Agenda 11/22/1988 PARKS AND RECREATION ADVISORY BOARD
AGENDA
NOVEMBER 22 , 1988
The Parks and Recreation Advisory Board meeting will be held
on Tuesday, November 22 , 1988 at 9 : 00 AM in the Parks and
Recreation Administration Building, Conference Room, 3300
Santa Barbara Boulevard.
I. Call Meeting to Order
II . Approval of Minutes from October 27 , 1988
meeting
III . Old Business
A. Parks and Recreation Advisory Board
Applications
IV. New Business
A. Chatham Lake Development Rezone
(presented by Barbara Cacchione)
B. Approval of Maintenance Equipment
Bid No. 88-1324
C. Approval of CSOA Contract for Sports Officials
Vi. Adjourn
513
ROBERT B. NEUMAN
545 LAKE LOUISE CIRCLE
NAPLES, FLORIDA 33940
October 3 , 1988
firs. Israelson
3301 U. S. 41 East
Naples , Fl 33962
Dear Mrs. Israelson :
Per our telephone conversation of this morning ,
pertaining to the position open on The Collier
County Parks and Recreation Advisory Board.
I would like to submit my name for consideration
for the opening. As I told you it has been many
years since I have written a resume .
Regardless what happens I want you to know that
I appreciate the time you gave to me explaining
what was needed.
Cordially_,
(A/t,-)Z-,12167/.-
Home telephone ..597-5409
1938
Bu.County Ccmmssionerc
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Al lim` RESUME
Robert B. Neuman Married 52 years
545 Lake Louise Lircle Two grown children
Naples, FL 33963 Dr. M. Neuman
Prof. Bonnie Neuman
Age 75 years
Education ; University of Wisconsin �
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" Business Background;
Printing Broker in Milwaukee , WI.
Advertising agency , publishing business
Retired to Naples in 1981
ACTIVITIES:
President of Condo group consisting of six buildings, also I
am incharge of ground maintance. ( The Retreat Of Naples )
Past President of Naples Mens Newcomers Club.
Member of the Volunteer Naples Police Dept.
3 k .
V FINA NCIAL AND REFERENCES
We own our apartment at the Retreat.
Citizens National Bank , Anchor Rode
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LAW OFFICES OF
LIEBERFARB, TREISER, KOBZA & LEIGH
CHAataaao
801 TWELFTH AVENUE SOUTH • 4TH FLOOR
NAPLES, FLORIDA 33940 Rpy A.HARMON
KIM P. KOBZA TELEPHONE (813) 649-4900 _ --.
DAVID E.LEIGH ROGER E. CRA.IO
STANLEY J. j.IEBERFAHB TELEFAX 813/649-0823 or COUNaEL
RICHARD M.TREISER `
October 14, 1988
< f?('T 1 r 1988
•
Collier County Board of Commissioners 1Sti, e;,u7tz,�;;,_. _.
3301 East Tamiami Trail
Building "F" , Third Floor
if Naples, Florida 33962 -
Re: Appointment- District 2 Representative to the Collier
County Parks & Recreation Planning Advisory Board
Dear Commissioners:
y By this letter I would like to make formal application for
appointment to the District 2 position open on the Collier
County Parks & Recreation Planning Advisory Board.
Because of the obvious and explosive growth in Collier
County during the past decade and as projected for the next
several decades, I believe that the identification and proper
use of our scarce natural resources is absolutely critical to
the quality of life which is so important to all of us. In
very few areas is proper utilization of ,our resources so
important as in the area of public parks and recreational
facilities.
I believe that I am uniquely qualified to fill the
ir... District 2 position, having had a tremendous wealth of
experience in municipal law and land use planning at a
professional level as well as a substantial amount of municipal
experience working with elected officials and staff in over ten
( 10) municipalities. Enclosed with this letter you will find
my qualifications as set forth in my resume.
In addition to my professional and educational
qualifications, and perhaps most importantly, I am concerned
about the future of growth and planning in Collier County and
the role that our public park and recreational facilities play
in that growth. Further, I have always believed that one
should give back to his or her community at least a part of
what that community has provided to each person.
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Collier County Board of Commissioners
October 14, 1988
Page 2
If appointed, I would use my best efforts to fulfill the
requirements of the position on the Parks and Recreation Board
and to represent the citizenry of District 2, , and further
believe that I could bring a very diverse and unique
perspective to the Board.
For all of the above reasons, I would like to request and '
would greatly appreciate your strongest consideration for my
application to the Board. I would further invite the
opportunity to either appear before the Board or to meet with
staff, if that would be helpful in considering my application.
Thank you once again for your attention and consideration.
Very truly yours,
-FARB -liar,' R /IBZA AND LEIGH, CHTD.
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nclosure
-86
cc: Arnold Glass
Anne Goodnight
Burt Sanders
John Pistor
Max Hasse
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A, KIM PATRICK KOBZA
847 Reef Pointe Circle
Naples, Florida 33963
OCCUPATIONAL EXPERIENCE
Lieberfarb, Treiser, Kobza & Leigh, Chartered (Partner) (April,
1987 - Present)
801 Twelfth Avenue South
Naples, Florida 33940
Principal Areas of Practice:
Zoning, municipal taxation, business/corporate.
Vander Ploeg, Ruck, Luyendyk & Wells (Managing Partner) ( 1983 -
April 1987 )
120 West Apple Avenue
Muskegon, Michigan 49443 (currently "Of Counsel" )
Principal Areas of Practice:
Business/Corporate, municipal representation.
Assistant City Attorney
,-City of Norton Shores, Michigan (emphasis)
Property taxation, zoning.
Contact: Mayor Merrill Bailey (President of Michigan
Municipal League) City Manager Herb Frye 616-798-4391
Collinge, Silky, Hughes & Kobza (Partner) ( 1981-1983)
101 Muskegon Federal Savings Building
Post Office Box 1229
Muskegon, Michigan 49443
Aerial Painting & Contracting/Aerial Lift.-Rentals
(Director/Officer) - 1982-Present
4329 Arnold Avenue
Naples, Florida 33942
Dalton Township (Township Attorney)
Muskegon, Michigan 49443
Contact: Merle Hittle, Township Supervisor - 766-3043
Cedar Creek Township
Muskegon County
Contact: James Muston, Township Supervisor
3911 E. River Road
Twin Lake, Michigan 49457
( 616) 744-5078
-1-
•
Colfax Township
Contact: Mark Balcom, Supervisor
Winter Road, Walkerville, Michigan 49459
( 616) 873-3652
Lake Township
Lake County, Michigan
Contact: Lee Ann Russell, Township Supervisor
Post Office Box 837
0 Baldwin, Michigan 49304
( 616) 745-3432
Claybanks Township
Oceana County, Michigan
Contact: Ms. Carol Royalty
Route 1, Wilke Road
Montague, Michigan 49437
( 616) 894-8182
Ravenna Township
Contact: James Drake, Supervisor
( 616) 899-5501
Casnovia Township
Contact: Harold Pendall, Director Planning Supervisor
- 1982 - April, 1986
EDUCATION
B.S. Economics Central Michigan University,
Mount Pleasant, Michigan - December, 1976
J.D. Wayne State University
Detroit, Michigan - December, 1980 }.
PROFESSIONAL ASSOCIATIONS
State of Florida Bar Association, licensed 1982 - present
Environment & Land Use Section
Collier County Bar Association
American Bar Association
Township Association
Michigan Association of Property Tax Assessors
State Bar of Michigan Bar Association ( licensed 1980-
Present)
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PUBLICATIONS AND LECTURES
t Author - Michigan Open Meetings Act as Applied to Michigan
Townships - duties of elected officials
Presented to the Michigan Township Association
Western Michigan Region - May, 1984
Author - Municipal Responsibilities under National Labor
Relations Act
Presented in lecture to Michigan Township Association -
September, 1983; Western Michigan Region - November, 1983
Author - Municipal Taxation of Otherwise Tax Exempt Properties
Under Act 189 - MCL 211.181 (2)(b)
Presented to Michigan Township Association Annual Convention -
February, 1985 Detroit, Michigan; Township attorneys elected
officials.
Authored over 50 zoning and land use and regulation ordinances
for various Michigan municipalities.
OTHER RELEVANT EXPERIENCE
Muskegon County Road Commission - 1973-1975 ( Summers-Engineering
Department)
Performed bridge surveys; density inspections, etc.
Isabella County Engineering & Parks and Recreation - 1975-1978
Supervised survey crew and worked as draftsman for design and
layout of parks and drainage areas.
