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Agenda 02/11/2014 Item #16G3 Proposed Agenda Changes Board of County Commissioners Meeting February 11,2014 Move Item 16A5 to Item 11C: Recommendation to approve a proposal from Coastal Planning& Engineering dated December 16,2013 for a historic beach performance report and presentation under Contract 09-5262-CZ,authorize budget amendment,authorize the County Manager or his designee to execute the work order for a not to exceed amount of$19,980.60,and make a finding that this expenditure promotes tourism. (Commissioner Nance and Commissioner Hiller's separate requests) Move Item 16A7 to Item 11D: Recommendation to approve a proposal with Humiston & Moore Engineers dated December 26,2013 for Professional Services to assist the County in developing current beach renourishment industry trends under Contract 09-5262-S2,authorize the necessary budget amendment and authorize the County Manager or his designee to execute the work order for a not to exceed amount of$10,000 and make a finding that this expenditure promotes tourism. (Commissioner Hiller's request) Withdraw Item 16E9: Recommendation to award Bid#13-6113, "Janitorial Services," to ISS Facility Services for County-wide janitorial cleaning and services. (Staff's request) Move Item 16G3 to Item 14A1 : Recommendation to approve a Third Amendment to License Agreement between the Collier County Airport Authority and Immokalee Regional Raceway, pending FAA approval, permitting, environmental and zoning compliance. (Commissioner Hiller's request) Continue Item 17C to the February 25,2014 BCC Meeting: Recommendation to adopt an ordinance amending Ordinance No. 97-8,as amended, relating to the Collier County False Alarm Ordinance. (Sheriff's request) Time Certain Items: 2/11/2014 16.G.3. EXECUTIVE SUMMARY Recommendation to approve a Third Amendment to License Agreement between the Collier County Airport Authority and Immokalee Regional Raceway, pending FAA approval, permitting, environmental and zoning compliance. OBJECTIVE: That the Board of County Commissioners, in its capacity as the Collier County Airport Authority (Authority), approves a Third Amendment to License Agreement between the Collier County Airport Authority and Immokalee Regional Raceway pending FAA approval, permitting, environmental and zoning compliance. CONSIDERATIONS: In April, 1999, the Authority entered into a License Agreement with RTH Enterprises, Inc., d/b/a Immokalee Regional Raceway (IRR), for the temporary use of property within the Immokalee Regional Airport as an "IHRA Sanctioned Drag Racing Strip." In 2002, the Authority and IRR entered into the First Amendment to this License Agreement in order to, among other things, extend the expiration date of the License Agreement to March 31, 2007. Since April 1, 2007, the Authority and Immokalee Regional Raceway through their intent and conduct extended the License Agreement on a month-to-month basis. In 2011, the Authority and IRR entered in to the Second Amendment of this License Agreement to memorialize the continuing month-to-month arrangement and revise fees owed by IRR. The proposed Third Amendment amends the lease boundaries to (1) include the entire closed Runway 4-22, including the bath house and areas of concession and other revenue generating areas of operations, (2) add a go-cart Track as an approved use, and (3) to update the insurance requirements and risks to include go-cart Track operations. It should be noted that the go-cart facility has been operational for approximately 7 years without authorization from the Airport Authority or the Board of County Commissioners. Pending this requested Board action those operations have been suspended. The uses allowed within the Immokalee Regional Airport are dictated by the Immokalee Regional Airport, Airport Operations Planned Unit Development (PUD), Ordinance #2010-07. The PUD is segmented into three separate development tracts: Airports Operations Tract, Industrial Tract and Expansion Tract. Each of these Tracts has the specific uses listed in the PUD that are permitted within each of the Tracts. The drag strip is situated within the Airport Operations Tract and is designated as a permitted use within that Tract. The go-cart course is also situated within the Airports Operation Tract, but is not listed as a permitted use. While the go-cart course shares similar use and impact characteristics as that of the drag strip, as noted, it is not a use that is listed in the Airports Operations Tract. The PUD does provide go-cart courses within the Industrial Tract of the PUD. The most expedient manner to potentially gain zoning compliance for the go-cart course would be to seek a comparable and compatible use determination, as provided for within permitted use L of the Airport Operations Tract, which reads, "Any other use that is comparable in nature with the foregoing list of permitted uses as determined by the BZA according to the process described in the LDC. " The process requires an applicant to submit an application establishing the facts as to why the use sought is comparable Packet Page-934- 2/11/2014 16.G.3. and compatible with the uses permitted, with an application fee of$1000 and an advertising cost of approximately $925. The determination is rendered by staff through an administrative process, but requires the determination be ratified by the Hearing Examiner within an advertised public hearing. The Board's approval of this amendment would allow for the resumption of the go-cart operations. The amendment however does not address other issues such as a revised lease rate commensurate with the expanded footprint and scope of operations. These additional issues will be addressed, with the assistance of the Real Property Management group, in the next phase of revising this License Agreement. It is estimated that this review will be completed in the next 90 days and the revised agreement will be presented to the Board at that time. FISCAL IMPACT: There is no Fiscal Impact associated with this Executive Summary. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote for approval. -JAK RECOMMENDATION: That the Board of County Commissioners, in its capacity as the Collier County Airport Authority, approves the attached Third Amendment to License Agreement between the Collier County Airport Authority and Immokalee Regional Raceway, pending FAA approval, permitting, environmental and zoning compliance. Prepared by: Gene Shue, Operations Director, Growth Management Division- C&M Attachments: 1) 3rd Amendment; 2) 1st Amendment to Licensing Agreement; and 3) 2nd Amendment; and 4) Bare License Agreement Packet Page-935- 2/11/2014 16.G.3. