PARAB Agenda 10/23/1996 PARKS AND RECREATION ADVISORY BOARD
AGENDA
October 23, 1996
East Naples Community Park
3500 Thomasson Drive, Naples, Florida
The Parks and Recreation Advisory Board meeting will be held Wednesday,
October 23, 1996 2:00 p.m. at the East Naples Community Park, 3500 Thomasson
Drive, Naples, Florida.
I. CALL TO ORDER:
II. PLEDGE OF ALLEGIANCE TO THE FLAG:
III. INVOCATION:
Section Page
IV. APPROVAL OF MINUTES, September 25, 1996 meeting (A) 1-4
V. NEW BUSINESS/PRESENTATIONS
1. Frisbee Disc Golf - Dale Schwegel (B) 5
VI. REQUESTS FOR DISCUSSION - SPECIFIC UPDATE ITEM
1. Sugden Regional Park Master Plan
2. International Fire Works
3. School Board Transportation Agreement (school bus)
4. Gulf Coast Skimmers Rules & Regulations Update
VII. REPORTS/UPDATES:
1. Monthly Report (September) (C) 6-13
2. Green Space Update
3. Tennis Fees Update (D) 14-18
4. Dogs in the Park Update
5. Parks Adoption Report (E) 19
6. PARAB Schedule (E) 20
COLLIER COUNTY
PARKS & RECREATION ADVISORY BOARD
REQUEST FOR PRESENTATION TO BE PLACED ON AGENDA
ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST SUBMIT A SUMMARY
OF PRESENTATION PRIOR TO SPEAKING.
REQUEST FOR ITEM TO BE PLACED ON PARAB AGENDA MUST BE SUBMITTED IN
WRITING TO THE BOARD AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING.
ALL PUBLIC SPEAKERS WILL BE LIMITED TO TEN (10) MINUTES UNLESS
PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN.
NAME OF SPEAKER: . 4-4T
DATE: /t152
SUBJECT:
ds..r/04-,*lv f) � - B
PURPOSE: / - Ji�iL� "Qz>
SUMMARY OF PRESENTATION
w,., 4- /Z et-6 C.Gt-L 2 6721- _
If additional space is needed please use blank sheet.
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COLLIER COUNTY PARKS AND RECREATION DEPMENT
MONTHLY REPORT SUMMARY
Se�te.7nber 19 96
RECREATION SECTION
CURRENT YEAR
MTD YTD PRIO�YEAR
MTD YTD
Facility Users 327,846
User Hours 3,853,994 250,198
85,711 1,527,298 3,093,648
Games 139,91 1,562,404
Soeciat Events 87 3,256
497 35,177 64 4,158
car Count 124 261 d59
1,448,196 33, 08
Revenue 90,862 1,174,172
Revenue vendino 39195,085 1,325,001
4,693 120'943 915,464
,966 56
3,222
26,6
NEIGHBORHOOD/SCHOOL PARKS
Users
32,800 360,800
29,600 355,200
REGIONAL PARKS
CURRENT
PRIOR YEARA
MTD YTD
MTD YTD
Car Count _
Beach Users 27,212 563,415
65,307 1,348,485 635,944 751,767
Park sites visited 86,25
Personal Contacts ,249 1 r 139 12,583 -171-07-----1,587,237
6,x59 10711,
Interpretive Projects 6,095 503
Boat Launch Car Count 2 60 78'998
Boat Launch Users 17,796 326,957 - 66
42,707 784,919 27'07 467,912
64,9/5 951,048
Revenues - Concessions
4,693 39,966
Permits 6,993 102, /
Launch Fees 5
1 000 4,715
Parking 29 618
431 373 85e 9,652
PARKS SECTION
NUMBER 0=S
NUM5 a OF SITES
CURRENT
PRIOR YEAR
CURRENT YEAR
MTD YTD MTD PRIOR YEAR
YTD MTD
School Sites Y=D MTD
n� CQ YTD
Regional Parks 5 0 50 8 8
Neighborhood Parks nl > > 701 10 10
6 36 16 16 16 16
Community Park 36 10 10
a 425 392 392 15 15 10 10
14 14
12or,3 U;er; - 2.4 car coup: (6/1/ 3)
P==Jfation 393,600
(C) 6
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III
RECREATION SECTION MONTHLY REPORT
SEPTEMBER 1996
I. COLLIER COUNTY VI. VETERANS COMMUNITY PARK
AQUATIC FACILITY
Programs/Classes 131 Programs/Classes
Facility Users 6X 852 217
Instructional Hours 131 Facility Users 19,417
User Hours Instructional Hours 164
14,078 User Hours
Revenue 11,459 3,481
Special Events Revenue 12,481
0 Special Event 0
Vehicle Count 7,625
II. EAST NAPLES VII. VINEYARDS COMMUNITY PARK
COMMUNITY PARK
Programs/Classes 144 Programs/Classes
Facility User 39, 781 679
Instructional Hours 87 Facility Users 42 679
User Hours Instructional Hours 279
2,639 User Hours 13,132
Revenue 2,426
Special Events Revenue 8,990
0 Special Events 250
Vehicle Count 16, 324 Vehicle Count
16,703
III. FRANK HACKLE VIII. GOLDEN GATE FITNESS CENTER
COMMUNITY PARK
Programs/Classes 54
Facility Users 16,633 Program/Classes 0
Instructional Hours 37 Facility Users 1,853
User Hours Instructional Hours 0
4, 635 User Hours
Revenue 2,029 1,853
Special Events Revenue 10,078
0 Special Events 0
Vehicle Count 6,000 Vehicle Count GGCP 35,510
IV. IMMOKALEE COMMUNITY PARK IX. IMMOKALEE REC/POOL COMPLEX
Program/Classes 32 Program/Classes
Facility Users 53,183 9
Instructional Hours 80 Facility Users 36,390
User HcInstructional Hours 17.5
10,132 User Hours 14,021
Revenue 2,072
Special Events Revenue 4, 689
0 Special Events 420
Vehicle Count 21, 150 Vehicle Count
12,420
V. GOLDEN GATE COMMUNITY CENTER
X. RACQUET CENTER
Program/Classes 102 Program/Classes
Facility Users 19� 167 16
Instructional Hours 97 Facility Users 1 616
User Hours Instructional Hours 69
10,379 User Hours 2,898
Revenue 5,590
Special Events Revenue 6, 830
0 Special Events 77
Vehicle Count 6,500 Vehicle Count -
15348
(C) 8
III
RACQUET CENTER REVENUE REPORT
FY YTD FY
122.2A 93/94 94 95 94T95 95D Y96 95T
OCTOBER -1-9-
6
6,046 6,046 5,371
5,371 6, 173 6, 173
NOVEMBER 7,948 13, 944
8,595 13, 966 12, 327
DECEMBER 18,500
8, 140 22, 134 6,722 20,688
5,418 23, 918
JANUARY 9,609 31, 743
10,432 31, 120 10,001 33,919
FEBRUARY 7,438 39, 181
8,176 39,296 9,719
43, 638
MARCH 4,597 43, 778
6, 121 45,417 5,796
49,434
APRIL 4,605 48,383
5,016 50,433 6,587
56,021
MAY 2, 936 51, 319
4,328 54, 761 3,817
59,838
JUNE 3, 652 54, 971
3,918 58,679 2, 158
61, 996
JULY 3,206 58, 177
3,321 62,000 3, 990
65,986
AUGUST 2,435 60, 612
2, 945 64, 945 4,546
70,532
SEPTEMBER 3,098 63, 710
4, 182 69, 127 6, 830
77,362
15350
(C) 9
To: Skip Camp, � 'ng Parks & Recreation Departmel�irector
From: Mary Ellen Donner, Aquatic & Fitness Center Supervisor
Date: Oct 1, 1996
Re: Pool & Fitness Revenue Report
FY YTD FY YTD FY
93/94 93/94 94/95 94/95 YTD
95/96 95/96
OCTOBER Pool $3,664. $3,664. $4,232.
Fitness Na Na $4,232. $3,262. $3,262.
Totals Na Na n/a n/a
$3,262. $3,262.
NOVEMBER Pool $1,999. $5,663. $3,679.
Fitness Na n/a $7,911. $2,978. $6,240.
Totals n/a Na $4,447. $4,447.
$7,425. $10,687.
DECEMBER Pool $1,238. $6,901. $3,139.
Fitness Na Na $11,050. $1,294. $7,534.
Totals Na Na $2,845. $7,292.
$4,139. $14,826.
JANUARY Po6I $2,116. $9,017. $3,872.
Fitness Na Na $14'922' $2,878. $10,412.
Totals Na Na $7,714. $15,006.
$10,592. $25,418.
FEBRUARY Pool $3,988. $13,005. $3,815.
Fitness Na Na $18,737• $4,603. $15,015.
Totals Na Na $4,082. $19,088.
$8,685. $34,103.
MARCH Pool $6,316. $19,321. $10,309.
Fitness n/a $29,046. $6,675. $21,690.
Totals n/a Na Na $3,760. $22,848.
$10,435. $44,538.
APRIL Pool $10,219. $29,540. $12,851.
Fitness Na Na $41'897' $11,312. $33,002.
Totals Na Na $5,204. $28,052.
$16,516. $61,054.
MAY Pool $12,125. $41,665. $16,846.
Fitness Na Na $58,743. $15,256. $48,258.
Totals Na Na $4,030. $32,082.
$19,286. $80,340.
JUNE Pool $19,806. $61,471. $19,396. $78,139.
Fitness Na Na $20,540. $68,798.
Totals Na Na $3,318. $35,400.
$23,858. $104,198.
JULY Pool $13,827. $75,298. $12,936.
Fitness Na Na $91,075. $18,424. $87,222.
Totals Na Na $5,181. $40,581.
$23,605. $127,803.
AUGUST Pool $10,466. $85,764.
$11,664. $102,739. $17,195. $104,416.
Fitness n/a n/a n/a Na
Totals $4,833. $45,414.
