Agenda 10/23/2012 Item #16G3 10/23/2012 Item 16.G.3.
EXECUTIVE SUMMARY
Recommendation to approve a Site License Agreement with the Immokalee Chamber of Commerce
for a Harvest Festival at the Immokalee Regional Airport.
OBJECTIVE: That the Board of County Commissioners approves the Site License Agreement
with the Immokalee Chamber of Commerce in order for the Chamber to conduct a Harvest
Festival at the Immokalee Airport(IMM) property.
CONSIDERATIONS: The Immokalee Chamber of Commerce has requested use of open areas
at the Southwest portion of the Immokalee Regional Airport (IMM) from April 12-14, 2013 for a
Harvest Festival. These dates include one (1) day for set-up, one half(1/2) day for take-down,
for a total of 2 V2 days for the actual event, April 12-14, 2013.
The Airport Authority has agreed to allow the Immokalee Chamber of Commerce ("Pennitee")
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. The License Agreement provides use of the Property
from April 12-14, 2013.
The Permitee shall be required to obtain and pay all costs associated with permits required to
conduct this event. The Permitee 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 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 One Thousand Two
Hundred Sixty-Five Dollars ($1,265.00), plus applicable sales and/or use taxes for use of the
Property.
FISCAL IMPACT: The usage fee of One Thousand two Hundred Sixty-Five Dollars
($1,265.00) shall be deposited into the Airport Authority Fund (495).
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is legally
sufficient, and requires majority vote for approval. -JAK.
RECOMMENDATION: That the Board of County Commissioners approves the attached
Immokalee Chamber of Commerce Site License Agreement.
SUBMITTED BY: Chris Curry, Executive Director, Airport Authority
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10/23/2012 Item 16.G.3.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.G.3.
Item Summary: Recommendation to approve a Site License Agreement with the
Immokalee Chamber of Commerce for a Harvest Festival at the Immokalee Regional Airport.
Meeting Date: 10/23/2012
Prepared By
Name: BrueggemanDebra
Title: Operations Coordinator,Airport Authority
10/10/2012 2:17:43 PM
Submitted by
Title: Executive Director-Airport Authority,Airport Authority
Name: CurryChris
10/10/2012 2:17:45 PM
Approved By
Name: BrueggemanDebra
Title: Operations Coordinator,Airport Authority
Date: 10/12/2012 10:22:12 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 10/12/2012 11:10:09 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 10/12/2012 2:00:38 PM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management&B
Date: 10/12/2012 2:25:15 PM
Name: KlatzkowJeff
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10/23/2012 Item 16.G.3.
Title: County Attorney
Date: 10/12/2012 3:12:04 PM
Name: OchsLeo
Title: County Manager
Date: 10/13/2012 1:45:37 PM
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10/23/2012 Item 16.G.3.
SITE LICENSE AGREEMENT:
HARVEST FESTIVAL EVENT
AT IMMOKALEE REGIONAL AIRPORT
LICENSE AGREEMENT BETWEEN THE COLLIER - COUNTY AIRPORT
AUTHORITY AND THE IMMOKALEE CHAMBER OF COMMMERCE, APPROVING
THE USE OF COUNTY-OWNED PROPERTY FOR THE PURPOSE OF HOLDING
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 c/o Airport Authority Director, 2005 Mainsail Drive, Suite
1, Naples, Florida 34114, hereinafter referred to as AUTHORITY, and the Immokalee Chamber
of Commerce, whose mailing address is 1300 N. 15°1 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 from April 12-14, 2013.
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
holding the Harvest Festival.
2. The approval of the use of the Property by the PERMITEE shall extend from April 12-14,
2013. PERMITEE is granted use of the Property 5:00 a.m. until 1:00 a.m. [These dates include
one (I) day for set-up, one (1/2) day for take-down for a total of 2 % days for the actual event.]
In the event PERMITEE should fail to return the Property to its pre-event condition by 7 p.m.
April 14, 2013, the County shall impose a penalty of$1,000.00 per hour or portion thereof.
3. The PERMITEE shall monitor, control and assume responsibility for all activities,
vendors, licensees, and invitees associated with such event, such responsibility not being limited
to trash collection and clean-up of the Property. The PER.MITEE 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. PERMUTE agrees to provide adequate personnel
for the timely removal of all event items and remnants.
4. The PERIATfEE 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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10/23/2012 Item 16.G.3.
