Agenda 07/26/2011 Item #16G57/26/2011 Item 16.G.5.
EXECUTIVE SUMMARY
Recommendation to approve attached License Agreement between the Collier County Airport
Authority and Serenity Construction Services, Corp. relating to the harvesting of palmetto berries
at the Immokalee Regional Airport.
OBJECTIVE: That the Board of County Commissioners, in its capacity as the Collier County
Airport Authority (Authority), approves the attached license agreement between the Collier
County Airport Authority and Serenity Construction Services, Corp. (Licensee) for the
harvesting of palmetto berries at the Immokalee Regional Airport.
CONSIDERATIONS: The Authority is responsible for operation and maintenance of the
hnmokalee Regional Airport (Airport), which it Sub - Leases from Collier County pursuant to a
master Sub -Lease Agreement dated May 24, 1994.
Licensee desires to harvest saw palmetto berries at the Invnokalee Regional Airport. The
operations of Serenity Construction Services, Corp. will not interfere with safe, efficient
operations at the Airport.
The tern of the agreement is two (2) months. Licensee shall pay the Authority $0.10 (ten cents)
for each pound of saw palmetto berries harvested on the premises.
FISCAL IMPACT: The fees to be received are already accounted for in the FY2011 Airport
Operating budget.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This agreement has been reviewed by the County Attorney's
Office, is legally sufficient, and requires a majority vote. - JAK
RECOMMENDATION: That the Board of County Commissioners, acting as the Collier
County Airport Authority, approves the attached license agreement between the Collier County
Airport Authority and Serenity Construction Services, Corp.
PREPARED BY: Chris Curry, Airport Authority Executive Director
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.G.5.
7/26/2011 Item 16.G.5.
Item Summary: Recommendation to approve attached License Agreement between the
Collier County Airport Authority and Serenity Construction Services, Corp. relating to the
harvesting of palmetto berries at the Immokalee Regional Airport.
Meeting Date: 7/26/2011
Prepared By
Name: BrueggemanDebra
Title: Operations Coordinator, Airport Authority
7/18/2011 1:39:59 PM
Submitted by
Title: Executive Director - Airport Authority,Airport ,Authority
Name: CurryChris
7/18/2011 1:40:01 PM
Approved By
Name: BrueggemanDebra
Title: Operations Coordinator, Airport Authority
Date: 7/18/2011 2:20:37 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 7/18/2011 4:25:22 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 7/19/2011 8:37:09 AM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 7 /19/2011 9:20:21 AM
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7/26/2011 Item 16.G.5.
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 7/19/20119:49:36 AM
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7/26/2011 Item 16.G.5.
To Debbie Brueggeman Page 2 of 4 2011 -07 -15 17:3713 (GMT) 12392360441 From: Tammy vzoguiae
07/15/21111 08:37 2393943515
CCAA
LICENSE AGREED'IENT
PAGE 82/84
THIS LICENSE AGREENaNT, made this �,•__ day of
between the .board of County Cornmissiuuers of Collier County, FI X11'
County Airport Authority, 2005 Mainsail Drive Suite # I, Naples, Ff�341 qn 23s the Collier
(hereinafter referred to as the "Lioonsor') and Serenity Crmsrn,,..:,,,,
(hereinafter referred to as
I• PRECA=; The Authority (l.,icensor) hereby licenses the Licensee the privilege to conduct
Palmetto berry harvesting operations within the area depirtcd In Exhibit A attached and mule a
pan hereof for the sole purpose of saw palmetto berry harvesting at the Immokalce Regional
Airport, 165 Alrpark Boulevard, Itnmokalec, FL.
2. TERM: This bare license with no interest attached begins urr 4aptember ]. 'lt 11 and terminates
on November 1. 2011,
3• EM: Licensee shall pay a license fee of fi, ( teen Aera1 nnr sound for each
palmeuo berries harvested on the promises, Licensee shall _ gourd of saw
report of quantities harvested. License fees are due on Friday of cash Week without errand.
Any failure to pay the fee in full shall require payment of a late fee equal to thirty dollars
($30.00) and any failure to pay in full and on time shall be cause for termination of the license.
4. h1ARjjBNANC6: Licensee accepts the promises "as is." Licensee Is responsible for all odter
damage to the premises canned by Licenser.'s use of or presence at/in the prefultiOs.
5. LL6BILI1 - Licensee hereby waives all future claims against Licensor, its cmployeet, agents
and/or reptesentatives for any and all liability for damage to property in or around rite licensed
Premises. Any act or use of the premises by Licence not cxprnssly authorized by this license,
including storage of hazardous materials arc strictly prohibited.
6. USE OF P FMf5R4; The premises shall be used only for the purposo of harvesting saw
Palmetto berries. All Other use of or storage within the premises is strictly prohibited. Any
attempt to sublicense, assign or otherwise transfer this license is void ab initio anlaa6 the
Executive Director authorizes same through his/her execution of a written agreement rnr same,
and never to exceed 6 month's duration.
