Agenda 02/11/2014 Item #16G3 Proposed Agenda Changes
Board of County Commissioners Meeting
February 11,2014
Move Item 16A5 to Item 11C: Recommendation to approve a proposal from Coastal Planning&
Engineering dated December 16,2013 for a historic beach performance report and presentation
under Contract 09-5262-CZ,authorize budget amendment,authorize the County Manager or his
designee to execute the work order for a not to exceed amount of$19,980.60,and make a finding
that this expenditure promotes tourism. (Commissioner Nance and Commissioner Hiller's separate
requests)
Move Item 16A7 to Item 11D: Recommendation to approve a proposal with Humiston & Moore
Engineers dated December 26,2013 for Professional Services to assist the County in developing
current beach renourishment industry trends under Contract 09-5262-S2,authorize the necessary
budget amendment and authorize the County Manager or his designee to execute the work order
for a not to exceed amount of$10,000 and make a finding that this expenditure promotes tourism.
(Commissioner Hiller's request)
Withdraw Item 16E9: Recommendation to award Bid#13-6113, "Janitorial Services," to ISS
Facility Services for County-wide janitorial cleaning and services. (Staff's request)
Move Item 16G3 to Item 14A1 :
Recommendation to approve a Third
Amendment to License Agreement between the
Collier County Airport Authority and Immokalee
Regional Raceway, pending FAA approval,
permitting, environmental and zoning
compliance. (Commissioner Hiller's request)
Continue Item 17C to the February 25,2014 BCC Meeting: Recommendation to adopt an
ordinance amending Ordinance No. 97-8,as amended, relating to the Collier County False Alarm
Ordinance. (Sheriff's request)
Time Certain Items:
2/11/2014 16.G.3.
EXECUTIVE SUMMARY
Recommendation to approve a Third Amendment to License Agreement between the
Collier County Airport Authority and Immokalee Regional Raceway, pending FAA
approval, permitting, environmental and zoning compliance.
OBJECTIVE: That the Board of County Commissioners, in its capacity as the Collier County
Airport Authority (Authority), approves a Third Amendment to License Agreement between the
Collier County Airport Authority and Immokalee Regional Raceway pending FAA approval,
permitting, environmental and zoning compliance.
CONSIDERATIONS: In April, 1999, the Authority entered into a License Agreement with
RTH Enterprises, Inc., d/b/a Immokalee Regional Raceway (IRR), for the temporary use of
property within the Immokalee Regional Airport as an "IHRA Sanctioned Drag Racing Strip."
In 2002, the Authority and IRR entered into the First Amendment to this License Agreement in
order to, among other things, extend the expiration date of the License Agreement to March 31,
2007. Since April 1, 2007, the Authority and Immokalee Regional Raceway through their intent
and conduct extended the License Agreement on a month-to-month basis.
In 2011, the Authority and IRR entered in to the Second Amendment of this License Agreement
to memorialize the continuing month-to-month arrangement and revise fees owed by IRR.
The proposed Third Amendment amends the lease boundaries to (1) include the entire closed
Runway 4-22, including the bath house and areas of concession and other revenue generating
areas of operations, (2) add a go-cart Track as an approved use, and (3) to update the insurance
requirements and risks to include go-cart Track operations. It should be noted that the go-cart
facility has been operational for approximately 7 years without authorization from the Airport
Authority or the Board of County Commissioners. Pending this requested Board action those
operations have been suspended.
The uses allowed within the Immokalee Regional Airport are dictated by the Immokalee
Regional Airport, Airport Operations Planned Unit Development (PUD), Ordinance #2010-07.
The PUD is segmented into three separate development tracts: Airports Operations Tract,
Industrial Tract and Expansion Tract. Each of these Tracts has the specific uses listed in the
PUD that are permitted within each of the Tracts. The drag strip is situated within the Airport
Operations Tract and is designated as a permitted use within that Tract. The go-cart course is
also situated within the Airports Operation Tract, but is not listed as a permitted use. While the
go-cart course shares similar use and impact characteristics as that of the drag strip, as noted, it is
not a use that is listed in the Airports Operations Tract. The PUD does provide go-cart courses
within the Industrial Tract of the PUD. The most expedient manner to potentially gain zoning
compliance for the go-cart course would be to seek a comparable and compatible use
determination, as provided for within permitted use L of the Airport Operations Tract, which
reads, "Any other use that is comparable in nature with the foregoing list of permitted uses as
determined by the BZA according to the process described in the LDC. " The process requires an
applicant to submit an application establishing the facts as to why the use sought is comparable
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and compatible with the uses permitted, with an application fee of$1000 and an advertising cost
of approximately $925. The determination is rendered by staff through an administrative process,
but requires the determination be ratified by the Hearing Examiner within an advertised public
hearing.
The Board's approval of this amendment would allow for the resumption of the go-cart
operations. The amendment however does not address other issues such as a revised lease rate
commensurate with the expanded footprint and scope of operations. These additional issues will
be addressed, with the assistance of the Real Property Management group, in the next phase of
revising this License Agreement. It is estimated that this review will be completed in the next 90
days and the revised agreement will be presented to the Board at that time.
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 has been reviewed by the County Attorney, is
approved as to form and legality, and requires majority vote for approval. -JAK
RECOMMENDATION: That the Board of County Commissioners, in its capacity as the
Collier County Airport Authority, approves the attached Third Amendment to License
Agreement between the Collier County Airport Authority and Immokalee Regional Raceway,
pending FAA approval, permitting, environmental and zoning compliance.
Prepared by: Gene Shue, Operations Director, Growth Management Division- C&M
Attachments: 1) 3rd Amendment; 2) 1st Amendment to Licensing Agreement; and 3) 2nd
Amendment; and 4) Bare License Agreement
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.G.16.G.3.
Item Summary: Recommendation to approve a Third Amendment to License Agreement
between the Collier County Airport Authority and Immokalee Regional Raceway, pending FAA
approval, permitting, environmental and zoning compliance.
Meeting Date: 2/11/2014
Prepared By
Name: BrueggemanDebra
Title: Operations Coordinator, Airport Authority
2/4/2014 10:08:53 AM
Submitted by
Title: Director-Operations Support,Transportation Administration
Name: ShueGene
2/4/2014 10:08:55 AM
Approved By
Name: ShueGene
Title: Director-Operations Support,Transportation Administration
Date: 2/4/2014 11:56:44 AM
Name: LynchDiane
Title: Supervisor-Operations, Road Maintenance
Date: 2/5/2014 8:22:25 AM
Name: LynchDiane
Title: Supervisor-Operations,Road Maintenance
Date: 2/5/2014 8:22:35 AM
Name: VergoThomas
Title: Manager-Airport,Airport Authority
Date: 2/5/2014 8:36:44 AM
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Name: KearnsAllison ,.
