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Art League of Marco Island, Inc. (dated 11-10-03)MEMORANDUM TO: FROM: DATE: RE: Sue Filson, Administrative Assistant Board of County Commissioners Michael Dowling ~ Real Property Specialist Real Property Management Department November 19, 2003 Execution of a Limited Use License Agreement Art League of Marco Island, Inc. 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 the attached Agreement was approved by the Board of County Commissioners on January 28, 2003, item 16 E (1), as Resolution # 2003-45. Thank you. Attachment as stated LIMITED USE BARE 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 THE USE OF COUNTY-OWNED PROPERTY FOR THE PURPOSE OF AN ART AND CRAFT SHOW AND PARKING. This Limited Use License Agreement entered into this lC, day of ~rsx/F__M~ , 2003, 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 The Art League of Marco Island, Inc., a non-profit Florida corporation, whose mailing address is 1010 Winterberry Drive, Marco Island, Florida 34145, hereinafter referred to as PERMITEE. WHEREAS, the PERMITEE requests the use of County-owned land for the purpose of conducting activities for an art and craft show and parking for PERMITEE, which are to held on January 17, 18; February 7, 8,22; and March 13, 14, 2004. WHEREAS, the Board 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 Board hereby approves the use of County-owned property identified as 1041 Winterberry Drive, Marco Island, Florida, hereinafter referred to as "Property" for the purpose of holding activities: art and craft show and parking. 2. The approval of the use of the Property by the PERMITEE shall be for dates specified above. 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". Board shall not be obligated or required to improve, repair, or maintain the Property or any part thereof iii any manner whatsoever. 4. The PERMITEE shall acquire any and all permits required by Collier County and any other governmental entity to conduct such event and related activities on the Property prior to the dates of the intended event. Said permits are issued by the Planning and Permitting Department located within the Collier County Development Services building on Horseshoe Drive. 5. The PERMITEE shall post a Five Hundred and No/100 Dollars ($500.00) bond in the form of cash with the Collier County Real Property Management Department at least ten (10) days prior to the scheduled event to insure adequate clean-up of the Property at the termination of this Limited Use License Agreement. This bond is not intended to replace PERMITEE'S obligation to clean up the Property at the completion of its activities under this Agreement. The bond shall be forwarded to the Real Property Management Department, Administration Building, 3301 East Tamiami Trail, Naples, Florida 34112. The Real Property Management Department shall return said bond to PERMITEE within thirty (30) days from the last day of the event, if said Property is cleaned up in a timely and proper manner as required herein. 6. NON-PERMANENT DvgPROVEMETNS: Prior to making any changes, alterations, additions or improvements to the Property, the PERMITEE will provide to Board, 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 Board'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. The PERMITEE shall provide and maintain general liability insurance policy(ies), approved by the Collier County Risk Manager, for not less than Five Hundred Thousand and No/Dollars ($500,000.00) combined single limits during the term of this Agreement. Such insurance policy(ies) shall list Collier County as an additional insured thereon. Evidence of such insurance shall be provided to the Collier County Real Property Management Department, 3301 East Tamiami Trail, Administration Building, Naples, Florida, 34112, for approval prior to January 5, 2004 and shall include a provision requiring ten (10) days prior written notice to Collier County c/o County Risk Manager in the event of cancellation. 8. This Agreement shall be administered on behalf of the Board by and through the Collier County Real Property Management Department. 9. The PERMITEE 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, assertions or causes of action for any loss, injury or damage to persons or property arising from or associated with the PERMITEE'S activities and/or use of the Property. The PERMITEE further agrees to indemnify Collier County and the Board of County Commissioners of Collier County for any costs, expenses or fees, including attorneys' fees (including all appeals), arising from any claims or causes of action for loss, injury and/or damage to persons or property arising fi'om or associated with the PERMITEE'S activities an~or use of the Property. 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 Board's staff. 11. The Real Property Management Department 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. 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 Board 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 Board 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 Board, the Board may request that the PERMITEE conduct and provide to the Board an environmental audit, which shall contain a written declaration from an environmental consultant acceptable to Board, 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. 15. The PERMITEE shall be responsible for paying all applicable sales taxes, and charges associated with or resulting from the holding of this event. 16. The sale and/or consumption of alcoholic beverages shall be prohibited on the Property during this event unless expressly permitted by Collier County in writing. 17. 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 PERMITEE · DATED: (print name) THE ART LEAGUE OF MARCO ISLAND,INC. CHRISTINE NEAL, }~sme-~t '~l~--~:::TOP___. C~~ Witness ~igna~r~ '- (print name) AS TO THE BOARD: ATTEST: DWIGHT ..,E,,::~Rr-~,~ Clerk , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER CO2TY' 7?IDA i- 7_.B-Og Approved as to foIa~ an~d legal sufficiency: Thomas C. Palmer Assistant County Attorney 3