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Backup Documents 04/25/2023 Item #16F 3 Proposed Agenda Changes 0bumd of County Commissioners Meeting April 25, 2023 Move Item 17Bt*9l0; A Resolution of the Board of County Commissioners proposing an amendment to the Collier County Growth Management Plan, Ordinance 89-05, as amended, specifically amending the Future Land Use Element and Future Land Use Map and Map Series to add the US 41 East Overlay to allow certain economic development uses within the Corridor segments; and, allow increased height and density, and certain economic development uses in Regional Centers and Community Centers through incentives, and amending the Transportation Element and maps to expand the South US 41 Transportation Concurrency Exception Area, and furthermore directing transmittal of the proposed amendment to the Florida Department of Economic Opportunity. [PL2D23OOOO930] (Commissioner|LuCmutnm'x,McDumi*l`*, BKu/t`m, Kovpml,m, and Saunders' Separate Requests) Move Item 17F tw0C: An Ordinance of the Board of County Commissioners amending Ordinance 89-05, as amended,the Collier County Growth Management Plan of the unincorporated area of Collier County, Florida, relating to the Rural Fringe Mixed Use District Restudy and specifically amending the Future Land Use Element and the Future Land Use Map and map series to require transfer of development rights for comprehensive plan amendments for increased residential density in the Urban Mixed Use District and the Rural Fringe Mixed Use District; amending the Urban Mixed Use District, Urban Residential FringeSub'district to remove the density bonus cap on Residential In-Fill and remove the requirement to use transfer of development rights within one mile of the urban boundary; and amending the Rural Fringe Mixed Use District of the Future Land Use Element to change development standards and requirements, increase density on Receiving Lands for affordable housing, add transfer of development rights credits, add uses in Receiving Areas, and add a conditional use for recreation in Sending Lands, and to amend development standards for rural villages; and create the Belle Meade Hydrologic Enhancement Overlay; and to correct the scrivener's error for the Immokalee Road Rural Village Overlay on the Future Land Use Map; and furthermore, directing transmittal of the adopted amendments to the Florida Department of Economic Opportunity and providing for an effective date. [PL20200002234] (Commissioner McDuoie}`u and Hull's Separate Requests) Move Item 16C7 to lIDC: *** This Item continued from the December \O, 2022 BCC Meeting. *** Recommendation to approve an Agreement for Sale and Put-chase with WISC Investment Company, LLC, for 0.39 acres Linder the Conservation Collier Land Acquisition 9no�ruou, utu cost not to exceed $43Z,60V, (0to��x Request) Move Item 16F3 tmKIF: Recommendation tu approve a Fifth Amendment tn the Facilities Management Agreement 21-7898 with Sports Facilities Management, LLC to amend the budget to reflect the increased cost of goods from $48O,928to $OQ9,365, increased revenues from $l,389,743to$1,9Z2,474, authorize the Chairman tu siBntheamendmentandauthorizeu|( necessarybud8etannendments. {CwmuomioyiouerMcDamie{`moud L*oumtro`u Separate Requests) }~ Item I8F formzerlv 10F3 to be heard iumnme8iukelv following 5A/ (CumummimuiouerMoDuuiel`n request) Move Item 16C5toIKG: Recommendation to approve the Second Amendment to Agreement No. 15-6365 for "FEMA Acceptable Debris Removal for Disaster Generated Debris" with AshBritt, Inc., d/b/a AshBritt Environmental, to increase the fee schedule rates 7%, effective on the renewal date of January 12, 2023, and authorize the Chairman to sign the amendment. (Commissioner Mc0`uniei,nKX*guext) Item lOAtobc heard utl0:00AM: Recommendation tn approve a Sixth Amendment to the Long-Term Lease and Operating Agreement for the Golf and Entertainment Complex (the "Lease") with C[ B6G Naples, LLC ("BigShots") to Extend the Financing Contingency Period to June 30, 2023, (Commissioner Saunders' Request) Item l2Atwbo heard mo sooner than 3:00PM: Recommendation to approve and authorize the Chairman 0a execute u Mediated Settlement Agreement with La Minnesota Riviera, LLC, and the Riviera Golf Estates Ronneovvucrs Association, Inc., for settlement o[u Bert Harris Claim filed pursuant to Florida Statutes $70.U0l, related toapplication of the County`a Golf Course Conversion Ordinance on the Riviera Golf Course. (BkuD~V Request) SEE REVERSE SIDE Continue Item 16D1 to the May 9, 2023,BCC Meeting: Recommendation to authorize a Budget