Agenda 09/25/2012 Item #16G1 Proposed Agenda Changes
Board of County Commissioners Meeting
September 25,2012
Request to hear Item 10A immediately before Item 14A1. (Commissioner Hiller's request)
Add Item 10K: Consideration of impending vacancy on the Collier County Planning Commission for District 5
representative. (Commissioner Coletta's request)
Withdraw Item 11D: This is a quasi judicial hearing.This item requires that ex parte disclosure be
provided by Commission members and all participants are required to be sworn in. Recommendation to hear
testimony from American Medical Transport and the public to determine the need for an additional Class 2
post-hospital inter-facility transport ambulance transfer service in Collier County. (Applicant's request)
Withdraw Item 11E: Recommendation to approve the Site Improvement Plan and authorize the Chair to
sign the Compliance Agreement for Star Mobile Home Park located at 1507 Immokalee Drive,Immokalee,
Florida. (Staffs request on behalf of property owner)
Move Item 16A7 to Item 11J: Recommendation to accept a schedule to review past staff clarifications of the Land
Development Code(LDC)and to accept specific Staff Clarifications attached to this Executive Summary.
(Commissioner Hiller's request)
Add Item 11K: Recommendation to continue the Fiscal Year 2012 Pay and Classification Plan for the Board of
County Commissioners and Office of the County Attorney into Fiscal Year 2013,allowing for final revisions to the
proposed Fiscal Year 2013 plan which will be brought forward for consideration at the Board meeting of October 9,
2012. (Staffs request)
Withdraw Item 16C1: Recommendation to approve a time and materials contract with Agnoli Barber&Brundage
in the not-to-exceed amount of$243,631 for Request for Proposal No. 12-5883, "Master Pumping Station 312
Professional Services During Construction," Project Number 72549. (Staffs request pending resolution of a bid
protest)
Continue Item 16D5 to the October 9,2012 BCC Meeting: Recommendation to accept the Conservation Collier
Annual Report. (Staffs request)
Continue Item 16D6 to the October 9,2012 BCC Meeting: Recommendation to approve and authorize the
Chairman to execute a Resolution repealing Resolution No.2009-296 and a Resolution establishing a revised
Collier County Public Library Fees and Fines Schedule. (Staffs request)
Move Item 16D9 to Item 1IL: Recommendation to comply with a Housing and Urban Development(HUD)
payback disbursement directive of federal funds in the amount of$500,000 for a Community Development Block
Grant(CDBG) project subawarded to Habitat for Humanity(HFH)and authorize any necessary budget
amendments. (Commissioner Hiller's request)
Withdraw Item 16G1: Recommendation to approve a License
Agreement with United Circus Operating Co., Inc. d/b/a The Kings Bros
Circus at the Immokalee Airport for a one (1) day circus event. (Staff's
request)
Proposed Agenda Changes
Board of County Commissioners Meeting
September 25,2012
Page 2
Withdraw Item 17C: Recommendation to adopt proposed changes to Ordinance No.91-65,of the
Affordable Housing Advisory Committee Ordinance to incorporate statutory requirements and otherwise
clarify terms. (Staffs request)
Note:
Item 16D2: The second sentence in the Considerations section of the Executive Summary should read: "Per
Florida Statutes subsection 39.304(5),the parents,legal guardians,or legal custodians are required to reimburse the
County for the costs of such initial allowable examinations". (Staffs request)
Time Certain Items:
Item 9B to be heard at 5:05 p.m. (Bayshore Triangle CRA Amendments and Wellfield and related Amendments)
Item 10I to be heard at 1:05 p.m.
Item 11C to be heard at 10:00 a.m.
Item 12A to be heard at 11:30 a.m.
Item 12B to be heard at 12:00 noon in a Closed Session
Item 12C to be heard at 1:00 p.m. in an Open Session
9/25/2012 9:39 AM
9/25/2012 Item 16.G.1 .
EXECUTIVE SUMMARY
Recommendation to approve a License Agreement with United Circus Operating Co., Inc. d/b/a
The Kings Bros Circus at the Immokalee Airport for a one(1) day circus event.
OBJECTIVE: That the Board of County Commissioners approves the United Circus Operating
Co., Inc. d/b/a The Kings Bros Circus Site License Agreement in order to conduct a circus at the
Immokalee Airport property.
CONSIDERATIONS: The United Circus Operating Co., Inc. d/b/a The Kings Bros Circus
("Circus") has requested use of a portion of the grassed area at the Immokalee Airport in order to
conduct a circus event to be held on October 7, 2012.
The Airport Authority has agreed to allow the Circus to use a non-aviation portion of the Airport
property measuring approximately 200' x 200' plus an adjacent area for parking (`Property').
The License Agreement (Agreement) provides use of the Property for a twenty-four (24) hour
period beginning at midnight on October 7, 2012. The Circus shall be required to obtain and pay
all costs associated with permits required to conduct this event. The Circus has already provided
the County with the required Liability Insurance Policy naming the County as an additional
insured. The Circus shall be allowed to use the on-site water supply hook-up, and is required to
provide and pay for dumpsters and portable lavatories during the event. The Circus is also
required to contract and pay for security and/or police for crowd and/or traffic control. The cost
for use of the property is Five Hundred Dollars ($500).
FISCAL IMPACT: The usage fee of Five Hundred Dollars ($500) shall be deposited into
Collier County Airport Fund 495.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office, is legally sufficient for Board action and only requires a majority vote for
approval—SRT.
RECOMMENDATION: That the Board of County Commissioners approves the attached
United Circus Operating Co., Inc. d/b/a The Kings Bros Circus License Agreement and authorize
its Chairman to sign the agreement..
