Agenda 09/24/2024 Item #11G (Fourth Extension and Amendment to Agreement No. 17-7152 “Parks and Recreation Pickleball Concessionaire,” with Pickleball Enterprises LLC, d/b/a Naples Pickleball Center)9/24/2024
Item # 11.G.
ID#: 2024-1172
Executive Summary
Recommendation to approve the Fourth Extension and Amendment to Agreement No. 17-7152 “Parks and Recreation
Pickleball Concessionaire,” with Pickleball Enterprises LLC, d/b/a Naples Pickleball Center, to provide a five-year
extension through 2032, clarify agreement terms including public use of courts, maintenance responsibilities, and utility
costs, and authorize the Chairman to sign the attached Amendment.
OBJECTIVE: Recommend approval of the Fourth Extension and Amendment to the Agreement with Pickleball
Enterprises LLC, d/b/a Naples Pickleball Center, to provide a five-year extension and clarify agreement terms.
CONSIDERATIONS: The Pickleball Concessionaire Agreement for East Naples Community Park (ENCP) was
originally approved October 24, 2017, Item 16.D.8. Pickleball Enterprises LLC provides pickleball services year-round
at ENCP.
Pickleball Enterprises LLC has expanded its ownership to include members of Pickleball 4 America and Spirit
Promotions, LLC. The Fourth Amendment is designed to provide a more comprehensive and collaborative approach to
pickleball services at ENCP.
The current Concessionaire Agreement is valid through October 2027. Pickleball Enterprises LLC has worked with staff
to amend and extend the existing Concessionaire Agreement from the current expiration date of October 24, 2027
through October 24, 2032. The Amendment assigns greater maintenance and utility cost responsibility to the vendor
and clarifies several contract provisions that will facilitate operating efficiency. The Fourth Amendment provides the
following:
• The current agreement runs through October 2027. This amendment extends the agreement through October
2032
• Pickleball Enterprises LLC takes on responsibility for all capital maintenance for the pickleball facilities at East
Naples Community Park (including court resurfacing as required) which is estimated to be $400K over the three
years of the existing term and $600K in the extended term.
• Pickleball Enterprises LLC will take on an extra $50K in utility cost consideration in the current term and an
estimated $150K in the extended term.
• Expanded hours of operation further minimizing the County’s staffing and expenses while better defining
public access to courts by memorializing the courts needed for open public play and the U.S. Open Pickleball
Academy. Public court access is increasing from 6 to 9 courts with greater hours of opportunity for public
pickleball access.
• Pickleball Enterprises LLC projects revenue to increase by 60-75% over the first three years through expanded
programming resulting in higher commissions for the County
• Provides for new amenities that will benefit both pickleball members and County residents who use the facility,
including expanded youth programs, better leagues & instruction, and expanded food & beverage operations.
Staff and Pickleball Enterprises LLC will continue to refine operations as needed and bring forth future amendments as
necessary to facilitate the provision of services to the public.
FISCAL IMPACT: The agreement calls for the Concessionaire to remit 15% of gross revenue. Remittances for the
current fiscal year are estimated to be $205,000. The Concessionaire will also provide a phased-in consideration for
utilities of $5,000 in FY25, $15,000 in FY26, $30,000 in FY27 and future. Maintenance considerations provided by the
Concessionaire have an estimated value of $400,000 over the remaining years of the existing contract term.
GROWTH MANAGEMENT IMPACT: There are no Growth Management impacts associated with this Executive
Summary.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval. –
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CMG
RECOMMENDATIONS: Approve the Fourth Extension and Amendment to Agreement No. 17-7152 “Parks and
Recreation Pickleball Concessionaire,” with Pickleball Enterprises, LLC, d/b/a Naples Pickleball Center, to provide a
five-year extension through 2032, clarify agreement terms including public use of courts, maintenance responsibilities,
and utility costs, and authorize the Chairman to sign the attached Amendment.
PREPARED BY: James Hanrahan, Interim Division Director Parks and Recreation Division
ATTACHMENTS:
1. Concessionaire 4th Amendment MD signed
2. 17-7152 - ENCP PB Original Agrmt 2017.10
3. 17-7152 - ENCP PB 1st Amendment 2019.10
4. 17-7152 - ENCP PB 2nd Amendment 2020.12
5. 17-7152 ENCP PB 3rd Amendment FullyExec
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the correction of any deficiency as cited by such inspectors; failure to comply shall be
considered a material breach of the Agreement.
23. WAIVER OF INTERFERENCE. The Concessionaire hereby waives all claims for
compensation for loss or damage sustained by reason of any interference with the concession
operation by any public agency or official in enforcing their duties or any laws or ordinances.
Any such interference shall not relieve the Concessionaire from any obligation hereunder.
24. WAIVER OF LOSS FROM HAZARD. The Concessionaire hereby expressly waives all rights,
claims, and demands and forever releases and discharges the County from all demands,
claims, actions and causes of action arising from this Agreement, except intentional torts.
