Agenda 11/18/2008 Item #16D21
Agenda Item No. 16D21
November 18, 2008
Page 1 of 9
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approves and
authorizes the Chairman to sign the Interlocal Agreement between Collier
County and the City of Naples Regarding Parks and Recreation in the sum
of $1,000,000 per annum
Obiective: To continue to provide free parking to all County residents at beach areas and
related parking sites within the City of Naples as well as provide the use of all of the City
of Naples' Parks, Recreational Facilities and Recreational Programs to residents of
unincorporated Collier County on the same terms and conditions as those afforded to
residents of the City of Naples.
Considerations: Since 1987 the City of Naples and Collier County have maintained an
interlocal agreement under which all residents of Collier County may obtain beach
parking stickers valid for free parking at any County or City beach designated parking
location.
On April 22, 2008, the Board of County Commissioners directed staff to develop an
interlocal agreement between the City of Naples and Collier County for a $IM payment
for ten years to provide for county use of City Parks and Recreation amenities.
On July 22, 2008, the Board of County Commissioners approved an agreement between
the City of Naples and Collier County for a $IM payment for tcn ycars for county use of
City Parks and Recreation amenities.
On October 15, 2008, the City of Naples Council ratitied the agreement; however, they
have requested the following alterations to the original agreement.
I. The Agrecment shall become effective as of October 1, 2008, and unless
otherwise modified by written agreement will end September 30, 2018. After the
third year, either party may terminate this Agreement by written notice to thc
other, at lcast 180 days prior to the cnd of each fiscal year.
2. The first and second year payments (FY 2009 and FY 2010) to the City shall be
$1,000,000 (one million dollars) for each fiscal ycar. Commencing October 1,
2010, and each fiscal year thereafter, this payment will be adjusted, upward or
downward, by multiplying the $1,000,000 base payment by an adjustment factor.
The adjustment factor will be the ratio of ad valorem taxes paid to the County's
General Fund by propcrty owners located witl1in the City in the fiscal year just
ended, divided by the ratio of ad valorem taxes paid to the County's General Fund
by property owners located within the City during the fiscal year ending
September 30. 2008.
Agenda Item No. 16D21
November 18, 2008
Page 2 of 9
Leaal Consideration: The proposed lnterlocal Agreement is legally sufficient for
Board of County Commissioners' consideration and to take action.
Fiscal Impact: Funds are budgeted in FY 2009 with $500,000 being budgeted in Parks
and Recreation General Fund 001 and the remaining $500,000 are budgeted in other G &
A MSTD General Fund Ill.
Growth Manaaement Impact: This action furthers the directive of Policy 1.3.2 of the
Recreation and Open Space Element of the Growth Management Plan: "Continue to
ensure that access to beaches, shores, and waterways remains available to the public."
Recommendation: Recommendation that the Board of County Commissioners
approve and authorize the Chairman to sign the Interlocal Agreement between Collier
County and the City of Naples Regarding Parks and Recreation for reciprocal beach
parking and equal rights and privileges to all City facilities and recreation programs for
an annual payment by the County in the sum of $ 1,000,000.
Prepared by: Barry Williams, Director, Parks and Recreation Department
Page 1 of I
Agenda Item No. 16D21
November 18, 2008
Page 3 of 9
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16021
Meeting Date:
Recommendation that the Board of County Commissioners approves and authorizes the
Chairman to sign the Interlocal Agreement between Collier County and the City of Naples
Regarding Parks and Recreation in the sum of $1 ,000,000 per annum.
11/18/2008 90000 AM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
10/29/20084:13 PM
Approved By
Barry Williams
Director
Date
Public Services
Parks and Recreation
10/30/200812:22 PM
Approved By
OMS Coordinator
Applications Analyst
Date
Administrative Services
Information Technology
11/3120083:36 PM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
11/4/20081 :58 PM
Approved By
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
1114/20082:21 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
11/5/200812:28 PM
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Agenda Item No. 16021
November 18, 2008
Page 4 of 9
INTERLOCAL AGREEMENT BETWEEN
COLLIER COUNTY AND THE CITY OF NAPLES
REGARDING PARKS AND RECREATION
THIS INTERLOCAL AGREEMENT ("Agreemcnt") is made and entered into as of this
___ day of , 2008, by and between Collier County, Florida ("County")
and the City of Naplcs, Florida ("City").
