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Agenda 04/26/2011 Item #16G1 Agenda Changes Board of County Commissioners Meeting April 26, 2011 Withdraw Item 10E: This item continuedfrom the April 12, 2011 BCC Meeting. Request to reconsider the award of RFP 10-5450 - Asphalt Roadway, Concrete, Curb, Sidewalk and Driveway Installations. (Estimated annual expense is $2,000,000). (Staff's request based on the need for more time to reach an acceptable resolution with the Clerk and the County Attorney) Move Item 16F3 to Item 10H: Recommendation to approve a budget amendment in the amount of $25,000 together with a Memorandum of Understanding (MOU) implementing the Board's direction to provide funding to the Early Learning Coalition of Southwest Florida, Inc. (Coalition) (Commissioner Coyle's request) Move Item 16A5 to Item 101: Recommendation to accept a Speed Limit Study Report and adopt a Resolution of the Board of County Commissioners authorizing a speed limit increase from thirty miles per hour (30 mph) to thirty-five miles per hour (35 mph) on Vanderbilt Drive from 500 feet south to 500 feet north of the Big Horse Pass Bridge (Bridge No. 30176) at a cost of approximately $200. (Commissioner Hiller's request) MOVE ITEM 16Gl TO ITEM 13A: RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS (BCC), ACTING AS THE AIRPORT AUTHORITY, APPROVE AND AUTHORIZE THE CHAIRMAN TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE AIRPORT AUTHORITY AND COLLIER COUNTY PARKS AND RECREATION DEPARTMENT FOR THE USE OF APPROXIMATELY 305,000 SQUARE FEET AT THE IMMOKALEE REGIONAL AIRPORT FOR PASSIVE RECREATIONAL PURPOSES. (COMMISSIONER HILLER'S REQUEST) Time Certain Items: Item lOG to be heard at 11:00 a.m. Item 9B to be heard at 11 :30 a.m. Item 10D to be heard at 1:00 p.m. 4/26/2011 9:06 AM . . . 4/26/2011 Item 16.G.1. EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners (BCC), acting as the Airport Authority, approve and authorize the Chairman to execute the attached Memorandum of Understanding between the Airport Authority and Collier County Parks and Recreation Department for use of approximately 305,000 square feet at the Immokalee Regional Airport for passive recreational purposes and terminate the 2007 Consent to Use Agreement. OBJECTIVE: To obtain approval of a Memorandum of Understanding (MOD) to permit Collier County Parks and Recreation Department to use approximately 305,000 square feet at the Immokalee Regional Airport for passive recreational purposes. CONSIDERATIONS: On July 29, 2007, the Airport Authority entered into a Consent to Use Agreement with Collier County, through its Parks and Recreation Department. That agreement allowed recreational uses and temporary short-term activities, such as festivals, charitable events, and concerts to be attended by large groups of persons, to take place on an undeveloped portion of the Immokalee Regional Airport adjacent to an existing County park. The parties desire to terminate the 2007 agreement, and reestablish and continue the rights and obligations of the parties set forth in the 2007 agreement in a manner compliant with current Federal Aviation Administration regulations. The use of the specified area of the Airport by Collier County Parks and Recr,eation Department will not adversely affect development, improvement, operation or maintenance of the Airport. In addition, the new agreement provides that other County Departments and Community Organizations may use. the property for special events in compliance with FAA regulations. The Authority Fee Schedule will be used to detemllne applicable rates for each event. ADVISORY BOARD RECOMMENDATION: At the April n, 2011 meeting, the Airport Advisory Board voted unanimously to recommend approval of the attached Memorandum of Understanding between the Airport Authority and Collier County Parks and Recreation Department. FISCAL IMPACT: None. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, requires majority vote, and is legally sufficient for Board action. - CMG GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with the Executive Summary. RECOMMENDATION: That the Board of County Commissioners, acting as the Airport Authority, approve and authorize its Chainnan to execute the attached Memorandum of Understanding between the Airport Authority and Collier County Parks and Recreation Department for the use of approximately 305,000 square feet at the Immokalee Regional Airport for passive recreational purposes and terminate the 2007 Consent to Use Agreement. PREPARED BY: Chris Curry, Executive Director, Airport Authority Packet Page -1301- . . . 4/26/2011 Item 16.G.1. COLLIER COUNTY Board of County Commissioners Item Number: 16.G.1. Item Summary: Recommendation that the Board of County Commissioners (BCC), acting as the Airport Authority, approve and authorize the Chairman to execute the attached Memorandum of Understanding between the Airport Authority and Collier County Parks and Recreation Department for use of approximately 305,000 square feet at the Immokalee Regional Airport for passive recreational purposes. Meeting Date: 4/26/2011 Prepared By Name: BrueggemanDebra Title: Operations Coordinator, Airport Authority 4/12/2011 2:38:03 PM Submitted by Title: Executive Director - Airport Authority,Airport Authority Name: CurryChris 4/12/2011 2:38:04 PM Approved By Name: CurryChris Title: Executive Director - Airport Authority,Airport Authority Date: 4/14/2011 2:27:24 PM Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 4/18/2011 9:48: 11 AM Name: GreenwaldRandy Title: ManagementlBudget Analyst,Office of Management & B Date: 4/18/201110:01:56 AM Name: KlatzkowJeff Title: County Attorney, Packet Page -1302- . . . 4/26/2011 Item 16.G.1. Date: 4/18/2011 4:31:30 PM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 4/19/2011 11:46:15 AM Packet Page -1303- I ~' . .0 04/26/2011 Item 16.G.1. " . . :~; MEMORANDUM OF UNDERSTANDING o i This Memorandum of Understanding is made and entered into this _ of 2011, between the Board of COUllty Commissioners of Collier County, Florida, acting in its capacity as the Collier County Airport Authority, (hereinafter referred to as the "Authority") and Collier County, a political subdivision of the State of Florida, operating through its Parks and Recreation Department (hereinafter referred to as "County"), collectively stated as the "Parties." -" " .~ ..." :: ',J RECITALS WHEREAS, Collier County, Florida, has leased to the Authority certain real property comprising the Immokalee Regional Airport located in Immokalee, Florida; and WHEREAS, the Authority is responsible for the development, operation and maintenance of the Immokalee Regional Airport; and WHEREAS, on July 29, 2007, the Authority entered into a Consent to Use Agreement with the County, through its Parks and Recreation Department, relating to an undeveloped portion of the Immokalee Regional Airport property, adjacent to an existing County park, which allowed recreational uses, including, but not limited to, passive recreational uses and temporary short-term activities such as festivals, charitable events, and concerts to be attended by large groups of persons; and WHEREAS, the Parties desire to terminate theo2007 agreement; and WHEREAS, the intent of this Memorandum of Understanding is to reestablish and 00 continue the rights and obligations of the Parties set forth in the 2007 agreement in a manner compliant with current Federal Aviation Administration ("FAA") regulations. o , '. i o .j 00 , ":~ - :', .;: WITNE 55 ETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the Parties, and in consideration of the covenants contained herein, the parties agree as follows: -, .,~ Page I of5 . .:i O. 0 Packet Page -1304- 4/26/2011 Item 16.G.1. "l 1 . ....:1 I ! 1. Use of Park Property. . . a. The Authority hereby consents to the County using that portion of the lmmokalee Airport Property &~scribed in Exhibit teA" (approximately 305,000 square feet) ("Airport Viewing Area") for passive recreational purposes and for attendance by large group activities, ~uch as outdoor concerts, festivals, charitable functions, and the like. The County m~y usc the property tor temporary parking of vehicles, to the extent needed during the respective large group event. b. Use of the Airport Viewing Area shall be'on an "as.needed basis" ~hereby, upon request, and subjec~ to approval of the Airport Authority, the County