ORGANIZATIONS
Leader of team captains for Collier County Y.M.C.A. Fundraising
Drive for 1988.
REFERENCES
Bernard Turner, President Walden University
210 Mooringline Drive
Naples, Florida 33940
261-7227
Darrell Ward
Vice President Commercial Loans
Citizens & Southern Bank
691 Fifth Avenue South
Naples, Florida 33940
262-7121
Jerry Berry
President Collier County Bar Association
', 5801 Pelican Bay Boulevard
Suite 405
Naples, Florida 33963
598-3800
R. Bruce Anderson
Former County Attorney
801 Laurel Oak Drive .
Suite 300
Naples, Florida 33963
597-2814
Other References Available Upon Request.
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Mr and Mrs AndrewJ. Hendricks
782 105th Ave N.
Naples, FL 33963
. 813-597-4749
October 8, 1988
Nancy Israelson ' n
Board of Collier County Commissioners
3301 U.S.41 East ()CI- 1 ! 1988
Naples, FL 33962
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•Sd C.-)u r�r a f`.
Mrs. Israelson,
Please find my enclosed presentation of
qualifications to serve the Board of Collier County Comm-
issioners on their Parks and Recreation Advisory Committee.
I 'm certain that you will find my lack of any conflicts of
interest, my desire to serve the public, my committment to
Collier County, and my youthful work habits and energy an
assett that will fulfill your vacancy. Please do not hesitate
O -to ;contact me with any questions , during the day at 262-5599
or after hours at 597-4749 .
Sincerely,
� l
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cc:
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Arnold Glass ✓
Anne Goodnight Andrew J. Hendricks
Burt Saunders
Max Hasse
•
1
ANDREW JAMES HENDRICKS
PRESENTATION OF QUALIFICATIONS
782 105th Avenue, North
Jam•. Naples, Florida 33963
PROFESSIONAL OBJECTIVE To assist the Board of County Commission-
ers in an advisory capacity on the Parks and Recreation
Board. To continue to nurture the relationship I have with
the present and newly elected commissioners as a liason
between government and the private sector. Park acquisition;'
development and programs all must serve the present and
future needs and above all must be fiscally sound and
managed.
SUMMARY OF QUALIFICATIONS A dedicated sales and management
. professional with a solid background of achievement. As a
seasoned ideaman dedicated to the success of projects, I
have been particularly effective in making professional
management decisions and in increasing overall sales and
O "profits. My background is solid in implementing policy
and working with fellow management. I feel strongly that
nothing in my past,_ present or future would serve as a
conflict of interest in this assignment.
PROFESSIONAL HISTORY
12-85 to Present Sales/Design - Gene' s Fifth Avenue Florist,
Inc - Commercial Division, 1076 Fifth Avenue, South, Naples,
Florida 33940 . ( 813 ) 262-5599 . Responsible for direct
sales of design, set-up and visual merchandising in coor-
dination with convention representatives and resorts
including: Chase Manhattan, Citicorp, Virginia Life,
Consolidated Capital, The NFL, Executive Life of Arizona,
Clinique Labs, Massachusetts Mutual, RJR Nabisco, BMW,
General Tire and others. Resorts include: The Ritz Carlton,
Hilton, Marco Marriott, Viscount and others. Also respon-
sible for buying, inventory ( spoilage) , billing, collections,
pricing, quality controls, payroll and sche-
complaints, p g► q ...
sche-
duling in the day-to-day operation of this corporation.
ANDREW JAMES HENDRICKS PRESENTATION OF QUALIFICATIONS
782 105th Avenue, North Page 2
Naples, Florida 33963
12-84 to 12-85 Property Manager - Professional Condominium
Management Services, (Acquired by Marco Beach Realty) ,
Marco Island, Florida. Managed maintenance and rental of
various properties including site management of a 190 unit,
six-building condominium with maintenance and rental,
contracting and supervision.
EDUCATION University of South Florida, Tampa; 1981-1984 .
Lely High School, Naples, Florida (College- Prep) .
Real Estate School of Naples, Naples, Florida; 1985 .
• Dale Carnegie Institute of Training, Fort Myers, Florida;
1988 .
Or PERSONAL Married to Jane, Partner in the CPA firm of Wentzel,
Berry, Bartlett, Swope and Deupree, P.A. Date of birth,
March 13 , 1964 . Born in Allentown, Pennsylvania.
Served as University of South Florida spokesperson for the
Florida Public Interest Research Group.
Served as precinct chairman for three years on Marco Island,
Collier County Executive Committee.
Elected September of 1988 to serve Naples Park as precinct
105 chairman.
Member of the Naples Park Association.
Chairman of the Collier County Young Republicans. In my
short term thus far I have doubled the membership and
tripled the treasury.
Served in management or fundraising capacities in political
campaigns from Connie Mack to Skip Bafalis, Bob Martinez ,
Tom Gallager and more. -
REFERENCES AVAILABLE UPON REQUEST ,.
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Bd. (: unty C'on�mi:_sionerS
ihismoole fir✓'
Brenner-Morris
°� Counseling Services
October 6 , 1988
Mrs. Nancy Israelson
Board of County Commissioners
County Government Complex
Naples, Florida 33962
Dear Mrs. Israelson;
I would like to be considered for the position on the
Collier County Parks and Recreation Advisory Board.
Enclosed please find an abbreviated professional resume
and a resume of community involvement. Both my home and office
are located in Commission District 2 .
As a single parent of a young son I find that I have a great
interest and concern about our county parks and recreation
facilities . I believe that a good park system, such as we
are now developing, is an essential component of a growing
and healthy community. I would like to take an active role
in influencing the future of this community.
Thank you for your consideration. _
Sincerely,
t
1
Beverly Brenner-Morris
Home Address :
850 F - Meadowland Dr.
Naples 33963
598-2119
5051 Castello Drive • Suite 232 • Naples, Florida 33940 • (813) 434 2949 - _„-
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BEVERLY BRENNER-MORRIS
EDUCATION
1982 Louisiana State Uni,ve�t ty
Masten ob Ants - Counseti.ng 1980 Louis-c,a.na State Uni,veJus.cty
Bacheeor ai Ands - Psychoeagy _
COUNSELING EXPERIENCE
LP_ to present
Commurwty Menta.e Health Caunseeon Flo/Lida., on
M private practitioner, provided co uns e.t Lng s entices in Font Myer, F,eani., .
a pant-time basis. .I n 7/87, opened my own btu brie o 6 6icam,i-P.i in Naples, Fe genera-!'
Pnov.ide outpatient a env.icea to �.nd i.v.Ldua s, g p
psychotherapy with spec.catizat.cons in substance abuse and the treatment o6
ado.ees cents and couples.
9/82 to 7/87
Mental Heaeth Courts eon/Pneventi.on Education SpeciatisFean
At the David Lawrence Mental Health N .ees, ala, conducted counseling
no u and amie y therapy mo dalitLes,
with adolescents and adults in individual, g p b nioda2L
with 6ocus on substance abuse pn.ob!ems. Treated °then areas os dysiiunction
including pehsonae and 6am.iey adjustments, mental ami,P.Lps and t, emotLonat
about andohoe
pensonatity disondens. Educated Lndivdduats, and o s abo t atcohs.
and othen drugs, using audiovisual. and pnLnted mates bits
9/81 to 8/82
Counselor Intern
At the"Baton Rouge Mental Health Center, pnov,ided individual counseti.ng to out-
patient psychiat)t-LC. clients. Conducted worthshops on job search sU U with
job-heady c.ti.ents o ti diverse mental abilities and 41z,121. £eve2s.
At the Baton Rouge Women's Resource Center, pn.ovided individual caunseting to
bemaee clients with 6ocus on de6inLng/achLev.ing pehsonal adjustment goats.
At the Talbot Outpatient Center, Baton Rouge, provided substance abuse counseling
to chemicatey dependent adolescents and thei'c 6amiLLes.
-
8/80 to 9/81
Careen P.lanri Lng Ca uns eton
At the. Louisiana State Un,i.ve u�at-c-a n�h�va Jun-Lot Division,
na.l and pens o na.e�a c,i.a.2 can eduays
and groups in the cviceas a� ed ,
Admi.nistened and .interpreted standand,i.zed careen. test batteries.
TEACHING EXPERIENCE
Taught at Edison Corr/vanity Cott.ege as pant-time Lnstructon, ate/unit-ten-ay since 1/85.
