Backup Document 06/28/2022 Item #11C ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 1 C
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
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.
**NEW** 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 routing 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. County Attorney Office County Attorney Office
2. BCC Office Board of County
Commissioners (,Igrl ht./oISI 7/3/22_
3. Minutes and Records Clerk of Court's Office 2
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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 p Phone Number
Contact/ Department � 'n�c z-�'" L 5 70 S
Agenda Date Item was -�✓� Agenda Item Number
Approved by the BCC 5� �— a� d. O 3,d- 1
Type of Document ✓Number of Original
Attached Documents Attached
PO number or account ��•JI
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?(STAMP OK) .[L 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 legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed S
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's 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
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required. -
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE. �L
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 above date and all changes made during N/A is not
the meeting have been incorporated in the attached document. The County t;/" an option for
Attorney's Office has reviewed the changes,if applicable. �'�`l`('/ 2 this line.
9. Initials of attorney verifying that the attached document is the version approved by the N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the an option for
Chairman's signature. 5d this line.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
11C
THIRD AMENDMENT TO FACILITIES MANAGEMENT AGREEMENT
THIS THIRD AMENDMENT TO FACILTIES MANAGEMENT AGREEMENT (the
"Amendment"), is entered into on this 28th day of June 2022, by and between Sports Facilities
Management, LLC, a Florida limited liability company (the "Manager"), and Collier County, a
political subdivision of the State of Florida(the"County")(collectively,the"Parties").
WITNESSETH
WHEREAS, the County and Manager previously entered into a Facilities Management
Agreement related to the management of the Paradise Coast Sports Complex dated November
12, 2021 (the "Agreement"), which is incorporated by reference and made a part hereof to this
Third Amendment; and
WHEREAS, the County and the Manager entered into a First Amendment to the
Agreement on February 8,2022,to extend the time period that the Parties could bring a proposed
amendment addressing the possible incorporation of Facility naming rights as an additional
compensated service under the Agreement through and until May 24, 2022, so as to allow the
Parties adequate time to conduct due diligence as to such an arrangement; and
WHEREAS, the County and the Manager entered into a Second Amendment to the
Agreement on May 24, 2022, extending the time period that the Parties could bring a proposed
amendment addressing the possible incorporation of Facility naming rights as an additional
compensated service under the Agreement through and until December 13, 2022, and providing
clarification to the definition of Commercial Rights under the Agreement; and
WHEREAS, the Parties both desire and agree that the Agreement should be further
amended to incorporate revised exhibits that: (1) increase the budget line item for the actual
Cost of Goods Sold by $185,700 (due to the inflationary increased costs of goods and labor), and
(2) to present an updated Fiscal Year 2022 to 2023 budget for County approval as required by
the Agreement; and
WHEREAS, the revisions proposed in the attached updated exhibits are the result of
unanticipated inflationary increases in costs, as well assumptions that were made based on the
anticipated completion of construction of additional features at the Sports Park, including but not
limited to additional recreational fields.,which could have been marketed for additional events.
NOW, THEREFORE, in consideration of the covenants and agreements provided within
the Agreement, and other valuable consideration, the Agreement is hereby amended to increase
the budget line item for the Cost of Goods Sold, and to accept and approve the proposed Fiscal
Year 2022 to 2023 budget for the management of the Paradise Coast Sports Complex, as follows:
1. The above recitals are incorporated into this Third Amendment as if fully set
forth herein.
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tic
2. Exhibit D to the Agreement, the Fiscal Year 2021 to 2022 Operating Budget,
is replaced in its entirety by the attached "Exhibit D-0, Operating Budget -
Revised," which includes an additional $185,700 reflecting the upwards adjusted
Costs of Goods Sold in managing and operating the Paradise Coast Sports
Complex in Fiscal Year 2021-2022 as noted by the strikethrough/addition
notations.
3. Exhibit D-1, the Fiscal Year Operating Budget for Fiscal Year 2022-2023, is
attached hereto, and is agreed upon and adopted by the Parties and incorporated
into the Agreement, and supersedes any prior proposed or estimated operating
budget for Fiscal Year 2022 to 2023.
4. Exhibit E-1, the Pro Forma, is attached hereto, and is agreed upon and adopted
by the Parties and incorporated into the Agreement, and replaces and supersedes
the existing Exhibit E Pro Forma, and the prior proposed or estimated operating
budget for Fiscal Years 2021 to 2022 and 2022 to 2023. Exhibit E-1 reflects the
incorporated revisions shown in the attached Exhibit D-0 Fiscal Year 2021 to
2022 Operating Budget, and the adopted Fiscal Year Operating Budget for Fiscal
Year 2022-2023 shown in attached Exhibit D-1.
5. Except as provided herein, the Agreement remains in full force and effect
according to the terms and conditions contained therein.
IN WITNESS WHEREOF, the County and Manager have hereto executed this Third
Amendment to the Facilities Management Agreement on the day and year first above written.
