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Agenda 07/22/2008 Item #16D17Agenda Item No. 16D17 July 22, 2008 Page 1 of 31 EXECUTIVE SUMMARY Recommendation to approve the after - the -fact submittal of the attached State of Florida Cultural Facilities Program grant application to the Division of Cultural Affairs for a $500,000 grant for construction of the Marco Island Historical Society Museum. OBJECTIVE: To receive after - the -fact approval from the Board of County Commissioners to submit a State of Florida Cultural Facilities grant application to the Division of Cultural Affairs to partially fund the construction of the Marco Island Historical Society (MIHS) museum on County -owned property. CONSIDERATIONS: On May 13, 2003, Collier County entered into an agreement with the Marco Island Historical Society to allow fund- raising for the construction of a museum on county -owned land adjacent to the Marco Island branch of the library system. As the agreement stipulates, the museum facility would be given to the county after successful completion of the capital project. This agreement also stipulates the county will provide guidance in the design and construction of the physical envelope as well as the museum displays, staffing and maintenance. MIHS has monitored the Division of Cultural Affairs website for the Cultural Facilities grant release. However, due to the uncertain nature of the state budget, the grant was not funded and posted on the Division of Cultural Affairs website until late in the cycle. In speaking with the program officer, MIHS representative Sally Woliver discovered that the application would have to be submitted by the owner of the property, Collier County. This shortened time line made it necessary for the County Manager to approve the grant application to be followed by after -the- fact approval from the Board of County Commissioners as the next regular meeting occurs after the application deadline of July 14, 2008. As a local government, Collier County is eligible for this funding. The application received County Manager approval July 09, 2008. Construction of the museum on Marco Island will allow the MIHS collections to be placed under one roof in a secure facility with proper atmospheric controls, which will preserve artifacts and make them more accessible to the public. The facility will meet Smithsonian criteria for member museums and will be able to host exhibits from the Smithsonian, i.e, the Marco Cat, and from other museums as well. If awarded, the grant funds would be used for construction of the museum. MIHS will provide the matching funds required for the grant. MIHS will be obligated to provide a 2:1 match. MIHS has adequate finances to provide the match amount: as of .Tune 24, 2008, $728,000 in pledge money has been paid, and contributions, gifts and memorials totaling nearly 2.1 million dollars have been collected. Application for funding is critical this cycle due to the uncertainty of the grant program being funded in the future. Applications will be reviewed by the Application Review Committee, The Florida Arts Council, and successful applicants will be recommended to the legislature for funding by the Secretary of State. Funds will be available July 1, 2009. If awarded, a grant agreement will be presented to the Board for approval, along with the budget amendment and any other relevant documents. The total cost of construction for the museum building is expected to be two million dollars. The time period for the grant is July 1, 2009 — June 30, 2010. Agenda Item No. 16D17 July 22, 2008 Page 2 of 31 ADDITIONAL COMMENTS: Collier County CMA #5330 authorizes the County Manager to approve the submittal of grant applications with subsequent Board of County Commissioners action at the next available Board meeting to ratify the approval as "after- the - fact." FISCAL IMPACT: The maximum grant request permitted is $500,000. The total project cost is expected to be $2,000,000. The museum system will be requesting $500,000 in grant funds and $1,000,000 is required as the local match for construction costs. The local match will come from Marco Island Historical Society funds. GROWTH MANAGEMENT IMPACT: This project has no impact on the Growth Management Plan. LEGAL CONSIDERATIONS: This item has been reviewed for legal sufficiency and is legally sufficient for Board action. -JW RECOMMENDATION: To approve the after -the -fact submittal of a State Cultural Facilities Program grant application to the Division of Cultural Affairs to fund the construction of the Marco Island Historical Society Museum. PREPARED BY: Ron Jamro, Museum Director 2 Page 1 of 1 Agenda Item No. 16D17 July 22, 2008 Page 3 of 31 file: / /C:\AgendaTest\ Export\ 111 -July% 2022, %202008 \16. %2000NSENT %20AGENDA\ 1... 7/15/2008 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16D17 Item Summary: Recommendation to approve the after - the -fact submittal of the attached State of Florida Cultural Facilities Program grant application to the Division of Cultural Affairs for a $500,000 grant for construction of the Marco Island Historical Society Museum. Meeting Date: 7/22/2006 9:00:00 AM Approved By Marlene J. Foord Grants Coordinator Date Administrative Services Administrative Services Admin. 7/912008 2:26 PM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 719/2008 2:46 PM Approved By Jeff Wright Assistant County Attorney Date County Attorney County Attorney Office 7/9/2008 4:11 PM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 7/9/2008 4:29 PM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 711 012008 10:05 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 711 0/2 00 8 11:41 AM file: / /C:\AgendaTest\ Export\ 111 -July% 2022, %202008 \16. %2000NSENT %20AGENDA\ 1... 7/15/2008 TO: CC: FROM: DATE: SUBJECT: Grant Coordination Office Collier County Government Center 3301 East Tamiami Trail Naples, Florida 34112 de b raeu romnco lli ereov. n et (239) 252 -8989 (239) 774 -8720 (fax) Jim Mudd, County Manager Ron Jamro, Museum Director Debra Eurom, Assistant Grants Coordinator July 9, 2008 County Manager Approval of State of Florida Cultural Application. Agenda Item No. 16D17 July 22, 2008 Page 4 of 31 Applications Reviewed and Approved by County Ivf m, r. r designr�� submittal: j( �, e C tt� aR3L' 7 8 T date After -the -Fact Approval by the BCC is required at the July 22, 2008 BCC meeting. Facilities Program Grant The Cultural Facilities Grant Program (CFGP) was created for the purpose of coordinating and guiding the State of Florida's support and funding for renovation, construction, or acquisition of cultural facilities. This grant is administered by the Cultural Affairs Division of the State of Florida. This grant application is being ATitten in concert with representatives from the Marco Island Historical Society (MIHS) who have been planning a museum for Marco Island since 2002. MIHS has been very successful in their capital campaign to fund construction of their museum and award of this grant would enable construction to begin in the next fiscal year. MIIIS had been monitoring the Cultural Affairs website for the release of this grant, which had been uncertain due to this year's budget uncertainty. The program was funded late in the cycle, and once the eligibility requirements were set, it was made clear that MIHS found that they themselves are not the eligible entity because Collier County is the owner of the museum site. Therefore, the application is to be submitted by Collier County on behalf of MIHS who will fulfill all the terms of the grant. Efforts to write this grant have been coordinated via a meeting with representatives of MIHS, Collier County Public Services, Musetan Services, County Attorney and the Grants Office. MMS has included a letter stating their intent to provide the matching funds for the museum construction, which the Cultural Affairs program officer will accept in lieu of a resolution from the Board of County Commissioners. The enclosed CFGP application is due to the Division of Cultural Affairs on July 14, 2009. Because the Board of County Commissioners does not have a July meeting prior to the application deadline, it is necessary to request your approval of the applications to be followed by after -the -fact approval of the Board of County Commissioners during the July 22n1 meeting. Your signature is required on the match letter from the Marco Island Historical Society to acknowledge the matching funds contribution. Once you have reviewed the application and signed the cover letter, please sign and date in the box above and call Marlene Foord at 252 -4768 for pickup. Please let me know if you have any questions. Florida Division of Cultural Affairs 10.9021 - Cultural Facilities Applicant: Collier County Phone: (239) 252 -8723 Email: betsyperd @naples.net Document Generated: Saturday, July 5th 2008, 12:46 am Florida Department of Cultural Affairs Program: Cultural Facilities Application: 10.9021 Collier County 110.9021 - Application Page 1 Agenda Item No. 16D17 July 22, 2008 Page 5 of 31 Organization Name Chief Executive Official: Address Main Contact Phone #: 2nd Phone #: Fax #: URL: Tax ID #: Fiscal Year