OTHER-2023-037-Contract Amendment – Recreation Factory Partners, Inc. (Sportsplex)

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wMak3 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 i WI-fREAS , 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 j 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