Agenda 05/25/2010 Item #16K 1
Agenda Item No. 16K1
May 25, 2010
Page 1 of 12
EXECUTIVE SUMMARY
Recommendation to approve the attached draft ordinance creating the Marco Island
Museum Advisory Board to report to the Board of County Commissioners and to specifically
review management and policy issues pertaining to the Marco Island Museum and to direct
the County Attorney to advertise the ordinance for approval at a future Board meeting date.
OBJECTIVE: For the Board of County Commissioners ("Board") to approve the attached draft
ordinance creating the Marco Island Museum Advisory Board to report to the Board and to
specifically review management and policy issues pertaining to the Marco Island Museum and to
direct the County Attorney to advertise the ordinance for approval at a future Board meeting date.
CONSIDERATIONS: Collier County entered into a Marco Island Museum License Agreement
with the Marco Island Historical Society ("MIHS") on May 13,2003. The Agreement includes a
requirement to establish a "joint board of four members, two appointed by the County and two by
the MIHS, which will plan, development, implement, and maintain the policies, goals, and
objectives of the museum." The County Attorney's Office recommends creating a County
advisory board in compliance with Ordinance No. 01-55, as amended, regarding advisory boards.
The MIHS has already designated two members: Bill Perdichizzi and Craig Woodward. The
proposed ordinance will authorize the Board to designate the additional two members. Staff
recommends that the Board designate two members from the County "at large." The proposed
ordinance sets forth the functions, powers and duties for the four-person advisory board and also
provides a mechanism in the event of a "deadlocked" 2-2 vote. An advisory board with an even
number of members provides the opportunity for many tie votes. The County Attorney's Office
recommends that the tie vote be referred to the Board for resolution.
The advisory board will make recommendations to the Board and Collier County Museum
Director on all issues affecting the Marco Island Museum including the planning, development,
and implementation of the policies, goals and objective of the museum.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary.
GROWTH MANAGEMENT IMPACT: There is no !,'I'owth management impact associated
with this item.
LEGAL CONSIDERATIONS: The County Attorney's Office has drafted this ordinance after
consulta1ion with County staff. The ordinance is in compliance with Ordinance No. 01-55, as
amended, regarding advisory boards. This item is legally sufficient for Board action. - CMG
RECOMMENDATION: For the Board of County Commissioners to approve the attached
draft ordinance creating the Marco Island Museum Advisory Board to report to the Board of
County Commissioners and to specifically review management and policy issues pertaining to the
Marco Island Museum and to direct the County Attorney to advertise the ordinance for approval at
a future Board meeting date.
PREPARED BY:
Colleen M. Greene, Assistant County Attorney
09-BCC.j)058l!2
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16K1
May 25, 2010
Page 2 of 12
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K1
Recommendation to approve the attached draft ordinance creating the Marco Island Museum
Advisory Board to report to the Board of County Commissioners and to specifically review
management and policy issues pertaining to the Marco Island Museum and to direct the
County Attorney to advertise the ordinance for approval at a future Board meeting date.
