Sarasota Ski-a-Rees Association and Southern Extreme Water Ski Show TeamLIMITED USE LICENSE AGREEMENT
AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, AND THE SARASOTA SKI-A-REES ASSOCIATION
AND SOUTHERN EXTREME WATER SKI SHOW TEAM
This is entered into this day of 7//,~ ,2003, by
and
between
the
Board of County Commissioners, Collier County, F](~}fida~'whose mailing address is 3301
East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "Board", and the
Sarasota Ski-a-Rees and Southern Extreme Water Ski Show Team, not-for-profit Florida
corporations, hereinafter referred to as "Organization".
WHEREAS, the Organizations request the use of County-owned land for the
purpose of holding activities for conducting a water ski tournament on June 20, 21, and
22nd, 2003.
WHEREAS, the Board is willing to approve the use of County-owned land for
such purposes as are specified herein:
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
The Board hereby approves the use of a portion of County-owned property identified
as Sugden Regional Park as shown in Exhibit "A" attached hereto and made a part
hereof, hereinafter referred to as the "Property" for the purpose of holding activities
for a water ski tournament hereinafter referred to as the "Event". The Board hereby
grants the Organization the right to photograph, record, televise, broadcast, distribute,
exhibit, advertise and promote the Event. The Board has rights to use pictures for
promotion of this program. Use of the Property by the Organization shall be from
12:01 AM, June 20 through 11:59 pm on June 22, 2003.
The Organization shall be responsible for all on and off-site Event operations and
revenue as well as the administration of all revenue derived from the Event. The
Organization shall have the sole right and responsibility with respect to the granting
of concessions (such as food, beverages, programs), sponsorship and merchandising
rights and the revenue therefrom subject to approval of the Public Services
Administrator.
The Organization shall monitor, control and assume responsibility for all activities,
vendors, licensees, and invitees associated with holding of the Event, such
responsibility not being limited to trash collection and clean-up of the Property.
Repair of damaged areas will be at the expense of the Organization. Board shall not
be obligated or required to improve, repair, or maintain the Property or any part
thereof in any manner whatsoever.
Prior to making any changes, alterations, additions or improvements to the Property,
the organization shall provide to the Parks and Recreation Department, in writing, all
proposals and plans for alterations, improvements, changes or additions to the
Property. The Organization 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 permanent alterations, improvements,
and additions to the Property shall, at once, when made or installed, be deemed as
attached to the freehold and to have become the property of Collier County and shall
remain for the benefit of the County at the end of the term set forth in this agreement
in as good order and condition as they were when installed, reasonable wear and tear
excepted; provided, however, if Board so directs, the Organization shall promptly
remove all portable and non-permanent additions, improvements, alterations, fixtures
and installations which were placed in, on, or upon the Property on behalf of the
Organization, and repair any damage caused to the Property by such removal.
o
Organization agrees that the Event will be managed in such a way as to comply with
all other Collier County ordinances, codes and Parks and Recreation Department
policies. In particular, the event noise will be managed to limit any sound
amplification to meet the Collier County Noise Ordinance. There shall be no on-site
sales, promotion, or consumption of alcoholic beverages within the park boundaries.
There shall be no on-site sales and promotion of any tobacco product within the park
boundaries.
6. Organization agrees to:
Provide on or before April 21st, 2003 to the Parks and Recreation Department
and appropriate Development Services staff an application for a special events
permit. A logistical schedule of events (e.g. deliveries, set-up, clean up, etc), an
event map and parking plan will be included within the special events permit
application package.
Meet on the Property on or before May 16, 2003 with representatives from the
Collier County Parks and Recreation Department, the Collier County Sheriff's
Department and Collier County EMS. The Organization will have or will have
provided in advance of the meeting:
1. Fire Retardant Certificates and safety inspection for all tents to the East
Naples Fire Department (if applicable)
2. A copy of the certificates of all insurance required by this agreement,
3. A security, parking and pedestrian crossing plan agreed to in writing by the
Collier County Sheriff's Department.
4. Written confirmation for on-site Emergency Medical Services from the
Collier County EMS Department, and
5. A copy of the organization's "Program Schedule". (Include times)
6. Vendor List
Organization agrees to manage the Event as outlined within the Program Schedule
prepared by Organization. Such plans shall be made a part of this Agreement.
