Backup Documents 04/25/2023 Item #10A ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 0 A
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 mod` 5/5
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is 'ready 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 unty Attorney Office.
Route to Addressee(s) (List in routing Office Initials Date
order)
1. County Attorney Office County Attorney Office
W(d3 V2/z.3
2. BCC Office Board of County Commissioners
416
3. Minutes and Records Clerk of Court's Office 15' 5
/3/23
114CI- 5-3 73 q
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 Jennifer Belpedio, Manager,Real Property Phone Number 252-8780
Contact/ Department Copy to: Paula Brethauer,County Manager's Office
Agenda Date Item was April 25,2023 Agenda Item# 10A
Approved by the BCC
Type/Name of Document 6th Amendment to BigShots Naples LLC Long-term Number of
Attached Lease and Operating Agreement Original 1
Documents
Attached
Account string if document
is to be recorded ✓ CM 001-100110 yes'
Au- AI?)
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 signatu 9 STAMP OK 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
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 PJB
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 PJB
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip PJB
should be provided to the County Attorney Office at the time the item is input into SIRE.
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 as stated above,and all changes made PJB N/A is not
during the meeting have been incorporated in the attached document. The County an option for
Attorney's Office has reviewed the changes,if applicable. 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 0/firp, an option for
Chairman's signature. ( 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
1OA
SIXTH 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 SIXTH 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 April, 2023, 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 c/o 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."
WITNES SETH
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 14, 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 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, on January 25, 2022, the Lessee entered into a Fourth Amendment to the Lease
extending the Financing Contingency period set forth in Article 4 of the Lease through and including
February 28, 2022, 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, on October 25, 2022, the Lessee entered into a Fifth Amendment to the Lease
extending the Financing Contingency period set forth in Article 4 of the Lease through and including
April 30, 2023, 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
INSTR 6401565 OR 6246 PG 276
RECORDED 5/11/2023 9:17 AM PAGES 4
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$35.50 CA13
10*
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 June 29,
2023.
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.
2. Article 4 of the Lease shall be amended and replaced with the following:
Financing Contingency. Lessee shall have sixty additional days through and including June 29,
2023, ("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 giving Lessor notice of termination prior to the expiration of the Contingency
Period.
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.
CAO
2
i 0 A
IN WITNESS WHEREOF, the Lessee and Lessor have hereto executed this Sixth Amendment the
day and year first above written,with an effective date of April 25, 2023.
AS TO THE LESSOR:
ATTEST:
Crystal K. Kinzel, Clerk of the BOARD OF COUNTY COMMISSIONERS,
Circuit Court and Comptroller COLLIER CO'U�NTY,FLORIDA
BY: W BY:fil
, Deputy Clerk Rick LoCastro, Chairman
Attest as to Chairman's
signature only
Approved as to form and legality:
24."
Scott R. each
Deputy County Attorney
CAO
3
1OA
AS TO THE LESSEE:
CC I3SG Naples, LLC, a Nevada limited
liability company
\-q),\')11),)&V,' ‘,4(;:t.:A
Witness (signature) Emily Decker, Secretary
'rn e\14A\ 1r\\VM Date: `\151; _Th
(print name)
Witness (signature)
Claire, z
(print name)
Cho