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Agenda 06/27/2023 Item #16F 3 (A Fairground Event by the Fairboard on 11/17/23 - 01/01/2024)16.F.3 06/27/2023 EXECUTIVE SUMMARY Recommendation to approve the Magic Lights Event to be conducted by the Collier County Agricultural Fair and Exposition, Inc. OBJECTIVE: To approve the Magic Lights Event to be conducted by the Collier County Agricultural Fair and Exposition, Inc. CONSIDERATIONS: Collier County Agricultural Fair and Exposition, Inc. (Fairboard), has scheduled an event to be held at the Fairgrounds to be held from Friday, November 17, 2023, to Monday, January 1, 2024. The event will be held between 7:00 p.m. and 9:00 p.m. Monday to Thursday; between 7:00 p.m. and 10:00 p.m. Friday to Sunday. The event features a one -and -one -half -mile professional holiday lighting display. Previously, the Board approved a Fourth Amendment to the Lease Agreement between Collier County and the Fairboard, dated December 11, 2012. This amendment identifies the Board -approved events allowed at the Fairgrounds under the Lease. However, the Magic Lights Event is not included in the approved list and exceeds the allotted number of days for additional events spanning five weeks. Staff will assess whether it is necessary to further amend the lease agreement to include this event or extend the allotted number of days for additional events. If deemed necessary, the staff will bring back an amendment for the Board's consideration. In addition to the specified event dates, the vendor will need additional days for set-up and tear -down. The Fairboard intends to apply for the required permits from the County for the dates November 12, 2023, through January 6, 2024. However, these dates may be subject to change pending the vendor's schedule. The event vendor, Family Entertained Holdings, LLC, is bonded and insured. The Fairboard is currently compliant with the required insurance coverage per the Lease terms and will obtain the vendor's insurance coverage for the event. FISCAL IMPACT: There is no fiscal impact related to this item. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, and requires a majority vote for approval. RECOMMENDATION: To approve the Magic Lights Event to be held by the Collier County Agricultural Fair and Exposition, Inc. Prepared by: Jennifer A. Belpedio, Real Property Manager, Facilities Management Division ATTACHMENT(S) 1. Fairboard 4th Amendment (PDF) Packet Pg. 1294 16.F.3 06/27/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.17.3 Doc ID: 25743 Item Summary: Recommendation to approve the Magic Lights Event to be conducted by the Collier County Agricultural Fair and Exposition, Inc. Meeting Date: 06/27/2023 Prepared by: Title: — Facilities Management Name: Katherine Gutierrez 06/06/2023 3:51 PM Submitted by: Title: — Facilities Management Name: John McCormick 06/06/2023 3:51 PM Approved By: Review: Facilities Management Planning Commission Facilities Management Office of Management and Budget County Attorney's Office Office of Management and Budget County Manager's Office Board of County Commissioners Jennifer Belpedio Manager - Real Property Diane Lynch Additional Reviewer John McCormick Director - Facilities Debra Windsor Level 3 OMB Gatekeeper Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Christopher Johnson Additional Reviewer Amy Patterson Level 4 County Manager Review Geoffrey Willig Meeting Pending Completed 06/07/2023 11:08 AM Completed 06/08/2023 4:32 PM Completed 06/19/2023 11:52 AM Completed 06/19/2023 12:32 PM Completed 06/19/2023 2:35 PM Completed 06/20/2023 7:20 AM Completed 06/21/2023 11:39 AM 06/27/2023 9:00 AM Packet Pg. 1295 16.F.3.a Lease # 653 FOURTH AMENDMENT TO LEASE AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER COUNTY FAIR AND EXPOSITION, INC. This FOURTH AMENDMENT TO LEASE AGREEMENT is entered into this 111h day of December, 2012, by and between Collier County ("County") and the Collier County Fair and Exposition, Inc., f/k/a the Collier County Fair and Agricultural Exposition, Inc. ("Lessee"). WHEREAS, the parties entered into a Lease Agreement dated November 10, 1986, as amended January 16, 1990, December 18, I990, and May 5, 1998, hereinafter collectively referred to as `Lease Agreement;' and WHEREAS, the Lease Agreement did