Backup Documents 11/15/2016 Item #16G 1 : I
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIPl 6G
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.
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
4. BCC Office Board of County '�` ` ‘VA.4 1
Commissioners V14>;) A`4\\"\
5. Minutes and Records Clerk of Court's Office 0t(10(193:pfPm
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 Brueggeman,Adm. ,Airport Phone Number 642-7878 Ex 34
Contact/ Department Authority
Agenda Date Item was November 15,2016 Agenda Item Number 16G1
Approved by the BCC
Type of Document Agreement for Big Top Circus Event at Number of Original 1
Attached IMM Documents Attached
PO or account number N/A
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 o V N/A
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
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
.97
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's i 1�
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 Accela.
Some documents are time sensitive and require forwarding to Tallahassee within a certain I N1
time frame or the BCC's actions are nullified. Be aware of deadlines! '409
8. The document was approved by the BCC on 11/15/16 and all changes made during
the meeting have been incorporated in the attached document. The County • e
Attorney's Office has reviewed the changes,if applicable. •
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 the i ' 'i •o « +_'
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
16G 1
MEMORANDUM
Date: January 11, 2017
To: Debbie Brueggeman, Operations Coordinator
Collier County Airport Authority
Cc: Justin Lobb, Airports Manager
Collier County Airport Authority
From: Martha Vergara, Deputy Clerk
Minutes and Records Department
Re: Agreement for Big Top Circus Event at the Immokalee Airport
Attached for your records is a scanned copy of the original agreement as referenced
above (Item #16G1), approved by the Collier County Board of County
Commissioners on Tuesday, November 15, 2016.
The original will be held in the Minutes & Records Department for the Board's
Official Records.
If you have any questions, please contact me at 252-7240.
Thank you.
Attachments
16G I
SITE LICENSE AGREEMENT:
BIG TOP CIRCUS EVENT
AT IMMOKALEE REGIONAL AIRPORT
SITE LICENSE AGREEMENT BETWEEN THE COLLIER COUNTY AIRPORT AU-
THORITY AND CENTER RING CIRCUS, INC. APPROVING THE USE OF COUNTY-
OWNED PROPERTY FOR THE PURPOSE OF HOLDING A BIG TOP CIRCUS
EVENT.
By this SITE LICENSE AGREEMENT entered into this Jj'N" day of _Npl(Q,atiQr, 2016 by '
and between The Board of County Commissioners, in its capacity as the Collier County Airport
Authority, whose mailing address is in care of Airport Authority Director, 2005 Mainsail Drive,
Suite 1, Naples, Florida 34114, herein called the AUTHORITY and Center Ring Circus, Inc,
whose mailing address is 8051 N. Tamiami Trail, Suite C-4, Box 52, Sarasota, Florida 34234,
herein referred to as the LICENSEE.
WHEREAS, the LICENSEE requests the use of County-owned land for the purpose of ac-
tivities related to the LICENSEE's event held on the 25th and 26th of January, 2017.
WHEREAS, the AUTHORITY is willing to approve the use of the subject County-owned
land such purposes.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL CONVENANTS CON-
TAINED HEREIN AND OTHER VALUABLE CONSIDERATION, THE PARTIES AGREE
AS FOLLOWS:
The AUTHORITY hereby licenses real property in Collier County, Florida, described as a por-
tion of the open field at the Immokalee Airport, further shown on the attached Exhibit "A", here-
inafter referred to as "Property," for the purpose of holding a Big Top Circus event. Public and
all vehicular parking shall also be delineated on the map/diagram attached to this Agreement in-
cluded in Exhibit "A." Personnel shall be utilized by LICENSEE to ensure that all parking at the
event is conducted according to the attached Exhibit "A." LICENSEE shall be allowed to enter
upon the Property for three-day period.
1. The approval of the use of the Property by the LICENSEE shall extend from January 25 to
26, 2017. The LICENSEE is granted use of the Property from 6:00 a.m. until 11:00 p.m.[Set-up
will begin approximately at 7:00 a.m. on January 25, 2017 and last approximately two (2)
hours. Breakdown will occur at approximately 8:30 p.m. on January 26, 2017 and last roughly
three (3) hours. All equipment will be removed, including vehicles, by 5:30 a.m. on January
27, 2017.] In the event the LICENSEE should fail to return the Property to its pre-event condi-
tion by 7:00 a.m. on January 27, 2017, the County shall impose a penalty of$1,000 per hour or
portion thereof.
2. The LICENSEE shall monitor, control, and assume responsibility for all activities, ven-
dors, licensees, and invitees associated with such event, such responsibility not being limited to
16G 1
trash collection and clean-up of the Property. The LICENSEE accepts the property "as is." AU-
THORITY shall not be obligated or required to improve, repair, or maintain the Property or any
part thereof in any manner whatsoever. The LICENSEE agrees to provide adequate personnel for
the timely removal all event items and remnants.
3. The LICENSEE shall acquire any and all permits required by Collier County and any other
governmental entity including and not limited to waiver, to conduct such event and related ac-
tivities 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 Di-
vision building on Horseshoe Drive.
4. LICENSEE shall pay the AUTHORITY, $1200 for the event, plus applicable sales tax,
for the use of the site.
5. NON-PERMANENT IMPROVEMENTS: Prior to making any changes, alterations, addi-
tions 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, ordinanc-
es, 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 di-
rects, 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.