Start / End: Organization Profile Collier County Tom Henning 3301 Tamiami Trail E. Naples, Florida 34110 County: Collier (239) 252 -8723 (239) 394 -6917 (239) 252 -8476 www.themihs.org 59- 6000558 October I - September 30 Florida Senate /House District #s: 37/76 U.S. Congressional District #: 14 Is the organization minority owned? No Is the organization state funded? Partially Is this an Arts Organization? No Accredited Museum? No Is your organization within a REDI designated area? Has your organization ever received a grant from the Division of Cultural Affairs? Organization Status: Primary Function: Secondary Function: Institution Type: Organization Discipline: Racial Demographic Characteristic: Organization Email: Ian No Government - County Sponsor or Presenter Agenda Item No. 16D17 July 22, 2008 Page 6 of 31 Humanities Service/ Advocacy Local Government Multidisciplinary - 83.7% White, 8.2% Other, 5.5% Black RonJainro@colliergov.net 110.9021 - Application Page 2 Type of Project: New Construction Project Phase Single Phase Historical Significance: How old is the building? Funding from Historical Resources: Has the applicant organization applied for or received funding from the Division of Historical Resources for this project? Who owns the building? If building is leased to applicant, what is the length of the lease? Who owns the land? If land is leased to applicant, what is the length of the lease? Project's Florida Legislative Districts: 0 years No Collier County N/A Collier County N/A Senate: 37 House:76 110.9021 -Application Page 3 Agenda Item No. 16D17 July 22, 2008 Page 7 of 31 Proposal Information Contact Name Ron Jamro Contact Title Museum Director Contact Phone (239) 252 -8723 Contact Email RonJamro @colliergov.net Project title Marco Island Historical Museum Project Location 1264 Mistletoe Court Marco Island, 34145 Resident County: Collier Type of Project: New Construction Project Phase Single Phase Historical Significance: How old is the building? Funding from Historical Resources: Has the applicant organization applied for or received funding from the Division of Historical Resources for this project? Who owns the building? If building is leased to applicant, what is the length of the lease? Who owns the land? If land is leased to applicant, what is the length of the lease? Project's Florida Legislative Districts: 0 years No Collier County N/A Collier County N/A Senate: 37 House:76 110.9021 -Application Page 3 Agenda Item No. 16D17 July 22, 2008 Page 7 of 31 Agenda Item No. 16D17 July 22, 2008 Proposal Synopsis Page 8 of 31 What other non - matching state dollars Source Amount will go into the project? Are matching funds in the grant application being used to match any other Dept. of State grants? No Total Support & Revenue: $ Total Amount Requested for this project: $500,000 Confirmed matching funds for the project: $2,000,000 Request reduction of Match? (see REDI) No PROJECT COST (This application only): $2,244,000 Project Synopsis: Grant request is for the Marco Island Museum being constructed with funds from the Collier County & the Marco Island Historical Society. Proiect Team: Architect: J.D. Allen & Associates 267 Airport Road South Naples, FL 34104 Engineer: Landy Engineering, Inc. 2780 South Horseshoe Drive, Suite 6 Naples, FL 34104 MIHS Building Committee: Alan Sandlin, MIHS member & Chairman, 239 - 389 -3200 Bill Perdichizzi, MIHS VP Administration 239- 394 -6917 Craig Woodward, MIHS member & Attorney 239 -394 -5161 Vinnie Grasser, construction consultant Emilio Robau, site preparation consultant Organization Staff Per the legal agreement between the MIHS and Collier County, Collier County Museum staff will be responsible for exhibit installation once the Historical Museum is completed. Collier County Museum and contract staff assigned to the project include: Ron Jamro, Collier County Museum Director Jennifer Guida, Curator of Collections David Southall, Curator of Collections, Curator of Education Randy McCaulley, exhibit designer and fabricator, Advanced Staging Technologies, Inc. There are three phases to this project: 1. Obtaining Exhibit Artifacts and Display Material The MIHS will use objects and artifacts from the following sources: the Society's current preview museums, the MIHS collections, the Collier County Museum collections, and objects loaned by the University of Florida and the Smithsonian Institution. 2. Exhibit Design County staff, with their experience designing exhibits, managing museums, and serving Florida audiences, will assume the primary role in determining exhibit layout and design, with input from MIHS. Exhibit development will be completed by Collier County Museum staff and by the professional design firm of Advanced Staging Technologies, Inc., which is under contract to Collier County to provide exhibit design, fabrication, and installation services to the County's Museum system. 3. Installation of Exhibits County Museum staff will be responsible for installing the exhibits, with volunteer support from MIHS and other Museum volunteers. 110.9021 - Application Page 4 Scope of Work Single Phase Projects Agenda Item No. 16D17 July 22, 2008 Collier County is requesting a grant for the Marco Island Historical Society (MIHS) toward constru29ge 5fotli$1 new Marco Island Historical Museum. The county and the MIHS entered into a legal agreement to form a private- public partnership. Under the terms of the agreement, Collier County became the "lead donor ". Collier County has provided the land (original value of $3.0 million when agreement was signed in 2002), will build the exhibits ($1.5 million) and will own and operate the museum as the fifth museum in the county system. This collaboration is a win -win for Collier County. Public funds are leveraging private dollars and the community gains a new museum. The non profit MIHS is responsible for raising funds ($4.5 million) to construct the 15,500 complex including the 8100 - square -foot History Museum, a 4300 square foot Living History Hall - Auditorium and a 3100- square -foot building for staff and collections. The grant funds and match ($1.5 million) will be used for the museum which is being designed to showcase Marco Island history. An internationally popular tourist destination, Marco's history remains obscure, yet Marco's cultural legacy can be traced back five thousand years. Marco has been the site of significant discoveries, including the 1896 archaeological expedition directed by legendary Smithsonian anthropologist Frank Hamilton Cushing. The dig yielded an important collection of prehistoric artifacts made by the Calusa Indians, who controlled most of South Florida until the early 1700s. That material now resides in four museums three in the U.S. and the British Museum in England. Preparation for the museum and the exhibits is underway. The MIHS is drafting a Memorandum of Understanding to work with the Florida Museum of Natural history for artifact loans and has started discussions with the Smithsonian to secure the Calusa material (loaned twice to Collier County and the MIHS) for displays. The exhibits are being designed to tell the Marco story and complement the existing four Collier County museums. The exhibits will focus on three time periods: the sophisticated Calusa civilization with its engineering, and artisan skills; the pioneer period, featuring the stories of the bold Americans who colonized the area after the Civil War; and the early 20th century, when Marco's civic powerhouse Tommie Barfield and entrepreneur Barron Collier created the political infrastructure that shaped Southwest Florida. Completing the exhibits, a changing gallery wall will be devoted to Southwest Florida artists' work focusing on local history. This wall is inspired by the successful 2007 MIHS FDCA Challenge Grant Art Interprets History: Visions of Marco Island's Past, which brought together Collier County artists to create paintings illustrating Marco history. The final pieces were exhibited at the Marco Art League and will be on display when the museum opens. One or more of these paintings will become a mural to be installed outside the museum. Time frame for the grant & matching funds are as follows: construction will begin in late 2008 on the entire museum complex. Work on the museum will be completed in the first quarter of 2010. Funding from the grant & match will be used during the last quarter of 2009 and first quarter of 2010. Multiphase Proiects N/A Current Phases or Activity Funding is not being requested from the FDCA for work now in progress for the Marco Island Historical Museum. This following work is being funded from the private funds raised by the MIHS. To date (July 11, 2008) the MIHS has expended $39,000. Formal construction will not begin until later this year. Construction documents are being prepared and current activity is as follows: - The Site Development Plan was submitted to the City of Marco for approval and the County for concurrence on June 3, 2008. - On June 13, 2008 the construction plans were submitted to the County for concurrence. - The permitting request was submitted to the City on Friday, June 20. - A bidders' meeting was