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Agenda 04/25/2023 Item #10A (To approve a Sixth Amendment to extend the Financing Contingency Period)04/25/2023 EXECUTIVE SUMMARY Recommendation to approve a Sixth Amendment to the Long-Term Lease and Operating Agreement for the Golf and Entertainment Complex (the "Lease") with CC BSG Naples, LLC ("BigShots") to Extend the Financing Contingency Period to June 30, 2023. OBJECTIVE: To approve a Sixth Amendment to extend the Financing Contingency Period. CONSIDERATIONS: On May 25, 2021, the Board approved a Lease agreement with BigShots to develop and construct a golf and entertainment complex at the site of the former Golden Gate Golf Course property. More specifically, Article 4 of the Lease provides for a limited duration Financing Contingency Period, which the parties mutually agreed to extend through five previous amendments to the Lease. The last such amendm ent extending the financing contingency period will expire on April 30, 2023. Article 4 of the Lease allows the County to extend the Financing Contingency Period. BigShots is requesting another extension for good cause and I recommend that the attached proposed Sixth Amendment to the Lease be approved by the Board. The attached proposed Sixth Amendment amends Article 4 by further extending the contingency period through June 30, 2023. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -JAK RECOMMENDATION: To approve the attached Sixth Amendment to the Long-Term Lease and Operating Agreement for the Golf and Entertainment Complex with CC BSG Naples, LLC to Extend the Financing Contingency Period, and authorize the Chair to sign the attached Sixth Amendment. Prepared by: Burt Saunders, Commissioner, District 3 ATTACHMENT(S) 1. Sixth Amendment to Lease and Operating Agreement - BigShots - COA stamped (PDF) 10.A Packet Pg. 208 10.A.1 Packet Pg. 210 Attachment: Sixth Amendment to Lease and Operating Agreement - BigShots - COA stamped (24841 : Sixth Amendment to Long Term Lease & 10.A.1 Packet Pg. 211 Attachment: Sixth Amendment to Lease and Operating Agreement - BigShots - COA stamped (24841 : Sixth Amendment to Long Term Lease & 10.A.1 Packet Pg. 212 Attachment: Sixth Amendment to Lease and Operating Agreement - BigShots - COA stamped (24841 : Sixth Amendment to Long Term Lease & 10.A.1 Packet Pg. 213 Attachment: Sixth Amendment to Lease and Operating Agreement - BigShots - COA stamped (24841 : Sixth Amendment to Long Term Lease &