Revisions to the Program Schedule after the meeting of May 16, 2003, referenced in
paragraph six (6B) will require the review and approval of the Public Services
Administrator. Should inclement weather require cancellation of the event of June
20, 21, 22, such a decision will be made in conjunction with the Organization and the
Public Services Administrator as agreed to by the Organization and the Public
Services Administrator.
Organization shall indemnify, defend and hold harmless Board, its agents and
employees from and against any and all liability (statutory or otherwise), damages,
claims, suits, demands, judgments, costs, interest and expenses (including, but not
limited to, attorneys' fees and disbursements both at trial and appellate levels) arising,
directly or indirectly, from any injury to, or death of, any person or persons or
damage to property (including loss of use thereof) related to (A) Organization's use
of the Property, (B) any work or thing whatsoever done or any condition created
(other than solely by Board, its employees, agents or contractors) by or on behalf of
Organization in, about, on or with the Property, (C) any condition of the Property due
to or resulting from any default by Organization in the performance of Organization's
obligations under this Agreement, and (D) any act, omission or negligence of
Organization, its agents, contractors, employees, subtenants, licensees or invitees. In
case any action or proceeding is brought against any of the above by reason of any
one or more thereof, Organization shall pay all costs, attorneys" fees, expenses and
liabilities resulting therefrom and shall defend such action or proceeding if Board
shall so request, at Organization's expense, by counsel reasonably satisfactory to
Board, except where such damage or injury is the result of the gross negligence or
willful misconduct of the Board or its employees.
9. The Organization accepts the property "as is". The Board shall not be liable for any
injury or damage to any person or property caused by the elements or by other
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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.
The Board shall not be liable for any loss of property, including loss due to petty
theft of any property occumng on the Property or any part thereof. The
Organization agrees to hold the Board harmless from any claims for damages,
except where such damage or injury is the result of the gross negligence or willful
misconduct of the Board or its employees.
(a) Organization shall provide and maintain special event general liability and
property liability insurance policy(ies), approved by the Collier County Risk
Management Department for not less than One Million Dollars and No/Cents
($1,000,000) combined single limits during the term of this Agreement.
(b) Collier County shall be listed as additional insured on the commercial general
liability policy. Evidence of such insurance shall be provided to the Collier County
Risk Management Department, 3301 East Tamiami Trail, Administration Building,
Naples, Florida, 34112, for approval prior to the commencement of this Agreement;
and shall include a provision requiring ten (10) days in which to obtain such
additional insurance.
This Limited Use License Agreement shall be administered on behalf of the Board
by and through the Collier County Parks and Recreation Department.
It is the responsibility of the Organization to properly notify the general public of
closed roads and designated parking areas. The Organization shall ensure that the
park and all park facilities remain open and accessible to the public.
This Agreement is not assignable. Any attempt to assign shall be void ab initio.
The Rental Rate for the festival is $800 per day for a total of $2,400. No admission
fee will be charged for this event. No sale of large commercial items will be
allowed, i.e. boats, motors.
This Agreement represents a bare license for the Organization's use of the property
and does not convey any estate in the Property or create any interest therein
whatsoever.
17. The Organization shall be responsible for paying all taxes and charges associated
with or resulting from the holding of this Event.
18. This Agreement is governed and construed in accordance with the laws of the State
of Florida.
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 ORGANIZATION:
1602
SARASOTA SKI-A-REES
XTVitne~ (Signature)
(~fint name)
~~tness (s~gnature)
(p~ht n~e)
,,~e~s-(signature)
('print name)
Witness (signature)
By:
~nett, President
SOUTHERN EXTREME WATER ~kKI SHOW
By:~~\
David Reinersten, President
(print name)
AS TO THE COUNTY:
ATTEST:
DWlGiLi~"Ei BROCK,, Clerk of Courts
By:.~.'" ·: " . V,
At'~
iI,
Approved as to form
And legal sufficiency:
Robert Zachary/) ~'
Assistant Coffnty Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ~_~'~ ~._ .. '
4
1602
Temporary Agreement
I, .~'*'~d A) V - 6. cJ ILo! , as President of Gulf Coast Skimmers Water Ski Show, Inc. hereby agree
to waive all liabilities stated in the Lease Agreement//798 dated January 7, 1997 between Collier County
Board of County Commissioners and Gulf Coast Skimmers Water Ski Show Team, Inc., during the dates of
June 20, 2003 through June 22, 2003.
