Loading...
Agenda 10/25/2011 Item #16G110/25/2011 Item 16.G.1. FYe/'nTrvR grlMMeeY R mmanda n b apprmm a License Agreement with Me King Brothars Chew M the Immokalee Arport for a one night avant. OBJECTIVE: That the Board Of County Commissioners approves the ling Brother; Caws Site ticanse Agreement In order to conduct a circus m the Immokalee Airport property. CONSIDERATIONS: The King Bromers Cbau CUh ') has rNue use of a ponton of Ma gmasedareaatthe Imnokalee AnpWinordarroconductaolrcusa MtabeheldfmonengM on Novernber6, 2011. The Aitpcd AMhoriy h agreed W aloes the Circus tO um a noe-aviagon pce n of to Airport properly measuring 150' x200' plus an etljacent area for pariung ('Property'). The license Agreement (Agreement) provides use of the Property for a twenty-kur hour period beginning at midnight on November 5, 2011. The Circus shall as required to mien and pay all costs associated wah permits required to Conduct this event The Circus has already preNtled the Couny vin the required Lnbgity Insurance Polity naming the County as an edditbnal Insurai. The Circus shall be allowed to use the onahe water guppy took -up, and is required to provide antl pay for dumpatem and portable tavataries during the evert. no Circus is also requiretl to contract ant pay fm security ancYce police for orovd anclor traffic control. The cost for use of the properly is Flee Hundred Dollars (5500). FISCAL IMPACT: The wage fee of Five Hundred Dollars (SSW) shag be depdoled Into the Collier County Airport Authority Fund 495. There is no impact to the Growth Man rgamew Plan. RECOMMENDATKIN: net the Board of County Commbeionere approves Me Stated! King Brothers Clras Site Lnanse Agreement. SUBMITTED BY: Michael H. Doering, Swim Property Management Specialist: FaclMas Management Deparo ent Packet page -2453- 10/25/2011 Item 16.13.1. ^ COLLIER COUNTY Baas of County Commissioners Item Number: 16.61. Item Summary: Recommendation to approve a License Agreement with the King Brothers Circus at the Immokalee Airport for a one night event. Meeting Date: 10/25/2011 Prepared By Name: BmcggemanDom Title: Operations Coordinator Ari Aulhori y 10/6/2011 139:11 PM Submitted by Title'. Eeewwe Director -Airport Autbority,Airyun Authonty Name CurryChria ^ 101 1:59:13 PM Approved By Name'. DowlingMichael Title: Property Management Specialist, Senioclm ilities Date: 100/2011 10:4459 AM Name: CurryChris Title: Executive Director- Airport Amhor,Alrpon Author Da¢: 10/14/2011 11:58:34 AM Name: Klatrkowle0' Titles County Atlomey, Date: 10/1420112:4850 PM Name: Klalvkow]eR Title: County Acumen, Date : 10/1420113'.32'.31 PM ^ Name: Greenwalcupi Packet Page -2454- 10/25/2011 Item 16.G.1. Title: ManagementBUGgu Analys40f ce of Managemem& 6 .—. Date: 10 /14Q0114:3852 PM Name KlatilmwJeff Titles County Attomey, Date: 10/14/20114:47:09 PM Name: OchsLw Titles Coonry Manage( Dam 10/16/20114:53:13 PM Packet Page -2455- 10/25/2011 Item 16.G.1. ^ KING BROTHERS CIRCUS SITE LICENSE AGREEMENT By this License, United Circus Opemting Company. Inc., d/b /a The King Brothers Cirens, herein called "Chins' and Collier County Airport Authority, whose nailing address is in care of Airport Authority Director, 2005 Mainsail Drive, Suite 1, Naples, Florida 34114, herein called the "Owrar," agrees as follows: 1. Owner hereby licenses real property in Collier County, Florida, described m a portion of the open field at the Immokalee Airport, fuMe shown on the attached Exhibit W, hereinafter referred to as "Property," for a circus engagement W be held no November 6, 2011. Circus shall be allowed W enter upon the Property for a twenty-four hour period beginning November 5, 2011 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 permits) shall be defended W Owner, along with the use fee sited below by or oo November 5, 2011, 3. Circus shall pay Owner Five Hundred Dollars ($500) by or on November 5, 2011, plus any applicable sales and/or use tuxes for use fee of the Property. ^ 4. Circus may cancel this License upon 30 days written notice W Owner. 5. Circus shall keep the Property in a clean and orderly condition, and shall return the Property In m good -as condition as when received, reasonable wear and tear expected. 