$22,028. $149,830.
SEPT Pool $7,186. $92,950.
$8,704. $111,443. $11,459. $115,875.
Fitness n/a n/a Na Na
Totals $10,078. $55,492.
$21,537. $171,367.
Should you have any questions, please contact me.
(c) 10
Athletic Section 1�lonthi Report
Month: SeotednberYear 1996
I. Activi
iv. Instruction Hours
890 Athletics 17
Tennis 12
II. Facility Users Total 29
182 V. Games
ATHLETICS 0
Ath letics GGCP ENCP VCP GGCP 43
VCP 44
0
Youth Soccer ENCP
Men's softball 34
Totals
Roy Hobbs 1,165 1,800 87
Golf Clinic(adult) 90 VI. Special Events
Employees Golf 4
4
Youth T Ball 48
47
Tennis
(youth) 0 9
Tennis (adult) 0
0 Tennis (Golden Years) 50 18 0
AAU Baseball 41 100 VII. Monthly Highlights
Practices 180 180
1.980 _
September 4 Woman's Softball Mtg.
182 2,228 0 512
September 7 Flag Football Mtg.
September 10 Youth Coalition Mtg.
September 11 Men's 35 over Mtg.
September 12 Fee Policy Mtg.
September 17 Flag Fotball Coaches
September 18 Woman's Softball Mtg.
September 19 Cheerleading Coaches Mtg.
September 24 Food Grant Sponsor Audit
III. Revenue Section
VII. Traffic Count
$27,178.00
Front 29,265
Back 6.245
Facility User Hours 35,510
Athletic GGCP
232.00 5,115 ENCP VCP
0 2,810.00 Totals
8,157.25
(C) 11
A
PARK RANGER PROGRAM
MONTHLY REPORTIII
SEPTEMBER
MONTH 1996
YEAR
ADMINISTRATION: Routine administrative, evaluations, schedulin.
FIELD OPERATIONS: Routine •atrol, enforced Ordinances, assisted park visitors,
collection of monies, bank de..sits, BCC •acket deliveries, maintained restrooms
at beaches, trash & debris •icku• on beaches, parking lots, maintained mounted
•atrol, count vehicles. Beach vendor ins•ections done. Exotic removal at
Tigertail Beach, exotic removal prep at Barefoot Preserve.
BEACH & WATER
SITES CAR COUNT
USERS REVENUE
Beach
Beach Facilities Month
YTD Month YTD
Month YTD
Barefoot Beach Access 2, 165 72,759
Barefoot Preserve 5,510 5,196 174, 621 775 24,285
Clam Pass Park 109, 995 13,224 263, 986 4,965 118,475
Clam Pass Park 3, 849 87, 142 9,237 209,139 2,606 48,066
Vanderbilt Beach
9,019 174,951 21,645 419,881 '
3,500 59,603 8,85043 176,425
No. Gulfshore 1,090 8,400 143,045 1, 143 28,372
South Marco 27, 973 2,616 64, 970
2,079 30,992 4,989 54 8612
Vanderbilt Meters 72,843 1,456 22,524
1, 310 12,365
Totals 27,212
563,415 65,307 1, 348,485 21, 159 431,373
Citation Revenue (#Citations x
$10.00)
170 22,410
Boat Launch Facilities:
Meter Revenue
Bayview Park 3,064
SR 951 77,484 7,353 186,200
2, 949 32,004 7,077 1, 172 9,345
Caxambas 2, 857 76,808
Lake Trafford 56,240 6,856 134, 972
Cocohatchee River Park 43� 89 g 64,128 9,568
97,101 11,853 153, 9040
233,035 180 9,104
Totals 17, 796
326, 957 42, 707 784, 919 1,352 18,449
*Users = car count x 2.4
PARK SITES VISITED
Month PERSONAL CONTACTS INTERPRETIVE PROJECTS
YTD Month YTD
Month YTD
1, 139 12,583 6,459 107,249
2 60
COMMENTS: Midni•ht Basketball, Teen Night at Immokalee Aquatic Center, Bay
Da s Coastal Clean Up. Barefoot Beach Preserve -
Clam Pass. oco - ►an•er•1 :eac ,
5933
(C) 12
411
COLLIER COUNTY PARKS AND RECREATION
PARK MAINTENANCE
MONTHLY REPORT
September 19 96
Park Maintenance Operations: Continue all daily maintenance functions at all
County park and waterfront facilities. Golden Gate Community Park soccer
field closed for re-sodding and repairs.
PARKS MAINTAINED # OF ACRES
# OF SITES MTD YTD
School Sites 44
Regional & Water Orientated 701 8 70144 8 44 8
Neighborhood Parks 1036 1636 10 70 1
360
Community Parks 10
425 15 36 1
425 15 425 155
''Gulf Coast Little League transferred from Neighborhood Park to Communit Park
Jane's Scenic Drive added 1/95 - 12 miles, 142 acres y
East Naples Neighborhood Park added 5/95
So. Naples Community Park (Hubschman/Bathey property) added 11/95
Lake Avalon (Sugden Regional Park) added 8/95
Special Projects:
Description: RFP for Vanderbilt Beach concession complete. RFP for beach
lockers complete. Sugden Regional Park proceeding on schedule. Work Order
to be presented October 1 for Racquet Center renovations on Marco. East
Naples skateboard facility RFP proceeding through Purchasing.
Park Supervision: A roximatel 450,000 of revenue enerated b FY 95/96,
Beach .arkin• .ro.ram. Desi•n of new beach and boat stickers underway.
Gulfcoast Community Park construction project proceeding on schedule.
4050/8/96
(C) 13
4
411
EXECUTIVE SUMMARY
RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS ADOPT A
RESOLUTION TO AMEND THE COLLIER COUNTY PARKS AND RECREATION
FACILITIES LICENSE AND FEE POLICY NO. 96-364
Objective: To have the Board of County Commissioners adopt the
attached Resolution to amend the County's fee policy regarding fees
at the Collier County Racquet Center and Pelican Bay Tennis
Facility.
Considerations: The Board of County Commissioners previously
adopted Resolution No. 96-364 on August 13, 1996 establishing Park
and Recreation Fees and Charges for Fiscal Year 96/97. The Parks
and Recreation Department recommends amending the fees in specific
areas and sections as they relate to the Collier County Racquet
Center and the Pelican Bay Tennis Facility. This Amendment is
based on public response to the $2 . 50 court fee. At the September
25, 1996 Parks and Recreation Advisory Board meeting, a discussion
took place regarding this fee. The public expressed their concerns
about the amount of the fee increase; the fee would more than
double the cost of the Annual Permit members for non-league
players.
The amendment deletes the $2 .50 court fee for Permit Holders (non-
League) at the Collier County Racquet Center and establishes Permit
fees at the Pelican Bay Tennis Facility.
In Section IV, page 7, subsection 1.2 of the Policy:
Delete: "Permit Holder Court Fee (non-League) $2 .50/1. 5 hour. "
Add: Annual Permits at the Pelican Bay Tennis Facility: The fees
are as follows:
Juniors:
$50. 00 no court fee
Sincrle:
Gold $375 no court fee
Silver $175 w/$2 . 50 court fee per 1. 5 hours
Co_ uple:
Gold $575 no court fee
Silver $250 w/$2 . 50 court fee per 1. 5 hours
Family•
Gold $675 no court fee
Silver $325 w/$2 . 50 court fee per 1. 5 hours
Fiscal Impact: The budgeted revenue is anticipated to be
approximately $10, 000 less than budgeted. The permit fee revenue
at the Pelican Bay Tennis Facility will remain the same as
budgeted.
Growth Management: None
(D) 14
4
Recommendation: That the Board of County Commissioners amend the
Parks and Recreation Fee Policy.
Prepared by —I' 6'
Murdo Smith, Parks and Recreation Operations Manager
Reviewed by -``
Skip Camp, Acting Dire tor Parks and Recreations l0 E
Reviewed by
Thomas W. 011iff, Public Services Administratore______—"
17547
(D) 15
0
• Collier County may co-sponsor one time per year a special event for Collier County
recognized leagues to raise funds for a legitimate purpose.
I. Collier County Tennis Facilities
1. Court Fees (fees exclusive of sales tax) Per Person
Adult/Junior Tennis $6.00/ 1.5 hour
Indoor Racquetball $6.00/ 1.5 hour
Lights $5.00/ 1.5 hour
2. Annual Permit Fees (fees exclusive of sales tax)
Annual Permit, Junior $50.00
Annual Permit, Adult $175.00
Annual Permit, Couple $250.00
Annual Permit, Family $325.00
Permit Holder Court Fees (Non-League) $2.50/ 1.5 hour
• Permits sold to Collier County Residents only.
3. Equipment Rental (fees exclusive of sales tax)
Racquets $2.00/ 1.5 hour
Ball Hopper $2.00/ 1.5 hour
Ball Machine $8.00/ 1.5 hour
Room Rental - Based on County Fee Policy
4. Instruction Fees (fees exclusive of sales tax)
Private (1 hour) $40.00
Private (1/2 hour) $25.00
Adult Group $40.00/participant
Jr. Tennis Class $40.00/participant
• Instructional fees include a $5.00 marketing fee.
5. Programs and Special Events
Fees determined by formula: minimum 10% over cost.
6. Retail Sales Fees
Retail Sales items standardly marked up 50% - 100% depending on local market prices
and industry standards. The minimum mark up is 50% and the maximum mark up is
175%. Merchandise in inventory more than two years or damaged merchandised may
be priced below the minimum 50% mark up.
