Backup Documents 10/23/2012 Item #16G 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 6 G 3
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#1 through#4,complete the checklist,and forward to BCC(line#5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4.
5. BCC Office—Commissioner Board of County Commissioners
Coyle ‘3 125112
6. Minutes and Records Clerk of Court's Office
4-Zr6oraroz_62,44 DD-a- -rg Ersv t ''C„
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 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
Agenda Date Item was October 23,2012 Agenda Item Number 16G3
Approved by the BCC
Type of Document Site License Agreement with Immokalee Number of Original 1
Attached Chamber for Harvest Festival at IMM Documents Attached
INSTRUCTIONS & CHECKLIST
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.) 11sJ1
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. r�
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 n
should be provided to the BCC office within 24 hours of BCC approval. Some documents 1"
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!
6. The document was approved by the BCC on 10-23-12 (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.
I: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
16133
MEMORANDUM
Date: October 25, 2012
To: Debbie Brueggeman, Operations Coordinator
Collier County Airport Authority
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Site License Agreement with Immokalee Chamber for Harvest
Festival at IMM
Attached for your records is a copy of the above referenced agreement (Item
#16G3) adopted/approved by the Board on Tuesday, October 23, 2012.
The Minutes and Records Department has retained the original agreement to be kept as
part of the Board's Official Record.
If you have any questions, please feel free to call me at 252-8411.
Thank you.
Attachments (3)
16 G 3
SITE LICENSE AGREEMENT:
HARVEST FESTIVAL EVENT
AT IMMOKALEE REGIONAL AIRPORT
LICENSE AGREEMENT BETWEEN THE COLLIER COUNTY AIRPORT
AUTHORITY AND THE IMMOKALEE CHAMBER OF COMMMERCE, APPROVING
THE USE OF COUNTY-OWNED PROPERTY FOR THE PURPOSE OF HOLDING
THE HARVEST FESTIVAL.
This SITE LICENSE AGREEMENT entered into this 073 rd day of OcA, c-- , 201,,2 by
and between the Board of County Commissioners, in its capacity as the Collier County Airport
Authority, whose mailing address is c/o Airport Authority Director, 2005 Mainsail Drive, Suite
1, Naples, Florida 34114, hereinafter referred to as AUTHORITY, and the Immokalee Chamber
of Commerce, whose mailing address is 1300 N. 15th Street, Suite 2, 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 12-14, 2013.
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:
I. 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 the Harvest Festival.
2. The approval of the use of the Property by the PERMITEE shall extend from April 12-14,
2013. PERMITEE is granted use of the Property 5:00 a.m. until 1:00 a.m. [These dates include
one (1) day for set-up, one (1/2) day for take-down for a total of 2 % 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 14, 2013, 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.
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
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16G3
issued by the Planning and Permitting Department located within the Collier County Growth
Management Division building on Horseshoe Drive.
5. The PERMITEE shall pay Three Hundred Sixty and No/100 Dollars ($360.00) per
day for April 12, 2013, Seven Hundred and Twenty-Five and No/100 Dollars ($725.00) per
day for April 13, 2013, and One Hundred Eighty and No/100 ($180.00) Dollars per day for
April-14, 2013 (April 12th is a set-up day and April 14th half day is for tear down) by or on
April 10,2013, 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,
employees, subtenants, licensees, invitees or patrons. In case any action or proceeding if
2
16G3
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. PERMITEE shall not be responsible for clean up, removal and remediation
of any existing environmental condition prior to the date of the event.
3
1 6 G 3
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 "C." Personnel shall be utilized by PERMITEE to ensure that all parking at the event
is conducted according to the attached Exhibit-C."
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 PERMITEE: IMMOKALEE CIIAMBER OF COMMERCE
4Ciff,tael- Redd B
Witness(signature)
C C President
1140 ree ia Pena.
(print name)
Witness(signature)
IT'ICVOC& Var59
4
16133
AS TO THE AUTHORITY:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA, IN ITS
CAPACITY AS THE COLLIER COUNTY
AIRPORT AUTHORITY
rr ,4,/,' , /
t , `
BY fir.: �� .�. At
Clerk
�' F' D W. COYLE, Chairman '
Attest a� to , o'
la - Ear
Approve^ 8 to form . ,
and 'eg s �enoe:'``
i I ,
-.if hl
Jeffr=! . atz ow
Count orney
5
Attachment A 16 G 3
E.
E- 740 Fe*
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1145 x- 715 Re-
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IQO Peck
535 Fret
71st.