held one June 16. A second bidders' meeting was held on July 2. - The MIHS expects bids to be submitted by July 14 with the evaluation of the bids and the selection of the general contractor to be completed before the end of July. The MIHS expects that if there are no significant issues with either the City or the County permitting, site preparation could begin as early as mid August. Prior Phases or Activity N/A 110.9021 - Application Page 5 Agenda Item No. 16D17 July 22, 2008 Proposal Budget Detail: Expenses Page 10 of 31 Item Label Match State 1. Land Acquisition * $ 0 $ 0 2. Building Acquisition * $ 0 $ 0 3. Architectural Services S 65,000.00 $ 0 4. General Requirements $ 151,000.00 $ 0 5. Site Construction $ 750,000.00 $ 0 6. Concrete $ 74,000.00 $ 0 7. Masonry $ 31,000.00 S 30,000.00 8. Metals $ 88,000.00 $ 0 9. Wood and Plastic $ 76,000.00 $ 0 10. Thermal and Moisture Protection $ 164,000.00 $ 164,000.00 11. Doors and Windows $ 50,000.00 $ 41,000.00 12. Finishes $ 150,000.00 $ 145,000.00 13. Specialties $ 15,000.00 $ 0 14. Equipment $ 0 $ 0 15. Furnishings $ 0 $ 0 16. Special Construction $ 0 $ 0 17. Conveying Systems $ 0 $ 0 18. Mechanical $ 80,000.00 $ 69,000.00 19. Electrical $ 50,000.00 $ 51,000.00 A. Total Expenses $1,794,000.00 $ 500,000.00 B. Contingency $ 50,000.00 C. Total Project Expenditures (Match + State) $2,244,000.00 Proposal Budt?et Detail: Income Item Label Matching Funds Agenda Item No. 16D17 July 22, 2008 1. Total Private Support (Cash) n980,000 31 Marco Island Historical Society $1,000,000 2. Total In -Kind Private Support $0 3. Corporate Support (Cash) $0 4. Total In -Kind Corporate Support $0 5. Total Local Government Support (Cash) $0 6. Total In -Kind Government Support $2,017,096 Collier County, value of parcel $ 517,096 Collier County, exhibits FY 2009 -2010 $1,500,000 7. Total Federal Government Support (Cash) $0 8. Total In -Kind Federal Government Support $0 9. Applicant Cash $0 D. Total Match $3,017,096 E. Cultural Facilities Program (this grant request) $500,000 F. Total Project Income (match + grant request) $3,517,096 110.9021 - Application Page 7 Matching Funds Matching Funds Statement The MIHS has been responsible for raising private funds for the entire museum complex ($4.5 million goal) which includes the $1.5 million to build the Marco Island Historical Museum. Please see the attached letter from the President of the MIHS Board and the accompanying June 2008 Orion Bank Statement documenting the matching funds on reserve for this grant. The Museum Building Fund Campaign has been actively raising funds in the community since 2005. As of this grant application, 414 donors have pledged a total of $3,172,934 million toward the $4.5 million campaign goal. Of this amount, $2.0 million is available in cash. The MIHS Board has restricted $1.0 million of the $2.0 million in cash reserves to be used to match the potential $500,000 State of Florida Cultural Facilities Grant. Specifically, the MIHS will hold $1.0 million from the $1.5 million leadership gift of Jon and Sonja Laidig for building the Marco Island History Museum. The remaining current and new funds raised by the MIHS will be used for constructing the Living History Hall - Auditorium and the staff and collections facility. Agenda Item No. 16D17 July 22, 2008 Page 12 of 31 _Match Summary Chart-MIHS % of Total Match ($100,000) 1. Cash on Hand $2,000,000 2,000.0% 2. Already Expended on Project $39,000 15.6% 3. Irrevocable Pledges $728,000 291.2% 4. Documented In -Kind Contributions $0 0.0% Totals $2,767,000 1106.8.0% Donor Profile The MIHS campaign has reached 414 donors. The majority of funds have come from individuals (353). Individual gifts have accounted for $2.6 million of the $3.172 million raised. The campaign has recently turned its attention to corporate & foundation gifts which currently account for 29 gifts totaling over $80,000. Special events have played an important role in the campaign. Since 2005, 14 have been held reaching an additional 1000 prospects and raising $175,638. As a young non profit, the MIHS purposely staged events to build its donor base. These event were critical to raising the MIHS profile and reaching new donors. Events have ranged from small receptions to two day Appraisal Faire that featured Antiques Road Show Stars and reached 600 individuals. Donor Description - Founded in 1994, the all volunteer MIHS had little need for extensive fund raising efforts until partnering with the county to build the history museum complex. As a small organization, the MIHS raised under $25,000 a year for programming. In late 2004 the MIHS completed a Campaign Study which laid the ground work for a capital campaign. By 2005, the MIHS had organized a campaign committee and 100% of the MIHS board and campaign committee members made gifts, raising almost $250,000 from 25 people. The MIHS used its programs to increase visibility in the community and expand its member and donor base. Obtaining - corporate sponsorships for the last three years, the MIHS brought in nationally renowned scholars working on south Florida prehistoric and historic cultures. Before each lecture, a private invitation -only reception with the speaker was held, allowing the MIHS to Build relationships with potential donors. By the start of 2008 the campaign had raised over $3,000,000; a full 50% of MIHS members gave to the campaign, and 14 civic groups joined the Founders' Circle of $1000 donors. The Founders' Circle deserves special mention, because the MIHS has tapped into local pride to drive this campaign. To reinforce the importance of "making history" and giving locally, the MIHS created a Founders' Circle for donors at the $1000 level, and an Inner Founders' Circle for gifts of $10,000 or more, an idea that has been a profound success. All Founders' Circle Members will have their names included inside the new museum. Of the 353 individual donors, 154 are Founders' Circle members MIHS membership has swelled to 425, with over 300 joining the MIHS after the campaign started. Community Size - 90% of the donors are full or part time residents of Marco. Marco is home to 15,000 year -- round residents which swells to 45,000 in winter. As the campaigns enters its final 18 months, plans have been made to expand the campaign beyond the Island to reach Collier County's mainland population of 320,000. To reach its campaign goal the MIHS has targeted an additional 300 prospects and a Cultural Facilities Grant will be critical in galvanizing the community during the final campaign phase. Activities have been planned, two of which include: creating a tile mural depicting local history on one of the museum's outside wall. Tiles will be sold during the public phase and a grand opening gala is planned in early 2010 to celebrate the opening of the museum. 110.9021 - Application Page 9 Agenda Item No. 16D17 July 22, 2008 Need for Proiect & Operating Forecast Page 13 of 31 Need for Project To appreciate the need for the History Museum complex, it is important to understand the history, mission/ work and explosive growth of the MIHS. Marco has a significant history. Occupation by humans dates back 5000 years before present. Marco was also a well known Calusa Indian cultural center. After; European contact, and through the mid - nineteenth century, Calusa remains lay under the surface largely untouched. Modem development however (beginning in the 1960s) proceeded so rapidly that many of the remaining prehistoric and even historic 19th century pioneer sites were destroyed. The MIHS was originally organized to save the few remaining historic sites from destruction and to lead a community effort to place those sites under the protection of the National Register of Historic Places. After accomplishing its goal the MIHS shifted its focus to education, to create on going awareness & support for local history. To accomplish this goal, the MIHS embarked on a 3 pronged long range plan in 1998 to: display local history through exhibits, interpret history through programs, lectures and field trips and continue historical research by supporting on going academic digs on the Island. In the past 10 years, the MIHS has become a major cultural force on Marco Island. Operating two mini - museums (1000 square feet total); sponsoring two five -month special exhibits of Calusa artifacts from the Smithsonian; conducting and assisting in eight archaeological digs, and hosting monthly programs, lectures and field trips. Community response was enthusiastic. Programs attracted standing room only audiences and after the MIHS and the Collier County Museums hosted a second special exhibit of Calusa artifacts loaned from the Smithsonian in 2000 (35,000 visited the exhibit over a five -month period in a Marco Island bank lobby!), it was apparent to both the County Museum staff and the MIHS that Marco deserved a museum and cultural facility. The Marco Museum complex is being designed based on the popularity of the MIHS museums and programs and the experience of operating four county museums. Together the county museum staff and the MIHS are creating a complex to meet the following needs: -The 8100 square foot History Museum