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Backup Documents 03/22/2011 Item #13A1ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP I A l TO ACCOMPANY ALI, ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE print on pink paper. Attach to original documeut. Original documents should tie hand delneted to the Board Ounce The completed routing slip and original documents are to he forwarded to the Year([ Office only after the Boon) by taken action on the irena. ROUTING SLIP Complete routing lines #I through #4 as appropriate for additional s'ignatures, dates, and /or information needed If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order) Office Initials Date 1. appropriate. (Initial) Applica ble) 2. March 22, 2011 Agenda Item Number 13A I 3. signed by the Chairman, with the exception of most letters. must be reviewed and signed 4. Jeff A. Klatzkow County Attorney _ Number of Original 3 5. Ian Mitchell, BCC Office Supervisor Board of County Commissioners Documents Attached ¢ 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Nonnally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to he delivered to the BCC office only after the BCC has acted to approve the imm.) Name of Primary Staff Debbie Brueggcman Phone Number (239) 642 -7878 Ext. 34 Contact appropriate. (Initial) Applica ble) Agenda Date Item was March 22, 2011 Agenda Item Number 13A I Approved by the BCC signed by the Chairman, with the exception of most letters. must be reviewed and signed Type of Document License Agreement Amendment _ Number of Original 3 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC. Forms/ Original Documents Routing .Slip W WS Original 9.03.04. Revised 1.20.05. Revised 2.74.05, Revised 9.18.09 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applica ble) I. Original document has been signed /initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters. must be reviewed and signed by the Office of the County Attorney. ']'his includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiate(] contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's Li signature and initials are required. 6" 5. In most cases (some contracts are an exception), the original document and this routing slip N/A should be provided to Ian Mithchcll in the BCC office within 24 hours of BCC approval. �( Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 3/22/11 (enter date) and all changes made during the meeting have been incorporated in the attached document. t� The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC. Forms/ Original Documents Routing .Slip W WS Original 9.03.04. Revised 1.20.05. Revised 2.74.05, Revised 9.18.09 13A 1 MEMORANDUM Date: April 11, 2011 To: Debbie Brueggeman, Operations Coordinator Collier County Airport Authority From: Teresa Polaski, Deputy Clerk Minutes and Records Department Re: Second Amendment to License Agreement w/Immokalee Regional Raceway, Inc. Attached are two (2) originals of the agreement, as referenced above, (Agenda Item #13AI) approved by the Board of County Commissioners on Tuesday, March 22, 2011. Forward a fully executed original to the Minutes & Records Department to be kept as part of the Board's Official Records. If you have any questions, you may contact me at 252-8411. Thank you 13A 1 SECOND AMENDMENT TO LICENSE AGREEMENT BETWEEN COLLIER COUNTY AIRPORT AUTHORITY AND IMMOKALEE REGIONAL RACEWAY, INC. WHEREAS, the Collier County Airport Authority ( "Authority ") entered into a License Agreement with RTH Enterprises, Inc., a Florida Corporation, D /B /A Immokalec Regional Raceway ( "IRR ") for the temporary use of property within the Immokalee Regional Airport as an "IHRA Sanctioned Drag Racing Strip," hereinafter referred to as the "License Agreement." A copy of the License Agreement is attached hereto as Exhibit A; and WHEREAS, on March 11, 2002, the Authority and IRR amended the License Agreement in order to, among other things, extend the expiration date of the License Agreement to March 31, 2007. A copy of this first amendment to the License Agreement is attached hereto as Exhibit B; and WHEREAS, since April 1, 2007, the parties through their intent and conduct extended the License Agreement on a month -to -month basis, and IRR has continued its operations at the Immokalee