Amendment in the amount of$100,000 to transfer funding within the County-Wide Capital Fund (301)to continue funding eBook collections to meet patron demand for digital resources and materials for Collier County Public Libraries. (Commissioner McDaniel's Request) Notes: TIME CERTAIN ITEMS: Item 11F formerly 16F3 to be heard immediately following 5A: Fifth Amendment to the Management Agreement with Sports Facilities Management, LLC to amend for cost of goods sold. Item 10A to be heard at 10:00 AM: Sixth Amendment to the Long-Term Lease and Operating Agreement with CC BSG Naples LLC. Items I1B, 1IC, and IID to be heard no sooner than 2:30 PM: First Amendment to Developer Agreement with Rural Neighborhoods, Long-Term Ground Lease with Rural Neighborhoods,and State Housing Initiative Partnership Sponsor Agreement for construction of rental housing units at the Golden Gate Golf Course. Item 12A to be heard no sooner than 3:00 PM: Mediated Settlement Agreement for settlement of a Bert Harris Claim regarding the Riviera Golf Course. 4/25/2023 I2:52 PM ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO -9_3 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** 1b F 3 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. 2. 3. County Attorney Office County Attorney Office 5 S �>�.3 Sc( --v p-i 4. BCC Office Board of County Q 5/9/8 � 3 Commissioners j\ / 5. Minutes and Records Clerk of Court's Office / iM 5-3-2�3 q= 51 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 missin info atio . Name of Primary Staff l'Ai5 ti - Phone Number Contact/Department c \�\�r f 5-7 C Agenda Date Item was u Agenda Item Number Approved by the BCC t—�-J —��� 1(0, T C . Type of Document(s) �,�,� Number of Original A�Attached 4\(\\. A-AN ��(�� Documents Attached PO number or account . g�*__4c__\\1i,\\J._. q 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. ( App icable) 1. Does the document require the chairman's original signature(instead of stamp)?Si;jlInitial) 2. Does the document need to be sent to another agency for additional signatures? If yes, � 71' provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. T� 3. Original document has been signed/initialed for legality. (All documents to be signed by 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 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. �l�^ 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 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 onc{- -4.3 and all changes made during N/A is not the meeting have been incorporated in the attached document. The County Attorney an option for Office has reviewed the changes,if applicable. this line. _ 9. Initials of attorney verifying that the attached document is the version approved by the Say N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the � option for Chairman's signature. Y) is line. 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 16F3 FIFTH AMENDMENT TO FACILITIES MANAGEMENT AGREEMENT THIS FIFTH AMENDMENT TO FACILTIES MANAGEMENT AGREEMENT (the "Amendment"), is entered into on this ,1,5},day of April 2023, 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 (the "Facility") dated November 12,2021 (the"Agreement"),which is incorporated by reference and made a part hereof to this Fifth Amendment;and WHEREAS, the County and the Manager entered into an administrative Amendment to the Agreement on November 29, 2021, to clarify the commencement date of the Agreement and correct a scrivener's error pertaining to the reimbursement rate for mileage-related expenses;and WHEREAS, the County and the Manager further amended 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 further amended 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 County and the Manager further amended the Agreement on June 28, 2022, 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) present an updated Fiscal Year 2022 to 2023 budget for County approval as required by the Agreement;and WHEREAS, the Parties both desire and agree that the Agreement should be further amended to amend the Fiscal Year 2022-2023 budget to reflect the increased cost of goods and revenue earned. NOW, THEREFORE, in consideration of the covenants and agreements provided within the Agreement,as amended,and other valuable consideration,County and the Manager agree as follows: 1. The above recitals are incorporated into this Fourth Amendment as if fully set forth herein. 2. Exhibit D-2, 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 as most recently reflected in Exhibit D-1 to the Agreement. 