Co-developed and co-presented a )our-hour wonhishop on Juvenile FLte,e.tti-n9 in 8/85.
MANAGEMENT EXPERIENCE •
Managed commercial pnopeJt Les in Baton Rouge, Louisiana, from 3/76 to 7/82.
LICENSURE
Licensed as FZonida Mental Health Courvseear since 6/85; License tl 1355.
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BEVERLY BRENNER-MORRIS
Resume of Community Involvement
Member, Board of Directors, Shelter for Abused Women of
Collier County.
Former Member, Board of Directors, Naples Informed 'Parents .
Advisor, Hi-Y Club, Naples High School.
Member, Board of Directors, Women' s Republican Club of Naples
Federated.
Member, Board of Directors, Collier County Young Republicans .
Member, Collier County Chamber of Commerce.
Member, Tiger Bay Club of Collier County.
(1.7 .
OCTOBER 3, 1988
der
TO WHOM IT MAY CONCERN,
I, LEON WILLIAMS WOULD LIKE TO SERVE ON THE PARK & RECREATION ADVISORY
COMMITTEE BOARD) I AM SUBMITTING A RESUME ALONG WITH THIS LETTER OF REQUEST.
I WOULD APPRECIATE VERY MUCH TO BE CONSIDERED FOR (1) ONE OF YOUR POSITIONS.
4
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THAYK YOU VERY 11MUCH,
&-e-CYA W
LEON WILLIAMS
LEON WILLIAMS
1211 S . 5TH . ST.
cs IMMOKALEE, FLORIDA
C813)657-2950
DESIRED POSITION: IMMOKALEE PARK 8 RECREATION ADVISORY COMMITTEE
BOARD
EDUCATION: IMMOKALEE HIGH SCHOOL, IMMOKALEE, FLORIDA
GRADUATED 1974 •
BETHUNE COOKMAN COLLEGE, DAYTONA BEACH, FLORIDA
GRADUATED 1977
CERTIFICATE: FLORIDA HEALTH & REHABILITATION SERVICES
EXPERIENCE:
1978-1981 FLORIDA FARMWORKERS COUNCIL WEATHER EVALUATOR
VISITING DIFFERENT HOMES IN THE COMMUNITY TO
DETERMINE WHAT WAS NEEDED TO REPAIR EACH HOME .
1981-1984 JESSIE' S DISCO LOUNGE
MANAGER
1984-1984 SUMMER YOUTH EMPLOYMENT COUNSELOR
TO DETERMINE QUALIFICATIONS OF CETA PARTICIPANTS
AND ELIGIBILITY FOR THE PROGRAM ALONG WITH COUNSELINi
PARTICIPANTS .
1984-1987 FLORIDA HEALTH & REHABILITATION SERVICE'S
TO DETERMINE IF WOMEN WITH CHILDCREN) ARE
ELIGIBLE TO RECIVE STATE ASSISTANCE .
1987- SELF EMPLOYED
LEON WILLIAMS LAWN SERVICE
PERSONAL : BORN: JUNE 12 , 1956
HEIGHT: 5 ' 11"
WEIGHT: 160 LBS .
(� MARRIED : 2 CHILDREN
INACTIVE MEMBER OF THE KAPPA ALPHA PSI FRATERNITY
OF AMERICA.
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MEMORANDUM
TO: Parks and Recreation Advisory Board
FROM: Murdo Smith, Acting Parks & Rec. Superintendent `c.
DATE: November 14 , 1988
RE: Rezone of Chatham Lake Development
Barbara Cacchione, Project Planner for Collier County will
present a proposed rezone of the Chatham Lake Development for
your review and recommendations.
For your assistance in reviewing this request we will give
some facts from the Comprehensive Plan.
As per the Collier County Comprehensive Plan and Standards of
the National Recreation and Parks Association, a neighborhood
park is an area for recreational activities such as, but not
limited to, field games, court games, crafts, playground
apparatus area, skating, picnicking, wading pools, etc.
The service area is 1/4 to 1/2 mile radius to serve a
population of up to 5, 000. Acreage of the park is 2 acres
per 1, 000 population. The park should be easily accessible
to the neighborhood by safe walking and bike access.
The Parks Department has reviewed the project and some
questions that arise that may assist you in your review are
the following:
1. Specific recreational facilities should be
identified. Facilities to be constructed are a
swimming pool, shuffle board courts and tennis
courts.
2 . Specifications for review of recreational
facilities to be constructed.
3 . What is the planned age group the facilities will
serve.
I hope that this memo will aid you in your review of the
project. If I can be of any further assistance, please
advise.
MS/bj/511
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MEMORANDUM ,t •- '. t_:' `;,-: L=D
TO: PARKS & RECREATION ADVISORY BOARD
FROM: BARBARA A. CACCHIONE, PROJECT PLANNER ; w_
DATE: NOVEMBER 9, 1988
RE: REVIEW OF NEIGHBORHOOD PARK FOR A PROPOSED REZONE KNOWN
AS CHATHAM LAKE. NOVEMBER 22 , 1988 - PARKS AND
RECREATION ADVISORY BOARD MEETING.
PETITION R-88-17C, McANLY & ASSOCIATES REPRESENTING
CHATHAM LAKE DEVELOPMENT CORPORATION REQUESTING A REZONE
FROM A-2 TO RMF-6 FOR 240 RESIDENTIAL MULTI-FAMILY
UNITS. THE PROJECT IS LOCATED ON THE EAST SIDE OF
COUNTY BARN ROAD APPROXIMATELY 3/4 OF A MILE NORTH OF
RATTLESNAKE-HAMMOCK ROAD IN SECTION 17 , TOWNSHIP 50
SOUTH„ RANGE 26 EAST, APPROXIMATELY 41 ACRES.
The Comprehensive Plan has a point rating system to determine
density, one item of the point rating system is a neighborhood
park with facilities. By providing a park on site to serve the
residents of that development, operated and maintained by the
developer, the project may receive 10 points. The point increase
raises the density level from 0-4 units per gross acre to 0-6
units per gross acre.
The petitioner is required to provide a neighborhood park with
facilities. The acreage required is based on the estimated
population of that development or a minimum of two acres whichever
is greater.
The Parks and Recreation Advisory Board will review the rezones
providing neighborhood parks with facilities to determine that the
park is well designed and includes appropriate facilities for the
size and capacity of the park and the population it is intended
to serve.
Attached please find the Section from the Comprehensive Plan
outlining the procedure for neighborhood parks and the proposed
site plan.
R-88-178C CHATHAM LAKE DEV. MEMO
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tss 8. Neighborhood Parks (e) (10 points possible)
10
Provision of a neighborhood park with facilities.
(f) points possible)
9. Affordable Housinpz
100% of project provides affordable 20
rental housing
ZCVi .50 DENSITY TABLE
DENSITY ALLOWED
IN URBAN AREA
POINTS SCORED (UNITS/ACRE)
90-100 Maximum permitted under
Zoning Ordinance
for requested
zoning category
85- 89 a maximum of 8
80- B4_--- II II 11 7
75-_79------ - -- IV „ 5
70-J-4— - 4
50- 59 II "
609 - __ __ it
- - - -
„ II It 3
2
40- 49 It II II 1
1 i, 30- 39 II �t .5
0- 29
Footnotes
a For reference a listing of developed community shopping centers
for which points may be awarded is available from the Planning/
Zoning Department. This listing will be updated as new
facilities are developed.
•
b Points will be awarded for access to arterial and collector
roadways that are listed in Table 2, Principle Roadway System
or described in Section II, C of the Transportation Element
and are existing or approved and funded in the five (5) year
work program. Where collectors and/or arterials do not exist
or currently operate at a level of service below "c", credit
may be given for such roadways provided the petitioner commits
to constructing the improvements necessary to provide level of
service "c" or better. The hee County Transportation Departmentt
would be determined by y
Rev.3
Rev.5
30
RATING SHEET FOR FINAL REVIEW OF
PETITIONS FOR REZONE FOR COMPLIANCE WITH
COMPREHENSIVE PLAN
Project Name: CHATHAM LAKE - R-88-17C
Project Location Sec. 17 Twp. 50S Rge. 26E Acreage 41
Name of Petitioner: Bill McAnly & Associates Phone:
Type of Development: Residential X
Non-Residential
Comprehensive Plan Future Land Use Designation URBAN
Point System For Determining Availability
Of Services And Facilities
Potential Points
Based On Commitments
Points Under In Petition For
Facility Existing Conditions Rezone
1. Proximity to Commercial* 10 10
10
2 . Access 15 15
3 . Water 15 15
4. Sewer 10 15
5. Fire 6 0
6. Public Schools*
7. PUD 10* 10*
8 . Neighborhood Parks* 10
9 . Affordable Housing*
10 . Other 76 76
Total
* Applies Only To Residential Projects
Maximum Density Range Permitted 0-6 units per gross acre
Meets Minimum Points Required For Non-Residential Projects
Comments : The Parks and Recreation Advisory Board will review the site
plan and facilities for the neighborhood park pending the meeting on
November 22 , 1988 . j
Signature of Rating Official ____L a. y-, • Date ✓d/ l 4-r
NOTE:
These results are based upon a final review of the rezone petition by
Planning Department. However, this document is not a commitment by
the County for project approval or a specific density level.
