Agenda 03/25/2014 Item #16G7 3/25/2014 16.G.7.
EXECUTIVE SUMMARY
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OBJECTIVE: Approval of the Site License Agreement with the Immokalee Chamber of
Commerce in order for the Chamber to utilize open areas at the Southwest portion of the
lmmokalee Regional Airport(IMM) for parking for its Harvest Festival event.
CONSIDERATIONS: The Immokalee Chamber of Commerce has requested use of open areas
at the Southwest portion of IMM on March 29, 2014 for vehicle parking for a Harvest Festival.
Airport Authority staff recommend that the Board approve its agreement to allow the Immokalee
Chamber of Commerce ("Permitee") to use a non-aviation portion of IMM at the Southwest
portion of the Airport as shown in Exhibit "A"of the attached License Agreement for parking at
the event. The License Agreement provides use of the Property on March 29, 2014.
The Permitee shall be required to obtain and pay all costs associated with permits required to
conduct this event. The Permitee is also required to contract and pay for security and/or police
for crowd and/or traffic control, including parking requirements. The total cost for use of the
property is Three Hundred Sixty Dollars ($360.00), plus applicable sales and/or use taxes.
FISCAL IMPACT: The usage fee of Three Hundred Sixty Dollars ($360.00) shall be deposited
into the Airport Authority Fund (495).
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this executive summary.
LEGAL CONSIDERATIONS: This item has been app roved as to form and legality and
requires majority vote for approval. —CMG
RECOMMENDATION: That the Board of Count Commissioners acting as the Airport
Authority approves and authorizes the Chairmar to execute the attached Immokalee Chamber of
Commerce Site License Agreemenk.
Prepared by: Thomas Vergo, Airport Manger, Airport Authority
Attachment: 1) License Agreement
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3/25/2014 16.G.7.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.G.16.G.7.
Item Summary: Recommendation that the Board of County Commissioners acting as the
Airport Authority approve a Site License Agreement with the Immokalee Chamber of
Commerce for vehicle parking at the Immokalee Regional Airport for a Harvest Festival on
March 29, 2014.
Meeting Date: 3/25/2014
Prepared By
Name: BrueggemanDebra
Title: Operations Coordinator, Airport Authority
3/13/2014 10:28:44 AM
Submitted by
Title:Manager-Airport, Airport Authority
Name: VergoThomas
3/13/2014 10:28:45 AM
Approved By .
Name: VergoThomas
Title: Manager-Airport, Airport Authority
Date: 3/13/2014 3:01:10 PM
Name: LynchDiane
Title: Supervisor- Operations. Road Maintenance
Date: 3/13/2014 4:17:39 PM
Name: LynchDiane
Title: Supervisor-Operations, Road Maintenance
Date: 3/13/2014 4:17:47 PM
Name: KearnsAllison
Title:Manager Financial &Operational Support,Transportation Administration
Date: 3/13/2014 5:14:08 PM
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Name: ShueGene
Title: Director-Operations Support,Transportation Administration
Date: 3/13/2014 5:24:15 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 3/14/2014 4:55:54 PM
Name: GreeneColleen
Title: Assistant County Attorney, CAO General Services
Date: 3/17/2014 10:30:12 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 3/17/2014 1:40:22 PM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering&Construction Management
Date: 3/18/2014 9:40:16 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 3/18/2014 10:28:22 AM
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SITE LICENSE AGREEMENT:
HARVEST FESTIVAL EVENT PARKING
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 PARKING AT THE HARVEST
FESTIVAL.
This SITE LICENSE AGREEMENT entered into this day of , 201, by
and between the Board of County Commissioners, in its capacity as the Collier County Airport
Authority, whose mailing address is do 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 art.
until 10:00 pm on March 29, 2014. In the event PERMITEE should fail to return the Property tc
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 PERIvIITEE shall monitor, control and assume responsibility for all activities.
vendors, licensees, and invitees associated with such even:, 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
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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 Iisted in Exhibit
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) PERMIT ;E'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.
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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, a: no cost to the AUTHORITY, the AUTHORITY may request
that the PERMITEE conduct anc provide to the AUTHORITY an environmental audit, whicr_
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 subjec-
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 CA
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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
SIGNATURE PAGE TO FOLLOW
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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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
By:
Witness (signature)
, President
(print name)
Witness (signature)
(print name)
AS TO THE AUTHORITY:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK. CLERK COLLIE COUNTY, FLORIDA, IN ITS
CAPACITY AS THE COLLIER COUNTY
AIRPORT AUTHORITY
By: 8v.
