Naples Junior Chamber of Commerce
1602
MEMORANDUM
Date:
June 29, 2005
To:
Amanda Townsend
Operations Coordinator
Parks & Rec. Department
From:
Heidi R. Rockhold, Deputy Clerk
Minutes & Records Department
Re:
Limited License Agreement for Jaycees
July 4th Fireworks event
Enclosed please find one copy, as referenced above (agenda Item #16D2),
which was approved by the Board of County Commissioners on Tuesday,
June 28, 2005.
The original document is being retained in the Minutes and Records
Department for public record.
If you have any questions, please call me at 732-2646 ext. 7240.
Thank you.
Enclosures
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 0 2
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 Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exc tion of the Chairman's si ture, draw a line throu h routin lines #1 throu #4, com lete the checklist, and forward to Sue Filson (line #5).
Office Initials Date
Stvncù
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee 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 Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A oved b the BCC
Type of Document
Attached
2.
3.
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
6. Minutes and Records
Clerk of Court's Office
Phone Number
Agenda Item Number
Number of Original
Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
1. OrigÍnal 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. This 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 ssibl State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t 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 ne otiated contract date whichever is a licable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
5. In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson 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 are f our deadlines!
6. The.-documentwas approvedby-the BCC-on (enter date) and aU changes
made during the meeting have been incorpor ed the attached document. The
Conn Attorne's Office bas reviewed the chan es, if a licable.
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I: Forms! eounty Formsl Bee Fonnsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05. Revised 2.24.05
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1602
ITEM NO.: Ò ~ - \:>~ .-(J:1J~
'1 qFFiCE QF nlE
C(JUNTY A7 TORNEY
2005 JUN 2 I f , M "I DA TE RECEIVED:
Mil I:!.¡ 2
FILE NO.:
ROUTED TO:
DO NOT WRITE ABOVE THIS SPACE (Orig. 9/89; Rev. 6/97)
REQUEST FOR LEGAL SERVICES
(Please type or print)
Date: June 20,2005 To: Office of the County Attorney, Attn: Robert Zachary
From: Amanda Oswald Townsend, Operations Analyst Þ /
(Name) (Title) dYbl
Public Services, Parks and Recreation
(Division) (Department)
Telephone # (Verv Important): 353-0404
. Re: limited license agreement for Jaycees July 4 event
(Subject)
BACKGROUND OF REQUEST /PROBLEM:
(Describe problem and give background information· be specific. concise, and articulate.)
Parks and Recreation is leasing Sugden Regional Park to the Naples Junior
Chamber of Commerce for their annual July 4th Fireworks event,
(Are there documents or other information needed to review this matter? If yes, attach and reference this information.)
The agreement is attached.
This item has not been previously submitted.
(If previously submitted provide County Attorney's Office File No.)
ACTION REQUESTED:
(Be very specific. Identify exactly what you need in the way of legal services.)
Please review for legal sufficiency and sign if deemed acceptable.
OTHER COMMENTS:
cc:
<All requests must be copied to your appropriate Division Head or Constitutional Officer.)
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1602
LIMITED USE LICENSE AGREEMENT
AGREEMENT BETWEEN THE BOARD OF COUNTY
COMMISSIONERS, COLLIER COUNTY, AND THE NAPLES
JUNIOR CHAMBER OF COMMERCE, INC., A NOT-FOR-
PROFIT FLORIDA CORPORATION, APPROVING USE OF
SPECIFIED COUNTY-OWNED PROPERTY FOR
CONDUCTING A JULY 4TH FIREWORKS FESTIVAL
Entered into this Z~f~ day of ()U~ ,2005 by and between the
Board of County Commissioners, Collier County, Florida, whose mailing address
is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as
"Board", and Naples Junior Chamber of Commerce, Inc. (Naples Jaycees) not-
for-profit Florida corporation, whose mailing address is P.O. Box 10416, Naples,
Florida 34101, hereinafter referred to as "Organization".
WHEREAS, the Organization requests the use of County-owned land for
the purpose of holding activities for conducting a Naples Jaycees July 4th Festival
and Fireworks Display to be held on July 4, 2005.
WHEREAS, the Board is willing to approve the use of County-owned land
for such purposes as are specified herein:
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOllOWS:
1. The Board hereby approves the use of a portion of County-owned property
identified as Sugden Regional Park as shown in Exhibit "A" attached hereto
and made a part hereof, hereinafter referred to as the "Property" for the
purpose of holding activities for a July 4th Festival, hereinafter referred to as
the "Event". The Board hereby grants the Organization the right to
photograph, record, televise, broadcast, distribute, exhibit, advertise and
promote the Event. The Board has rights to use pictures for promotion of this
program. Use of the Property by the Organization shall be from July 3rd
through July 5th. The park will remain open to the public during these times.