I acknowledge as of Friday, June 20, 2003, 12:01 a.m. until Sunday, June 22, 2003, 11:59 p.m., under the
direction of Southern Regional Ski Show Association in cooperation with host, Southern Extreme Water
Ski Show Team and co-host Sarasota Ski-a-Rees will be responsible for all liabilities, permit and rental
fees, and/or damage to site and the demised premises, including docks, ski jumps, amphitheater, and will
abide with all Collier County ordinances. By signing this agreement all signing parties understand that
Collier County will not suspend, terminate or change the Lease Agreement # 798 between Collier County
and Gulf Coast Skimmers Water Ski Show, Inc. dated January 7, 1997 in any way as of the current date or
any dates in the future. Collier County will not request or require the Gulf Coast Skimmers Water Ski
Show, Inc. to ceases its regular operations during the dates of June 20, 2003 through June 22, 2003.
1) Sarasota Ski-a-Rees and Southern Extreme Water Ski Team will not request or force the Gulf Coast
Skimmers Water Ski Show, Inc. staff, members, children, family, volunteers, agents, Board of
Directors, sponsors, or property including boats, slalom coarse, ski jumps, docks, storage containers,
construction materials to be removed fi.om Sugden Regional Park property or the demised premises as
outlined in the Lease #798 agreement date January 7, 1997during the dates stated above.
2) The Gulf Coast Skimmers Water Ski Show, Inc. and personal, kids, volunteers, sponsors, Board of
Directors, children, agents, staff, and families will be able to participate in the tournament event.
3) Sarasota Ski-A-Rees Water Ski Show and the Southern Extreme Water Ski Show Team will provide a
certificate of additional insured naming the Gulf Coast Skimmers Water Ski Show, Inc. for no less than
One Million Dollars ($1,000,000) combined single limits during the tournament dates. The additional
insurance certificate will be provided ten (10) days prior to the tournament.
4) The Gulf Coast Skimmers Water Ski Show, Inc. shall not be liable for any loss of property, including
losses due to petty theft of any property occurring on the property or any part thereofi The Southern
Extreme Water Ski Show Team and the Sarasota Ski-A-Rees Water Ski Show and Southern Regional
Water Ski Association participants agree to hold the Gulf Coast Skimmers Water Ski Show, Inc. and or
its directors and or members, sponsors, donors, Board of Directors and advertisers fi.om any claims for
damages.
5) Gulf Coast Skimmers will have the option to perform their Saturday evening 6:30 p.m. weekly water
ski show during the dates mentioned above.
6) The Gulf Coast Skimmers Water Ski Show, Inc. and the Southern Extreme Water Ski Show Team will
jointly organize all concession activities during the tournament. Proceeds t~om team registrations, t-
shirt sales, and concessions will be split equally at the close of the tournament less all tournament
expense. Twenty (20) days prior to the tournament a budget will be established by John V. Gursoy and
David P. Reinertsen. The Gulf Coast Skimmers Water Ski Show, Inc. concession may be opened as an
option and profits will be split equally. A hot food items concessions will be contracted to serve the
event in which profits will be split equally between the Gulf Coast Skimmers Water Ski Show, Inc.
and the Southern Extreme Water Ski Show Team.
The undersigned parties understand the responsible parties for host; Southern Extreme Water Ski Show
Team is President, David Reinertsen and the responsible parties for co-host; Sarasota Ski-a-Rees is
President, Roger Bennett. The undersigned understand the ski site at Sugden Regional Park will be under
the management of host and co-host teams and conduct their activities to be consistent with the Lease
Agreement #798 dated January 7, 1997. Host and co-host ski teams will be responsible for all financial
responsibilities and liabilities along with garbage pick up, additional portable restroom facilities during the
Southern Region Ski Show Toumament during the above mentioned dates.
BY:
Job6 ¥. Gursoy, President
Gulf Coast Skimmers Water Ski Show Team, Inc.
Southern Extreme Water Ski Show Team, Inc.
R~(g,9(//Befi~ e~tt, President
Sarlgota Ski-a-Rees Water Ski Show Team, Inc.
16D2
~s (sighat ' ~
Witness (printed name)
Witness (si~flature)
Wimess (prated name)
Wi~ess (~atmey
wimess (prated name)