5/25/20109:00:00 AM
Date
Prepared By
Colleen Greene
County Attorney
Assistant County Attorney
County Attorney
1/14/201012:39:59 PM
Date
Approved By
Colleen Greene
County Attorney
Assistant County Attorney
County Attorney
1/15/201010:12 AM
Date
Approved By
Marla Ramsey
Public Services Division
Administrator ~ Public Services
Public Services Division
1/15/20103:23 PM
Date
Approved By
Ron Jamro
Public Services Division
Director - Museum
Museum
1/15/20103:24 PM
Date
Approved By
OMS Coordinator
County Manager's Office
Office of Management & Budget
1/19/20102:44 PM
Date
Approved By
Jeff Klatzkow
County Attorney
1/19/20102:54 PM
Mark Isackson
Date
Approved By
Office of Management &
Budget
Management/Budget Analyst, Senior
Office of Management & Budget
1/19/2010 2:58 PM
Agenda Item No. 16K1
May 25, 2010
Page 3 of 12
ORDINANCE NO. 2010._
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
CREATING THE MARCO ISLAND MUSEUM ADVISORY
BOARD; PROVIDING FOR CREATION; PROVIDING
FUNCTIONS, POWERS AND DUTIES; PROVIDING FOR
APPOINTMENT AND COMPOSITION, TERMS OF
OFFICE, ATTENDANCE AND FILLING OF V ACANCIESj
PROVIDING FOR REMOVAL FROM OFFICE FOR
FAILURE TO ATTEND MEETINGS; PROVIDING FOR
OFFICERS, QUORUM AND RULES OF PROCEDURE;
PROVIDING FOR INCLUSION IN CODE OF LAWS AND
ORDINANCES; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on May 13, 2003, the Board of COlU1ty Commissioners (Board) and the
Marco Island Historical Society (MIHS) entered in10 the Marco Island Museum License
Agreement setting forth the process by which the MIHS would construct a 2,000 square foot
museum on land contributed by Collier County; and
WHEREAS, the May 13, 2003 Agreement requires the establishment of a "joint Board of
four members, two appointed by the County and two by the MrHS, which will plan, develop,
implement, and maintain the policies, goals and objectives of the museum;" and
WHEREAS, in keeping with the May 13, 2003 Agreement, the Board desires to create
the Marco Island Museum Advisory Board to review management and policy issues pertaining
the Marco Island Museum.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
Agenda Item No. 16K1
May 25, 2010
Page 4 of 12
SECTION ONE:
Creation of the Marco Island Museum Advisory Board.
There is hereby created the Marco Island Museum Advisory Board (hereinafter the
"Advisory Board").
SECTION TWO: Functions, Powers and Duties ofthe Advisory Board.
The functions, powers and duties of the Advisory Board shall be to advise and make
recommendations to the Board of County Commissioners on matters pertaining to the following:
(I) The Advisory Board is created to assist the Board of County Commissioners with
all issues affecting the Marco Island Museum, including the planning, development, and
implementation of the policies, goals and objectives of the museum.
(2) The Advisory Board may make recommendations to the Collier County Museum
Director regarding: (a) general hours of operation, (b) special exhibitions and speakers, (c) public
programs and educational activities, (d) initiating and developing fundraising projects for
exhibits and minor museum enhancements, (e) locating and acquiring new historical artifacts for
the collection, and (f) general promotional and awareness building activities.
(3) The Advisory Board will recommend policies and procedures for the operation of
the theater or "playhouse." This is a stand-alone building from the museum. The policies and
procedures shall be approved by the Collier County Museum Director and Risk Managemen1
Director.
(4) The Advisory Board will serve as a liaison between Collier County staff and the
Marco Island Historical Society.
(5) Any recommendations resulting in a "tie" vole of the Advisory Board shall be
forwarded to the Board of County Commissioners for resolu1ion.
Page 2 of5
Agenda Item No. 16K1
May 25, 2010
Page 5 of 12
SECTION THREE: Appointment and Composition; Terms of Office; Attendance and
Filling Vaeandes.
The Advisory Board shall be composed of four members whose membership shall
include two representatives designated by Collier County and two representatives designated by
the Marco Island Historical Society. Appointments of members to the Advisory Board shall be
by resolution of the Board of County Commissioners.
Advisory Board members shall be sought in accordance with and shall meet the
qualifications for membership and requirements outlined in Ordinance No. 01-55, as amended,
or by its successor ordinance. Each appointment shall be for a 1erm of two (2) years; however,
initial terms shall be staggered with one Collier County representative and one Marco Island
Historical Society representative appointed for a one year term.
Members of the Advisory Board shall be appointed and serve at the pleasure of the Board
of County Commissioners. Appointments to fill any vacancies on the Advisory Board shall be
for the remainder of the unexpired term.
SECTION FOUR. Removal from Office; Failure to Attend Meetings.
Removal from office and attendance requirements shall be governed by Ordinance No.
o I-55, as amended, or by its successor ordinance.
SECTION FIVE. Officers; Quorum; Rules of Procedure.
At its earliest opportunity, the membership of the Advisory Board shall elect a chairman
and vice chairman from among the members. Officers shall serve for a one year term with
eligibility for reelection.
Page 3 of5
Agenda Item No. 16K1
May 25, 2010
Page 6 of 12
The presence of three or more members shall constitute a quorum of the Advisory Board
necessary to take action and transact business.
