Backup Documents 08/22/2023 Item #11B ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 1 1
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 routing lines#1 through#2,complete the checklist,and forward to the County Attomey Office.
Route to Addressee(s) (List in routing order) Office Initials Date
2. (Enter your Dept here)
3. County Attorney Office County Attorney Office 5A- /I1/2 1/i/z .
4. BCC Office Board of County RI, by MB
Commissioners (s] 74/23
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 Madison Bird Phone Number 2939
Contact/ Department
Agenda Date Item was 8/22/23 Agenda Item Number I1 B
Approved by the BCC
Type of Document(s) Management Agreement Number of Original
Attached Documents Attached
PO number or account
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)
I. Does the document require the chairman's signature?(stamped unless otherwise stated) MB
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 MB
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 MB
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 MB
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 MB
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_8/22/23_and all changes made N/A is not
during the meeting have been incorporated in the attached document. The County ,5
1 gk.Iop an option for
Attorney 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 .k, an option for
Chairman's signature. 1/ this 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
11B
MANAGEMENT AGREEMENT
PELICAN BAY COMMUNITY PARK
THIS MANAGEMENT AGREEMENT ("Agreement") is made and entered into on this
22 day of fi„9,6 f, 2023 ("Effective Date"), by and between Collier County, a political
subdivision of the State of Florida, hereinafter referred to as the "County," and the Pelican Bay
Foundation, Inc., a Florida not-for-profit corporation,hereinafter referred to as the"Foundation,"
(collectively referred to as the"Parties").
RECITALS:
WHEREAS, the County owns a community park along Vanderbilt Beach Road called
Pelican Bay Community Park(the"Park"); and
WHEREAS, the Foundation is the master property owner's association for the Pelican Bay
Planned Unit Development, that desires to manage a portion of the Park including the tennis
courts and future pickleball courts in addition to its existing powers, rights, and responsibilities;
and
WHEREAS, together with and in consideration for obtaining a use right and possessory
interest in the Premises, the Foundation will make certain capital improvements to the Park to be
owned by the County, including the construction of parking spaces, as well as new tennis and
pickleball courts, and 6,000 sf building, worth an estimated $6 million dollars; and
WHEREAS, the County wishes to allow the Foundation to manage racquet sport activities
for the benefit of the public and defined private usage, including court rentals and tournaments,
under the terms of this Management Agreement; and
WHEREAS, the Parties have determined it is in their respective best interests to approve
the proposed Management Agreement.
WITNESSETH:
NOW, THEREFORE, in consideration of the promises and obligations set forth below,
the County and the Foundation hereby agree as follows:
1. Description of Premises. This Management Agreement is for the Premises
graphically depicted in Exhibit A, and is comprised of 8 tennis courts, 20 pickleball courts, a to
be built 6,000 square foot building to include pro shop/concession/maintenance/restrooms
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("Maintenance Building"), paved parking lot, fencing, landscaping and irrigation, tennis posts,
signage, sound barrier for the pickleball courts, water fountains,benches and seating.