REclT ALS:
WHEREAS, residents from the unincorporated arcas of Collier County currently enjoy
rccrcating within facilities owncd and operatcd by the City of Naples, including but not limited
to, Fleischman Park and bcach areas and relatcd parking areas within the City of Naples; and
WHEREAS, thc parties have over the years entered into separate interJocal agreements
conccrning the City's Parks and Recreational areas, including but not limited to an lntcrlocal
Agreement for City-County Beach Parking, recorded at OR Book 3563, Pg 1889, which
ah'Teement expired September 8. 2008; and
WHEREAS, Collier County and the City wish to cntcr into a long tcrn] agrcement which
would allow residents from unincorporated Collier County to use and cnjoy all of the City's
Parks, Rccreational facilities and Recreational Programs, on the same basis as those afforded to
City rcsidcnts; and
WHEREAS, the City is willing to allow the use of all of its Parks, Recrcational Facilities
and Rccreational Programs to residents of un in corp or at cd Collier County on the same terms and
conditions as those afforded to residents of the City in exchange for an annual payment by the
County in the sum of$1 ,OOO.O()(), as adjusted in the manner set forth below.
WIT N E SSE T H:
NOW, THEREFORE. in consideration of Ten Dollars (SIO'cIO) and other good and
valuable consideration exchanged amongst the parties. and in consideration of the covenants
contained hcrein, the parties agree as follows:
1. All of the abovc RECITALS are true and correct and are hereby expressly
incorporaled herein hy rcfercnee as if set forth fully below.
Agenda Item No. 16D21
November 18, 2008
Page 5 of 9
2. This Agreement shall become effective as of October I, 2008, and, unless
otherwise modified by written agreement, will end September 30, 2018. After the third ycar,
either party may terminate this Agreement by written notice to the other, at least 180 days prior
to the end of each fiscal year.
3. County rcsidents shall be afforded the same rights and privileges as those granted
to City residents to utilize all City Parks, Recreational facilities, and Recreational Programs, and
shall pay thc same fees and have acccss to the samc parking as City residents.
4. With respect to beach access:
A. The City and thc County hereby continue their established reciprocal
beach parking pro/,,'ram whereby all rcsidcnts of Collicr County may obtain a
beach parking sticker valid for free parking at any County or City beach parking
location.
B. Thc City will operate a beach patrol and maintenance program within the
City to provide for beach and beach parking regulation enforcement, beach and
beach parking clcanup, and bcach and bcach parking maintenance.
C. For the tenn of this Agrecmcnt the City agrees to provide at Icast 1048
parking spaces located at street beach ends or City Beach Parks that will be
available for vehicles of County residents with valid bcach parking stickers.
These spaces may bc metered, restricted for pcrmit parking, or handicappcd
parking spaces as detennined by the City. All spaces regardless of designation
will bc made equally available at no cost to City and County residents.
5. Thc first and sccond year paymcnts (FY 2009 and FY 2010) to the City shall be
$1,000,000 (one million dollars) for each fiscal year. Commencing October I, 2010, and each
fiscal year thereafter, this payment will be adjusted, upward or downward, by multiplying the
$1,000,000 base payment by an adjustment factor. The adjustment factor will be the ratio of ad
valorem taxes paid to the County's General Fund by property owners located within the City in
the fiscal year just ended, divided by the ratio of ad valorem taxes paid to the County's General
Fund by property owners located within the City during the fiscal year ending September 30,
2008.
6. A $500,000 payment due shall be paid to the City not later than March 31 of each
fiscal year. The remainder of the annual payment shall be paid not latcr than September 30 of
2
Agenda Item No. 16D21
November 18, 2008
Page 6 of 9
each fiscal year; this remainder payment shall be computed using the ratio identified in Section 5
above.
7. All notices required under this Agreement shall be directed to the following
offices:
For the County:
Office of the County Manager
3301 East Tamiami Trail
Naples. Florida 34112
For the City:
Otlice of the City Managcr
735 Eighth Street South
Naplcs, Florida 34102
8. With respect to the subject matter herein, this Agreement is the entire agreement
belween the parties, superscding all previous oral and written representations, understandings,
and agreements between the parties. This Agreement can only be changed by a writing sih'l1ed
by both parties. The County shall record this Agreement at its sole cost in the Public Records of
Collier County.
IN WITNESS WHEREOF. the panics hereto have set their hands and seals the day and
year first above written.
ATTEST:
CfTY OF NAPL
,----., L--
~y: 1:d411/ I
BILL BARNETT. MAYOR
/1. . /.l",0' I (
y(~' / Jrrr~/ft4~~ 4_0)
:1'ara A. Norman, City Clerk) v
ArrEST:
DWIGHT E. BROCK. Clerk
BOARD OF COMfvllSSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
TOM HENNING. CHAIRMAN
Approved as to fornl
and legal sufficiency:
Approved as to rOrnl and
legal sufficiency:
').-
r: (
Jeffrey A. Klatzkow
County Attorney
Robert D. Pritt. City Attorney
3
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Agenda Item No. 16D21
November 18, 2008
Page 7 of 9
INTERLOCAL AGREEMENT BETWEEN
COLLIER COUNTY AND THE CITY OF NAPLES
REGARDING PARKS AND RECREATION
THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into as of this
day of , 2008, by and between Collier County, Florida ("County")
and the City of Naples, Florida ("City").
