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Agenda 12/11/2012 Item #16E 612/11/2012 Item 16.E.6. �. EXECUTIVE SUMMARY Recommendation to approve and execute a Fourth Amendment to Lease Agreement Between Collier County and Collier County Fair and Exposition, Inc., to provide clarification for events to be conducted at the Fairgrounds. OBJECTIVE: To outline the annual events conducted by the Collier County Fair and Exposition, Inca (' Fairboard') at the County -owned property known as the Fairgrounds in order to reduce community concerns at that location. CONSIDERATION: Since 1986, the Fairboard has leased approximately 68 acres of vacant land from the County for the operation of annual fairs and other fundraiser events which solely benefit the community. The original Lease Agreement dated November 10, 1986 did not include a list of specific events that would be held annually at the fairgrounds. However, the attached Fourth Amendment to Lease Agreement ('Amendment') lists the _ Annual Events, Long -term Sub - leases, and Temporary Use Permit Events. The Amendment also addresses the limitation on amplified sound at the fairgrounds as well as the shared cost for any maintenance to the sign at the property. According to Article 1 of the Lease Agreement, the purpose of the use of the subject property is for the purpose of the operation of a fairground facility and should be considered a recreational facility by the Community Development Division of Collier County (now known as the Growth Management Division (GMD). The approved uses at this location are outlined in the Orangetree PUD Agreement and include recreational activities. Within the Settlement and Zoning Agreement related to the property's conveyance to Collier County in 1986, Article 4.06 also allows the property to be used for 'civic and cultural facilities,' Article 7.02 allows 'recreational shelters and restrooms, Collier County Fair Grounds, other recreational, athletic or open space activity and park and ride facilities.' All of the annual events listed on the attached Fourth Amendment to Lease Agreement are consistent with these approved uses. The Amendment has been reviewed by the Growth Management Division and the Office of the County Attorney. FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. GROWTH MANAGEMENT: There is no growth management impact. LEGAL CONSIDERATION: The attached Fourth Amendment to Lease Agreement has been reviewed by the County Attorney, is legally sufficient, and requires majority support for approval. JAK RECOMMENDATION: That the Board of County Commissioners approves the attached Fourth Amendment to Lease Agreement with Collier County Fair and Exposition, Inc., and authorizes the Chairman to execute the Amendment. PREPARED BY: Michael Dowling, Senior Property Management P rtY ement 9 Specialist, Real Property Management, Facilities Management Department Packet Page -3886- 12/11/2012 Item 16.E.6. COLLIER COUNTY Board of County Commissioners Item Number: 16.E.6. Item Summary: Recommendation to approve and execute a Fourth Amendment to Lease Agreement Between Collier County and Collier County Fair and Exposition, Inc., to provide clarification for events to be conducted at the Fairgrounds. Meeting Date: 12/11/2012 Prepared By Name: DowlingMichael Title: Property Management Specialist, Senior,Facilities 11/16/2012 12:22:43 PM Submitted by Title: Property Management Specialist, Senior,Facilities Name: DowlingMichael 11/16/2012 12:22:46 PM Approved By Name: pochopinpat Title: Administrative Assistant,Facilities Management Date: 11/30/2012 8:18:32 AM Name: MottToni Title: Manager - Property Acquisition & Const M,Facilitie Date: 11/30/2012 12:07:30 PM Name: CampSkip Title: Director - Facilities Management,Facilities Manage Date: 11/30/2012 1:54:35 PM Name: KlatzkowJeff Title: County Attorney Date: 11/30/2012 3:03:19 PM Packet Page -3887- Name: PriceLen Title: Administrator, Administrative Services Date: 11/30/2012 3:41:37 PM Name: KlatzkowJeff Title: County Attorney Date: 11/30/2012 4:24:19 PM Name: PryorCheryl Title: Management/ Budget Analyst, Senior,Office of Manag Date: 11/30/2012 4:33:29 PM Name: OchsLeo Title: County Manager Date: 12/1/2012 3:02:09 PM Packet Page -3888- 12/11/2012 Item 16.E.6. 