25.NO LIENS. Concessionaire will not suffer or, through its actions or by anyone under its control
or supervision, cause to be filed upon the property any lien or encumbrance of any kind. In
the event any lien is filed, Concessionaire shall cause such lien to be discharged within ten
(10)days after written notice to do so from the County.
26.ORDERLY OPERATIONS, ETC. The Concessionaire shall have a neat and orderly operation
at all times and shall be solely responsible for necessary housekeeping services to properly
maintain the premises. There shall be no living quarters, nor shall anyone be permitted to live
on the premises.
27.EMPLOYEES; MANAGER. The Concessionaire shall employ people to work at this facility
who are neat, clean, well-groomed and courteous. All employees shall observe all the graces
of personal grooming. Subject to the American with Disabilities Act, Concessionaire shall
supply competent employees, who are physically capable of performing their employment
duties and the County may require the Concessionaire to remove an employee it deems
careless, incompetent, insubordinate or otherwise objectionable and whose continued
employment on Collier County property is not in the best interest of the County. All
Concessionaire employees shall wear shirts and shorts with the Concessionaire's logo or other
identifying marking. The Concessionaire shall have an experienced manager overseeing the
concession operations at all times when open for business. When the manager is absent, the
operation shall be directed by an assistant manager, experienced and trained in Concession
operations and at least twenty-one (21) years of age. All managers will be Food Safe Compliant
with all State of Florida and Collier County "Serve Safe" requirements and licenses. There shall
be an after-hours contact person available by telephone and the contact phone number shall
be provided to the Director of Parks and Recreation, or Designee.
Background checks and drug tests must be conducted on all employees prior to performing
services at the concessions which is to be conducted by the County's Facilities Management
staff at the expense of the Concessionaire. The Concessionaire must have a drug and alcohol
policy consistent with County Policies (CMA 5312).
28.HOURS OF OPERATION. During the term of this Agreement programs and concession will
be adequately staffed on days and times approved by the Parks and Recreation Director or
his/her designee. Days and hours will be posted and any changes from posted hours will be
communicated within seven (7) days of the change. The operation should continue throughout
the year including applicable holidays.
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16F2
EXTENSION AND AMENDMENT OF
PARKS AND RECREATION PICKLEBALL CONCESSIONAIRE
AGREEMENT
THIS EXTENSION and AMENDMENT AGREEMENT is made and entered into this oa
day ofakob<le, 2019, by and between Collier County, a political subdivision of the State of
Florida ("County"), and Pickleball Enterprises LLC d/b/a Pickleball Pro Shop of Collier County
Pickleball Pro Shop") authorized to do business in Florida.
RECITALS:
WHEREAS,the parties entered into a Concessionaire Agreement dated October 24,2017,
a copy of which is attached to this Agreement, wherein Pickleball Pro Shop was granted the
privilege to provide concession services and comprehensive management at East Naples
Community Park for a term of 3 years with two 1-year renewals; and
WHEREAS, both parties wish to extend and amend the Concessionaire Agreement on the
terms and conditions set forth below; and
WHEREAS, with the recommendation of the Tourist Development Council, the Collier
County Board of County Commissioners has reviewed and approved this extension and
amendment of the Concessionaire Agreement and specifically finds that doing so promotes
tourism.
WITNESSETH:
NOW, THEREFORE, in consideration of the promises and covenants contained herein,
and other good and valuable consideration exchanged amongst the parties, the parties agree as
follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below.
2. The Term of the Concessionaire Agreement is hereby extended for an additional
five years. Accordingly, Pickleball Pro Shop will provide concession services and comprehensive
management at East Naples Community Park for an additional five years following the expiration
of the current Agreement (October 24, 2017 — October 24, 2027). There is no right to renew by
either party.
3. The provisions of Paragraph 2 of the Concessionaire Agreement are hereby
amended as follows:
STATEMENT OF WORK. The County hereby grants to the Concessionaire,and the
Concessionaire hereby accepts from the County, the privilege to provide concession
services and comprehensive management at East Naples Community Park (ENCP),
located at 3500 Thomasson Drive, Naples, FL 34112 in conformance with the
purposes and for the periods stated herein and subject to all terms and conditions
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hereinafter set forth. It is not permissible for oth: '- • •
entities to utilize the Agreement.
4, Paragraph 23 of the Sponsorship Agreement is hereby amended as follows:
USES, The Concessionaire has exclusive rights to the current Pickleball facilities
and the modular concession at ENCP, however nothing in this Agreement shall
preclude the County from using the Pickleball facilities, public areas for public and
civic purposes as deemed necessary, with advance written notice to the
Concessionaire.
The Concessionaire is authorized to conduct the following type of business and to
provide the following services, and only such business and services, at ENCP the
approved COA and as set forth below:
5.Paragraph 28 of the Sponsorship Agreement is amended as follows:
HOURS OF OPERATION. During the term of this Agreement programs and
concession will be adequately staffed on days and times approved by the Parks and
Recreation Director or his/her designee. Days and hours will be posted and any
changes from posted hours will be communicated within seven (7) days of the
change. The operation should continue throughout the year including applicable
holidays.
