Agenda 10/25/2011 Item #16G110/25/2011 Item 16.G.1.
FYe/'nTrvR grlMMeeY
R mmanda n b apprmm a License Agreement with Me King Brothars Chew M the
Immokalee Arport for a one night avant.
OBJECTIVE: That the Board Of County Commissioners approves the ling Brother; Caws Site
ticanse Agreement In order to conduct a circus m the Immokalee Airport property.
CONSIDERATIONS: The King Bromers Cbau CUh ') has rNue use of a ponton of Ma
gmasedareaatthe Imnokalee AnpWinordarroconductaolrcusa MtabeheldfmonengM
on Novernber6, 2011.
The Aitpcd AMhoriy h agreed W aloes the Circus tO um a noe-aviagon pce n of to Airport
properly measuring 150' x200' plus an etljacent area for pariung ('Property'). The license
Agreement (Agreement) provides use of the Property for a twenty-kur hour period beginning at
midnight on November 5, 2011. The Circus shall as required to mien and pay all costs
associated wah permits required to Conduct this event The Circus has already preNtled the
Couny vin the required Lnbgity Insurance Polity naming the County as an edditbnal Insurai.
The Circus shall be allowed to use the onahe water guppy took -up, and is required to provide
antl pay for dumpatem and portable tavataries during the evert. no Circus is also requiretl to
contract ant pay fm security ancYce police for orovd anclor traffic control. The cost for use of
the properly is Flee Hundred Dollars (5500).
FISCAL IMPACT: The wage fee of Five Hundred Dollars (SSW) shag be depdoled Into the
Collier County Airport Authority Fund 495.
There is no impact to the Growth Man rgamew Plan.
RECOMMENDATKIN: net the Board of County Commbeionere approves Me Stated! King
Brothers Clras Site Lnanse Agreement.
SUBMITTED BY: Michael H. Doering, Swim Property Management Specialist:
FaclMas Management Deparo ent
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10/25/2011 Item 16.13.1.
^ COLLIER COUNTY
Baas of County Commissioners
Item Number:
16.61.
Item Summary:
Recommendation to approve a License Agreement with the King Brothers
Circus at the Immokalee Airport for a one night event.
Meeting Date:
10/25/2011
Prepared By
Name: BmcggemanDom
Title: Operations Coordinator Ari Aulhori y
10/6/2011 139:11 PM
Submitted by
Title'. Eeewwe Director -Airport Autbority,Airyun Authonty
Name CurryChria
^ 101 1:59:13 PM
Approved By
Name'. DowlingMichael
Title: Property Management Specialist, Senioclm ilities
Date: 100/2011 10:4459 AM
Name: CurryChris
Title: Executive Director- Airport Amhor,Alrpon Author
Da¢: 10/14/2011 11:58:34 AM
Name: Klatrkowle0'
Titles County Atlomey,
Date: 10/1420112:4850 PM
Name: Klalvkow]eR
Title: County Acumen,
Date : 10/1420113'.32'.31 PM
^ Name: Greenwalcupi
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10/25/2011 Item 16.G.1.
Title: ManagementBUGgu Analys40f ce of Managemem& 6 .—.
Date: 10 /14Q0114:3852 PM
Name KlatilmwJeff
Titles County Attomey,
Date: 10/14/20114:47:09 PM
Name: OchsLw
Titles Coonry Manage(
Dam 10/16/20114:53:13 PM
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10/25/2011 Item 16.G.1.
^ KING BROTHERS CIRCUS
SITE LICENSE AGREEMENT
By this License, United Circus Opemting Company. Inc., d/b /a The King Brothers Cirens,
herein called "Chins' and Collier County Airport Authority, whose nailing address is in care of
Airport Authority Director, 2005 Mainsail Drive, Suite 1, Naples, Florida 34114, herein called
the "Owrar," agrees as follows:
1. Owner hereby licenses real property in Collier County, Florida, described m a portion of the
open field at the Immokalee Airport, fuMe shown on the attached Exhibit W, hereinafter
referred to as "Property," for a circus engagement W be held no November 6, 2011. Circus
shall be allowed W enter upon the Property for a twenty-four hour period beginning
November 5, 2011 at midnight.