Regional Airport pursuant to the terms and conditions set forth in the License Agreement, as amended; and WHEREAS, the Authority and IRR desire to further amend the License Agreement. NOW, THEREFORE, said License Agreement is amended as follows: Paragraph 10 is deleted in its entirety and is replaced with a new paragraph (10) ten that reads as follows: A. Commercial Operating Privilege Fee — Two Hundred ($200) per year. B. Advertising Fee — 50% of gross revenues derived from advertising concessions plus applicable Florida taxes. C. Deposit - $ 5,000. Authority shall retain any interest accrued thereon. D. Land Lease — Two Thousand Five Hundred ($2,500 per month). Paragraph 4 is deleted in its entirety and is replaced with a new paragraph 4 that reads as follows: A. IRR will be permitted to operate the specified uses in said operational area at the Immokalee Regional Airport on a month -to -month basis effective April 1, 2011. The License Agreement and the IRR occupancy of the leased area shall always be at no cost to the Authority. B. This Agreement may be terminated with or without cause upon thirty (30) days written notice by either party to the other without liability by either party. Should the Authority exercise this right, Tenant will be given six (6) months to vacate the premises and remove all of its improvements and fixtures. 13A 1 3. All other terms and conditions of the License Agreement, as amended, remain in full force and effect. IN WITNESS THEREOF, the parties hereto have signed this Second Amendment to License Agreement on this the 22 day of 61" , 2011. ATTEST: DWIGHT E. BROCK, CLERK ,Zip r ni AttlSt As tQ ^`C*he yClerk RTH ENTERPR2NES INC., A FLORIDA CORPORATION, D /B /A By: _ Print form and Jeffrey County BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, IN ITS CAPACITY AS THE COLLIER COUNTY AIRPORT AUTHORITY ('j. �. BY: FRED W. COYLE, Chairman Attest: rporate Secretary I,em>t I -J� Agenda 3 Date Date f:er.'d Clwk 13A 1 3/22/2011 Item 13.A.1. Attachment A License Agreement Between Immokalee Regional Raceway and Collier County Airport Authority at the Immokalee Regional Airport RTH Enterprises Inc. D /B /A Immokalee Regional Raceway Collier County Airport Authority P. O. Box 2023 2003 Mainsail Drive Immokalee, FL 34143 Naples, FL 34114 Tlais is a BARE LICENSE Agreement between the Immokalee Regional Raceway (IRR) and the Collier County Airport Authority (.Authority). This Agreement is for the temporary use of the area depicted in Exhibit "A ". The area shall be for the sole purpose of "IHRA Sanctioned Drag Racing Strip." Drag Racing is an inherently risky activity. IRR must always faithfully satisfy all the requirements listed in this Agreement and all of its Exhibits and the IRR must at all times act in the utmost good faith with regard to all aspects of this Agreement. For the purposes of this Agreement, IRR includes the corporation and all person employed by IRR, all agents and other representatives of IRR, and all persons actually or constructively invited anywhere onto the Immokalee Airport because of any activity of IRR, including, but not limited to, its employees, agents and representatives, all crews, spectators, concessionaires, and patrons. The Executive Director of the Authority and the Manager of the Immokalee Airport are hereby authorized to administer this Agreement on behalf of the Authority. Only the Authority may amend this Agreement. "Airport" means the entire Immokalee Regional Airport. "Operational Area" means the area depicted as such in Exhibit "A" attached hereto. "Parking Area" is limited to the areas 1. No activity will be allowed which in the sole discretion of the Authority interferes with the safe operation of the Immokalee Regional Airport or that is unacceptable to the Authority or that in the judgment of the Airport Manager or the Executive Director of the Authority constitutes any type of hazard or nuisance. 2. All operations shall be limited to the area depicted on Exhibit "A" (operational area) and IRR will be responsible for all public control, security, clean-up of the Airport, and returning the site to its original condition after use. IRR shall keep the Airport clean of any and all trash, etc. brought onto the Airport by any person connected to IRR, including a complete policing of the entire Licensed Area as soon as possible after every race day. 3. IRR has constructed a vehicle access road from Airpark Boulevard to the operational area, as depicted in exhibit "A". IRR assets that the access road has been designed and constructed in accordance with all Federal, State, and County regulations. 