AS TO TI-IE COUNTY:
ATTEST:
Crystal K. Kiriz'ct eTerk of the Circuit BOARD OF COUNTY COMMISSIONERS,
Court and Comptroller. COLLIER COU e • DA
•
/ 0%0
BY: .1.12t0 BY: —mow-
, Deputy r Wil m L. McDaniel, Jr., Chairman
Attest as to Chairman's .
signs re only.
A .ro ed a to fo d legality:
Sco�' . Teach
Deputy County Attorney
91
2 C`;�
1
AS TO THE MANAGER:
Sports Facilities Management,
a Florida limited I'•bilit company
Witness(si to ure) Tint Name: 3 0,Se Crrier�—{-
(print name) __ Date: l,p: t ' 2 2-
_ --^._
Witness signatu • -.------�
(74
(print name)
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11G
Exhibit D-0,Operating Budget-Revised
FY21-22 Estimated Revenue
Revenue Year 0
FY21-22
Rental Baseball/Softball Tournaments $71,375
Rental Multi-Purpose Field Tournaments $92,999
Outdoor Baseball/Softball $35,000
Outdoor Soccer $6,000
Outdoor Football $10,125
Outdoor Lacrosse $5,900
Outdoor Field Rental $87,846
Concerts&Special Events $25,000
Parking $224,250
RV Parking $0
Adventure//ipline $0
The Factory $35,000
Hotel Rebates $161,315
Food& Beverage $366,712
Photography $15,000
Merchandise $75,540
Sponsorships&Secondary Revenue $125,000
Total Revenue S1,337,062
Expenses Year 0
FY21-22
Rental Baseball/Softball'lournaments $10,706
Rental Multi-Purpose Field Tournaments $13,950
Outdoor Baseball/Softball $12,800
Outdoor Soccer $2,040
Outdoor Football $2,903
Outdoor Lacrosse $1,822
Outdoor Field Rental $4,392
Concerts&Special Events $16,250
Parking $50,456
Hotel Rebates $0
RV Parking $0
0,0
ITN 021-7898
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Adventure/7ipline $0
The Factory $7,000
Food&Beverage 4-90690$200.690
Photography $7,800
Merchandise $52,878
Sponsorships&Secondary Revenue $12,500
Hourly Labor $140,700
Special Event Equipment Rentals $35,000
Total Cost of Goods Sold $571,887
Business Income $765,175
%of Revenue 57%
Facility Expenses $120,489
Operating Expense $156,705
Management Payroll $476,667
Payroll Taxes/Benefits/Bonus $135,764
Total Operating Expenses $889,625
Net Operating Income ($124,450)
Landscaping 140,000
Grounds&Maintenance
Utilities -
F.11I'I'I A ($264,450)
1TN#21-7898
Exhibit U-I Operating Budget
FY22-23 Estimated Revenue
Revenue Year I
FY22-23
Rental Baseball/Softball Tournaments $73,875
Rental Multi-Purpose Field Tournaments $102,400
Outdoor Baseball/Softball $0
Outdoor Soccer $63,000
Outdoor Football $28,375
Outdoor Lacrosse $22,500
Outdoor Field Rental $91,476
Concerts&Special Events $27,500
Parking $215,625
RV Parking $0
Adventure/Zipline $0
The Factory $42,000
Hotel Rebates $113,906
Food& Beverage $398,036
Photography $0
Merchandise $61,050
Sponsorships&Secondary Revenue $150,000
Total Revenue $1,389,743
Expenses Year 1
FY22-23
Rental Baseball/Softball Tournaments $472
Rental Multi-Purpose Field Tournaments $7,028
Outdoor Baseball/Softball $0
Outdoor Soccer $7,920
Outdoor Football $810
Outdoor Lacrosse $8,510
Outdoor Field Rental $0
Concerts&Special Events $0
Parking $5,625
Hotel Rebates $0
RV Parking $0
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ITN#21-7898
Adventure/Zipline $0
The Factory $7,000
Food&Beverage $117,050
Photography $0
Merchandise $30,216
Sponsorships&Secondary Revenue $23,061
Hourly Labor $224,907
Special Event Equipment Rentals $56,329
Total Cost of Goods Sold $488,928
Business Income $900,815
%of Revenue 65%
Facility Expenses $54,594
Operating Expense $203,475
Management Payroll $657,280
Payroll Taxes/Benefits/Bonus $155,424
Total Operating Expenses $1,070,773
Net Operating Income ($169,958)
Landscaping/Grounds&Maintenance/Utilities 300,621
EBITDA ($470,579)
ITN 421-7898 111)
1IC
Exhibit E-1 Pro Forma
in! SPORTS FACILITIES
Total Revenue&Expenses 1 COMPANIES
