Golden Gate FestivalTO:
FROM:
DATE:
RE:
MEMORANDUM
Sue Filson, Administrative Assistant
Board of County Commi~s~yt~
Michael Dowling
Real Property Specialist V
Real Property Management Department
February 15, 2000
Execution of a Limited Use License Agreement
Golden Gate Festival
RECEIVED
VE£ 1 2000
Board of Count~ C°mmiSsior~er$
For execution by the Chairman of the Board of County Commissioners, please find attached the
referenced Agreement.
The "Blanket" Resolution authorizing the Chairman of the Board of County Commissioners to
execute the attached Agreement was approved by the Board of County Commissioners on
January 25, 2000, item 16 D (4), as Resolution # 2000-25.
Please forward the document to Ellie Hoffman, Recording Secretary, for attestation by the
Clerk to the Board. Ms. Hoffman will then call me at extension 8991 for document
pick-up.
Thank you.
Attachment as stated
Lease # 901
LIMITED USE LICENSE AGREEMENT
LIMITED USE LICENSE AGREEMENT BETWEEN THE BOARD OF COUNTY
COMMISSIONERS, COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF
FLORIDA AND THE GOLDEN GATE AREA CHAMBER OF COMMERCE, INCORPORATED, A
NON-PROFIT FLORIDA CORPORATION, APPROVING THE USE OF COUNTY-OWNED
PROPERTY FOR THE PURPOSES OF HOLDING ACTIVITIES FOR THE GOLDEN GATE
FESTIVAL (FORMERLY KNOWN AS FRONTIER DAYS).
This Limited Use License Agreement entered into this/~'2ff:~ day of.,~~ ,
2000, by and between the Board of County Commissioners, Collier County, Florida, whose ma~ing address is
3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "Board", and the Golden Gate Area
Chamber of Commerce, Incorporated, a non-profit Florida corporation, whose mailing address is 3847 Tollgate
Boulevard, Naples, Florida 34114, hereinafter referred to as "Chamber".
WHEREAS, the Chamber requests the use of County-owned land for the purpose of holding activities for the
Chamber's annual event beginning February 25 through February 27, 2000 in which the proceeds generated will
benefit the community; and
WHEREAS, the Board is willing to approve the use of County-owned land for such purposes;
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. The Board herein approves the use of County-owned property identified as that portion of Tract 115,
Golden Gate Subdivision, Unit 4, as recorded in Plat Book 5, Page 109, of the Public Records of Collier
County, Florida, which lies west of the Golden Gate Community Center on Golden Gate Parkway and east of
the Golden Gate Emergency Services Complex, more specifically depicted on Exhibit "A", attached hereto and
made a part hereof, and hereinafter referred to as "Property", for the purpose of holding activities for the
Chamber's annual event.
2. The approval of the use of the Property by the Chamber shall extend from sunrise to midnight, February
23 through February 29, 2000. These dates include additional days for set-up and tear-down.
3. The Chamber shall monitor, control and assume responsibility for all activities, vendors, licensees, and
invitees associated with holding of such an event, such responsibility not being limited to trash collection and
clean-up of the Property. Board shall not be obligated or required to improve, repair, or maintain the Property or
any part thereof in any manner whatsoever.
4. The Chamber shall acquire any and all permits required by Collier County and any other governmental
entity to conduct such an event and related activities on the Property. The Chamber shall post a Five Hundred
Dollar ($500.00) cash bond with the Real Property Management Department, 3301 East Tamiami Trail,
Administration Building, 8th Floor, Naples, Florida, 34112, by February 14, 2000, to insure adequate clean-up
of the property at the termination of this Limited Use License Agreement. It is understood and agreed that this
bond is not intended to replace Chamber's obligation to clean up the Property at the completion of its activities
under this Limited Use License Agreement. The Finance Department shall return such bond to Chamber if said
Property is cleaned up in a timely and proper manner as required herein.
5. Prior to making any changes, alterations, additions or improvements to the Property, the Chamber will
provide to Board, in writing, all proposals and plans for alterations, improvements, changes or additions to the
Property. The Chamber 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 installed, reasonable wear and tear excepted; provided, however, if Board so directs, the Chamber shall
promptly remove the additions, improvements, alterations, fixtures and installations which were placed in, on,
or upon the Property by the Chamber, and repair any damage caused to the Property by such removal.
