Backup Documents 03/27/2012 Item #14A 4ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLID 4 A 44
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENTTO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and /or information needed. If the document is already complete with the
exception of the Chairman's sienature. draw a line through
-- -� -- r- o ut- ino g lines #1 thr„u h tea 1 f. ao --A .
Route to Addressee(s)
(List in routing order)
�_o.. „ ., .,.,...r ...... ..... ............�., ...,.,
Office
..,, _ u w o r buu
Initials
tuuc ni).
Date
1.
appropriate.
(Initial)
Applicable)
2.
March 27, 2012
Agenda Item Number
14A4
3.
signed by the Chairman, with the exception of most letters, must be reviewed and signed
4. Steve Williams
County Attorney
Number of Original
3
5. Ian Mitchell, BCC Office
Supervisor
Board of County Commissioners
Documents Attached
3�36� ( 2
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created /prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff
Debbie Brueggeman
Phone Number
(239) 642 -7878 Ext. 34
Contact
appropriate.
(Initial)
Applicable)
Agenda Date Item was
March 27, 2012
Agenda Item Number
14A4
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
Type of Document
Site License Agreement: Hot Air Balloon &
Number of Original
3
Attached
Harvest Festival at IMM
Documents Attached
INSTRUCTIONS & CHECKLIST
l: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9.18.09
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
(Initial)
Applicable)
1.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2.
All handwritten strike - through and revisions have been initialed by the County Attorney's
,+
N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
3.
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.
4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip
1; .
N/A
should be provided to Ian Mithchell in the BCC office within 24 hours of BCC approval.
\ 1
Some documents are time sensitive and require forwarding to Tallahassee within a certain
f
time frame or the BCC's actions are nullified. Be aware of your deadlines!
6.
The document was approved by the BCC on 3 -27 -12 (enter date) and all
changes made during the meeting have been incorporated in the attached document.
The County Attorney's Office has reviewed the changes, if applicable.
a
l: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9.18.09
14A 44
MEMORANDUM
Date: August 20, 2010
To: Debbie Brueggeman, Operations Coordinator
Collier County Airport Authority
From: Martha Vergara, Deputy Clerk
Minutes and Records Department
Re: Site License Agreement at the Immokalee Airport
Seminole Casino at Immokalee
(Hot Air Balloon Event & Harvest Festival)
Attached are two (2) original copies of the document referenced above
(Agenda Item #16G5), approved by the Board of County Commissioners on
Tuesday, March 27, 2012.
The third original Agreement has been kept by the Board's Minutes & Records
Department as part of the Boards Official Record.
If you have any questions, you may contact me at 252 -7240.
Thank you.
1'4 A 4d
SITE LICENSE AGREEMENT:
HOT AIR BALLOON EVENT AND HARVEST FESTIVAL
AT IMMOKALEE REGIONAL AIRPORT
LICENSE AGREEMENT BETWEEN THE COLLIER COUNTY AIRPORT
AUTHORITY AND THE SEMINOLE CASINO AT IMMOKALEE, APPROVING THE
USE OF COUNTY -OWNED PROPERTY FOR THE PURPOSE OF A HOT AIR
BALLOON EVENT AND HARVEST FESTIVAL.
This License Agreement entered into this 27th day of March, 2012, by and between the Board of
County Commissioners, in its capacity as the Collier County Airport Authority, whose mailing
address is care of Airport Authority Director, 2005 Mainsail Drive, Suite 1, Naples, Florida
34114, hereinafter referred to as AUTHORITY, and Seminole Tribe of Florida d/b /a/ Seminole
Indiana Casino - Immokalee whose mailing address is 506 South 1st, 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 13 -15, 2012.
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 a hot air balloon event "Balloons over Paradise" and Harvest Festival.
2. The approval of the use of the Property by the PERMITEE shall extend from April 12 -16,
2012. PERMITEE is granted use of the Property 5:00 a.m. until 11:00 p.m. [These dates include
one (1) day for set -up, one (1) day for take -down and three (3) 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 16, 2012, 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 PERMITEE 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. PERMITEE agrees to provide adequate personnel
for the timely removal of all event items and remnants.
14A 44
4. The PERMITEE 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
issued by the Planning and Permitting Department located within the Collier County Growth
Management Division building on Horseshoe Drive.
5. The PERMITEE shall pay Seven Hundred and Twenty -Five and No /100 Dollars
($725.00) per day for April 13 -15, 2012 (and not for the set up or tear down days) by or on
April 10, 2012, 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
Property by the PERMITEE, 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 terms 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 or its agents, contractors,
2
14A 44
employees, subtenants, licensees, invitees or patrons. In case any action or proceeding if
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. PERMITTEE shall not be responsible for clean up, removal and remediation
of any existing environmental condition prior to the date of the event.