The highest volume of activity and sales may occur during the seasonal / tourist
months of November— April; it is the expectation of the awarded concessionaire
that service will operate year-round except when conflicting with the US Open
Pickleball Agreement or other Pickleball event that the CVB Sports Marketing team
may schedule.
6.Paragraph 29 of the Sponsorship Agreement is amended as follows:
PUBLIC USE OF THE FACILITIES. The Concessionaire shall be responsible to
the Director of Parks and Recreation Division for the satisfactory and courteous
operation of the programs and concessions at ENCP. Courts must be made
available to the public every day from 12:00 PM—5:00 PM year-round except when
tournaments are scheduled. However, this does not preclude the Concessionaire
from scheduling promotional events, which might temporarily limit access to the
event site, subject to the prior written approval for each event, on a case-by-case
basis,by the Director of Parks and Recreation, or Designee.
7, Paragraph 52 is added as follows:
Tournament & Academy Programming. The Concessionaire will provide
three tournaments per year at East Naples Community Park during each fiscal
year. Past examples of tournaments include:
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a. Florida State Pickleball Championships;
b. Winter Classic;
c. Southern Tropics.
The Concessionaire shall lease the East Naples Community Park directly from
the Collier County Parks and Recreation Division for tournament play and will
comply with all then-current County requirements for the hosting of an event of
this size including but not limited to when necessary:providing insurance,crowd
control, parking, security, EMS, restroom facilities, waste removal, portable
generators, showers, all deposits and full payments required prior to each event
and other event operation expenses.
The Concessionaire shall provide written reports to the Convention & Visitors
Bureau (CVB) and Tourist Development Council (TDC) regarding attendance,
sales, and overall impact on County visitation at each event within 60 days
following the event. Such reports will be jointly communicated publicly by CVB
staff and the Concessionaire following the completion of each tournament. The
Concessionaire may apply for additional promotional funds from the CVB if
these events can demonstrate that they promote tourism by attracting overnight
visitors to Collier County and achieving regional, national, or international
exposure.
8, Paragraph 53 is added as follows:
Tournament Marketing. The Concessionaire has the responsibility to actively
market the destination and programs at the ENCP location and Naples in general,
The Naples, Marco Island, Everglades Convention & Visitors Bureau (CVB) may
provide a 1:1 match for marketing programs and literature, not to exceed $20,000
per fiscal year subject to a recommendation by the Tourist Development Council
and approval by the Board of County Commissioners. Proof of advertising eligible
for matching funds, such as written marketing programs and literature, should be
reviewed by the CVB Director, or Designee,prior to distribution to the public and
must be submitted two (2)weeks prior to the actual advertising date. In addition to
matching funding on marketing programs, Collier County shall assist with
marketing of Concessionaire's events in some or all of the following:
i. Year-round promotion on Collier County Convention and Visitors
Bureau sports marketing website, Facebook, and Twitter channels;
ii. Assistance with hotel logistics including gathering of rates and
banquet needs;
iii. On site visitor information table to assist with local attractions and
suggestions for out of town visitors during tournament programs;
iv. Assistance with Public Relations and Media Outreach;
v. Explore providing signage to promote the Pickleball Academy and Pro
Shop at ENCP.
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9. Excepting the above, all other terms and conditions of the Concessionaire
Agreement continue in full force and effect.
IN WITNESS WHEREOF,Pickleball Pro Shops and Collier County have respectively, by
an authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
ATTES :,
r,,BOARD OF '410.i'.-- _ •MMISSIONERS
CR,S1 1ZIfInL, Clerk COLIE • PLO •A
B 411-_ 61
L.Y lerk W' iam L. Mc Daniel,Jr., Chat• -Ian
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u Pickleball Enterprises, LLC
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BY //It, /
Jim ••w g
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Approved as to form and legality:
9 eatAw ' / , .
olleen M. Greene '
Assistant County Attorney
Item# 1(cf&'
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Agenda 1008x'1)O1Cate
Date ZU -S/C?
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DocuSign Envelope ID: FACEF1A3-36F0-432E-9C8F-8C2A69EB0F1B
12/10/2020
DocuSign Envelope ID: B494EECD-2343-45D7-AAB2-D0A47F4EF99C
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DocuSign Envelope ID: FACEF1A3-36F0-432E-9C8F-8C2A69EB0F1B
12/10/2020
Executive Director
James Ludwig
12/10/2020
Sally Ashkar
DocuSign Envelope ID: B494EECD-2343-45D7-AAB2-D0A47F4EF99C
Robert Strommen
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DocuSign Envelope ID: C0D2CFC8-F8F5-4587-88DC-43FE15D8FDAE11/3/2022Page 1908 of 4908
DocuSign Envelope ID: C0D2CFC8-F8F5-4587-88DC-43FE15D8FDAEManaging Partner11/3/2022Robert Strommen11/3/2022TomaskoRonaldPage 1909 of 4908