may grant such permission through the issuance of a permit. All permits shall be subject to review by the FAA. .. "! c. The Authority shall control the use of the property. ., '.; : :! d. In the event the County charges admission fees or parking fees, said fees shall be consistent with a Fee Schedule established by the Airport Authority for such purpose. e. The County shall not place, erect or install any permanent building, trees, structure or fixture within the Airport Viewing Area It is agreed that temporary or pennanent fencing may be relocated or installed on the property subject to approval by the Airport Authority at least 90 days in advance to the extent necessary to secure the Airport Property against entry from .lhe Airport Viewing Area, and other removable things such as, but not limited ..' .. to, park benches and picnic tables. Also, a<;phalt, cement or other improved pedestrian sidewalks and/or bicycle pathways are anticipated and are not prohibited permanent structures or fixtures. f. The County shall not use the Airport Viewing Area in a manner that will interfere with or disrupt operation and/or maintenance of the Airport. It is the intention and firm belief of the Parties that the County's proposed use of the Airport Viewing Area as described above, anc~ in accordance with the terms of this Agreement, will not materially or adversely affect development, improvement, operation or maintenance of the Airport. The Authority may charge a reasonable fee for County departments and Community Organizations to use the property. The fee will be consistent with the Authority Fee Schedule. Par~s and Recreation will be charged a fee but will receive credit for the in-kind services provided to the Authority. 2. Property Maintenance. The Immokalee Regional Airport wili maintain the Airport Viewing Area during the term' of this Agreement including, but not limited to, maintenance of all vegetation, exotics removal, if required, mowing of grass, maintenance of all improvements permitted hereunder, 'including fencing and debris removal, and the County shall administer the events tha(are to occur at the Airport Viewing Area. . Page 2 of5 Packet Page -1305- 4/26/2011 Item 16.G.1. ~ .: Utermination of This Agreement. " This Agreement may be terminated upon thirty (30) days written notice if the property is required by an aeronautical user to meet aeronautical demand or is determined to have a more valuable use as determined by the Authority. Should the Authority exercisc this right, Tenant will be given three (3) months to vacate the premises and remove all of its improvements and fixtures. .,,; I .~ <"j 4. Notices; Large Group Events or Otherwise. The Count)' agrees to deliver written notice to the Authority no less than thirty (30) days prior to each large group event (more than 300 attendees expected). Any notice or other communication to be given to any party under this Agreement shall be in writing and shall be delivered bye-mail, facsimile or by hand delivery. If mailed, the notice should be addressed as follows (or to the addressee's other then applicable mailing address): .iJ "'~;~ ". '. . ;!:~: ::" If to the County: If to the Authority: ," : .~; ""0 Director Collier County Parks and Recreation 15000 Livingston Road Naples Florida 34109 Executive Director Collier County Airport Authority Marco Island Executive Airport 2005 Mainsail Drive, Suite 1 Naples, Florida 34114 " " .~.~. ", . s. Airport Security. The remainder Airport Property (exclusive of the Airport Viewing Area) must always remain secure against entry by individuals and/or vehicles not authorized by the Airport Manager~ the Authority or its Executive Director. The County agrees to cooperate with the Authority in location of existing fencing andlor additional fencing, to physically separate and to secure the Airport Property from the Airport Viewing Area during the term of this Agreement and to the extent deemed necessary by the Authority, its Executive Director or by the Airport Manager. The County shall make all reasonable efforts to prevent entry of individuals and vehicles onto the remainder Airport Property during each large group event. The Authority, at its option, may