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.G.16.G.3. Item Summary: Recommendation to approve a Third Amendment to License Agreement between the Collier County Airport Authority and Immokalee Regional Raceway, pending FAA approval, permitting, environmental and zoning compliance. Meeting Date: 2/11/2014 Prepared By Name: BrueggemanDebra Title: Operations Coordinator, Airport Authority 2/4/2014 10:08:53 AM Submitted by Title: Director-Operations Support,Transportation Administration Name: ShueGene 2/4/2014 10:08:55 AM Approved By Name: ShueGene Title: Director-Operations Support,Transportation Administration Date: 2/4/2014 11:56:44 AM Name: LynchDiane Title: Supervisor-Operations, Road Maintenance Date: 2/5/2014 8:22:25 AM Name: LynchDiane Title: Supervisor-Operations,Road Maintenance Date: 2/5/2014 8:22:35 AM Name: VergoThomas Title: Manager-Airport,Airport Authority Date: 2/5/2014 8:36:44 AM Packet Page-936- 2/11/2014 16.G.3. Name: KearnsAllison ,. Title: Manager Financial &Operational Support,Transportation Administration Date: 2/5/2014 9:01:15 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 2/5/2014 9:13:50 AM Name:KlatzkowJeff Title: County Attorney, Date: 2/5/2014 9:19:54 AM Name: KlatzkowJeff Title: County Attorney, Date: 2/5/2014 9:42:18 AM Name: IsacksonMark Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget Date: 2/5/2014 9:57:33 AM Name: IsacksonMark Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget Date: 2/5/2014 10:25:36 AM Packet Page-937- 2/11/2014 16.G.3. THIRD AMENDMENT TO LICENSE AGREEMENT BETWEEN COLLIER COUNTY AIRPORT AUTHORITY AND IMMOKALEE REGIONAL RACEWAY,INC. WHEREAS, the Collier County Airport Authority ("Authority") entered into a License Agreement with RTH Enterprises, Inc., a Florida Corporation, D/B/A Immokalee Regional Raceway ("IRR") for the temporary use of property within the Immokalee Regional Airport as an"IHRA Sanctioned Drag Racing Strip,"hereinafter referred to as the "License Agreement." WHEREAS, on March 11, 2002, the Authority and IRR entered into the first amendment to the License Agreement; and WHEREAS, on March 22, 2011, the Authority and IRR entered into the second amendment to the License Agreement; and WHEREAS, a "Go-Cart Track" is presently operating in the vicinity of the operational area as defined in the License Agreement; and WHEREAS, neither the License Agreement or the zoning of the Immokalee Airport currently allows this use; and WHEREAS, the parties both wish to continue this use while at the same time actively moving to resolve these issues through a new License Agreement and zoning procedure. NOW,THEREFORE, said License Agreement is amended as follows: 1. Exhibit "A" of the License Agreement is deleted in its entirety and is replaced with the attached Exhibit A. 2. A new Exhibit "C," entitled Contract Insurance Requirements, is hereby added to the License Agreement. 3. The License Agreement is amended to authorize the present use of the Go-Cart Track operation. 4. Paragraph 5 is deleted in its entirety and is replaced with a new Paragraph 5 five that reads as follows: INSURANCE. IRR shall maintain insurance as outlined in Exhibit "C." Such insurance shall name the Collier County Board of County Commissioners as an additional insured. IRR shall maintain coverage of all improvements to the Facilities. Such insurance shall always be with a company licensed and authorized to conduct that insurance business in the State of Florida. 5. All other terms and conditions of the License Agreement, as amended, remain in full force and effect. Packet Page-938- 2/11/2014 16.G.3. IN WITNESS THEREOF, the parties hereto have signed this Third Amendment to License Agreement on this the day of 2014. RTH ENTERPRISES INC., A FLORIDA CORPORATION, D/B/A Immokalee Regional Raceway By: Date: Ralph T. Hester, President ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA, IN ITS CAPACITY AS THE COLLIER COUNTY AIRPORT AUTHORITY By: By: , Deputy Clerk TOM HENNING, CHAIRMAN Approved as to foltu and legality Jeffrey A. Klatzkow County Attorney Packet Page-939- L L W� a 2/ 2 .1 4 167f 3t' . _.,..,.. .z-sue «, n' ., ,a..b : 4i ma ; ��Yp t y✓. h Y 9 o z r Y .•-:.,.,,,v,,-„„,,' w ,. -_ k' I { `t.e�J. f xx�tip'° ,F, 3 �M"f ✓ # , t c J i W, r ,'p dM f` ,�..' 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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 X Business Automobile $500,000 per occurrence X $1,000,000 per occurrence Insurance bodily injury and property bodily injury and property damage damage X Pollution Liability Insurance X $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 Liquor Liability $500,000 per occurrence $1,000,000 per occurrence bodily injury and property bodily injury and property damage damage INDEMNIFICATION: To the maximum extent permitted by Florida law, the lessee 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 Contractor/Vendor/Consultant or anyone employed or utilized by the Contractor/Vendor/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. Packet Page-941- 2/11/2014 16.G.3. FIRST AMENDMENT TO LICENSING AGREEMENT BETWEEN COLLIER COUNTY AIRPORT AUTHORITY AND IMMOKALEE • REGIONAL RACEWAY,INC. WHEREAS,the Collier County Airport Authority("Authority")has an agreement with RTH Enterprises,Inc., a Florida Corporation, DB/A Immokalee Regional Raceway ("IRR")dated April 1, 1999 hereinafter referred to as the "Base Agreement". NOW,THEREFORE,said Licensing Agreement is amended as follows: 1. Paragraph(10)ten is deleted in its entirety and is replaced with a new paragraph (10) ten that reads as follows: A. Commercial Operating Privilege Fee—Two Hundred($200)per year. B. Commercial Activities Fee- $2,750 per month,plus applicable Florida taxes. C. Advertising Fee—50%of gross revenues derived from advertising concessions plus applicable Florida taxes. D. Deposit- $ 5,000. Authority shall retain any interest accrued thereon. 2. Delete paragraph(4)four in its entirety and replace it with the new paragraph(4) four that reads as follows: A. IRR will be permitted to operate the specified uses in said operational area at the Immokalee Regional Airport effective April 1,2002 through March 31,2007. B. This agreement may be terminated upon thirty(30) days written notice by either party to the other without liability by either party. This agreement and the IRR occupancy of said area shall always be at no cost to the Authority. 3. All other terms and conditions of the License Agreement remain in full force and effect. 4. IRR shall construct a temporary Lime Rock Road per exhibit B attached hereto and made a part hereof. IN WITNESS THEREOF,the parties hereto have signed this first Amendment to License Agreement this 11th day of March 2002. ATTEST: COL ER CO Y AIRPORT AUTHORITY V By: ohn H. Drury,A.A.E. Steve Price,Chairman Executive Director Gail Hambright 1 Packet Page-942- 2/11/2014 16.G.3. RTH Enterprises Inc.,a Florida Corporation,D :/A Immokalee ' • al Racy •"ay By: t!I ' ' (L.S.) 'rp, ester,President ATTEST to Mr.Hester's Signature: Signed by Mr.Hester in the presence of: -AL L1 ..