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Backup Documents 03/25/2014 Item #16G7 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE1 6 G Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,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#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office 4. BCC Office Board of County Commissioners ` 1Z 5. Minutes and Records Clerk of Court's Office 3(25(114 (2..05pm PRIMARY CONTACT INFORMATION 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,may need to contact staff for additional or missing information. Name of Primary Staff Debbie Brueggeman Admin,Airport Phone Number 642-7878 E t. 34 Contact/ Department Authority Agenda Date Item was March 25,2014 Agenda Item Number I6G7 Approved by the BCC Type of Document Harvest Festival Event Site License Number of Original 1 Attached Agreement Documents Attached PO number or account N/A number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. 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. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. M*'\(.■ 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tall assee within a certain "TC1* time frame or the BCC's actions are nullified. Be aware f yo deadlines! --1 �` 8. The document was approved by the BCC on 3/25/14 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by %e BCC, all changes directed by the BCC have been made,and the document is ready f• the Chairman's signature. e I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16G7 MEMORANDUM Date: March 25, 2014 To: Debbie Brueggeman, Operations Coordinator Collier County Airport Authority From: Teresa Cannon, Deputy Clerk Minutes and Records Department Re: Harvest Festival Event Site License Agreement Attached for is a copy of the document referenced above (Item #16G7) adopted by the Collier County Board of County Commissioners on Tuesday, March 25, 2014. The original document is being held in the Minutes & Record's Department for the Board's Official Record. If you have any questions, please contact me at 252-8411. Thank you. Attachment 16G7 SITE LICENSE AGREEMENT: HARVEST FESTIVAL EVENT AT IMMOKALEE REGIONAL AIRPORT LICENSE AGREEMENT BETWEEN THE COLLIER COUNTY AIRPORT AUTHORITY AND THE IMMOKALEE CHAMBER OF COMMMERCE, APPROVING THE USE OF COUNTY-OWNED PROPERTY FOR THE PURPOSE HOLDING THE HARVEST FESTIVAL. This SITE LICENSE AGREEMENT entered into this 04 day of lt{((c Ii , 2014, by and between the Board of County Commissioners, in its capacity as the Collier County Airport Authority, whose mailing address is c/o Airport Authority Director, 2005 Mainsail Drive, Suite 1, Naples, Florida 34114, hereinafter referred to as AUTHORITY, and the Immokalee Chamber of Commerce, whose mailing address is 1300 N. 15th Street, Suite 2, Immokalee, Florida 34142, hereinafter referred to as PERMITEE. WHEREAS, the PERMITEE requests the use of County-owned land for the purpose of holding activities for PERMITEE, which are to be held on March 29, 2014. WHEREAS, the AUTHORITY is willing to approve the use of the subject County- owned land for such purposes. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN AND OTHER VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS: 1. The AUTHORITY hereby licenses real property in Collier County, Florida, described as open areas at the Southwest portion of the Immokalee Regional Airport, further shown in Exhibit "A" attached and made a part hereof, hereinafter referred to as "Property" for the purpose of vehicle parking for a Harvest Festival. 2. The approval of the use of the Property by the PERMITEE shall extend from 6:00 am until 10:00 pm on March 29, 2014. In the event PERMITEE should fail to return the Property to its pre-event condition by 12:00 pm March 30, 2014, the County shall impose a penalty of $1,000.00 per hour or portion thereof. 3. The PERMITEE shall monitor, control and assume responsibility for all activities, vendors, licensees, and invitees associated with such event, such responsibility not being limited to trash collection and clean-up of the Property. The PERMITEE accepts the Property "as is". AUTHORITY shall not be obligated or required to improve, repair, or maintain the Property or any part thereof in any manner whatsoever. PERMITEE agrees to provide adequate personnel for the timely removal of all event items and remnants. 4. The PERMITEE shall acquire any and all permits required by Collier County and any other governmental entity, including and not limited to an event waiver, to conduct such event and related activities on the Property prior to the dates of the intended event. Said permits are 1 16G7 issued by the Planning and Permitting Department located within the Collier County Growth Management Division building on Horseshoe Drive. 5. The PERMITEE shall pay Three Hundred Sixty and No/100 Dollars ($360.00) by or on March 28, 2014, plus any applicable sales and/or use taxes for use fee of the Property. 