and the 4300 square foot Living History Hall (LHH) will allow school children and the public to visit the exhibits and then receive additional live programming in the LHH. The LHH with its foldaway stage and moveable dividing wall serves multiple uses including conversion into a classroom, temporary exhibit ball, venue for special events and when used as a program /theater space it will seat 300 (making it the largest venue for public programs on Marco). -With Collier County's keen interest in its Calusa heritage, the museum will support the long range plan by building a secure facility in which Calusa (and other irreplaceable) artifacts can be displayed. None of the Calusa artifacts excavated from Marco remains in Collier County. Working with Smithsonian and University of Florida staff, the architects are designing the museum to meet climatic and security standards for irreplaceable artifacts. -To maximize programming space, the complex has been designed to place staff offices and collections in a separate 3100 square foot facility. Operating Forecast Detail The Collier County Museums (operating 4 museums) & the MIHS (10 years public program expertise) have combined their experience to design and budget for the museum complex. The space is designed for 40,000 visitors annually; public programs will reach an additional 10,000, using the space during off peak hours. Use of space: The museum complex is designed to maximize public space. Two public buildings, the History Museum and the Living History Hall (LHH) will be connected by walkways on a three -acre parcel, landscaped with a lagoon and native plants. Parking spaces are available on the street and in the lot shared with the Marco Public Library next door. The museum building (8100 sq. ft.) includes a visitor reception/lobby area with a historical art exhibit wall, restrooms, and gift shop. 5300 sq. ft. of exhibit space is divided between traveling /special exhibits & permanent exhibits. The LHH (4300 sq. ft.) is a multipurpose auditorium. The hall is 3000 sq. ft. seating up to 300. A foldaway stage will be available for plays, concerts, & other events. The hall is dividable & can be split for use as classrooms or meeting space. The remaining 1300 sq. ft. contains a foyer for functions, a kitchen and restrooms. Costs: The agreement between the county & MIHS specifies that capital expenses for design and construction will be raised by MIHS. The county is responsible for construction of the permanent museum exhibits and maintaining the museum in perpetuity. Funding for the exhibits will be part of the 2010 Collier County budget. The cost of designing, fabricating and installing permanent exhibits is projected at $1.5 million. Agenda Item No. 16D17 July 22, 2008 The county museums are funded by county tourism development monies. Projected costs are Ted bhofh"b1 county's experience maintaining the other museums. Marco Museum expenses for 2009 -2010 are projected at $139,524 based on: electric, $30,456 & water /sewer, $20,244, maintenance & building repairs: $22,824 and staffing /school programs: $66,000. The museum will be staffed by one full time Museum Manager. The manager will oversee daily operations, school scheduling, and supervise the volunteer docents, greeters, guides, and shop clerks. Museum admission will be free. Revenue generated by the gift shop (projected at $8000 net) will be used for operations. School programming: The county museums have established successful, curriculum -based school programs, administered centrally through the Curator of Education and will include the Marco museum in 2010. Friends of the Collier County Museums (a non profit fund raising auxiliary) subsidize the cost of school visits to the museums up to $15,000 per year. Public programming: The MIHS, with its experience providing a variety of history activities, will manage the public programs. In addition to their current programs, the MIHS has begun working with the Marco Public Library to plan joint programming of pre - school and after - school programs, and evening adult education classes. Based on MIHS experience, revenue for future programs will come from corporate sponsorships, estimated annually at $10,000; another $10,000 in foundation and government grants; and $5000 in program fees. The LHH will generate special event rental fees of at least $10,000 annually. 110.9021 - Application Page 10 Changes in Operation FYE 2009 FYE 2010 FYE 2011 FYE 2012 Expenses 0 139,524 143,710 148,021 Total Expenses - 139,524 143,710 148,021 Income 8,000 8,240 8,487 Total Income 0 8,000 8,240 8,487 110.9021 - Application Page 11 Financial Impact of Project The Collier County Museums and the MIHS have created a private- public partnership not just to build the museum complex, but the fiscal relationship will continue after Collier County museum staff assume the daily operation and maintenance of the facility. The 2002 agreement which created the partnership calls for the following: - The Marco Island History Museum complex will become the responsibility of Collier County to maintain & operate as the fifth museum in the county museum system. - Funds for the museums are budgeted annually through the Collier County tourism development monies which are collected by the Tourism Development Council (4% on all hotel, campground and vacation rentals which are less than six months in duration). - As stipulated in County Ordinance Section 126 -83, provides for museum funding at 26% of the first 2% of TDC funds collected. These funds are split with 22% going to county museums and 4.764% to non - county museums. - Additionally, the county museums receive supplemental support from the County General Fund for capital improvements. - The Marco Museum will be included in future county budgets for capital improvements as the facility ages. Collier County historically has strong cash and general fund balance positions, and the current millage rate for general fund operations is 36% of the statutory 10 mil limit. While Collier County will have the on -going responsibility annually of operating the museum, the MIHS will focus its fund raising efforts in two areas. Agenda Item No. 16D17 July 22, 2008 Establish a Foundation - By 2010, the MIHS will establish a Marco Island Museum Foundation whRfgan'lbtafistl funds for an endowment. With an expected donor base of over 700 donors after the museum complex opens, post- campaign fund raising efforts with individuals will concentrate on planned giving with the goal of on building an endowment fund for special projects; continuing archaeological digs /research, hosting touring exhibits and future museum expansion. Annual Fund Raising - The MIHS will raise annual operating funds for programming and special touring, exhibits from corporate sponsorships, donations from individuals, foundation an government grants and special events, During the current campaign the MIHS has established a successful track record obtaining corporate sponsorships, government and foundation grants as well as special gifts from individuals to expand its programming. All special events and programs have been underwritten since 2005. Contacts and relationships built through the current campaign with individuals, corporate sponsors and other funding sources will continue and be maintained by the MIHS. The MIHS membership base will continue to provide operating funds back to the MIHS in the form of dues and the annual membership year -end appeal to support MIHS expenses. Project Impact Community Impact of Project The Marco Historical Museum, and its public event space the Living History Hall (LHH), will be the Marco's first cultural center. After viewing the exhibits, including the changing historic art gallery featuring local artists, visitors can participate in programs and enjoy performing arts & other events in the LHH. The 300 person capacity of the LHH will enable local organizations to book well known speakers and entertainment, reaching off - Island audiences. Marco organizations will be able to partner with hotels to offer overnight or weekend packages. Groups such as the Marco Players will use the LHH, while the Marco Island Center for the Arts & the Marco Island Foundation for the Arts will have access to the changing exhibit gallery for collaborative shows with the MIHS. Schools will benefit too, the current MIHS museums are too small to accommodate schools. School groups will also be provided curriculum -based history programs to enrich their visit. Transportation costs for disadvantaged schools will be underwritten by the Collier County Museum Express Fund. Located on the public transit line next to the public library, the complex will be fully accessible to visitors with disabilities and visitors who rely on public transit. As with all the Collier County Museums, admission will be free. The Collier County Museums also offer outreach programs to diverse and underserved communities, Marco will be included in these efforts. The Marco Public Library next door and the Art League of Marco Island, two miles away, present an array of possibilities for cross programming with the MIHS. Beyond the area, the MIHS has started out