Title: Manager Financial &Operational Support,Transportation Administration
Date: 2/5/2014 9:01:15 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 2/5/2014 9:13:50 AM
Name:KlatzkowJeff
Title: County Attorney,
Date: 2/5/2014 9:19:54 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/5/2014 9:42:18 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget
Date: 2/5/2014 9:57:33 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget
Date: 2/5/2014 10:25:36 AM
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2/11/2014 16.G.3.
THIRD AMENDMENT TO LICENSE AGREEMENT
BETWEEN COLLIER COUNTY AIRPORT AUTHORITY AND IMMOKALEE
REGIONAL RACEWAY,INC.
WHEREAS, the Collier County Airport Authority ("Authority") entered into a License
Agreement with RTH Enterprises, Inc., a Florida Corporation, D/B/A Immokalee Regional
Raceway ("IRR") for the temporary use of property within the Immokalee Regional Airport as
an"IHRA Sanctioned Drag Racing Strip,"hereinafter referred to as the "License Agreement."
WHEREAS, on March 11, 2002, the Authority and IRR entered into the first amendment
to the License Agreement; and
WHEREAS, on March 22, 2011, the Authority and IRR entered into the second
amendment to the License Agreement; and
WHEREAS, a "Go-Cart Track" is presently operating in the vicinity of the operational
area as defined in the License Agreement; and
WHEREAS, neither the License Agreement or the zoning of the Immokalee Airport
currently allows this use; and
WHEREAS, the parties both wish to continue this use while at the same time actively
moving to resolve these issues through a new License Agreement and zoning procedure.
NOW,THEREFORE, said License Agreement is amended as follows:
1. Exhibit "A" of the License Agreement is deleted in its entirety and is replaced with
the attached Exhibit A.
2. A new Exhibit "C," entitled Contract Insurance Requirements, is hereby added to the
License Agreement.
3. The License Agreement is amended to authorize the present use of the Go-Cart Track
operation.
4. Paragraph 5 is deleted in its entirety and is replaced with a new Paragraph 5 five that
reads as follows:
INSURANCE. IRR shall maintain insurance as outlined in Exhibit "C." Such insurance
shall name the Collier County Board of County Commissioners as an additional insured. IRR
shall maintain coverage of all improvements to the Facilities. Such insurance shall always be
with a company licensed and authorized to conduct that insurance business in the State of
Florida.
5. All other terms and conditions of the License Agreement, as amended, remain in full
force and effect.
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2/11/2014 16.G.3.
IN WITNESS THEREOF, the parties hereto have signed this Third Amendment to
License Agreement on this the day of 2014.
RTH ENTERPRISES INC., A FLORIDA
CORPORATION, D/B/A
Immokalee Regional Raceway
By: Date:
Ralph T. Hester, President
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 TOM HENNING, CHAIRMAN
Approved as to foltu and legality
Jeffrey A. Klatzkow
County Attorney
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2/11/2014 16.G.3.
€ EXHIBIT C
COLLIER COUNTY AIRPORT AUTHORITY
CONTRACT INSURANCE
REQUIREMENTS
TYPE LIMITS (Check)
X Workers' Compensation Statutory Limits of Florida Statutes 440 and Federal Government
Statutory Limits and Requirements
X Employer's Liability $500,000 X $1,000,000
X Commercial General $500,000 per occurrence X $3,000,000 per occurrence
Liability (Occurrence Form) bodily injury and property I bodily injury and property
patterned after the current damage damage
ISO form with no limiting
endorsements.
Airport Liability Insurance $500,000 per occurrence $1,000,000 per occurrence
bodily injury and property bodily injury and property
damage damage
Hangarkeepers Liability $500,000 per aircraft $1,000,000 per aircraft
Aircraft Liability Insurance $500,000 per occurrence $1,000,000 per occurrence
bodily injury and property bodily injury and property
damage damage
X Business Automobile $500,000 per occurrence X $1,000,000 per occurrence
Insurance bodily injury and property bodily injury and property
damage damage
X Pollution Liability Insurance X $500,000 per occurrence $1,000,000 per occurrence
bodily injury and property bodily injury and property
damage damage
Property Insurance Replacement Cost-All Risks of Loss
Liquor Liability $500,000 per occurrence $1,000,000 per occurrence
bodily injury and property bodily injury and property
damage damage
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 Contractor/Vendor/Consultant or anyone
employed or utilized by the Contractor/Vendor/Consultant 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.
Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE—The
"Certificate Holder" should read as follows:
Collier County
Board of County Commissioners
Naples, Florida
No County Division, Department, or individual name should appear on the Certificate. No other format will
be acceptable.
Thirty (30) Days Cancellation Notice required on Agreements exceeding 6 months. The contract name
and number shall be included on the certificate of insurance.
Collier County shall be shown as an"ADDITIONAL NAMED INSURED" on property policies where an
interest in improvements and betterments is made, as its interests may appear.
Collier County must be named as"ADDITIONAL INSURED" on the Insurance Certificate for Commercial
General Liability and/or Airport Liability where required.
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FIRST AMENDMENT TO LICENSING AGREEMENT
BETWEEN COLLIER COUNTY AIRPORT AUTHORITY AND IMMOKALEE
•
REGIONAL RACEWAY,INC.
WHEREAS,the Collier County Airport Authority("Authority")has an agreement
with RTH Enterprises,Inc., a Florida Corporation, DB/A Immokalee Regional Raceway
("IRR")dated April 1, 1999 hereinafter referred to as the "Base Agreement".
NOW,THEREFORE,said Licensing Agreement is amended as follows:
1. Paragraph(10)ten is deleted in its entirety and is replaced with a new paragraph (10)
ten that reads as follows:
A. Commercial Operating Privilege Fee—Two Hundred($200)per year.
B. Commercial Activities Fee- $2,750 per month,plus applicable Florida taxes.
C. Advertising Fee—50%of gross revenues derived from advertising concessions
plus applicable Florida taxes.
D. Deposit- $ 5,000. Authority shall retain any interest accrued thereon.
2. Delete paragraph(4)four in its entirety and replace it with the new paragraph(4)
four that reads as follows:
A. IRR will be permitted to operate the specified uses in said operational area at the
Immokalee Regional Airport effective April 1,2002 through March 31,2007.
B. This agreement may be terminated upon thirty(30) days written notice by either
party to the other without liability by either party. This agreement and the IRR
occupancy of said area shall always be at no cost to the Authority.
3. All other terms and conditions of the License Agreement remain in full force and
effect.