6. Comer shall not license, lease or sublet the Properly to another circus, carnival or outdoor uwnent of the same or similar nature from the date of mks License until 30 day after the event date described above. ]. 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. S. Circus shall provide diviner with a certificate of liability insurance providing a coverage limit of $1,000,000 and naming Owmcr as an additional insured. Said certificate must be delivered W Ovine, along with the Fourths) and use fee, by November 5, 2011. If the certificate is not in the Owner's possession by the aforementioned date, the Owner shall have the right W cancel the event without any prior notice. 9. Circus, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is heeby acknowledged, shall indemnify, defend and hold brainless Owner, its agents and employees from and against any and all liability (smmtmt or otherwise), damages, clause sums, demands, judgments, costs, interest and expenses (including, but not limited to, ^ attorneys' fees and disbursements bath at trial and appellate levels) arising, already or Packet Page -2456- 10/25/2011 Item 16.G.1. indirectly, from any injury to, or death of, any person or persons or damage to property -� (including loss of use thereat) related to (A) Circus's use of the Progeny, (B) my work m thing whataever done, or any condition created (other than by Owner, its employees, agents or contractors) by or on behalf of Cletus in or about the Property, (C) my condition of the Property due to or resulting from any default by Circus in the performance of Circus's obligations under this License, or (D) any act, omission or negligence of Circus or its agents, contractors, employees, subtenants, licensees, purities or patrons. In case any action or proceeding is brought against Owner by reason of any one or more thereof, Circus shall pay all costs, anomeys' fees, expenses and liabilities resulting therefrom and shall defend such much or proceeding if Owner shall so request, at Circus's expense, by counsel reasonably satisfactory to Own". The Owner shall not be liable for any injury or damage to person or Property caused by to 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 concoction of any public or quasi - public works. The (pitcher shall not be liable for my damages to or loss of, including lass due to petty theft, my property on the Property or my part thereof, and the Circus agrees to hold the Owner hmmless from any claims for damages, except where such damage or injury is the result of the gross negligence or willful misconduct of the Owner or its employees. 10. Owner warrants that it is the owner of the Property and has full right and authority to license NeProperty to the Ciron. 11. T1sls License shell be govemed 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 suite court of competent jurisdiction in Collin County . Tae parties waive my right to a jury trial in an action or Marmots arising out of his License. 12 The conduct of the Circus engagement shall be harbor the sole control of the Circus Owner shall not bs responsible for the activities of to Cams 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 semrhy or police protection for crowd author traffic control. 14. The Circus stall be allowed to wilUe water m Owner's Property without my chat to Circus. 15. At its and cost, the Circus shall be required b provide portable lavatories on the Property during the event and remove said portable following the event. 16. At is sole cost, the Circus shell be required b contract and provide dump arrs on me Property during its use of me Property. Packet Page -245]- 10/25/2011 Item 16.G.1. r. 14 WITNESS WHEREOF, the panto have hereto executed this Licevse the day and year fast above marten. By: wlTNess (aigvaare) EDWARD J. TOTH, President (pant name) WITNESS (signenae) (Prntname) 1';�yyryk:1�a19.IWtA Attest: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Cleric OF COLLIER COUNTY, FLORIDA, scrvivg as the COLLIER COUNTY AIRPORT AUTHORITY By: By: , Deputy Clerk FRED W. COYLE, CHAIRMAN App v n legal sumv'v cy: JemeyA w,Ccunty Attorney Y Packet Page 2458- - +.ZAN � + ■ , . a. . tl`ZL, » .. w .. w. z wa,w EXHIBIT `A' Page 2 of 2 AREA FOR RV'S 10/252011 Item 16.G.1. 60' i Fine � L R C £ o N i . D \ " E C E S S I ENTRANCE TENT S PoNYRDE D DIA, N D 5 g BI IeTBt¢f, w HIBN C 81O TDP: 9P X 11 V ]C NI mTSIM 15Vx 2W Packet Page -2664