� FIRST SS Print/Type Name . ITNESS- Print/Type Name Approval as to form and legal sufficiency: 1 O w% �uv - Thomas C.Palmer, Attorney for the Authority • 9 Packet Page-943- 2/11/2014 16.G.3. SECOND AMENDMENT TO LICENSE AGREEMENT, BETWEEN COLLIER COUNTY AIRPORT AUTHORITY AND IMMOKALEE REGIONAL RACEWAY. INC. WHEREAS, the Collier County Airport Authority ("Authority") entered into a License Agreement with RTH Enterprises, Inc., a Florida Corporation, D/B/A Immokalee Regional Raceway ("IRR") for the temporary use of property within the Immokalee Regional Airport as an"IHRA Sanctioned Drag Racing Strip,"hereinafter referred to as the"License Agreement" A copy of the License Agreement is attached hereto as Exhibit A; and WHEREAS, on March 11, 2002, the Authority and IRR amended the License Agreement in order to, among other things, extend the expiration date of the License Agreement to March 31, 2007. A copy of this first amendment to the License Agreement is attached hereto as Exhibit B; and WHEREAS, since April 1, 2007, the parties through their intent and conduct extended the License Agreement on a month-to-month basis, and IRR has continued its operations at the Immokalee Regional Airport pursuant to the terms and conditions set forth in the License Agreement, as amended; and WHEREAS,the Authority and IRR desire to further amend the License Agreement. NOW,THEREFORE, said License Agreement is amended as follows: 1. Paragraph 10 is deleted in its entirety and is replaced with a new paragraph (10) ten that reads as follows: A. Commercial Operating Privilege Fee—Two Hundred($200)per year. B. Advertising Fee — 50% of gross revenues derived from advertising concessions plus applicable Florida taxes. C. Deposit- $ 5,000.Authority shall retain any interest accrued thereon. D. Land Lease—Two Thousand Five Hundred ($2,500 per month). 2. Paragraph 4 is deleted in its entirety and is replaced with a new paragraph 4 that reads as follows: A. IRR will be permitted to operate the specified uses in said operational area at the Immokalee Regional Airport on a month-to-month basis effective April 1, 2011. The License Agreement and the 1RR occupancy of the leased area shall always be at no cost to the Authority. B. This Agreement may be terminated with or without cause upon thirty (30) days written notice by either party to the other without liability by either party. Should the Authority exercise this right, Tenant will be given six (6) months to vacate the premises and remove all of its improvements and fixtures. Packet Page-944- 2/11/2014 16.G.3. 3. All other terms and conditions of the License Agreement, as amended, remain in full force and effect. IN WITNESS THEREOF, the parties hereto have signed this Second Amendment to License Agreement on this the 2Zv%d day of ,2011. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA, IN ITS CAPACITY AS THE COLLIER COUNTY r , VIVAA AIRPORT AUTHORITY ti �, 1..' ,",d 1' BY test. asr FRED W. COYLE, Chairman ry RTH EN-fERPRESEg INC.,A FLORIDA CORPORATION, D/B/A Immokale, egional aceway By: .. /�� Attest:/� ' i �yr` Pritft • a v i e ,g,N7MEATAPF Corporate Secretary Approv,.+ as t .rm and leg. s 1i-ncy: Jeffrey "i” "1 County o y 2 Packet Page-945- 2/11/2014 16.G.3. _..._._._.---..._.. 3/22/2011 Item 13.A.1. Attachment A License Agreement Between Immokalee Regional Raceway and Collier County Airport Authority at the Immokalee Regional Airport RTH Enterprises Inc. DB/A Immokalee Regional Raceway Collier County Airport Authority P. O. Box 2023 2003 Mainsail Drive Immokalee,FL 34143 Naples, FL 34114 This is a BARE LICENSE Agreement between the Immokalee Regional Raceway (IRR) and the Collier County Airport Authority (Authority). This Agreement is for the temporary use of the area depicted in Exhibit"A". The area shall be for the sole purpose of"IHRA Sanctioned Drag Racing Strip."Drag Racing is an inherently risky activity. IRR must always faithfully satisfy all the requirements listed in this Agreement and all of its Exhibits and the IRR must at all times act in the utmost good faith with regard to all aspects of this Agreement. For the purposes of this Agreement, IRR includes the corporation and all person employed by IRR, all agents and other representatives of IRR, and all persons actually or constructively invited anywhere onto the Immokalee Airport because of any activity of IRR, including, but not limited to, its employees, agents and representatives, all crews, spectators, concessionaires, and patrons. The Executive Director of the Authority and the Manager of the Immokalee Airport are hereby authorized to administer this Agreement on behalf of the Authority. Only the Authority may amend this Agreement. "Airport" means the entire Immokalee Regional Airport. "Operational Area" means the area depicted as such in Exhibit "A" attached hereto. "Parking Area" is limited to the areas depicted as such on the attached Exhibit "A". t 1. No activity will be allowed which in the sole discretion of the Authority interferes with the safe operation of the Immokalee Regional Airport or that is unacceptable to the Authority or that in the judgment of the Airport Manager or the Executive Director of the Authority constitutes any type of hazard or nuisance. 2. All operations shall be limited to the area depicted on Exhibit"A"(operational area) and IRR will be responsible for all public control, security, clean-up of the Airport, and returning the site to its original condition after use. IRR shall keep the Airport clean of any and all trash, etc. brought onto the Airport by any person connected to IRR, including a complete policing of the entire Licensed Area as soon as possible after every race day. 3. IRR has constructed a vehicle access road from Airpark Boulevard to the operational area, as depicted in exhibit "A". IRR assets that the access road has been designed and constructed in accordance with all Federal, State, and County regulations. That road shall be maintained at no cost whatsoever to the Authority and shall automatically become the property of the Authority upon the termination of this Agreement. 4. IRR will be permitted to operate in said operational area at the Immokalee Regional Airport effective April 1. 1999 through March 31,2002. This agreement may be terminated upon 30 Packet Page-946- _ _ 2/11/2014 16.G.3.• 3/22, LlJ1J. Ia.Clla days written notice by either party without liability by either party. This Agreement and the IRR occupancy of said area shall always be at no cost to the Authority. 5. INSURANCE. IRR agrees to maintain in force at all times during the term of this agreement $3,000,000 Comprehensive General Liability Insurance and the Collier County Board of • County Commissioners will at all times be an"additional insured". An acceptable Certificate of Insurance evidenced such coverage shall be delivered to the Authority prior to the approval of this Letter of Agreement. 6. IRR agrees that its activity will not create any public or private nuisance and that the activity proposed shall be conducted in accordance with all Federal, State and local laws and in full accord with the I.mmokalee Regional Raceway Safety Plan including all exhibits thereto. 7. IRR shall identify and perform adequate measures to ensure that no persons who are on the Airport as a patron, guest employee, agent or in any way associated with IRR shall wander, venture or go outside of the area depicted on Exhibit"A". 