(D) 16
vorusimmisimmusin
RESOLUTION NO. 96-
RESOLUTION AMENDING THE COLLIER
COUNTY PARKS AND RECREATION
FACILITIES AND OUTDOOR AREAS LICENSE
AND FEE POLICY
WHEREAS, the Director of the Collier County Parks and Recreation
Department has recommended to the Board that the following changes be made to
the Collier County Parks and Recreation Facilities and Outdoor Areas License and
Fee Policy as that Policy was adopted by the Board on August 13, 1996, by
adoption of Resolution No. 96-364; and
WHEREAS, the Board accepts the recommendations of the Director.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
1. The Collier County Parks and Recreation Facilities and Outdoor
Areas License and Fee Policy is amended only as follows:
In SECTION IV, at page 7, Subsection I. 2 of the Policy:
DELETE: "Permit Holder Court Fees (Non-League) $2.50/1.5 hour."
ADD: "Annual Permits at the Pelican Bay Tennis Facility:
Junior $50.00 No Court Fee
Single Gold $375 No Court Fee
Silver $175 w/$2.50 Court Fee per 1.5 hours
Couple Gold $575 No Court Fee
Silver $250 w/$2.50 Court Fee per 1.5 hours
Family Gold $675 No Court Fee
Silver $325 w/$2.50 Court Fee per 1.5 hours
(D) 17
This Resolution adopted on the dayof
1996 after
motion, second and majority vote in favor of adoption.
ATTEST:
DWIGHT E.BROCK,CLERK BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY,FLORIDA.
BY: BY:
DEPUTY CLERK JOHN C.NORRIS,CHAIRMAN
Approved as to form and
legal sufficiency:
Al r. (AL
Thomas C.Palmer
Assistant County Attorney
h:Veso l u ti ons\park feesamen d-tcp
(D) 18
PARKS ADOPTION
August 22, 1996
TIM BLACKFORD: a. Veterans Community Park Need a Report
b. Clam Pass Community Park Need a Report
10/23/96
6/25/97
*************: a. Immokalee Community Park Need a Report
b. Immokalee Recreation/Pool Need a Report
*******
MAX HASSE: a. Golden Gate Community Park Need a Report
b. Golden Gate Community Ctr. Need a Report
c. Max A. Hasse Jr. , Community Need a Report
2/26/97
GIL MUELLER: a. Frank Mackle Community Park Need a Report by
b. Tigertail Beach Need a Report by
c. Collier County Racquet Ctr. Need a Report by
3/26/97
GAYLE L. STAN: a. Cocohatchee River Park Need a Report by
b. Lely Barefoot Beach Need a Report by
11/27/96
4/23/97
ELAINE WICKS: a. Vineyards Community Park Need a Report by
b. Bayview Community Park Need a Report by
12/18/96
5/28/97
JOSEPH ZAKS: a. Pelican Bay Community Park Need a Report by
b. East Naples Community Park Need a Report by
1/22/97
AVAILABLE PARKS a. Sugden Regional Park Status by Staff
b. South Naples Community Park " II
NOTE:
* TO PARAB MEMBERS: PLEASE REPORT ACCORDING TO DATE
(E) 19
PARAB MEETING SCHEDULE
FOR 1996
******
****
**
*
1. October 23, 1996 meeting scheduled at East Naples Community
Park, at 2:00 p.m.
2. November 27, 1996 meeting Scheduled at Golden Gate Community
Park, at 2:00 p.m.
* 3. December 18, 1996 meeting scheduled at Golden Gate Community
Park, at 2:00 p.m. (Christmas Party)
4. January 22, 1997 meeting schedled Max Hasse Jr. , Community
Park, at 2:00 p.m.
NOTE:
Meetings date can be changed due to any County holidays observed.
PARAB members will be notify 2 weeks prior to meeting dates for any
unforeseen circumstances.
** MEANS A DATE OR A LOCATION HAS BEEN CHANGE.
(E) 20
Ali
1996 Parks&Recreation Survey Addendum JX, Page 1
Demographic Data
Age of Responders
41
Under 25 25-34 35-44 45-54 55-64 Over 65 NA Total
Zip Code Area
East/South Collier 1 2 4 6 9 15 1 38
Immokalee 0 1 1 1 1 1 0 5
City of Naples 1 1 5 6 12 23 6 54
Goodlette-Frank, Davis 0 7 12 14 8 30 1 72
Golden Gate& Estates 0 7 29 21 15 28 3 103
East Naples 0 1 4 1 10 29 1 46
North Naples 0 0 4 6 11 22 0 43
Total: All Zips 2 19 59 55 66 148 12 361
Percent: 0.05 5.2 16.3 15.2 18.2 40.9 3.3 99.2
Note:Percentages will not always add to 100 percent because of rounding considerations.
Household Tenure
Pre- '70 '70-74 '75-79 `80-84 '85-89 `90-95 NA Total
Zip Code Area
East/South Collier 2 3 0 7 13 12 1 38
Immokalee 3 0 0 0 0 2 0 5
City of Naples 9 10 3 10 11 10 1 54
Goodlette-Frank, Davis 4 5 4 11 19 29 0 72
Golden Gate& Estates 6 9 3 21 29 35 0 103
East Naples 1 3 3 10 15 14 0 46
North Naples 2 9 1 7 10 14 0 43
Total: All Zips 27 39 14 66 97 116 2 361
Percent: 7.5 10.8 3.9 18.3 26.9 32.1 .05 99.6
1996 Parks&Recreation Survey Addendum IX,Page 2
Number of Household Members by Age
0-4 5-9 10-14 15-24 25-34 35-44 45-54 55+ Total
Zip Code Area
East/South Collier 3 6 4 5 2 11 10 6 47
Immokalee 1 3 2 3 4 8 14 4 39
City of Naples 2 3 1 3 3 8 14 68 102
Goodlette-Frank, Davis 9 8 12 16 22 25 26 76 194
Golden Gate & Estates 16 19 23 20 3 73 44 93 291
East Naples 0 3 2 1 3 7 3 74 93
North Naples 2 0 2 10 8 5 12 64 103
Total: All Zips 33 42 46 58 45 137 123 385 869
Percent: 3.8 4.8 5.3 6.7 5.2 15.7 14.2 44.3 100.0
Employment
Full-Time Part-Time Retired Homemaker NA Total
Zip Code Area
East/South Collier 14 4 18 1 1 38
Immokalee 2 2 1 0 0 5
City of Naples 14 7 30 2 1 54
Goodlette-Frank, Davis 30 8 30 4 0 72
Golden Gate& Estates 52 6 38 7 0 103
East Naples 11 2 33 0 0 46
North Naples 12 3 27 1 0 43
Total: All Zips 135 32 177 15 2 361
Percent: 37.4 8.9 49.0 4.2 0.06 99.8
1996 Parks&Recreation Survey Addendum IX Page 3
Education
Voc. Prof. Postqrad. Colleqe High Sch.Grade Sch. NA Total
Zip Code Area
East/South Collier 1 5 1 22 7 0 2 38
lmmokalee 0 0 1 2 2 0 0 5
City of Naples 2 1 13 22 15 0 1 54
Goodlette-Frank, Davis 2 4 14 37 14 1 0 72
Golden Gate City& Estates 2 6 19 37 35 2 2 103
East Naples 2 2 6 19 17 0 0 46
North Naples 0 0 7 25 10 1 0 43
Total: All Zips 9 18 61 164 100 4 5 361
Percent: 2.5 5.0 16.9 45.4 27.7 1.1 1.4 100.0
Travel Time to Nearest Park
Minutes 1-5 6-10 11-15 16-30 30+ DK/NA Total
Zip Code Area
East/South Collier 7 20 2 3 4 2 38
lmmokalee 4 1 0 0 0 0 5
City of Naples 13 15 9 6 3 8 54
Goodlette-Frank, Davis 18 24 18 8 3 1 72
Golden Gate City, Estates 17 24 32 26 1 3 103
East Naples 6 14 10 12 1 3 46
North Naples 14 13 7 4 0 5 43
Total: All Zips 79 111 78 59 12 22 361
Percent: 21.9 30.7 21.6 16.3 3.3 6.1 99.9
e
1996 Parks Er Recreation Survey Addendum IX Page 4
Annual Residency of Responders
Year Around Part-time Total
Zip Code Area
East/South Collier 29 9 38
Immokalee 5 0 5
City of Naples 42 12 54
Goodlette-Frank, Davis 60 12 72
Golden Gate City& Estates 94 9 103
East Naples 32 14 46
North Naples 35 8 43
Total: All Zips 297 64 361
Percent: 82.0 18.0 100.0
NOTE:For the number of respondents residing in Collier County by month, by zip code area, please see
accompanying computer print-out pages.
Registered Voter Not Registered Total
Zip Code Area
East/South Collier 36 2 38
Immokalee 4 1 5
City of Naples 52 2 54
Goodlette-Frank, Davis 72 0 72
Golden Gate City& Estates 101 2 103
East Naples 46 0 46
North Naples 42 1 43
Total: All Zips 353 8 361
Percent: 97.8 2.2 100.0
Respondent Believes They are a Resident of the City of Naples
Resident Non-Resident Total
Zip Code Area
East/South Collier 2 36 38
Immokalee 0 5 5
City of Naples 43 11 54
Goodlette-Frank, Davis 9 63 72
Golden Gate City& Estates 5 98 103
East Naples 5 41 46
North Naples 4 39 43
Total: All Zips 68 293 361
Percent: 18.8 81.2 100.0
Note:To conclude the survey,the respondent was asked to check whether they were a resident of the City of
Naples[Question IX-10]. I f checked,the tabulator recorded the response. A reasonable correlation might be made
concerning some responders' inability to discern which are city, county, state, and national parks in Collier County.
011
EXECUTIVE SUMMARY
RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS ADOPT A
RESOLUTION TO AMEND THE COLLIER COUNTY PARKS AND RECREATION
FACILITIES LICENSE AND FEE POLICY NO. 96-364
Objective: To have the Board of County Commissioners adopt the
attached Resolution to amend the County's fee policy regarding fees
at the Collier County Racquet Center and Pelican Bay Tennis
Facility.
Considerations: The Board of County Commissioners previously
adopted Resolution No. 96-364 on August 13, 1996 establishing Park
and Recreation Fees and Charges for Fiscal Year 96/97 . The Parks
and Recreation Department wishes to amend the fees in specific
areas and sections as pertaining to the Collier County Racquet
Center and the Pelican Bay Tennis Facility.