2. Capital Improvements. The Foundation will complete or cause to be completed
capital improvements to the Park as detailed in Exhibit B, which includes but is not necessarily is
limited to, the construction of new tennis courts, pickleball courts, fencing, sound mitigation,
shade and seating areas, a new Maintenance Building, expansion of the existing parking lot,
addition of bike racks, relocation of the existing baseball/softball field, and augmentation of
landscaping (collectively referred to as "Improvements"). The Foundation will coordinate with
the County with respect to the Improvements which shall be constructed in accordance with
plans and specifications approved in writing by the County. If the County and Foundation do not
agree to the Improvements within 180 days of the Effective Date, this Agreement may be
terminated by either party on written notice to the other. The Foundation shall also pay for the
ADA approved artificial turf materials (but not the labor to install such materials) for resurfacing
of the playground that will be renovated by Collier County in the future, which payment shall be
capped at $100,000, which resurfacing shall not constitute part of the Improvements. The
Foundation shall be responsible for all costs associated with the design, permitting and
construction of the Improvements, which construction shall be completed as follows: (1) the
tennis courts and pickleball courts within six (6) months of commencing construction of the
courts; and (2) the remaining Improvements within twelve (12) months of commencing
construction of the remaining Improvements. The completion dates may be extended by the
parties. Upon completion of the Improvements, the County shall own the Improvements_
3. Management. The public shall have access to the Premises. The County shall
allow the Foundation to manage racquet sports activities, which includes the rental, reservation,
instruction, and hosting of events and tournaments on the Premises, all of which uses the County
has found to be in the public's interest. No more than fifty percent(50%) of the pickleball courts
shall be for usage by members of the Foundation. No more than thirty-eight percent (38%) of
tennis courts will be for usage by members of the Foundation. Usage calculations shall be made
during fully occupied periods when no courts are unused. Usage data will be aggregated monthly
for reporting and compliance purposes. The Foundation shall maintain records documenting this
usage and shall comply with all public records laws.
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4. Usage Fees. The Foundation shall charge usage fees for the courts in accordance
with the existing Collier County Parks and Recreation fee policy rates and fees pursuant to
Resolution 2023-87, as may be amended from time to time. All fees received will be retained by
the Foundation.
5. Maintenance. Throughout the term of this Agreement, at its own cost, and without
any expense to the County, the Foundation shall keep and maintain the Premises in good,
sanitary, and neat order, condition, and repair, and shall abide with all applicable law. Such
maintenance and repair shall include, but not be limited to, surface areas, irrigation, netting,
fencing, landscaping, lighting, fountains,benches and seating. If in the opinion of the County the
Premises are not in such compliance, the Foundation will be so advised in writing. If corrective
action is not begun within thirty (30) days of the receipt of such notice and prosecuted diligently
until corrective action is completed, the County may cause the same to be corrected and the
Foundation shall promptly reimburse the County for the expenses incurred. The Foundation shall
resurface the tennis and pickleball courts if needed as reasonably determined by the Parties. The
Foundation shall line and reseal the parking lot if needed as reasonably determined by the
Parties. The County will pay all fees related to all utilities, including, but not limited to, electric,
water, waste water and waste management related to the Premises.
6. Park Rules and Regulations. The Foundation and its members shall at all times
abide by and observe the County Park Rules and Regulations to the extent the County Rules and
Regulations do not conflict with the terms of this Agreement.
7. Use of Premises. The Premises shall be used exclusively for tennis and
pickleball play, and related uses, including without limited to selling concessions, operation of a
pro shop, private/group lessons, leagues, tournaments and other uses related to the operation of a
tennis and pickleball facility. The sale of alcoholic beverages is not permitted, however, the
Foundation may sell alcoholic beverages at special events/tournaments if the Foundation has
obtained the proper licensing/tax permits for such sales and has obtained prior written approval
from the Director of the Parks and Recreation Division, or designee. The Foundation will not: (i)
do or permit to be done in or about the Premises, nor bring to, keep or permit to be brought or
kept in the Premises, anything which is prohibited by or will in any way conflict with any law,
statute, ordinance or governmental rule or regulation which is in force or which may be enacted
or promulgated after the Effective Date of this Agreement; (ii) do or permit anything to be done
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in or about the Premises which will in any way obstruct or interfere with the ability of the
County to operate and maintain the Park; (iii) do or permit anything to be done in or about the
Premises which is dangerous to persons or property; or (iv) cause, maintain or permit any
nuisance in, on or about the Premises or commit or allow to be committed any waste in, on or
about the Premises. At all times during the Term of this Agreement, so long as Foundation is not
in default hereunder, and subject to the shared rights of public use set forth in Section 3 above,
the Foundation will have the exclusive use, occupancy, and quiet enjoyment of the Premises.
