Subject:
Title
Approval Re: Agreement between Brevard County and DAD 1300 N Atlantic Cocoa LLC (DAD 1300) (Westin Cocoa Beach Resort) and assign oversight for the operations and maintenance of Lori Wilson Park to the Parks and Recreation Department (District 2)
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Fiscal Impact:
Fiscal Year 24-25 budgeted operation and maintenance costs for Lori Wilson Park are $232,700, paid by the Tourist Development Tax Beach Fund. In Fiscal Year 24-25, Lori Wilson’s rental revenue was $55,240.
Dept/Office:
District 2 Commission Office
Requested Action:
Recommendation
It is requested that the Board of County Commissioners:
• Approve and authorize the Chair to execute the utilization Agreement with DAD 1300 N. Atlantic Cocoa LLC for the use of Lori Wilson Park;
• Transfer oversight of the operations and maintenance of Lori Wilson Park to the Parks and Recreation Department; and
• Authorize the County Manager to approve all necessary budget amendments.
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Summary Explanation and Background:
DAD 1300 N Atlantic Cocoa LLC (DAD 1300) is building the Westin Cocoa Beach Resort project and wishes to reserve certain portions of Lori Wilson Park in advance to provide temporary, exclusive use of events, programs, and services related to hotel guests and groups on a recurring basis.
The attached agreement will allow for the Westin to reserve park space for events with the following restrictions:
• Reservations made by third parties prior to the execution of this Agreement and reservations historically reserved on specific dates/weekends shall have priority over any future DAD 1300 events. The Agreement outlines blackout dates when DAD 1300 shall not be permitted to rent the Park.
• DAD 1300, shall, at their sole expense, relocate the existing dog park in the south portion of the park to the north area of the Park. The north area dog park must be constructed before the current south area dog park is closed. DAD 1300, at their sole expense, shall rehabilitate the existing south area dog park space to an open grass field.
• DAD 1300 shall pay the County fee as approved and published in the Parks and Recreation Fixed Fee Schedule.
• DAD 1300, at its sole expense, has the option to construct a golf cart path extending from the north border to the south border of the Park.
• DAD 1300 may rent the Park up to three (3) years in advance and all rentals of the Park shall be directly related and ancillary to the use of the hotel and convention center. DAD 1300 shall be permitted to rent the south area of the Park for a maximum of 100 days and shall not exceed eleven (11) days per month between November 1 and April 30 and shall not exceed two (2) weekends in any one month. Twelve (12) days per year, DAD 1300 may rent Lori Wilson Park in its entirety, north and south areas, but these rentals will count towards their 100-day maximum.
The Board of County Commissioners, in regular session on August 22, 2017, assigned oversight of Lori Wilson Park’s operation and maintenance to the Tourist Development Office (TDO) and authorized TDO to create a special revenue account for Lori Wilson Park. On October 3, 2017, TDO entered into a Memorandum of Understanding, in which it provided funding to the Parks and Recreation Department to operate and maintain Lori Wilson Park.
It is requested that oversight for operations and maintenance of Lori Wilson Park be transferred to the Parks and Recreation Department. It is further recommended that the Park funding mechanism continue, whereby the TDO provides $232,700 annually (plus CPI) for the operation and maintenance of Lori Wilson to the Parks and Recreation Department.
Clerk to the Board Instructions:
Please return the executed Agreement to Mary Ellen Donner, Director, Parks and Recreation Department.