Agenda 01/24/2012 Item #16G1n
1/24/2012 Item 16.G.1.
EXECUTIVE SUMMARY
Recommendation to approve a License Agreement with Walker International Events, Inc.
at the Immokalee Airport for two (2) day circus event.
OBJECTIVE: That the Board of County Commissioners approves the Walker International
Events. Inc. Site License Agreement in order to conduct a circus at the Immokalee Airport
property.
CONSIDERATIONS: The Walker International Events, Inc. Circus ('Circus') has requested use
of a portion of the grassed area at the Immokalee Airport in order to conduct a circus event to
be held on February 2, 2012 and February 3, 2012.
The Airport Authority has agreed to allow the Circus to use a non - aviation portion of the Airport
property measuring approximately 200' x 200' plus an adjacent area for parking ('Property').
The License Agreement (Agreement) provides use of the Property for a forty -eight (46) hour
period beginning at midnight on February 1, 2012. The Circus shall be required to obtain and
pay all costs associated with permits required to conduct this event. The Circus has already
provided the County with the required Liability Insurance Policy naming the County as an
additional insured. The Circus shall be allowed to use the on -site water supply hook -up, and is
required to provide and pay for dumpsters and portable lavatories during the event. The Circus
is also required to contract and pay for security and/or police for crowd and /or traffic control. The
cost for use of the property is One Thousand Dollars ($1,000).
FISCAL IMPACT: The usage fee of One Thousand Dollars ($1,000) shall be deposited into the
Collier County Airport Fund (495) in the Immokalee Regional Airport fund center.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attomey's Office,
requires majority vote, and is legally sufficient for Board action. — CMG
RECOMMENDATION: That the Board of County Commissioners approves the attached
Walker International Events, Inc. License Agreement.
SUBMITTED BY: Chris Curry, Executive Director, Airport Authority
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.G.1.
1/24/2012 Item 16.G.1.
Item Summary: Recommendation to approve a License Agreement with Walker
International Events, Inc. at the Immokalee Airport for a two (2) day circus event.
Meeting Date: 1/24/2012
Prepared By
Name: BrueggemanDebra
Title: Operations Coordinator, Airport Authority
1/12/2012 4:31:57 PM
Submitted by
Title: Executive Director - Airport Authority,Airport Authority
Name: CurryChris
n 1/12/2012 4:32:00 PM
Approved By
Name: BrueggemanDebra
Title: Operations Coordinator, Airport Authority
Date: 1/12/2012 4:45:36 PM
Name: GreeneColleen
Title: Assistant County Attomey,County Attorney
Date. 1/12/2012 4:57:42 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/13/2012 9:26:24 AM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 1/13/2012 3:28:46 PM
Name: KlatzkowJeff
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Title: County Attorney,
Date: 1/13/2012 4:19:39 PM
Name: OchsLeo
Title: County Manager
Date: 1/16/2012 3:08:30 PM
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1/24/2012 Item 16.G.1.
1/24/2012 Item 16.G.1.
WALKER INTERNATIONAL EVENTS, INC
SITE LICENSE AGREEMENT
By this License, Walker International Events, Inc, herein called "Circus" and Collier County
Airport Authority, whose mailing address is in care of Airport Authority Director, 2005 Mainsail
Drive, Suite 1, Naples, Florida 341.1.4, herein called the "Owner," agrees as follows:
l . Owner hereby licenses real property in Collier County, Florida, described as a portion of the
open held at the Immokalee Airport, further shown on the attached Exhibit `A', hereinafter
referred to as "Property," for a circus engagement to be held on February 2 & 3 2012. Circus
shall be allowed to enter upon the Property for a forty -eight (48) hour period beginning
February 1, 2012 at midnight.
2. Circus shall be required to obtain and pay for all costs associated with any permit(s) that are
required for conducting this event. A copy of the permit(s) shall be forwarded to Owner,
along with the use fee stated below by or on January 31, 2012. .
