Loading...
Backup Documents 09/24/2024 Item #11G ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 1 G 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. ** 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 jines#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. (Enter your Dept here) 3. County Attorney Office County Attorney OfficeCAlf iO ' (2-(-1 4. BCC Office Board of County CH by MB Commissioners [s] 5. Minutes and Records Clerk of Court's Office l0 "� r,�/ PRIMARY CONTACT INFORMATION d� 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 o issing information. Name of Primary Staff Madison Bird Phone Number 2939 Contact/Department Agenda Date Item was 9/24/24 Agenda Item Number I I G Approved by the BCC Type of Document(s) Amendment Extension 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) 1. 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_9/24/24_and all changes made N/A is not during the meeting have been incorporated in the attached document. The County 0144 an option for Attorney Office has reviewed the changes, if applicable. is line. 9. Initials of attorney verifying that the attached document is the version approved by the /A is not BCC, all changes directed by the BCC have been made,and the document is ready for the Di OW >t option for Chairman's signature. 4 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 1 1 G FOURTH EXTENSION AND AMENDMENT OF CONCESSIONAIRE AGREEMENT BETWEEN COLLIER COUNTY AND PICKLEBALL ENTERPRISES THIS FOURTH EXTENSION and AMENDMENT (this "Amendment") is made and entered into this 21L day of S}ed,ie/, 2024, by and between Collier County, a political subdivision of the State of Florida ("County"), and Pickleball Enterprises, a Florida Limited Liability Company ("Pickleball Enterprises") doing business as Naples Pickleball Center. RECITALS: WHEREAS, the Parties entered into the Concessionaire Agreement dated October 24, 2017, (as subsequently amended, the "Agreement") a copy of which is attached to this Amendment, wherein Pickleball Enterprises agreed to provide concession services and comprehensive management at East Naples Community Park; and WHEREAS, the Parties entered into the First Extension on October 22, 2019, which extended the Agreement through October 24, 2027; and WHEREAS, the Parties entered into the Second Amendment of the Agreement on December 10, 2020 to recognize Pickleball Enterprises' d/b/a Naples Pickleball Center; and WHEREAS, the Parties entered into a Third Amendment to authorize Pickleball Enterprises to use the newly constructed Welcome Center; and WHEREAS, the Parties wish to enter into the Fourth Extension and Amendment to extend the Agreement an additional five (5) years and make certain other amendments to the Agreement. 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 Agreement is hereby extended for an additional five (5) years, ending October 24, 2032 ("Term"). There is no right to renew by either party. 3. Paragraph 2.A., FACILITIES is amended as follows: 2.A. FACILITIES. The County shall provide to the Concessionaire the use of the following approved Concession Operations Areas ("COA")facilities at ENCP: •Pickleball Facilities; and All pickleball courts; and • Community Park Welcome Center All areas of the Welcome Center 1 C'r.'Q 1 1 G including all interior and exterior space but excluding the space designated for Spirit Promotions (small office and storage area). 4. Paragraph 2.B., USES, is amended as follows: 2.B. USES: The Concessionaire has exclusive rights to the current Pickleball facilities and the modular concession at ENCP to the COA Facilities at ENCP as described in Section 2A, above, except that the County shall have the use of the nine (9) public courts from 12:OOpm-10:OOpm year-round. However, nothing in this Agreement shall preclude the County from using the public areas of the COA Facilities at ENCP for public and civic pm-poses as deemed necessary, with reasonable advance written notice to Concessionaire. Said notice shall be in electronic form and sent to the email address set forth in Section 3. 5. Paragraphs 2.B.1., Food and Beverage Sale, and 2.B.2., Recreational Programs are amended as follows: 2.B.1. Food and Beverage Sale: The Concessionaire may provide food service, beverage, and miscellaneous sales operations for a monthly commission returned to the County as outlined in Section 12 of this Agreement. The Concessionaire may offer to both members and the public beverages including beer, seltzer, and wine sales with the required licenses; and prepackaged foods and non-alcoholic beverages including with the use of vending machines. Monthly reports shall include itemized sales. In addition, the Concessionaire may offer all forms of pickleball equipment, apparel, and accessories for sale to members and the public, both through "pro shop" sales as well as vending machines. In the event the Concessionaire offers any products, whether for consumption or in the form of equipment, through a vending machine, it must be independently owned or leased by Concessionaire, and placed only in an area or areas for which Concessionaire has rights. The County will allow Concessionaire and their employees the ability to operate within the park in a safe and orderly manner. In addition, the Concessionaire is expected to start operations at a minimum of thirty-minutes prior to the scheduled starting time of any event/tournament. 