Customer shall check in at the General Aviation Temdnnl Building prior to each day's harvest
and check, out at Clio General Aviation Building and sign a log with the approximate amount of
berries (bags /weight) harvested throughout the day. Payment shall be nenritted
copiers of the weigh slips, weekly to the
Airport Authority Office, 2005 Mainsail Drive, Naples, F7 34714 w 111 a total harvest report and
Palmetto berries shall be harvested between 8:00 AM and 5:0D PM unless Otherwise approved
by the Airport Manager in writing.
7. iHRMINATIO�T: This is an at -will liceu.c. Either party has the right to terminate thin license
with or without cause by giving the other party 9 days written noduc, Following termination. if
Licensee does not remove all property brought onto the promises by or on behalf of Licensee,
Licensee agmWi that Licensor may summarily rcmuvc all such property without any liability.
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To - 7/26/2011 Item 16.G.5. -
: Debbie Brucpgeman -_ Page 3 of 4
2011 -07 -15 17.37 '3 ((3h1T) 12392360441 From: Tammy Yzaguirre
07/15/2011 us:37 2393943515
CCAA PAGE 03/04
g• SECURITY ANN &Ey55 Linea, agrees
including ;security regulations, Seeurrof the l caned remises with
nd aLicensor rort every respect,
sole res ty y p Property therein is the
ponslbiB of me Licensee. Licensee shall provide Licensor with a dupliexte key to any
lock or locking device that secures the licensed premises. Licensor will use the key to gain
access only in the event that an emergency appears to uecesshate immediate access by Licensor.
Licensor shall not be responsible for theft, vandalism, or load pilferage, or other dama to any
property except that which may result because. a lo damage or or other locking device opened by
Licensor is not re- locked through negligence of Licensor,
JU,• • ua t iii
A. Licence agrees rn indemnify fully and save and hold harmless Collier County, Authority,
and their officers, agentS, and employees from and aVinst all losses, damages, claims,
liabilities, and causes of action of evcry kind or character and nantte es well es costs and
fees, including reasonable attorney's fees connected therewith including any and all appeals,
and the expense Of the investigation thereof, ba+ed upon or arising out of damages or
injuries to any and all third persons or their propciry , Authority shall give Licenser. prompt
and reasonable notice of any such claim or act on Licensee shall have the right to
invGStigate, compromise, and defend the same to the extent of its own interest.
B. During the entire term of this agreement, Licensee shall provide, pay for, and maintain the
types ofinsuraitcc required by the Collier County Risk Management Department as listed I I
Exhibit B attached and made a part hereof. All insurance shall be ftnm responsible
companies tlUiy authorized to conduct the respective insurance in the State of Florida and/or
responsible risk retention group insurance companies registered with the State of Florida,
All liability politics stall provide that the Author ity and the Cormry of Collier as additional
insureds as to the uses of the licensed prcmisus under this agreement and shalt 3100 provide
the Separation of insured's Revision. Prior to the cxecutlon of this agrxmcnt by Licensee,
the specified insurance coverages and limits required must be evidenced by properly
executed Certificates of Insurance on the forms which arc deemed acceptable by Authority.
IN WITNESS WHEREOF, the Licensee and Licensor have hereto executed this License
Agreement the day and year tlrst shove written.
AS TO LTCENISEE: SHR6N��IT^^Y ONSTRUCTTON SERVICES, CORP.
By:
r2/►"
AS TO THE LTCENS(,)R: nt Name nd Ie
Attest BOARD OF COUNTY COMMISSIONERS
DWIGtIT >:. BROCK, Clerk OF COLLIER COUNTY, FLORIDA, serving as the
COLLIER COUNTY AIRPORT AU'T'HOR ..
to form
and
Deputy Clerk FRED W. CO),7 CHAIRMAN
County Attomey
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Exhibit "A"
7/26/2011 Item 16.G.5. -
3
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7/26/2011 Item 16.G.5. -
EXHIBIT "B"
Collier County Florida
Risk Management Insurance Requirements
EXPIRATION
DATE INSURANCE TYPE REOURED LIMITS
Insurance Agency:
1. Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all
Federal Government Statutory Limits and Requirements
2. Commercial General Liability (Occurrence Bodily Injury & Property Damage
Form) patterned after the current I.S.O.
form with no limiting endorsements $1,000.000 Single Limit Per Occurrence
3. IDEMNIFICATION: To the maximum extent permitted by Florida law, the Contractor/ Vendor /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 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.
4. Automobile Liability Owned /Non - owned/ $500.000 Each Occurrence
Hired Automobile Included
5. Collier County must be names as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial
General Liability where required,
6. 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.
7. Thirty (30) Days Cancellation Notice required
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