Circus shall pay Owner One Thousand Dollars ($1000) by or on January 31, 2012, plus any
applicable sales and/or use taxes for use fee of the Property.
4. Circus may cancel this License upon 30 days written notice to Owner.
5. Circus shall keep the Property in a clean and orderly condition, and shall return the Property
in as good -as condition as when received, reasonable wear and tear expected.
6. Owner shall not license, lease or sublet the Property to another circus, carnival or outdoor
amusement of the same or similar nature from the date of this License until 30 day after the
event date described above.
7. Circus may operate all exhibitions, sideshows and concessions with adjacent parking on the
property and shall retain all revenue derived from any such operation. Circus may
photograph, exhibit and use the Property for Circus purposes in all media.
Circus shall provide Owner with a certificate of liability insurance providing a coverage limit
of $1,000,000 and naming Owner as an additional insured. Said certificate must be delivered
to Owner, along with the perrnit(s) and use fee, by January 31, 2012. If the certificate is not
in the Owner's possession by the aforementioned date, the Owner shall have the right to
cancel the event without any prior notice.
9. LESSEE, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is
hereby acknowledged, shall indemnify, defend and hold harmless LESSOR, its 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
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1/24/2012 Item 16.G.1.
(including loss of use thereof) related to (A) LESSEE'S use of the Property. (B) any work or
thing whatsoever done, or any condition created (other than by LESSOR. its employees,
agents or contractors) by or on behalf of LESSEE in or about the Property, (C) any condition
of the Property due to or resulting from any default by LESSEE in the performance of
LESSEE'S obligations under this Lease, or (D) any act, omission or negligence of LESSEE
or its agents, contractors, employees, subtenants, licensees, invitees or patrons. In case any
action or proceeding is brought against LESSOR by reason of any one or more thereof
LESSEE shall pay all costs, attorneys' fees, expenses and liabilities resulting therefrom and
shall defend such action or proceeding if LESSOR shall so request, at LESSEE'S expense, by
counsel reasonably satisfactory to LESSOR.
The LESSOR 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 LESSOR 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 LESSEE agrees to
hold the LESSOR harmless from any claims for damages, except where such damage or
injury is the result of the gross negligence or willful misconduct of the LESSOR or its
employees.
10. Owner warrants that it is the owner of the Property and has full right and authority to license n
the Property to the Circus.
1 L This License shall be governed by the laws 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 shall be brought only in a state court of competent jurisdiction in Collier County.
The parties waive any right to a jury trial in an action or proceeding arising out of his
License.
12. The conduct of the Circus engagement shall be under the sole control of the Circus. Owner
shall not be responsible for the activities of the Circus on the Property. Circus shall comply
with all governmental laws and regulations enforced for the performance of this event.
13. At its own cost, the Circus shall be responsible for contracting any type of security or police
protection for crowd and/or traffic control.
14. The Circus shall be allowed to utilize water on Owner's Property without any cost to Circus.
1 >. At its sole cost, the Circus shall be required to provide portable lavatories on the Property
during the event and remove said portable following the event.
16. At is sole cost, the Circus shall be required to contract and provide dumpsters on the Property
during its use of the Property.
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1/24/2012 Item 16.G.1.
IN Wj-j-,Nr-
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the Parties have hereto executed this A
oMcInent the day 1111,4
A-STO CIRCUS:
WITNESS yienattire).
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Orin( niune)
AS TO TJ f r OWNFIZ7
.Attest:
BROCK, Clerk
By:
� Deputy Clerk
Approved as to form
vn`t"'I�Twl Sufficiency:
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C*frc.\, A. K I atzko\,v,,
Attorney
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(Prill'i naml Presiden,
BOARD or COLNITY C-'()%;IM
. ISSIONERS
OF COLLIE R COL ' :NTY, FLORIDA, serving as the
COLUER CoLiNj T AIRPORT .AL
Walker international Events, Inc, Site License Agreement for Circus at IMM February 2-3, 2012
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