Backup Documents 09/14/2021 Item #12A ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 2 A
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. .1 he 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
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 routingf Ines#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 SRT 9/14/21
4. BCC Office Board of County PT by JMH 9/14/21
Commissioners /s/
5. Minutes and Records Clerk of Court's Office u�,
'111�IIN q hi cp04*tt
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 Jessica Hayes/County Attorney's Office Contact Information 239-252-8400
Contact/Department
Agenda Date Item was September 14,2021 Agenda Item Number 12A
Approved by the BCC
Type of Document Amended to Agreement with BigShots Number of Original 1
Attached Documents Attached
PO number or account N/A
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 original signature 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 JMH
signed by the Chairman,with the exception of most letters,must be reviewed and signed by
the Office of the County Attorney.
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 JMH
document or the fmal negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JMH
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 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 on September 14',2021 and all changes JMH
made during the meeting have been incorporated in the attached document. The optic
County Attorney's Office has reviewed the changes,if applicable. is
9. Initials of attorney verifying that the attached document is the version approved by the BCC,
all changes directed by the BCC have been made,and the document is ready for the
Chairman's signature.
12R
MEMORANDUM
Date: September 17, 2021
To: Jessica Hayes, Legal Assistant
County Attorney's Office
Cc: Scott Teach, Deputy County Attorney
County Attorney's Office
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Amendment to Agreement (Long-Term Lease and
Operating Agreement for the Golden Gate Golf Course
Property for the management of a twelve-hole public golf
course and the land lease for the construction and
operation of a BigShots golf/entertainment facility)
Contractor: CC BSG Naples, LLC
Attached for your records are one (1) original of the document as referenced above,
(Item #12A) adopted by the Board of County Commissioners on Tuesday,
September 17, 2021.
The Board's Minutes and Records Department has kept the original as part of the
Board's Official Records.
If you have any questions, please feel free to contact me at 252-7240.
Thank you.
Attachment
1 2 A
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 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
14th day of September,2021, 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 do 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, the Lessee and Lessor are desirous of amending and 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.
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. Article 4 of the Lease shall be amended as follows:
Financing Contingency. Lessee shall have through and
including the earlier of October 31,2021, or until the Lessee's receipt of a loan commitment letter
from its local lending partner ("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 for an additional forty-five (45)days. 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.
2. 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.
C
Words Seek Through are deleted;Words Underlined are added.
12A
•
IN WITNESS WHEREOF, the Lessee and Lessor have hereto executed this Amendment the day
and year first above written,with an effective date of September 1,2021.
AS TO THE LESSEE:
CC :SG ap es, C, a Nevada limited liability
co' pant'
st.PLAA
L'Q I
101 Ail
itness (sign e) David Pillsbury,Presi.-nt
Becky Lowe
(print name) Date: September 1 20 1
Witness ignature)
Mychelle Alonso
(print name)
AS TO THE LESSOR:
BOARD OF COUNTY COMMISSIONERS,
(7 DOA
Y, FLORIDA
DATED:Seek-thilarPr
ATTEST:
Crystal K.Kinzel, Clerk ' BY:
Pen y Taylor, air
BY: t,-
De ySC er
A`:
!.'tut as !o ,l'ICYii i :�
signature only.
Appr• •e,►as to fo and legality:
_ )1 ,t.....4, 1_
Scott R. Teach
Deputy County Attorney
410
60