4. IRR shall construct a temporary Lime Rock Road per exhibit B attached hereto
and made a part hereof.
IN WITNESS THEREOF,the parties hereto have signed this first Amendment to
License Agreement this 11th day of March 2002.
ATTEST: COL ER CO Y AIRPORT AUTHORITY
V By:
ohn H. Drury,A.A.E. Steve Price,Chairman
Executive Director
Gail Hambright
1
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RTH Enterprises Inc.,a Florida
Corporation,D :/A
Immokalee ' • al Racy •"ay
By: t!I ' ' (L.S.)
'rp, ester,President
ATTEST to Mr.Hester's Signature:
Signed by Mr.Hester in the presence of:
-AL L1 ..�
FIRST SS
Print/Type Name
. ITNESS-
Print/Type Name
Approval as to form and legal sufficiency:
1 O w% �uv -
Thomas C.Palmer,
Attorney for the Authority
•
9
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SECOND AMENDMENT TO LICENSE AGREEMENT,
BETWEEN COLLIER COUNTY AIRPORT AUTHORITY AND IMMOKALEE
REGIONAL RACEWAY. INC.
WHEREAS, the Collier County Airport Authority ("Authority") entered into a License
Agreement with RTH Enterprises, Inc., a Florida Corporation, D/B/A Immokalee Regional
Raceway ("IRR") for the temporary use of property within the Immokalee Regional Airport as
an"IHRA Sanctioned Drag Racing Strip,"hereinafter referred to as the"License Agreement" A
copy of the License Agreement is attached hereto as Exhibit A; and
WHEREAS, on March 11, 2002, the Authority and IRR amended the License
Agreement in order to, among other things, extend the expiration date of the License Agreement
to March 31, 2007. A copy of this first amendment to the License Agreement is attached hereto
as Exhibit B; and
WHEREAS, since April 1, 2007, the parties through their intent and conduct extended
the License Agreement on a month-to-month basis, and IRR has continued its operations at the
Immokalee Regional Airport pursuant to the terms and conditions set forth in the License
Agreement, as amended; and
WHEREAS,the Authority and IRR desire to further amend the License Agreement.
NOW,THEREFORE, said License Agreement is amended as follows:
1. Paragraph 10 is deleted in its entirety and is replaced with a new paragraph (10) ten that
reads as follows:
A. Commercial Operating Privilege Fee—Two Hundred($200)per year.
B. Advertising Fee — 50% of gross revenues derived from advertising concessions
plus applicable Florida taxes.
C. Deposit- $ 5,000.Authority shall retain any interest accrued thereon.
D. Land Lease—Two Thousand Five Hundred ($2,500 per month).
2. Paragraph 4 is deleted in its entirety and is replaced with a new paragraph 4 that reads as
follows:
A. IRR will be permitted to operate the specified uses in said operational area at the
Immokalee Regional Airport on a month-to-month basis effective April 1, 2011.
The License Agreement and the 1RR occupancy of the leased area shall always be
at no cost to the Authority.
B. This Agreement may be terminated with or without cause upon thirty (30) days
written notice by either party to the other without liability by either party. Should
the Authority exercise this right, Tenant will be given six (6) months to vacate the
premises and remove all of its improvements and fixtures.
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2/11/2014 16.G.3.
3. All other terms and conditions of the License Agreement, as amended, remain in full
force and effect.
IN WITNESS THEREOF, the parties hereto have signed this Second Amendment to
License Agreement on this the 2Zv%d day of ,2011.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA, IN ITS
CAPACITY AS THE COLLIER COUNTY
r ,
VIVAA AIRPORT AUTHORITY
ti
�, 1..' ,",d 1'
BY
test. asr FRED W. COYLE, Chairman
ry
RTH EN-fERPRESEg INC.,A FLORIDA
CORPORATION, D/B/A
Immokale, egional aceway
By: .. /�� Attest:/� ' i �yr`
Pritft • a v i e ,g,N7MEATAPF Corporate Secretary
Approv,.+ as t .rm
and leg. s 1i-ncy:
Jeffrey "i” "1
County o y
2
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_..._._._.---..._.. 3/22/2011 Item 13.A.1.
Attachment A
License Agreement Between Immokalee Regional Raceway and
Collier County Airport Authority at the Immokalee Regional Airport
RTH Enterprises Inc.
DB/A Immokalee Regional Raceway Collier County Airport Authority
P. O. Box 2023 2003 Mainsail Drive
Immokalee,FL 34143 Naples, FL 34114
This is a BARE LICENSE Agreement between the Immokalee Regional Raceway (IRR) and the
Collier County Airport Authority (Authority). This Agreement is for the temporary use of the
area depicted in Exhibit"A". The area shall be for the sole purpose of"IHRA Sanctioned Drag
Racing Strip."Drag Racing is an inherently risky activity. IRR must always faithfully satisfy all
the requirements listed in this Agreement and all of its Exhibits and the IRR must at all times act
in the utmost good faith with regard to all aspects of this Agreement. For the purposes of this
Agreement, IRR includes the corporation and all person employed by IRR, all agents and other
representatives of IRR, and all persons actually or constructively invited anywhere onto the
Immokalee Airport because of any activity of IRR, including, but not limited to, its employees,
agents and representatives, all crews, spectators, concessionaires, and patrons. The Executive
Director of the Authority and the Manager of the Immokalee Airport are hereby authorized to
administer this Agreement on behalf of the Authority. Only the Authority may amend this
Agreement. "Airport" means the entire Immokalee Regional Airport. "Operational Area" means
the area depicted as such in Exhibit "A" attached hereto. "Parking Area" is limited to the areas
depicted as such on the attached Exhibit "A".
t
1. No activity will be allowed which in the sole discretion of the Authority interferes with the
safe operation of the Immokalee Regional Airport or that is unacceptable to the Authority or
that in the judgment of the Airport Manager or the Executive Director of the Authority
constitutes any type of hazard or nuisance.
2. All operations shall be limited to the area depicted on Exhibit"A"(operational area) and IRR
will be responsible for all public control, security, clean-up of the Airport, and returning the
site to its original condition after use. IRR shall keep the Airport clean of any and all trash,
etc. brought onto the Airport by any person connected to IRR, including a complete policing
of the entire Licensed Area as soon as possible after every race day.
3. IRR has constructed a vehicle access road from Airpark Boulevard to the operational area, as
depicted in exhibit "A". IRR assets that the access road has been designed and constructed
in accordance with all Federal, State, and County regulations. That road shall be maintained
at no cost whatsoever to the Authority and shall automatically become the property of the
Authority upon the termination of this Agreement.