The amendment deletes the $2 . 50 court fee for Permit Holders (non-
League) and establishes Permit fees at the Pelican Bay Tennis
Facility.
In Section IV, page 7, subsection 1. 2 of the Policy:
Delete: "Permit Holder Court Fee (non-League) $2 . 50/1. 5 hour. "
Add: Annual Permits at the Pelican Bay Tennis Facility: The fees
are as follows:
Juniors:
$50. 00 no court fee
Single:
Gold $375 no court fee
Silver $175 w/$2 . 50 court fee per 1. 5 hours
Couple:
Gold $575 no court fee
silver $250 w/$2 . 50 court fee per 1. 5 hours
Family:
Gold $675 no court fee
Silver $325 w/$2 . 50 court fee per 1. 5 hours
Fiscal Impact: A reduction in the revenue generated with the
deletion of the $2 . 50 court fee is estimated at approximately
$10, 000. The permit fee revenue at the Pelican Bay Tennis Facility
will remain the same.
Growth Management: None
Recommendation: That the Board of County Commissioners amend the
Parks and Recreation Fee Policy.
Prepared by Date
Murdo Smith, Parks and Recreation Operations Manager
Reviewed by Date
Skip Camp, Acting Director Parks and Recreation
Reviewed by Date
Thomas W. 011iff, Public Services Administrator
17547
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Ask Transmit Confirmation Rep rt
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Transmitter COLLIER CNTY PRIRKSREC
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If you have any questions, please call (813) 353-0404, or Fax (813) 353-1002
3300 Santa Barbara Blvd., Naples, Florida 33999
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Lease //_
LEASE AGREEMENT r
THIS LEASE AGREEMENT entered into this u' day ofe4'.., :;7- 1995, between
Gulf Coast Skimmers Water Ski Show, Inc. , whose mailing atdress is 4002 Cindy
Avenue, Naples, Florida 33962, hereinafter referred to as "LESSEE", and COLLIER
COUNTY, a political subdivision of the State of Florida, whose mailing address is
3301 East Tamiami Trail, Naples, Florida 33962, hereinafter referred to as
"LESSOR
WITNESSETH •
In consideration of the mutual covenants contained herein, and other
valuable consideration, the parties agree as follows:
ARTICLE 1. Demised Premises
LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the
property described in Exhibit "A" which is attached hereto and made a part of
this Lease, hereinafter called the "Demised Premises", situated in the County of -
Collier and the State of Florida, for the sole purpose of operating a water ski
program for youths. The Demised Premises shall consist of utilization of the
entire lake known as Lake Avalon ("Lake") during show times, and approximately
one half (1/2) of the Lake during practice times and approximately three (3)
acres of land which will accommodate bleachers, covered grandstand, concession
stands, boat storage, maintenance building and docks and other related
facilities. The construction of the aforementioned improvements will be the sole
responsibility and cost of the LESSEE. If the entire Lake should be required by
LESSEE, LESSEE shall obtain prior written approval from LESSOR.
ARTICLE 2. Term of Lease d -6
LESSEE shall have and hold the Demised Premises for a term of thirty (30) Ceps ;►� 4
years commencing upon Collier County's fee simple title ownership and possession -7-13 if 9
of the property now known as Lake Avalon and ending thirty (30) years from that
date. LESSEE is granted the option, provided it is not in default of any of the
terms of this lease, to renew same for two (2) additional terms of thirty (30)
years each, under the same terms and conditions, as provided herein, by giving
written notice of LESSEE'S intention to do so to the LESSOR not less than thirty
(30) days prior to the expiration of the leasehold estate hereby created. Said
notice shall be effective upon placement of the notice in an official depository
of the United States Post Office, Registered or Certified Mail, Postage Prepaid.
LESSOR shall have the right, with cause to terminate this Lease by providing
LESSEE with one hundred and eighty (180) day termination notice. Said notice
shall be effective upon placement of the notice in an official depository of the
United States Post Office, Registered or Certified Mail, Postage Prepaid. This
Lease shall automatically terminate if LESSEE becomes a dissolved corporation.
ARTICLE 3. Rent
LESSEE hereby covenants and agrees to pay as rent for the Demised Premises
the sum of Ten Dollars and 00/100 Cents ($10.00) per annum to be paid ac the
commencement and on the anniversary date of each following year.
LESSOR authorizes LESSEE to operate a concession stand ac the Demised
Premises in order to generate income to support the water ski show and related
activities. This concession will include, but not be limited to the sale of ice
cream, popcorn, pizza, hot dogs, sodas and souvenir items. No alcoholic
beverages are to be sold, dispensed or consumed on the Demised Premises.
Page 1 -
4
4
All income from the conces n stand shall be used to maintain oper. ins of
the LESSEE'S programs. If those funds are not utilized for said purpose, (1)
LESSOR may prohibit LESSEE from operating the concession stand and/or (2) LESSOR
shall receive thirty (30X) percent of the unused or unencumbered funds as
additional rent on an annual basis at the end of LESSEE'S fiscal year. In order
to monitor the use of LESSEE'S funds, LESSEE agrees to allow.LESSOR to review and
audit bookkeeping records at LESSOR'S request.
ARTICLE 4. Other Expenses and Charges
LESSEE shall pay all janitorial services and utility charges once those
services are operative including, but not limited to charges for gas,
electricity, light, heat, air conditioning, power, water, sewer and telephone or
other communication service used, rendered or supplied thereupon or in connection
with the Demised Premises. If LESSOR elects to supply utility services and/or
janitorial services, LESSEE agrees to pay the same as additional rent within
thirty (30) days of its receipt of the LESSOR'S bill or invoice.
ARTICLE S. Modifications to Demised Premises
Prior to making any changes, alterations, additions or improvements to the
Demised Premises, LESSEE will provide to LESSOR all proposals and plans for
alterations, improvements, changes or additions to the Demised Premises for
LESSOR'S written approval, specifying in writing the nature and extent of the
desired alteration, improvement, change, or addition, along with the contemplated -
starting and completion time for such project. LESSOR or its designee will then
have sixty (60) days within which to approve or deny in writing said request for
changes, improvements, alterations or additions. LESSOR shall not unreasonably
withhold its consent to required or appropriate alterations, improvements,
changes or additions proposed by LESSEE. If after sixty (60) days there has been
no response from LESSOR or its designee co said proposals or plans, then such
silence shall be deemed as a denial to such request to LESSEE.
LESSEE covcnants and agrees in connections with any maintenance, repair
work, erection, construction, improvement, addition or alteration of any
authorized modifications, additions or improvements to the Demised Premises, to
observe and comply with all then and future applicable laws, ordinances, rules,
regulations, and requirements of the United States of America, State of Florida,
e County of Collier, and any and all governmental agencies.
All alterations, improvements and additions to said Demised Premises shall
I at once, when made or installed, be deemed as attached to the freehold and co
have become property of LESSOR. Thirty (30) days prior to the termination of
this Lease or any renewal term thereof, LESSOR and LESSEE shall determine what
can be removed from the Demised Premises. Prior to the termination of this Lease
or any renewal term thereof, or within thirty (30) days thereafter, if LESSOR so
directs, LESSEE shall promptly remove the additions, improvements, alterations,
fixtures and installations which were placed in, on, or upon the Demised Premises
by LESSEE, and repair any damage occasioned to the Demised Premises by such
removal; and in default thereof, LESSOR may complete said removals and repairs at
LESSEE'S expense.
LESSEE covenants and agrees not to use, occupy, suffer or permit said
Demised Premises or any part thereof to be used or occupied for any purpose
contrary to law or the rules or regulations of any.,public authority.
ARTICLE 6. Access to Demised Premises
LESSEE shall be authorized to utilize the Demised Premises Monday through
Sunday from 8:00 a.m. to sunset. In the event LESSEE requires access to the
Demised Premises after the Park closes to the general public, prior notice and/or
coordination with the Park Ranger shall be required. If any additional times are
required, LESSEE shall provide LESSOR'S Parks and Recreation Director with
forty-eight (48) hours written notice of any additional times. LESSOR'S Parks and
Recreation Director shall provide written approval to LESSEE for any change in
hours of operation.
LESSOR, its duly authorized agents, representatives and employees, shall
have the right after reasonable notice to LESSEE, to enter into and upon the
Demised Premises or any part thereof at all reasonable hours for the purpose of
examining the same and making repairs or providing janitorial service therein,
and for the purposes of inspection for compliance with the provisions of this
Lease Agreement and providing security of the site.
- Page 2 -
411111111M11-
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ARTICLE 7. Assignment and Sub ing
LESSEE covenants and agrees not to assign this Lease or to sublet the whole
or any part of the Demised Premises, or to permit any other persont to occupy
same without the written consent of LESSOR. Any such assignment or subletting,
• even with the consent of LESSOR, shall not relieve LfSSE$ from liability for
payment of rent or other sums herein provided or from the obligation to keep and
be bound by the terms, conditions and covenants of this Lease. The acceptance of
rent from any other person shall not be deemed to be a waiver of any of the
provisions of this Lease or to be a consent to the assignment of this Lease or
subletting of the Demised Premises.
ARTICLE 8. Indemnity
LESSEE, in consideration of Ten Dollars ($10.00), the receipt and
sufficiency of which is hereby acknowledged, shall indemnify, defend and hold
harmless LESSOR, 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) LESSEE'S use of the
Demised Premises, (B) any work or thing whatsoever done, or any condition created
(other than by LESSOR, its employees, agents or contractors) by or on behalf of
LESSEE in or about the Demised Premises, (C) any condition of the Demised
Premises due to or resulting from any default by LESSEE in the performance of
LESSEE'S obligations under this Lease, or (D) any act, omission or negligence of
LESSEE. or its agents, contractors, employees, subtenants, licensees or invitees.