reach efforts with the University of Florida to plan a special Year of the Calusa Celebration starting in 2010 and culminating in 2011. The programming and exhibits would start in Marco and move next to the University sponsored Calusa interpretive site in Pineland Florida and culminate with the Museum of Natural History in Gainesville. With its emphasis on Marco excavated Calusa artifacts now lying unseen in museum storerooms at the Smithsonian, the museum will have a powerful impact in this region once ruled by the Calusa, drawing visitors interested in anthropology from the U.S. as well as the international tourists who frequent Marco Island. The Calusa exhibit will focus on the Calusa's technical skills, emphasizing their use of native materials and natural resources. The prehistoric & historic exhibits are designed to help the public appreciate that well into the 20`h century; Marco inhabitants understood the link between natural resources and their own survival. The MIHS hopes modern audiences will realize that increasing population and urbanization have made conservation of coastal resources critical to sustain our society and the ecosystems on which we depend. Environmental impact will be minimal. The complex will convert 3 acres of sodded land currently undergoing irrigation, mowing, and other unnatural landscaping care into a re- creation of a Calusa shell mound, surrounded by restored wetlands of native species requiring no irrigation or chemicals. The complex is designed to incorporate common -sense principles of native architecture and will be built to meet current hurricane standards and energy efficiency codes. Agenda Item No. 16D17 July 22, 2008 Page 16 of 31 Financial Impact of Project The Collier County Museums and the MATS have created a private- public partnership not just to build the museum complex, but the fiscal relationship will continue after Collier County museum staff assume the daily operation and maintenance of the facility. The 2002 agreement which created the partnership calls for the following: -The Marco Island History Museum complex will become the responsibility of Collier County to maintain and operate in perpetuity as the fifth museum in the county's museum system. Funds for the county museums are budgeted annually through the Collier County tourism development monies which are collected via a 4% tax on hotel, campground and vacation rentals which are less than six months in duration. Additionally, the county museums receive supplemental support from the County General Fund for capital improvements. The Marco Museum will be included in future county budgets for capital improvements as the facility ages. While Collier County will have the on -going responsibility annually of operating the museum, the MIHS will focus its fund raising efforts in two areas. Establish a Foundation - By 2010, the MIHS will establish a Marco Island Museum Foundation which will raise funds for an endowment. With an expected donor base of over 700 donors after the museum complex opens, post - campaign fund raising efforts with individuals will concentrate on planned giving with the goal of on building an endowment fund for special projects; continuing archaeological digs /research, hosting touring exhibits and future museum expansion. Annual Fund Raising - The MIHS will raise annual operating funds for programming and special touring ,exhibits from corporate sponsorships, donations from individuals, foundation an government grants and special events, During the current campaign the MIHS has established a successful track record obtaining corporate sponsorships, government and foundation grants as well as special gifts from individuals to expand its programming. All special events and programs have been underwritten since 2005. Contacts and relationships built through the current campaign with individuals, corporate sponsors and other funding sources will continue and be maintained by the MIHS. The MIHS membership base will continue to provide operating funds back to the MIHS in the form of dues and the annual membership year -end appeal to support MIHS expenses. Professional Certification PROJECT ARCH ITECT /ENGI NEER: Name Address PROJECT CONTRACTOR: Name Address PREPARATORY DOCUMENTS: Mr. Jim Allen 267 Airport Road South Naples, Florida 34104 To be determined Preliminary design and development documents complete Yes Construction documents complete Yes Construction Permits: - Applied for 110.9021 - Application Page 12 Certification of Information and Compliance 1. OFFICIAL WITH AUTHORITY TO CONTRACT FOR THE PROPERTY OWNER Agenda Item No. 16D17 July 22, 2008 Page 17 of 31 Name Mr. Tom Henning Title Chairman, Collier County Board of County Commissioners Phone (239) 252 -8097 Certified date July 3rd, 2008 2. OFFICIAL WITH AUTHORITY TO CONTRACT FOR THE APPLICANT Name Mr. Tom Henning Title Chairman, Collier County Board of County Commissioners Phone (239) 252 -8097 Certified date Not certified 3. CHIEF FINANCIAL OFFICER FOR THE APPLICANT Name Mr. Dwight Brock Title Clerk of Court Phone (239) 252 -2646 Certified date Not certified CONTACT PERSON AS LISTED ON FIRST PAGE OF APPLICATION FORM Name Ron Jamro Title Museum Director Phone (239) 252 -8723 E -mail RonJamro @colliergov.net Certified date Not certified Final Submission Application Status: The application has not yet been submitted. Support Materials Agenda Item No. 16D17 !Members A�ly 22, 2008 ✓Il Q�4rC4 V p dGMLd e 18 of 31 J p�GG C GC¢J American Museum Association 68 AOf�Ap R4Lm Joarta, 92 e 4145 Florida Association of Museums a Museums Laacta �ussl.., �saaidsnl, A35CE United Arts Council PJatajpiwn.a: (£89) 889- 1041,�a.acia.�w...inGiQ �i.a.a�.noruT�umas.com. Florida Anthropological .Association Southwest Florida ,July 8, 2048 Archaeological Society Marco Island Chamber Donald R. Blareett of Commerce Arts Administrator - Cultural Facilities Program f.ANo Division of Cultural Affairs Florida Department of State Florida Trust R.A. Gray Building, 3rd Floor - 500 South Bronough Street Tallahassee, Florida 32399 -0250 Dear Don, The Marco Island Historical Society (MIHS) is submitting this letter in support of Collier County's application for a $500.000 Florida Cultural Facilities Grant. Please use this letter as the approved resolution required under section F "Matching Funds ". Since April of 2002 the MIHS and Collier County have been engaged in a joint private/government partnership to build a historical museum on Marco Island. The MIHS has, through an intensive capital campaign, raised over $3.177 million toward our $4.5 million goal. As of June 28, 2008, there is a $2.0 million cash reserve for construction. You will find a copy of the latest bank statement at Orion Bank on Marco Island verifying that the MIHS has $1,977255.12 is on deposit in that account as of June 30,2008. To assist the MIHS in completing construction of the Marco Island Historical Museum Collier County has applied for this grant. In support of this grant application, the MIHS resolves that, upon grant approval, the MIIIS will immediately release $1,000.000 in matching funds, to complete the construction of the museum building. A like letter has been sent to Jim Mudd, Collier County Manager; notifying the County that the MIHS has reserved matching funds for this grant application. Please contact me or Betsy and Bill Perdichizzi directly at 239 -394 -6917 if you have any questions. Thank you very much for your help on this grant application. Sincerely yours, Darcie Guerin �< rc cs �Rcadt} President, MIHS����af+0.j�f Attachments: Orion Bank Account Statement dated June 30, 2008 Letter to Jim Mudd, Collier County Manager cc: Betsy and Bill Perdichizzi, Chairmen MIHS Museum Building Campaign. rrp,L4tti�:,.& Ut IZ44,04y A#4 jta.jrc &t ed aaa 400010-4-41-1y. rr RION' .3 A P11K Last statement. March 31, 2068 This statement: June 30, 2008 Total days in statement period: 91 MRM ISLAM HISTICEUCAL SOC=jr Po s= 2282 MU= ISIAW FL 34146 Business High Performance Sav Page I of 1 6700019386 (1) Direct inquiries to: 800 646 -4262 Orion Bank 605 Bold 'Eagle. Drive Marco Island, rL 34145 Account number 8700019366 Interest paid year to date S35,205.26 Enclosures I DAILY ACTIVITY --We Dt=npl= J;!, �-, 6 — 5ec7-mviQ (.A -Ul rl All Tj J Deral'it ED �10 30 Agenda Item No. 16D17 July 22, 2008 Page 19 of 31 F" 2 "9 J4! S 7 5 Thank you for banking with Orion a, 7k - Mambar FDIC Agenda Item No. 16D17 Members y 22, 2008 e m of 31 American Museum �p rn Association 168 .R.oy.a.Y JaPen, T UA&, A— 3d, .a, eft 34145 Florida Association of Museums ° °u'` �"''`'�'"'• "°'`a`^'Y•�'S United Arts Council 9.4p"-. Florida Anthropological Association Southwest Florida July 8, 2008 Archaeological Society Marco Island Chamber of Commerce Jim Mudd FAxo County Manager Florida Trust Collier County 3301 E. Tamiami Trail Maples, FL 34112 Dear Jim, The Marco Island Historical Society (MIHS) is submitting this letter in support of Collier County's application for a $500,000 Florida Cultural Facilities Grant. Please use this letter as the approved resolution required under section F "Matching Funds ". As of June 28, 2008, the MIHS has a $2.0 million cash reserve for construction. You will find a copy of the latest bank statement at Orion Bank on Marco Island verifying that the MIHS has $1,977,25512 is on deposit in that account as of June 30,2008. The MIHS resolves that, upon grant approval, the MIHS will immediately release 51,000,000 in matching funds, to complete the construction of the Marco Island Historical Museum building. Sincerely yours, Darcie Guerin President, MIHS Attachments: Orion Bank Account Statement dated June 30, 2008 cc: Betsy and Bill Perdichizzi, Chairmen MIHS Museum Building Campaign. ItC4t4t4V4#1 j Zit a%4904sy A-0.01 jt4- Lj^. &9 0; 04.4 4%OM+►i.4.4.iZ+t� 01 Agenda Item No. 16D17 July 22, 2008 Page 21 of 31 BARE LICENSE AGREEMENT THIS BARE LICENSE AGREEMENT entered into thiso7Gtday of �. 