6. NON-PERMANENT IMPROVEMENTS: Prior to making any changes, alterations, additions or improvements to the Property, the PERMITEE will provide to AUTHORITY, in writing, all proposals and plans for alterations, improvements, changes or additions to the Property. The PERMITEE 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 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 AUTHORITY's staff so directs, the PERMITEE shall promptly remove the additions, improvements, alterations, fixtures and installations which were placed in, on, or upon the Property by the PERMITEE, and repair any damage caused to the Property by such removal. 7. This Agreement hereby expressly adopts and incorporates by reference as if fully set out herein the attached Exhibit "B": the Collier County Airport Authority Contract Insurance Requirements. All terms and conditions of such Agreement are deemed to apply to this Site License Agreement and PERMITEE expressly agrees to abide by the conditions listed in Exhibit «B» 8. This Agreement shall be administered on behalf of the AUTHORITY by and through the Collier County Airport Authority. 9. The PERMITEE, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, shall indemnify, defend and hold harmless Collier County, the AUTHORITY, the Board of County Commissioners and all of each entity's respective agents and employees from and against any and all liability (statutory or otherwise), damages, claims suits, demands,judgments, costs, interest and expenses (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) PERMITEE'S use of the Property, (B) any work or thing whatsoever done, or any condition created (other than by AUTHORITY, its employees, agents or contractors) by or on behalf of PERMITEE in or about the Property, (C) any condition of the obligations under this Agreement, or (D) any act, omission or negligence of PERMITEE or its agents, contractors, employees, subtenants, licensees, invitees or patrons. In case any action or proceeding if AUTHORITY shall so request, at PERMITEE'S expense, by counsel reasonably satisfactory to AUTHORITY. 2 16G7 The AUTHORITY shall not be liable for any injury or damage to 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 in construction of any public or quasi-public works. The AUTHORITY shall not be liable for any damages to or loss of, including loss due to petty theft, any property, occurring on the Property or any part thereof, and the PERMITEE agrees to hold the AUTHORITY harmless from any claims or damage, except where such damage or injury is the result of the gross negligence or willful misconduct of the AUTHORITY or its employees. The County shall not be responsible for any loss, theft or damage to any vehicle using the designated vehicle parking area. 10. The PERMITEE covenants and agrees not to assign this Agreement or to permit any other persons to occupy same without the prior written consent of the AUTHORITY's staff 11. The Collier County Airport AUTHORITY 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 ten (10) days notice to the PERMITEE of the Department's intent to reschedule and/or cancel. If the AUTHORITY cancels the event, all monies will be returned to PERMITEE in a timely manner. 12. Any notice to be given by either party to the other pursuant to the provisions of this Agreement shall be in writing, but may be delivered by mail, fax, email or any other means of actual written notice. Notice shall be effective upon actual receipt by the addressee. 13. The AUTHORITY and PERMITEE specifically agree that this Agreement represents a Bare License with no interest coupled thereto for the PERMITEE'S use of the Property and does not convey any estate in the Property or create any interest whatsoever. 14. The PERMITEE represents and warrants to the AUTHORITY that no hazardous materials will be discharged to the air, grounds, sewer, or to a septic system on the Property. At termination of this Agreement, at no cost to the AUTHORITY, the AUTHORITY may request that the PERMITEE conduct and provide to the AUTHORITY an environmental audit, which shall contain a written declaration from an environmental consultant acceptable to AUTHORITY, which verifies that the Property which is the subject of this Agreement is in compliance with all applicable State and Federal environmental laws, and that the property surrounding the Property is free from contamination. The PERMITEE acknowledges its obligation hereunder for the cost of conducting the environmental audit, bringing the subject facilities into compliance and any and all costs for clean up, removal and remediation, if any, but only if such clean up, removal and remediation is the result of acts of the PERMITEE during the period of the event. PERMITEE shall not be responsible for clean up, removal and remediation of any existing environmental condition prior to the date of the event. 