R-88-17C FINAL POINT RATING
l I
c. A developer may provide an assessment for the cost of fire
protection which may include land dedication for a fire station
site or a cash payment where capital facilities are necessary.
If the assessment is acceptable to the Fire District the
developer may be awarded 10 points. The assessment will be due
to the Fire District upon issuance ofthe first Certificate of
Occupancy.
d. A developer may opt to dedicate a site for a public school
to the County School Board or an equivalent cash donation
where capital improvements are incomplete at the school site
projected to serve the developer's site. If a developer
chooses one of these options, the proposed public school site
or donation would have to be approved by the County School
Board. If a developer chooses to dedicate a site or cash
equivalent to the County School Board and if the County School
Board accepts the site or cash equivalent only for a school
site, the developer may be awarded 8 points. In addition,
those projects with medical features such as life care facil-
ities, retirement communities with health care facilities
and adult congregate living facilities receive the full 15
points.
e. Points will be awarded if a developer provides in accordance
with this section a neighborhood park with recreational
facilities within a residential development. The park site I
must be identified on the development site plan and plat, if
appropriate. Assurance shall be given, in- the form of
subdivision deed restrictions, condominium declaration,
homeowners agreements, or maintenance agreements that the
neighborhood park and facilities shall be adequately
maintained.
The standard used for determining neighborhood park require-
ments is 2 acres of park with facilities per 1,000 population.
A residential development will be required to provide a
neighborhood park with facilities at the standard outlined
above based on the estimated population of the development or a
minimum of 2 acres, whichever is greater.
Rev.3
Rev.5
31
The procedure and critieria for determining required park acreage and
facilities is as follows:
Step 1: Estimated development population
Number of population estimated
dwelling units X per dwelling = development
in the development unit population
J ,.
Example: 500 2.5* 1,250
Step 2: Required park acreage
Development acres of acres of
population X facility = recreational
(expressed in needed per facility needed
thousands) 1,000 persons for the
development
Example: 1.25 2 2.5
The recreational facilities provided will be those facilities normally
associated with a neighborhood park such as but not limited to the
following: baseball field, basketball/volleyball court, children's
playgrounds, fitness station trails, football fields, neighborhood
pool, picnic pavilion, racquetball court, shuffleboard court, soccer
field, softball field, tennis court, tot lot and other active or passive
recreational facilities. Golf courses will not be considered a neighbor-
hood park recreational facility. The types and number of facilities will
be in scale with the size and function of the neighborhood park. The
Parks and Recreation Department has prepared a listing of recreational
facilities and county-wide standards for service based on population which
may be used as a guideline in determining the amount of facilities
required.
The Parks and Recreation Advisory Board will review rezones providing
neighborhood parks with facilities to determine that the park is well
designed and includes appropriate facilities for the size and capacity
of the park and the population it is intended to serve.
* 1980 Census - 2.5 persons per household
Rev.3
Rev.5
32
EXECUTIVE SUMMARY
RECOMMENDATION TO AWARD BID #88-1324 FOR COLLIER COUNTY PARKS
MAINTENANCE IN THE AMOUNT OF $51,317 .
Objective: To award Bid #88-1324 for Parks equipment in the
amount of $51, 317 to various vendors listed below.
Considerations: Sealed bids for one turf truckster, one 5
gang riding reel mower and 3 riding rotary mowers were opened
on November 2 , 1988 . Invitation to bid was submitted to
twenty three (23) vendors. The Parks and Recreation
Department has evaluated the bids and specifications of the
equipment and the recommendation is as follows: To award
three riding rotary mowers and one turf truckster to B & W
Golf Cars of Fort Myers, FL, in the amount of $34, 817 . To
award the one five gang riding reel mower to Lesco, Inc. of
Naples, FL, in the amount of $16, 500. A tabulation sheet is
attached. The recommendation of bids received is as follows:
ITEM VENDOR EACH TOTAL
1 Turf Truckster B & W Golf Cars* $ 7 , 907 $ 7, 907
1 5 gang riding reel Lesco, Inc. 16, 500 16, 500
mower
3 riding rotary mowers B & W Golf Cars 8 , 970 26,910
*Note: Turf truckster was bid for amount of $6, 707 . This
was not including the scarifier attachment. Attachment cost
is $1, 200 bringing the total amount to $7 , 907 .
The Parks and Recreation Advisory Board reviewed and approved
this recommendation by a to vote at their November
22 , 1988 meeting.
Fiscal Impact: Bid #88-1324 in the amount of $51, 317 is to
be paid from Fiscal Year 88/89 monies which are budgeted in
Account 001-156332-764990 for $42 , 410 and Account
111-156332-764990 in the amount of $8 , 970 Parks and Other
Properties.
Recommendation: Staff and PARAB recommend that Bid #88-1324
for one turf truckster and three riding rotary mowers be
awarded to B & W Golf Cars, Inc. of Fort Myers, FL, and one 5
Gang Riding Reel Mower be awarded to Lesco, Inc. of Naples,
FL.
Prepared by Date
Gary Franco, Acting Parks Superintendent
Reviewed by Date
Cliff Crawford, Parks and Recreation Director
Reviewed by Date
Steve Carnell, Purchasing Director
Reviewed by Date
Kevin O'Donnell, Public Services Administrator
MS/bj/512
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EXECUTIVE SUMMARY
RECOMMENDATION TO ENTER INTO CONTRACT WITH COLLIER COUNTY
SPORTS OFFICIALS ASSOCIATION FOR THE PURPOSE OF PROVIDING
SPORTS OFFICIALS FOR COUNTY SPONSORED ACTIVITIES
Objective: Recommendation to enter into contract with
Collier County Sports Officials Association for the purpose
of providing sports officials for County sponsored
activities.
Consideration: The Board of County Commissioners for the
past nine (9) years has entered into a contract with the
Collier County Sports Officials Association for the purpose
of providing adequate sports officiating for County sponsored
games. This contract simplifies the payment procedure and
the proposed agreement will facilitate the payment for
services based upon approved statements. The Contractor will
provide statements to the County Parks and Recreation
Department bi-weekly.
Fiscal Impact: Funds for this expenditure have been budgeted
in Accounts 001-156341-63990 and 111-156341-63990. Total
funds budgeted for officials for Fiscal Year 88/89 is
$34 , 000.
Recommendation: Staff and PARAB recommend the Board of
County Commissioners enter into a contract with Collier
County Sports Officials Association for the purpose of
providing sport officials for County sponsored activities.
Prepared by Date
Marilyn McGinty, Recreation Superintendent
Reviewed by Date
Cliff Crawford, Parks and Recreation Director
Reviewed by Date
Kevin O'Donnell, Public Services Administrator
bj/516
CONTRACT FOR SERVICES
This Contract entered into this 26 day of
October , 19" by and between the Board of County
Commissioners of Collier County, Florida, hereinafter referred
to as the "County", and the Collier Sports Officials Association
of Naples, Florida, hereinafter referred to as "CSOA". In
consideration of the covenants contained herein, the parties
hereto agree as follows:
SECTION I - The CSOA shall furnish officials for all
games of softball, flag football and basketball for the
following leagues run by the County: Youth flag football, youth
basketball, Men's softball, Women's softball, Boy's softball,
Girl's softball, and any Mixed Leagues run by the County in
Naples and Marco Island area.
SECTION II - The County shall pay CSOA for furnishing
officials the following rates payable as provided herein:
1. Men's One Pitch —$12.00 per game per official (per
nine innings) .