In case any action or proceeding is brought against LESSOR by reason of any one
or more thereof, LESSEE shall pay all costs, attorneys' fees, expenses and
liabilities resulting therefrom and shall defend such action or proceeding if
LESSOR shall so request, at LESSEE'S expense, by counsel reasonably satisfactory
to LESSOR.
The LESSOR shall not be liable for any injury or damage to person or
4 property caused by the elements or by other persons in the Demised Premises, or
from the street or sub-surface, or from any other place, or for any interference
caused by operations by or for a governmental authority in construction of any
public or quasi-public works.
The LESSEE agrees to hold the LESSOR harmless from any claims for damages,
except where such damage or injury is the result of the gross negligence or
willful misconduct of the LESSOR or its employees.
ARTICLE 9. Insurance
LESSEE shall provide and maintain 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 ($1,000,000.00) combined
single limits during the term of this Agreement. Also, LESSEE shall provide and
maintain at all times watercraft liability coverage of Five Hundred Thousand
Dollars and No/Cents ($500,000.00) combined single limits and pollution liability
coverage of One Million Dollars and No/Cents ($1,000,000.00) combined single
limits. In addition, LESSEE shall provide and maintain Worker's Compensation
Insurance covering all employees meeting Statutory, Limits in compliance with the
applicable state and federal laws. The coverage shall include Employer's
Liability with a minimum limit of One Hundred Thousand Dollars and No/100 Cents
($100,000.00) each accident.
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 Management Department, 3301 East Tamiami Trail, Administration
Building, Naples, Florida, 33962, for approval prior to the commencement of this
Lease Agreement; and shall include a provision requiring ten (10) days prior
written notice to Collier County c/o County Risk Management Department in the
event of cancellation or changes in policy(ies) coverage.
The LESSOR reserves the right to reasonably amend the insurance requirements
stated in this Lease by issuance of notice in writing to LESSEE, whereupon
receipt of such notice, LESSEE shall have Ninety (90) days in which to obtain
such appropriate insurance. Said amended insurance coverage shall reflect those
standards for like events conducted within the United States of America.
- Page 3 -
ARTICLE 10. Maintenance and Imp. .ments
LESSEE shall, at its sole cost and expense, keep the Demised Premises clean
ac all times. if said Demised Premises are not kept clean in the opinion of
LESSOR, LESSEE'S manager will be so advised in writing. If corrective action is
not taken within twenty (20) days of the receipt of fuch'•notice, LESSOR will
cause the same to be cleaned and corrected and LESSEE shall assume and pay all
necessary cleaning costs and such costs shall constitute additional rent which
shall be paid by LESSEE within ten (10) days of receipt of written notice of
costs incurred by LESSOR.
The LESSEE, at its sole cost, shall repair all damage to the Demised
Premises caused by LESSEE,- its employees, agents, independent contractors,
guests, invitees, licensees, or patrons.
The LESSEE, at its sole cost, shall remove from the Demised Premises in
accordance with all applicable rules, laws and regulations, all solid, liquid,
semisolid, and gaseous trash and waste and refuse of any nature whatsoever which
might accumulate and arise from the operations of the LESSEE'S business. Such
trash, waste and refuse shall be stored in closed containers approved by the
LESSOR.
The LESSOR will, at its discretion, treat the Lake for weeds.
The LESSOR will arrange for removal of alligators whenever necessary and
after written notice is provided from LESSEE.
The LESSEE is authorized to landscape and provide security lighting on the
Demised Premises, all at LESSEE'S own expense, with LESSOR'S prior written .
approval.
The LESSEE will provide general litter pick-up and miscellaneous tasks such
as painting of picnic tables and the like of the entire Lake Avalon Park as an
Adopt-a-Park participant.
As stated in Article 1 of this Lease, LESSEE shall be responsible for the
sole cost and expense of constructing, operating and maintaining the approximate
three thousand (3,000) square foot, initial phase, two' (2) story structure which
will accommodate concession stands, storage for boats, locker rooms, equipment
storage and administrative offices. Security fencing will also be permitted, if
deemed necessary by both parties. LESSEE will also be permitted to locate a two
(2) bay maintenance building on the site. These improvements shall comply with
all of the terms specified in Article 5 of this Lease.
ARTICLE 11. Default by LESSEE
Failure of LESSEE to comply for ninety (90) days with any material provision
or covenant of this Lease shall constitute a default, LESSOR may, at its option,
terminate this Lease after thirty (30) days written notice to LESSEE, unless the
default be cured within the notice period (or such additional time as is
reasonably required to correct such default). However, the occurrence of any of
the following events shall constitute a default by LESSEE, and this Lease may be
immediately terminated by LESSOR:
(a) Abandonment of Demised Premises or discontinuation of LESSEE'S
operation.
(b) Falsification of LESSEE or an agent of LESSEE of any report required to
be furnished to LESSOR pursuant to the terms of this Lease.
(c) Filing of insolvency, reorganization, plan or arrangement or bankruptcy.
(d) Adjudication as bankrupt.
(e) Making of a general assignment of the benefit of creditors.
(f) If LESSEE suffers this Lease to be taken under any writ of execution.
(g) If LESSOR is named in a litigation suit as a result of LESSEE'S use at
the Demised Premises, and LESSEE is found to be ac fault at the time of
final judgment, LESSOR will have the right to terminate this Lease.
- Page 4 -
,aat -11111111111111.
In the event of the occ :ence of any of the foregoing default:. n this
ARTICLE 11, LESSOR, in addition to any other rights and remedies it may have,
shall have the immediate right to re-enter and remove all persons and property
from the Demised Premises. Such property may be removed and stored in a public
warehouse or elsewhere at the cost of and for the account of LESSEE, all without
service of notice or resort to legal process and withote being deemed guilty of
trespass, or being liable for any loss or damage which may be occasioned thereby.
If LESSOR so directs LESSEE, LESSEE shall remove all property from the Demised
Premises in a time allowed by LESSOR. If LESSEE does not remove that property by
the LESSOR'S specified time, LESSOR shall have the right to enforce its right as
stated above in this paragraph.
The LESSOR may at its option terminate this Lease after receipt by LESSEE of
thirty (30) days notice in writing if a lien is filed against the leasehold
interest of the LESSEE, and not removed within thirty (30) days, pursuant to the
Florida Mechanics Lien Law.
ARTICLE 12. Default by LESSOR
LESSOR shall in no event be charged with default in the performance of any
of its obligations hereunder unless and until LESSOR shall have failed to perform
such obligations within thirty (30) days (or such additional time as is
reasonably required to correct such default) after notice to LESSOR by LESSEE
properly specifying wherein LESSOR has failed to perform any such obligations.
ARTICLE 13. jdotices
Any notice which LESSOR or LESSEE may be required to give to the other party
shall be in writing to the other party at the following addresses:
LESSOR: LESSEE:
Board of County Commissioners Gulf Coast Skimmers Water Show, Inc.
c/o Real Property Mgmt. Dept. 4002 Cindy Avenue
3301 Tamiami Trail East Naples, Florida 33962
Administration Building
Naples, Florida 33962
cc: Office of the County Attorney
Parks and Recreation Department
ARTICLE 14. Surrender of Premises
LESSEE shall deliver up and surrender to LESSOR possession of the Demised
Premises and any improvements not removed upon expiration of this Lease, or its
earlier termination as herein provided, broom clean and in as good condition and
repair as the same shall be at the commencement of the term of this Lease or may
have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear
and tear and damage by fire or tha element. beyond LESS'EE'S control excepted.
ARTICLE 15. General Provisions
LESSEE fully understands that the police and law enforcement security
protection provided by law enforcement agencies for the above-referenced Demised
Premises is limited to that provided to any other business or agency situated in
Collier County, and acknowledges that any special security measures deemed
necessary for additional protection of the Demised Premises shall be the sole
responsibility and cost of LESSEE and shall involve no cost or expense to LESSOR.
LESSEE expressly agrees for itself, its' successors and assigns, to refrain
from any use of the Demised Premises which would interfere with or adversely
affect the operation or maintenance of LESSOR'S standard operations where other
operations share common facilities.
(a) Rights not specifically granted the LESSEE by this Lease are hereby reserved
to the LESSOR.
(b) LESSEE agrees to pay all sales tax imposed on the rental of the Demised
Premises where applicable under law.
- Page 5 -
(c) LESSEE agrees to pay all �"tangible personal property taxes that ...ay be
imposed due to the creation, by this Lease, of a leasehold interest in the
Demised Premises or LESSEE'S possession of said leasehold interest in the
Demised Premises.
ARTICLE 16. LESSOR'S / LESSEE'S Commitments r •
LESSOR shall provide aluminum bleachers to accommodate up to one thousand
(1,000) people during the months of November through March and five hundred (500)
people during the months of April through October until the LESSEE builds a
permanent covered grand stand facility. LESSEE shall complete construction of the
permanent covered grand stand two (2) years from the commencement date of this
Lease. If this date cannot 'be met, LESSEE shall provide LESSOR with written
notice not less than sixty (60) days prior to the scheduled completion date to
notify LESSOR of incompletion. LESSOR and LESSEE shall, at that timer agree on a
new completion date. The size of the permanent covered grand stand facility shall
not exceed the available parking which will accommodate approximately Seven
Hundred (700) to One Thousand (1000) persons.
LESSOR agrees, if permits can be obtained, to provide signage on U.S. 41
east and west bound lanes, compatible to Florida Department of Transportation
standards to announce LESSEE'S activities.
LESSOR shall not authorize any motorized public watercraft to be operated on
Lake Avalon other than those belonging to LESSEE that will be used for LESSEE'S
activities.
In the event a canoe, row boat, paddle boat or other boat concession is
installed at Lake Avalon Park, LESSEE will have the first right of refusal of
said concession. For safety purposes, LESSEE shall be consulted as to the
location and operation of a boat concession. Proceeds from a boat rental
concession will be addressed in a separate agreement if LESSEE will be authorized
to conduct those activities.
LESSOR will enforce that no fishing takes place along the beach used by the
LESSEE, or from any boats in LESSEE'S practice or show areas.