8. IRR shall submit an acceptable plan identifying details, schedules, and personnel required to successfully conduct drag racing activity and a detailed Safety Plan prior to the Authority approving this Letter of Agreement. Once the plan is approved, it shall automatically and immediately he part of this Agreement. • 9. IRR shall indemnify and save harmless the Authority, Board of County Commissioners, members of their boards, their officers, agents, and employees of and from all claims, demands, debts, liabilities, and cause of action (including attorney fees and cost) whatsoever resulting from any operation or mere presence of IRR at the Immokalee Regional Airport 1 0. Fees: For the purpose of occupying the space and conducting commercial activities at the Airport. LRR shall pay the following fees: A. Occupancy Fee- $150 per month. 13. Commercial Activities Fee—$1,000 each week of any activity. C. Advertising Fee—50%of gross revenues derived from advertising concessions. D. Deposit - $5,000. Authority shall retain any interest accrued thereon. Occupancy Fee: Shall be paid in advance and without demand on the first of each month throughout the term of this agreement. Prompt payment is essential. The Authority will not tolerate any late payment of any fees. Commercial Activities Fee: For each week that the raceway is "active" IRR shrill pay to the an additional $1,000 "Activity fee." "Active" shall mean any vehicle operations taking place during the respective week (Monday through Sunday) on the raceway for any purpose (testing, racing etc.). At a minimum the raceway shall be deemed to he active (whether actually active or not) twenty-four (24) weeks per License Agreement Year. IRR shall pay $2;000 per month beginning May 1. 1999 to cover said twenty-four (24) minimum active Packet Page-947- 2/11/2014 16.G.3. 3/22/2011 Item 13.A.1. weeks, Each year on March 31 IRR shall provide Authority with a statement identifying the number of weeks the raceway was actually"active" and"deemed" active during the previous twelve (12) month period. If raceway was "active" more than any twenty-four (24) of those weeks, IRR shall issue payment with the statement in the amount of 51,000 for each "active" week over.the"deemed"twenty-four (24)week minimum. Advertising Fee: At the end of each month IRR shall issue to the Authority a statement along with payment in the amount of 50% of all gross advertising revenue received by IRR during that month. It is contemplated that IRR will sell advertising by allowing advertisers to display advertising signs on the concrete barrier walls of the raceway opposite the spectator viewing area_ The Director of the Airport Authority may require immediate removal of any advertising that he deems to be inappropriate or be in an unapproved location; it is, therefore. recommended that if there is any question that an advertisement may not be appropriate, that the advertisement may be approved by the Airport Manager before placement at the Airport. Security Deposit Prior to April 1, 1999, IRR shall deliver a deposit of$5,000. That deposit shall be returned in full at the termination of this Agreement, less any damages and/or costs the Authority incurs related to IRR's occupancy or use of the Airport. 11. Improvements to Raceway: Other than the Access Road (described hereinabove), no permanent improvements shall be permitted. All improvements (seating, concrete barricades, timing devices etc.) shall be removed not later than thirty (30)days after notice to remove from the Authority. All shall be at no cost to the Authority. 12. Fire Fighting. Rescue. Security, and Towing. IRR shall he responsible to provide fire fighting, rescue, security, and towing at the Airport. Neither Collier County, the Authority, or any agency of Collier County shall have any obligations with regard to any such matters. Services from the Collier County Sheriffs Agency and Collier County EMS shall be as provided to any other entity. No extraordinary services shall be provided. "Rescue" includes all emergency services-that may be deemed to be reasonably needed by any person associated with IRR 13. Fuel. Fuel shall be stored in containers that are approved by the Immokalee Fire District. Said approval shall be in writing. Fuel shall be stored safely only in the area marked on exhibit"B" of the Safety Plan. Fuel will be transported in an appropriately licensed transport vehicle by a licensed fuel vendor. 14. Parking Areals). IRR shall be responsible to ensure that no vehicles are parked in any area that has not been authorized by the Authority in writing for parking any such vehicle. IRR shall not less than one each week inspect all parking areas for any condition that might cause any harm to any persons or property. Any such harm discovered by IRR shall immediately he brought to the attention of the Airport Manager, or in his absence, the Executive Director of the Authority. IRR shall be solely responsible for all matters related to the parking of vehicles on the Airport whenever any such parking is affiliated with any activity of IRR or the presence of IRR on the Airport. 3 Packet Page -948- 2/11/2014 16.G.3. 3/22/2011 item 13.A.1. I C. Public Stands. Security Sheds. Picnic Tables. Concession Stands. Kitty Play Area. Etc. IRR shall be solely responsible for all matters related to all areas licensed for any use by IRR. 16. POLLUTION AND CONTAMINATION. IRR shall be responsible to fully clean up any and all contamination of the Airport with fuel and/or any other pollutants that may be brought onto the Airport by IRR. No such substance shall he brought onto the Airport without prior written approval from the Executive Director of the Authority. 17. Use of Licensed Premises/Use of Name. IRR has inspected the Airport and approves the same as being suitable for the uses intended by IRR. The IRR takes the Airport "as is." IRR shall not use the airport for any unlawful, immoral,or illegal purpose. 18. Track Condition. IRR shall maintain the racetrack in a race-insurable, race-ready condition, and at the termination of this Agreement shall return the racetrack to the Authority in a race- insurable and race-ready condition. 19. Utilities. IRR shall pay for all of its utilities,including trash removal, at the Airport. 20. Alcoholic Beverages. No alcoholic beverages, including beer, shall be allowed at the Airport. IRR can immediately have removed from the Airport any person who violates this restriction. IRR shall post appropriate signs and other notices that state that alcoholic beverages are prohibited at the Airport. 21. Real Property Taxes. At the time of execution of this Agreement, the Licensed premises are not subject to real property taxes. IRR shall be responsible for the payment of any and all real property taxes or other taxes which may be assessed on the licensed premises, including on any and all improvements,and/or on this Agreement itself. 22. Costs of Enforcement. In the event that is shall be deemed necessary by the Authority, at any time, to institute legal action or proceeding for the enforcement of this Agreement or to employ the County Attorney's Office and/or an outside attorneys)-at-law for the purpose of enforcing any terms of this Agreement, the prevailing party shall be entitled to recover all costs and expenses incurred, including reasonable attorney's fees, through all proceedings, trials, and appeals, 23. Authority's Right to Review Financial Statements. IRR shall provide upon request, on an annual basis, and at no costs to the Authority, within sixty (60) days of IRR's receipt thereof. IRR's financial statements pertaining to the Airport. 