8. Lighting of Courts. Tennis courts shall be lit for play until 9PM daily. Pickleball
courts shall not be lit unless approved by the County, however, the Foundation shall construct all
pickleball courts with electrical wiring, conduits, and footings should lighting be appropriate in
the future. If pickleball court lighting is approved by the County and the Foundation, their
installation and maintenance costs shall be the responsibility of the Foundation.
9. Modifications. The Foundation shall not make any modifications, alterations,
additions, or improvements to the Premises or to the Park, except that the Foundation may
construct, alter, remove, repair or relocate upon the Premises those improvements identified in
Exhibit B and all necessary utilities, infrastructure, and related improvements as part of the
capital improvements, without the County's prior written consent. This does not include
maintenance of the Premises. All the personal property shall remain the property of the
Foundation. At the expiration or earlier termination of this Agreement, the Foundation will have
the right to remove all personal property from the Premises.
10. Countv's General Reservations and Representations. The County shall at all
times, retain overall control of the Park. The Foundation shall have the right to install and
maintain security and access control devices and measures within and surrounding the area that
is managed and maintained by the Foundation. Should the County require other out-sourcing to
concessionaires, or public-private arrangements at the Park, the Foundation will be given first
rights of refusal to perform said required duties. This includes, but is not limited to, any
additional tennis or pickleball courts. No provision contained herein shall be interpreted or
construed to prevent or interfere with the County's police powers. To the extent deemed
necessary, County, at its sole discretion, reserves the right to exercise its police powers to
suspend or prohibit the use of the Premises and related ancillary facilities in furtherance of the
general public health, safety, and welfare.
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County represents that: (a) County has the full right, power, and authority to enter into
this Agreement and to perform its covenants for the entire Term created hereby; (b) to the best of
County's actual knowledge, the Premises has adequate required public utilities for the intended
use; (c) to the best of County's actual knowledge, there are no violations of any federal, state,
county or municipal law, code, ordinance, order, regulation, rule or requirement affecting the
Premises, including, but not limited to, those relating to zoning, subdivision, environmental,
building, fire and health, and no notice asserting any violation has been received by County; (d)
there is no pending or, to the best of County's actual knowledge, threatened litigation affecting
the Premises; (e) there is no pending or, to the best of County's actual knowledge, threatened
condemnation or similar proceedings affecting the Premises; (f) there are no leases, tenancies,
licenses or other rights to occupancy or management or use for any portion of the Premises; (g)
there are no existing or pending agreements of sale, options to purchase or rights of first refusal
with respect to all or any portion of the Premises; (h) there are no management, labor, collective
bargaining, service, equipment, maintenance or other management agreements affecting the
Premises; (i) there are no liens affecting the Premises and the County will not allow any liens to
be filed against the Premises or any of the Foundation's improvements or personal property
during the term of this Agreement; (j) County has made no commitments for dedications,
payments or other transfers which are binding on the Foundation or the Premises; and (n)
County has not received notice, inspection, or report claiming any defects or deficiencies in the
Premises that has not been corrected.
11. insurance. As long as the insurance coverages set forth in this paragraph are
available to be obtained by the Foundation, the Foundation shall, at its own expense, secure and
deliver to the County not less than thirty (30) days prior to the Effective Date of this Agreement
and shall keep in force at all times during the term of this Agreement: (i) Commercial general
liability insurance on an occurrence-based policy in form reasonably acceptable to the County,
including property damage, covering its activities hereunder, in an amount not less than One
Million Dollars ($1,000,000) for bodily injury and One Million Dollars ($1,000,000) for property
damage, Two Million Dollars ($2,000,000) aggregate, and at least five million dollars
($5,000,000) umbrella coverage and broad form property damage. The Foundation will name the
County as Additional Insured, for ongoing operations, with a waiver of subrogation. All
insurance companies providing coverage under this Agreement, shall be licensed to do business
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in the State of Florida and have an A.M. Best "A" rating." The coverage must be primary and
non-contributory. If the Foundation permits a third party to host an event on the Premises or
perform work on the Premises (such as a contractor or subcontractor), the County will require
that the third party provide comprehensive liability insurance coverage for all of its activities on
the Premises and with such insurer and coverage amounts required by the County. The third
party will be required to list the County and the Foundation as additional insured for all such
insurance coverage and shall provide County with written proof of said coverage before
commencing any of the activities permitted under this Agreement.