The day of the event only pedestrian public traffic will be allowed to enter the
park
2. The organization shall be responsible for all on and off-site Event operations
and revenue as well as the administration of all revenue derived from the
Event. The Organization shall have the sole right and responsibility with
respect to the granting of concessions (such as food, beverages, programs),
sponsorship and merchandising rights and the revenue therefrom subject to
approval of the Public Services Administrator.
3. The Organization shall monitor, control and assume responsibility for all
activities, vendors, licensees, and invitees associated with holding of the
------~
1602
Event, such responsibility not being limited to trash collection and clean-up of
the Property. Repair of damaged areas will be at the expense of the
Organization. Board shall not be obligated or required to improve, repair, or
maintain the Property or any part thereof in any manner whatsoever.
4. The Organization shall acquire all permits required by Collier County and any
other governmental entity to conduct such an event and related activities on
the Property. The Or~anization shall ensure clean up of the Property by close
of business on July 5 .
5. Prior to making any changes, alterations, additions or improvements to the
Property, the organization shall provide to the Parks and Recreation
Department, in writing, all proposals and plans for alterations, improvements,
changes or additions to the Property. The Organization covenants and
agrees in connection with any maintenance, repair work, erection,
construction, improvement, addition or alteration of any authorized
modifications, additions or improvements to the Property, to observe and
comply with all present and future laws, ordinances, rules, regulations, and
requirements of the United States of America, State of Florida, County of
Collier, and any and all governmental agencies. All permanent alterations,
improvements, and additions to the Property shall, at once, when made or
installed, be deemed as attached to the freehold and to have become the
property of Collier County and shall remain for the benefit of the County at the
end of the term set forth in this agreement in as good order and condition as
they were when installed, reasonable wear and tear excepted; provided,
however, if Board so directs, the Organization shall promptly remove all
portable and non-permanent additions, improvements, alterations, fixtures
and installations which were placed in, on, or upon the Property on behalf of
the Organization, and repair any damage caused to the Property by such
removal.
6. Organization agrees that the Event will be managed in such a way as to
comply with all other Collier County ordinances, codes and Parks and
Recreation Department policies. In particular, the event noise, except the
fireworks themselves, will be managed to limit any sound amplification to
meet the Collier County Noise Ordinance. There shall be no on-site sales,
promotion, or consumption of, alcoholic beverages within the park
boundaries. There shall be no on-site sales and promotion of any tobacco
product within the park boundaries.
7. Organization agrees to:
A. Provide on or before March 30th to the Parks and Recreation Department
and appropriate Development Services staff an application for a special
events permit. A logistical schedule of events (e.g. deliveries, set-up,
1602
clean up, etc.) will be included within the special events permit application
package.
B. Meet on the Property on or before June 4, 2005 with representatives from
the Collier County Parks and Recreation Department, the East Naples Fire
Control District, the Collier County Sheriff's Department and Collier County
EMS. The Organization will have or will have provided in advance of the
meeting:
1. Fire Retardant Certificates and safety inspection for all tents to the
East Naples Fire Department;
2. A copy of the certificates of all insurance required by this agreement,
3. A security, parking and pedestrian crossing plan agreed to in writing by
the Collier County Sheriff's Department,
4. Written confirmation for on and required off-site fire protection from the
East Naples Fire District and/or other authorized County Fire Districts,
5. Written confirmation for on-site Emergency Medical Services from the
Collier County EMS Department, and
6. A copy of the organization's "Chairman's Planning Guide".
C. Collier County reserves the right to add the following entertainment:
A one-hour performance by the United States Military Academy Jazz
Knights from 7 pm to 8 pm and a parachute jump by the United States
SOCOM Parachute Team at 4 pm. The Organization is released from the
requirements of paragraphs 2 and 3 of this agreement with respect to the
entertainment provided by Collier County.
8. Organization agrees to manage the Event as outlined within the Chairman's
Planning Guide prepared by Organization. Such plans shall be made a part
of this Agreement. Revisions to the Chairman's planning Guide after the
meeting of June 4, 2005 referenced in paragraph seven (7-B) will require the
review and approval of the Public Services Administrator. Should inclement
weather require cancellation of the event on July 4th, such a decision will be
made in conjunction with the Organization and the Public Services
Administrator as agreed to by the Organization and the Public Services
Administrator, July 5, 2005. All subsequent dates of this agreement will be
adjusted accordingly.
9. The Organization agrees that all persons involved with the handling of
fireworks will be qualified personnel and all persons involved with the igniting
of fireworks will be licensed pyro-technicians. In addition the Organization
agrees that a professionally produced fireworks show with a minimum value
of $25,000 will be provided.