'That road shall be maintained at no cost whatsoever to the .Authority and shall automatically become the property of the Authority upon the termination of this Agreement. 4. IRR will be permitted to operate in said operational area at the Immokalee Regional Airport effective April 1. 1999 through March 31, 2002. This agreement may be terminated upon 30 3/22/2011 Itel 3.A.I days written notice by either party without liability by either party. This Agreement and the IRR occupancy of said area shall always be at no cost to the Authority. 5. INSURANCE. IRR agrees to maintain in force at all times during the term of this agreement $3,000,000 Comprehensive General Liability Insurance and the Collier County Board of County Commissioners will at all fines be an "additional insured ". An acceptable Certificate of Insurance evidenced such coverage shall be delivered to the Authority prior to the approval of this Letter of Agreement. 6. IRR agrees Utat its activity will not create any public or private nuisance and that the activity proposed shall be conducted in accordance with all Federal, State and local laws and in full accord with the Immokalee Regional Raceway Safety Plan including all exhibits thereto. T IRR: shall identify and perform adequate measures to ensure that no persons Nvho are on the Airport as a patron, guest employee, agent or in any way associated with IRR shall Hander, venture or go outside of the area depicted on Exhibit '`A". R. IRR shall submit an acceptable plan identifying details, schedules, and personnel required to successfully conduct drag racing activity and a detailed Safety Plan prior to the Authority approving this Letter of Agreement. Once the plan is approved, it shall automatically and immediately be part of this Agreement. 9. 1RR shall indemnify and save harmless the Authority, Board of County Commissioners, members of their boards, their officers, agents, and employees of and from all claims, demands, debts, liabilities, and cause of action (including attorney fees and cost) whatsoever resulting from any operation or mere presence. of IRR at the Lmnokalce Re-ional Airport 10. Fees: For the propose of occupying the space and conducting commercial activities at the Airport. IRR shall pay the following fees: A. Occupancy Pee - $150 per month. B. Commercial Activities Fee — $ LOoo each week of any activity. C. Advertising Fee — 50% of gross revenues derived from advertising concessions. Ill. Deposit - $5,000. Authority shall retain any interest accrued thereon. Occupancy Fee- Shall be paid in advance and without demand on the first of each month hroughout the term of this agreement. Prompt payment is essential. The Authority will not tolerate any late payment of any fees. Commercial Activities Pee: Por each week that the raceway is `active" IRR shall pay to the an additional $1,000 "Activity fee." "Active" shall mean any vehicle opeations taking place during the respective week (Monday through Sunday) on the raceway for any purpose (tcsriug, racing etc.). At a minimum the raceway shall be deemed to be active (whether nctually active or not) twenty -four (24) weeks per I,icense Agreement Year. IRR shall pay $1000 per month beginning May 1. 1999 to cover said twenty -four (24) minimum active Packet Page -766- 3/22/2011 Item 13.A.1. 13A 1 weeks. Each year on March 31 IRR shall provide Authority with a statement identifying the number of weeks the raceway was actually "active' and "deemed" active during the previous twelve (12) month period. If raceway was "active" more than any twenty -four (24) of those weeks, IRR shall issue payment with the statement in the amount of $1,000 for each "active' week over the "deemed" twenty -four (24) week minimum. Advertising Fee: At the end of each month IRR shall issue to the Authority a statement along with payment in the amount of 50% of all gross advertising revenue received by IRR during that month. It is contemplated that IRR will