The Advisory Board shall, by majority vote of the entire membership, adopt by-laws for
the scope and transaction of business to be approved by the Board of County Commissioners,
The Advisory Board shall keep a written record of meetings, resolutions, findings and
determinations, Copies of all Advisory Board minutes, resolutions, reports and exhibits shall be
submitted to the Board of County Commissioners,
SECTION SIX:
Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall be made a part of the Code of Laws and
Ordinances of Collier County, Florida, The sections of the Ordinance may be renumbered or re-
lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or
any other appropriate word.
SECTION SEVEN: Conflict and Severability.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION EIGHT: Effective Date.
lbis Ordinance shall become effective upon filing with the Florida Department of State.
Page 4 of 5
Agenda Item No. 16K1
May25,2010
Page 7 of 12
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this _day of
,2010.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
FRED W. COYLE, CHAIRMAN
Approved as to fonn
and legal sufficiency:
Colleen M. Greene
Assistant County Attorney
Page 5 of 5
A~v"d~lb"IJu.161(1
May 25, 2010
Page 8 of 12
MARCO ISLAND MUSEUM L1CBNSE AClRllI!ME:NT
1607
nus AOREBMENT entered into thil(~oy of ~ 2003, bctw_ the MARCO ISLAND
HISTORICAL SOCIETY INCORPORA TtlD, ruCBNSEB') whooemallinsllldnoull16SRo).lllPalm
Drive, Marco !oland, f10rida 3414', hereinafter refcmd to.. "MlHS', and COLLIER COUNTY. a
political lubdlvllion of the State of Florida. whoaemailinaacldres.il 33011!aat Tamlami T"'~ Naplel,
Florida 34112, hereinafter referred to .. 'COUNTY" or LICENSOR.
TIlE PARTIES AGREE AS FOLLOWS:
ARTICUlI. Demlaed 1'Imni...
COUNTY IJI'CCI to Ii_Ie the mai property deacribeclln I!xhlblt "A' attached \lereto and made a
pan of thi. Li........ f1moein called the "Li.....od.I'Imni...". Iltuatod in Collier COUNTY, florida, for the
followins purpooe (.):
ARTICLE 2. Term of Li......
MIHS il hereby licenaed for a term of live (') yea:a cOllllllCllCinS on April I, 2003 and cndinS
April I, 2008, to \lie the LicenJod Promi... only to ni.. lunda and to 11lll8ll non1'Ol'ftlanent lip. to uid
property beca\lle MIHS pl8111 to raile lunda throup *olpt of donationa 10 fuod future con.llUC\ion o.f a
muaeum on the Licen.ed Premi.... MlHS i. be:eby pted ooe option. provided it is DOl then in default
of any of the provislonl of thi. Asroement to renew thil Lioeme for one additional Ieml of two (2) y<W8.
unelet the '1IIlO termJ and conditiona aa provided herein, by delivorioS written notice of M1HS'
unconditional intention to do '0 to the COUNTY not lea. than thirty (30) da)'l prior 10 the e.piBtlon of
the Lic,""", h....by created. Said notice mall be el\'ective upon aclual receipt by the COUNTY.
The COUNTY ,tlpulate. thai if it appoan that the MIHS will be IUCCOlaful in 111 fundraialng
effortl II deacribecl in ARTlCUl " the COUNTY will reserve the Proml... for the conllNCtlon of the
mllSOllm without riSht 10 tenninate thi. IIcen...
Thi, II I IlconlC with no Interoat coupled be:eIO. The Boan! of COUNTY Commlaaionetl JeICt\I..
the ript 10 terminate lhil Licenae, with or without cau... upon one hundled eipty (180) da)'l prior
wrilllln notice aclUlUy deli.....d to MlHS It the mailing addreaa lOt forth in ARTICLE 7 unl... by ,uch
time it appears thal the M1HS will ,ucCOl,fully raile IUfflcient Funda to conslnlct the mulCUm. Said notice
,hall be offective upon Ictual rcceipl by MIHS,
ARTICLE 3, COUNTY/MlHS Rel,tionahi~
In ...cognltlon that both paniea will have made Ilgnificanl oontributlona, (i.e. the COUNTY will
have contribllled the land and lhe MIHS will have contributod the muaeum building, perking and
lanclacapina) lhe following relationahips and ....pon.lbillti.. .... agreed to by both partiea.