require submittal by the County of all planned security mea'iures prior to each such event (to enable the Airport Manager or the Executive Director to determine whether the planned event might interfere with any concurrent in time use of the Airport~ such as a fly-in, etc). " "::!" "j . '! ":f ,~; 6. Sigoage. The County reserves the right to utilize the southern and westerly portion of the Airport Viewing Area immediately adjacent to the roadway for purposes of erecting, repairing and maintaining signagc. No signage will be permitted on Airport property without prior approval and must be requested at least ninety (90) days in advance. Signage must also be approved in accordance with local, state and federal laws, as then applicable. The Authority in conjunction with FAA coordination will approve such signage requested by the County in writing. :,: .;1 -, '\'- ." ":, - Page 3 of S Packet Page -1306- 4/26/2011 Item 16.G.1. - 7. Indemnificatlbn. a. The use of the Airport Viewing Area shall be at the sole risk and expense of the County. b. The Authority is hereby relieved of any responsibility for any and all damages or losses resulting, directly or indirectly, from all use of the Airport Viewing Area. TIle Authority makes no representations as to the titness of the Airport Viewing Area for any use or with regard to its physical condition. The County accepts the Airport Viewing Area "as is." To the greatest extent then pemlitted by law, the County agrees to indemnify and hold the Authority harmless from all losses, damages or injuries whatsoever arising directly or indirectly from this Ab'Teement or use of the Airport Viewing Area. However, nothing in this Agreement shall be construed to be any waiver by the County or by the Authority, or otherwise, of all then existing protections of sovereign immunity, including Section 768.28. Florida Statutes, and/or any other then applicable law. 8. Severability.. Should any provision of this Agreement be determined by a court of competent jurisdiction to be illegal or in conflict with any applicable law, the validity of the remaining provisions shall not be impaired to the greatest extent legally possible. 9. No Third Party Beneficiaries. Nothing herein shall be construed to be a consent by either Party to be sued by third parties in any mattcr arising out of this Agreement, and no third party shall have any right, privilege or any standing whatsoever with regard to this Agreement of any use of, or existence of, the Airport Viewing Area, or otherwise. 10. No Assignment or Transfer. As a matter of Florida law this Memorandum of Agreement is solely to the benefit of thc County and cannot be assigned or otherwise transferred by the , ': County or by tre Authority, and any such attempt shall be void ab initio. AS TO THE AUTIIORlTY: A TrEST: . DWIGHT E. BROCK, CLERK ' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA IN ITS CAPACITY AS THE COLLIER COUNTY AIRPORT AUTIIORlTY By: By: FRED W. COYLE, CHAIRMAN , Deputy Clerk Page 4 of 5 !-. .:.. Packet Page -1307- .' '. ,,' . . :'.!! -j -' . ..:~ 0: .: .: :'.1 .,i '.,1 . . ~ AS TO THE COUNTY: ATTEST: DWIGHT E. BROCK, CLERK By: , Deputy Clerk 10.0016/6 4/26/2011 Item 16.G.1. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHAIRMAN Page 5 of' 5 Packet Page -1308- ~;~ilt;1i~iIf~~!\;}W~~~Z~~~~'t~>~~:..~. ';-'~ ~:.. . ::"".~.;:~' ::~::;~i.~:r~-..o::0i;~:"i~~~1;r:;: ~';'-~T~~~.': -. _. - . -~'..:'~."'" -.:..- 4/26/2011 Item 16.G.1. ..~,J _'-I- .J ..~:\-~ ':..'....; Exhibit A " '.' _'.J~~ , ; ',' .-==-tJ:- :.: . .' ~'--' : '. ,,' -" - '., '-'. '~; .'" ~~f~~~~'" .- ~~ 1-'~-. ~:., .- -, ..... _ ..._;'~;:~~:':=::~ . :_:~L_ '.. ,:~ :,,:(~~~~~~,'~~ -: '~' ':..;i :'~,;'~~::t~~;' ~ ' .'-:~ '.~ ~~. .' <:"" ~ ..~. ". '. ::,. ( ,"~'-''-:- .~~~. - ;:: ':;;,>;~?!:,~,:ti~' J~!6~~~ ~-.?l1" '~D:-- _: IZ-.-~< " ,," '. ...... '~1 ;'-';, ,;.. j- -. " r ,~ ", '::J.,' . '1- { Packet Page -1309- ~!i!n~ ",;..,& :.ft,', .. :C1~j' .>l, ' ;..1,: n'i,' 'I -'t~ .!:J :. i. 1,,- II ~ I,", " '~f;:' ',,=. "_". . .t - .: .. ~.~. c' . .~ . . f;:; 1_ _;f"".i.:" .. ,I'-:"' . 'iii :I: r- X ,W ~ ~, <: , '0.. ..~., " ,:~, .~~~- .'r ,,':~',:.' ", . . ''f~'-. 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