants ........
~ot~,,~,~. League and %re,~ 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 installed, reasonable wear and tear excepted; provided, however, if Board so directs, the League shall
promptly remove the additions, improvements, alterations, fixtures and installations which were placed in, on,
or upon the Property by the League, and repair any damage caused to the Property by such removal.
6. The League shall provide and maintain general liability insurance policy(ies), approved by the Collier
County Risk Manager, for not less than Three Hundred Thousand and No/Dollars ($300,000.00) combined
single limits during the term of this Agreement. Such insurance policy(ies) shall list Collier County as an
additional insured thereon. Evidence of such insurance shall be provided to the Collier County Risk Manager,
3301 East Tamiami Trail, Administration Building, Naples, Florida, 34112, for approval prior to January 7,
2003; and shall include a provision requiring ten (10) days prior written notice to Collier County c/o County
Risk Manager in the event of cancellation.
7. This Limited Use License Agreement shall be administered on behalf of the Board by and through the
Collier County Real Property Management Department.
8. The League agrees to hold harmless and defend Collier County, the Board of County Commissioners of
Collier County, Florida and their agents and employees, from any claims, assertion or cause of action for any
loss, injury or damage to persons or property arising from or associated with the League's activities or use of the
Property. The League further agrees to indemnify Collier County and the Board of County Commissioners of
Collier County for any costs, expenses or fees, including attorneys' fees, arising from any clai._m,s or cause of
action for loss, injury or damage to persons or property arising from or associated with the League s activities or
use of the Property.
9. The League covenants and agrees not to assign this Limited Use License Agreement or to permit any other
persons to occupy same without the written consent of Board.
10. The Board 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 fifteen (15) days notice to the League of Board's intent to
reschedule and/or cancel.
11. The Board and League specifically agree that this Agreement represents a license for the League's use of
the Property and does not convey any estate in the Property or create any interest whatsoever.
12. The League represents and warrants to the Board that no hazardous materials will be discharged to the air,
grounds, sewer, or to a septic system on the Property.
13. The League shall be responsible for paying all sales taxes, if applicable, and all other taxes and charges
associated with or resulting from the holding of this event.
14. The sale of alcoholic beverages shall be prohibited on the Property during this event.
15. This Agreement shall become effective upon execution by both the Board and the League.
16. This Agreement is governed and construed in accordance with the laws of the State of Florida.
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 LEAGUE:
DATED:
~¢itdess (signature)
(print name)
v ~ (signature)"
(print name)
By:
THE ART LEAGUE OF MARCO ISLAND, INC.
a Florida Non-profit Corporation
M-ARTHA ST-A2qOER, Pr~--~sJ/dent
AS TO THE BOARD:
ATTEST:
BY:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,
JAMES N. COLETTA, Chairman
Approved as to form and legal sufficiency:
Thomas lmer, Assistant County Attorney