12. Indemnification. The Foundation shall indemnify, defend and hold harmless
"Collier County, Florida, a political subdivision of the State of Florida ", and its officers,
directors, agents, and employees from and against any and all claims, losses, demands, loss,
liabilities, costs, expenses (including reasonable attorneys' fees) causes of action, suits, or
judgments from (i) any failure by the Foundation to perform its obligations hereunder, or(ii) any
accident, illness, injury, or for death to persons or for loss of or damage to property arising out
of, or in connection with, the use and occupancy of the Premises managed or maintained by the
Foundation, its officers, agents, sub-contractors, employees, participants or invitees. In the event
such a claim is made, or suit is filed, the County shall give the Foundation written notice thereof,
and the Foundation shall defend or settle same at its sole expense. To the extent permitted by
law, and as limited and pursuant to the provisions of Section 768.28, Florida Statutes, the
County shall indemnify, defend and hold harmless the Foundation for all claims, losses,
demands, loss, liabilities, costs, expenses (including reasonable attorneys' fees) causes of action,
suits, or judgments from (i) any failure by the County to perform its obligations hereunder, or(ii)
any accident, illness, injury, or for death to persons or for loss of or damage to property arising
out of, or in connection with, the use and occupancy of areas of the Park outside the direct
management and maintenance of the Foundation.
13. Term. The term of this Agreement and shall commence on the date the County
authorizes the Foundation to take possession of the Premises, and unless terminated earlier by
the Parties, shall terminate on the 30t' year anniversary of the date the Foundation completes
construction of the tennis and pickleball courts("Term"). One year prior the end of the Term or
any renewal term, the County or Foundation shall provide written notice indicating that Party's
intent to either (i) renew the Agreement on the same terms and conditions hereof, for an
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additional fifteen (15) year term or (ii) terminate the Agreement at the end of the Term (or any
renewal term as applicable).
14. Default. Failure of the County or Foundation to comply with any material
covenant or condition of this Agreement, which failure is not commenced to be cured within
ninety (90) days from receipt of written notice and prosecuted diligently until corrective action
is completed shall constitute a default, whereby the non-defaulting party may at its option,
terminate this Agreement by giving the defaulting party thirty (30) days written notice unless the
default is corrected within the thirty (30) day notice period (or such additional time as is agreed
in writing by the non-defaulting party as being required to correct such default). As an
alternative, if the defaulting party does not timely cure the default, the remedy of specific
performance may be utilized. Should the County elect to terminate this Agreement due to the
Foundation's breach, there will be no reimbursement to the Foundation for the cost of the
Improvements. Should the Foundation elect to terminate this Agreement due to the County's
breach, the County shall reimburse the Foundation for the cost of the Improvements less 1/360th
per month that this Agreement has been in effect.
15. Termination for Convenience. Either Party may terminate this Agreement at any
time with or without cause with thirty (30) days' written notice. If this Agreement is terminated
for convenience by the County, the County shall pay to the Foundation the cost of the
Improvements less 1/360th per month that this Agreement has been in effect. If this Agreement is
terminated by the Foundation, the County shall not be responsible for any costs associated with
the Improvements.