2. Men's Softball - $10.50 per game per official
3. Women's Softball - $9.00 per game per official
4. Boy's & Girl's Softball - $8.50 per game per official
5. Mixed League - $9.00 per game per official
6. Youth Flag football - $10.00 per game per official
7. Youth Basketball - $10.00 per game per official
SECTION III - The CSOA shall provide:
A. Officials for all games, minimum of two (2) officials
per game except for the Men's One Pitch. One official only for
Men's One Pitch.
B. A pre-season list of qualified officials for
consideration of the County shall be furnished before each
season or league.
SECTION IV - In the event of postponement or cancellation
of a scheduled contest covered herein, the County shall bear no
cost if the game official (s) or a Board Member of CSOA is
notified prior to game time.
1. If the game official (s) are not notified of
postponement or cancellation prior to arrival at the field for a
scheduled contest, the official(s) will be compensated for one
game even though no games are played.
2. In the event a contest which is underway is canceled
due to inclement weather, electrical outage, or circumstances
beyond County or CSOA control, official (s) will be paid for
games completed and any games underway at the time of
cancellation.
SECTION V - This Contract shall be in effect from _-__,
: through - Amendments to this Contract
shall be in writing and signed by both parties.
SECTION VI - CSOA shall render to the County a bi-weekly
statement, showing the number of games worked by its official.
The statement shall contain a certification by an official of
the CSOA that he has reviewed the statement and that the
information contained therein is true and correct. This
statement shall be mailed to :
Collier County Parks and Recreation Department
3300 Santa Barbara Boulevard
Naples, FL 33999
SECTION VII - It is expressly understood that CSOA
officials are independent contractors and not agents or
employees of Collier County and therefore not entitled to
benefits normally afforded employees of Collier County. This
provision is not intended to apply to any Collier County
employee who acts as a CSOA official.
SECTION VIII - All officials of CSOA that provide
services under this Contract shall maintain liability insurance
covering their acts, omissions, or negligence hereunder.
IN WITNESS WHEREOF, the parties hereto have executed this
Contract the date and year first above written.
•
•
w
ATTEST: BOARD OF COUNTY COMMISSIONERS
James C. Giles, Clerk COLLIER COUNTY, FLORIDA
BY:
BURT L. SAUNDERS, CHAIRMAN
ATTEST: COLLIER SPORT OFFICIALS
ASSOCIATION OF NAPLES, FLORIDA
I 'O,..//�W`r_ BY: T �L
ROSS BARTUCCIO, JR.
Executive President
Approved as to form
legal sufficiency:
David C. Weigel'
Assistant Coun Attorney
II 4110
•
i
4
ACTION LIST
TITLE ACTION
BLUEBILL BOAT RAMP BEING REVIEWED
LIGHTED BALL FIELD BCC APPROVED
GGCP FY88/89
NNCP FY89/90
PARK RANGERS ENFORCE BCC
ORDINANCES- SPECIAL ACT
CONSTRUCTION OF FACILITIES
ON COUNTY OWNED PROPERTY
BID 88-1308 TROPHIES
BIDS FOR ENCP ADVERTISED 11/7/88
CLOSING 12/2/88
WILLOW RUN PROPOSAL TO
ACQUISITION TCAN IBE FI-
NANCED. IF SO TO BRING
BACK TO BCC.
IMPACT FEE ORDINANCE BCC - CONTINUED TO
12/13/88
LELY BAREFOOT BEACH CONTINUED 11/15/88
DEED PARKING LOT
NAPLES CAY - 25 PARKING BCC APPROVED 11/15/88
PLACES
DREDGING WIGGINS PASS 50/50 PRIVATE DONATIONS
& FBIP - WITHOUT
PRIVATE DONATIONS
PROJECT DOES NOT
PROCEED
CHANGING NAME OF LAKE BCC APPROVED 11/15/88
AT LEIGH PLUMMER PARK CHANGE OF NAME
TO CALUSA LAKE
RENEWAL CAXAMBAS PARK BCC APPROVED 11/15/88
CONCESSION
431
EXECUTIVE SUMMARY
RECOMMENDATION TO ACCEPT A PERPETUAL, NON-EXCLUSIVE INGRESS AND EGRESS
EASEMENT AND A PERPETUAL, NON-EXCLUSIVE PARKING EASEMENT AND TO ENTER
INTO AN AGREEMENT WITH NAPLES CAY MASTER ASSOCIATION, INC. AS TO
CONSTRUCIION, OPERATION AND MAINTENANCE OF A PUBLIC BEACH ACCESS AND
PARKING AREA WITHIN THE NAPLES CAY DEVELOPMENT.
OBJECTIVE: To accept the subject easements for the purpose of
providing beach access and parking to the public and enter into an
Agreement to insure construction, operation and maintenance of same.
CONSIDERATION: A settlement between Collier County and Naples Cay
Development Corporation as recorded in OR Book 986, Page 1984
stipulated that a 25 space public beach parking area be provided within
the Naples Cay Development. The Naples Cay Master Association, Inc. is
"hereby granting the subject easements to Collier County to provide
public beach access and parking in accordance with said settlement.
All required construction, operation and maintenance is setforth in an
attachment to the subject easement documents and is designated as
Exhibit "C".
FISCAL IMPACT: None; the Owner is responsible for all construction,
operation and maintenance.
RECOMMENDATION: That the Board of County Commissioners accept the
subject easements, enter into an Agreement with Naples Cay Master
Association, Inc. for construction, operation and maintenance of the
public beach access and parking area and authorize execution and
recording of said documents.
/ _ 1�, 9. ��
PREPARED BY: - . E. .-r DATE:
Assistant Public Works Administrator
REVIEWED BY: G. F. Archibald, P.E. DA'Z'E: 91.-/a.,
Administrator/County Engineer
PUBLIC WORKS DIVISION
GFA:HEH:ws
November 8, 1988
cc: David C. Weigel AG .
R. Bruce Anderson No.
NOV 1 l 038
A G R E E M E N T
THIS AGREEMENT, made and entered into this '-V day
of bo •cy-.ne"-. , 1988, by and between NAPLES CAY
MASTER ASSOCIATION, INC. , (hereinafter referred to as the
"Owner") , and the BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLORIDA, (hereinafter referred to as the "County") .
W I T N E S S E T H :
WHEREAS, the Owner is the Homeowner Association for. Naples
Cay duly organized and authorized to conduct business in the
State of Florida and conduct business for common areas of Naples
Cay; and
WHEREAS, the Owner and the County are subject to a stipu-
lated settlement of Case No. 81-1443-CA-01 between Collier County
and Naples Cay Development Corporation, such stipulation recorded
in O.R. Book 986, Page 1984 and, thereupon, desire to establish
and maintain a 25 space public beach parking area; and
WHEREAS, due to the proximity of residential uses of the
Owner and unrelated third parties, the County and the Owner agree
that such a public parking area warrants thoughtful location and
operation relative to existing beach access easements.
NOW, THEREFORE, in consideration of the promises and mutual
covenants hereinafter contained, the County and the Owner hereby
covenant each to the other to implement the project with the
terms and provisions hereinafter contained.
SECTION I: DESCRIPTION AND LOCATION OF PROJECT
The parking lot shall include 25 spaces as specifically
shown on drawing file No. D-463 as prepared by Wilson,
Miller, Barton, Soil & Peek, Inc. The legal descrip-
tion is more particularly described by the "Legal
Descriptions of Lands" an furnished on Title Commitment
Number 995107 prepared by Attorneys' Title. This loca-
tion is generally the southwest corner of the Naples
Cay parcel directly adjacent to existing Gulf Shore
Boulevard right-of-way and the beach easement available
to parking lot uses.
SECTION II: TERMS
The term of. this Agreement shall he in perpetuity un-
less terminated by the County in the event the public
parking is found not to he in the public interest.
SECTION III: OWNER RESPONSIBILITIES
1. The Owner shall assume all costs and activities
directly and indirectly associated with design,
permitting, construction and construction
administration of the project.
2. All improvements shall he constructed to County
standards as shown on drawing file No. 0-463
prepared by Wilson, Miller, Barton, Soll & Peek,
Inc. and approved by Collier County.
3. The Owner shall operate and maintain the parking
area as further defined in Section V hereof.
SECTION 'IV: COUNTY RESPONSIBILITIES
The County's sole responsibility will be acceptance of
the parking area and maintenance as further defined in
Section V hereof.