The Lake will not be available for public boating when being utilized by
LESSEE for performances, but will be available for County programs or activities
including fishing from the shore or docks with the exception of the LESSEE'S
Demised Premises.
LESSOR will not permit any other boats on the Lake during the Skimmers
performances. LESSEE and/or LESSOR shall clear the Lake fifteen (15) minutes
prior to all performances.
LESSOR will provide additional sand along the Demised Premises beach area to
be placed where deemed necessary by LESSOR. LESSEE may notify LESSOR of the need
to provide sand along the Demised Premises.
LESSOR will allow LESSEE to host private functions on the Demised Premises
for award banquets, birthday parties, youth group organizations as long as the
LESSEE provides the LESSOR one (1) week's notice and it is a Gulf Coast Skimmers
event. LESSOR shall provide LESSEE with written approval of request.
LESSOR will permit LESSEE to display signage from major sponsors
contributing to the LESSEE'S programs to be displayed only during show times. No
alcohol or tobacco signage will be permitted.
LESSOR will permit LESSEE to float ski jumps, backdrop floats, docks and
slalom courses. LESSEE will be permitted to place decorative floating fountains
in the show course.
LESSEE shall be permitted to continue flying its Delta Wind Hang Gliders in
the ski shows which requires approval from the City of Naples Airport Authority.
LESSOR shall allow LESSEE to conduct operations and activities at the
Demised Premises throughout the time LESSOR shall make improvements to the Lake
Avalon Park. Parking for attendees of LESSEE during construction shall utilize
parking in those area designated by LESSOR as Public Parking.
LESSOR shall be permitted to review and audit bookkeeping records maintained
by LESSEE.
- Page 6 -
LESSOR'S improvements to Lake Avalon Park will include ample parking for 700
to 1000 people. LESSEE is permitted to utilize this parking area and understands
that these are unreserved spaces to be used by all public attendees of Lake
Avalon Park.
LESSEE, with LESSOR'S written approval, may add radditional shows if the
demand increases above current capacity.
LESSEE, with LESSOR'S written approval, shall make seasonal time changes for
performances.
LESSEE may charge an admission fee with LESSOR'S written approval, but
LESSOR may negotiate a percentage of that fee to be paid to the LESSOR.
If LESSOR institutes a park entrance fee, those people attending the
LESSEE'S performance would be exempt from that fee.
LESSEE shall be authorized to utilize a public address system during
performances and LESSOR will monitor the decibel level. LESSEE shall adhere to
Collier County Code Compliance for sound level limits for use of public address
systems.
ARTICLE 17. Environmental Concerns
LESSOR will allow LESSEE to install and maintain up to a five hundred (500)
gallon, above-ground fuel storage tank on the Demised Premises not for resale,
but to fuel LESSEE motorcraft only.
The parties hereto acknowledge that certain federal, state and local laws, •
regulations and guideline are in existence or may hereafter be enacted relating
to or affecting the Demised Premises regarding the impact on the environment of
LESSEE'S operations. Subsequent to the effective date of this Lease, LESSEE will
not cause, or permit to be caused, any or practice, by negligence, omission
otherwise that would result in a violation of any of these laws, regulations or
guidelines.
LESSEE agrees to take all actions, at its sole cost and expense, required
now or in the future by the United States Environmental Protection Agency, the
Florida Department of Natural Resources or the Florida Department of
Environmental Regulation, Collier County Pollution Control Department under the
Environmental Services Division or any other agency, with regard to environmental
matters caused by LESSEE'S acts or omissions.
LESSEE represents, warrants and agrees to indemnify, reimburse, defend and
hold harmless LESSOR, from and against all costs (including attorneys fees),
costs of investigation and testing or other damages asserted against, imposed on
or incurred by LESSOR directly or indirectly pursuant to or in connection with
the application of any federal, state, local, common law or environmental laws,
regulations or guidelines relating to pollution or protection of the environment.
LESSEE shall obtain all required local, state and federal environmental
permits and the Collier County Environmental Services Division shall have access
to the site at any reasonable time for any reasonable duration for any kind of
environmental inspection and monitoring.
ARTICLE 18. Radon Gas
In compliance with Section 404.056, Florida Statutes, all parties are hereby
made aware of the following:
Radon is a naturally occurring radioactive gas that, when it has accumulated
in a building in sufficient quantities, may present health risks to persons who
are exposed to it over time. Levels of radon that exceed federal and state
guidelines have been found in buildings in Florida. Additional information
regarding radon and radon testing may be obtained from your county public health
unit.
- Page 7 -
ARTICLE 19.Extent of Liens
All persons to whom these presents may come are put upon notice of the fact
that the interest of the LESSOR in the Demised Premises shall not he subject to
liens for improvements made by the LESSEE, and liens for improvements made by the
LESSEE are specifically prohibited from attaching co o! becoming a lien on the
interest of the LESSOR in the Demised Premises or any part of either. This notice
is given pursuant to the provisions of and in compliance with Section 713.10,
Florida Statutes.
ARTICLE 20. Effective Date •
This Lease shall become effective upon execution by both LESSOR and LESSEE.
ARTICLE 21. Governing Law
This Lease shall he governed and construed in accordance with the laws of
the State of Florida.
IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands
and seals. .
AS TO THE LESSOR:
BOARD OF COUNT COMMISSIONERS
ISWIG�iT,E::?ROCK,�;Cte k COLLIER OUNTY) FLORID•
•
• `.Dep'u' Clerk BETTYE ; THEWS, Chairman
AS TO LIzSSEk: ' GULF COAST SKIMMERS WATER SKI SHOW, INC.
DATED: •ir /QU' 1975
/
• . �•t w.QL• BY: L •
D' I r.cr;o1c"+ o E ��,c 6.� (t con..t
V M S .ignacure) OHN V. CURS ', President
Gi •L1/ alai? .eek Sk �.n eas W a {�°� S�
(print name) S�ow� Tnc .
LL- C N i /
WITNESS (signatu e Ili
rn -. .
(print name)
Approved as to form and
legs suffi iency: C�
LUL( ( Jr�i�'L <\
Heidi F. Ashton
Assistant County Attorney
- Page 8 -
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Subject: Suspension off Gulf Coast Skimmers waterski team for having hair length past
eyebrows and bottom of ears:
Jeff Shenk - Jan. 8th, 1995
Johann Giraldo - August 24, 1996
My name is Jeff Shenk. I started skiing with the Gulf Coast Skimmers three years ago.
I left for the summer vacation in 1995 to go to Wisconsin. When I returned, comments
were being made about my hair. Members were saying it was too long and it should be
cut. Later in the fall there was talk about a set of bi-laws being handed out that would
include a rule for guys hair length. The rule came out stating that your hair may not go
below your eyebrows, below your earlobes or touch the collar. After I thought long and
hard, I decided I would trim my hair above my ear lobes but not above my eyebrows.
This went well with the team until the leaders decided to fully enforce the hair length to
be above the eyebrows. It was announced that after the two week break for Christmas,
Kem Gursoy, the former announcer, would comb your hair over your face, and if it
reached your eyes or further you would be suspended. Upon return, my hair was looked
at and I was then suspended. My hair was about the length that it is now.
I've thought about cutting my hair and returning to the team a couple of times, but
decided I wouldn't give in to a rule that I found unfair. The rules were never voted on,
and were produced by three people--the president, John Gursoy; his wife, Holly Gursoy,
and close friend and former teammate, Karen DePetro.
This organization is built on saving the kids from drugs and crime and giving them a
family oriented activity to group up with. Despite this, the Gulf Coast Skimmers would
let you go just because of the length of your hair, giving the "unfit" kids a greater chance
to get into illegal activities that the team is trying to keep you out of. Five guys have been
suspended, and others who dare to test the rule get harassed until they get back in line or
quit the team. I ask that you take a good look at these rules and decide if this
organization is trying to help all the kids of Collier county, or are they trying to help only
the kids of Collier county who have "traditional" haircuts!
Thank you
Barnett Center Attorne win Naples Attorneys
Suite 300 Milwauk d Madison,Wisconsin
4501 Tamiami Trail North West Palm Beach and Naples,Florida Jackson M.Bruce,Jr.
cot-L.I E R C O lJ N T Y Naples,Florida 33940-3060 Phoenix,Arizona Louis D.D'Agostino
941/262-5959 James T.Demarest
FAX 941/434-4999 Kevin A.Denti
Robert E.Doyle,Jr.
9v�,
QQ�� 7'� TimothyG.Heins
[Lu �r Samara S.Holland
C t 11—LU John D.Humphreville
Kimberly L.Johnson
Thomas E.Maloney
F.Joseph McMackin,Ill
Mark H.Muller
Leo J.Salvatori
Joseph D.Zaks
November 11, 1996
Mr. Skip Camp
Collier County Parks and Recreation
Golden Gate Park
3300 Santa Barbara Boulevard
Naples, FL 34116
Dear Skip:
•
Thank you for all of the follow-up materials you have provided me and the Board this
past month. This information should make our November meeting very productive.
I would also like to thank you for helping us work through the difficulties with the Gulf
Coast Skimmers in a fair and business-like manner. I am quite thankful that this issue will not
be coming before the Board for review this month.