not specify the approved uses for the demised premises, which has led to community concerns as to the propriety of the events being conducted at the Fairgrounds; and WHEREAS, the County and Lessee desire to amend the Lease Agreement to help bring certainty to this issue and lessen community concerns. NOW, THEREFORE, the County and Lessee agree that the Lease Agreement shall be amended as follows: 1. In addition to operating the Collier County Fair, the approved uses for the demised premises shall be as follows: A. Annual Events (Limited to a one-time event each year, unless in conjunction with County Fair. Lessee shall be required to apply, obtain and pay all fee(s) for any County permits necessary in order to conduct the events listed below, unless otherwise noted): Boy Scouts Rocket Day (no permit required) Country Jam Demolition Derby Parking for off -site Special Events such as Twin Eagles Golf Tournaments (no permit required) Rodeo and Associated Arena Events Sheriff's Office Sponsored: Junior Deputy Day (no permit required) Haunted Walk (Open to the public) Annual BBQ Cook -off Any other event first approved by the Board of County Commissioners. B. Long-term Sub -Leases: Collier County Emergency Debris Collection Site FPL Emergency Staging Area Model Airplane Club Motorcycle Riding School Any other sublease first approved by the Board of County Commissioners. ,• , a E # -k- Packet Pg. 1296 16.F.3.a Lease # 653 C. Temporary Use Permit Events (Lessee shall be required to apply, obtain and pay all fee(s) for any County permits necessary in order to conduct the events listed below, unless otherwise noted): Seasonal Sales including Christmas trees (up to 5 weeks and counted as I event) Pop Warner Football Awards Party or similar Special Events Flea Market Collier County School District Field Trips (no permit required) Collier County Fire Districts' Training (no permit required) Collier County Sheriff s Office Training (no permit required) Birthday and Wedding Celebrations Fundraisers Lessee shall also be granted the right to conduct temporary uses at the Fairgrounds, such as, but not limited to, the above -listed Temporary Use Permit Events by way of the Collier County Temporary Use Permit process, which will allow the Lessee to conduct additional events at the Fairgrounds, by applying, obtaining and paying the required fees for the Temporary Use Permits for each event, which the total number of days permitted shall be twenty-eight (28). 2. Except for the annual County Fair, no amplified sound or music is permitted after 10 p.m. on Fridays and Saturdays or 7 p.m. on Sundays through Thursdays. 3. The following provision shall be added to Article 8 (Maintenance); The existing marquee -styled sign is the property of the County, and the County and the Lessee shall equally share the cost of any repair, maintenance or replacement of the sign throughout the life of this Lease. 4. Article 14 (Notices) is amended to read: Any notice, request, demand, instruction or other communication to be given to either party hereunder, shall be in writing, sent by facsimile with automated confirmation or receipt, or by email with automated confirmation or read receipt, or by registered or certified mail, return receipt requested, postage prepaid, transmitted or addressed as follows: If to County: Real Property Management 3335 East Tamiami Trail, Suite 101 Naples, Florida 34112 Attention: Collier County Leasing Specialist Telephone: 23 9-252-8743 Facsimile. 239-252-8876 Email: michaeldowlin collier ov.net If to Lessee: Collier County Fair and Exposition, Inc. 751 39th Avenue NE Naples, FL 34120 Telephone: (239) 455-1444 Facsimile: (239) 455-6701 Email: office@colliercomatyfair.com 2 Packet Pg. 1297 16.F.3.a Lease # 653 5. All other provisions contained in the Lease Agreement dated November 10, 1986, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO THE COUNTY: /0 //-1Z ATTEST: DWIGHT E. BROCK, Clerk r By: aac to colerk r AS TO THE LESSEE: Z �Ladz Witness (signature} a /C XIAn-Leif (pr' t n a e) r �- Wit e sijna r ) (print nam 4) to foorm and legal sufficiency: JeffreMpgatzkow, County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA f, FRED W. COYLE, CHA COLLIER COUNTY FAIR AND EXPOSITION, INC. r' 3 V l) k_.i oz Name and Title) Packet Pg. 1298