2002, between the MARCO ISLAND HISTORICAL SOCIETY INCORPORATED, ( "LICENSEE") whose mailing address is PO Box 2822, Marco Island, Florida 34146, hereinafter referred to as "HS ", and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiarni Trail, Naples, Florida 34112, hereinafter referred to as "COUNTY" or LICENSOR. WITNESSETH TIIE PARTIES AGREE AS FOLLOWS: ARTICLE I. Demised Premises COUNTY agrees to license the real property described in Exhibit "A" attached hereto and made a part of this License, herein called the "Licensed Premises ", situated in Collier County, Florida, for the following purpose (s): ARTICLE 2. Term of License HS is hereby licensed for a term of five (5) years commencing on April 1, 2002 and ending April 1, 2007, to use the Licensed Premises only to raise funds and to install non- permanent signs to said property because HS plans to raise funds through receipt of donations to fund future construction of a museum on the Licensed Premises. HS is hereby granted one option, provided it is not then in default of any of the provisions of this Agreement, to renew this License for one additional term of two (2) years, under the same terms and conditions as provided herein, by delivering written notice of HS' unconditional intention to do so to the County not less than thirty (30) days prior to the expiration of the License hereby created. Said notice shall be effective upon actual receipt by the COUNTY. This is a bare license with no interest coupled hereto. The Board of County Commissioners reserves the right to terminate this License, with or without cause, upon one hundred eighty (180) days prior written notice actually delivered to HS at the mailing address set forth in ARTICLE 7. Said notice shall be effective upon actual receipt by HS. ARTICLE 3. Cginri tment HS agrees that: I. The Public Services Administrator or designee shall be have oversight of all conceptual and site and architectural plans relating to the proposed museum and related facilities, if any; and 2. A conceptual plan and implemcniation strategy for constructing the museum will be completed by the first anniversary date of this License; and 1 The IIS shall deliver to the Public Services Administrator an annual written update to the Division Administrator of thndraising activities and progress development prior to April I" of each year, and 4. HS shall strictly comply with and any all laws and regulations applicable to fund raising activities and County wit] not be responsible in any way for any fundmising activities or reimbursements; and 5. At the end of year five (5), HS shall provide a written update to the Board of County Commissioners; and 6. Public Services Administrator or desigrse simll have final approval of all proposed improvements to Licensed premises by or on behalf of HS; and 7. Any and at[ improvements must be in accordance with all then applicable local, State and Federal Laws, rules and regulations. ARTICLE 4. Indemnity LICENSEE accepts the Licensed Premises "as is." COUNTY does warrant that the Licensed Premises are suitable for any purposes. The COUNTY shall not be liable for any injury to any person(s) or to any property caused by the elements or by other persons at the, Licensed Premises, or from the street or sub - surface, or from any odmr place, or for any imerl'ercnec caused by operations by or for a governmental authority in construction of any public or quasi- public works, or otherwise. Agenda Item No. 16D17 July 22, 2008 Page 22 of 31 The COUNTY shall not be liable for any damages to or lass, including loss due to theft, of any property, occurring on the Licensed Premises or any part thereof, and HS shall hold County harmless from any claims for damages, except where such damage or injury is the result of the gross negligence or willful misconduct of the COUNTY or its employees. LICENSEE shall be responsible for the physical condition of the Licensed Premises and shall promptly notify the Public Services Administrator is any condition should arise or occur to die Licensed Premises that could result in property damage or physical injury to any individual(s) who may be present on the Licensed Premises during the tern of this License. ARTICLE 5. Default by HS Failure of HS to remedy any non -compliance of this Agreement within sixty (60) days from receipt of COUD.TY'S written notice stating the noncompliance shall constitute a default, whereby may, at its absolute discretion, terminate this License by giving HS thirty (30) days written notice unless the default is fully cured within that sixty(60) day notice period (or such additional time as is reasonably required to carect such default). However. the occurrence of any of the following events shall constitute a default by HS, and this License may be immediately terminated by COUNTY except to the extent then prohibited by law: _ (n) Falsification of I4S or an agent of HS any report required to be furnished to COUNTY pursuant to the terms of this Lease. (b) Filing of insolvency, reorganization, plan or arrangement of bankruptcy. In the event of the occurrence of any of the foregoing defaults in this ARTICLE 5, COUNTY, in addition to any other rights and remedies it may have, shall have the immediate right to reenter and remove all signs from the Licensed Premises. Such property may be removed and stared in a public warehouse m elsewhere at the cost of and for the account of HS, all without service of notice or resort to legal process and without being deemed guilty of trespass, or being liable for any loss or damage which may be occasioned thereby. ARTICLE 6. Oblieations by County COUNTY shall have no obligations whatsoever except to the extent express)y specified herein. ARTICLE 7. Notices Any notice which COUNTY or HS may be required to give to the other party shall be in writing to the other parry at the following addresses: COUNTY: Board of County Commissioners c/o Real Property Management Dept, 3301 Tamiarni Trail East Administration Building Naples, Florida 34112 cc: Office of the County Attorney (Client Department) HISTORIC SOCIETY: Marro Island Historical Society Incorporated c/o Kris Hellaud, President P.O. Box 2822 Marco Island, Florida 34146 ARTICLE 8. Surrender of Premises Future Lease of the Licensed Premises to HS HS shall remove all signs installed by or on behalf of HS immediately upon expiration of this License and shall deliver up and surrender to COUNTY possession of the Licensed Premises. ARTICLE 9. General Provisions PIS expressly agrees for itself, its successor and assigns, to refrain from any and all use of the Licensed Premises which would 'interfere with or adversely affect the opmation or maintenance of COUNTY'S operations where any such operations share common facilities or otherwise. Rights not specifically grWited the HS by this License are hereby reserved to the COUNTY. ARTICLE 10. Effective Date This License shall become effective upon execution by both COUNTY and HS. Agenda Item No. 16D17 July 22, 2008 Page 23 of 31 ARTICLE 11. Govemine Law This Licensc shag be governed by, and construed in accordance with, the laws of Ilse State of Florida. