Agenda - 06-06-2023; 8-j - Contract Amendment – Recreation Factory Partners, Inc. (Sportsplex)

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2 NORTH CAROLINA CONTRACT AMENDMENT ORANGE COUNTY THIS CONTRACT AMENDMENT ("Amendment") is made and entered into this day of , 20 by and between ORANGE COUNTY(hereinafter referred to as"County") and RECREATION FACTORY PARTNERS, INC., a North Carolina Corporation having its principal place of business in Wake County, North Carolina (hereinafter referred to as"RFP"). WITNESSETH: THAT WHEREAS, the County and Recreation Factory Partners, LLC entered into a contract dated 12/15/05 for the management of the Orange County owned recreation facility currently known as the Orange County Sportsplex and amended the contract on , and (hereinafter the"Agreement"); and WHEREAS, Recreation Factory Partners, LLC converted itself to another business entity, that being Recreation Factory Partners, Inc., in 2016 and assumed all rights and responsibilities, under the Agreement, of Recreation Factory Partners, LLC; and WHEREAS, the County and RFP desire to amend the Agreement while keeping in effect all terms and conditions of the Agreement not inconsistent with the terms and conditions set forth below. NOW THEREFORE, for and in consideration of the mutual covenants and agreements made herein, the parties agree to amend the Agreement as follows: 1. Section 2.3 is amended by adding a new subsection (u) which shall read as follows: All Orange County recreation facilities are operated primarily to benefit Orange County residents at reasonable costs. In addition to adult sports leagues RFP shall offer non-travel house/recreational and travel level youth sports leagues or league access at the Facility and in so doing shall cater primarily to Orange County residents. Such house/recreational youth sports leagues shall include practices and games, matches, festivals, tournaments at substantially similar numbers, frequency, times, and costs to what has historically been provided at the Facility. Priority will be given to introduction, grassroots development and growth of youth sports. Travel youth sports teams and leagues shall not supplant, or reduce access by, house/recreational level youth leagues or teams. RFP may offer all abilities of youth sports leagues directly or through third party contracts. 2. Section 3.2(b) is amended to read as follows: Renewal of this Agreement is the "Renewal Term." This Renewal Term shall commence on July 1, 2023 and end at midnight on June 30, 2025. During this Renewal Term RFP shall fully cooperate with the County in the County's exploration of other management models for the Facility. Unless extended by written agreement of the parties the Agreement shall expire at the conclusion of this Renewal Term. 3. Section 3.3 is amended to read as follows: If the County, upon expiration of the Renewal Term, determines to continue to provide management of the Facility through a private provider and this Agreement has not been terminated upon a default by RFP or at County's discretion then the County will discuss the possibility of a new contract or arrangement with RFP for the provision of such services following the completion of the Renewal Term. The obligation to discuss the provision of such services with RFP is not, nor is it intended to be, a guarantee of any contract rights or future contract with RFP. The management model for the facility and how and by whom management is provided is in the County's exclusive and sole discretion. Revised 06/21