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) per
day for April 12, 2013, Seven Hundred and Twenty-Five and No/l00 Dollars ($725.00) per
day for April 13, 2013,. and One Hundred Eighty and No/100 ($180.00) Dollars per day for
April-14, 2013 (April 12th is a set-up day and April 14`h half day is for tear down) by or on
April 10,2013, 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
Asok
Property by the PE.RMITEE, 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 teinis and conditions of such Agreement are deemed to apply to this Site
License Agreement and PERMITEE expressly agrees to abide by the conditions listed in Exhibit
:B"
8. This Agreement shall be administered on behalf of the AUTHORITY by and through the
Collier County Airport Authority,
9. The PERMITEE, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of
which is hereby acknowledged, shall indemnify, defend and hold harmless Collier County, the
AUTHORITY, the Board of County Commissioners and all of each entity's respective agents
and employees from and against any and all liability (statutory or otherwise), damages, claims
suits, demands,judgments, costs, interest and expenses (including, but not limited to, attorneys'
fees and disbursements both at trial and appellate levels) arising, directly or indirectly, from any
injury to, or death of, any person or persons or damage to property (including loss of use thereof)
related to (A) PERMITEE'S use of the Property, (B) any work or thing whatsoever done, or any
condition created (other than by AUTHORITY, its employees, agents or contractors) by or on
behalf of PERMITEE in or about the Property, (C) any condition of the obligations under this
Agreement, or (D) any act, omission or negligence of PERMITEE EE or its agents, contractors,
employees, subtenants, licensees, invitees or patrons. In case any action or proceeding if
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10/23/2012 Item 16.G.3.
AUTHORITY shall so request, at PERMITEE'S expense, by counsel reasonably satisfactory to
AUTHORITY.
The AUTHORITY shall not be liable for any injury or damage to person or property caused by
the elements or by other persons on the Property, or from the street or sub-surface, or from any
other place, or for any interference caused by operations by or for a governmental authority in
construction of any public or quasi-public works.
The AUTHORITY shall not be liable for any damages to or loss of, including loss due to petty
theft, any property, occurring on the Property or any part thereof, and the PERMITEE agrees to
hold the AUTHORITY harmless from any claims or damage, except where such damage or
injury is the result of the gross negligence or willful misconduct of the AUTHORITY or its
employees. The County shall not be responsible for any loss, theft or damage to any vehicle
using the designated vehicle parking area.
10. The PERMITEE covenants and agrees not to assign this Agreement or to permit any
other persons to occupy same without the prior written consent of the AUTHORITY's staff.
11. The Collier County Airport AUTHORITY reserves the right to cancel and/or reschedule
any or all of the above-described activities, scheduled for any or all of the above-listed days,
upon ten (10) days notice to the PERMITEE of the Department's intent to reschedule and/or
cancel. If the AUTHORITY cancels the event, all monies will be returned to PERMITEE in a
timely manner.
12. Any notice to be given by either party to the other pursuant to the provisions of this
Agreement shall be in writing, but may be delivered by mail, fax, email or any other means of
actual written notice. Notice shall be effective upon actual receipt by the addressee.
13. The AUTHORITY and PERMITEE specifically agree that this Agreement represents a
Bare License with no interest coupled thereto for the PERMITEE'S use of the Property and does
not convey any estate in the Property or create any interest whatsoever.
14. The PERMITEE represents and warrants to the AUTHORITY that no hazardous
materials will be discharged to the air, grounds, sewer, or to a septic system on the Property. At
termination of this Agreement, at no cost to the AUTHORITY, the AUTHORITY may request
that the PERMITEE conduct and provide to the AUTHORITY an environmental audit, which
shall contain a written declaration from an environmental consultant acceptable to
AUTHORITY, which verifies that the Property which is the subject of this Agreement is in
compliance with all applicable State and Federal environmental laws, and that the property
surrounding the Property is free from contamination. The PERMITEE acknowledges its
obligation hereunder for the cost of conducting the environmental audit, bringing the subject
facilities into compliance and any and all costs for clean up, removal and remediation, if any, but
only if such clean up, removal and remediation is the result of acts of the PERMITEE during the
period of the event. PERMITEE shall not be responsible for clean up, removal and remediation
of any existing environmental condition prior to the date of the event.
3
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10/23/2012 Item 16 G 3
The PERN4ITE.F. shall he responsible for paying all applicable sales taxes., and chari,teS
,ASSCrekr.ed With or resulting from the holding of this Ovt^ra.
16. The PERMITEF. shall he allowed to utilite water on A1.71110k1 l'Y's Property, if
available, ‘vithota eost to Pit:Mill-TEL
17. At its sole cost. VERNILI LE shall be required to provide portable lavatories an toe
Property during the event and remove said porahles following the event.
IS. At its sole cost, the PhiRMI FEE shall he required to contract ror and provide dumpsters
on the Property during its use of the Property.
19. AI its sole cost, the shall be responsible for contraeling bona tide security Or
police protections for crowd and:1ot train: control iii sufficient ntimbers to protev The hcaT,
welbare and safety :Wine bublic attending the event. PbIZMIIIihi‘, shall be solel>. responsiHe for
obtaining and compensating personnel to handle all parkin reqtiirernents. Parkitag requirements
flf..".1-od:.! personnel Ilect..,,,,Ary for the maintenance of the adequate and acceptable iii raffic
cntritht and leaving the event, If PERN4ITEF.: foils to provide s.ich personnel and County '-itaft.