24. Media Rights. IRR shall have all motion picture, television, audio recording, video and other media rights pertaining to all events that occur on the Licensed premises during the term of this Agreement. 1RR is entitled to all income pertaining to or derived from said rights including income received by IRR subsequent to the termination of this Agreement 4 q> Packet Page-949- 2/11/2014 16.G.3. _ 3/22/2011 Item 13.A.1. 1 25. Venue. The exclusive venue for all actions arising from this Agreement shall be in Collier County, Florida. 26. Notices. Any notice, statement, demand or other communication required or permitted to be delivered or served or given by either party hereto to the other, shall be delivered or served or given and shall be deemed to have been delivered or served or given if mailed in any general or branch U.S. Posy Office, enclosed in a registered or certified envelope addressed to the respective party as follows: To the Authority: To the Licensee: RTH Enterprises Inc.d/b/a lmmol.glee Regional Raceway Collier County Airport Authority P. O. Box 2023 2003 Mainsail Drive Immokalee, FL 34142 Naples, FL 34114 27. Assitnment. This Agreement shall not be assigned without the expressed written approval of the authority. IN WITNESS WHEREOF, the parties hereto have executed this BARE LICENSE AGREEMENT on this day of April, I999. RTH ENTER-PRISES,'cC. A DELEWARE CORPORATION D/B/A IMMOKALEE REGION;!. •ACEW:,'. iv f!"u c-7 By: i Dat Tit e:"/ C-1 Print Name: /1h4 // (res-/ er2--i Witness: I,VLLc .tCA., .74 /eg.t f-hu___ Witness: `'"vim RCVAC/a4/7 In sinning, this document, the above individual warrants and certifies that he is a bonafide representative of the Immokalee Regional Raceway and has full authority to oblieate said RTH Enterprises Inc. d/bia Immokalee Regional Raceway a Dcleware Corporation, of the provisions agreed to herein. COLLIER COUNTY PORT AUTHORITY cr--?!-DL, --)---vs,- , q -eiri Approved Date: -`2 3 Airport Authority Michael Williams, Chairman 5 Packet Page-950- 2/11/2014 16.G.3. 3/22/2011 Item 13.A.1. Witness: .•Witness:..'. - Printed name of Witness • GAIL D.HAY8RIGBT Witness': Notary Public,Stang of Florida comet.expires AU 19.2002 t t t r Comm.No.CC76S562 Witness:G41 • t y�y► r rt ctt Crt4 Printed name of Wi'tliess Approved as to form and legal sufficiency • (CPIA^, Thomas C. Palmer Assistant County Attorney • -END- • • • • c Packet Page -951- 2/11/2014 16.G.3. _ . ----- " 3/22/2011 Item 13.A.1. ...__.... .._........_. „_. ...._ . _____ _ T----------7- -----;—. , ; 1 li , f ...........-. I '.I 4. 1 , 1 \. ............ --...................- I I .1;1,1 i .1 -----:- ---.-f r-T-1"----.1', -:,), ),-.--..-... .. lt141.4 11)11T c.__--,I. 1 r () 1: , '41:4' 1 , .i.01., cil li ,i. Iii: --1 ---'-... •--3N,1 r-----i r ______________---_ ...., _ III II ..,,.: 1' I , . IS I ; • - .,1 1 / i I I 1 •'/ / .. / ,' •, , . • / • 71111111„: / II!!0E14 1 / I • ' , ii I 11.:11 r,i :LI i 1 '; t l!lrf• f ,i =,'. , a • 1 '. 'ill' ill ..,. ,, \ , •,, ..4 .• ,s, •"(•;,,,; 7.0 , , , , .•-,-,-- , t, , .,,,. .• . .).;,..,., I/ 111 ,....,.: .. - 1 , ,, At#.4„4,,,L,z_c •.,,c.......- ..,..- t I , 1 \ 1 , „ at ,._ • ; .,... \ \ . 44 7.7?• .....; :111.0;1 III ; IV I II I III 1 tll II r . . . . .., Y • ', . 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'IA It1),,I t., ■ Ci y...,i 11E :,:‘■•■ '' ----— • It --4—j----'-----------4.'•-•-------- Packet Page-952- ._ 2/11/2014 16.G.3. 3/22/2011 Item 13.A.1. IMMOKALEE REGIONAL RACEWAY SAFETY PLAN 1. The Immokalee Regional Raceway will meet or exceed each of the attached International Hot Rod Association(IHRA)track requirements. See exhibit"A". 2. Immokalee Regional Raceway will provide security personnel for crowd control at each race event. Security personnel will be posted at each access location to prevent unauthorized person(s)from gaining access to the pit and track operation areas.See exhibit"B". 3. Prior to commencing any racing activities the Immokalee Regional Raceway will coordinate emergency response requirements with rmmokalee Fire Department, The Collier County Sheriff's Office, and Collier County EMS. This will include IRR providing copies of this safety plan and visitation to the site by those agencies. 4. Twenty four hours Prior to each racing event IRR will inform each of the afore mentioned agencies that races will be held. 5. IRR will have emergency communications capabilities at all times consisting of telephones with backup cellular telephone for the purpose of reporting any emergency to appropriate responding agencies. Packet Page-953- — — 2/11/2014 16.G.3. 3/22/2011 Item 13.A.1. _ 6. IRR will operate at all times within the parameters of an approved II-ERA safety plan. • 7. IRR will update this plan annually or as necessary due to operational or facility Iayout changcs. Packet Page -954- 2/11/2014 16.G.3. 3/22/2011 Item 13.A.1. - I Safety Plan-Exhibit "A" • Basic 1/8 Mile IHRA Weekly Track Requirements . 1. Track must be at least 40'wide. 2 Track must be at least 1,800' long from starting line to end of paved surface. Sand trap recommended. 3. Retaining walls must be double stacked guardrail or concrete wall at least 24'high from starting fine to at least 1,000 past finish line,and the entire length of the shutdown area on the return road side of the track. 4. Must have adequate staging lanes. 5. Crowd control fence at least 4'high in any area spectators have access to pits,track or return road. Spectator control fence must be at least 50'back from the track, from the 1/8 mile point through the entire length of the shutdown area. In the area between the burnout box and the 1/8 mile,25'is the minimum. See insurance regulations. 6. Perimeter pit fencing is mandatory and is recommended that it be used in conjunction with other control fences. This will facilitate a measure of safety for the fans and racers as well as their personal property. 7. All concession stands and rest rooms must meet all local Health Department rules and be licensed by local Health Department. 8. Racing surface must be reasonably smooth. 9. Fifty pounds total fire fighting extinguishers on premises. 10. Must have seating capacity of at least 500 seats with adequate parking. Grandstands must be state approved. 11. Must have pits to accommodate 100.1:acing rigs. 12. Must have timing tower. 13. Minimum insurance requirement one million liability. 14. These minimums are for new track construction. Some consideration will be accepted for existing tracks. • • • Packet Page-955- 3/22, 2/11/2014 16 G.3. . r1 u a • • 1 ° °It 1,^ 1 Qua IV W hi w Z me-^ I 0 • Z i 4 a -.. a C.r 14 c .-. - a, rn co tv - a y to -,•; eeP X w C ro I 14 J>1 r f w I ro P rd H ,t i . np , 4 i. - a rn c ten R z II is T o 1U .'". moo 0. 0i : r II o • N.) gi NN, ,.\,,,\,, I I ____. NNN Packet Page-956- 2/11/2014 16.G.3. 