Agenda 12/11/2012 Item #16E 612/11/2012 Item 16.E.6.
�. EXECUTIVE SUMMARY
Recommendation to approve and execute a Fourth Amendment to Lease Agreement
Between Collier County and Collier County Fair and Exposition, Inc., to provide
clarification for events to be conducted at the Fairgrounds.
OBJECTIVE: To outline the annual events conducted by the Collier County Fair and
Exposition, Inca (' Fairboard') at the County -owned property known as the Fairgrounds in order to
reduce community concerns at that location.
CONSIDERATION: Since 1986, the Fairboard has leased approximately 68 acres of vacant
land from the County for the operation of annual fairs and other fundraiser events which solely
benefit the community.
The original Lease Agreement dated November 10, 1986 did not include a list of specific events
that would be held annually at the fairgrounds. However, the attached Fourth Amendment to
Lease Agreement ('Amendment') lists the _ Annual Events, Long -term Sub - leases, and
Temporary Use Permit Events. The Amendment also addresses the limitation on amplified
sound at the fairgrounds as well as the shared cost for any maintenance to the sign at the
property.
According to Article 1 of the Lease Agreement, the purpose of the use of the subject property is
for the purpose of the operation of a fairground facility and should be considered a recreational
facility by the Community Development Division of Collier County (now known as the Growth
Management Division (GMD).
The approved uses at this location are outlined in the Orangetree PUD Agreement and include
recreational activities. Within the Settlement and Zoning Agreement related to the property's
conveyance to Collier County in 1986, Article 4.06 also allows the property to be used for 'civic
and cultural facilities,' Article 7.02 allows 'recreational shelters and restrooms, Collier County
Fair Grounds, other recreational, athletic or open space activity and park and ride facilities.' All
of the annual events listed on the attached Fourth Amendment to Lease Agreement are
consistent with these approved uses.
The Amendment has been reviewed by the Growth Management Division and the Office of the
County Attorney.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary.
GROWTH MANAGEMENT: There is no growth management impact.
LEGAL CONSIDERATION: The attached Fourth Amendment to Lease Agreement has been
reviewed by the County Attorney, is legally sufficient, and requires majority support for approval.
JAK
RECOMMENDATION: That the Board of County Commissioners approves the attached Fourth
Amendment to Lease Agreement with Collier County Fair and Exposition, Inc., and authorizes
the Chairman to execute the Amendment.
PREPARED BY: Michael Dowling, Senior Property Management P rtY ement 9 Specialist, Real Property
Management, Facilities Management Department
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12/11/2012 Item 16.E.6.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.6.
Item Summary: Recommendation to approve and execute a Fourth Amendment to Lease
Agreement Between Collier County and Collier County Fair and Exposition, Inc., to provide
clarification for events to be conducted at the Fairgrounds.
Meeting Date: 12/11/2012
Prepared By
Name: DowlingMichael
Title: Property Management Specialist, Senior,Facilities
11/16/2012 12:22:43 PM
Submitted by
Title: Property Management Specialist, Senior,Facilities
Name: DowlingMichael
11/16/2012 12:22:46 PM
Approved By
Name: pochopinpat
Title: Administrative Assistant,Facilities Management
Date: 11/30/2012 8:18:32 AM
Name: MottToni
Title: Manager - Property Acquisition & Const M,Facilitie
Date: 11/30/2012 12:07:30 PM
Name: CampSkip
Title: Director - Facilities Management,Facilities Manage
Date: 11/30/2012 1:54:35 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 11/30/2012 3:03:19 PM
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Name: PriceLen
Title: Administrator, Administrative Services
Date: 11/30/2012 3:41:37 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 11/30/2012 4:24:19 PM
Name: PryorCheryl
Title: Management/ Budget Analyst, Senior,Office of Manag
Date: 11/30/2012 4:33:29 PM
Name: OchsLeo
Title: County Manager
Date: 12/1/2012 3:02:09 PM
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12/11/2012 Item 16.E.6.
12/11/2012 Item 16.E.6.
Lease # 653
FOURTH AMENDMENT TO LEASE AGREEMENT
BETWEEN COLLIER COUNTY AND
COLLIER COUNTY FAIR AND EXPOSITION, INC.
This FOURTH AMENDMENT TO LEASE AGREEMENT is entered into this 11 `h day
of December, 2012, by and between Collier County (`=County ") and the Collier County Fair and
Exposition, Inc., f/k/a the Collier County Fair and Agricultural Exposition, Inc. ( "Lessee ").