16. Casualty. The County shall carry casualty insurance for the replacement value of
the improvements. If all or part of the Improvements are destroyed or damaged to any extent, as
reasonably determined by the County, by fire or other casualty, the County shall restore the
Improvements to substantially their condition prior to such casualty event, unless otherwise
mutually agreed upon by the Parties. Notwithstanding the foregoing, if the casualty damage
occurs during the last three (3) years of the Term of this Agreement, the County will have the
option not to restore and to instead remove all debris and remaining personal property at the
County's expense, and to terminate this Agreement. Should the County elect to terminate this
Agreement, the County shall reimburse the Foundation for the cost of the Improvements less
1/360th per month that this Agreement has been in effect.
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17. Legal Notices. Notices hereunder shall be given in writing to the Parties set forth
below and shall be made by hand delivery, overnight delivery or by regular mail. If given by
hand delivery or regular mail, the notice shall be deemed to have been given when actually
received. Notice shall be deemed to have been received on the next successive business day to the
date of the courier waybill if sent by nationally recognized overnight delivery service. For the
purpose of calculating time limits which run from the giving of a particular notice the time shall
be calculated from receipt of the notice. Time shall run only on business days which, for
purposes of this Agreement shall be any day other than a Saturday, Sunday or legal public
holiday. Any notices required or permitted to be given under this Agreement shall be addressed
to the parties at the addresses set forth below:
COUNTY: County Manager
Collier County Manager's Office
3299 East Tamiami Trail, Suite 202
Naples, Florida 34112
FOUNDATION: Pelican Bay Foundation, Inc.
Attn: Jim Hoppensteadt
6251 Pelican Bay Blvd.
Naples, Florida 34108
Each party to this Agreement has the affirmative duty to notify the other party hereto in
writing of any change in the address provided above. Failure to do so will excuse any failure to
receive timely notice that has been sent to the address provided herein.
Legal Matters
18. The burdens of this Agreement shall be binding upon, and the benefits of this
Agreement shall inure to, all successors in interest to the Parties to this Agreement.
19. The Parties acknowledges that the failure of this Agreement to address any
permit, condition, term, or restriction shall not relieve the Parties, or their successors or assigns,
of the necessity of complying with any law, ordinance, rule, or regulation governing said
permitting requirements, conditions, terms or restrictions.
20. In the event state or federal laws are enacted after the execution of this
Agreement,which are applicable to and preclude in whole or in part the Parties' compliance with
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the terms of this Agreement, then in such event this Agreement shall be modified or revoked as
is necessary to comply with such laws, in a manner which best reflects the intent of this
Agreement.
21. The Foundation shall execute this Agreement prior to it being submitted for
approval by the Collier County Board of County Commissioners. This Agreement shall be
recorded by the Foundation, at its sole cost and expense, in the Official Records of Collier
County, Florida, within fourteen (14) days after the County enters into this Agreement. A copy
of the recorded document will be provided to the County within fourteen (14) days of recording.
22. This Agreement shall be governed by and construed under the laws of the State of
Florida. The Parties shall attempt in good faith to resolve any dispute concerning this Agreement
through negotiation between authorized representatives. If these efforts are not successful, the
Parties shall utilize the County's Alternative Dispute Resolution procedure to address any
disputes. This Agreement may be enforced by the Parties in any manner authorized by law but
the only remedies a party may seek are specific performance for violation of the terms and
conditions of this Agreement, or termination as set forth elsewhere in this Agreement. Each
party shall bear its own costs and attorney's fees related to this matter.
23. This Agreement is personal to each party, and the rights and interests hereunder
may not be sold, transferred, or assigned, in whole or in part, without the prior written consent of
the other Party, which such other Party may deny in its sole discretion.
24. There are no third party beneficiaries to this Agreement.
25. This Agreement constitutes the entire agreement between the Parties with respect
to the activities noted herein and supersedes and takes the place of any and all previous
agreements entered into between the Parties hereto relating to the transactions contemplated
herein. All prior representations, undertakings, and agreements by or between the Parties hereto
with respect to the subject matter of this Agreement are merged into, and expressed in, this, and
any and all prior representations, undertakings, and agreements by and between such Parties with
respect thereto hereby are canceled. This Agreement shall only be amended by mutual written
consent of the Parties hereto or by their successors in interest.