Exhibit "C"
Page 1 of 4
•
•
•
III
SECTION V: PARKING AREA OPERATIONS AND MAINTENANCE
1. The Owner shall he responsible to open, operate and
close the parking area, pursuant to County policy
and standards. The Owner shall not restrict public •
vehicular traffic into the designated parking area
unless it is at capacity. 111I t
2. The Owner shall provide signage' at the Seagate
Drive access point clearly indicating "public
parking area available". The County 'shall provide
signage at the parking area.
3. The access point on Seagate Drive will be private
property for the use of owners and quests only and
public parking in the designated area. The Owner
shall provide 24 hour security or limit access to
ensure no public access during hours of closure.
Any entry from the Culfshor.e Boulevard access point
shall be restricted solely to Maples Cay residents
and quests, not for public parking.
4. The Owner shall he responsible for any and all
repair, replacement, or reconstruction of the park-
ing area or fence and vegetation buffer occasioned
by repair, destruction or improvements concerning
utilities placement on or under these specified
areas. The parking area shall he maintained by the
Owner, however, the County reserves the right to
maintain the improvements at the Owner's expense in
the event the Owner's efforts are not satisfactory.
Should the County have to repair, maintain or re-
construct the parking area because of the Owner's
failure to do so, in addition to other remedies,
the County shall have the r.ielit to place a lien and
foreclose on the parking lot if the Owner fails to
reimburse the County for such repair, maintenance
or reconstruction expenses within sixty (60) days
written notice from the County requesting reim-
bursement. In the event the parking area is
unusable for any period of time, the Owner shall
provide equivalent alternate public parking in an
adjacent or otherwise nearby improved parking area
on the Naples Cay property.
5. The public parking area shall he opened at dawn and
closed at dusk or at such hours as may otherwise he
he established by the County. The County reserves
the right to install parking meters in the public
parking area and shall he solely responsible for
all maintenance, repair and reconstruction
associated therewith.
6. All public access to the beach from the parking
• area shall he limited to the directly adjacent
beach easement and a vegetation and fence buffer
shall be constructed by the Owner to assure privacy
to adjacent third party residents.
7. It is acknowledged that time is of the essence
concerning the Owner's obligations as set forth in
this Agreement.
SECTION VI: MISCELLANEOUS COVENANTS
1. The County and the Owner shall maintain insurance
at no less than the minimum amounts and types
required by Florida law. • •
Exhibit "C"
Page 2 of 4
2. The County shall indemnify the Owner for any
damages arising from any third party litigation
relating to the public parking area unless the
Owner is found by a court of law to he negligent.
3. The improvements subject to approval by the County
shall he completed prior to initial occupancy
within the Naples Cay property or by January 1, •
1989, whichever occurs earlier.
4. This Agreement shall he governed by and constructed
under the laws of the State of. Florida. In the
event any litigation is instituted by way of
construction or enforcement of this Agreement, the
prevailing party shall be entitled to collect and
recover all court costs and other expenses includ-
ing reasonable attorney's fees.
5. This Agreement contains the entire understanding
between the parties and any modifications to this
Agreement shall he reduced to writing and signed by
the parties hereto.
6. This Agreement shall he binding upon the successors
and assigns of the parties hereto.
IN WITNESS WBEREOF, the parties hereto have caused this
Agreement to be executed by their appropriate officials, as of
the date first above written.
AS TO THE COUNTY: BOARD OP COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Attest: .
JAMES C. GILES, Clerk
By:
Burt L. Saunders, Chairman
AS TO THE DEVELOPER: NAPLES CAY MASTER
ASSOCIATION, INC.
SIGNED, SEALED AND DELIVERED
I THE PRESRNCF. OF: 7�1
W k SS: By:
Douglas Speir -Smith
�i, � I •La President
0 , k. lb Attest:_1,L, i . .
Se[.1Ati
Exhibit "C"
Page 3 of 4
1111 .
i ...... .�..__._ __�
. i
STATE OF FLORIDA
COUNTY OF COLLIER
BEFORE ME, the undersigned authority, this day personally
appeared DOUGLAS H. SPEIRN-SMITH, to me well known and known to
me to be President of the corporation named id the foregoing
Agreement, and he acknowledged to and before me that he executes
said Agreement on behalf of and in the name of said corporation,
that he is duly authorized by said corporation to execute said
Agreement and that said Agreement is the free act and deed of
said corporation.
IN WITNESS WHEREOF, A have hereunto set my hand and affixed
my official seal this 5C% day of NOVL4rytP•a- , 1988.
g 6 VM
Nota Pu is
My Commission Expires:
NOTARY PUBLIC.STATE or f1.OrII)n.
MY COMMISSION EXPIRES:JAN. 18. 1902.
BONDED fl* AA ♦PU•LJC U"O•NWtlftO•.
Approved as to form and
legal sufficiency:
David C. Weigel
Assistant County Attorney
•
•
Exhibit "C" •
Page 4 of 4
EXECUTIVE SUMMARY
RECOMMENDATION TO CONSIDER VARIOUS OPTIONS RELATIVE
TO THE DREDGING OF WIGGINS PASS .
OBJECTIVE: To consider the various legal issues and
budgetary considerations surrounding Wiggins Pass Dredging
financing options.
CONSIDERATION: In October 1988 , the Board of County
Commissioners directed staff to derive some options
regarding the dredging of Wiggins Pass. Attached is a
memorandum outlining pertinent legal/equity issues and
budgetary considerations relative to possible financing
options.
The options presented are the result of several
discussions among the County Manager's office, Budget
Department, and Public Works.
FISCAL IMPACT: Cost estimates for the dredging of Wiggins
Pass range from $150, 000 to $250, 000. Even with some type
of cost splitting between the County and private sector
the fiscal impact is substantial . It is also important to
consider that dredging is not a "one-time" activity but
requires on-going maintenance.
RECOMMENDATION: That the Board of Commissioners consider
each option along with the attending legal/equity issues
and give direction to staff as to hich options to pursue.
PREPARED BY:
Brian- H. MacKenz: -A
Assistant To Ti ounty Manager
APPROVED: r', / % /rJ
W. Neil Dorril,i,
CQunty Manager
BHM:dc
AG
VIM
Or
M E M O R A N D U M•
COLJ1 T :3: :.;,U'!NG
TO: Neil Dorrill, County Manager ACT _ 6j�
FROM: Commissioner John A. Pistor lN.G:
RE: Lake at Leigh Plummer Park - Marco Islan Fi!.F: ._ o,-
S1 i'i
DATE: October 31 , 1988 BY:
The Marco Island Garden Club has called and asked me if they could
name the lake at Leigh Plummer Park, Calusa Lake, in honor of the
Calusa Indians.
They will write you a letter regarding this request, but I would
like this item definitely placed on the Board agenda of November
15th, for discussion and approval .
, d6i1L4h. t4f
Joh Pistor
JAP:ni •
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AGEit
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RENEWAL OF CAXAMBAS PARK
BOAT RAMP CONCESSION AGREEMENT
This RENEWAL OF CAXAMBAS PARK BOAT RAMP CONCESSION AGREEMENT
made this day of November, 1988, by and between Collier
County, a political subdivision of the State of Florida, acting by
and through its Board of County Commissioners, hereinafter called
"COUNTY" and MARCO RIVER MARINA, CORP. , whose address is 951 Bald
Eagle Drive, Marco Island, Florida 33937, hereinafter referred to
as "CONCESSIONAIRE".
W I T N E S S E T H:
WHEREAS, the COUNTY and CONCESSIONAIRE have previously
entered into a certain Caxambas Park Boat Ramp Concession
Agreement dated December 13, 1983; and
WHEREAS, the COUNTY and CONCESSIONAIRE further entered into a
certain Amendment to Concession Agreement dated September 3, 1985,
amending said Concession Agreement between these same parties
dated December 13, 1983; and
WHEREAS, the duration term of said December 13, 1983
Concession Agreement, as amended, shall expire in December, - 1988;
and
WHEREAS, the December 13, 1983, Concession Agreement, as
amended, provides the CONCESSIONAIRE the option to renew said
Agreement for a five (5) year term under the same terms and
conditions, subject to minor renegotiation with limitations
thereof; and
WHEREAS, CONCESSIONAIRE desires to renew the herein-
referenced Concession Agreement pursuant to the terms and •
conditions therein stated and as provided hereby.