3. Exhibit E-2, Pro Forma, is attached hereto, and is agreed upon and adopted by the Parties and incorporated into the Agreement, and supersedes the existing Exhibit E-1, Pro Forma, and CAQ CAO 16F3 any prior proposed or estimated operating budget for Fiscal Year 2022-2023. Exhibit E-2 reflects the incorporated revisions shown in the attached Exhibit D-2 revised Fiscal Year Operating Budget for Fiscal Year 2022-2023. 4. Except as further provided herein, the Agreement, as previously amended, remains in full force and effect according to the terms and conditions contained therein. IN WITNESS WHEREOF, the County and the Manager have hereto executed this Fifth Amendment to the Facilities Management Agreement on the day and year first above written. AS TO THE COUNTY: ATTEST: Crystal K.Kinzel,Clerk of the Circuit BOARD OF COUNTY COMMISSIONERS, Court and Comptroller COLLIER COUNTY, FLORIDA BY: Y" BY: Deputy Clerk Rick LoCastro, Chairman Attest as to Chairman's signature only A rove as to f. LL egality: Ga / Scott R. e.ch Deputy County Attorney 2 CQ1' I F3 •1` iO iHII' ♦1.1\.1(il R ~ports Facilities ? 1anapcmcnt.. i Florida limited v company its: !-oG' Jack Adams i1):Int i iu c 1 I)ate: /1. 13 nc,N ts11211.1uuc (hrint n,+mei CAO I6F' 3 Exhihll I)-2 operating Iludl,ct FY22-23 Estimated Revenue Revenue Year 1 FY22-23 Rcnlal Ilascball/Sollball'Tournaments $25,375 Rental Multi-Purpose Field Tournaments $209,200 • Outdoor Baseball/Soliball $0 Outdoor Soccer $110,251) Outdoor Football $49,656 Outdoor Lacrosse $39,375 Outdoor Field Rental $160,0113 Concerts&Special Events $04,125 Parking $31,501) I(V Parking $0 Adventure/Ziplinc $0 The Factory $35,001) I Iute1 Rebates $25,001) Food& Beverage $796,072 Photography $0 Merchandise $96,838 Sponsorships&Secondary Revenue $250,000 Total Revenue $1,922,474 Expenses Year 1 EV22-23 Rental I tasebal I/.Sollb;ll'l'ottrnaments $472 Rental Multi-Purpose Field Tournaments $83,001) Outdoor Ilaseball/Sollball $0 Outdoor Soccer $7,921) Outdoor Football $810 Outdoor Lacrosse $8,510 Outdoor Field Rental $0 Concerts&Special Events $11 Parking $0 Intel Rebates $0 It Parking $0 GQ'0 ITN 021-7898 16F3 Adventure/Ziplinc $0 The Factory $0 Food&Beverage $300,000 Photography $0 Merchandise $45,324 Sponsorships&Secondary Revenue $35,000 Hourly Labor $352,000 Special Event Equipment Rentals $56,329 Total Cost of Goods Sold $889,366 Business Income $1,033,109 %of Revenue 65% Facility Expenses $54,594 Operating Expense $203,475 Management Payroll $657,280 PayrollTaxes/Benetits/Bonus $155,424 Total Operating Expenses $1,070,773 Net Operating Income ($37,664) Landscaping/Grounds&Maintenance/Utilities 300,621 EBITIIA ($338,286) { 160 ITTI1121-7898 I 6 F 3 Exhibit E-2 Pro Forma 1'.„4 SPORTS FACILITIES Total Revenue& Expenses ' COMPANIES Revenue Year 1-Revlied Year 1-2nd Rev FY22-23 FV22-23 Rental Baseball/Softball Tournaments $73,875 $25,375 Rental Multi-Purpose Field Tournaments $102,400 $209,200 Outdoor Baseball/Softball $0 $0 Outdoor Soccer $63,000 $110,250 Outdoor Football $28,375 $49,656 Outdoor Lacrosse $22,500 $39,375 Outdoor Field Rental $91,476 $160,083 Concerts&Special Events $27,500 $94,125 i Parking $215,625 $31,500 I RV Parking $0 $0 Adventure/Zipline $0 $0 The Factory $42,000 $35,000 Hotel Rebates $113,906 $25,000 Food&Beverage $390,036 $796,072 Photography $0 $0 Merchandise $61,050 $96,838 Sponsorships&Secondary Revenue $150,000 _ $250,000 Total Revenue $1,389,743 $1,922,474 Expenses Year 1 Year 1-2nd Rev FY22-23 FY22-23 Rental Baseball/Softball Tournaments $472 $472 Rental Multi-Purpose Field Tournaments $7,028 $83,000 Outdoor Baseball/Softball $0 $0 Outdoor Soccer $7,920 $7,920 Outdoor Football $810 $810 Outdoor Lacrosse $8,510 $8,510 Outdoor Field Rental $0 $0 Concerts&Special Events $0 $0 Parking $5,625 $0 Hotel Rebates $0 $0 RV Parking $0 $0 Adventure/Ziplino $0 $0 The Factory $7,000 $0 Food&Beverage $117,050 $300,000 Photography $0 $0 Merchandise $30,216 $45,324 Sponsorships&Secondary Revenue $23,061 $35,000 Hourly Labor $224,907 $352,000 Special Event Equipment Rentals _ $56,329 $58,329 Total Cost of Goods Sold $488,920 $809,365 Business Income(Revenue minus COGS) $900,015 $1,033,109 of Revenue 65% 54% Facility Expenses $54,594 $54,594 Operating Expense $203,475 $203,475 Management Payroll $657,280 $657,280 Payroll Taxes/Benefits/Bonus $155,424 $155,424 Total Operating Expenses $1,070,773 $1,070,773 Net Operating Income ($169,958) ($37,664) Landscaping,Grounds and Maintenance,Janitorial 300,621 300,621 EBITDA ($470,679) ($330,206) Deferred Management Incentive Fee $ - $ _ - Footnotes: 1.Projections made on 5 months of actuals,Including not having the now fields available until late Spring.