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HomeMy WebLinkAboutItem 04 Approval of the Sixth Amendment to the Contract with DTE Golf City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org STAFF REPORT Meeting Date: October 6, 2026 Item #: 4 Contact Name: Mark Johnson Department Director: Mark Johnson Contact Number: Ext. 5002 City Manager: Craig Shadrix Subject: Approval of the Sixth 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 an Early Winter 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 driving range project, or December 31, 2027, unless earlier terminated in accordance with the Agreement. 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. Signed Sixth Amendment Financial Impacts: The contract will be covered with earned interest revenue and Recreational Impact Fee Funds. Type of Item: Consent SIXTH AMENDMENT TO MANAGEMENT AGREEMENT FOREST LAKE GOLF CLUB This SIXTH 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. for the Phase 1 Golf Course Improvements ("Driving Range Project"); WHEREAS, the Owner has approved the Driving Range Project and authorized Manager to administratively coordinate the project in the limited capacity described in the Amendment; and WHEREAS, in accordance with Manager's duties under Section 6 (c)(xiii) & (e)(ii)(2) of the Agreement, Manager is responsible for the administrative coordination and contract administration of the Driving Range Project, inclusive of coordinating procurement of construction contractors and proprietary suppliers as approved by Owner; and WHEREAS, Owner and Manager desire to amend the Agreement to extend the Term to allow Manager to administer the Driving Range Project in the limited administrative capacity described in this Amendment. 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 newExpiration Date of the earlier of (i) the Completion of the Driving Range Project (asdefmed in Paragraph 44 of the Agreement as added by this Amendment), or (ii) December31, 2027, 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.