15. The PERMITEE shall be responsible for paying all applicable sales taxes, and charges associated with or resulting from the holding of this event. 3 16G7 16. At its sole cost, the PERMITEE shall be responsible for contracting bona-fide security or police protections for crowd and/or traffic control in sufficient numbers to protect the health welfare and safety of the public attending the event. PERMITEE shall be solely responsible for obtaining and compensating personnel to handle all parking requirements. Parking requirements include personnel necessary for the maintenance of the adequate and acceptable flow of traffic entering and leaving the event. If PERMITEE fails to provide such personnel and County staff, agents, employees or workers must be used to handle traffic congestion issues; PERMITEE shall reimburse Collier County for such costs. 17. This Agreement is governed and construed in accordance with the laws of the State of Florida. This License shall not be construed for or against a party because that party wrote it. Any action or proceeding arising from this License 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 PERMITEE: IMMOKALEE CHAMBER OF COMMERCE NV,Cmuew) By: r! .L!. # 1111..e. ri_ Witness (signature) ---6e i vla al0 (r 14 kg A , President M /Ow er 6 (print name) .411 1b6-7`4(2(.1° Witness (signa re) Of ‘-\C\,1 ,e IhVAC\S (print name) AS TO THE AUTHORITY: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA, IN ITS CAPACITY AS THE COLLIER COUNTY r ; AIRPORT AUT ORITY _, B . k DY: _ i. A est asp: • an,seputy'Clerk ► •� , CHA 'MAN Sign ature�p � .�.' Approved:,. oil .!In and legality: """"-" -°-- ( Item# 1 toy 4 \, Jeffrey A. ¶ako Agda County Att „!y Date,(Date 11, )5 �� Date � II 4 Fec'd I°� �� __C C ...... .... ............ ..... 16G EXHIBIT A N 0281 get (1/ E 744D -E s Q 4 bl ••-3 PO Peck 4- 535Feet } 3801---� (Zts � Exhibit"B" 1 6 C COLLIER COUNTY AIRPORT AUTHORITY CONTRACT INSURANCE REQUIREMENTS TYPE LIMITS (Check) Workers' Compensation Statutory Limits of Florida Statutes 440 and Federal Government Statutory Limits and Requirements Employer's Liability $500,000 $1,000,000 X Commercial General $500,000 per occurrence X $1,000,000 per occurrence Liability (Occurrence Form) bodily injury and property bodily injury and property patterned after the current damage damage ISO form with no limiting endorsements. Airport Liability Insurance $500,000 per occurrence $1,000,000 per occurrence bodily injury and property bodily injury and property damage damage Hangarkeepers Liability $500,000 per aircraft $1,000,000 per aircraft Aircraft Liability Insurance $500,000 per occurrence $1,000,000 per occurrence bodily injury and property bodily injury and property damage damage Business Automobile $500,000 per occurrence $1,000,000 per occurrence Insurance bodily injury and property bodily injury and property damage damage Pollution Liability Insurance $500,000 per occurrence $1,000,000 per occurrence bodily injury and property bodily injury and property damage damage Property Insurance Replacement Cost-All Risks of Loss INDEMNIFICATION: To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE--The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida No County Division, Department, or individual name should appear on the Certificate. No other format will be acceptable. Thirty (30) Days Cancellation Notice required on Agreements exceeding 6 months. The contract name and number shall be included on the certificate of insurance. Collier County shall be shown as an "ADDITIONAL NAMED INSURED" on property policies where an interest in improvements and betterments is made, as its interests may appear. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability and/or Airport Liability where required. C.) 4 . ( ) G 7 i.'--.1 ® DATE(MM/DD/YYYY; AC RQ CERTIFICATE OF LIABILITY INSURANCE 2/27/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1CONTACT NAME. Bruce Hendry Insurance, Inc. PHONE 239-657-3614 1FAX 0)239-657-6468 711 W. Main Street Arc,No.Ext): ADDRESS karen@brucehendryinsurance.com Immokalee, FL 34142 I INSURER(5) AFFORDING COVERAGE NAICS L023031 I INSURER A MOUNT VERNON FIRE INSURANCE CO INSURED THE IMMOKALEE CHAMBER OF COMMERCE, INC I INSURER B:__ 1 1300 N 15TH ST #2 I INSURER C IMMOKALEE, FL 34142 INSURER D I INSURER E: (239) 657-3237 (INSURER F• COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. mOR i :ADM I SUSR I ! POLICY EFF POLICY EXP QTR I TYPE OF INSURANCE I INSR 1 WVD I POLICY NUMBER i(MMIDO?YYYV) (MM/DD/YYYY) I LIMITS I GENERAL LIABILITY I EACH OCCURRENCE 1$ 1,000,000 ; j 1 • DAMAGE 10 RFNIED I X COMMERCIAL GENERAL.LIABILITY ! I PREMISES(Ea occurrence) I$ 100,000 I i I CLAIMS-MADE X I OCCUR I I I MED EXP(Any one person) I$ _5 000 A 1 ! BINDER #14-003626 02/24/2014 02/24/2015 I PERSONAL aADV INJURY '$ 1,000,000 7-1 ' GENERAL AGGREGATE I 5 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER I PRODUCTS-COMPRDP AGO I$ 1,0 0 0,0 0 0 hi POLICY i ?