RECITALS:
WHEREAS, residents from the unincorporated areas of Collier County currently e~oy
recreating within facilities owned and operated by the City of Naples, including but not limited
to, Fleischman Park and beach areas and related parking areas within the City of Naples; and
WHEREAS, the parties have over the years entered into separate interlocal agreements
concerning the City's Parks and Recreational areas, including but not limited to an Interlocal
Agreement for City-County Beach Parking, recorded at OR Book 3563, Pg 1889, which
agreement expires September 8, 2008; and
WHEREAS, Collier County and the City wish to enter into a long term agreement which
would allow residents from unincorporated Collier County to use and enjoy all of the City's
Parks, Recreational facilities and Recreational Programs, on the same basis as those afforded to
City residents; and
WHEREAS, the City is willing to allow the use of all of its Parks, Recreational Facilities
and Recreational Programs to residents of unincorporated Collier County on the same terms and
conditions as those afforded to residents of the City in exchange for an annual payment by the
County in the sum of $1,000,000, as adjusted in the manner set forth below.
WIT N E SSE T H:
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and
valuable consideration exchanged amongst the partics, and in consideration of the covenants
contained herein, the parties agree as follows:
I. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below.
Agenda Item No. 16D21
November 18, 2008
Page 8 of9
2. This Agreement shall become effective as of October I, 2008, and, unless
otherwise modified by written agreement, will end September 30, 2018. After the third vear.
either partv mav terminate this Agreement bv written notice to the other. at least 180 davs urior
to the end of each fiscal vear.
3. County residents shall be afforded the same rights and privileges as those granted
to City residents to utilize all City Parks, Recreational facilities, and Recreational Programs, and
shall pay the same fees and have access to the same parking as City residents.
4. With respect to beach access:
A. The City and the County hereby continue their established reciprocal
beach parking program whereby all residents of Collier County may obtain a
beach parking sticker valid for free parking at any County or City beach parking
location.
B. The City will operate a beach patrol and maintenance program within the
City to provide for beach and beach parking regulation enforcement, beach and
beach parking cleanup, and beach and beach parking maintenance.
C. For the term of this Agreement the City agrees to provide at least 1048
parking spaces located at street beach ends or City Beach Parks that will be
available for vehicles of County residents with valid beach parking stickers.
These spaces may be metered, restricted for permit parking, or handicapped
parking spaces as determined by the City. All spaces regardless of designation
will be made equally available at no cost to City and County residents.
5. The first and second year payments (FY 2009 and FY 2010) to the City shall be
$1,000,000 (one million dollars) for each fiscal ycar. Commencing October I. 2010, and each
fiscal vear thereafter. this pavment will he adiusted. upward or downward. by multiulying the
$1.000.000 base pavment bv an adiustment factor. The adiustment factor will he the ratio of ad
valorem taxes paid to the Countv's General Fund bv property owners located within the citv in
the fiscal vear iust ended. divided bv the ratio of ad valorem taxes paid to the Countv's General
Fund bv property owners located '.vithin the City during the fiscal year endinQ September 30,
2008.
6. A $500,000 payment due shall be paid to the City not later than March 31 of each
fiscal year. The remainder of the annual payment shall be paid not later than September 30 of
2
Agenda Item No. 16D21
November 18, 2008
Page 9 of 9
each fiscal year; this remainder payment shall be computed using the ratio identified in Section 5
above.
7. All notices required under this Agreement shall be directed to the following
offices:
For the County:
Office of the County Manager
3301 East Tamiami Trail
Naples, Florida 34112
For the City:
Office of the City Manager
735 Eighth Street South
Naples, Florida 34]02
8. With respect to the subject matter herein, this Agreement is the entire agreement
between the parties, superseding all previous oral and written representations, understandings,
and agreements between the parties. This Agreement can only be changed by a writing signed
by both parties. The County shall record this Agreement at its sole cost in the Public Records of
Collier County.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
ATTEST:
CITY OF NAPLES
Tara A. Norman, City Clerk
By:
BILL BARNETT, MAYOR
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COMM]SSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
TOM HENNING, CHA]RMAN
Approved as to form
and legal sufficiency:
Approved as to form and
legal sufficiency:
Jeffrey A. Klatzkow
County Attorney
Robert D. Pritt, City Attorney
,
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