3/22/LV± ILG111 Attachment B FIRST AMENDMENT TO LICENSING AGREEMENT BETWEEN COLLIER COUNTY AIRPORT AUTHORITY AND IMMOKALEE REGIONAL RACEWAY, INC. WHEREAS,the Collier County Airport Authority("Authority")has an agreement with RTH Enterprises, Inc., a Florida Corporation, D/B/A Inunokalee Regional Raceway ("IRR")dated April 1, 1999 hereinafter referred to as the"Base Agreement". NOW,THEREFORE, said Licensing Agreement is amended as follows: 1. Paragraph (10)ten is deleted in its entirety and is replaced with a new paragraph(10) ten that reads as follows: A. Commercial Operating Privilege Fee— Two Hundred(5200)per year. B. Commercial Activities Fee-$2,750 per month,plus applicable Florida taxes. C. Advertising Fee—50%of gross revenues derived from advertising concessions plus applicable Florida taxes. D. Deposit-$5,000.Authority shall retain any interest accrued thereon. 2. Delete paragraph(4) four in its entirety and replace it with the new paragraph(4) four that reads as follows: A. IRR will be permitted to operate the specified uses in said operational area at the Immokalee Regional Airport effective April 1,2002 through March 31,2007. B. This agreement may be terminated upon thirty(30) days written notice by either party to the other without liability by either party. This agreement and the IRR occupancy of said area shall always be at no cost to the Authority. 3. All other terms and conditions of the License Agreement remain in full force and effect, 4. IRR shall construct a temporary Lime Rock Road per exhibit B attached hereto and made a part hereof. IN WITNESS THEREOF,the parties hereto have signed this first Amendment to License Agreement this 11`h day of March 2002. ATTEST: COLLIER COU TY AIRPORT AUTHORITY IC' ✓ By: ohm H.Drury,A.A.E. Sieve Price,Chairman Executive Director Gail Hambright _ • 1 Packet Pale-957- _.__._____.__- 2/11/2014 16.G.3. 3 1/4.-L/ 1...V11 lLLllf 1J.I1.1• RTH Enterprises Inc.,a Florida Corporation,D :/A lmmokalee ' - al Rae, ••ay By: j i (L.S.) 'tp• ester,President AI 1 iST to Mr.Hester's Signature: Signed by Mr.Hester in the presence of: \{ ` c.t,LL FIRST SS ( Print/Type Name ITNESS • Print/Type Name Approval as to form and legal sufficiency: 1 0 ,....„, R1444.„-- Thomas C.Palmer, Attorney for the Authority 2 Packet Page-958- 2/11/2014 16.G.3. License Agreement Between Immokalee Regional Raceway and Collier County Airport Authority at the Immolalee Regional Airport RTH Enterprises Inc. D/B/A Immokalee Regional Raceway Collier County Airport Authority P. O. Box 2023 2003 Mainsail Drive Immokalee, FL 34143 Naples,FL 34114 This is a BARE LICENSE Agreement between the Immokalee Regional Raceway (IRR) and the Collier County Airport Authority (Authority). This Agreement is for the temporary area depicted in Exhibit "A". The area shall be for the sole purpose of"IHRA Sanctioned Drag Racing Strip."Drag Racing is an inherently risky activity. IRR must always faithfully satisfy all the requirements listed in this Agreement and all of its Exhibits and the IRR must at all times act in the utmost good faith with regard to all aspects of this Agreement. For the purposes of this Agreement, IRR includes the corporation and all person employed by IRR, all agents and other representatives of IRR, and all persons actually or constructively invited anywhere onto the Immokalee Airport because of any activity of IRR, including, but not limited to, its employees, agents and representatives, all crews, spectators, concessionaires, and patrons. The Executive Director of the Authority and the Manager of the Immokalee Airport are hereby authorized to administer this Agreement on behalf of the Authority. Only the Authority may amend this Agreement. "Airport"means the entire Immokalee Regional Airport. "Operational Area"means the area depicted as such in Exhibit "A" attached hereto. "Parking Area" is limited to the areas depicted as such on the attached Exhibit "A". 1. No activity will be allowed which in the sole discretion of the Authority interferes with the safe operation of the Immokalee Regional Airport or that is unacceptable to the Authority or that in the judgment of the Airport Manager or the Executive Director of the Authority constitutes any type of hazard or nuisance. 2. All operations shall be limited to the area depicted on Exhibit"A" (operational area) and IRR will be responsible for all public control, security, clean-up of the Airport, and returning the site to its original condition after use. IRR shall keep the Airport clean of any and all trash, etc. brought onto the Airport by any person connected to IRR, including a complete policing of the entire Licensed Area as soon as possible after every race day. 3. IRR has constructed a vehicle access road from Airpark Boulevard to the operational area, as depicted in exhibit "A". IRR assets that the access road has been designed and constructed in accordance with all Federal, State, and County regulations. That road shall be maintained at no cost whatsoever to the Authority and shall automatically become the property of the Authority upon the termination of this Agreement. 4. IRR will be permitted to operate in said operational area at the Immokalee Regional Airport effective April 1, 1999 through March 31. 2002. This agreement may be terminated upon 30 Packet Page-959- 2/11/2014 16.G.3. days written notice by either party without liability by either party. This Agreement and the IRR occupancy of said area shall always be at no cost to the Authority. 5. INSURANCE. IRR agrees to maintain in force at all times during the term of this agreement $3,000,000 Comprehensive General Liability Insurance and the Collier County Board of County Commissioners will at all times be an"additional insured". An acceptable Certificate of Insurance evidenced such coverage shall be delivered to the Authority prior to the approval of this Letter of Agreement. 6. IRR agrees that its activity will not create any public or private nuisance and that the activity proposed shall be conducted in accordance with all Federal, State and local laws and in full accord with the Inunokalee Regional Raceway Safety Plan including all exhibits thereto. 7. IRR shall identify and perform adequate measures to ensure that no persons who are on the Airport as a patron, guest employee, agent or in any way associated with IRR shall wander, venture or go outside of the area depicted on Exhibit "A". 8. IRR shall submit an acceptable plan identifying details, schedules, and personnel required to successfully conduct drag racing activity and a detailed Safety Plan prior to the Authority approving this Letter of Agreement. Once the plan is approved, it shall automatically and immediately be part of this Agreement. 9. IRR shall indemnify and save harmless the Authority, Board of County Commissioners, members of their boards, their officers, agents, and employees of and from all claims, demands, debts, liabilities, and cause of action (including attorney fees and cost) whatsoever resulting from any operation or mere presence of IRR at the Immokalee Regional Airport. 