Agenda 01/24/2017 Item #16G101/24/2017
EXECUTIVE SUMMARY
Recommendation to approve the First Amendment to a Site License Agreement with Center Ring
Circus, Inc. for a Big Top Circus Event at the Immokalee Regional Airport.
OBJECTIVE: To revise the dates of the Center Ring Circus, Inc., Big Top Circus Event to be held at
the Immokalee Regional Airport.
CONSIDERATIONS: The Board of County Commissioners (Board) previously approved a Site
License Agreement with Center Ring, Inc., (Licensee) for a Big Top Circus Event at the Immokalee
Regional Airport Park on January 25 and 26, 2017 (November 15, 2016 Agenda Item 16G1). Center
Ring Circus, Inc., has requested that the dates of the event be revised to January 30, 2017 through
February 1, 2017, with two additional days for setup on January 29, and tear-down on February 2, 2017.
All other terms of the agreement remain unchanged.
Airport Authority staff recommends that the Board approve this amendment to revise the dates of the
License Agreement to extend from January 29 to February 2, 2017.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary.
GROWTH MANAGEMENT IMPACT: There is no growth management 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
RECOMMENDATION: To approve and authorize the Chairman to execute the attached First
Amendment to the Big Top Circus Event Site License Agreement.
Prepared by: Justin Lobb, Airports Manager, Airport Authority, Growth Management Department
ATTACHMENT(S)
1. Exhibit A - Circus Agreement (PDF)
2. Circus Amendment Liquidated Damages_CAO stamp (PDF)
16.G.1
Packet Pg. 985
01/24/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.G.1
Item Summary: Recommendation to approve the First Amendment to a Site License Agreement
with Center Ring Circus, Inc. for a Big Top Circus Event at the Immokalee Regional Airport.
Meeting Date: 01/24/2017
Prepared by:
Title: Operations Coordinator – Airport Authority
Name: Debra Brueggeman
01/06/2017 1:40 PM
Submitted by:
Title: Division Director - Operations Support – Growth Management Department
Name: Gene Shue
01/06/2017 1:40 PM
Approved By:
Review:
Growth Management Department Gene Shue Additional Reviewer Completed 01/06/2017 5:42 PM
Procurement Services Allison Kearns Additional Reviewer Completed 01/08/2017 9:49 AM
Airport Authority Justin Lobb Additional Reviewer Completed 01/08/2017 7:08 PM
Growth Management Department Jeanne Marcella Level 1 Division Reviewer Completed 01/09/2017 7:37 AM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 01/09/2017 7:38 AM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 01/11/2017 4:38 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/12/2017 5:09 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 01/13/2017 10:38 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/18/2017 10:05 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 01/18/2017 12:03 PM
Board of County Commissioners MaryJo Brock Meeting Pending 01/24/2017 9:00 AM
16.G.1
Packet Pg. 986
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 JY" day of K(pklacbeY, 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
1
16.G.1.a
Packet Pg. 987 Attachment: Exhibit A - Circus Agreement (2559 : Big Top Circus First Amendment)
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
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
16.G.1.a
Packet Pg. 988 Attachment: Exhibit A - Circus Agreement (2559 : Big Top Circus First Amendment)
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
16.G.1.a
Packet Pg. 989 Attachment: Exhibit A - Circus Agreement (2559 : Big Top Circus First Amendment)
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 l , 1ksiatidCATIAMELDZI, Preside
ITNE S (signature)i
L A
print nal e)
ii
041*
1ESS (signature)
MA'W\ C3.3,iCI\___\
print name)
AS TO THE OWNER:
4
16.G.1.a
Packet Pg. 990 Attachment: Exhibit A - Circus Agreement (2559 : Big Top Circus First Amendment)
Attest: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA, serving as the
COLLIER COUNTY AIRPORT AUTHORITY
B A‘,41\ '`_ By:Y: 14449 j &
Dep C DONNA FIALA, CHAIRMAN
Attest as to Chairman's
signature only.
Approved as to form
and legal sufficiency:
CAAr
Jennifer A. Belpedio, istant County Attorney
5
16.G.1.a
Packet Pg. 991 Attachment: Exhibit A - Circus Agreement (2559 : Big Top Circus First Amendment)
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16.G.1.a
Packet Pg. 992 Attachment: Exhibit A - Circus Agreement (2559 : Big Top Circus First Amendment)
Exhibit B Insurance and Bonding Requirements-Airport Facility Leases
0 Aviation Tenant Non-Aviation Tenant
insurance/t3pnd'Type Repctlyd;urr4lts
1. Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Statutory Limits and Requirements
2. Z 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
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. Z Automobile Liability 1,000,000 Each Occurrence;Bodily Injury&Property Damage,
Owned/Non-owned/Hired;Automobile Included
5. 1 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
16.G.1.a
Packet Pg. 993 Attachment: Exhibit A - Circus Agreement (2559 : Big Top Circus First Amendment)
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.
b. 0 Lessee shall ensure that all sub•lessfe5compiy with thesame 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. E Thirty(30)Days Cancellation Notice required. 1.
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.
LLoy 6 OV
Nome of Firm f7ate •
Lesser.Signature c ; •, .
Print NamemV--1
I11-cInsuranceAgency
Agent Name 1; 11 1 fAC'lJ•- C Telephone Number 2.b3.C13)•7O
Page 2
16.G.1.a
Packet Pg. 994 Attachment: Exhibit A - Circus Agreement (2559 : Big Top Circus First Amendment)
16.G.1.b
Packet Pg. 995 Attachment: Circus Amendment Liquidated Damages_CAO stamp (2559 : Big Top Circus First Amendment)
16.G.1.b
Packet Pg. 996 Attachment: Circus Amendment Liquidated Damages_CAO stamp (2559 : Big Top Circus First Amendment)