EXHIBIT B 16 G 3
sociCOLUER COUNTY AIRPORT AUTHORITY
CONTRACT INSURANCE
REQUIREMENTS
TYPE LIMITS(Check)
X Workers'Compensation j Statutory Limits of Florida Statutes 440 and Federal Government
Statutory Limits and Requirements .
X Employer's Liability X I $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
_____ i i damage 1 damage
Hangarkeepers Liability $500,000per aircraft $1,000,000 per aircraft
X Aircraft Liability Insurance i X $500,000 per occurrence $1,000,000 per occurrence
bodily injury and property bodily injury and property
damage damage
X Business Automobile X $500,000 per occurrence I $1,000,000 per occurrence
Insurance j 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 damage
Property Insurance f 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
ContractorNendorlConsultant 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 v i
be acceptable;
Thirty(30)Days Cancellation Notice required on Agreements exceeding 6 months. The contract name
1 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
i General Liability and/or Airport Liability where required.
FORM 3-Commercial Activities License/Sublease of Land/Intermediate
Hazard or Intermediate Term/Aviation Related
Attachment C
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Parking
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16 G 3
A DATE IMW DD-YYYY1
ACRD CERTIFICATE OF LIABILITY INSURANCE 10/16/2012
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
' BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. •
•
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to
•
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the •
•
certificate holder in lieu or such endorsementlel.
PRODUCER I CONTACT
NAME
Bruce Hendry Insurance, Inc. PHONE 239-657-3614 1LAAJXC.NC)239-657-64681
711 W. Main Street E-MAE.EX,,
L
ADDREssi karen @brucehendryinsurance,com
Immokalee, FL 34142 INSURERS) AFFORDING COVERAGE 1 NAICa
L023031 INSURER A•SCOTTSDALE INSURANCE CO ,
INSURED THE IMMOKAL£E CHAMBER OF COMMERCE, INC INSURER B
1300 N 15TH ST INSURER C.
•
1300 N 15TH ST f INSURER D
IMMOKALEE, FL 34142 j INSURER F
(239) 657-3237 1 INSURER F
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
•
INDICATED NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
— —..
INSR' ......_......._ ._......_. TddbY'80b.R_._.. __ LILY-EFL fT0-LTCY EXY"� _.._....._._..__,_ ...........
LYR - TYPE OF INSURANCE .NER WVD POLICY NUMBER LMANDDIYYYYj IMM/DONYYY I LIMITS
GENERAL LIABILITY i EACH OCCURRENCE S 1,000,000
I DAMAGEli RENIEU
X j CONIMERCiAI GENERAL LIABILITY PREMISES rEa occurrence) S 100,000
•
CLAIMS-MADE XI OCCUR I I MED EXP%Any one parsocy S 5,000
A i CPS1546764 02/23/2012 02/23/2013 PERSONAL&AOVINJURV tS 1,000 ,000
•
•
GENERAL AGGREGATE S 2,000,000
•GEN'L AGGREGATE 1.0.1:7 APPLIES PER I ;PRODUCTS-COMP/OP AGG 5 1,000,OO Q
---I PRO- —1
POLICY L I r JECT !LOC. I ;$
AUTOMOBILE LIABILITY ;COMBINED SING-.E LIMN
Ea accroen<,r i
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;ANY AUTO BODILY INJURY IP' perso,I, !$
ALL OWNED — SCHEDULED I
AUTOS AUTOS BODILY INJURY ?ar co.derr i
NON-OWNED ! I I I PROPERTY DAMAGE
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HIRED AUTOS AUTOS ! t?er accaoe-1i (S.
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''--`� OCCUR ! EACH OCCURRENCE 5
{UMBRELLA LIAR
I EXCESS LIAR �_ CI AIMS-MADE I AGGREGATE S
; I DED RETENTIONS $
;WORKERS COMPENSATION I WCSTATU- OTH
i AND EMPLOYERS LIABILITY y N, I ,TORY LIMITS X ER
ANY FROPRIE7.7•GINAR7VERSAECI.rIVE
1FF:CER:M EL EACH ACCIDENT $
EMSER EXCLUDED, f !NIA i
sam.mtry.NN; i E.L.DISEASE•EA EEMPLOYEE
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DESCRIPTION OF OPERATIONS below I E L DISEASE-POLICY LIMIT S
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!DESCRIPTION OF GPc RATION$I LOCATIONS:VEHICLES ;Mach ACORD 101.Additional RerriaM1;S Schedule if more space is repuirbd'r
HARVEST FESTIVAL W/PARADE, ANNUAL MEMBERSHIP DANCE, CHRISTMAS AROUND THE WORLD
FESTIVAL W/PARADE, BREAKFAST MEETINGS
J
CERTIFICATE HOLDER CANCELLATION
INSURED`S COPY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES RE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
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