Revenue Year0 Yrnar1-Ruviseri Year2 Year3 Year4 Year6
FY21-22 FY22-23 FY23-24 FY24-26 FY26-26 FY26-27
Rental Baseball/Softball Tournaments $71,375 $73,875 $621,544 $726,229 $815,524 $845,332
Rental Multi-Purpose Field Tournaments $92,999 $102,400 $188,800 $302,720 $323,840 $406,560
Outdoor Baseball/Softball $35,000 $0 $103,868 $132,280 $146,933 $163,654
Outdoor Soccer $6,000 $63,000 $75,333 $94,946 $104,893 $116,169
Outdoor Football $10,125 $28,375 $33,731 $42,253 $46,532 $51,363
Outdoor Lacrosse $5,900 $22,500 $28,906 $39,259 $44,920 $51,609
Outdoor Field Rental $87,846 $91,476 $167,174 $189,408 $195,090 $210,990
Concerts&Special Events $25,000 $27,500 $30,250 $33,275 $36,603 $40,263
Parking $224,250 $215,625 $448,500 $621,000 $638,250 $741,750
RV Parking $0 $0 $0 $0 $0 $0
Adventure/Zipline $0 $0 $0 $0 $0 $0
The Factory $35,000 $42,000 $44,100 $46,305 $48,620 $51,051
Hotel Rebates $161,315 $113,906 $420,735 $713,125 $769,300 $861,700
Food&Beverage $366,712 $398,036 $1,296,486 $1,575,179 $1,702,753 $1,842,541
Photography $15,000 $0 $357,500 $480,000 $615,000 $680,000
Merchandise $75,540 $61,050 $362,385 $512,715 $587,655 $677,865
Sponsorships&Secondary Revenue $125,000 $150,000 $200,000 $250,000 $250,000 $300,000
Total Revenue $1,337,062 $1,389,743 $4,379,312 $5,758,694 $6,326,913 $7,040,847
Expenses Year 0 Year 1 Year 2 Year 3 Year 4 Year 6
FY21-22 FY22-23 FY23-24 FY24-26 FY26.26 FY26-27
Rental Baseball/Softball Tournaments $10,706 $472 $86,566 $99,704 $110,533 $115,004
Rental Multi-Purpose Field Tournaments $13,950 $7,028 $28,320 $45,408 $48,576 $60,984
Outdoor Baseball/Softball $12,800 $0 $45,460 $54,763 $60,829 $65,907
Outdoor Soccer $2,040 $7,920 $25,219 $30,699 $33,915 $36,929
Outdoor Football $2,903 $810 $9,757 $11,875 $13,078 $14,235
Outdoor Lacrosse $1,822 $8,510 $9,539 $12,955 $14,824 $17,031
Outdoor Field Rental $4,392 $0 $8,359 $9,470 $9,754 $10,549
Concerts&Special Events $16,250 $0 $19,663 $21,629 $23,792 $26,171
Parking $50,456 $5,625 $100,913 $139,725 $143,606 $166,894
Hotel Rebates $0 $0 S0 $0 $0 $0
RV Parking $0 $0 $0 $0 $0 $0
Adventure/Zipline $0 $0 $0 $0 $0 $0
The Factory $7,000 $7,000 $8,820 $9,261 $9,724 $10,210
Food&Beverage $200,690 $117,050 $674,173 $819,093 $885,431 $958,121
Photography $7,800 $0 $185,900 $249,600 $319,800 $353,600
Merchandise $52,878 $30,216 $253,670 $358,901 $411,359 $474,506
Sponsorships&Secondary Revenue $12,500 $23,061 $20,006 $25,000 $25,000 $30,000
Hourly Labor $140,700 $224,907
Special Event Equipment Rentals $35,000 $56,329
Total Cost of Goods Sold $571,887 $488,928 $1,476,359 $1,888,083 $2,110,221 $2,340,141
Business Income(Revenue minus COGS) $766,176 $900,816 $2,902,953 $3,870,611 $4,215,692 $4,700,706
%of Revenue 57% 65% 66% 67% 67% 67%
Facility Expenses $120,489 $54,594 $256,398 $262,863 $273,632 $282,133
Operating Expense $156,705 $203,475 $336,493 $393,148 $418,354 $448,506
Management Payroll $476,667 $657,280 $683,280 $710,611 S739,036 $768,597
Payroll Taxes/Benefits/Bonus $135,764 $155,424 $288,857 $336,886 $358,935 $388,235
Total Operating Expenses $889,625 $1,070,773 $1,565,028 $1,703,608 $1,789,957 $1,887,471
Net Operating Income ($124,450) ($169,958) $1,337,926 $2,167,103 $2,426,736 $2,813,236
Landscaping,Grounds and Maintenance,Janitorial 140,000 300,621 308,700 324,135 340,342 357,359
EBITDA ($264,450) ($470,679) $1,029,226 $1,842,968 $2,086,393 $2,455,876
Deferred Management Incentive Fee $ - $ - $ 635,170 $ 966,841 $ 985,147 $ 1,062,647
Footnotes:
1.Projections basedon estimated phase II opening December 2022 and phase III opening December 2023.
2.Landscaping,grounds&maintenance revised based on quote provided to county.Phase II and phase ill estimated from quote&to be updated annually.