A, Fundraiaing:
I. The MIHS will deaian and devolop tho 0......1 JllIIICWII eoncopt and lite plan with the
COUNTY providing general o.....ipt including COIlIimncy with known fulUte library
eXp8lllJODj and
2. The MIHS will ""gage in the fund ralsloS efforta In IlOCOJdanco with the provialon. of lhil
agreement and win be rc.ponaible for the collection and di.bursemenl of all fundi raiaed; and
B. Oeaign and con.truclion of the museum:
I. The MlHS and the COUNTY will conduct lhe majority of their bu.ine.. throup one (I)
...prcaentati.. appointed by the Count~ Manager and one (I) rcprcaentative appointed by
the MIHS, bolh of whom will be empowored to make all but lho moat 'ian1ficanl <Iociaionl:
and
2. The M1HS will devolop the de,isn and construction plans with ......ight by the COUNTY
...p.....ntati.. Ind final approval by the COUNTY; and
3. The M1HS and tho COUNTY reproaenlali.. will maintain a continllinslntcrface during the
conatructiQrt or the mUIleUJn and its site; and
4. The M1HS will collaborate with the COUNTY rcpreaentallve and obtain COUNTY
approval for any change. or modification 10 the approved plans; and
M\:jt:::lldClllt:::llt l'llU. IUr'1.1
May 25, 2010
Page 9 of 12
16D7 .~
~, The M1HS ~ lo permil the COUNTY lo have ace... 10 the tundrailing and
eOtllllUCdon account roconla of the M1HS; Ind
6. Th. MlHS wID eonabUCI the m_ and ailll willi the COUNTY llIIilliq by fociUl8ling
the implOllllllltllion of CITY ""I1Ii_1I and pIOvldinl technl<:a1lUldlllce to the M1HS.
C. Mairu.nance of the muaeum:
1. Th. MlHS aSftlC. 10 gnmt the COUNTY clear UU. lo the IIlIIleum buildina: and
2. The COUNTY and the M1HS ap:e to ..tebll&h I joint Board of four mom""', two
appolntccl by the County and Two by the M1HS. Which will plan. develop. imp1emen~ and
malnllln lhe poUei... goals and objc<:U... of the mUleum; and
3, The MlHS. with Ilppm.a1 from the County Board, will h.v. the rilJht of naminl the
building or any of the interior roo... to allow the MIHS 10 fulfill ill eomml_ 10 I....
donpl'l; and
4. A block of Ipproxlllllldy fony hoWl pet IIIOllth will be IOIerved for the MIHS u asr=I
upon by tile joint Board (aueh .....rved uae i. contempIal&d to be for the """lUll.. .... by
MIHS or ~ to MDIS for the benefil of (or llIIipunenllO) Olhm u delermIned from
U_tlme by M1HS); and
S. The M1HS wW ItIft'the =-m _ with ocx:uionalllllflins IUppOIl from tho COUNTY; and
6. Profill from the mUlCurn Slote will be Rllainecl by the M1HS but will be uood pnmorily for
flmcling mu..um pIOgfllml, ICtiviU... .nd equipment; and
7. Both parties will partleipll. In the promotion and mariceting of the nwseum; IIId
ARTICLE 4. Commilment b.the MIHS
A. During the fundrai.ing phase, the MIHS ~ that
I. The COUNTY Rcpreaentati.. or desi..... "'all be have o....ilJhl of all concepIIlal IIId Billl
and .rchilCC\Unl plan. relaUn, to the propooed ""*Urn and related facllltlea.lf lilY; and
2. A conceptual plan and lmpiementalion IIntCgy for COII.tnIcling the lIIUOCum will be
completed by Ihe flnt anniverury cIaIe of lhi. Licenoe; and
3. The M1HS Ihall deliver to the Public Scrvices Adminiltrator In annual written upclal. to the
Di.i.i"" Administr.tor of rundndling actIviti.. and pIOsrcu developmenl prior to Apnllll
of each year; and