26. Nothing contained herein shall be deemed or construed to create between or
among any of the Parties any joint venture or partnership nor otherwise grant to one another the
right, authority or power to bind any other party hereto to any agreement whatsoever.
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27. Except to the extent necessary to construct the Improvements and then only in
accordance with applicable law, the Foundation will not transport, use, store, maintain, generate,
manufacture, handle, dispose, release or discharge any hazardous materials upon or about the
Premises, nor permit employees, representatives, agents, contractors, sub-contractors, sub-sub-
contractors, material men and/or suppliers to engage in such activities upon or about the
Premises.
28. The Foundation will not incur any liability with respect to or be responsible for
any failure to perform or delays in performing any of Foundation's obligations hereunder if such
failure is due to a Force Majeure Event. A "Force Majeure Event" means, but is not limited to,
an act of war; domestic and/or international terrorism; civil riots or rebellions; labor
disturbances, supply shortages, and/or supply chain disturbances; quarantines, embargoes,
moratorium and/or other governmental action; pandemics, epidemics, local disease outbreaks,
public health emergencies; extraordinary elements of nature or acts of God; and/or or other
events beyond the reasonable control of the Foundation. Upon the occurrence of a Force
Majeure Event, (i) the amount of time for Foundation to perform any of Foundation's obligations
shall automatically be extended, without further action required by either party,by the amount of
time Foundation is delayed in performing such obligation, and (ii) the County shall not be
entitled to any damages nor shall any such delay, failure or interruption in Foundation's
performance abate or suspend the County's obligations required by this Agreement.
29. If any term, covenant, or condition of this Agreement or the application thereof to
any person or circumstances will, to any extent, be deemed lawfully invalid or unenforceable, the
remainder of this Agreement or the application of such term, covenant, or condition to persons or
circumstances other than those as to which it is held to be invalid or unenforceable, will not be
affected thereby and each term, covenant, and condition of this Agreement will be valid and
enforced to the fullest extent permitted by law.
30. This Agreement may be signed in counterparts.
IN WITNESS WHEREOF, the Parties hereto have set their hands and seals the day and
year first above written.
FOR THE COUNTY:
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11B
BOARD OF COMMISSIONERS
COLLIER COUNTY, FLORIDA
ATTEST: .. t,,)rza
CRYStAS.'IK:•I 1.1EL, Clerk
ktuit.A.,
a
BY By: <9"------ ____„._
Attest as to': rcr i 7 11ty Cl Rick Lo astro, Chairman
it, signatur any!..•
-
Appr•i e' as • •rm
and 1=:fait • r
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I a m
Jeffrey 11. . zkow
Count • tto -y
WITNESSES: PELICAN BAY FOUNDATON, INC.,
a Florida not-for-profit corporation
____ By.
Signature
Print Name Name& Title
f C1nftirMi o-C &. 15OQa12
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Signature
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Ififd a n (ie 110/er
Print Name
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Pelican Bay Community Park Proposed Improvements
As part of the Management Agreement, the Pelican Bay Foundation will:
• Expand the existing parking by at least 30 parking spots with bike racks and
landscaping.
• Demolish existing concrete racquetball / handball court and small building to
accommodate 2 new Har-Tru (clay) courts.
• Construct 2 new Har-Tru tennis courts with new irrigation, fencing, lighting, shaded
seating, and landscaping.
• Completely refurbish the existing 6 clay courts including irrigation and fencing as
necessary.
• Relocate the baseball / softball backstop to the northeast corner of the green space.
• Build 20 new pickleball courts with fencing, noise mitigation, shaded seating, electrical
conduit for lighting, but no lighting erected, and landscaping.
• Build a new publicly accessible pro shop with restrooms and court maintenance space.
• Fund, on a one-time basis, the surface to provide accessibility/ inclusion of the
existing playground.
Exhibit
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