Very truly yours,
Jose► D. Zaks
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NW. 411
ORDINANCE NO. 89-11
AN ORDINANCE RELATING TO BEACH & WATER SAFETY
AND VESSEL CONTROL; PROVIDING FOR INTENT AND
PURPOSE; PROVIDING TITLE AND CITATION; SETTING
FORTH APPLICABILITY AND DEFINITIONS ; PROVIDING
FOR REGULATION OF USE AND CONDUCT ON THE BEACH;
PROVIDING FOR VESSEL REGULATION; PROVIDING FOR
REGULATION OF CONCESSION OPERATIONS, EQUIPMENT
RENTALS AND VENDORS ON THE BEACH AND ADJOINING
WATERS; PROVIDING FOR PENALTIES; PROVIDING FOR
ENFORCEMENT; PROVIDING FOR REPEAL OF ORDINANCES
NO. 81-11 AND NO. 85-6; PROVIDING FOR CONFLICT
AND SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the recreational use of the public beaches is a
treasured asset of this County which is afforded to the public at
large, including residents of and visitors to the County; and
WHEREAS, the manner, mode, type and degree of uses to which
the public beaches and adjoining waters are placed by the public
affects the health, safety and welfare as well as right to
enjoyment thereof by the individuals occupying or using said
beaches and waters for recreational purposes as well as those
residing nearby; and
WHEREAS, the operation of boats and other watercraft in
excess of idle speed poses a threat to the health, safety and
welfare of swimmers and others who are located offshore from
beaches and shorefront bathing areas; and
WHEREAS, it is necessary that the speed and operation of
aircraft, boats and watercraft located offshore from beaches and
shorefront bathing areas be controlled in order to protect the
health, safety and welfare of the citizens of Collier County and
visitors to Collier County; and
WHEREAS, it is in the interest for the safety and welfare of
the public that certain controls and regulations be enacted to
reduce risk of injury to the public and ensure the enjoyability
of these natural resources by the general public.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT:
SECTION ONE: INTENT AND PURPOSE
It is the intent and purpose of this Ordinance to protect
and promote the health, safety and welfare of the public at
-1-
SI'lLth‘ jiCkflateL8 'tk&t
. 4it fulz- 911
4
•
large, including residents and visitors to Collier County by
providing reasonable regulation of the public's use and conduct
on the beach and adjoining waters of Collier County, including
the designation of specific areas within which the operation of
aircraft and vessels may be regulated or prohibited. It is
further intended that this Ordinance shall be liberally construed
to effect such intent and purpose.
SECTION TWO: TITLE AND CITATION
This Ordinance shall be known and be cited as the "Collier
County Beach & Water Safety and Vessel Control Ordinance" .
SECTION THREE; APPLICABILITY
This Ordinance shall apply to and be enforced in the
unincorporated area of Collier County, including Key Island,
Marco Island, Sand Dollar Island and Little Hickory Island, but
shall not apply to the other barrier islands within Collier
County jurisdiction.
SECTION FOUR: DEFINITIONS
For the purposes of this Ordinance, the following words
shall be defined as set forth below:
A. AIRCRAFT - means any motor vehicle or contrivance now
known or hereinafter invented, which is used or
designed for navigation of or flight in the air,
except a parachute or other contrivance designed
for such navigation but used primarily as safety
equipment. The term "aircraft" shall include
ultralight aircraft and seaplanes.
B. A-WEIGHTED SCALE or SOUND LEVEL - The sound pressure
level in decibels as measured on a sound level
meter using the A-weighted network. The level so
read is designated dBA.
C. BATHER - means any person who is in the same water as a
vessel , whether said person is swimming, wading or
engaged in any other activity in the water.
D. BATHING AREA - means any area of the beach and adjoining
waters in which bathers are located or may be
-2-
located, whetheofnor tifor icatnot iondes. ignated by signs or
E. BEACH - the soft sand portion of land lying seaward of a
seawall or line of permanent vegetation and seaward
of the mean high water line.
F. BLOODBAITING - the use of blood or bloody fish parts to
attract sharks.
G. CAMPING - The erection of shelter or similar structures
for the purpose of sleeping or lying upon the beach
either under or outside of any shelter, vehicle,
bedroll, blanket, or other protective garb.
H. CHUMMING - The throwing of bait or fish parts into the
water to attract fish.
I. COLLIER COUNTY or COUNTY - shall mean the unincorporated
area of Collier County, Florida.
J. DECIBEL (dBA) - A unit for describing the amplitude of
sound, equal to twenty (20) times the logarithm to
the base ten (10) of the ratio of the pressure of
the sound measured to the reference pressure, which
is twenty (20) micronewtons per square meter.
K. GULF - The Gulf of Mexico.
L. IDLE SPEED - means the lowest speed at which a vessel or
sailcraft can operate and maintain steering
control.
M. JET SKI - any personal water craft designed exclusively
for the riding enjoyment of one or two persons,
being propelled by propellers or by a jet pump with
a fully enclosed impeller and not weighting over
350 pounds or having a length greater than 10 feet.
The term jet ski for purposes of this Ordinance
shall include "sea sleds", "dolphin boats" , "wave
runners" , or other such product name meeting the
description herein provided.
-3-
4
111
N. LICENSE or LICENSED - as used herein means a Collier
County Occupational License or having such license.
O. OPERATE or OPERATION - means to navigate or otherwise
use any aircraft or vessel in or on the water.
P. PERMIT - Beach Vendor's Permit issued by the County.
Q. RAFTS, FLOATS, AND FLOTATION DEVICES - Any device,
whether of canvas, vinyl, rubber, styrofoam or
other substance, intended or capable of assisting
in the flotation of a person on or in the water of
the Gulf of Mexico. The term shall not include
vessels or sailcraft, but shall include body boards
unless the context clearly indicates otherwise.
R. SAILCRAFT - a wind-propelled vehicle used or capable of
being used as a means of transportation on or in
the water, including sailboats, sailboards and
wind surfboards.
S. SEAPLANE —means any aircraft as defined herein that is
capable of landing and/or lifting off from a water
surface.
T. SOLICIT OR CANVASS - Any act, delivery, or exchange not
initiated by the prospective customer or which
directs attention to any business, mercantile or
commercial establishment, or any other commercial
activity, for the purpose of directly or indirectly
promoting commercial interest through sales,
rentals, or any exchange of value.
U. SURFING - Surfing means the riding or paddling of a
surfboard within the waters of the Gulf of Mexico
abutting or adjacent to the beach.
V. ULTRALIGHT AIRCRAFT or ULTRALIGHT - means any
heavier-than-air, motorized aircraft which meets
the criteria for maximum weight, fuel capacity and
airspeed established for such aircraft by the
Federal Aviation Administration under part 103 of
the Federal Aviation Regulations.
-4-
40W. VESSEL - means a motor propelled or artificially
propelled vehicle and every other description of
boat, watercraft, barge, and airboat other than a
seaplane on the water, used or capable of being
used as a means of transportation on or in the
water, including jet skis.
SECTION FIVE: REGULATION OF USE AND CONDUCT ON THE BEACH
A. Possession of glass containers Prohibited. It shall be
unlawful for any person while on the beach or beach access areas
toossess or utilize any y glass bottle or container.
B. Restrictions on Animals on Beach. It shall be unlawful
for any person owning or have under his control any animal, to
permit such animal upon the beach, except guide dogs accompanying
visually impaired persons or hearing ear dogs accompanying
hearing impaired persons shall be allowed on the beach at all
times.
C. Open Fires Prohibited; Heated Objects to be Disposed of
Properly. It shall be unlawful for any person to have an open
fire on the beach. Said prohibition shall not include a stove or
grill where so designated and posted by the County Parks and
Recreation Department. It shall be unlawful for any person to
dispose of any coals, briquets, embers or other heated object
from any stove or grill at the beach in other than a County
designated receptacle.
D. Overnight Camping Prohibited. It shall be unlawful to
camp overnight on the beach.
E. Fishing. It shall be unlawful for any person while on
the beach or within 1, 000 feet from shore to intentionally fish
for sharks or to fish by those methods commonly known as
"chumming" or "bloodbaiting" . Nothing herein shall be construed
to create a duty of any sort on the part of any law enforcement
officer or county employee to prevent fishing or to warn of the
presence of sharks in the Gulf of Mexico.
-5-
411
F. Throwing of Balls, Frisbees, or Other Objects. It shall
be unlawful for any person to throw any ball, frisbee, or other
object through any bathing area after having been warned by any
law enforcement officer that such activity interferes with or
endangers the movement of pedestrian traffic or public safety.
G. Swimming. No person except a person actually engaged in
a rescue attempt shall :
(1) swim or bathe within 150 feet measured in any
direction from a pier or jetty;
(2) swim or bathe in any area posted exclusively for
vessel and/or sailcraft use.
H. Use of rafts, floats, and other flotation devices. No
person shall :
(1) use any raft, float, body board, or other flotation
device of any description, except for a vessel or
sailcraft, more than 500 feet from the water's
edge.
I. Operation of vessel or sailcraft while intoxicated. No
person shall operate a vessel or sailcraft of any description,
whether motorized or not, surf or otherwise use any other
equipment in the Gulf of Mexico when under the influence of any
alcoholic beverage, or any chemical substance as set forth in
Section 877 . 111, Florida Statutes, or any substance controlled
under Chapter 893 , Florida Statutes, to the extent that the
person's normal faculties are impaired.
J. Use of aircraft on beach or adjoining water prohibited.
No person shall operate an aircraft, including seaplanes or
ultralights, on or from the beach or the water within 500 feet of
the water's edge.
K. Soliciting and Canvassing Prohibited. There shall be no
solicitation or canvassing of the public on the beach:
(1) By other than licensed concessionaires of goods and
services for use or consumption on the beach. No
person other than a licensed concessionaire shall
solicit or canvass for the sale or rental of
merchandise, services, goods, or property of any
kind or character intended for use or consumption
on the beach.
(2) By licensed concessionaires. No licensed
concessionaire shall solicit or canvass for the
sale or rental of any merchandise, services, goods
or property of any kind or character except from
within or within 10 feet of his licensed premises
or vehicle.
-6-
(3) By any person of goods and services for use or
consumption off the beach. No person shall solicit
or canvass for the sale or rental of any
merchandise, services, goods or property of any
kind or character to be delivered or performed off
the beach.
L. Sound Amplification. No audio device, such as
loudspeakers, television, radio, compact disc, tape, or record
player, or musical instrument, except equipment used by law
enforcement, rescue or beach safety personnel, shall be used on
the beach in a manner:
(1) that exceeds a noise level of 60 decibels (dBA)
measured on the A-weighted scale at 25 feet from
the sound source; or
(2) that otherwise violates the Collier County Noise
Control Ordinance.