sell advertising by allowing advertisers to display advertising signs on the concrete barrier walls of the raceway opposite the spectator viewing area. The Director of the Airport Authority may require immediate removal of any advertising that he deems to be inappropriate or he in an unapproved location; it is, therefore, recommended that if there is any question that an advertisement may not be appropriate, that the advertisement may be approved by the Airport Manager before placement at the Ail-port, Security Deposit: Prior to April 1, 1999, IRR shall deliver a deposit of $5,000. That deposit shall be returned in full at the termination of this Agreement, less any damages and /or costs the Authority incurs related to IRR's occupancy or use of the Airport. I I. Improvements to Raceway: Other than the Access Road (described hereinabove). no permanent improvements shall be permitted. All improvements (seating, concrete barricades, timing devices etc.) shall be removed not later than thirty (3 0) days after notice to remove from the Authority. All shall be at no cost to the Ikudicrity. 12. Fire Fighting, Rescue. Security, and To) im . IRR shall be responsible to provide fire fighting, rescue, security, and towing at the Airport. Neither Collier County, the Authority, or any agency of Collier County shall have any obligations with regard to any such matters. Services from the Collier County Sheriffs Agency and Collier County FMS shall be as provided to any other entity. No extraordinary services shall be provided. ­Rescue" includes all emergency services that may be deemed to he reasonably needed by any person associated with IRR 13. Fuel. Fuel shall be stored in containers that are approved by the Immokalee Fire District. Said approval shall be in writing. Fuel shall be stored safely only in the area marked on exhibit °B" of the Safety Plan. Fuel will be transported in an appropriately licensed transport vehicle by a licensed fuel vendor. 14. Parking Areas) IRR shall be responsible to ensure that no vehicles are parked in any area that has not been authorized by the Authority in writing for parking any such vehicle. IRR shall not less than one each week inspect all parking areas for any condition that might cause any harm to any persons or property. Any such hams discovered by IRR shall immediately be brought to the attention of the Airport Manager, or in his absence, the Executive Director of the Authority. IRR shall be solely responsible for all matters related to the parking of vehicles on the Airport whenever any such parking is affiliated with any activity of IRR or the presence of IRR on the Airport. 3 1 -3 AA 3/22/2011 Item 13:At 15. Public Stands. Security Sheds, Picnic Tables. Concession Stands, Kitty Play Area. Etc. IRR shall be solely responsible for all matters related to all areas licensed for any use by IRR. 16. POLLUTION AND CONTAMINATION. IRR shall be responsible to fully clean up any and all contamination of the Airport with fuel and /or any other pollutants that may be brought onto the Airport by IRR. No such substance shall be brought onto the Airport without prior written approval from the Executive Director of the Authority. 17. Use of Licensed Premises /Use of Name. IRR has inspected the Airport and approves the same as being suitable for the uses intended by IRR. The IRR takes the Airport "as is." IRR shall not use the airport for any unlawful, immoral, or illegal purpose. IS. Track Condition. IRR shall maintain the racetrack in a race- insurable, race -ready condition, and at the termination of this Agreement shall return the racetrack to the Authority in a race - insurable and race -ready condition. 19. utilities. IRR shall pay for all of its utilities, including trash removal, at the Airport. 20. Alcoholic Beveraces. No alcoholic beverages, including beer, shall be allowed at the Airport. IRR can immediately have removed from the Airport any person who violates this restriction. IRR shall post appropriate signs and other notices that state that alcoholic beverages are prohibited at the Airport. 21. Real Property Taxes. At the time of execution of this Agreement, the Licensed premises arc not subject to real property taxes. IRR shall be responsible for the payment of any and all real property taxes or other taxes which may be assessed on the licensed premises, including on any and all improvements. and/or on this Agreement itself. 