, Deputy Clerk TOM HENNING, CHAIRMAN
Approved as to form and legality:
olleen M.Greene
Assistant County Attorney
5 CA
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Attachment A
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Exhibit"B"
COLLIER COUNTY AIRPORT AUTHORITY
CONTRACT INSURANCE
REQUIREMENTS
F 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
f f
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
I of Collier County
1 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.
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A DATE(MM2)DNWYY: I
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 POUCIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTMITE 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 Pollcy(Ies)must be endorsed, If SUBROGATION 15 WAIVED,subject to
the temp and conditions of the policy,certain°Weiss may require an endorsemenL A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsement(a).
(PRODUCER CONTACT
Bruce Hendry Insurance, Inc. {8 �r239-657-3614 lag
erg_ (Aro.w1239-657-6466
711 W. Main Street ,, nis.karen @brucebendryinsuraince.com
Inunokalee, FL 34142 iritIREM01 As�oRSrNC CoroeAai mum.
L023031
I INSURER A MOUNT VERNON FIRE INSURANCE CO
INSURED THE IMIOECALEE CHAMBER OF COMMERCE, INC i INSURER B:
1300 N 15TH ST #2 I INSURER C:
■
IMMOSALEE, FL 34142 INSURER D:
INSURER E:
(239)657-3237 INSURER F•
I I
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.
I0, I�A'ODL!iDOR 1
LTa TYPE OF INSURANCE INSR 14WD POLICY NUMBER MMlppYIYWyI IjMMIp Yp/YYyY} LIMBS
I GENERAL LIABILITY I j EACH OCCURRENCE I S 1,000,000
I t�
X COMMERCIAL GENERAL LIABILITY I i ! !UAMAGE 10 RENi!PREMISES(Be ocotar.nca) i S 100,000
7_CLAMS-MADE I X�OCCUR • I MED EXP(My ons WW1 S 5,000
A {BINDER #14-003626 02i24/2034 2/21/201S i PERSONAL&ADV INJURY i s 1,000,000
,
I GENERAL AGGREGATE I S 2,000,000
GEt.L AGGREGATE LIMIT Af PLIES PER ! i !
�—^ �PRODUCTS-COMPKN+AGG)S 1,OOO,OOO •
1 ;POLICY! fE 7 LOC 1 i S
I AUTOMOBILE LIABILITY ! ;COMBINED SINGLE LLMIT
1-1 ANY AUTO ALL OWNED i !BODILY IN,NRY(Per person) I$
SCHEDULED
1—I AUTOS 1 AUTOS - i S000.V*WRY(Per eoeaent} S
NON•OwNED ; '
FR Jp Rry DAMAGE
13 HIRED AUTOS r AUTOS !1 mooing)
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UMBRELLA LAB OCCUR : EACH OCCURRENCE IS
1 :EXCESS LIAR CLAIMS- I
1– { MADE I AGGREGATE S
{ ;OED I RETENTIONS
S
I WORKERS COMPENSATION I O TLC 0TH• 1
I AND EMPLOYERS'LIABILITY YIN TORY LIMITS I X ER
;ANY PROPIRIETDAAARTNEAKxECVTNt r-.�'
OPrICEA#seheeP ExewoeDt NIA E.L.EACH ACCIDENT 5
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DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT I S
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1 DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES fAnocA ACORD 101.AOddronal Remarks$ i.A W,if!ROM aps=e n reboreC)
!HARVEST FESTIVAL IV/PARADE, CHRISTMAS AROUND THE WORLD FESTIVAL W/PARADE, BREAKFAST:
:MEETINGS, BANQUET
CERTIFICATE HOLDER CANCELLATION
COLLIER COUNTY PARKS & RECREATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
15000 LIVINGSTON RD THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
NAPLES, FL 34109 ACCORDANCE WITH THE POLICY PROVISIONS.
AUTH RI REPRESENTATIVE
•
1988-2010 ACORD CORPORATION. All rights reserved.
ACORD25(2010/05) The ACORO name and logo are registered marks of ACORD
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