10. Fees: For the purpose of occupying the space and conducting commercial activities at the Airport, IRR shall pay the following fees: A. Occupancy Fee -$150 per month. B. Commercial Activities Fee—$1,000 each week of any activity. C. Advertising Fee—50%of gross revenues derived from advertising concessions. D. Deposit - $5,000. Authority shall retain any interest accrued thereon. Occupancy Fee: Shall be paid in advance and without demand on the first of each month throughout the term of this agreement. Prompt payment is essential. The Authority will not tolerate any late payment of any fees. Commercial Activities Fee: For each week that the raceway is "active" IRR shall pay to the an additional$1,000"Activity fee." "Active"shall mean any vehicle operations taking place during the respective week (Monday through Sunday) on the raceway for any purpose (testing, racing etc.). At a minimum the raceway shall be deemed to be active (whether actually active or not) twenty-four (24) weeks per License Agreement Year. IRR shall pay $2,000 per month beginning May 1, 1999 to cover said twenty-four (24) minimum active 2 Packet Page-960- 2/11/2014 16.G.3. weeks. Each year on March 31 IRR shall provide Authority with a statement identifying the number of weeks the raceway was actually "active" and"deemed" active during the previous twelve (12) month period. If raceway was "active" more than any twenty-four (24) of those weeks, IRR shall issue payment with the statement in the amount of$1,000 for each "active" week over the"deemed"twenty-four(24)week minimum. Advertising Fee: At the end of each month IRR shall issue to the Authority a statement along with payment in the amount of 50% of all gross advertising revenue received by IRR during that month. It is contemplated that IRR will sell advertising by allowing advertisers to display advertising signs on the concrete barrier walls of the raceway opposite the spectator viewing area. The Director of the Airport Authority may require immediate removal of any advertising that he deems to be inappropriate or be in an unapproved location; it is, therefore, recommended that if there is any question that an advertisement may not be appropriate, that the advertisement may be approved by the Airport Manager before placement at the Airport. Security Deposit: Prior to April 1, 1999, IRR shall deliver a deposit of$5,000. That deposit shall be returned in full at the termination of this Agreement, less any damages and/or costs the Authority incurs related to IRR's occupancy or use of the Airport. 11. Improvements to Raceway: Other than the Access Road (described hereinabove), no permanent improvements shall be permitted. All improvements (seating, concrete barricades, timing devices etc.) shall be removed not later than thirty (30) days after notice to remove from the Authority. All shall be at no cost to the Authority. 12. Fire Fighting, Rescue, Security, and Towing. IRR shall be responsible to provide fire fighting, rescue, security, and towing at the Airport. Neither Collier County, the Authority, or any agency of Collier County shall have any obligations with regard to any such matters. Services from the Collier County Sheriffs Agency and Collier County EMS shall be as provided to any other entity. No extraordinary services shall be provided. "Rescue" includes all emergency services that may be deemed to be reasonably needed by any person associated with IRR 13. Fuel. Fuel shall be stored in containers that are approved by the Immokalee Fire District. Said approval shall be in writing. Fuel shall be stored safely only in the area marked on exhibit `B" of the Safety Plan. Fuel will be transported in an appropriately licensed transport vehicle by a licensed fuel vendor. 14. Parking Area(s). IRR shall be responsible to ensure that no vehicles are parked in any area that has not been authorized by the Authority in writing for parking any such vehicle. IRR shall not less than one each week inspect all parking areas for any condition that might cause any harm to any persons or property. Any such harm discovered by IRR shall immediately be brought to the attention of the Airport Manager, or in his absence, the Executive Director of the Authority. IRR shall be solely responsible for all matters related to the parking of vehicles on the Airport whenever any such parking is affiliated with any activity of IRR or the presence of IRR on the Airport. a . 3 Packet Page-961- 2/11/2014 16.G.3. 15. Public Stands, Security Sheds, Picnic Tables, Concession Stands, Kitty Play Area. Etc. IRR shall be solely responsible for all matters related to all areas licensed for any use by IRR. 16. POLLUTION AND CONTAMINATION. IRR shall be responsible to fully clean up any and all contamination of the Airport with fuel and/or any other pollutants that may be brought onto the Airport by IRR. No such substance shall be brought onto the Airport without prior written approval from the Executive Director of the Authority. 17. Use of Licensed Premises/Use of Name. IRR has inspected the Airport and approves the same as being suitable for the uses intended by IRR. The IRR takes the Airport "as is." IRR shall not use the airport for any unlawful, immoral,or illegal purpose. 18. Track Condition. IRR shall maintain the racetrack in a race-insurable, race-ready condition, and at the termination of this Agreement shall return the racetrack to the Authority in a race- insurable and race-ready condition. 19. Utilities. IRR shall pay for all of its utilities, including trash removal, at the Airport. 20. Alcoholic Beverages. No alcoholic beverages, including beer, shall be allowed at the Airport. IRR can immediately have removed from the Airport any person who violates this restriction. IRR shall post appropriate signs and other notices that state that alcoholic beverages are prohibited at the Airport. 21. Real Property Taxes. At the time of execution of this Agreement, the Licensed premises are not subject to real property taxes. IRR shall be responsible for the payment of any and all real property taxes or other taxes which may be assessed on the licensed premises, including on any and all improvements, and/or on this Agreement itself 22. Costs of Enforcement. In the event that is shall be deemed necessary by the Authority, at any time, to institute legal action or proceeding for the enforcement of this Agreement or to employ the County Attorney's Office and/or an outside attorney(s)-at-law for the purpose of enforcing any terms of this Agreement, the prevailing party shall be entitled to recover all costs and expenses incurred, including reasonable attorney's fees, through all proceedings, trials, and appeals. 23. Authority's Right to Review Financial Statements. IRR shall provide upon request, on an annual basis, and at no costs to the Authority, within sixty (60) days of IRR's receipt thereof, IRR's financial statements pertaining to the Airport. 24. Media Rights. IRR shall have all motion picture, television, audio recording, video and other media rights pertaining to all events that occur on the Licensed premises during the term of this Agreement. IRR is entitled to all income pertaining to or derived from said rights including income received by IRR subsequent to the termination of this Agreement. 4 Packet Page -962- 2/11/2014 16.G.3. 25. Venue. The exclusive venue for all actions arising from this Agreement shall be in Collier County, Florida. 