6. 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 Re-
quirements. All terms and conditions of such Agreement are deemed to apply to this Site Li-
cense Agreement and LICENSEE expressly agrees to abide by the conditions listed in Exhibit
,,B.,5
7. The LICENSEE, shall indemnify, defend and hold harmless Collier County, the AU-
THORITY, 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 inju-
ry 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, em-
ployees, subtenants, licensees, invitees or patrons. In case any action or proceeding if AU-
2
16G 1
THORITY shall so request, at LICENSEE'S expense, by counsel reasonably satisfactory to AU-
THORITY.
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 inju-
ry is the result of the gross negligence or willful misconduct of the AUTHORITY or its employ-
ees. The County shall not be responsible for any loss, theft or damage to any vehicle using the
designated vehicle parking area.
8. 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.
9. Either party may cancel and/or reschedule any or all of the above-described activities,
scheduled for any or all of the above-listed days for any reason, upon ten (10) days written notice
of its intent to reschedule and/or cancel to the other party. If the AUTHORITY cancels the
event, all monies will be returned to LICENSEE in a timely manner.
10. 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.
11. 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.
12. 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 termina-
tion 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 con-
tain 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 appli-
cable 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.
3
166 1
13. The LICENSEE shall be responsible for paying all applicable sales taxes, and charges as-
sociated with or resulting from the holding of this event.
14. The LICENSEE shall be allowed to utilize water on AUTHORITY's Property, if available,
without any cost to LICENSEE.
15. 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.
16. 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 traf-
fic 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.
17. 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 shall be brought only in a state court of com-
petent jurisdiction in Collier County. The parties waive any right to a jury trial in an action or
proceeding arising out of this License.
IN WITNESS WHEREOF, the parties have hereto executed this Agreement the day and
year first above written.
AS TO LICENSEE:
B �►�! , . ii►��►
CATIA MELUZZI, Preside t i
ITNE S (signature)
print na71e)
.4"TSS (signature)
aahr\ G3 u \\
(print name)
AS TO THE OWNER:
4
16G
Attest: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA, serving as the
COLLIER COUNTY AIRPORT AUTHORITY
By:
-4/11
LP-4w By: avile 1;4.,
,
Dep C ear DONNA FIALA, CHAIRMAN
Attest as to Chairman's
signature only.
Approved as to form
and legal sufficiency:
Jennifer A. Belpedio, istant County Attorney ?.?
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16G 1
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 $500,000 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 Injury
ISO form Liability and Property Damage Liability. This shall include Premises and
Operations; Independent Contractors; Products and Completed Operations and
Contractual Liability
1. $2,000,000 General Aggregate
2. $2,000,000 Products/Completed Operations
3. $1,000,000 Personal and Advertising Injury
4. $1,000,000 Each Occurrence
5. $5,000 Medical Payments
6. Coverage will be included for all activities including but not limited to the
following: Grandstands or bleachers, Amusement Devices of any type,Animals
-any animal whether owned, non-owned, rented or hired, Fireworks, Parades,
Aircraft of any type, Concerts or Music events and Motorized vehicles being
used in any type of activity
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 $1,000,000 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
Center Ring Circus,inc.
Page 1
16G 1
Umbrella/Excess Liability
1. $5,000,000 Each Occurrence
2. $5,000,000 Aggregate
3. To apply on a following form basis over underlying Employers Liability,
Automobile Liability or General Liability.
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.
RLC 9/28/2016
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
Center Ring Circus,Inc.
Page 2
166 1
Exhibit B Insurance and Bonding Requirements-Airport Facility Leases
❑ Aviation Tenant ❑ Non-Aviation Tenant
insurance;/BondType Required Us x ,.
1. 0 Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Statutory Limits and Requirements
2. ® Employer's Liability $500,000 single limit per occurrence
3, El 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
1. $2,000,000 General Aggregate
2. $2,000,000 Products/Completed Operations
3. $1,000,000 Personal and Advertising Injury
4. $1,000,000 Each Occurrence
5. $5,000 Medical Payments
6. Coverage will be included for all activities including but not limited to the
following:Grandstands or bleachers, Amusement Devices of any type,Animals
-any animal whether owned, non-owned, rented or hired, Fireworks, Parades,
Aircraft of any type, Concerts or Music events and Motorized vehicles being
used in any type of activity
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 I
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. IN Automobile Liability $1,000,000 Each Occurrence;Bodily Injury&Property Damage,
Owned/Non-owned/Hired;Automobile Included
5. El Other insurance as ❑Airport Liability Insurance $ Per Occurrence
noted: bodily injury and property damage
0 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
Center Ring Circus,Inc.
Page 1
16G
Umbrella/Excess Liability
1. $5,000,000 Each Occurrence
2. $5,000,000 At:regate
3. To apply on a following form basis over underlying Employers Liability,
Automobile Liability or General Liability.
6. El 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, E 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. 0 Thirty(30)Days Cancellation Notice required,
RLC 9/28/2016
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.
1....1—.0y V76 OV 1-- " ?Y
Name of Firm
• • Date i
Lessee signature c—
Print Name
insurance Agency ge.‘,...‘,61....VK% (‘'5,-41,74\A ITV
Agent Name TO/4", Telephone Number 2453,ci31.-?ockS
Center Ring Circus,Inc
Page