10. Organization shall indemnify, defend and hold harmless Board, its agents and
employees from and against any and all liability (statutory or otherwise),
damages, claims, suits, demands, judgments, costs, interest and expenses
1602
(including, but not limited to, attorneys' fees and disbursements both at trial
and appellate levels) arising, directly or indirectly, from any injury to, or death
of, any person or persons or damage to property (including loss of use
thereof) related to (A) Organization's use of the Property, (B) any work or
thing whatsoever done or any condition created (other than solely by Board,
its employees, agents or contractors) by or on behalf of Organization in,
about, on or with the Property, (C) any condition of the Property due to or
resulting from any default by Organization in the performance of
Organization's obligations under this Agreement, and (D) any act, omission
or negligence of Organization, its agents, contractors, employees,
subtenants, licensees or invitees. In case any action or proceeding is brought
against any of the above by reason of any 9ne or more thereof, Organization
shall pay all costs, attorneys' fees, expenses and liabilities resulting therefrom
and shall defend such action or proceeding if Board shall so request, at
Organization's expense, by counsel reasonably satisfactory to Board, except
where such damage or injury is the result of the gross negligence or willful
misconduct of the Board or its employees
11. The Organization accepts the property "as is." The Board shall not be liable
for any injury or damage to any person or property caused by the 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.
12. The Board shall not be liable for any loss of property, including loss due to
petty theft of any property occurring on the Property or any part thereof. The
Organization agrees to hold the Board harmless from any claims for
damages, except where such damage or injury is the result of the gross
negligence or willful misconduct of the Board or its employees.
13. (a) Organization shall provide and maintain special event general liability and
property liability insurance policy(ies), approved by the Collier County Risk
Management Department for not less than One Million Dollars and No/Cents
($1,000,000) combined single limits during the term of this Agreement.
(b) Collier County shall be listed as additional insured on the commercial
general liability policy. Evidence of such insurance shall be provided to the
Collier County Risk Management Department, 3301 East Tamiami Trail,
Administration Building, Naples, Florida, 34112, for approval prior to the
commencement of this Agreement; and shall include a provision requiring ten
(10) days prior written notice to Collier County c/o County Risk Management
Department in the event of cancellation or changes in policy(ies) coverage.
Board reserves the right to reasonably amend the insurance requirements by
issuance of notice in writing to Organization. Upon receipt of such notice,
Organization shall have ten (10) days in which to obtain such additional
insurance.
1602
14. This Limited Use License Agreement shall be administered on behalf of the
Board by and through the Collier County Parks and Recreation Department.
15. It is the responsibility of the Organization to properly notify the general public
of closed roads and designated parking areas. In particular notification shall
be provided to all homes located on Outer Drive, Lombardy Lane, Dale
Avenue, Pineland Avenue, Cindy Avenue, Mohawk Place, Mindi Avenue,
Rose Avenue, and Poplar Way. The Organization shall ensure that the park
and all park facilities remain open and accessible to the public.
16. This Agreement is not assignable. Any attempt to assign shall be void ab
initio.
17. The Rental Rate for the festival is $800. The Board of County Commissioners
will accept in-kind services as payment for the rental rate in the form of
advertising of a value equal to or greater than the rental rate. Specifically,
"Collier County" or the Collier County Logo is to appear on all printed
promotional materials related to the event, and Collier County is in all
instances to be recognized as a co-sponsor of the event.
18. This Agreement represents a bare license for the Organization's use of the
property and does not convey any estate in the Property or create any
interest therein whatsoever.
19. The Organization represents and warrants to the Board that no hazardous
materials will be discharged to the air, grounds, sewer, or to any septic
system on the Property except fireworks are planned to be discharged in the
air and on the ground according to plan.
20. The Organization shall be responsible for paying all taxes and charges
associated with or resulting from the holding of this Event.
21. Pursuant to this Agreement, the Board shall provide twenty-five thousand
dollars ($25,000) for the Festival. The funding is to be used for permit fees,
park fees, entertainment fees, sheriff's department fees, carnival fees and/or
fireworks fees. Funds will be paid on a reimbursement basis upon the
submission of copies of paid invoices. All invoices will be signed by the
President or Treasurer of the Naples Junior Chamber of Commerce attesting
that the goods are services indicated by the invoice were received.
22. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
1602
IN WITNESS WHEREOF, the parties hereto have made and executed this
Limited Use License Agreement as of the day and year first above written,
AS TO THE ORGANIZATION:
NAPLES JUNIOR CHAMBER OF
COMMERCE, INC.
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AS TO THE COUNTY:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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