4. MIHS .h.1I .!rieUy comply with Ind lilY alll.WI and resuIatlona .pplicebl. to fund ral.lIIs
actlvitl.. and COUNTY will not be rnporulble in .ny wlY for Iny fundraiai"l activiti.. or
rtimbunernentaj and
~. At the end of year five (5) of the fund nloiDs activity, M1HS &hall provide a writllln upcIaIll
to the Baerd of COUNTY Commiuionen: mid
6. AJ fundraiaing nean Complelion. the MIHS sha1I .oliett .nd ..leet an archltecl, project
man...... and can_tor .nel, with the overaigltl of the County, "'.11 design and conalrUCl
the muaeum bulldin, and the Ii..,
B. Upon luccCl.fu! compleUon of the fund raisins phue. the M1HS ...... that:
1. COlJN!'Y Repreoentati.. or deli.... &hall ha... final approval of all propo.ec1
impmvemenlllo Licenaed premiaea by or on beh.lf of MDIS; mid
2. Any and all improvements m..t he in accordance with all then appUcable local. Stale and
Pedera1 Lawl, rule. and regulltian" and
3. The final de.ign and conltruction concepti will have eon.idered needs of the Marco Island
community; Ed
4. The MDIS will eonlbUCI the l1lIIIeWn buildinS and I<ljacent parking and wUllanclacapc lhe
light in conformance to tho need. of the commuNty and the Code; and
C. Upon completion of eon.tnIclion of the mOleum bulldinS. the MIHS .h.lI:
I, Grant the COUNTY clear title 10 the mUlCUm bullding: and
< -
A!:l~lldd helll hlo. 101'\ I
May 25, 2010
Page 10 of 12
16D7
2, Appoint lb. .ppropril1e number of ill pOIIonno1 to the joinl board; an4
3, Wilh approval froID tile County Board, name tho build1nl or IpOClfic rooma in .""onIon""
wilh donor privil....; on4 .
4. Bltabllsh a pool of voluntecn 10 al4 tho COUNTY i. the opcralion of tile m~m and the
Implemcnlllllon ofill P"'PIllI: and
3. Orant the COUNTY Ihe rilhts to dllpI.y and UI. for other purposes tile anIfac1a owDOd by
tile MIHS throuah Clt.bllahecl.poemcnta u Ionl u the museum Rlmaim in opentloo; an4
6. Operate and maintain. mUleum Ilore with occulooal staffing aupport from tho COUNTY;
and
7. Commit the pmfill from the store opcntlons to fundinllDUIIlum pn>pIIIIIS, acdviti.., .n4
equipment; and
8. U.. ill influCllCC with tile Smithaonlan and other mUleuma to acquiro shon leI'Ill, lonl term,
and pcmIIftCIIl 10llll of artlfactl and other lteml of in_ to the COUNTY to display in
the 1IIUIeUIII; and
9. Provide pm_ and other Il:livltl.. for tho information and education of tho pubDc; IIId
10. Alaillin the promotion IIId marketioS of the museum; IIld
11. PIedp lb.l lilY bulklinS tunda remalnlol, after lbe buildinl haa been tranofemd to the
COUNTY and all bills owed by the MIHS have been paid, will be .pp1ied to tho
constNOlion of dllpla)'l .....ed upoo by lhe joinl board. .
ARTICLE 5. Commi'tlDent hv COUNTY
COUNTY Ihall h.ve no obligations whatsoever """"Pt 10 lhe extent Cltpreuly IpOClfied heroin,
The COUNTY ltipulatcs Ihal tho M1HS CundraialoS effort Iha1I be deama4 to be "_Cui" if
and when the MIHS rai... wmclenl funds 10 conslnlet . minimum 2000 Bq""'" foot muscum
which meets the Smlthoonlan SIIIIIdarda for musoums and which funds ate suflicicDl to include
perltinglhat meeu COUNTY RlSUlalionl and IlIIdaclplng that utiJfles lb. requlrementa of rho
communily. "RBI..... i. limited 10 money actually deposited Into tho .pproprll1e MIHS ICCO\ll1l
and finnly commiued for .xpenditure to conrtruct the JllUlCum ond porIdog.
