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Art League of Marco Island Inc.TO: FROM: DATE: RE: MEMORANDUM Sue Filson, Administrative Assistant Board of County Commissioners Michael Dowhng \ ~ '~-' ; Real Properly Specialist Real Property Management Department November 2, 1999 Execution of a Limited Use License Agreement Art League of Marco Island, Inc. RECBV_I=n NOV 0 2 1999 ~ard ~f Cou~t~ Co~misstor~r$ For execution by the Chairman of the Board of County Commissioners, please find attached the referenced Agreement. The "Blanket" Resolution authorizing the Chairman of the Board of County Commissioners to execute thc attached Agreement ,,vas approved by thc Board of County Commissioners on January 12, 1999, item 16 D (2), as Resolution # 99-55. Please forward the document to Ellie Hoffman. Recording Secretary_. for attestation by the Clerk to the Board. Ms. Hoffman will then call me at extension 8991 for document pick-up. Thank you. Attachment as stated LULA: # 918 LIMITED USE LICENSE AGREEMENT LIMITED USE LICENSE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA AND THE ART LEAGUE OF MARCO ISLAND, INC., A NON-PROFIT FLORIDA CORPORATION, APPROVING TIlE USE OF COUNTY-OWNED LAND FOR THE PURPOSE OF HOLDING AN OUTDOOR ART SltOW. This Limited Use License Agreement entered into this ~,,~e... dayOfo~n~ 1999 by and between the Board of County Commissioners, Collier County, FI g addre~----'ia 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "Board", and The Art League of Marco Island, Inc., a non-profit Florida corporation, whose mailing address is !010 Winterberry Drive, Marco Island, Florida 34145, hereinafter referred to as "League". WHEREAS, the League requests the use of County-owned land for the purpose of vehicle parking for the League's annual art shows which are to be held from sunrise to sunset, unless otherwise specified, on November 13, 1999; January 15, 2000; February 5, 2000 (from sunrise to 2:00 a.m.); February 12, 2000; February 13, 2000; March 11, 2000 and March 12, 2000, in which the proceeds generated by the shows will enhance the League's ability to provide cultural activities to the community; anti WHEREAS, the Board is willing to approve the use of County-owned land for such purposes; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: I. The Board hereby approves the use of County-owned property identified as the parking lot of the Old Marco Island Library facility located at 1041 Winterberry Drive, Marco Island, Florida, hereinafter referred to as "Property", for the purpose of vehicle parking for the League's annual art shows on the dates specified below. 2. The Board approves the use ofthe Property by the League for the following dates: November 13, 1999; January 15, 2000; February 5, 2000; February 12, 2000; February 13, 2000, March 11, 2000 and March 12, 2000. 3. The League shall monitor, control and assume responsibility for all activities, vendors, licensees, and invitees associated with holding of such an event, such responsibility not being limited to trash collection and clean-up of the Property. Board shall not be obligated or required to improve, repair, or maintain the Property or any part thereof in any manner whatsoever. 4. The League shall acquire any and all permits required by Collier County and any other governmental entity to conduct such an event and related activities on the Property. The League shall post a Four Hundred and No/100 Dollars ($400.00) cash bond with the Real Property Management Department by November 5, 1999, to insure adequate clean-up of the property at the termination of this Limited Use License Agreement. It is understood and agreed that this bond is not intended to replace League's obligation to clean up the Property at the completion of its activities under this Limited Use License Agreement. The Real Property Management Department shall return such bond to League if said Property is cleaned up in a timely and proper manner as required herein. $. Prior to making any changes, alterations, additions or improvements to the Property, the League will provide to Board, in writing, ali proposals and plans for alterations, improvements, changes or addifion~ to tho Property. The League covenants and agrees in connection with any maintenance, repair work, ere~ion, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Property, to observe and comply with ali present and future laws. ordinances, rules, regulatiorm, and requirements of the United States of America, State of Florida, County of Collier, and any and all governmental agencies. All alterations, improvements, and additions to the Propeay shall, at once, when made or installzd, bz deemed as attached to the freehold and to have become the property of Collier County and shall remain for tho benefit of the County at the end of the term set forth in this agreement in as good order and condition ss th~'y were installed, reasonable wear and tear excepted; provided, however, if Board so directs, the League shall promptly remove the additions, improvements, alterations, fixtures and installations which wer~ placed in, on, or upon the Property by the League, and repair any damage caused to the Property by such removal. 6. Thc League shall provide and maintain general liability insurance policy(les), approved by the Collier County Risk Manager, for not less than Three Hundred Thousand and No/Dollars ($300,000.00) combined single limits during thc term of this Agreement. Such insurance policy(ic,~) shall list Collier County u an additional insured thcrcon. Evidcncc of such insurancc shall bc provided to thc Collicr County Risk Manager, 3301 East Tamiami Trail. Administration Building, Naples, Florida, 34112, for approval prior to November 3, 1999; and shall include a provision rcquiring Icn (10) days prior wriltcn no;icc to Collier County c/o County Risk Manager in thc event of cancellation. 7. This Limited Use License Agreement shall bc administered on behalf of the Board by and through the Collier County Real Property Management Departmcnl. 8. The League agrees to hold harmless and defend Collier County, the Board of County Commissioners of Collier County, Florida and their agents and employees, from any claims, assertion or cause of action for any loss, injury or damage to persons or property arising from or associated with the League's activities or use of the Property. The League further agrees to indemnify Collier County and the Board of County Commisaioner~ of Collier County for any costs, expenses or fees, including altomeys' fees, arising from any claims or cau~ of action for loss, injury or damage to persons or property arising from or associated with the League's activities or use of the Property. 9. Thc League covenants and agrees not to assign this Limited Usc License Agreement or to permit any other persons to occupy same without the written consent of Board. I0. The Board reserves the right to cancel and/or reschedule any or all of the above-described activities, scheduled for any or all of the above-listed days, upon fifteen (15) days notice to the League of Board's intent to reschedule and/or cancel. 11. The Board and Leagt,e specifically agree that this Agreement represents a license for the League's use of the Property and does not convey any estate in the Property or create any interest whatsoever. 12. The League represents and warrants to the Board that no hazardous materials will be discharged to the air, grounds, sewer, or to a septic system on the Property. 13. The League shall be responsible for paying all sales taxes, if applicable, and all other taxes and charges associated with or resulting from the holding of this event. 14. The sale ofalcoholic beverages shall be prohibited on the Property during this event. 15. This Agreement shall become effective upon cxeculion by both the Board and the League. 16. This Agreement is governed and construed in accordance with the laws of the State of Florida. 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 LEAGUE: DATED: ~)c~~__ O~gith~ss (signature) (print ~name) ~ Witfiess (signature) (print name) THE ART LEAGUE OF MARCO ISLAND, INC. a Florida Non-profit Corporation ~~t / AS TO ~ BOARD: ATTEST:: · .. DW~G~FI~ ~'R, OCK, Clerk $ ~. ,:,z'.'.~ , Approved ~ to fo~ ~i~ ~un~ Altomey BY: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA