Backup Documents 04/10/2012 Item #16D12ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1601eTO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
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 signature, draw a line through routing lines #I through #4, complete the checklist, and forward to Ian Mitchell (line 46).
Route to Addressee(s)
(List in routing order)
Office
Initials
Date
1.Colleen Greene
Legal
(Initial)
Applicable)
2.
April 10, 2012
Agenda Item Number
1(0 D 12
3.
signed by the Chairman, with the exception of most letters, must be reviewed and signed
4.
Non - Exclusive license agreement
Number of Original
1
5. Ian Mitchell, Executive Manager
to the BCC
Board of County Commissioners
Documents Attached
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
13011?_
(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
Ilonka Washburn
Phone Number
252 -4039
Contact
appropriate.
(Initial)
Applicable)
Agenda Date Item was
April 10, 2012
Agenda Item Number
1(0 D 12
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
Type of Document
Non - Exclusive license agreement
Number of Original
1
Attached
resolutions, etc. signed by the County Attorney's Office and signature pages fi-orn.
Documents Attached
INSTRUCTIONS & CHECKLIST
I: Fonns/ County Forms/ BCC Forms/ Original Documents Routing Slip, Revised 6 -15 -2011
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 fi-orn.
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.
Is the Chairman's original signature required?
3.
All handwritten strike - throughs and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board.
4.
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.
5.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
6.
r
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Ian Mithchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
7.
The document was approved by the BCC on (enter date) and all changes
N/A is not
made during the meeting have been incorporated to the attached document. The
an option
County Attorney's Office has reviewed the changes, if applicable.
for line 6.
I: Fonns/ County Forms/ BCC Forms/ Original Documents Routing Slip, Revised 6 -15 -2011
16012
MEMORANDUM
Date: April 30, 2012
To: Ilonka Washburn, Operations Manager
Parks and Recreation
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Non - Exclusive License Agreement w /Goodland Boat Park
Enclosed please find a copy of the above referenced document (Agenda Item #16D12),
approved by the Board of County Commissioners on Tuesday, April 10, 2012.
The original has been kept by the Minutes and Records Department as part of the
Board's Official Records.
If you have any questions, please call me at 252 -8411.
Thank you.
16012
NON - EXCLUSIVE LICENSE AGREEMENT
This NON - EXCLUSIVE LICENSE AGREEMENT is entered into this 10th day of April,
2012 by and between the Board of County Commissioners, Collier County, Florida, whose
mailing address is 3299 East Tamiami Trail, Naples, Florida 34112, (hereinafter "Licensor") and
the Goodland Civic Association, Inc, whose mailing address is 417 Mango Avenue, P.O. Box
571, Goodland, Florida 34140, (hereinafter "Licensee ").
WHEREAS, Licensor is the owner of that certain real property described as Goodland
Boat Park, owned and operated by Collier County and depicted on Exhibit A ( "Goodland Boat
Park "); and
WHEREAS, Licensee requested permission for limited use of the Goodland Boat Park at
the March 22 -23, 2005 Board of County Commissioners meeting (Agenda Item 7A); and
WHEREAS, Licensor has agreed to grant Licensee a Non - Exclusive License for the
purpose of holding (3) three Goodland Civic Association, Inc. sponsored two -day events
( "Events ") pursuant to and subject to the terms and conditions of this Agreement.
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Recitals. The foregoing recitals are true and correct and are hereby incorporated
by reference as if fully set forth herein.
2. Goodland Boat Park. Licensor hereby approves the Non - Exclusive License
Agreement to use Goodland Boat Park as shown in Exhibit A attached hereto and made a part
hereof.
3. Term. The term ( "the Term ") of the License shall commence on the date hereof
and shall continue for ten (10) years with the opportunity to renew for two additional ten year
terms, unless sooner terminated with 30 days written notice from the terminating party to the
other party.
4. Goodland Boat Park Use. Licensor has agreed to grant a Non - Exclusive License
for the purpose of holding (3) three Goodland Civic Association sponsored two -day events with
special events to be held in December; in February; and in March during the term of this License.
The Goodland Civic Association will contact the Collier County Parks and Recreation
Department 45 days prior to each of their special events. It is the intent of the Licensor and
Licensee for the park to remain open to the public during these Events; however a portion of the
Park may be closed to accommodate the Event. The Events will be open to the public. Licensor
grants License the right to photograph, record, televise, broadcast, distribute, exhibit, advertise,
and promote the Events.
5. Responsibilities. Licensee acknowledges and agrees that it shall be responsible
for all Events operations and revenue as well as the administration of all revenue derived from
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16D12
the Events. The Licensee shall have the sole right and responsibility with respect to the granting
of concessions (such as food, beverages, and programs), sponsorship, merchandising rights, and
the revenue therefrom subject to approval of the Public Services Administrator. The Licensee is
responsible to properly notify the general public of closed roads and designated parking areas for
the Events. License is also required to have "Certified Crowd Control Managers," or its
equivalent, on site during the Events.
6. Condition of Goodland Boat Park. The Licensee shall monitor, control, and
assume responsibility for all activities, vendors, licensees, and invitees associated with holding
of the Events, such responsibility not being limited to trash collection and clean-up of Property.
The Licensee shall ensure clean-up of Property by close of business at the conclusion of each
Event. Repair of any damaged areas will be at the expense of the Licensee. The Board of
Collier County Commissioners ( "Board ") shall not be obligated or required to improve, repair, or
maintain the Property or any part thereof in any matter whatsoever as a result of a Licensee
Event.
7. Permits. The Licensee shall acquire all permits, including a Special Events
Permit from the Growth Management Division, or its successor, and approvals required by
Collier County and any other governmental entity to conduct such Events and related activities
on the Property. Licensee agrees to obtain a Facility Use Permit Application before an Event
and provide a copy to Parks and Recreation Department within 45 days prior to the Event.
Within the Facility Use Permit Application Licensee will provide a logistical schedule of events
(e.g. deliveries, set -up, clean-up, etc.). The Board will accept in -kind services as payment for the
Facility Rental Fee in the form of advertising of a value equal to or greater than the rental rate.
8. Taxes. The Licensee shall be responsible for paying all taxes and charges
associated with or resulting from the holding of these (3) three Events each year.
9. Maintenance and Repair. Prior to making any changes, alterations, additions, or
improvements to the Property, the Licensee shall provide to the Parks and Recreation
Department, in writing, all proposals and plans for alterations, improvements, changes or
additions to the Property. The Licensee 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 applicable laws, ordinances, rules, regulations, and requirements of the State of Florida. All
permanent 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 Board so directs, the Licensee shall promptly remove all
portable and non - permanent additions, improvements, alterations, fixtures and installations
which were placed in, on, or upon the Property on behalf of the Licensee, and repair any damage
caused to the Property by such removal.
10. Laws. Licensee acknowledges and agrees that the Events will comply with all
Collier County ordinances, codes, and Parks and Recreation Department policies. In particular,
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16012
the event noise will be managed to limit any sound amplification to meet the Collier County
Noise Ordinance. There shall be on site sale and consumption of alcoholic beverages within the
Goodland Boat Park boundaries by the Licensee in strict accordance with Collier County Parks
and Recreation's Alcoholic Beverage Sales and Consumption Policy No. AA0019 (see
Attachment B). There shall be no on -site sales and promotion of any tobacco product within
Goodland Boat Park boundaries by the Licensee.
11. Indemnity. Licensee shall indemnify, defend, and hold harmless Board, its 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) Licensee's use of the Property, (b) any work or thing whatsoever done or any
condition created (other than solely by Board, its employees, agents or contractors) by or on
behalf of Licensee in, about, on or with the Property, (c) any condition of the Property due to or
resulting from any default by Licensee in the performance of Licensee's obligations under this
Agreement, and (d) any act, omission or negligence of Licensee, its agents, contractors,
employees, subtenants, licensees or invitees. In case any action or proceeding is brought against
any of the above by reason of any one or more thereof, Licensee shall pay all costs, attorney's
fees, expenses and liabilities resulting therefrom and shall defend such action or proceeding if
Board shall so request, at Licensee's expense, by counsel reasonably satisfactory to Board,
except where such damage or injury is the result of the gross negligence or willful misconduct of
the Board or its employees.
The Licensee accepts the property "as is." The Board shall not be liable for any injury or
damage to any 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.
12. Insurance. Licensee shall provide and maintain special event general liability and
property liability insurance policy(ies), approved by the Collier County Risk Management
Department for not less than One Million Dollars and No /Cents ($1,000,000) combined single
limits during the term of this Agreement. Collier County shall be listed as additional insured on
the commercial general liability policy; and shall include a provision requiring ten (10) days
prior written notice to Collier County c/o County Risk Management Department in the event of
cancellation or changes in policy(ies) coverage. Board reserves the right to reasonably amend
the insurance requirements by issuance of notice in writing to Licensee. Upon receipt of such
notice, Licensee shall have ten (10) days in which to obtain such additional insurance.