4. IRR will be permitted to operate in said operational area at the Immokalee Regional Airport
effective April 1. 1999 through March 31,2002. This agreement may be terminated upon 30
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days written notice by either party without liability by either party. This Agreement and the
IRR occupancy of said area shall always be at no cost to the Authority.
5. INSURANCE. IRR agrees to maintain in force at all times during the term of this agreement
$3,000,000 Comprehensive General Liability Insurance and the Collier County Board of
• County Commissioners will at all times be an"additional insured". An acceptable Certificate
of Insurance evidenced such coverage shall be delivered to the Authority prior to the
approval of this Letter of Agreement.
6. IRR agrees that its activity will not create any public or private nuisance and that the activity
proposed shall be conducted in accordance with all Federal, State and local laws and in full
accord with the I.mmokalee Regional Raceway Safety Plan including all exhibits thereto.
7. IRR shall identify and perform adequate measures to ensure that no persons who are on the
Airport as a patron, guest employee, agent or in any way associated with IRR shall wander,
venture or go outside of the area depicted on Exhibit"A".
8. IRR shall submit an acceptable plan identifying details, schedules, and personnel required to
successfully conduct drag racing activity and a detailed Safety Plan prior to the Authority
approving this Letter of Agreement. Once the plan is approved, it shall automatically and
immediately he part of this Agreement.
•
9. IRR shall indemnify and save harmless the Authority, Board of County Commissioners,
members of their boards, their officers, agents, and employees of and from all claims,
demands, debts, liabilities, and cause of action (including attorney fees and cost) whatsoever
resulting from any operation or mere presence of IRR at the Immokalee Regional Airport
1 0. Fees: For the purpose of occupying the space and conducting commercial activities at the
Airport. LRR shall pay the following fees:
A. Occupancy Fee- $150 per month.
13. Commercial Activities Fee—$1,000 each week of any activity.
C. Advertising Fee—50%of gross revenues derived from advertising concessions.
D. Deposit - $5,000. Authority shall retain any interest accrued thereon.
Occupancy Fee: Shall be paid in advance and without demand on the first of each month
throughout the term of this agreement. Prompt payment is essential. The Authority will not
tolerate any late payment of any fees.
Commercial Activities Fee: For each week that the raceway is "active" IRR shrill pay to the
an additional $1,000 "Activity fee." "Active" shall mean any vehicle operations taking place
during the respective week (Monday through Sunday) on the raceway for any purpose
(testing, racing etc.). At a minimum the raceway shall be deemed to he active (whether
actually active or not) twenty-four (24) weeks per License Agreement Year. IRR shall pay
$2;000 per month beginning May 1. 1999 to cover said twenty-four (24) minimum active
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3/22/2011 Item 13.A.1.
weeks, Each year on March 31 IRR shall provide Authority with a statement identifying the
number of weeks the raceway was actually"active" and"deemed" active during the previous
twelve (12) month period. If raceway was "active" more than any twenty-four (24) of those
weeks, IRR shall issue payment with the statement in the amount of 51,000 for each "active"
week over.the"deemed"twenty-four (24)week minimum.
Advertising Fee: At the end of each month IRR shall issue to the Authority a statement along
with payment in the amount of 50% of all gross advertising revenue received by IRR during
that month. It is contemplated that IRR will sell advertising by allowing advertisers to
display advertising signs on the concrete barrier walls of the raceway opposite the spectator
viewing area_ The Director of the Airport Authority may require immediate removal of any
advertising that he deems to be inappropriate or be in an unapproved location; it is, therefore.
recommended that if there is any question that an advertisement may not be appropriate, that
the advertisement may be approved by the Airport Manager before placement at the Airport.
Security Deposit Prior to April 1, 1999, IRR shall deliver a deposit of$5,000. That deposit
shall be returned in full at the termination of this Agreement, less any damages and/or costs
the Authority incurs related to IRR's occupancy or use of the Airport.
11. Improvements to Raceway: Other than the Access Road (described hereinabove), no
permanent improvements shall be permitted. All improvements (seating, concrete
barricades, timing devices etc.) shall be removed not later than thirty (30)days after notice to
remove from the Authority. All shall be at no cost to the Authority.
12. Fire Fighting. Rescue. Security, and Towing. IRR shall he responsible to provide fire
fighting, rescue, security, and towing at the Airport. Neither Collier County, the Authority,
or any agency of Collier County shall have any obligations with regard to any such matters.
Services from the Collier County Sheriffs Agency and Collier County EMS shall be as
provided to any other entity. No extraordinary services shall be provided. "Rescue"
includes all emergency services-that may be deemed to be reasonably needed by any person
associated with IRR
13. Fuel. Fuel shall be stored in containers that are approved by the Immokalee Fire District.
Said approval shall be in writing. Fuel shall be stored safely only in the area marked on
exhibit"B" of the Safety Plan. Fuel will be transported in an appropriately licensed transport
vehicle by a licensed fuel vendor.
14. Parking Areals). IRR shall be responsible to ensure that no vehicles are parked in any area
that has not been authorized by the Authority in writing for parking any such vehicle. IRR
shall not less than one each week inspect all parking areas for any condition that might cause
any harm to any persons or property. Any such harm discovered by IRR shall immediately
he brought to the attention of the Airport Manager, or in his absence, the Executive Director
of the Authority. IRR shall be solely responsible for all matters related to the parking of
vehicles on the Airport whenever any such parking is affiliated with any activity of IRR or
the presence of IRR on the Airport.
3
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3/22/2011 item 13.A.1.
I C. Public Stands. Security Sheds. Picnic Tables. Concession Stands. Kitty Play Area. Etc. IRR
shall be solely responsible for all matters related to all areas licensed for any use by IRR.
16. POLLUTION AND CONTAMINATION. IRR shall be responsible to fully clean up any
and all contamination of the Airport with fuel and/or any other pollutants that may be brought
onto the Airport by IRR. No such substance shall he brought onto the Airport without prior
written approval from the Executive Director of the Authority.
17. Use of Licensed Premises/Use of Name. IRR has inspected the Airport and approves the
same as being suitable for the uses intended by IRR. The IRR takes the Airport "as is." IRR
shall not use the airport for any unlawful, immoral,or illegal purpose.
18. Track Condition. IRR shall maintain the racetrack in a race-insurable, race-ready condition,
and at the termination of this Agreement shall return the racetrack to the Authority in a race-
insurable and race-ready condition.
19. Utilities. IRR shall pay for all of its utilities,including trash removal, at the Airport.
20. Alcoholic Beverages. No alcoholic beverages, including beer, shall be allowed at the
Airport. IRR can immediately have removed from the Airport any person who violates this
restriction. IRR shall post appropriate signs and other notices that state that alcoholic beverages
are prohibited at the Airport.