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS T(} LICENSOR: `? DATED,_R' A7"Ci;ST:) BOARD OF COUNTY COMMISSIONERS DWiG4,4T,,4;'BROCK, Clerk COLLIER COU , FLO )A r BY:._ puty Geri JAM .. COLLTTA, Chairman At ss ^:tin dwfrom's Ifs � PIRST NIT •S si nature (printftype name) S OND 'ITNESS (signature) 'TpNwJ 7l Uu,r1 ur/-- (printhype name) Approved as to form and legal sufficiency: To 7 Thomas C. Palmer, A.esistant County .Attorney AS TO LICENSEE: Marco Island Historical Society, Incorporated BS.) Kris Helland, President EXHIBIT Agenda Item No. 16D17 July 22, 2008 Page 24 of 31 MARCO ISLAND MUSEUM LICENSE .AGREEMENT THIS AGREEMENT entered into thistV "clay of i %tt 2003, between the MARCO ISLAND HISTORICAL SOCIETY LNCORPORATED, ( "LICENSL.E7 whose mailing address is 168 Royal Palm Drive, Marco Island, Florida 34145, hereinafter referred to as "MIHS ", and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "COUNTY" or LICENSOR. THE PARTIES AGREE AS FOLLOWS: ARTICLE 1. Demised Premises COUNTY agrees to license the real property described in Exhibit "A" attached hereto and made a part of this License, herein called the "Licensed Premises ", situated in Collier COUNTY, Florida, for the following purpose (s): ARTICLE 2. Term of License MIHS is hereby licensed for a tern of five (5) years commencing on April 1, 2003 and ending April 1, 2008, to use the Licensed Premises only to raise funds and to install non - permanent signs to said property because MIHS plans to raise funds through receipt of donations to fund future construction of a museum on the Licensed Premises. MMS is hereby granted one option, provided it is not then in default of any of the provisions of this Agreement, to renew this license for one additional term of two (2) years, under the same terms and conditions as provided herein, by delivering written notice of MIHS' unconditional intention to do so to the COUNTY not less than thirty (30) days prior to the expiration of the License hereby created Said notice shall be effective upon actual receipt by the COUNTY. The COUNTY stipulates that if it appears that the MIHS will be successful in its fundraising efforts as described in ARTICLE 5, the COUNTY will reserve the Premises for the construction of the museum without right to terminate this license. This is a license with no interest coupled hereto. The Board of COUNTY Commissioners r°.aerves the right to terminate this License, with or without cause, upon one hundred eighty (180) days prior written notice actually delivered to MMS at the mailing address set forb in ARTICLE 7 unless by such time it appears that the NHS will successfully raise sufficient funds to construct the museum. Said notice shall be effective upon actual receipt by MIILS. .ARTICLE 3. COUNTY ;THIS Relationships In recognition ;hat both parties will have made significant contributions. (i.e. the COUNTY will have contributed the land and the MIHS will have contributed the museum building, parking and landscaping) the following relationships and responsibilities arc agreed to by both parties. A. Pundraisine: 1. The NRHS will design and develop the overall museum concept and site plan with the COUNTY providing general oversight including consistency with known furore library expansion; and 2. The MIHS will engage in the fund raising efforts in accordance with the provisions of this agreement and will be responsible for the collection and disbursement of all funds raised; and B. Design and construction of the museum: I. The MIHS and the COUNTY will conduct the majority of their business through one (1) representative appointed by the County Manager and one (1) representative appointed by the N FS, both of whom will be empowered to make all but the most significant decisions; and ? The MIHS will develop the design and construction plans with oversight by the COUN"PY representative and final approval by the COUNTY; and 3. The MIHS and the COUNTY momseniative will maintain a continuing interface during the construction of the museum and its sire; and 4. The NfIHS will collaborate with the COUNTY representative and obtain COUNTY approval for any changes or modification to the approved plans; and Agenda Item No. 16D17 July 22, 2008 Page 25 of 31 _. 5. The NMS agrees to permit the COUNTY to have access to the fundraising and construction account records of the MIHS; and 6. The MIHS will construct the museum and site with the COUNTY assisting by facilitating the implementation of CITY requirements and providing technical guidance to the MIHS. C. Maintenance of the museum: 1. The MIHS agrees to grant the COUNTY clear title to the museum building; and 2. The COUNTY and the MIHS agree to establish a joint Board of four members, two appointed by the County and Two by the MIHS, which will plan, develop, implement, and maintain the policies, goals and objectives of the museum; and 3. The MM, with approval from the County Bond, will have the right of naming the building or any of the interior rooms to allow the MIHS to fulfill its commitments to large donors; and 4. A block of approximately forty hours per month will be reserved for the NMS as agreed upon by the joint Board (such reserved use is contemplated to be for the exclusive use by MII-IS or reserved to MIHS for the benefit of (or assignment to) others as determined from time -m -time by MII IS); and S. The XMS will staff the museum store with occasional staffing support from the COUNTY; and 6. Profits from the museum store will be retained by the MIHS but will be used primarily for funding museum programs, activities, and equipment; and 7. Both parties will participate in the promotion and marketing of the museum; and ARTICLE 4. Commitment by the MIHS A. During the fundraising phase, the MIIIS agrees that: -- 1. The COUNTY Representative or designee shall be have oversight of all conceptual and site and architectural plans relating to the proposed museum and related facilities, if my; and 2. A conceptual plan and implementation strategy for constructing the museum will be completed by the first anniversary date of this License; and 3. The MI MS shall deliver to the Public Services Administrator an annual written update to the Division .Administrator of fundraising activities and progress development poor to April 1st of each year, and 4. NfHS shall strictly comply with and any all laws and regulations applicable to fund raising activities and COUNTY will not be responsible in any way for any fundraising activities or reimbursements; and 5. At the end of year five (5) of the fund raising activity, MIHS shall provide a written update to the Board of COUNTY Commissioners: and 6. As fundmising nears completion, the MLHS shall solicit and select an architect, project manager, and contractor and, with the oversight of the County, shall design and construct the museum building and the site, B. Upon successful completion of the fund raising phase, the MIHS agrees that: L COUNTY Representative or designee shall have final approval of all proposed improvements to Licensed premises by or on behalf of M1HS; and 2. Any and all improvements must be in accordance with all then applicable local, State and Federal Laws, rules and regulations: and 3. The final design and construction concepts will have considered needs of the Marco Island community; and 4. The MERS will construct the museum building and adjacent parking and will landscape the sight in conformance to the needs of the community and the Code; and C. Upon completion of construction of the museum building, the MIHS shall: I. Grant the COUNTY clear title to the museum building; and Agenda Item No. 16D17 July 22, 2008 Page 26 of 31 2. Appoint the appropriate number of its personnel to the joint board; and 3. With approval from the County Board, name the building or specific rooms in accordance with donor privileges; and 4. Establish a pool of volunteers to aid the COUNTY in the operation of the museum and the implementation of its programs; and 5. Grant the COUNTY the rights to display and use for other purposes the artifacts owned by the NIIHS through established agreements as long as the museum remains in operation; and 6. Operate and maintain a museum store with occasional staffing support from the COUNTY; and 7. Commit the profits from the store operations to funding museum programs, activities, and equipment; and S. Use its influence with the Smithsonian and other museums to acquire short term, long taint, and permanent loans of artifacts and other items of interest to the COUNTY to display in the museum; and 9. Provide programs and other activities for the information and education of the public; and 10. Assist in the promotion and marketing of the museum; and 11. Pledge that any building funds remaining, after the building has been transferred to the COUNTY and all bills owed by the NIMS have been paid, will be applied to the construction of displays agreed upon by the joint board. ARTICLE 5. Commitment by COUNTY COUNTY shall have no obligations whatsoever except to the extent expressly specified herein. The COUNTY supulates that the MUIS fundraising effort shall be deemed to be "successful" if and when the HIES raises sufficient funds to construct a minimum 2000 square foot museum which meets the Smithsonian standards for museums and which funds are sufficient to include parking that mecis COUNTY regulations and landscaping that satisfies the requirements of the community. `Raises" is limited to money actually deposited into the appropriate MIIiS account and firmly committed for expenditure to constrict the museum and parking, A. Upon successful fund raising by the NIIHS, the COUNTY, prior to stars of construction, shall: 1. Assign a primary point of contact to the NMiS with the authority to make most major decision on behal' of the COUNTY; and 2. Establish the COUNTY'S earliest start date for the N1IIi3 to be able to start construction; and 3. Provide guidance to the NMIS for the design and construction of the museum to include, but not limited to, contract award, COUNTY, City, and State building codes and regulations, Smithsonian standards for museums, museum theme and content, and contract oversight; and 4. In cooperation with the MIHS initiate efforts to design and develop display gallenes; and 5. Review and evaluate 1vEHS design and construction plans, recommending changes as appropriate; and 6. Upon approval of design and construction plans, provide IDIIHS with written authority to proceed with the