NOW, THEREFORE, in consideration of the covenants and
agreements provided within the said Caxambas Park Boat Ramp
Concession Agreement dated December 13, 1983, and the Amendment to
Concession Agreement dated September 3, 1985, and those further
stated herein, the parties hereto restate herein those terms,
obligations and conditions of said Concession Agreement, as
amended, that shall apply to a renewal of said Concession
Agreement, and renew, supplement and amend such Agreement as
follows:
1. The COUNTY hereby grants to the CONCESSIONAIRE, and the
CONCESSIONAIRE hereby accepts from the COUNTY, the right to
operate a public boat ramp, concession stand, and supervise,
operate and maintain the entire park facility, except for
those items specifically delineated in Paragraph 4A of this
Agreement, in that area known as "Caxambas Park", Marco
Island, Florida, as shown on Exhibit "A" (attached hereto and
incorporated herein by reference) . The term "approval by the
County" used throughout this Agreement shall mean written
approval by the County Manager or his designee, made in
advance and based on detailed drawings and specifications.
2. RENEWAL, TERM
The renewal term of this Agreement shall commence on December
13, 1988, and shall continue for a period of five (5) years,
terminating December 31,_ 1993, subject to the conditions
delineated in this Agreement.
3. • FACILITIES
The CONCESSIONAIRE hereby agrees to furnish the following
facilities and services:
A. CONCESSIONAIRE will supply a land-based mobile trailer
large enough to properly display and sell products
provided by the CONCESSIONAIRE as approved by the COUNTY
in Exhibit "C" of this Agreement. The specifications
for the mobile trailer shall be acceptable to the
County.
B. The primary concern is that adequate facilities are
available to the boaters using the launching facilities
and that the activities of the CONCESSIONAIRE or those
primarily using his facilities will not interfere with
public use of the COUNTY'S facilities. The
CONCESSIONAIRE shall be solely responsible for obtaining
all Federal, State and Local Governmental approvals.
C. The CONCESSIONAIRE shall provide at least two concrete
2
bait tanks with a circulating pump, that will be used
to store live bait, including shrimp and pinfish in
season.
D. The CONCESSIONAIRE shall make available to the site of
the concession a land based mobile trailer and shall be
responsible for connection to existing utilities for
this trailer.
E. The CONCESSIONAIRE shall furnish all consumable supplies
to be used in the rostrum facility.
F. The CONCESSIONAIRE shall be responsible for garbage
pick-up and removal. The CONCESSIONAIRE is responsible
for collecting, bagging and placing garbage in the
containers, and having them removed from the premises.
G. The CONCESSIONAIRE shall furnish a 10,000 gallon fuel
tank, with pump, located underground as per Exhibit "B"
which is a part of this Agreement. Specifications for
the tank to be provided by the County.
H. All facilities, improvements, or signs, to be provided
by the CONCESSIONAIRE must meet with all regulations of
the County and State and be approved by the COUNTY prior
to construction.
I. The CONCESSIONAIRE shall be responsible for all costs in
the maintenance of improvements he has installed or
shall install until such time as this Renewal of
Caxambas Park Boat Ramp Concession Agreement is
terminated.
4 J. The CONCESSIONAIRE shall provide one six (6) foot high
fence around the concession area for added security.
0
K. The CONCESSIONAIRE shall construct at CONCESSIONAIRE'S
4 sole expense a four (4) foot by fifty (50) foot dock
along the sea wall west of the launch ramp.
L. The CONCESSIONAIRE shall construct at CONCESSIONAIRE'S
i sole expense an additional twenty (20) foot floating
dock to each of the present floating docks.
4. COUNTY TO FURNISH
A. The COUNTY shall continue maintenance responsibility for
3
major principal capital items, these being the sea walls,
parking lot paving, fence and gates, and existing light
poles.
B. The COUNTY will be responsible for providing. a restroom
facility, approximately 20' x 18' , which is compatible
with the existing surroundings.
C. The COUNTY will be responsible for hook-up to the Marco
Island Utility System.
D. The COUNTY will be responsible for installation of a
sprinkler system.
5. OWNERSHIP OF FACILITIES
It is hereby provided that the COUNTY shall be the ultimate
owner of those facilities furnished by the CONCESSIONAIRE
upon expiration or termination of this Agreement, except for
the land based mobile trailer and bait tanks which the COUNTY
will have the option to purchase. The price to be paid by
COUNTY to CONCESSIONAIRE for the trailer and bait tanks shall
be the original cost of each, less an amount for depreciation
calculated to be 10% per year from the date of installation.
CONCESSIONAIRE will provide a Bill of Sale and Affidavit of
No Liens for said property if sold to COUNTY.
6. SAFETY OF FACILITIES
Since the land based mobile trailer will be a temporary
structure in a flood zone, the CONCESSIONAIRE must provide
the County Planning Department with a written plan acceptable
as of the date of this Renewal Agreement for the removal of
such facility in the event of a hurricane warning. The
trailer, stationary docks, restrooms, and cleaning tables
must be firmly anchored at all other times pursuant to
building permit regulations.
7. PRODUCTS SOLD
The CONCESSIONAIRE shall be required and permitted to sell
only those items approved by the COUNTY. The COUNTY'S
approval will not be unreasonably withheld, but the COUNTY is
the final approving authority in all instances. The
CONCESSIONAIRE hereby agrees to sell those boating, marine
4
and nautical products customarily sold by South Florida
marinas, except beer and alcoholic beverages. The land based
mobile trailer's external appearance and decor will be
completely compatible with the park environment and will be
subject to approval by the County.
A. Rental Equipment: No more than two rental boats
(motorboats or sailboats) , the style of which must be
COUNTY approved, will be made available on the site.
Additional rental boats would have to be justified by the
CONCESSIONAIRE and approved by the County. Motor boats
will be new hulls with 35-90 HP engines. Rental boat
hulls will be replaced by the CONCESSIONAIRE no less than
every 3 years and the motors at least annually.
8. HOURS OF OPERATION The concession stand shall open at 7:00
AM and close at 6:00 PM, seven days a week throughout the
year, unless otherwise agreed with the County. During
inclement weather, the CONCESSIONAIRE shall use his own
judgment regarding closing the concession. At least one
person shall be on duty during all hours of concession
operation. Additional persons may be made available during
peak business times as deemed necessary by the
CONCESSIONAIRE.
9. SERVICES AND DUTIES
The CONCESSIONAIRE agrees that operation and maintenance of
the park and concession stand is to be handled by trained
personnel, with emphasis on safety and maintaining the
facility in a neat and orderly fashion. The CONCESSIONAIRE
hereby agrees to perform the following duties:
A. The CONCESSIONAIRE will accept responsibility for
overseeing the use of the park.
B. CONCESSIONAIRE will qualify customers and give
instructions on operating any rental equipment.
C. CONCESSIONAIRE will perform the duty of keeping the
washroom facilities clean and tidy at all times and lock
those facilities at the end of each day. CONCESSIONAIRE
is also responsible for the daily cleaning of all areas
5
of the park property and for disposal of accumulated
refuse utilizing collection and storage containers to be
provided by the CONCESSIONAIRE.
D. CONCESSIONAIRE is responsible for overseeing general use
of the boat ramp and parking lots and reporting all
violations to authorities. The CONCESSIONAIRE will
cooperate with Collier County personnel to make the
entire park area as secure as possible during the hours
when the concession is not in operation.
E. CONCESSIONAIRE will provide a high intensity light
installed over the concession area for additional
protection at night.
F. CONCESSIONAIRE will be responsible for payment of all
utility bills, (including, but not limited to water,
sewerage, electricity, telephone) , except for those
existing parking lot lights and water meter account
number 1-09-019-04-065-01-9.
G. CONCESSIONAIRE shall also be solely responsible for
payment of any and all taxes levied on the concession
operation, including as required under Section 212.031,
Florida Statutes.
10. PERMITS AND TAXES
CONCESSIONAIRE must secure and/or be responsible for all
required Federal, State, and local taxes and permits to
construct and operate such a concession including, but not
limited to, all necessary health permits, occupational
licenses, building permits, sales taxes, boat licenses,
submerged land rental fees (State) , if any, and personal
property taxes.
11. INSURANCE
Before commencing work of any kind, the CONCESSIONAIRE shall
procure the following insurance with insurance companies
licensed in the State of Florida, and shall file a
Certificate of Insurance with the Collier County Fiscal
Office:
A. Worker's Compensation - As required by Florida Law;
6
B. General Liability - (Including Contractual Liability)
Bodily Injury, Personal Injury - $500,000 each occurrence
and aggregate; Property Damage - $500,000 each occurrence
and aggregate.