21. Real Property Taxes. At the time of execution of this Agreement, the Licensed premises are
not subject to real property taxes. IRR shall be responsible for the payment of any and all real
property taxes or other taxes which may be assessed on the licensed premises, including on any
and all improvements,and/or on this Agreement itself.
22. Costs of Enforcement. In the event that is shall be deemed necessary by the Authority, at
any time, to institute legal action or proceeding for the enforcement of this Agreement or to
employ the County Attorney's Office and/or an outside attorneys)-at-law for the purpose of
enforcing any terms of this Agreement, the prevailing party shall be entitled to recover all costs
and expenses incurred, including reasonable attorney's fees, through all proceedings, trials, and
appeals,
23. Authority's Right to Review Financial Statements. IRR shall provide upon request, on an
annual basis, and at no costs to the Authority, within sixty (60) days of IRR's receipt thereof.
IRR's financial statements pertaining to the Airport.
24. Media Rights. IRR shall have all motion picture, television, audio recording, video and other
media rights pertaining to all events that occur on the Licensed premises during the term of this
Agreement. 1RR is entitled to all income pertaining to or derived from said rights including
income received by IRR subsequent to the termination of this Agreement
4 q>
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_
3/22/2011 Item 13.A.1.
1 25. Venue. The exclusive venue for all actions arising from this Agreement shall be in Collier
County, Florida.
26. Notices. Any notice, statement, demand or other communication required or permitted to be
delivered or served or given by either party hereto to the other, shall be delivered or served or
given and shall be deemed to have been delivered or served or given if mailed in any general or
branch U.S. Posy Office, enclosed in a registered or certified envelope addressed to the
respective party as follows:
To the Authority: To the Licensee:
RTH Enterprises Inc.d/b/a
lmmol.glee Regional Raceway Collier County Airport Authority
P. O. Box 2023 2003 Mainsail Drive
Immokalee, FL 34142 Naples, FL 34114
27. Assitnment. This Agreement shall not be assigned without the expressed written approval
of the authority.
IN WITNESS WHEREOF, the parties hereto have executed this BARE LICENSE
AGREEMENT on this day of April, I999.
RTH ENTER-PRISES,'cC. A DELEWARE CORPORATION D/B/A IMMOKALEE
REGION;!. •ACEW:,'.
iv
f!"u
c-7 By: i Dat
Tit e:"/ C-1
Print Name: /1h4 // (res-/ er2--i
Witness: I,VLLc .tCA., .74 /eg.t f-hu___
Witness: `'"vim RCVAC/a4/7
In sinning, this document, the above individual warrants and certifies that he is a bonafide
representative of the Immokalee Regional Raceway and has full authority to oblieate said RTH
Enterprises Inc. d/bia Immokalee Regional Raceway a Dcleware Corporation, of the provisions
agreed to herein.
COLLIER COUNTY PORT AUTHORITY
cr--?!-DL, --)---vs,- , q -eiri
Approved Date: -`2 3
Airport Authority
Michael Williams, Chairman
5
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3/22/2011 Item 13.A.1.
Witness:
.•Witness:..'. -
Printed name of Witness
•
GAIL D.HAY8RIGBT
Witness': Notary Public,Stang of Florida
comet.expires AU 19.2002
t t t r Comm.No.CC76S562
Witness:G41 • t y�y► r rt ctt Crt4
Printed name of Wi'tliess
Approved as to form and legal sufficiency
•
(CPIA^,
Thomas C. Palmer
Assistant County Attorney
• -END-
•
•
•
•
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Packet Page -951-
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2/11/2014 16.G.3.
3/22/2011 Item 13.A.1.
IMMOKALEE REGIONAL RACEWAY SAFETY PLAN
1. The Immokalee Regional Raceway will meet or exceed each of the attached
International Hot Rod Association(IHRA)track requirements. See exhibit"A".
2. Immokalee Regional Raceway will provide security personnel for crowd control at
each race event. Security personnel will be posted at each access location to prevent
unauthorized person(s)from gaining access to the pit and track operation areas.See
exhibit"B".
3. Prior to commencing any racing activities the Immokalee Regional Raceway will
coordinate emergency response requirements with rmmokalee Fire Department, The
Collier County Sheriff's Office, and Collier County EMS. This will include IRR
providing copies of this safety plan and visitation to the site by those agencies.
4. Twenty four hours Prior to each racing event IRR will inform each of the afore
mentioned agencies that races will be held.
5. IRR will have emergency communications capabilities at all times consisting of
telephones with backup cellular telephone for the purpose of reporting any emergency
to appropriate responding agencies.
Packet Page-953-
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2/11/2014 16.G.3.
3/22/2011 Item 13.A.1. _
6. IRR will operate at all times within the parameters of an approved II-ERA safety plan.
•
7. IRR will update this plan annually or as necessary due to operational or facility Iayout
changcs.
Packet Page -954-
2/11/2014 16.G.3.
3/22/2011 Item 13.A.1. -
I Safety Plan-Exhibit "A"
•
Basic 1/8 Mile IHRA Weekly Track Requirements
.
1. Track must be at least 40'wide.
2 Track must be at least 1,800' long from starting line to end of paved surface. Sand trap
recommended.
3. Retaining walls must be double stacked guardrail or concrete wall at least 24'high from starting
fine to at least 1,000 past finish line,and the entire length of the shutdown area on the return road
side of the track.
4. Must have adequate staging lanes.
5. Crowd control fence at least 4'high in any area spectators have access to pits,track or return
road. Spectator control fence must be at least 50'back from the track, from the 1/8 mile point
through the entire length of the shutdown area. In the area between the burnout box and the 1/8
mile,25'is the minimum. See insurance regulations.
6. Perimeter pit fencing is mandatory and is recommended that it be used in conjunction with other
control fences. This will facilitate a measure of safety for the fans and racers as well as their
personal property.
7. All concession stands and rest rooms must meet all local Health Department rules and be
licensed by local Health Department.
8. Racing surface must be reasonably smooth.
9. Fifty pounds total fire fighting extinguishers on premises.
10. Must have seating capacity of at least 500 seats with adequate parking. Grandstands must be
state approved.
11. Must have pits to accommodate 100.1:acing rigs.
12. Must have timing tower.
13. Minimum insurance requirement one million liability.
14. These minimums are for new track construction. Some consideration will be accepted for
existing tracks.
•
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Packet Page-956-
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3/22/LV± ILG111
Attachment B
FIRST AMENDMENT TO LICENSING AGREEMENT
BETWEEN COLLIER COUNTY AIRPORT AUTHORITY AND IMMOKALEE
REGIONAL RACEWAY, INC.