construction; and 7. Dacmine the COUNTY staffing and budget requirements to construct displays and operate and maintain the museum and present the budget requirements to the TDC and the BOARD OF COMNIISSIONERS. B. Upon completion of construction of the museum building, the COUNTY shall: 1. Accept ownership of the museum building; and 2. Appoint two members to the four member joint board, and 1 Construct the museum displays using COUNTY funds; and Agenda Item No. 16D17 July 22, 2008 Page 27 of 31 4. With the assistance of the MM, obtain the artifacts from the Pepper- Hearst Expedition for short term, long term and permanent display at the museum; and 5. Provide full time staffing and funds for the continuing administration, operation and mainrnance, of the museum as the budget allows; and 6. Provide continuing construction and maintenance of galleries in concurrence with the MIIiS; and 7. Staff the museum store in the absence of kfIHS personnel when able; and 8. Schedule meeting and conference facilities for all o .mizations in keeping with the reserved time scheduled for the MIHS and others as determined by the joint board; and 9. In cooperation with the MM, plan and conduct programs and activities for the education and information of the public; and 10. Promote and market the museum; and 11. ff funds raised permit, provide for the moving and integration of the Craighead Inboratory `unctions and equipment into the museum at Mauro Island. ARTICLE 6. Indemnity LICENSEE accepts the Licensed Premises "as is." COUNTY does warrant that the Licensed Premises are suitable for any purposes. The COUNTY shall not be liable for any injury to any person(s) or to any property caused by the elements or by other persons at the licensed Premises, or from the street or sub - surface, or from any other place, or for any interference cuuscd by operations by or for a governmental authority in construction of any public or quasi - public works, or otherwise. The COUNTY shall not be liable for any damages to or loss, including loss due to theft, of any property, occurring on the Licensed Premises or any part thereof, and MMS shall hold COUNTY hamrless, from any claims for damages, except where such damage or injury is the result of the gross negligence or willful misconduct of the COUNTY or its employees. LICENSEE shall be responsible for the physical condition of the Licensed Premises and shall promptly notify the Public Services Administrator is any condition should arise or occur to the Licensed Premises that could result in property damage or physical injury to any individual(s) who may be present on the Licensed Premises during the term of this License. ARTICLE 7. Default by',VMiiS Failure of MIHS to remedy any non -compliance of this Agreement within sixty (60) days from receipt of COUNTY'S written notice stating the non - compliance shall constitute a default, whereby may, at its absolute discretion, terminate this License by giving MIHS thirty (30) days written notice unless the default is fully cured within that sixty (60) day notice period (or such additional time as is reasonably required to correct such default). However, the occurrence of any of the following cven[s shall constitute a default by MIHS, and this License may be immediately terminated by COUNTY except to the extent then prohibited by law: (a) Falsification of MI MS or an agent of NUHS any report required to be furnished to COUNTY pursuant to the terms of this Rase. (b) Filing of insolvency, reorganization, plan or arrangement of bankruptcy. In the event of the occurrence of any of the foregoing defaults in this ARTICLE 5, COUNTY, in addition to any other rights and remedies it may have, shall have the immediate right to re -enter and remove all signs from the Licensed Premises. Such property may be removed and stored in a public warebome or elsewhere at the cost of and for the account of MiHS. all without service of notice or resort to legal process and without being deemed guilty of trespass, or being liable for any loss or damage which may be occasioned thereby. ARTICLE 8. Notices Any notice which COUNTY or MIHS may be required to give to the other patty shall be in writing to the other patty at the following addresses: COCNTY: Board of COUNTY Commissioners c/o Real Property Management Dept. 3301 Tamiami Trail. East Administration Building Naples, Florida 34112 u: Office of the COUNTY Attorney (Client Department) Agenda Item No. 16D17 July 22, 2008 Page 28 of 31 MARCO ISLAND HISTORICAL SOCIETY: Marco Island Historical Society Incorporated c/o Kris Helland, President 168 Royal Palm Drive Marco Island, Florida 34145 ARTICLE 9. Surrender of Premises Future Lease of the Licensed Premises to MIHS MIHS shall remove all signs installed by or on behalf of MIHS immediately upon expiration of this License and shall deliver up and surrender to COUNTY possession of the Licensed Premises. ARTICLE 10. General Provisions 1,I1HS expressly agrees for itself, its successor and assigns, to refrain from any and all use of the Licensed Premises which, would interfere with or adversely affect the operation or maintenance of COUNTY'S operations where any such operations share common facilities or otherwise. Rights not spccificully granted the MIES by this License are hereby reserved to the COUNTY. ARTICLE 11. Effective Date This License shall become cffcclive upon execution by both COUNTY and MMS. ARTICLE 12. Governing Law i This Licenseshallbe govemed by, and construed inaccordence with, the lawsof the Stateof Florida. DATen.. ATTESTi.� DMCHT E. BROG,K, Clerk ! :Deputy Clerk ' Attact is to slgnstwo 041y. f� a DATED: FIRST WIT 0ESS (sie ature) Jo L 1V4 4�'r (print /type name) z• -lit/; zLd SECOND WITNESS (signature) 7, 1 •~(printitvpename) _ Approved as to four and legal sufficiency: Thomas C.' Palmer, Assistant Count)' Aromey LICENSOR: BOARD OF C UNTY COMMISSIONERS COLLIER 7CNTY, F,�RIDA BY: w, . /4/�/ I Tom ffenning, Chairman LICENSEE: Marco Island Historical Society, Incorporated BY: c��.•vwcr.QF..ts) .snekr�ru,J Elizabath Perdichizzi, President L Agenda Item No. 16D17 July 22, 2008 Page 29 of 31 EXHIBIT A That property describcd as Scction 16, Township 52, Range 26, Marco Beach Unit 7, Tract D. Agenda Item No. 16D17 July 22, 2008 Page 30 of 31 FIRSI`AMENDMEW TO THg RAR i_.I.ICI IYSitAGREEMEN"r BETWEEN CP" ER COLWTV AND MARCO ISLAND HISTORICAL SOCIETY THIS FIRST AMENDMENT, entered into this -i54' day of July, 2006 to that Agreement elated May � 3, 2003 between COLLIER COUNTY ("COUNTY", a political subdivision of the State of Florida; IQ red a2° 3301 Tamiami Trail I-, Naples, Florida, 34112, and the MARCO ISLAND HISTORICAL $OCIETY INCORPORATED ((`LICENSEE J. WHEREAS, the existing Agreement .between the COUNTY and the LICENSEE specifies that the LICENSEE is limited to raising funds to construct a minimum 2000 square foot museum that complies with museum standards of the Smithsonian (in Washington, D.0 J, which museum standards require that a "safe" be constructed within the in*ior of the museum; and WHEREAS, the LICENSEE has requested that the subject May 13, 200 Agreement be emended by means of this "First Amendment" to authorise the LICENSEE to solicit donations for construction of a minimum 2800 squire foot Historical Presentation Building (''Living history Hall') that does not include the Smithsonian required "safe" and thereafter construct a separate minimum 2000 squars foot Smithsonian museum standard compliant building; and WHEREAS, the COUNTY'S staff agrees with LICENSEE'S request. NOW, THEREFORE, the Parties agree that the May 13, 2003 Agreement is hereby amended as follows: 1. "ARTICLE 5. Commitaieut by COUNTY." The second full paragraph in the May 13, 2003 Agreement between these parties is hereby amended to read as follows: The COLNTY stipulates that the MIHS fundraising effort shall be deemed to be "successful" if and when the NiM raises sufficient funds to coastrwt ging a minimum 2800 square -foot Historical Presentation c4mstrud a minimum 2000 Square foot museum v4lieb 1bS me6 complies with the $mithsoniatl standards for museums, and which funds are sufficient to include Q=truddon of the ftS ective building's related motor vehicle parking g= that meets complies with Cowry- regulaaous and landscaping that satisfies the requirements of the community. "liaises" is limited to money actually deposited into: the appropriate MIHS account and firmly committed for expenditure to construct the museum and parking. 0 Agenda Item No. 16D17 July 22, 2008 Page 31 of 31 2. The origirW Agrcemcnt is not amended cic4t es expressly {;pacified abo*v'a. IN WITNESSES WkEREOF, the partica h;�ctg have set their hands and scats the day and year first above written. F_12k1ig —lip i ITNESS (Signature) �Ei' w 01*m eo Printed Name of First Wirness SFC0K—D WfTNEss (signaiurc) Printed Name of Second Witness ATTEST: DWIGHT E. BROCI 1 CLERK B, nt LO CPAfMMLfiy Clerk sign UTV got 1:, Approved as to form and legal suEilciency: Toni Palmer. Assistant County Attorn LICENSEE: MARCO 14LA= 91STORICAL SOCIETY, INCORPORATF.II CYNTHIA AND • ON, esPf ideni COUNTY: BOARD OF COUNT)( COXIMISSIONERS OF COLLIER COUNTY, FLORIDA By: ...�� FRANK HALAS, CHAIRMAN