2.B.2. Recreational Programs: The Concessionaire will have the option to provide to both members and the public, concession services, including recreational programs such as mixers, ladders, leagues and tournaments; instructional programs such as clinics, group instruction, private instruction and academies and rentals such as courts, and Pickleball sports equipment, membership program; and pro shop sales which may include equipment, clothing, beverages, and snacks; and any other similar services that the Concessionaire wishes to propose which align with the Collier County Parks and Recreation mission to benefit the well-being of the people, community and environment of Collier County. County shall be immediately electronically notified of any banning or suspension of memberships of any person. Formal written justification for this type of action must be provided with notification to County staff. Remittance of is payment due to the County shall be in accordance with Section 12. The Concessionaire shall meet with County Manager or designee monthly. 2 CAO 1 1 G 6. Section 2.C. PRICES, is amended as follows: 2.C. PRICES: The Concessionaire agrees that the prices and fees charged for concession merchandise and 3ervioes for the goods and services set forth in Sections 2.B.1. and 2.B.2. will be competitive within the local market and commensurate with those charged for similar goods and quality services at the time of sale. All prices must be displayed and visible by the Concessionaire's customers. All such prices and fees must be approved in writing by the County Manager Director of Parks and Recreation, or Designee,The Concessionaire shall sell only those items and provide services approved in writing by the County. Annual membership fees, rental fees, and "drop-in" fees must be approved in writing by the County Manager, or Designee. The approval process shall be based on substantially the following factors: • Local market rates. • Operational changes. • Percentage of increase in membershipfees g requested. 7. Section 2.D., ADDITIONAL SERVICES/PRODUCTS, is amended as follows: 2.D. ADDITIONAL SERVICES/PRODUCTS. The Concessionaire must request in writing to sell additional products or provide additional related services not listed herein at any time during the term of the Agreement or renewal/extension. The County reserves the right to accept, or reject, those additional products or services at its sole discretion. Should the County accept those additional products or services, the accounting of those sales shall be subject to the same terms and conditions and commission structure as identified in Section 12. The Director of Parks and Recreation, County Manager or Designee may authorize the Concessionaire to expand the services, provided such authorization is in writing through an amendment. Change Order. 8. Section 3.NOTICES, is amended as follows: 3. NOTICES:All notices from the County to the Concessionaire shall be deemed duly served if mailed by registered or certified mail to the Concessionaire at the following address: Pickleball Enterprises,LLC Attention:Mike Dee, Chairman 4915 Rattlesnake Hammock Road, Suite 157 Naples,FL 34113 Phone: 305-794-8800 Email: Mike@piclde4.com All notices from the Concessionaire to the County shall be deemed served if mailed or e-mailed to the County at the following address: 3 CAO 1 1 G Collier County Parks and Recreation Division Attention: James Hanrahan 15000 Livingston Road Naples,Florida 34109 239-252-4067 James.Hanrahan2@colliercountyfl.gov 9. Section 8. MAINTENANCE AND REPAIRS,is amended as follows: 8. MAINTENANCE AND REPAIRS. The Concessionaire shall maintain all pickleball court areas including nets, windscreens, and court resurfacing as required and shall further provide normal and routine daily, monthly, and yearly maintenance of the facilities, designed to keep the premises and equipment in a good state of repair, free from hazardous conditions and deterioration, thus providing for the comfort and safety of visitors and patrons to the satisfaction of the Director of Parks and Recreation, County Manager or Designee. Concessionaire shall also provide Welcome Center custodial services for all air-conditioned interior spaces and exterior areas. The County will make and/or manage repairs including, but not limited to: landscaping: mowing, herbicide and pesticide application; exterior painting; Air Conditioning; roadways and sidewalks within the park; exotic flora/faunal removal; facility fencing, repairs/upkeep for the Welcome Center and County, State, and Federal signage within ENCP. Other than during the U.S. Open Pickleball Championships, the County shall provide all custodial services for the public restrooms at the ENCP. Any improvements, including capital improvements, made for the benefit of the Concessionaire shall be paid for by the Concessionaire and approved in advance in writing by the Director of Parks and Recreation County Manager or Designee. All capital improvements (items permanently attached to the facilities) will become the property of Collier County at the end of the term of the Agreement. 