A. Upon .ucc_CuI fund roIsinS by the MIHS, the COUNTY, prior to start of construction, shall:
1. Assip a primory poinl of contact to the MIHS with the authorilY to make mool major
declalon on behalf of tho COUNTY; and
2. 1lslablish lbe COUNTY'S .orti..t .tan dalo for lbo MIHS to be .ble to IIlIlt construction;
and
3, Provide guidance to the M1HS for the dctipllld consbUctioo of rho mUICUIIIlo include,
bUI not llmiled la, COlIlI'8Ct award. COUNTY, City, and Stale building codas and
regulation,. Smithsonian standards for mUICumI, museum theme and content, and contract
ovonilht; and
4. In cooperation with rho M1HS inld8le .ffortl to dealp and develop dlap11Y galleri..; and
3, Review an4 ev.luate MlHS daalp and CDnStnlCtion plans, reoo"""""ding changes ...
appropril1e; and
6. Upon approval of de.ign and conlll'Uclion pI...., provide MIHS with written authority to
proccecI with the conllrUCtion; and
7. DetermIne the COUNTY ltOmnS and _gel reqWRlmCnl. to consbUet diopll)'l and
Operala an4 mainrain the mUllCUm and pmont lb. bndgel requiRll1lOlltalO the TOe and tho
BOARD OP COMMISSIONERS.
B. Upon complolion of conltraction of the lIIUICIlIlI building, rho COUNTY shall:
1. Accept ownenhip of the museum building; and
2. Appoint two members to the four member joint board. and
3. ConstNCllhe museum displays uIlngCOUNTY fundi; and
Agenda Item No:- 16K I
May 25, 2010
Page 11 of 12
16D7
4. Willl the auillanCe of the M1HS, oblain Ill. artlfllCll fmm the Pepper.Helllt Expedition for
Ihort term, IonS tenn IrId pemanant elilplay al the muacum; IrId
5, Provide full ttme .tafIlnS and funds for the connnulns acImInIllralion, operation and
maintenanco of the museum u the buds<< allowl; and
6. Provide conlinulns con.lnlCUon and maintenence of p11ori.. in concummce with the
M1HS; and
7. 5lalf the museum It ore in the abae.... of M1HS pmonnel when abl.; and
8. ScheduIa maelinS end conf....... fllCiUtiCI for ail orpnixaIiona in keepins with the
reaerved time .cheduled for the M1HS and othenI u determined by the joint boanI; and
9, In cooperation with the M1HS. plan and conduc:t prosmnaend lIClivltl.. for the education
end information of the public; and
10. Promote and marl<.et the muNWll; and
11, If funda raiaed perml~ provide for the movi.s IrId integratlon of the CraiShead Laboratory
func1lonl IlJd equipment into the _um It Morco 1I1and.
ARTICLE 6. IDdmDDi1x
UCENSEB accoptl the Licensed Premi... .os il." COUNTY does wanant thlt Ihe Lic.nsed
PmniJeo 11'0 aulrablo far eny pwpo''', 'lb. COUNTY ahali not be Iiabl. for eny injury to any penon(l)
or to a.y property ..~ by the .lem.na or by other penon. II tho Licenlod Promi_, or from the _t
or .ub-surfac., or from eny other pi.... or for sny I.lmfetence cllllod by operation. by or few a
govemmental authority i. conlllnlclion of any public or quaal-public warb, or othmwiae.
'lb. COUNTY ahall not be liabl. for sny damasc. to or lOll, incluelins 1011 due to 1heft, of any
property, occUlTing on tl1e U....ed Premlaea or sny part thereof, ODd M1HS ahall hold COUNTY
hannl..., from eny claims for damase., e.cept where I1ICh damasc or Injury il 1he reault of tho sro"
n.gll....o. or w1llful miaconduct of the COUNTY or III employeea. UCENSI!B ahaJI be lOsponlible for
th. physical condition of tho Uoenaed Proml... IIIld shall promptly notify the Public Servicea
Admlnlatrator II any oondition Ihould ariae Dr occur to the Ucenaed Promi... that could mult in property
damage or phYlloal injury 10 any individual(.) who may be proaeIIt on the Lioenaed Premises durinS the
"'nn of this Lioonae.