2. Circus shall be required to obtain and pay for all costs associated with any permit(s) that are
required for conducting this event. A copy of the permits) shall be defended W Owner,
along with the use fee sited below by or oo November 5, 2011,
3. Circus shall pay Owner Five Hundred Dollars ($500) by or on November 5, 2011, plus any
applicable sales and/or use tuxes for use fee of the Property.
^ 4. Circus may cancel this License upon 30 days written notice W Owner.
5. Circus shall keep the Property in a clean and orderly condition, and shall return the Property
In m good -as condition as when received, reasonable wear and tear expected.
6. Comer shall not license, lease or sublet the Properly to another circus, carnival or outdoor
uwnent of the same or similar nature from the date of mks License until 30 day after the
event date described above.
]. 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.
S. Circus shall provide diviner with a certificate of liability insurance providing a coverage limit
of $1,000,000 and naming Owmcr as an additional insured. Said certificate must be delivered
W Ovine, along with the Fourths) and use fee, by November 5, 2011. If the certificate is not
in the Owner's possession by the aforementioned date, the Owner shall have the right W
cancel the event without any prior notice.
9. Circus, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is
heeby acknowledged, shall indemnify, defend and hold brainless Owner, its agents and
employees from and against any and all liability (smmtmt or otherwise), damages, clause
sums, demands, judgments, costs, interest and expenses (including, but not limited to,
^ attorneys' fees and disbursements bath at trial and appellate levels) arising, already or
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10/25/2011 Item 16.G.1.
indirectly, from any injury to, or death of, any person or persons or damage to property -�
(including loss of use thereat) related to (A) Circus's use of the Progeny, (B) my work m
thing whataever done, or any condition created (other than by Owner, its employees, agents
or contractors) by or on behalf of Cletus in or about the Property, (C) my 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, purities 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, anomeys' fees, expenses and liabilities resulting therefrom and shall defend such
much or proceeding if Owner shall so request, at Circus's expense, by counsel reasonably
satisfactory to Own".
The Owner shall not be liable for any injury or damage to person or Property caused by to
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 concoction of any public or quasi - public works.
The (pitcher shall not be liable for my damages to or loss of, including lass due to petty theft,
my property on the Property or my part thereof, and the Circus agrees to hold the
Owner hmmless 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
NeProperty to the Ciron.
11. T1sls License shell be govemed 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 suite court of competent jurisdiction in Collin County .
Tae parties waive my right to a jury trial in an action or Marmots arising out of his
License.
12 The conduct of the Circus engagement shall be harbor the sole control of the Circus Owner
shall not bs responsible for the activities of to Cams 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 semrhy or police
protection for crowd author traffic control.
14. The Circus stall be allowed to wilUe water m Owner's Property without my chat to Circus.
15. At its and cost, the Circus shall be required b provide portable lavatories on the Property
during the event and remove said portable following the event.
16. At is sole cost, the Circus shell be required b contract and provide dump arrs on me Property
during its use of me Property.
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10/25/2011 Item 16.G.1.
r. 14 WITNESS WHEREOF, the panto have hereto executed this Licevse the day and year
fast above marten.
By:
wlTNess (aigvaare) EDWARD J. TOTH, President
(pant name)
WITNESS (signenae)
(Prntname)
1';�yyryk:1�a19.IWtA
Attest: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Cleric OF COLLIER COUNTY, FLORIDA, scrvivg as the
COLLIER COUNTY AIRPORT AUTHORITY
By: By:
, Deputy Clerk FRED W. COYLE, CHAIRMAN
App v n legal sumv'v cy:
JemeyA w,Ccunty Attorney
Y
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