26. Notices. Any notice, statement, demand or other communication required or permitted to be delivered or served or given by either party hereto to the other, shall be delivered or served or given and shall be deemed to have been delivered or served or given if mailed in any general or branch U.S. Posy Office, enclosed in a registered or certified envelope addressed to the respective party as follows: To the Authority: To the Licensee: RTH Enterprises Inc. d/b/a Immokalee Regional Raceway Collier County Airport Authority P. O. Box 2023 2003 Mainsail Drive Immokalee, FL 34142 Naples, FL 34114 27. Assignment. This Agreement shall not be assigned without the expressed written approval of the authority. IN WITNESS WHEREOF, the parties hereto have executed this BARE LICENSE AGREEMENT on this day of April, 1999. RTH ENTE '•:'RISES ► C. A DELEWARE CORPORATION D/B/A IMMOKALEE REGION:. ' CEW: By: / , , � 9 Date: Tit e: Print Name: X9104 /, /4c- Witness: /(" 7• Witness: `/vim kl41!)./e.7 In signing this document, the above individual warrants and certifies that he is a bonafide representative of the Immokalee Regional Raceway and has full authority to obligate said RTH Enterprises Inc. d/b/a Immokalee Regional Raceway a Deleware Corporation, of the provisions agreed to herein. COLLIER `I P' 'ORT AUTHORITY •Approved: '\ Date: "`7 Airport Authority Michael Williams, Chairman 5 Packet Page-963- 2/11/2014 16.G.3. Witness: 'Witness:. Printed name of Witness Witness. GAIL D.NAIABRIGNT .I lit Notary Public,State of Florida My Comm. 19,2002�-e.." Comm.No.CC768562 as t C'l CXi Printed name of WI ess Approved as to form and legal sufficiency - Ai A Thom. C. Palmer Assistant County Attorney -END- . 6 Packet Page -964- 2/11/2014 16.G.3. IMMOKALEE REGIONAL RACEWAY SAFETY PLAN 1. The Immokalee Regional Raceway will meet or exceed each of the attached International Hot Rod Association(IHRA)track requirements. See exhibit"A". 2. Immokalee Regional Raceway will provide security personnel for crowd control at each race event. Security personnel will be posted at each access location to prevent unauthorized person(s)from gaining access to the pit and track operation areas. See exhibit`B". 3. Prior to commencing any racing activities the ImmokaIee Regional Raceway will coordinate emergency response requirements with Immokalee Fire Department, The Collier County Sheriffs Office, and Collier County EMS. This will include IRR providing copies of this safety plan and visitation to the site by those agencies. 4. Twenty four hours Prior to each racing event IRR will inform each of the afore mentioned agencies that races will be held. 5. IRR will have emergency communications capabilities at all times consisting of telephones with backup cellular telephone for the purpose of reporting any emergency to appropriate responding agencies. Packet Page -965- 2/11/2014 16.G.3. 6. IRR will operate at all times within the parameters of an approved IHRA safety plan. 7. IRR will update this plan annually or as necessary due to operational or facility layout changes. Packet Page-966- 2/11/2014 16.G.3. I Safety Plan—Exhibit "A" Basic 1/8 Mile IHRA Weekly Track Requirements . 1. Track must be at least 40'wide. 2. Track must be at least 1,800' long from starting line to end of paved surface. Sand trap • recommended. 3. Retaining walls must be double stacked guardrail or concrete wall at least 24'high from starting line to at least 1,000 past finish line, and the entire length of the shutdown area on the return road side of the track. 4. Must have adequate staging lanes. 5. Crowd control fence at least 4'high in any area spectators have access to pits, track or return road. Spectator control fence must be at least 50'back from the track, from the 1/8 mile point through the entire length of the shutdown area. In the area between the burnout box and the 1/8 mile, 25' is the minimum. See insurance regulations. 6. Perimeter pit fencing is mandatory and is recommended that it be used in conjunction with other control fences. This will facilitate a measure of safety for the fans and racers as well as their personal property. 7. All concession stands and rest rooms must meet all local Health Department rules and be licensed by local Health Department. 8. Racing surface must be reasonably smooth. 9. Fifty pounds total fire fighting extinguishers on premises. 10. Must have seating capacity of at least 500 seats with adequate parking. Grandstands must be state approved. 11. Must have pits to accommodate 1MC°racing rigs. 12. Must have timing tower. 13. Minimum insurance requirement: one million liability. 14. These minimums are for new track construction. Some consideration will be accepted for existing tracks. Packet Page -967- 2/11/2014 16.G.3. \\N NN\NN. i • Sr, om IIIIIC Ell 1,, , ,.. Epi ,1:1,,, . 1 4... i'II 1 11 II!I m C f+• Ili' rn rr 1 a l,ll'I!I i° it I�i!ii t.0] 4 I rS r F D i ! a 1-1 A] En a•I rn ID rr i K b C Cu C [I X w a r• rr m to W - C C n '•C C+7 C r• z3 I Ju ., J o i r r m m m y `.�gm X r- s : r r a `.>' Is 1 0 m • ;'—j '1 D Packet Page-968- 2/11/2014 16.G.3. FIRST AMENDMENT TO LICENSING AGREEMENT BETWEEN COLLIER COUNTY AIRPORT AUTHORITY AND IMMOKALEE REGIONAL RACEWAY,INC. WHEREAS, the Collier County Airport Authority("Authority")has an agreement with RTH Enterprises, Inc., a Florida Corporation, DB/A Immokalee Regional Raceway ("IRR")dated April 1, 1999 hereinafter referred to as the "Base Agreement". NOW,THEREFORE, said Licensing Agreement is amended as follows: 1. Paragraph(10)ten is deleted in its entirety and is replaced with a new paragraph (10) ten that reads as follows: A. Commercial Operating Privilege Fee—Two Hundred($200)per year. B. Commercial Activities Fee- $2,750 per month,plus applicable Florida taxes. C. Advertising Fee—50%of gross revenues derived from advertising concessions plus applicable Florida taxes. D. Deposit- $ 5,000. Authority shall retain any interest accrued thereon. 2. Delete paragraph(4) four in its entirety and replace it with the new paragraph(4) four that reads as follows: A. IRR will be permitted to operate the specified uses in said operational area at the Immokalee Regional Airport effective April 1, 2002 through March 31,2007. B. This agreement may be terminated upon thirty(30) days written notice by either party to the other without liability by either party. This agreement and the IRR occupancy of said area shall always be at no cost to the Authority. 3. All other terms and conditions of the License Agreement remain in full force and effect. 4. IRR shall construct a temporary Lime Rock Road per exhibit B attached hereto and made a part hereof. IN WITNESS THEREOF,the parties hereto have signed this first Amendment to License Agreement this 11th day of March 2002. ATTEST: COL ER CO Y AIRPORT AUTHORITY L� By: ohn H. Drury,A.A.E. Steve Price,Chairman Executive Director Gail Hambright 1 Packet Page -969- 2/11/2014 16.G.3. RTH Enterprises Inc.,a Florida Corporation,D :IA Immokalee • : • al Rac- •'ay By: j / • dir (L.S.) •rp• ester,President ATTEST to Mr.Hester's Signature: Signed by Mr.Hester in the presence of: Li .0 FIRST SS L 30t-tt4- \tc- Re_t--(>16 Print/Type Name - ITNESS- Print/Type Name Approval as to form and legal sufficiency: Thomas C.Palmer, Attorney for the Authority 7 Packet Page-970-