www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - October 11, 2016
REVISED October 11, 2016 - Regular Meeting
Agenda Item #21


Subject
Agreement 11-0481BG: Amended and Restated Franchise License Agreement for Operations, Management, and Maintenance at Manatee County Golf Course and Buffalo Creek Golf Course

Briefings
Briefing Provided Upon Request

Contact and/or Presenter Information

Contact: Chris Daley, Financial Management Department, Purchasing Division, Ext. 3048

Presenter: Charlie Hunsicker, Director, Parks and Natural Resources Department, Ext. 6001



Action Requested

Authorize the County Administrator or his designee to execute the Amended and Restated Franchise License Agreement for the Operations, Management, and Maintenance of the Manatee County Golf Course and Buffalo Creek Golf Course with Pope Golf, LLC, Sarasota, FL.



Enabling/Regulating Authority

Manatee County Code of Laws



Background Discussion

At its meeting on August 9, 2011, the Board of County Commissioners granted a Franchise License Agreement to Pope Golf, LLC (hereinafter Licensee) for the operations, management, and maintenance of the Manatee County Golf Course and Buffalo Creek Golf Course for an initial period of five years.

On August 12, 2011, Amendment 1 to the Agreement was executed to address certain matters relating to inventory of assets, audit rules, and capital improvement matters.

On May 8, 2012, Amendment 2 to the Agreement was executed to clarify certain items relating to revenues and amended certain terms and conditions related to the calculation of gross profits.

At its meeting on April 9, 2013, the Board of County Commissioners executed Amendment 3 to the Agreement that was effective on April 13, 2016, creating a mechanism for accounting for capital projects to replace the greens at both courses.

On August 11, 2016, Amendment 4 to the Agreement was executed to extend the Agreement to September 30, 2016, to allow for time to negotiate certain terms and conditions of the Agreement resulting in the Amended and Restated Franchise License Agreement that is attached.

This Amended and Restated Agreement (hereinafter Agreement) provides for continued operations, management, and maintenance of the Manatee County Golf Course and Buffalo Creek Golf Course with the Licensee paying to the County a guaranteed percentage of the total gross receipts for rent and a guaranteed percentage of the gross receipts to be held in reserves for Capital Improvements at both courses.  The agreement also provides a mechanism for needed capital improvements to be initiated up front and then to be repaid through the percent of gross receipts for capital purposes. In addition, the Licensee shall utilize a fixed percentage of the gross receipts to elevate the conditioning of the County courses and improve golfer satisfaction.

This Agreement  shall supersede and replace the initial Agreement and all amendments.

This Agreement is effective October 1, 2016, through July 31, 2021, provides for renewal for a second five-year term, and shall be managed by the Parks and Natural Resources Department.



County Attorney Review
Other (Requires explanation in field below)

Explanation of Other

The Amended and Restated Agreement has been thoroughly reviewed and edited pursuant to advice given per RLS 2016-496.



Reviewing Attorney
Eschenfelder

Instructions to Board Records

Original to Board Records

Copies to:
Pope Golf, LLC, 438 Interstate Court, Sarasota, FL 34240 (keith@popegolf.net);
Jayne Roberts (jayne.roberts@mymanatee.org), Parks and Natural Resources Department; and
Chris Daley (chris.daley@mymanatee.org), Purchasing Division



Cost and Funds Source Account Number and Name
Revenue Generating

Amount and Frequency of Recurring Costs
Revenue Generating


Attachment:  11-0481BG- Amended and Restated Franchise License Agreement.pdf
Attachment:  Departmental Memo- Amended and Restated Agreement.pdf
Attachment:  CAO Comments - RLS 2016-496.pdf