Backup Documents 04/26/2011 Item #13A
ORIGINi\L DOCUMENTS CHECKLIST & ROUTING SLUt 3 A
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO -...
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Ofllce. The completed routing slip and original
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Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exce tion of the Chairman's si nature, draw a line throu h routin lines # I throu h #4, com lete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routin order)
I.
2.
3.
4. Colleen Greene \
County Attorney
Cm&-
y ?-t1 II
ill-In
5. Ian Mitchell, BCC ~
'-"^- h-.i c:..
6. Minutes and Records
Board of County Commissioners
.. er
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally 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 be delivered to the BCC office only after the BCC has acted to approve the
item)
Name of Primary Staff Debbie Brueggeman Phone Number (239) 642-7878 Ext. 34
Contact
Agenda Date Item was April 26, 2011 Agenda Item Number 13A
Approved by the BCC
Type of Document MOD between Airport Authority and Parks Number of Original 3
Attached & Recreation Documents Attached
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
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by the Office of the County Attorney. This includes signature pages from ordinances,
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Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
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The Chairman's signature line date has been entered as the date of BCC approval of the
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"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Ian Mithchell 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 our deadlines!
The document was approved by the BCC on 4/26/11 (enter date) and all
changes made during the meeting have been incorporated in the attached document.
The Count Attorne 's Office has reviewed the chan es, if a Iicable.
Yes
(Initial)
N/A (Not
A lie able)
2.
3.
4.
5.
6.
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9.18.09
13A
MEMORANDUM
Date: May 3,2011
To: Debbie Brueggeman, Operations Coordinator
Collier County Airport Authority
From: Ann Jennejohn, Deputy Clerk
Minutes and Records Department
Re: MOU between the Airport Authority and Collier County's
Parks and Rec Department for the use of property/space at
the Immokalee Regional Airport
Attached are (2) original copies of the document referenced above (Item #13A)
approved by the Board of County Commissioners on April 26, 2011.
The Minutes and Records Department will hold the third original agreement in the
Official Records of the Board.
If you have any questions, you may contact me at 252-8406.
Thank you.
Attachments (2)
13A
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is made and entered into this 26th day of April ,
2011, between the Board of County 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."
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 the 2007 agreement; and
WHEREAS, the intent of this Memorandum of Understanding is to 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 ("FAA") regulations.
WIT N E SSE T H:
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 1 of 5
13A
1. Use of Park Property.
a. The Authority hereby consents to the County using that portion of the Immokalee Airport
Property described in Exhibit "A" (approximately 305,000 square feet) ("Airport
Viewing Area") for passive recreational purposes and for attendance by large group
activities, such as outdoor concerts, festivals, charitable functions, and the like. The
County may use the property for 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" whereby, upon request,
and subject 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 permanent 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 the Airport Viewing Area, and other removable things such as, but not limited
to, park benches and picnic tables. Also, asphalt, 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, and 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. Parks 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 will 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 that are to occur at the Airport Viewing Area.
Page 2 of 5
13A
3. Termination 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 exercise this right, Tenant will be given three (3) months to vacate the premises
and remove all of its improvements and fixtures.
4. Notices; Large Group Events or Otherwise. The County 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):
If to the County:
If to the Authority:
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
5. 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 and/or 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
measures 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).
6. Signage. 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 signage. 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
7. Indemnification.
a. The use of the Airport Viewing Area shall be at the sole risk and expense of the County.
Page 3 of 5
13A
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. The Authority
makes no representations as to the fitness 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 permitted 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 Agreement 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 matter 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 the County and cannot be assigned or otherwise transferred by the
County or by the Authority, and any such attempt shall be void ab initio.
AS TO THE AUTHORITY:
ATTEST:, ....
DWJGm'ii:I.sOOCK, CLERK
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA IN ITS
CAPACITY AS THE COLLIER COUNTY
AIRPORT AUTHORITY
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FREDW. COYLE, CHAIR
AS TO THE COUNTY:
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DWIG~,p'itB:R.~~, CLERK
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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FRED W. COYLE, CHAIR N .....
Page 4 of 5
13A
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