10. Section 12. CONSIDERATION, is amended as follows: 12. CONSIDERATION. The Concessionaire shall remit to the County, as consideration for this Agreement, a percentage of the total gross revenue of the Concessionaire's business operations as follows: a firm fixed monthly concession commission of 15% or not less than nine hundred ($900) per month. In addition, the Concessionaire shall pay the following consideration per month for utility fees: October 1, 2024 to September 30, 2025 $5,000 annually October 1, 2025 to September 30, 2026 $15,000 annually October 1, 2026 to September 30, 2027 $30,000 annually Starting October 1, 2027, Concessionaire shall pay $30,000 annually as consideration for all utilities for the remainder of the term of this Agreement. County shall continue to 1 1 G provide restroom custodial services throughout the term of the Agreement. 11. Section 13. DEFAULT IN PAYMENT, is amended as follows: 13. DEFAULT IN PAYMENT. The monthly Statement of Gross Receipts, the payments computed on that amount, including the utility fee, and any other taxes and fees due must be submitted to the County through the County Manager Director of Parks and Recreation or Designee, to be received by the fifteenth (15th) twentieth (20th) of each month. In the event the Concessionaire fails to pay this consideration within five (5) days of such due date. There shall be a late charge of ten percent (10%) per day added to the fees due. Any delinquent payments shall be grounds for termination of this contract. The County has no duty to notify the Concessionaire of its failure to remit any such payment or report. thirty (30) days after the normal monthly due date, then the County may take pos.iession of the Concessionaire's assets on County property, may terminate this Agreement. A monthly report as identified in Section 14 shall also be submitted to the 13ireeter of Parks and Recreation County Manager or Designee, by the fifteenth (15th) twentieth (20th) of each month. This report shall accompany the monthly Statement of Gross Receipts to include all sales including but not limited to vending machines and shall be subject to audit. Concessionaire's failure to remit any such payment or produce the reports shall be considered a material breach of the Agreement. 12. Section 16,FINANCIAL REVIEW, RECORDS, AUDIT, is amended as follows: 16. FINANCIAL REVIEW, RECORDS, AUDIT. The Concessionaire shall provide, at its expense, an annual independent review of the Concessionaire's financial records. Submission of financial statements shall be submitted to the County Manager or Designee and Clerk of Courts on or before the first of May of each year. The purpose of this review is to substantiate that the County has been compensated in accordance with this Agreement. 13. Section 18, CONCESSIONAIRE NOT TO REMOVE PROPERTY, is amended as follows: 18. CONCESSIONAIRE NOT TO REMOVE PROPERTY. Concessionaire shall { not remove from the COA any personal property, capital improvements or fixtures brought thereon or any replacements thereto by the Concessionaire for the purpose of this Agreement, except such items that constitute personal property of the Concessionaire may be removed os may be removed with the express written permission of the County Manager Director of Parks and Recreation, or Designee. Upon expiration of the term specified in Section 1, if the Concessionaire has made full payment under this Agreement and has fully complied with the terms of this Agreement, Concessionaire may remove personal property from the ENCP and shall do so within fifteen (15) days following the expiration of this Agreement, provided such personal property must be 5 C40 1 1 G removed without damage to the premises. On Concessionaire's failure to do so, the County may cause same to be removed and stored at the cost and expense of the Concessionaire, and the County shall have a continuing lien thereon in the amount of the cost and expense of such removal and storage until paid, and County may sell such personal property and reimburse itself for such costs and expense, plus all expenses of the sale. Any costs to repair damage to the COA Facilities caused by Concessionaire's removal of items of personal property authorized pursuant to this Section shall be the sole responsibility of Concessionaire. 14. Section 28,HOURS OF OPERATION,is amended as follows: 28. HOURS OF OPERATION. During the term of this Agreement programs and concessions will be adequately staffed on days and times approved by the County Manager Parks and Recreation Director or his/her Designee. Days and hours will be posted as 7:00 a.m. to 10:00 p.m. daily 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 except for the time required for the U.S. Open Pickleball Championships. 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 U.S. Open Pickleball Championships Agreement or other Pickleball event that Collier County may schedule. To allow Concessionaire to sufficiently advise staff of any changes to their schedules, the County shall provide Concessionaire with a copy of the U.S. Open Pickleball Agreement (and any amendment thereof) and provide seven (7) days written notice of any other Pickleball event that Collier County may schedule. 15. Section 29,PUBLIC USE OF THE FACILITIES is amended as follows: 29. PUBLIC USE OF THE FACILITIES. The Concessionaire shall be responsible to the County Manager or Designee 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 12:00 p.m. to 10:00 p.m. year-round except when tournaments are scheduled. and The County shall have the use of at least nine pickleball courts (the Public 9 or P9) from 12:00 p.m.