M. Breach of the Peace; Disorderly Conduct. No person
shall commit such acts as are of a nature to corrupt the public
morals, or outrage the sense of public decency, or affect the
peace and quiet of persons who may witness them, or engage in
brawling or fighting, or engage in such conduct as to constitute
a breach of the peace or disorderly conduct.
N. Removal of Beach Sand. No beach sand may be removed
from the beach.
O. Litter. It shall be unlawful for any person to discard
or otherwise dispose of or abandon any trash, garbage, bottles,
containers, cans, dead fish or parts thereof, charcoal briquets
or ashes, or any other litter, except in designated containers
for that purpose. It is further unlawful to dispose of any
household garage on the beach.
SECTION SIX: VESSEL REGULATION
A. Operation of vessel in excess of idle speed prohibited.
(1) The operation of any vessel, or sailcraft, in
excess of idle speed, as defined herein, in or on
all waters of the Gulf of Mexico within five
hundred feet (500 feet) offshore from all sandy
beaches and shorefront bathing areas is hereby
prohibited. Said prohibition shall be effective
and enforceable regardless of whether or not such
area is designated by appropriate sign, buoy or
other public notice.
(2) Jet ski regulation. No person shall operate a jet
ski:
-7-
/""
(a) closer than 500 750 feet perpendicular from
the water's edge except to go to and from the
shore or except in a vessel corridor
designated under subsection (3) hereof nor
shall proceed to that portion of the Gulf
beyond 500 feet at a speed greater than merely
necessary to effectively traverse the breaking
water;
(b) in an unsafe, reckless or careless manner
endangering the life, limb, or property of any
person.
(C) all P.W. C. 's must be equipped with stock or
quieter mufflers.
(3) Vessel corridors. The following areas of the Gulf
adjacent to the beach closer than 500 750 feet from
the shore may be designated as being exclusively
for vessel use between dawn and dusk daily:
(a) Those areas of Tigertail, Vanderbilt Beach and
Clam Pass County Parks and such other parks
and areas designated and posted by the County
Parks and Recreation Department as vessel
corridors or use areas.
(4) Beach launch of vessels regulated. No person
except a law enforcement officer, authorized
emergency personnel, or other person actually
engaged in a rescue attempt shall traverse the
beach with a motorized boat or jet ski and launch
such vessel from the beach from an unauthorized
launching area.
(5) Water Skiing. No person(s) including the skier(s)
(anyone being towed on a line behind a vessel) and
the vessel operator(s) shall water ski closer than
500 feet from the edge of the beach directly on the
Gulf.
(6) Sailcraft, including sailboats, windsurfboards, and
sailboards. No person shall operate a sailcraft
closer than 500 feet perpendicular from the water's
edge where bathers are present except to go to and
from the shore by the most direct means possible in
a safe and reasonable manner.
(7) Regulated areas. No person shall operate a
motorized vessel or sailcraft within an area which
has been clearly marked by buoys or some other
distinguishing device for bathing, swimming or
which has been otherwise restricted by the County,
provided that this subsection shall not apply in
the case of an emergency or to a patrol or rescue
craft.
B. Vessel speed not to exceed reasonable speed under
existing conditions. Nothing contained in this Ordinance shall
be construed to authorize or approve the speed of any vessel or
sailcraft in excess of that which is reasonable and proper under
the existing conditions or circumstances including, but not
limited to, the presence of water skiers, bathers, fishermen,
natural hazards or other water traffic.
-8-
C. Exemptions. The following shall be exempted from the
provisions of Section Six of this Ordinance:
(1) The provisions of this Ordinance shall not be
construed to prohibit the operation, racing or
exhibition of vessels or sailcraft during a
publicly announced, properly authorized, supervised
and adequately patrolled regatta, speed trial or
exhibition.
(2) The operators of Law Enforcement or rescue vessels
or vessels operating under emergency conditions
shall be exempted while conducting official duties
or operating under emergency conditions.
(3) Commercial fishing vessels are exempted while
conducting fish netting operations, provided the
operations are conducted in a safe and prudent
manner and in accordance with Section Six (B) ,
Vessel speed not to exceed reasonable speed under
existing conditions. Under no circumstances,
however, shall commercial fishing vessels be
operated at greater than idle speed within five
hundred feet (500 feet) of bathers.
SECTION SEVEN: REGULATION OF CONCESSION OPERATIONS, EQUIPMENT
RENTALS AND VENDORS ON THE BEACH AND ADJOINING
WATERS
The safety and welfare of the persons that reside nearby the
County's beach areas and of the public that recreate on the beach
and adjoining waters makes necessary and appropriate the
following regulations:
A. Beach Vendor Permit Requirement. Any person engaged in
the rental, leasing, bailment for consideration, or otherwise
providing transportation for remuneration, of motorized or
wind-driven vessel (s) for use by the public on the beach or
adjoining waters of Collier County, including jet skis and
sailcraft, shall be required to obtain a "Beach Vendor Permit"
from the County. A Beach Vendor Permit shall issue and be
maintained upon the applicant paying such application fee
therefor as established by the County by resolution and meeting
the following requirements:
(1) The applicant must have an operations office or
headquarters located at a land-based location with
direct access to the beach in the immediate area where
the vessels are being provided for public use.
(2) The applicant must have and maintain a telephone or
marine radio at its land-based operations office.
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(3) The applicant must have a motorized chase boat with
operational marine radio in good running condition that
meets all U.S . Coast Guard safety requirements kept at
vessel rental site during all hours of applicant's
rental operations.
(4) The applicant must have and maintain comprehensive
general liability insurance with coverage not less than
the amount of $500, 000. 00 combined Single Limits.
(5) The applicant shall provide a list describing and
indicating the Florida vessel registration number of
each motorized vessel applicant shall place in service.
Any motorized vessel placed in service for public use
after a Beach Vendor's Permit has been issued shall
have a Florida vessel registration number affixed
thereon.
(6) The applicant shall provide proof of having minimally
one operational life vest for each occupant space on
each of the vessels to be offered for public use under
Section Seven of this Ordinance.
The applicant is required to obtain a County occupational
license for its operations office required under Section Seven of
this Ordinance. To obtain an occupational license, the applicant
must provide proof of having a current, valid Beach Vendor's
Permit.
B. Beach Vendor Permittee/Vessel User regulations
(1) The rental or operation of a motorized vessel
subject to the provisions of Section Seven of this
Ordinance is prohibited to anyone under sixteen
(16) years of age except for those children between
twelve (12) and (16) years of age who may operate
such vessel provided that the child's parent or an
adult supervisor over the age of twenty-one (21)
years operates another such vessel to accompany the
child. It shall be a violation of this Ordinance
for any person to rent, lease or otherwise provide
for money or money's worth a motorized vehicle to
anyone except as provided herein.
(2) The renter, user, passenger of or on any vessel
described in Section Seven shall have on board an
operational life vest while using or having such
vessel in the water, and it is a violation of this
Ordinance for any such person(s) using such vessel
not to have a life vest on board.
(3) All rental P.W.C's will have decals placed upon
them explaining the idle zone law within 750 feet
off shore, the use of idle channels from the shore
to 750 feet off shore, and the operating zone of at
least 750 feet off shore.
(4) All rental P.W.C's shall have a letter, number, or
special mark conspicuously placed and large enough
to identify the rental agency at a distance.
(5) Renters will be required to read and initial that
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they understand the restrictions placed upon
P.W. C's by Collier County Ordinance 89-11 and
Florida Statute 327 . 39 .
(a) Collier County Ordinance 89-11 requires all
motor boats to operate at idle speed within
500 feet of the shore. There are special
restrictions for P.W.C;s; they must use idle
channels when available from the shore to the
750 foot line. Operation of P.W.C. 's in
excess of idle speed, in or on all waters of
the Gulf of Mexico within 750 feet off shore
from all sandy beaches and shore front bathing
areas, is prohibited.
(b) Florida Statute 327. 39 states a P.W.C. must at
all times be operated in a reasonable and
prudent manner. Maneuvers which unreasonably
or unnecessarily endanger life, limb, or
property, including but not limited to,
weaving through congested vessel traffic,
lumping the wake of another vessel
unreasonably or unnecessarily close to such
vessel or when visibility around such vessel
is obstructed, and swerving at the last
possible moment to avoid collision shall
constitute reckless operating of a vessel as
provided by Florida Statue 327 . 33 (1) .
SECTION EIGHT: PENALTY
Any owner, operator, or person in command of any vessel or
aircraft or any other person who violates the provisions of this
Ordinance or fails to comply with the requirements of this
Ordinance shall be guilty of a misdemeanor and, upon conviction
thereof, shall be fined or imprisoned, or both, as provided by
law, and in addition shall pay all costs and expenses incurred in
the prosecution of such violation. In addition, and as an
alternative means of enforcement, Collier County may enforce the
provisions or requirements of this Ordinance by means of any
available civil remedy before the appropriate Code Enforcement
Board or in a court of competent jurisdiction.
SECTION NINE: ENFORCEMENT
The provisions of this Ordinance shall be enforced by
members of any duly authorized law enforcement agency or officers
having jurisdiction in Collier County, Florida.
SECTION TEN: REPEAL OF ORDINANCE NO. 981-11 AND NO. 85-6
This Ordinance supersedes and repeals Collier County
Ordinances No. 81-11 and No. 85-6.
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SECTION ELEVEN: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other
ordinance of Collier County or other applicable law, the more
restrictive shall apply. If any phrase or portion of the
Ordinance is held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision and such holding shall not
affect the validity of the remaining portion.
SECTION TWELVE: EFFECTIVE DATE
This Ordinance shall take effect upon receipt of notice from
the Secretary of State that this Ordinance has been filed with
the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, this 28th day of February, 1989 .
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA
BY
JOHN C. NORRIS, CHAIRMAN
Approved as to form and
legal sufficiency:
David C. Weigel
County Attorney
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