22. Costs of Enforcement. In the event that is shall be deemed necessary by the Authority, at any time, to institute legal action or proceeding for the enforcement of this Agreement or to employ the County Attorney's Office and/or an outside attorney(s) -at -law for the purpose of enforcing any terms of this Agreement, the prevailing party shall be entitled to recover all costs and expenses incurred, including reasonable attorney's fees, through all proceedings, trials, and appeals. 2i. Authorilv's Right to Review Financial Statements. IRR shall provide upon request, on an annual basis, and at no costs to the Authority, within sixty (60) days of IRA's receipt thereof. IRR's financial statements pertaining to the Airport_ 24. Media Rights. IRR shall have all motion picture, television. audio recording, video and other media rights pertaining to all events that occur on the Licensed premises during the term of this Agreement. 1RR is entitled to all income pertaining to or derived from said rights including income received by IRR subsequent to the termination of this Agreement. 4 f __I._a I - - - 111 13A 1 3/22/2011 Item 13.A.1. 25. Venue. The exclusive venue for all actions arising frcun this Agreement shall be in Collier County, Florida. 26. Notices. Any notice, statement, demand or other communication required or permitted to be delivered or served or given by either party hereto to the other, shall be delivered or served or given and shall be deemed to have been deliverer) or served or given if mailed in any general or branch U.S. Posy Office, enclosed in a registered or certified envelope addressed to the respective party as follows: To the Authority: RTH Enterprises Inc. d/b /a Immokalee Regional Raceway P. O. Box 2023 Immokalee, FL 34142 To the Licensee: Collier County Airport Authority 2003 Mainsail Drive Naples, FL 34114 27. Assienment. This Agreement shall not be assigned without the expressed written approval of the authority. IN WITNESS WHEREOF, the parties hereto have executed this BARE LICENSE AGREEMENT on this day of April, 1999. 9 By: L0 Date: Title:/ 671 / Frint Name: p ��/�p �/r 111ES- le7L -i Witness: - y4'itness:Q/y�/J In signing this document, the above individual warrants and certifies that he is a bonafide representative of the Immokalee Regional Raceway and has full authority to obligate said RTH Enterprises Inc. Wh /a Immokalee Regional Raceway a Deleware Corporation, of the provisions auleed to herein. COLLIER C- QUNTY7 GRPORT AUTHORITY Approved Airport Authority Michael Williams, Chairman Date: 1/-1) 3 _ 1 5 Witness: Printed name of Witness Witness: tiQrc1ll = Witness: Gqi 1 tttq-�c-, G.�11 Printed name of WiYhess Approved as to form and legal sufficiency ThPalmer Assistant County Attorney -END- 13A 1 3/22/2011 Item 13.A.1. .4 GAR 0. HAMBAI6I Notary Pu'ulic, State of Flida 1 _ Mr comm. expires Aug. 19. 2002 Sato Comm. No. CC766562 6 I = ---- ------ 13A 1 3/22/2011 Item 13.A.1. .... .. . . ... .... N I . II III -- ----- -- ------- - -------------- IV--- - - - - - - - - - - - < -- ---- = - - --- - --------- - •---------- r MI ----------- 13A 1 3/22/2011 Item 13.A.1. _ IMMOKALEE REGIONAL RACEWAY SAFETY PLAN 1. The Immokalee Regional Raceway will meet or exceed each of the attached International Hot Rod Association (LIMA) track requirements. See exhibit "A ". 2. Immokalee Regional Raceway will provide security personnel for crowd control at each race event. Security personnel will be posted at each access location to prevent unauthorized person(s) from gaining access to the pit and track operation areas. See exhibit `B ". 3. Prior to commencing any racing activities the Immokalee Regional Raceway will coordinate emergency response requirements with Immokalee Fire Department, The Collier County Sheriffs Office, and Collier County EMS. This will include IRR providing copies of this safety plan and visitation to the site by those agencies. 4. Twenty four hours Prior to each racing event IRR will inform each of the afore mentioned agencies that races will be held. 5. IRR will have emergency communications capabilities at all times consisting of telephones with backup cellular telephone for the purpose of reporting any emergency to appropriate responding agencies. 