WHEREAS,the Collier County Airport Authority("Authority")has an agreement
with RTH Enterprises, Inc., a Florida Corporation, D/B/A Inunokalee Regional Raceway
("IRR")dated April 1, 1999 hereinafter referred to as the"Base Agreement".
NOW,THEREFORE, said Licensing Agreement is amended as follows:
1. Paragraph (10)ten is deleted in its entirety and is replaced with a new paragraph(10)
ten that reads as follows:
A. Commercial Operating Privilege Fee— Two Hundred(5200)per year.
B. Commercial Activities Fee-$2,750 per month,plus applicable Florida taxes.
C. Advertising Fee—50%of gross revenues derived from advertising concessions
plus applicable Florida taxes.
D. Deposit-$5,000.Authority shall retain any interest accrued thereon.
2. Delete paragraph(4) four in its entirety and replace it with the new paragraph(4)
four that reads as follows:
A. IRR will be permitted to operate the specified uses in said operational area at the
Immokalee Regional Airport effective April 1,2002 through March 31,2007.
B. This agreement may be terminated upon thirty(30) days written notice by either
party to the other without liability by either party. This agreement and the IRR
occupancy of said area shall always be at no cost to the Authority.
3. All other terms and conditions of the License Agreement remain in full force and
effect,
4. IRR shall construct a temporary Lime Rock Road per exhibit B attached hereto
and made a part hereof.
IN WITNESS THEREOF,the parties hereto have signed this first Amendment to
License Agreement this 11`h day of March 2002.
ATTEST: COLLIER COU TY AIRPORT AUTHORITY
IC' ✓ By:
ohm H.Drury,A.A.E. Sieve Price,Chairman
Executive Director
Gail Hambright _
•
1
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3 1/4.-L/ 1...V11 lLLllf 1J.I1.1•
RTH Enterprises Inc.,a Florida
Corporation,D :/A
lmmokalee ' - al Rae, ••ay
By: j i (L.S.)
'tp• ester,President
AI 1 iST to Mr.Hester's Signature:
Signed by Mr.Hester in the presence of:
\{ ` c.t,LL
FIRST SS
(
Print/Type Name
ITNESS
•
Print/Type Name
Approval as to form and legal sufficiency:
1 0 ,....„, R1444.„--
Thomas C.Palmer,
Attorney for the Authority
2
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License Agreement Between Immokalee Regional Raceway and
Collier County Airport Authority at the Immolalee Regional Airport
RTH Enterprises Inc.
D/B/A Immokalee Regional Raceway Collier County Airport Authority
P. O. Box 2023 2003 Mainsail Drive
Immokalee, FL 34143 Naples,FL 34114
This is a BARE LICENSE Agreement between the Immokalee Regional Raceway (IRR) and the
Collier County Airport Authority (Authority). This Agreement is for the temporary
area depicted in Exhibit "A". The area shall be for the sole purpose of"IHRA Sanctioned Drag
Racing Strip."Drag Racing is an inherently risky activity. IRR must always faithfully satisfy all
the requirements listed in this Agreement and all of its Exhibits and the IRR must at all times act
in the utmost good faith with regard to all aspects of this Agreement. For the purposes of this
Agreement, IRR includes the corporation and all person employed by IRR, all agents and other
representatives of IRR, and all persons actually or constructively invited anywhere onto the
Immokalee Airport because of any activity of IRR, including, but not limited to, its employees,
agents and representatives, all crews, spectators, concessionaires, and patrons. The Executive
Director of the Authority and the Manager of the Immokalee Airport are hereby authorized to
administer this Agreement on behalf of the Authority. Only the Authority may amend this
Agreement. "Airport"means the entire Immokalee Regional Airport. "Operational Area"means
the area depicted as such in Exhibit "A" attached hereto. "Parking Area" is limited to the areas
depicted as such on the attached Exhibit "A".
1. No activity will be allowed which in the sole discretion of the Authority interferes with the
safe operation of the Immokalee Regional Airport or that is unacceptable to the Authority or
that in the judgment of the Airport Manager or the Executive Director of the Authority
constitutes any type of hazard or nuisance.
2. All operations shall be limited to the area depicted on Exhibit"A" (operational area) and IRR
will be responsible for all public control, security, clean-up of the Airport, and returning the
site to its original condition after use. IRR shall keep the Airport clean of any and all trash,
etc. brought onto the Airport by any person connected to IRR, including a complete policing
of the entire Licensed Area as soon as possible after every race day.
3. IRR has constructed a vehicle access road from Airpark Boulevard to the operational area, as
depicted in exhibit "A". IRR assets that the access road has been designed and constructed
in accordance with all Federal, State, and County regulations. That road shall be maintained
at no cost whatsoever to the Authority and shall automatically become the property of the
Authority upon the termination of this Agreement.
4. IRR will be permitted to operate in said operational area at the Immokalee Regional Airport
effective April 1, 1999 through March 31. 2002. This agreement may be terminated upon 30
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2/11/2014 16.G.3.
days written notice by either party without liability by either party. This Agreement and the
IRR occupancy of said area shall always be at no cost to the Authority.
5. INSURANCE. IRR agrees to maintain in force at all times during the term of this agreement
$3,000,000 Comprehensive General Liability Insurance and the Collier County Board of
County Commissioners will at all times be an"additional insured". An acceptable Certificate
of Insurance evidenced such coverage shall be delivered to the Authority prior to the
approval of this Letter of Agreement.
6. IRR agrees that its activity will not create any public or private nuisance and that the activity
proposed shall be conducted in accordance with all Federal, State and local laws and in full
accord with the Inunokalee Regional Raceway Safety Plan including all exhibits thereto.
7. IRR shall identify and perform adequate measures to ensure that no persons who are on the
Airport as a patron, guest employee, agent or in any way associated with IRR shall wander,
venture or go outside of the area depicted on Exhibit "A".
8. IRR shall submit an acceptable plan identifying details, schedules, and personnel required to
successfully conduct drag racing activity and a detailed Safety Plan prior to the Authority
approving this Letter of Agreement. Once the plan is approved, it shall automatically and
immediately be part of this Agreement.
9. IRR shall indemnify and save harmless the Authority, Board of County Commissioners,
members of their boards, their officers, agents, and employees of and from all claims,
demands, debts, liabilities, and cause of action (including attorney fees and cost) whatsoever
resulting from any operation or mere presence of IRR at the Immokalee Regional Airport.
