Backup Documents 01/25/2022 Item #16F2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6!"c
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THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
** ROUTING SLIP**
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routin&lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office SRT 1/25/22
4. BCC Office Board of County W M
Commissioners /S //aMAG),
5. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above may need to contact staff for additional or missing information.
Name of Primary Staff Geoffrey Willig Phone Number 252-8369
Contact/Department County Manager's Office
Agenda Date Item was 1/25/22 ,/ Agenda Item Number 16F2 ✓
Approved by the BCC
Type of Document(s) 4t Amendment to Long-Term Lease& Number of Original 1
Attached Operating Agreement—BigShots Documents Attached
PO number or account N/
number if document is /�
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature(instead of stamp)? n/a
2. Does the document need to be sent to another agency for additional signatures? If yes, n/a
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legality. (All documents to be signed by SRT
the Chairman,with the exception of most letters,must be reviewed and signed by the
Office of the County Attorney.)
4. All handwritten strike-through and revisions have been initialed by the County Attorney n/a
Office and all other parties except the BCC Chairman and the Clerk to the Board.
5. The Chairman's signature line date has been entered as the date of BCC approval of the SRT
document or the fmal negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SRT
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip n/a
should be provided to the County Attorney Office at the time the item is uploaded to the
agenda. Some documents are time sensitive and require forwarding to Tallahassee within a
certain time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 1/25/22 and all changes made during the SRT
meeting have been incorporated in the attached document. The County Attorney
Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the SRT/wr
BCC,all changes directed by the BCC have been made,and the document is ready for the
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04;Revised 1.26.05;2.24.05;11/30/12;4/22/16;9/10/21
16F2
Ann P. Jennejohn
From: Ann P.Jennejohn
Sent: Thursday,January 27, 2022 11:45 AM
To: WilligGeoffrey
Subject: BigShots Amendment #4 (Item #16F2 1-25-22 BCC Meeting)
Attachments: Backup Documents 01_25_2022 Item #16F2.pdf
Good Moring Geoff,
Please find the attached for
your records.
Thank you.
Ann Jennejohn
I3MR Senior Deputy Clerk II
4 k n k, Clerk to the Value Adjustment Board
Office: 23 9-252-8406
Fax: 239-252-8408 (if applicable)
•
Ann.Jennejohn@CollierClerk.com
"•,, A Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3299 Tamiami Trail, Suite #4O1
Naples, FL 34112.-5324
www.CollierClerk.com
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FOURTH AMENDMENT TO COLLIER COUNTY STANDARD FORM
LONG-TERM LEASE AND OPERATING AGREEMENT
FOR THE
GOLF AND ENTERTAINMENT COMPLEX
TO EXTEND THE FINANCING CONTINGENCY PERIOD
THIS FOURTH AMENDMENT TO THE COLLIER COUNTY STANDARD FORM LONG-
TERM LEASE AND OPERATING AGREEMENT FOR THE GOLF AND ENTERTAINMENT
COMPLEX TO EXTEND THE FINANCING CONTINGENCY PERIOD(the"Amendment"),is entered
into this 25th day of January, 2022, by and between CC BSG Naples, LLC, a Nevada limited liability
company, registered to do business in the State of Florida, whose mailing address is 3030 LBJ Freeway,
Suite 600, Dallas, Texas 75234, hereinafter referred to as "Lessee or BigShots," and Collier County, a
political subdivision of the State of Florida, whose mailing address is do Real Property Management,
3335 Tamiami Trail East, Suite 101, Naples, Florida 34112, hereinafter referred to as "Lessor or
County,"collectively referred to as the"Parties."
WITNESSETH
WHEREAS, the Lessor and Lessee have previously entered into a Lease Agreement dated May
25, 2021, hereinafter referred to as the "Lease," which is incorporated herein by reference and is made a
part hereof this Amendment; and
WHEREAS,on September 13,2021,the Lessee and Lessor entered into a First Amendment to the
Lease extending the Financing Contingency period set forth in Article 4 of the Lease to the earlier of
October 31,2021, or the delivery of a loan commitment letter from the Lessee's lender,with an effective
date of September 1,2021;and
WHEREAS,on October 12,2021,the Lessee and Lessor entered into a Second Amendment to the
Lease to amend and clarify the legal description of the leased premises;and
WHEREAS,on October 26, 2021, the Lessee and Lessor entered into a Third Amendment to the
Lease extending the Financing Contingency period set forth in Article 4 of the Lease through and
including November 30, 2021, with the provision that the Lessor could further extend the financing
contingency period provided that the Lessee is diligently pursuing its financing for the project;and
WHEREAS, the Lessee previously informed the Lessor that it received and executed a loan
commitment letter with its local lending partner, and has been diligently seeking to conclude its financing
for the project but the Lessee requires additional time to complete the loan closing with its lender due to
an unexpected title issue that has been discovered related to the property; and
WHEREAS,the Parties are desirous of further amending the Lease to allow for a further extension
of the Financing Contingency period set forth in Article 4 of the Lease through and including February
28,2022.
NOW, THEREFORE, in consideration of the covenants and agreements provided within the
Lease,and Ten Dollars($10.00)and other valuable consideration,the Lease is hereby further amended as
follows:
1. The above recitals are incorporated into this amendment as if fully set forth herein.
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2. Article 4 of the Lease shall be amended and replaced with the following:
Financing Contingency. Lessee shall have through and including February 28, 2022,
("Contingency Period")to secure financing for construction of the BigShots Facility. Lessor may,
at the request of Lessee, and provided Lessee is diligently pursuing such financing, extend the
Contingency Period. In the event Lessee is unable to secure financing on terms acceptable to
Lessee in its sole discretion, Lessee shall have the right to terminate this Lease without penalty by
givingLessor notice of terminationprior to the expiration of the Contingency Period.
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3. Except as expressly provided herein, the Lease remains in full force and effect according to the
terms and conditions contained therein, and said terms and conditions are applicable hereto except as
expressly provided otherwise herein.
Signatures appear on the following page.
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IN WITNESS WHEREOF, the Lessee and Lessor have hereto executed this Fourth Amendment
the day and year first above written, with an effective date of January 25,2022.
AS TO THE LESSOR:
ATTEST:
Crystal K.Kinzel,Clerk of the BOARD OF COUNTY COMMISSIONERS,
Circuit Court and Comptroller COLLIER COUN - -! t DA
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I .Y: i . , BY: r
{ % _ �� Willia L. McDaniel,Jr., Chair
.�, Attes s � a rk �
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,'pro ed as to for d egality:
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Sco 11) Teach
Deputy County Attorney
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AS TO THE LESS •
CC G apl s, LL a evada limited liability
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Witne s(signature) David Pillsbury, Presid t
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(print name) Date: 01— l .— a0
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Witness (sign)
(print name)
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