WHEREAS, the parties entered into a Lease Agreement dated November 10, 1986, as
amended January 16, 1990, December 18, 1990, and May 5, 1.998, hereinafter collectively
referred to as `Lease Agreement;' and
WHEREAS, the Lease Agreement did not specify the approved uses for the demised
premises, which has led to community concerns as to the propriety of the events being conducted
at the Fairgrounds; and
WHEREAS, the County and Lessee desire to amend the Lease Agreement to help bring
certainty to this issue and lessen community concerns.
NOW, THEREFORE, the County and Lessee agree that the Lease Agreement shall be
amended as follows:
1. In addition to operating the Collier County Fair, the approved uses for the demised
premises shall be as follows:
A. Annual Events (Limited to a one -time event each year, unless in conjunction with
County Fair. Lessee shall be required to apply, obtain and pay all fee(s) for any
County permits necessary in order to conduct the events listed below, unless
otherwise noted):
Boy Scouts Rocket Day (no permit required)
Country Jam
Demolition Derby
Parking for off -site Special Events such as TMn Eagles Golf Tournaments (no permit
required)
Rodeo and Associated Arena Events
Sheriff's Office Sponsored: Junior Deputy Day (no permit required)
Haunted Walk (Open to the public)
Annual BBQ Cook -off
Any other event first approved by the Board of County Commissioners.
B. Long -term Sub- Leases:
Collier County Emergency Debris Collection Site
FPL Emergency Staging Area
�. Model Airplane Club
Motorcycle Riding School
Any other sublease first approved by the Board of County Commissioners.
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12/11/2012 Item 16.E.6.
Lease # 653
C. Temporary Use Permit Events (Lessee shall be required to apply, obtain and pay all
fee(s) for any County permits necessary in order to conduct the events listed below,
unless otherwise noted):
Seasonal Sales including Christmas trees (up to 5 weeks and counted as I event)
Pop Warner Football Awards Party or similar Special Events
Flea Market
Collier County School District Field Trips (no permit required)
Collier County Fire Districts' Training (no permit required)
Collier County Sheriff's Office Training (no permit required)
Birthday and Wedding Celebrations
Fundraisers
Lessee shall also be granted the right to conduct temporary uses at the Fairgrounds,
such as, but not limited to, the above- listed Temporary Use Permit Events by way of the Collier
County Temporary Use Permit process, which will allow the Lessee to conduct additional events
at the Fairgrounds, by applying, obtaining and paying the required fees for the Temporary Use
Permits for each event, which the total number of days permitted shall be twenty -eight (28).
2. Except for the annual County Fair, no amplified sound or music is permitted after 10
p.m. on Fridays and Saturdays or 7 p.m. on Sundays through Thursdays.
3. The following provision shall be added to Article 8 (Maintenance):
The existing marquee - styled sign is the property of the County, and the County and the
Lessee shall equally share the cost of any repair, maintenance or replacement of the sign
throughout the life of this Lease.
4. Article 14 (Notices) is amended to read:
Any notice, request, demand, instruction or other communication to be given to either
party hereunder, shall be in writing, sent by facsimile with automated confirmation or receipt, or
by email with automated confirmation or read receipt, or by registered or certified mail, return
receipt requested, postage prepaid, transmitted or addressed as follows:
If to County: Real Property Management
3335 East Tamiami Trail, Suite 101
Naples, Florida 34112
Attention: Collier County Leasing Specialist
Telephone: 239 -252 -8743
Facsimile: 239- 252 -8876
Email: michaeldowlingCatcolliereov.net
If to Lessee: Collier County Fair and Exposition, Inc.
751 39th Avenue NE
Naples, FL 34120
Telephone:. (239) 455 -1444
Facsimile: (239) 455 -6701
Email: office@colliercountvfair.com
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12/11/2012 Item 16.E.6.
Lease # 653
�— 5. All other provisions contained in the Lease Agreement dated November 10, 1986, as
amended, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and
.seals..
AS TO THE COUNTY:.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By; By:
Deputy Clerk FRED W. COYLE, CHAIRMAN
AS TO THE LESSEE: COLLIER COUNTY FAIR AND EXPOSITION,
INC.
By:
Witness (signature)
(print name) (Print Name and Title)
Witness (signature)
(print name)
M.-IMNEM
J
and legal sufficiency:'
, County Attorney
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