10. Fees: For the purpose of occupying the space and conducting commercial activities at the
Airport, IRR shall pay the following fees:
A. Occupancy Fee -$150 per month.
B. Commercial Activities Fee—$1,000 each week of any activity.
C. Advertising Fee—50%of gross revenues derived from advertising concessions.
D. Deposit - $5,000. Authority shall retain any interest accrued thereon.
Occupancy Fee: Shall be paid in advance and without demand on the first of each month
throughout the term of this agreement. Prompt payment is essential. The Authority will not
tolerate any late payment of any fees.
Commercial Activities Fee: For each week that the raceway is "active" IRR shall pay to the
an additional$1,000"Activity fee." "Active"shall mean any vehicle operations taking place
during the respective week (Monday through Sunday) on the raceway for any purpose
(testing, racing etc.). At a minimum the raceway shall be deemed to be active (whether
actually active or not) twenty-four (24) weeks per License Agreement Year. IRR shall pay
$2,000 per month beginning May 1, 1999 to cover said twenty-four (24) minimum active
2
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weeks. Each year on March 31 IRR shall provide Authority with a statement identifying the
number of weeks the raceway was actually "active" and"deemed" active during the previous
twelve (12) month period. If raceway was "active" more than any twenty-four (24) of those
weeks, IRR shall issue payment with the statement in the amount of$1,000 for each "active"
week over the"deemed"twenty-four(24)week minimum.
Advertising Fee: At the end of each month IRR shall issue to the Authority a statement along
with payment in the amount of 50% of all gross advertising revenue received by IRR during
that month. It is contemplated that IRR will sell advertising by allowing advertisers to
display advertising signs on the concrete barrier walls of the raceway opposite the spectator
viewing area. The Director of the Airport Authority may require immediate removal of any
advertising that he deems to be inappropriate or be in an unapproved location; it is, therefore,
recommended that if there is any question that an advertisement may not be appropriate, that
the advertisement may be approved by the Airport Manager before placement at the Airport.
Security Deposit: Prior to April 1, 1999, IRR shall deliver a deposit of$5,000. That deposit
shall be returned in full at the termination of this Agreement, less any damages and/or costs
the Authority incurs related to IRR's occupancy or use of the Airport.
11. Improvements to Raceway: Other than the Access Road (described hereinabove), no
permanent improvements shall be permitted. All improvements (seating, concrete
barricades, timing devices etc.) shall be removed not later than thirty (30) days after notice to
remove from the Authority. All shall be at no cost to the Authority.
12. Fire Fighting, Rescue, Security, and Towing. IRR shall be responsible to provide fire
fighting, rescue, security, and towing at the Airport. Neither Collier County, the Authority,
or any agency of Collier County shall have any obligations with regard to any such matters.
Services from the Collier County Sheriffs Agency and Collier County EMS shall be as
provided to any other entity. No extraordinary services shall be provided. "Rescue"
includes all emergency services that may be deemed to be reasonably needed by any person
associated with IRR
13. Fuel. Fuel shall be stored in containers that are approved by the Immokalee Fire District.
Said approval shall be in writing. Fuel shall be stored safely only in the area marked on
exhibit `B" of the Safety Plan. Fuel will be transported in an appropriately licensed transport
vehicle by a licensed fuel vendor.
14. Parking Area(s). IRR shall be responsible to ensure that no vehicles are parked in any area
that has not been authorized by the Authority in writing for parking any such vehicle. IRR
shall not less than one each week inspect all parking areas for any condition that might cause
any harm to any persons or property. Any such harm discovered by IRR shall immediately
be brought to the attention of the Airport Manager, or in his absence, the Executive Director
of the Authority. IRR shall be solely responsible for all matters related to the parking of
vehicles on the Airport whenever any such parking is affiliated with any activity of IRR or
the presence of IRR on the Airport. a .
3
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15. Public Stands, Security Sheds, Picnic Tables, Concession Stands, Kitty Play Area. Etc. IRR
shall be solely responsible for all matters related to all areas licensed for any use by IRR.
16. POLLUTION AND CONTAMINATION. IRR shall be responsible to fully clean up any
and all contamination of the Airport with fuel and/or any other pollutants that may be brought
onto the Airport by IRR. No such substance shall be brought onto the Airport without prior
written approval from the Executive Director of the Authority.
17. Use of Licensed Premises/Use of Name. IRR has inspected the Airport and approves the
same as being suitable for the uses intended by IRR. The IRR takes the Airport "as is." IRR
shall not use the airport for any unlawful, immoral,or illegal purpose.
18. Track Condition. IRR shall maintain the racetrack in a race-insurable, race-ready condition,
and at the termination of this Agreement shall return the racetrack to the Authority in a race-
insurable and race-ready condition.
19. Utilities. IRR shall pay for all of its utilities, including trash removal, at the Airport.
20. Alcoholic Beverages. No alcoholic beverages, including beer, shall be allowed at the
Airport. IRR can immediately have removed from the Airport any person who violates this
restriction. IRR shall post appropriate signs and other notices that state that alcoholic beverages
are prohibited at the Airport.
21. Real Property Taxes. At the time of execution of this Agreement, the Licensed premises are
not subject to real property taxes. IRR shall be responsible for the payment of any and all real
property taxes or other taxes which may be assessed on the licensed premises, including on any
and all improvements, and/or on this Agreement itself
22. Costs of Enforcement. In the event that is shall be deemed necessary by the Authority, at
any time, to institute legal action or proceeding for the enforcement of this Agreement or to
employ the County Attorney's Office and/or an outside attorney(s)-at-law for the purpose of
enforcing any terms of this Agreement, the prevailing party shall be entitled to recover all costs
and expenses incurred, including reasonable attorney's fees, through all proceedings, trials, and
appeals.
23. Authority's Right to Review Financial Statements. IRR shall provide upon request, on an
annual basis, and at no costs to the Authority, within sixty (60) days of IRR's receipt thereof,
IRR's financial statements pertaining to the Airport.
24. Media Rights. IRR shall have all motion picture, television, audio recording, video and other
media rights pertaining to all events that occur on the Licensed premises during the term of this
Agreement. IRR is entitled to all income pertaining to or derived from said rights including
income received by IRR subsequent to the termination of this Agreement.
4
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25. Venue. The exclusive venue for all actions arising from this Agreement shall be in Collier
County, Florida.
26. Notices. Any notice, statement, demand or other communication required or permitted to be
delivered or served or given by either party hereto to the other, shall be delivered or served or
given and shall be deemed to have been delivered or served or given if mailed in any general or
branch U.S. Posy Office, enclosed in a registered or certified envelope addressed to the
respective party as follows:
To the Authority: To the Licensee:
RTH Enterprises Inc. d/b/a
Immokalee Regional Raceway Collier County Airport Authority
P. O. Box 2023 2003 Mainsail Drive
Immokalee, FL 34142 Naples, FL 34114
27. Assignment. This Agreement shall not be assigned without the expressed written approval
of the authority.