-10:00 p.m. year-round; court use is subject to availability at time ofplay for members of the public. 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 County Manager Director of Parks and Recreation, or Designee. Any use of the pickleball courts for other than recreational use, shall be submitted to the County Manager or Designee electronically with a minimum of twenty-four hours advance notice. 6 CA 1 1 G 16. Except as set forth above, all other terms and conditions of the Agreement, as amended, shall continue in full force and effect. IN WITNESS WHEREOF, Collier County and Pickleball Enterprises, LLC, d/b/a Naples Pickleball Center, have respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. -s.'-'s ..•••••••. ©t BOARD OF COUNTY COMMISSIONERS r ATTEST COLLIER COUNTY, FLORIDA CRYS' 'f r K , equ . Clerk By. Attest - hairm Ve s Hall, Chairman si. atrf WY:: Approved as to form and legality: PICKLEBALL ENTERPRISES, LLC /0 i I II) By: B a- ' Colleen M. Greene Michael Dee, Manager Managing Assistant County Attorney Ilo I ell y _ ' ETst Naples Co'm-- unit Fla. P@ickioball Aiareement 1 ?r � 4 East Naples Community Park (ENCP) Pickleball Agreements 1. 11.E. — Third Extension and Amendment of the TDC Sponsorship Agreement with Spirit Promotions for the U.S. Open Pickleball Championship 2. 11.F. — Lease Agreement for East Naples Community Park and Sugden Park for the U.S. Open Pickleball Championship & U.S. Open Pickleball Academy 3. 11.G. - Fourth Extension and Amendment to Agreement No. 17-7152 "Parks and Recreation Pickleball Concessionaire" — with Pickleball Enterprises LLC, d/b/a Naples Pickleball Center Collier County U.S. Open Pickleball Championships Spirit Promotions ILE. TIC Sponsorship - Approval of the Third Extension and Amendment ❑f the Sponsorship Agreement with Spirit Promotions for the years 2026 - 2032. • Declining sponsorship payments, from $345,000 in 2025 to $300,000 in 2026 and declining by $50,000 per year phasing out in 2032 • 50/50 shared funding for the construction of a waterproof canopy and a public address system at an estimated cost of $2M. Spirit Promotions commitment of $1M, County commitment of $1M from TDT sources. Allocation of $40,000 in TDT funding for the required infrastructure project study Requires supermajority vote Collier County U.S. Open Pickleball Championship Court and Academy 1.0 covered court expansion Is ,Collier County Lease Agreement Spirit Promotions 11.F U.S. Open Pickleball Championships Lease Details: • Lease covers entire East Naples Community Park during Championship event • Welcome Center, all open spaces, indoor spaces of Community Center, pickleball courts, and designated parking areas plus Sugden Park for parking. ENCP rent is $56,000, and Sugden rent is $8,400 both with a 2.5% annual escalation. • Spirit Promotions gets year-round access to a small office and storage area in the Welcome Center • Six to 12 courts for U.S. Open Pickleball Academy with an annual rent of $21,000, 2.5% annual escalation, and 5% of gross revenue paid to the County. • The county will continue to maintain the public restrooms except during the U.S. Open Pickleball Championships. • Spirit Promotions is responsible for cleaning maintenance of the ENCP Premises and Sugden Park restrooms during the U.S. Open Championship, as well as maintenance of pickleball courts, nets, windscreens, fences, and court resurfacing for the Championship and Academy courts. 2,,)'Collier County East Naples Community Park Pickleball Concessionaire Agreement - Fourth Amendment 11.G. — Pickleball Enterprises LLC, d/b/a/ Naples Pickleball Center Fourth Extension and Amendment to Agreement No. 17-7152 "Parks and Recreation Pickleball Concessionaire" • Five (5) year extension to October 24, 2032 • Enhancement of service levels to include expanded youth programs, better leagues & instruction, and food & beverage operations to include beer, seltzer & wine. $50,000 in paid utility consideration over the next (3) three years and $30,000 per year thereafter. Concessionaire responsible for maintenance of nets, windscreens, and court resurfacing for estimated County Savings of $600,000. • Greater number of courts (6 to 9) and hours of public access. ,Collier County • 0 KIM 7777 --*4 if End Collier County lirA C - _.__ _ dr e ;Apt it �yINP. Idp Ah Jj. k Pf ,o: ._ram4 R �4 — — F � �. -.. � • `y. ��•. ,y 1. a 0 Fit: •� � _ .` '� Agenda Item #: 11 G Pickleball Concessionaire Agreement Extension September 24, 2024 Name: AddresslPhone;i) Ceding Time To: ' ',31z/ f 23'7 _24 0' `P`t7)7 PLEASE PRINT CLEARLY COLLIER COUNTY ORDINANCE NO.2003-53,AS AMENDED BY ORDINANCE 2004-05 AND 2007-24,REQUIRES THAT ALL LOBBYIST SHALL,BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES(INCLUDING,BUT NOT LIMITED TO,ADDRESSING THE BOARD OF COUNTY COMMISSIONERS),REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT YOU ARE LIMITED TO THREE (3)MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PUBLIC COMMENT IS NOT INTENDED TO BE A FORUM FOR SELF-PROMOTION. PUBLIC COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING THEIR BUSINESS,PERSONAL POLITICKING OR OTHER FORMS OF SELF-PROMOTION WILL BE ASKED TO LEAVE THE PODIUM. PLACE COMPLETED FORM ON THE TABLE TO THE LEFT OF THE DAIS