13A 1 3/22/2011 Item 13.A.1. _ 6. IRR will operate at all times within the parameters of an approved IIIRA safety plan. 7. IRR will update this plan annually or as necessary due to operational or facility layout changes. 13A 1 3/22/2011 Item B.A.1. - I Safety Plan- Exhibit "A" le I 1. Track must be at least 4o' wide 2 Track must be at least 1,800' long from starting line to end of paved surface. Sand trap recommended. 3. Retaining walls must be double stacked guardrail or concrete wall at least 24' high from starting line to at least 1,000 past finish line, and the entire length of the shutdown area on the retum road side of the track 4. Must have adequate staging lanes. 5. Crowd control fence at least 4' high in any area spectators have access to pits, track or return road. Spectator control fence must be at least 50' back from the track, from the 1/8 mile point through the entire length of the shutdown area. In the area between the burnout box and the 1/8 mile, 25' is the minimum. See insurance regulations. 8. Perimeter pit fencing is mandatory and is recommended that it be used in conjunction with other control fences. This will facilitate a measure of safety for the fans and racers as well as their personal property. 7. All concession stands and rest rooms must meet all local Health Department rules and be licensed by local Health Department 8. Racing surface must be reasonably smooth. g. Fifty pounds total fire fighting extinguishers on premises. 10. Must have seating capacity of at least 500 seats with adequate parking. Grandstands must be state approved. 11. Must have pits to accommodate 100 racing rigs. 12. Must have timing tower. 13. Minimum insurance requirement one million liability. 14. These minimums are for new track construction. Some consideration will be accepted for existing tracks. R -M K W C b y L w d W ro to a a H 1J Cr d E d 7 CT al Packet Page -775- i 1 3/22/213An- I3.A.1. 3 � v °a a a Q O O q l! W W r �+ i3A I 3/22/2011 Item 13.A.1. - Attachment B FIRST AMENDMENT TO LICENSING AGREEMENT BETWEEN COLLIER COUNTY AIRPORT AUTHORITY AND IMMOKALEE REGIONAL RACEWAY, INC. WHEREAS, the Collier County Airport Authority ( "Authority ") has an agreement with RTH Enterprises, Inc., a Florida Corporation, D/B /A Immokalee Regional Raceway ( "IRR ") dated April 1, 1999 hereinafter referred to as the "Base Agreement ". NOW, THEREFORE, said Licensing Agreement is amended as follows: I. Paragraph (10) ten is deleted in its entirety and is replaced with a new paragraph (10) ten that reads as follows: A. Commercial Operating Privilege Fee — Two Hundred ($200) per year. B. Commercial Activities Fee - $ 2,750 per month, plus applicable Florida taxes. C. Advertising Fee — 50% of gross revenues derived from advertising concessions plus applicable Florida taxes. D. Deposit - $ 5,000. Authority shall retain any interest accrued thereon. 2. Delete paragraph (4) four in its entirety and replace it with the new paragraph (4) four that reads as follows: A. IRR will be permitted to operate the specified uses in said operational area at the Immokalee Regional Airport effective April 1. 2002 through March 31, 2007 B. This agreement may be terminated upon thirty (30) days written notice by either party to the other without liability by either party. This agreement and the IRR occupancy of said area shall always be at no cost to the Authority. 3. All other terms and conditions of the License Agreement remain in full force and effect. 4. IRR shall construct a temporary Lime Rock Road per exhibit B attached hereto and made a part hereof. IN WITNESS THEREOF, the parties hereto have signed this first Amendment to License Agreement this I I" day of March 2002. ATTEST: ohn H. Drury, A.A.E. Executive Director Gail Hambright COLLIER CO U TY By: AIRPORT AUTHORITY Steve Price, Chairman Packet Page -778- ATTEST to Mr. Hester's Signature: Signed by Mr. Hester in the presence of: FIRST-WITNESS / c-�•u �t _�C t tiCru.lt� Print/Type Name tom_ Print/Type Name Approval as to form and legal sufficiency: last ` Thomas C. Palmer, Attorney for the Authority 2 3/22/2011 Item 13.A.1. 13A RTH Enterprises Inc., a Florida Corporation, D IA Immokalee Rofiviial RacrOay Packet Page -779-