File #: 19-1209    Version: 1 Name:
Type: Resolution Status: Passed
File created: 12/10/2019 In control: City Commission
On agenda: 12/10/2019 Final action: 12/10/2019
Title: APPROVAL OF RESOLUTION 215-19 OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING AMENDMENT NO. 6 TO THE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND MATCH POINT, INC.
Sponsors: City Attorney Department
Attachments: 1. Agenda Cover Report, 2. Match Point Agreement Amend No 6, 3. Res 215-19 Amendment No 6 to MP Agreement
TO: Mayor and Commissioners
FROM: Lynn Gelin, City Attorney
DATE: December 10, 2019

Title
APPROVAL OF RESOLUTION 215-19 OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING AMENDMENT NO. 6 TO THE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND MATCH POINT, INC.

Body
Recommended Action:
Recommendation
Motion to Approve Resolution 215-19 approving Amendment No. 6 to the Agreement between the City of Delray Beach and Match Point, Inc., finding that approval of said Amendment is in the best interests of the City and that waiver of competitive requirements is appropriate.

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Background:
On October 12, 2005, the City entered into an Agreement with Match Point, Inc. for Match Point’s use of the City’s Municipal Tennis Center to host its annual Association of Tennis Professionals (“ATP”) tennis tournament. (“Agreement”), also known as the Delray Beach Open. The original Agreement between the City and Match Point has been previously amended five times.

In 2016, a dispute arose between the City and Match Point concerning the validity of the Agreement which resulted in the City filing an action for declaratory relief (Palm Beach County Case No. 502016CA002812). Settlement of that matter is conditioned on approval of this Amendment.

The number of ATP tournaments around the world is limited and, in fact, the City of Delray Beach is the smallest host city on the ATP World Tour. The services provided by Match Point are unique and have generated millions of dollars to the local economy for the past twenty years.

This Amendment No. 6 modifies the original agreement between the City and Match Point in the following ways:

a. Annual Contribution to Match Point will be $1,699,673.00. Payments will be made in monthly installments ($141,639.42) for the remainder of the agreement. The escalator provision has been removed;

b. Annual Contribution to Match Point for the ATP Champions Tour will be $443,369.00. The escalator provision has been removed; and

c. Television...

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