3
14A 44
15. The PERMITEE shall be responsible for paying all applicable sales taxes, and charges
associated with or resulting from the holding of this event.
16. The PERMITEE shall be allowed to utilize water on AUTHORITY'S Property, if
available, without any cost to PERMITTEE.
17. At its sole cost, PERMITEE shall be required to provide portable lavatories on the
Property during the event and remove said portables following the event.
18. At its sole cost, the PERMITEE shall be required to contract for and provide dumpsters
on the Property during its use of the Property.
19. At its sole cost, the PERMITEE shall be responsible for contracting bona -fide security or
police protections for crowd and /or traffic control in sufficient numbers to protect the health
welfare and safety of the public attending the event. PERMITEE shall be solely responsible for
obtaining and compensating personnel to handle all parking requirements. Parking requirements
include personnel necessary for the maintenance of the adequate and acceptable flow of traffic
entering and leaving the event. If PERMITEE fails to provide such personnel and County staff,
agents, employees or workers must be used to handle traffic congestion issues; PERMITEE shall
reimburse Collier County for such costs.
Public and all vehicular parking shall be delineated on a map /diagram attached to this Agreement
as Exhibit "A." Personnel shall be utilized by PERMITEE to ensure that all parking at the event
is conducted according to the attached Exhibit "A."
20. This Agreement is governed and construed in accordance with the laws of the State 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
IN WITNESS WHEREOF, the parties hereto have made and executed this Limited Use
License Agreement as of the day and year first above written.
AS TO THE PERMIT E:
Wit ess (signatur )
(print name)
Witn s (sfgnat e)
(print name)
SEMINOLE TRIBE OF FLORIDA d/b /a
SEMINOLE INDIAN CASINO — IMMOKALEE
C
Z
AS TO THE AUTHORITY:
ATTEST,�F,,:,
DWIGRiT°E%-ST1,6CK, CLERK
Approved as to form
and legal sufficiency:
�4L�- - C'3�-L '-
Steven T. Williams
Assistant County Attorney
1
14 A 41
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA, IN ITS
CAPACITY AS THE COLLIER COUNTY
AIRPORT AUTHORITY
B. W .
Y
FRED W. COYLE, Chairm
Site License Agreement: Hot Air Balloon Event and Harvest Festival at Immokalee Airport
14 A 4 4
E 4HIBIT A
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COLLIER COUNTY AIRPORT AUTHORITY
CONTRACT INSURANCE
REQUIREMENTS
14A 44
EXHIBIT B
FORM 3- Commercial Activities License /Sublease of Land /intermediate
Hazard or Intermediate Term /Aviation Related
TYPE
I LIMITS Check
X
Workers' Compensation
Statutory Limits of Florida Statutes 440 and Federal Government
Statutory Limits and Re uirements
X
Employer's Liability
X
$500,000
$1,000,000
Commercial General
$500,000 per occurrence
$1,000,000 per occurrence
Liability (Occurrence Form)
bodily injury and property
bodily injury and property
patterned after the current
damage
damage
ISO form with no limiting
endorsements.
X
Airport Liability Insurance
$500,000 per occurrence
X
$1,000,000 per occurrence
bodily injury and property
bodily injury and property
damage
I
damage
Han arkee ers Liability
$500,000 per aircraft
$1,000,000 per aircraft
X
Aircraft Liability Insurance
X
I $500,000 per occurrence
1
$1,000,000 per occurrence
bodily injury and property
bodily injury and property
damage
damage
X
Business Automobile
X
$500,000 per occurrence
$1,000,000 per occurrence
Insurance
bodily injury and property
bodily injury and property
damage
damage
Pollution Liability Insurance
$500,000 per occurrence
$1,000,000 per occurrence
bodily injury and property
bodily injury and property
damage
I
Jdamage
Property Insurance
Replacement Cost- All Risks of Loss
INDEMNIFICATION: To the maximum extent permitted by Florida law, the ContractorNendor /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
ContractorNendor /Consultant or anyone employed or utilized by the ContractorNendor /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.
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.
Thirty (30) Days Cancellation Notice required on Agreements exceeding fi months. The contract name
and number shall be included on the certificate of insurance.
Collier County shall be shown as an "ADDITIONAL NAMED INSURED" on property policies where an
interest in improvements and betterments is made as its interests may appear.
Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial
General Liability and /or Airport Liability where required.
FORM 3- Commercial Activities License /Sublease of Land /intermediate
Hazard or Intermediate Term /Aviation Related
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