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Home My WebLink AboutItem 09 Approval of the Fifth Amendment to the Contract with SSS Twin Rivers OPCO LLC City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org STAFF REPORT Meeting Date: July 7, 2026 Item #: 9 Contact Name: Mark Johnson Department Director: Mark Johnson Contact Number: Ext. 5002 City Manager: Craig Shadrix Subject: Approval of the Fifth Amendment to the Contract with SSS Twin Rivers OPCO LLC, doing business as Down to Earth (DTE) Golf Management. (Parks and Leisure Services Director Johnson) Background Summary: The City has selected Cover The Tees as a single-source entity for its patented covered-technology driving range, to furnish and install the range at Forest Lake Golf Club. Cover The Tees is not a licensed contractor and does not provide site preparation, site development, concrete, paving, or permitting. A licensed General Contractor (GC) is therefore required to handle these scopes. Trinity Restoration and Contracting, Inc. will serve as the GC, responsible for permitting and constructing the Driving Range Improvements. Down to Earth (DTE), the City's contracted interim operator, is best positioned to procure Trinity Restoration and Contracting, Inc. as GC. This procurement method will streamline the project timeline and support a Fall opening. The Parks and Leisure Services Director and Owners Representative (ZHA) will coordinate with Cover The Tees and the GC on implementation, reviewing completed work and processing payments to Trinity Restoration and Contracting upon satisfactory completion of project milestones. The City will reimburse DTE for approved project costs in accordance with terms established by the contract. DTE's current interim operations contract expires November 30, 2026. To accommodate the driving range improvements, contract obligations, and to deliver a turnkey, covered-technology driving range with serviceable food and beverage, the contract should be extended until the completion of the project. This ensures the City has a fully operational strategy in place for the completion of Phase 1 of the Forest Lake Golf Club Master Plan. The contract sum for Trinity Restoration and Contracting, Inc.'s construction contract should not exceed $1,650,000 without further approval from the City with the project fully funded with earned interest revenue and Recreational Impact fee funds . Issue: Should the Honorable Mayor and City Commission approve the amendment with Down to Earth's contract? Recommendations: Staff recommends the Honorable Mayor and City Commission approve the amendment to Down to Earth's contract. City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org Attachments: 1. Fifth Amendment to Management Agreement Financial Impacts: The contract will be covered with earned interest revenue and Recreational Impact Fee Funds. Type of Item: Consent FIFTH AMENDMENT TO MANAGEMENT AGREEMENT FOREST LAKE GOLF CLUB This FIFTH Amendment to Management Agreement (this “Amendment”) is made and entered into effective as of __________, 2026 (the “Effective Date”), by and between the CITY OF OCOEE, a Florida municipal corporation (“Owner” or “City”), and SSS TWIN RIVERS OPCO LLC, an Ohio limited liability company, doing business as DTE Golf (“Manager”). RECITALS WHEREAS, Owner and Manager entered into that certain Management Agreement for the Forest Lake Golf Club effective as of April 22, 2025 (the “Agreement”) as amended; and WHEREAS, pursuant to the Agreement as amended, the Term is scheduled to expire on November 30, 2026, unless extended or earlier terminated; and WHEREAS, in accordance with Manager’s duties under Section 6 (c)(xiii) of the Agreement, Manager has made a recommendation to Owner to make certain driving range capital improvements to the Golf Club property by using the services of Performance Delivery, Inc. d/b/a Cover the Tees and Trinity Restoration and Contracting, Inc. (“Driving Range Project”); WHEREAS, the Owner has approved the Driving Range Project and desires for it to proceed to commencement and completion; and WHEREAS, in accordance with Manager’s duties under Section 6 (c)(xiii) & (e)(ii)(2) of the Agreement, Manager is responsible for causing the completion of the Driving Range Project, inclusive of procuring the construction contractors and proprietary suppliers to complete the project; and WHEREAS, Owner and Manager desire to amend the Agreement to extend the Term in order to give time for Manager to cause the completion of the Driving Range Project. AMENDMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Extension of Term. Section 1 (n) of the Agreement is hereby amended to provide a new Expiration Date of ________________, unless earlier terminated in accordance with the Agreement. 2. A new Paragraph 44 is added to the Agreement to read as follows: 44. DRIVING RANGE PROJECT. In accordance with Manager’s duties under Section 6 (c)(xiii) of the Agreement, Manager is recommending to Owner to make certain driving range capital improvements to the Golf Club property (“Driving Range Improvements”). In accordance with Manager’s duties under Section 6 (c)(xiii) & (e)(ii)(2) of the Agreement Manager has recommended, selected, and is procuring the services of Performance Delivery, Inc. d/b/a Cover the Tees and Trinity Restoration and Contracting, Inc. (as general contractor) to cause the construction of the Driving Range Improvements (“Driving Range Project”). Any construction contract between Manager and the contractors shall name Owner has an express third party beneficiary with full enforcement rights of the project owner, and shall be fully assignable by Manager to Owner upon Owner’s request. The contract sum for Trinity Restoration and Contracting, Inc.’s construction contract should not exceed $1,650,000 without further approval from the Owner. Owner will directly contract with Performance Delivery, Inc. d/b/a Cover the Tees for its portion of the Driving Range Project. Owner is entitled to review and approve the construction contract(s), scope of work, and project payment and construction schedule before its/their execution to ensure compliance with Florida law and adequate protections for the Owner and its property. The Driving Range Project shall not commence without Owner’s additional notice to proceed authorization. Owner shall be responsible for funding the Driving Range Improvements. Owner and Manager shall work in good faith to establish a schedule for the Owner’s funding of payment applications for Driving Range Improvements. Manager shall ensure that the general contractor, Trinity Restoration and Contracting, Inc. is required to obtain and post a payment and performance bond pursuant to Section 255.05, Florida Statutes covering all Driving Range Project work, including the portion of the work performed by Performance Delivery, Inc. d/b/a Cover the Tees. Owner should be listed as an additional insured on general contractor’s insurance certificate, and as a dual obligee on any required construction performance/payment bonds. 3. No Other Changes. Except as expressly modified by this Amendment, all other terms and conditions of the Agreement shall remain unchanged and in full force and effect. 4. Counterparts. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Electronic signatures shall be deemed original signatures for all purposes. IN WITNESS WHEREOF, the parties have executed this Amendment as of the Amendment Effective Date. OWNER: CITY OF OCOEE, a Florida municipal corporation ATTEST: By:__________________________ _________________________ Melanie Sibbitt, MMC Date:________________________ City Clerk (SEAL) APPROVED BY THE CITY OF OCOEE COMMISSION IN A MEETING HELD ON _________________, 2026 UNDER AGENDA ITEM No. __ FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA Approved as to form and legality this __ day of ___________, 2026 Fishback Dominick LLP By: _________________________ A. Kurt Ardaman, City Attorney MANAGER: SSS TWIN RIVERS OPCO LLC, an Ohio limited liability company By: Signature Date Print Name Title