Collier County will be included as an "Additional Insured" on
all liability policies. All Certificates of Insurance shall
provide that coverages under the policies will not be allowed
to expire, be canceled or changed without thirty (30) days
prior written notice to the Collier County Fiscal Office
through Certified Mail, Return Receipt Requested, to be
provided by the insurance carrier.
12. INDEMNIFICATION
The CONCESSIONAIRE agrees to protect, defend, indemnify and
hold the COUNTY of Collier and its officers, employees and
agents free and harmless from and against any and all losses,
penalties, damages, settlements, costs, charges, professional
fees or other expenses or liabilities of every kind and
character arising out of or relating to any and all claims,
liens, demands, obligations, actions, proceedings or causes
of action of every kind and character in connection with or
arising directly or indirectly out of this agreement and/or
the performance hereof. Without limiting the generality of
the foregoing, any and all such claims, etc. , relating to
personal injury, death, damage to ,property, defects in
materials or workmanship, actual or alleged infringement of
any patent, trademark, copyright (or application of any
thereof) or of any other tangible or intangible personal or
property right, or any actual or alleged violation of any
applicable statute, ordinance, administrative order, rule or
regulation, or decree of any court, shall be included in the
indemnity hereunder. The CONCESSIONAIRE further agrees to
investigate, handle, respond to, provide defense for and
defend any such claims, etc. , at his sole expense and agrees
to bear all other costs and expenses related thereto, even if
it (claims, etc.) is groundless, false or fraudulent. The
County shall have the right to select counsel of its choosing
7
in defending any such action.
13. CONDITIONS
The parties expressly agree that no part or parcel of land,
equipment or space is leased to the CONCESSIONAIRE, that he
is the CONCESSIONAIRE and not a lessee, that the
CONCESSIONAIRE's right to operate the concession shall
continue only so long as the concession operation complies
with the terms and conditions of this Agreement; and nothing
in this Agreement shall be construed as creating a
partnership between the COUNTY and the CONCESSIONAIRE or
constituting the CONCESSIONAIRE as the agent of the COUNTY.
14. SOLE CORPORATION
MARCO RIVER MARINA, CORP. hereby expressly acknowledges that
it shall operate as a sole corporation and that it will not
form a partnership with any other corporation or entity. The
CONCESSIONAIRE'S right and interest in fixed facilities as
set forth in this Agreement shall not be assigned, pledged,
hypothecated, or transferred or encumbered in any manner
without the prior written consent of the COUNTY, which
consent may not be unreasonably withheld.
15. NO GLASS
No glass containers may be utilized in any sales made by the
CONCESSIONAIRE and the CONCESSIONAIRE further recognizes that
the sale, consumption or possession of alcoholic beverages on
the Caxambas Park property is illegal and nothing in this
Agreement shall be deemed to grant to the CONCESSIONAIRE the
privilege of possessing, selling, or consuming alcoholic
beverages on the Caxambas Park property.
16. CONSIDERATION
During the five-year term of this renewal the percentage of
total gross revenue derived from CONCESSIONAIRE'S operations
hereunder to be paid to COUNTY by CONCESSIONAIRE shall be as
follows:
Fuel Sales: 5%
Launching Fees: 100%
All other revenues from operations 10%
Interim payments of such percentage shall be made quarterly
(within ten (10) working days at the end of calendar
8
(
quarter) , subject to annual review, audit and adjustment as
provided herein upon review of the annual certified audit.
"Total gross revenue" is defined for purposes of this
Agreement as being the sum of the actual gross revenues
received from the operation of Concessions, (i.e. , gas, food,
drinks and bait sales, and rentals) operated by the
CONCESSIONAIRE within the Park.
The COUNTY also requires that a launching fee of $1.25
(or such other amount as may hereafter be established by the
Board of County Commissioners) per vessel be collected by the
Concessionaire; 100% of such fee shall be returned to the
County in the same manner as the % of gross revenue.
The final annual sum due (less interim quarterly
payments) and payable to COUNTY from the CONCESSIONAIRE as
determined herein shall be paid to COUNTY along with the
submittal of an annual certified audit of the concession
operations no later than November 15th of every calendar year
of this Agreement beginning November 15th of the year that
the CONCESSIONAIRE opens the concession. All sums paid
pursuant to this Agreement shall be paid in lawful money of
the United States of America by corporate check, money order,
certified or cashier's check, or cash at the office of the
County at: Collier County Government Complex, E. Tamiami
Trail, Naples, Florida 33962, or at such other place as may
hereafter be designated in writing by the COUNTY.
The COUNTY may, during normal business hours and upon ten
(10) days written notice to CONCESSIONAIRE, inspect
CONCESSIONAIRE'S books and records for the purpose of
clarifying any statements submitted.
COUNTY shall have the right to make unannounced inspection of
CONCESSIONAIRE'S business activities under this Agreement,
including books and records at the concession facilities
during normal business hours, to ensure compliance with this
Agreement. COUNTY shall perform said unannounced inspections
in such a way as not to interfere with or hamper •
CONCESSIONAIRE'S business activities.
9
17. APPROVED SITE PLAN
A preliminary site plan is attached and made a part of this
agreement (see Attachment "B") . Appropriate permits will be
required with detailed plans and specifications as necessary,
approved by issuance of all necessary permits, prior to
actual construction of specific facilities.
18. NOTICE OF FAILURE TO COMPLY
If the CONCESSIONAIRE fails to comply with any provisions of
this Agreement, the COUNTY may give the CONCESSIONAIRE
written notice that it has fifteen (15) days to cure. If the
CONCESSIONAIRE fails to comply within fifteen (15) days after
receipt of notice, the COUNTY reserves the right to terminate
this Agreement by written notice.
19. LIEN; REMOVAL OF PROPERTY AND FIXTURES
The parties agree that the COUNTY shall have a continuing
lien on all personal property or ground fixtures of the
CONCESSIONAIRE on the COUNTY Caxambas Park property, for all
sums which may, from time to time, become due and unpaid to
the COUNTY under this Agreement and upon default of payment
by the CONCESSIONAIRE, the COUNTY shall have the right to
take possession of and retain same until the full amount due
shall be paid. Should the CONCESSIONAIRE be in substantial
non-compliance with the terms of this Agreement and the Board
of County Commissioners finds the Concessionaire to be in
breach of this Renewal Agreement as a result thereof, the
fixed assets being provided to become the property of the
COUNTY upon the expiration of this Agreement shall revert to
the ownership of the COUNTY.
Upon termination of this Agreement either through expiration
or default, and provided the COUNTY chooses to not exercise
its right to purchase such, the CONCESSIONAIRE shall be
responsible for removal of the trailer, bait tanks and rental
boats at the end of the term of this Agreement. If the
CONCESSIONAIRE does not remove such structures within fifteen
(15) days after the termination of the Agreement, the COUNTY
shall have the right to remove the structures. If the COUNTY
10
removes the structures under such circumstances, the cost of
4:m; such removal shall be chargeable to the CONCESSIONAIRE. If
such cost is not paid, the COUNTY may enforce the lien hereby
granted, or take any other legal remedy available.
20. CONTRACT MANAGER
The Contract Manager for the COUNTY shall be the Public
Services Administrator or his designee.
21. ADDRESS
All notices required or permitted hereunder and all monies
payable hereunder shall be to the Board of County
Commissioners at the Collier County Courthouse, Naples,
Collier County, Florida, and to the CONCESSIONAIRE at his
address first above stated.
IN WITNESS WHEREOF, the parties hereto have executed this
RENEWAL OF CAXAMBAS PARK BOAT RAMP CONCESSION AGREEMENT the
day and year first above written.
DATE: BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ATTEST:
JAMES C. GILES, CLERK BY:
BURT L. SAUNDERS, CHAIRMAN
Signed, sealed and delivered
in the presence of: /,/ /�
DONALD L. CLARK, PRES DENT
MARCO RIVER MARINA, CORP.
Approved as to form and legality:
David C. Weigel
Assistant County Attorney
STATE OF FLORIDA )
ss.
COUNTY OF COLLIER)
BEFORE ME personally appeared DONALD L. CLARK, to me well
known and known to me to be the person described in and who
executed the foregoing instrument, and acknowledged to and
before me that Donald L. Clark executed said instrument for
the purposes herein expressed.
WITNESS my hand and official seal this 9th day of
November, 1988.
yzr
NOTARY PUBLIC STATE FLORIDA Notary P�iblic
My Commission Expires: nv CcX'v'15slcN EXP SOT 28,1992
nr,MCED i}1U GENERAL INS UND.