IN WITNESS WHEREOF, the parties hereto have executed this BARE LICENSE
AGREEMENT on this day of April, 1999.
RTH ENTE '•:'RISES ► C. A DELEWARE CORPORATION D/B/A IMMOKALEE
REGION:. ' CEW:
By: / , , � 9
Date:
Tit e:
Print Name: X9104 /, /4c-
Witness: /(" 7•
Witness: `/vim kl41!)./e.7
In signing this document, the above individual warrants and certifies that he is a bonafide
representative of the Immokalee Regional Raceway and has full authority to obligate said RTH
Enterprises Inc. d/b/a Immokalee Regional Raceway a Deleware Corporation, of the provisions
agreed to herein.
COLLIER `I P' 'ORT AUTHORITY
•Approved: '\ Date: "`7
Airport Authority
Michael Williams, Chairman
5
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Witness:
'Witness:.
Printed name of Witness
Witness. GAIL D.NAIABRIGNT
.I lit Notary Public,State of Florida
My Comm. 19,2002�-e.." Comm.No.CC768562 as t C'l CXi
Printed name of WI ess
Approved as to form and legal sufficiency
- Ai A
Thom. C. Palmer
Assistant County Attorney
-END-
.
6
Packet Page -964-
2/11/2014 16.G.3.
IMMOKALEE REGIONAL RACEWAY SAFETY PLAN
1. The Immokalee Regional Raceway will meet or exceed each of the attached
International Hot Rod Association(IHRA)track requirements. See exhibit"A".
2. Immokalee Regional Raceway will provide security personnel for crowd control at
each race event. Security personnel will be posted at each access location to prevent
unauthorized person(s)from gaining access to the pit and track operation areas. See
exhibit`B".
3. Prior to commencing any racing activities the ImmokaIee Regional Raceway will
coordinate emergency response requirements with Immokalee Fire Department, The
Collier County Sheriffs Office, and Collier County EMS. This will include IRR
providing copies of this safety plan and visitation to the site by those agencies.
4. Twenty four hours Prior to each racing event IRR will inform each of the afore
mentioned agencies that races will be held.
5. IRR will have emergency communications capabilities at all times consisting of
telephones with backup cellular telephone for the purpose of reporting any emergency
to appropriate responding agencies.
Packet Page -965-
2/11/2014 16.G.3.
6. IRR will operate at all times within the parameters of an approved IHRA safety plan.
7. IRR will update this plan annually or as necessary due to operational or facility layout
changes.
Packet Page-966-
2/11/2014 16.G.3.
I Safety Plan—Exhibit "A"
Basic 1/8 Mile IHRA Weekly Track Requirements
.
1. Track must be at least 40'wide.
2. Track must be at least 1,800' long from starting line to end of paved surface. Sand trap
•
recommended.
3. Retaining walls must be double stacked guardrail or concrete wall at least 24'high from starting
line to at least 1,000 past finish line, and the entire length of the shutdown area on the return road
side of the track.
4. Must have adequate staging lanes.
5. Crowd control fence at least 4'high in any area spectators have access to pits, track or return
road. Spectator control fence must be at least 50'back from the track, from the 1/8 mile point
through the entire length of the shutdown area. In the area between the burnout box and the 1/8
mile, 25' is the minimum. See insurance regulations.
6. Perimeter pit fencing is mandatory and is recommended that it be used in conjunction with other
control fences. This will facilitate a measure of safety for the fans and racers as well as their
personal property.
7. All concession stands and rest rooms must meet all local Health Department rules and be
licensed by local Health Department.
8. Racing surface must be reasonably smooth.
9. Fifty pounds total fire fighting extinguishers on premises.
10. Must have seating capacity of at least 500 seats with adequate parking. Grandstands must be
state approved.
11. Must have pits to accommodate 1MC°racing rigs.
12. Must have timing tower.
13. Minimum insurance requirement: one million liability.
14. These minimums are for new track construction. Some consideration will be accepted for
existing tracks.
Packet Page -967-
2/11/2014 16.G.3.
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Packet Page-968-
2/11/2014 16.G.3.
FIRST AMENDMENT TO LICENSING AGREEMENT
BETWEEN COLLIER COUNTY AIRPORT AUTHORITY AND IMMOKALEE
REGIONAL RACEWAY,INC.
WHEREAS, the Collier County Airport Authority("Authority")has an agreement
with RTH Enterprises, Inc., a Florida Corporation, DB/A Immokalee Regional Raceway
("IRR")dated April 1, 1999 hereinafter referred to as the "Base Agreement".
NOW,THEREFORE, said Licensing Agreement is amended as follows:
1. Paragraph(10)ten is deleted in its entirety and is replaced with a new paragraph (10)
ten that reads as follows:
A. Commercial Operating Privilege Fee—Two Hundred($200)per year.
B. Commercial Activities Fee- $2,750 per month,plus applicable Florida taxes.
C. Advertising Fee—50%of gross revenues derived from advertising concessions
plus applicable Florida taxes.
D. Deposit- $ 5,000. Authority shall retain any interest accrued thereon.
2. Delete paragraph(4) four in its entirety and replace it with the new paragraph(4)
four that reads as follows:
A. IRR will be permitted to operate the specified uses in said operational area at the
Immokalee Regional Airport effective April 1, 2002 through March 31,2007.
B. This agreement may be terminated upon thirty(30) days written notice by either
party to the other without liability by either party. This agreement and the IRR
occupancy of said area shall always be at no cost to the Authority.
3. All other terms and conditions of the License Agreement remain in full force and
effect.
4. IRR shall construct a temporary Lime Rock Road per exhibit B attached hereto
and made a part hereof.
IN WITNESS THEREOF,the parties hereto have signed this first Amendment to
License Agreement this 11th day of March 2002.
ATTEST: COL ER CO Y AIRPORT AUTHORITY
L� By:
ohn H. Drury,A.A.E. Steve Price,Chairman
Executive Director
Gail Hambright
1
Packet Page -969-
2/11/2014 16.G.3.
RTH Enterprises Inc.,a Florida
Corporation,D :IA
Immokalee • : • al Rac- •'ay
By: j / • dir (L.S.)
•rp• ester,President
ATTEST to Mr.Hester's Signature:
Signed by Mr.Hester in the presence of:
Li .0
FIRST SS
L 30t-tt4- \tc- Re_t--(>16
Print/Type Name
- ITNESS-
Print/Type Name
Approval as to form and legal sufficiency:
Thomas C.Palmer,
Attorney for the Authority
7
Packet Page-970-