Additional insurance policies are required for the sale and consumption of alcohol at a
Licensee event including but not limited to Host or Liquor Liability, and Non -owned Automobile
Insurance Coverage. Licensee shall refer to Collier County Parks and Recreation's Alcoholic
Beverage Sales and Consumption Policy No. AA0019 (see Attachment B) for additional
insurance requirements: Evidence of such liquor or host liability insurance shall be provided to
the Collier County Risk Management Department, 3301 East Tamiami Trail, Administration
Building, Naples, Florida, 34112, for approval 10 days prior to the commencement of each event
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16D1 ?_
13. Default. Licensee's failure to perform any or abide by the terms of this Non -
Exclusive Use License Agreement shall constitute a default hereunder. Licensor shall give
written notice to Licensee of such default. If any default by Licensee remains uncured for more
than thirty (30) days after notice of default, Licensor may, without limiting or waiving any other
right Licensor may have under this Agreement or at law or in equity, terminate this Agreement
and immediately take possession of the Goodland Boat Park.
14. Non- Waiver. No waiver of any condition expressed in this Agreement shall be
implied by any neglect of Licensor to enforce any remedy on account of the violation of such
condition whether or not such violation be continued or repeated subsequently, and no express
waiver shall affect any condition other than one specified in such waiver for the time and in the
manner specifically stated. Receipt of monies by Licensor from Licensee after any termination
of this Agreement shall not reinstate, continue or extend the term or affect any notice given to
Licensee prior to me receipt of such monies, unless specifically reinstated, continued or extended
by Licensor. After the service of notice of termination or the commencement of a suit or after
final judgment for possession of the Goodland Boat Park, Licensor may receive and collect any
monies due, and the payment of said monies shall not waive or affect said notice, suit or
judgment.
15. Notices. All notices, demands, requests, or other communications made pursuant
to, under, or by virtue of this Agreement must be in writing and either hand delivered, delivered
by overnight courier, or sent by facsimile transmission with confirmed transmission receipt or
electronic transmission including email, or mailed through the United Postal Service by certified
or registered mail, return receipt requested, to the party to which the notice, demand, request, or
communication is being made as follows:
If to Licensor: Collier County Board of County Commissioners
c/o Barry Williams, Director, Parks and Recreation
15000 Livingston Road
Naples, FL 34109
With a copy to: Ilonka Washburn, Operations Manager
If to Licensee: Goodland Civic Association, Inc.,
417 Mango Avenue
P.O. Box 571
Goodland, Florida 34140
or to such other address as may be hereafter designated by either Licensor or Licensee by giving
written notice to the other party. Any notice demand, request or other communication shall be
deemed to be given upon actual receipt in the case of hand delivery, facsimile, or telecopier
transmission, or delivery by overnight courier. In the event of any notice via telecopier or
facsimile transmission, a hard copy shall be sent via overnight mail on the day of such
transmission received after 5:00 p.m. eastern standard time shall be deemed to have been given
on the next following business day.
Page 4 of 6
16012
16. Administration. This Non - Exclusive License Agreement shall be administered on
behalf of the Board by and through the Collier County Parks and Recreation Department.
17. Time of the Essence. Time is of the essence in this Agreement.
18. Governing Law and Venue. This Agreement is governed and construed in
accordance with the laws of the State of Florida.
19. Integration. This Agreement contains all of the terms agreed upon between the
parties with respect to the subject matter hereof and is the complete, final, exclusive, and entire
understanding between Licensee and Licensor with respect to the purchase and sale of the
License and supersedes all previous contracts, agreements, and understanding of the parties,
either oral or written, relating to the License or the Goodland Boat Park. This Agreement is not
assignable or transferrable. Any attempt to assign shall be void ab initio. This Agreement
represents a bare license for the Licensee's use of the Property and does not convey any estate in
the Property or create any interest therein whatsoever.
20. Amendments. This Agreement may not be changed, modified or terminated,
except by an instrument executed by the parties hereto.
IN WITNESS WHEREOF, the parties hereto have made and executed this Non - Exclusive
License Agreement as of the date set forth on the first page hereof.
LICENSEE:
GOODLAND CIVIC ASSOCIATION, INC.
.31112- By: 3 -A0 -12-
Signature First Witne s V Signature
Print Witness Witness Nam
Signature S cond Witness
&<r W y
n
Print Wi ess Name
LICENSOR:
ATTEST:
DWIGHT E. BROCK, CLERK
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ep%tty Clerk
.V:.Ak�eV_ A�CeZ JA4P_1
Typed signature and title
ApPra- Jency
aunty AttOMOY
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Fred W. Coyle, Chairm n
Page 5 of 6