ARTICLE 7, Default bv M1HS
FailulO of M1HS to lOmedy any non-compliance of thil Asreement within aixty (60) days from
receipt of COUNTY'S written notioe statinS the non-compliance shall constitute a defllll~ wh....by may,
at III ab&olute dillClOllon, tOl11linlle thi. Licenae by Bivins MnIS IIllny (30) daYI written nott.. unl... tho
default il fully cwed within that mxty (60) day nolio. period (or ouch odclitional time .. II I'OlIIOIllbly
required to correct ouch dofault). How.ver, the ~ of any of Ihe foUDWin.oventl ahall oonllituto a
dofault by M1HS, and tbil Licenae may be IrnmodIately terminated by COUNTY excopt to lhe extent then
prohlbited by law:
(0) Fa1aificadon of M1HS or an agent of M1H5 any report required to be furnl.hed to COUNTY
punuanlto the lermI of this Lo....
(b) FUillJ of insolvenoy, I'llOrpnizatiOll, plan or anangemcmt of bankruptcy.
In the ovent of the occ:ummoe or any of the fOlOsoins defa.ill in thil ARTICLE 5, COUNTY, In
addition 10 any other nihil and romodioa it may have, shaU have 1he immediate nSht to re-enter and
lOmove aU .isna rrom Ill. Licen'ed Premi.... Such property may be removed and ltared in a pUblio
warehouse Dr .laewhclO It tho cost of and for th. account of MIHS, all without lorvice of notice or Jaort
to legal procca. and without botnS deemed BuJlty of _Pili, or bolas liable for any lOll Dr llama... which
may be occuionod thClOby.
ARTICLE 8.1i1!1ia1
Any nOllce which COUNTY or M1HS ltUly be required to Sive 10 the other party lhalI he in
writinS 10 the other pIJty It the foUDWin8 ~:
ARTICLB 5t SWTenDer ~f Premi... Future l..eue of the Licensed PremiHl to MIH~
MIHS .hall remove all .isn' inotallecl by or on behaJf of MIHS immeclialely upcm expirolion of
thia Lic.... and ....11 deliver up and ourrendor to COUNTY _ion of the Licenoed Pmni_
ARTICLE 10. General Pmvlainn.
MIHS cxpreooly ....... for illcl~ ill""""'r and _.... to Rliain fiom l1li)' and III ... of Ihe
LiclOlltd PmlIiIeo wbicb, WD1lId interfere with or ecI.....ly afTect the OJl-ion or maiDtenance of
COllNTY'S opermona where any ouch opemQona ohare lXlllDftOll faciUli.. or otherwi...
Rillhll Dot ",aciflcally sranlod tho MIHS by lhi. Li..... are beroby",""",cd to the COUNTY.
ARTICLE 1 J. EfTective Dare
Thia Liconae .hell become oITective UPOll execution by both COUNTY and MIHS.
ARTICLE 12. OoVemiDR Law
Thia Li..... . hall bo.ovemcd b y,.nd con.tnIcd in .ccord...o with, tho low. oftbo Stile of
FloridL
DATED: #V€'
AlTEST- r,\.t?'::'t. :.
DWJGHiE.'l3R~i3' ~,. ';,
BY;~"t'''''_/
'hty' "
11",._ ..I,. . .c''' 's
":(. \.1::.'.._1'
--",-"":
COUNTY:
Soan! of COUNTY Commillionen
c/o Real Property M.maaement Dopt.
3301 Tamiaml TraiL I!u1
AdmiDillration Bulldl",
Nlpl.., Florida 34112
ee: om.. ofth. COUNTY AlIomey
(CHon! Department)
~~~ P
T WJTNl!SS (lisnature)
:r.\,." \VNMUC.t.
(print/type llOIIlO)
~.~~~. .
~. .a (AI
CONe S (Iiguature)
v; J4.J), Ii 'hi dllUI
(print/lnle nllllO)
Approvcd .. to fonn and
lepl sufficiency:
16~G~
Thomu C, Palmer,
Allilltant County AlIomey
Agenda Item No. 16K1
May 25, 2010
Page 12 of 12
16D7
MARCO ISLAND HISTORICAL SOCIETY:
Marco Ialand HmoricaJ Society [ncolJ>CX'l/ecl
c/o Kria Helland, Praident
168 Royal Palm Drive
Marco 1aWuI. Florida 34145
BY:
Tom Honnina. Chairman
UCENSEE:
Marco Ialand HillOricaJ Society, InCDrpOrllled
1 E...I
BY: Z:~1t\ .gJl.k~t-
Eli Perdichizzi, Praident