SUBMITTED BY: Chris Curry, Executive Director, Airport Authority
Attachments: Site License Agreement
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9/25/2012 Item 16.G.1 .
•
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.G.1.
Item Summary: Recommendation to approve a License Agreement with United Circus
Operating Co., Inc. d/b/a The Kings Bros Circus at the Immokalee Airport for a one (1) day circus
event.
Meeting Date: 9/25/2012
Prepared By
Name: BrueggemanDebra
Title: Operations Coordinator,Airport Authority
9/13/2012 12:55:42 PM
Submitted by
Title: Executive Director-Airport Authority,Airport Authority
Name: Curry Chris
9/13/2012 12:55:44 PM
Approved By
Name: Curry Chris
Title: Executive Director-Airport Authority,Airport Authority
Date: 9/13/2012 4:27:18 PM
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 9/13/2012 4:51:41 PM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management&B
Date: 9/14/2012 8:44:48 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 9/14/2012 10:27:07 AM
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9/25/2012 Item 16.G.1.
Name: OchsLeo Ato
Title: County Manager
9/15/2012 3:20:11 PM
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9/25/2012 Item 16.G.1 . -
KING BROTHERS CIRCUS
SITE LICENSE AGREEMENT
By this License, United Circus Operating Company, Inc., d/b/a The King Brothers Circus,
herein called"Circus" and 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"Owner,"agrees as follows:
1. Owner hereby licenses real property in Collier County,Florida, described as a portion of the
open field at the Immokalee Airport, further shown on the attached Exhibit `A', hereinafter
referred to as"Property,"for a circus engagement to be held on October 7,2012. Circus shall
be allowed to enter upon the Property for a twenty-four hour period beginning October 7,
2012 at midnight.
2. Circus shall be required to obtain and pay for all costs associated with any pennit(s)that are
required for conducting this event. A copy of the permit(s) shall be forwarded to Owner,
along with the use fee stated below by or on October 7,2012.
3. Circus shall pay Owner Five Hundred Dollars ($500) by or on October 7, 2012, plus any
applicable sales and/or use taxes for use of the Property.
4. Circus may cancel this License upon 30 days written notice to Owner.
5. Circus shall keep the Property in a clean and orderly condition, and shall return the Property
in as good-as condition as when received,reasonable wear and tear expected.
6. Owner shall not license, lease or sublet the Property to another circus, carnival or outdoor
amusement of the same or similar nature from the date of this License until 30 day after the
event date described above.
7. Circus may operate all exhibitions, sideshows and concessions with adjacent parking on the
property and shall retain all revenue derived from any such operation. Circus may
photograph,exhibit and use the Property for Circus purposes in all media.
8. Circus shall provide Owner with a certificate of liability insurance providing a coverage limit
of$1,000,000 and naming Owner as an additional insured. Said certificate must be delivered
to Owner, along with the permit(s) and use fee, by September 14, 2012. If the certificate is
not in the Owner's possession by the aforementioned date, the Owner shall have the right to
cancel the event without any prior notice.
9. Circus, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is
hereby acknowledged, shall indemnify, defend and hold harmless Owner, its agents and
employees from and against any and all Iiability (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
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• —.-- ____ 9/25/2012 Item 16.G.1 .
indirectly, from any injury to, or death of, any person or persons or damage to property
(including loss of use thereof) related to (A) Circus's use of the Property, (B) any work or
thing whatsoever done,or any condition created(other than by Owner, its employees, agents
or contractors) by or on behalf of Circus in or about the Property, (C) any condition of the
Property due to or resulting from any default by Circus in the performance of Circus's
obligations under this License, or(D) any act, omission or negligence of Circus or its agents,
contractors, employees, subtenants, licensees, invitees or patrons. In case any action or
proceeding is brought against Owner by reason of any one or more thereof, Circus shall pay
all costs, attorneys' fees, expenses and liabilities resulting therefrom and shall defend such
action or proceeding if Owner shall so request, at Circus's expense, by counsel reasonably
satisfactory to Owner.
The Owner 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 Owner 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 Circus agrees to hold the
Owner harmless from any claims for damages, except where such damage or injury is the
result of the gross negligence or willful misconduct of the Owner or its employees.
10. Owner warrants that it is the owner of the Property and has full right and authority to license
the Property to the Circus.
11. This License shall be governed by the laws 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 competent jurisdiction in Collier County.
The parties waive any right to a jury trial in an action or proceeding arising out of his
License.
12. The conduct of the Circus engagement shall be under the sole control of the Circus. Owner
shall not be responsible for the activities of the Circus on the Property. Circus shall comply
with all governmental laws and regulations enforced for the performance of this event.
13. At its own cost,the Circus shall be responsible for contracting any type of security or police
protection for crowd and/or traffic control.
14. The Circus shall be allowed to utilize water on Owner's Property without any cost to Circus.
15. At its sole cost, the Circus shall be required to provide portable lavatories on the Property
during the event and remove said portable following the event.
16. At is sole cost,the Circus shall be required to contract and provide dumpsters on the Property
during its use of the Property.
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--- 9/25/2012 Item 16.G.1 .
IN WITNESS WHEREOF,the parties have hereto executed this License the day and year
first above written.
AS TO CIRCUS:
By:
EDWARD J.TOTH,President
WITNESS(signature)
(print name)
WITNESS(signature)
(print name)
AS TO THE OWNER:
Attest: BOARD OF COUNTY COMMISSIONERS
DWIGHT E.BROCK, Clerk OF COLLIER COUNTY.FLORIDA,serving as the
COLLIER COUNTY AIRPORT AUTHORITY
By: By:
, Deputy Clerk FRED W.COYLE, CHAIRMAN
Approved as to form and legal suffici
Scott R.Teach,Deputy County Atto •
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9/25/2012 Item 16.G.1 .
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