6. The Chamber shall provide and maintain general liability insurance policy(ies), approved by the Collier
County Risk Manager, for not less than One Million Dollars and No/Cents ($1,000,000.00) combined single
limits during the term of this Agreement. The Chamber shall also carry Liquor Liability Insurance in limits not
less than One Million Dollars and No/Cents ($1,000,000.00) per occurrence. Such insurance policy(ies) shall
list Collier County as an additional insured thereon. Evidence of such insurance shall be provided to the Collier
County Risk Manager, 3301 East Tamiami Trail, Administration Building, Naples, Florida, 34112, for approval
prior to February 14, 2000; and shall include a provision requiring five (5) days prior written notice to Collier
County c/o County Risk Manager in the event of cancellation.
7. This Limited Use License Agreement shall be administered on behalf of the Board by and through the
Collier County Real Property Management Department.
8. The Chamber agrees to hold harmless and defend Collier County, the Board of County Commissioners
of Collier County, Florida and their agents and employees, from any claims, assertion or cause of action for any
loss, injury or damage to persons or property arising from or associated with the Chamber's activities or use of
the Property. The Chamber further agrees to indemnify Collier County and the Board of County Commissioners
of Collier County for any costs, expenses or fees, including attorneys' fees, arising from any claims or cause of
action for loss, injury or damage to persons or property arising from or associated with the Chamber's activities
or use of the Property.
9. The Chamber covenants and agrees not to assign this Limited Use License Agreement or to permit any
other persons to occupy same without the written consent of Board.
10. The Board 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 fifteen (15) days notice to the Chamber of Board's intent
to reschedule and/or cancel.
11. The Board and Chamber specifically agree that this Agreement represents a license for the Chamber's
use of the Property and does not convey any estate in the Property or create any interest whatsoever.
12. The Chamber represents and warrants to the Board that no hazardous materials will be
discharged to the air, grounds, sewer, or to a septic system on the Property.
13. The Chamber shall be responsible for paying all sales taxes, if applicable, and all other taxes and charges
associated with or resulting from the holding of this event.
14. The sale of alcoholic beverages shall be only permitted on the Property during the event.
15. This Agreement shall become effective upon execution by both the Board and the Chamber.
16. 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 CHAMBER:
CHAMBER:
DATED: ~-/r ~'//~ o
/
(print name)
ess~(~qi~ture)
(print name)
THE GOLDEN GATE AREA CHAMBER
OF CO,MMERCE, INCORPORATED
M, Aa~ ;qALI~I~, President
2
AS TO THE BOARD: BOARD:
ATTEST:
DWIGHT E; BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIE~DA
T OI~Y J. COb~AN'r~~"r~n'~
Approved as to form
and legal sufficiency:
Robert Zacliary
Assistant County Attorney
3
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MEMORANDUM
TO:
FROM:
Sue Filson, Administrative Assistant
Board of County Commiss~
Michael Dowling '~'~ ~j
Real Property Specialist '"~
Real Property Management Department
DATE: November 1, 2000
Execution of a Limited Use License Agreement
Golden Gate Festival
For execution by the Chairman of the Board of County Commissioners, please find attached the
referenced Agreement.
The "Blanket" Resolution authorizing the Chairman of the Board of County Commissioners to
execute the attached Agreement was approved by the Board of County Commissioners on
January 25, 2000, item 16 D (4), as Resolution # 2000-25.
Please forward the document to Ellie Hoffman. Recording Secretary_, for attestation by the
Clerk to the Boa.rd. Ms. Hoffman will then call me at extension 8991 for document
pick-up.
Thank you.
Attachment as stated
LIMITED USE BARE LICENSE AGREEMENT
LIMITED USE LICENSE AGREEMENT BETWEEN THE BOARD OF COUNTY
COMMISSIONERS, COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE
OF FLORIDA AND THE ART LEAGUE OF MARCO ISLAND, INC., A NON-PROFIT
FLORIDA CORPORATION, APPROVING THE USE OF COUNTY-OWNED PROPERTY
FOR THE PURPOSE OF AN ART AND CRAFT SHOW AND PARKING.
This Limited Use License Agreement entered into this ~ ~ o~ day of ~)~ ,
2000, by and between the Board of County Commissioners, C 11'er County, Florida, whose mailing
address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinalter referred to as "Board", and The
Art League of Marco Island, Inc., a non-profit Florida corporation, whose mailing address is 1010
Winterberry Drive, Marco Island, Florida 34145, hereinafter referred to as PERMITEE.