12/11/2012 Item 16.E.6. Lease # 653 FOURTH AMENDMENT TO LEASE AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER COUNTY FAIR AND EXPOSITION, INC. This FOURTH AMENDMENT TO LEASE AGREEMENT is entered into this 11 `h day of December, 2012, by and between Collier County (`=County ") and the Collier County Fair and Exposition, Inc., f/k/a the Collier County Fair and Agricultural Exposition, Inc. ( "Lessee "). WHEREAS, the parties entered into a Lease Agreement dated November 10, 1986, as amended January 16, 1990, December 18, 1990, and May 5, 1.998, hereinafter collectively referred to as `Lease Agreement;' and WHEREAS, the Lease Agreement did not specify the approved uses for the demised premises, which has led to community concerns as to the propriety of the events being conducted at the Fairgrounds; and WHEREAS, the County and Lessee desire to amend the Lease Agreement to help bring certainty to this issue and lessen community concerns. NOW, THEREFORE, the County and Lessee agree that the Lease Agreement shall be amended as follows: 1. In addition to operating the Collier County Fair, the approved uses for the demised premises shall be as follows: A. Annual Events (Limited to a one -time event each year, unless in conjunction with County Fair. Lessee shall be required to apply, obtain and pay all fee(s) for any County permits necessary in order to conduct the events listed below, unless otherwise noted): Boy Scouts Rocket Day (no permit required) Country Jam Demolition Derby Parking for off -site Special Events such as TMn Eagles Golf Tournaments (no permit required) Rodeo and Associated Arena Events Sheriff's Office Sponsored: Junior Deputy Day (no permit required) Haunted Walk (Open to the public) Annual BBQ Cook -off Any other event first approved by the Board of County Commissioners. B. Long -term Sub- Leases: Collier County Emergency Debris Collection Site FPL Emergency Staging Area �. Model Airplane Club Motorcycle Riding School Any other sublease first approved by the Board of County Commissioners. 1 Packet Page -3889- i i 12/11/2012 Item 16.E.6. Lease # 653 C. Temporary Use Permit Events (Lessee shall be required to apply, obtain and pay all fee(s) for any County permits necessary in order to conduct the events listed below, unless otherwise noted): Seasonal Sales including Christmas trees (up to 5 weeks and counted as I event) Pop Warner Football Awards Party or similar Special Events Flea Market Collier County School District Field Trips (no permit required) Collier County Fire Districts' Training (no permit required) Collier County Sheriff's Office Training (no permit required) Birthday and Wedding Celebrations Fundraisers Lessee shall also be granted the right to conduct temporary uses at the Fairgrounds, such as, but not limited to, the above- listed Temporary Use Permit Events by way of the Collier County Temporary Use Permit process, which will allow the Lessee to conduct additional events at the Fairgrounds, by applying, obtaining and paying the required fees for the Temporary Use Permits for each event, which the total number of days permitted shall be twenty -eight (28). 2. Except for the annual County Fair, no amplified sound or music is permitted after 10 p.m. on Fridays and Saturdays or 7 p.m. on Sundays through Thursdays. 3. The following provision shall be added to Article 8 (Maintenance): The existing marquee - styled sign is the property of the County, and the County and the Lessee shall equally share the cost of any repair, maintenance or replacement of the sign throughout the life of this Lease. 4. Article 14 (Notices) is amended to read: Any notice, request, demand, instruction or other communication to be given to either party hereunder, shall be in writing, sent by facsimile with automated confirmation or receipt, or by email with automated confirmation or read receipt, or by registered or certified mail, return receipt requested, postage prepaid, transmitted or addressed as follows: If to County: Real Property Management 3335 East Tamiami Trail, Suite 101 Naples, Florida 34112 Attention: Collier County Leasing Specialist Telephone: 239 -252 -8743 Facsimile: 239- 252 -8876 Email: michaeldowlingCatcolliereov.net If to Lessee: Collier County Fair and Exposition, Inc. 751 39th Avenue NE Naples, FL 34120 Telephone:. (239) 455 -1444 Facsimile: (239) 455 -6701 Email: office@colliercountvfair.com 2 Packet Page -3890- 12/11/2012 Item 16.E.6. Lease # 653 �— 5. All other provisions contained in the Lease Agreement dated November 10, 1986, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and .seals.. AS TO THE COUNTY:. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By; By: Deputy Clerk FRED W. COYLE, CHAIRMAN AS TO THE LESSEE: COLLIER COUNTY FAIR AND EXPOSITION, INC. By: Witness (signature) (print name) (Print Name and Title) Witness (signature) (print name) M.-IMNEM J and legal sufficiency:' , County Attorney 3 Packet Page -3891-