Altents,cmplo,.■ec:s or workers must Fe used to handle t:t.131,teSI.R);] issues, PLRNI;f1-.1-: shall
iennburse Crallier County for such costs,
Public and all ‘ehicular parking sh;,;11 be delineated on a map:diagram anachi,:id to this Altreernent
t Pisth,bit Personnel hall be utilized by PH:\11-11-1 to ensure that oil p;irkiiT at the eve:::
:s conduttted acco:'ding to the attached tAlunit-C.-
his Agreement is governed and construed in accordance with the laws of the State of
hiondta his License snail not he construed tilt. or :i.!..!;tiMA a party heeausc ii hit party n be
Any netion or proceedinn.arising from this 1„lcattnse
IN WITNESS WhilAPOI:, the parties hereto hose mode and cKecuted this I.imited t;se
o2TI,S,;.' ,A,v,r;2'eront mis or the day at id year l',rsa above written.
l'ERN.111sEE: Ri.,00Kd T1 itANnio.i_; UI c(irat\IER1,2l
lat,Ula
itaess (signature
CO a_ President
ktarte I 4 p..ezta,
print name)
V it r1C“..,°.
ro/.41te,
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10/23/2012 Item 16.G.3.
AS TO THE AUTHORITY:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA, IN as
CAPACITY AS THE COLLIER COUNTY
AIRPORT AUTHORITY
By: By:
, Deputy Clerk FRED W. COYLE, Chairman
14
14 o form
Approve as t
and'eg, s iciency:
Viii;;•ft.'411k,
Jeffrey A ^atz-ow
County Attorney
I i 1'
t..‘1
5
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10/23/2012 Item 16.G.3.
Attachment A
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10/23/2012 Item 16.G.3.
EXHIBIT B
-------10,ow*,
if
COLLIER COUNTY AIRPORT AUTHORITY
1 t - CONTRACT INSURANCE
, v
I .
,
' REQUIREMENTS
f r TYPE LIMITS (Check)
-- _
Workers Compensation . Statutory Limits of Florida Statutes 440 and Federal Government
' 1
_ ; Statuto ry Limits and Requirements
4..
----
Employer's Liabiiity i X $500.000 . $1,000,006
Commercial General ' ' $504,000 per occurrence $1,000,000 per occurrence
1 ,
Liability(Occurrence Form) I bodily injury and property i bodily injury and property
patterned after the current i , damage ; damage
ISO form with no limiting I .
-1_ -1
endorsements. ,
_.4 —
_
!
X 1 Airport Liability Insurance I $500,000 per occurrence X I S1,000 006beer occurrence
bodily injury and property . I bodly injury and prcperty
carnage_ . damage
Fiangarkeepers Liability $500.000 per aircraft • $1.000,000 per aircraft
I X Aircraft Liability Insurance X $500.000 per occurrence $1 000,000 per occurrence
bodily injury and property bodily injury and property
damage : damage
— .,
X Business Automobile — X 5500 DOC per occurrence 1 $1,000,000 per occurrence
Insurance bodily injury and property i bodily injury ano property
1 I damage oamage_
Polut on Liablity Insurance el t $500 00C per occurrence 1 ' $1.000,00o per occurrence - -,
,
I bodily injury and property bodily injury and properly
: damage j : damage _ ----i
I Pro_pely Insurance ' ' Replacement Cost-All Risks of _oss
_ .
INDEMNIFICATION' To tne maximum extent permitted by Florida law, the ContractoriVencior/Consuitant '
shall indemnify and nod harmless Collier County, its officers and employees from any and all liabilities,
damages, losses and costs, including, but not limited to reasonable attorneys'tees and paraiegals'fees,
to me extent caused by the negligence; recteessness. or intentionally wrongful conduct of the
Contractor/Vendor/Consultant or anyone employed or utilized by the ContractorNendoriConsultant in the
performance of this Agreement This inciemnification oblgation 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 tc any incident arising from the sae negligence
of Collier County
Collier County Board of County Commiss oners shall be named as the Certificate hoiden NOTE—The
'Certificate Holder' should read as follows:
Collier County
Board of County Commissioners
Naples, F.orida
No County Division, Deparment or individual name should appear on the Certificate No other format will
oe acceptaloie
Thirty (30)Days Canceiation Notice -equ,reci on Agreements exceeding 6 montns The contract name
and number shall be included on the certificate of insurance i
.„,. ..,_ _._
Collier County shall be shown as an 'ADDITIONAL NAMED INSURED or property policies where an
Jnterest in,,imaovements and betterments is mace,as its interests may appear
Collier County must be named as"ADDITIONAL .NSURED'' on the Insurance Certificate for Commercial—1
GeneraIIjab‘Myandio; kiroo:t Lialpktsty where resuired
FORM 3- Commercial Activities License/Sublease of Land/Intermediate
Hazard or Intermediate Term/Aviation Related
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