Orange County NC Website
DocuSign Envelope ID:C9BCB895-3F93-496B-B08B-60CDBDB4C25B <br /> NORTH CAROLINA <br /> CONTRACT AMENDMENT <br /> ORANGE COUNTY <br /> THIS CONTRACT AMENDMENT ("Amendment") is made and entered into this _1st_ day of July, 2023 by and <br /> between ORANGE COUNTY (hereinafter referred to as "County") and RECREATION FACTORY PARTNERS, <br /> INC., a North Carolina Corporation having its principal place of business in Wake County, North Carolina (hereinafter <br /> referred to as"RFP"). <br /> WITNESSETH: <br /> THAT WHEREAS, the County and Recreation Factory Partners, LLC entered into a contract dated 12/15/05 for the <br /> management of the Orange County owned recreation facility currently known as the Orange County Sportsplex and <br /> amended the contract on June 19,2012 (hereinafter the"Agreement"); and <br /> WHEREAS, Recreation Factory Partners, LLC converted itself to another business entity, that being Recreation Factory <br /> Partners, Inc., in 2016 and assumed all rights and responsibilities, under the Agreement, of Recreation Factory Partners, <br /> LLC; and <br /> WHEREAS, the County and RFP desire to amend the Agreement while keeping in effect all terms and conditions of the <br /> Agreement not inconsistent with the terms and conditions set forth below. <br /> NOW THEREFORE, for and in consideration of the mutual covenants and agreements made herein, the parties agree to <br /> amend the Agreement as follows: <br /> 1. Section 2.3 is amended by adding a new subsection (u) which shall read as follows: All Orange County <br /> recreation facilities are operated primarily to benefit Orange County residents at reasonable costs. In addition <br /> to adult sports leagues RFP shall offer non-travel house/recreational and travel level youth sports leagues or <br /> league access at the Facility and in so doing shall cater primarily to Orange County residents. Such <br /> house/recreational youth sports leagues shall include practices and games, matches, festivals, tournaments at <br /> substantially similar numbers, frequency, times, and costs to what has historically been provided at the <br /> Facility. Priority will be given to introduction, grassroots development and growth of youth sports. Travel <br /> youth sports teams and leagues shall not supplant, or reduce access by, house/recreational level youth leagues <br /> or teams. RFP may offer all abilities of youth sports leagues directly or through third party contracts. <br /> 2. Section 3.2(b) is amended to read as follows: Renewal of this Agreement is the "Renewal Term." This <br /> Renewal Term shall commence on July 1, 2023 and end at midnight on June 30, 2025. During this Renewal <br /> Term RFP shall fully cooperate with the County in the County's exploration of other management models for <br /> the Facility. Unless extended by written agreement of the parties the Agreement shall expire at the conclusion <br /> of this Renewal Term. <br /> 3. Section 3.3 is amended to read as follows: If the County,upon expiration of the Renewal Term, determines to <br /> continue to provide management of the Facility through a private provider and this Agreement has not been <br /> terminated upon a default by RFP or at County's discretion then the County will discuss the possibility of a <br /> new contract or arrangement with RFP for the provision of such services following the completion of the <br /> Renewal Term. The obligation to discuss the provision of such services with RFP is not, nor is it intended to <br /> be, a guarantee of any contract rights or future contract with RFP. The management model for the facility and <br /> how and by whom management is provided is in the County's exclusive and sole discretion. <br /> Revised 06/21 <br />