WHEREAS, the PERMITEE requests the use of County-owned land for the purpose of conducting
activities for an art and craft show and parking for PERMITEE, which are to held on November 18,
2000; January 20 and 21, 2001; February 3, 10 and 11, 2001; and March 10 and 11, 2001.
WHEREAS, the Board is willing to approve the use of the subject County-owned land for such
purposes;
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED
HEREIN AND OTHER VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS:
1. The Board hereby approves the use of County-owned property identified as 1041 Winterberry Drive,
Marco Island, Florida, hereinafter referred to as "Property" for the purpose of holding activities: art
and craft show and parking.
2. The approval of the use of the Property by the PERMITEE shall be for November 18, 2000;
January 20 and 21, 2001; February 3, 10 and 11, 2001; and March 10 and 11, 2001.
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". Board shall not
be obligated or required to improve, repair, or maintain the Property or any part thereof in any manner
whatsoever.
4. The PERMITEE shall acquire any and all permits required by Collier County and any other
governmental entity to conduct such event and related activities on the Property prior to the dates of
the intended event. Said permits are issued by the Planning and Permitting Department located within
the Collier County Development Services building on Horseshoe Drive.
5. The PERMITEE shall post a Five Hundred and No/100 Dollars ($500.00) bond in the form of cash
with the Collier County Real Property Management Department at least ten (10) days prior to the
scheduled event to insure adequate clean-up of the Property at the termination of this Limited Use
License Agreement. This bond is not intended to replace PERMITEE'S obligation to clean up the
Property at the completion of its activities under this Agreement. The bond shall be forwarded to the
Real Property Management Department, Administration Building, 3301 East Tamiami Trail, Naples,
Florida 34112. The Real Property Management Department shall return said bond to PERMITEE
within thirty (30) days from the last day of the event, if said Property is cleaned up in a timely and
proper manner as required herein.
6. NON-PERMANENT IMPROVEMETNS: Prior to making any changes, alterations, additions or
improvements to the Property, the PERMITEE will provide to Board, 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 Board'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. The PERMITEE shall provide and maintain general liability insurance policy(ies), approved by the
Collier County Risk Manager, for not less than Five Hundred Thousand and No/Dollars ($500,000.00)
combined single limits during the term of this Agreement. Such insurance policy(ies) shall list Collier
County as an additional insured thereon. Evidence of such insurance shall be provided to the Collier
County Real Property Management Department, 3301 East Tamiami Trail, Administration Building,
Naples, Florida, 34112, for approval prior to November 8, 2000, and shall include a provision requiring
ten (10) days prior written notice to Collier County c/o County Risk Manager in the event of
cancellation.
8. This Agreement shall be administered on behalf of the Board by and through the Collier County
Real Property Management Department.
9. The PERMITEE agrees to hold harmless and defend Collier County, the Board of County
Commissioners of Collier County, Florida, and their agents and employees, from any claims, assertions
or causes of action for any loss, injury or damage to persons or property arising from or associated with
the PERMITEE'S activities and/or use of the Property. The PERMITEE further agrees to indemnify
Collier County and the Board of County Commissioners of Collier County for any costs, expenses or
fees, including attorneys' fees (including all appeals), arising from any claims or causes of action for
loss, injury and/or damage to persons or property arising from or associated with the PERMITEE'S
activities and/or use of the Property.
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 Board's staff.
11. The Real Property Management Department 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.
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 Board 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 Board 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 Board, the Board may request that the PERMITEE conduct and provide to
the Board an environmental audit, which shall contain a written declaration from an environmental
consultant acceptable to Board, 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.
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 sale and/or consumption of alcoholic beverages shall be prohibited on the Property during this
event unless expressly permitted by Collier County in writing.
17. This Agreement is governed and construed in accordance with the laws of the State of Florida.
2
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 '
Witness (signature)
(print name)
~Vi(ness (signatto'e)
(print name)
THE ART LEAGUE OF MARCO ISLAND,INC.
By: ~~~'~,/<7 ,,~~//
~v~, .... ~. $T~,~,~vt. oe.l~, President
AS TO THE BOARD:
~ ':~DWi'0i--Ii' E. :BROCK, Clerk
~/~'~/a,~.~'~,~ ~, l~;puty C1 erk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNT_Y, F~
BY' O~. i,~'~ .... '
'JAMES D. ~(RTER, Ph.";., Chairman
Attest as to C:hatrma't
signature on15.
Approved as to ~rm ~p, nd legal sufficiency:
Thomas C. Palmer
Assistant County Attorney
3