FILE

An ordinance to amend the lease agreement between the city and the company operating the city-owned water park was rejected by Cape Coral City Council Wednesday

ProParks, which is leasing the property on 400 Santa Barbara Blvd. where Sun Splash Family Waterpark is located, is seeking to expand the park by adding a wavepool and new admissions building in time for the 2024 season.

Kirk Kaplan, president of ProParks, said the additions would greatly increase revenues, which in 2022 were more than $4 million, with more than 140,000 attending.

To do this, Kaplan asked to amend the lease agreement to where the company would pay as additional rent 15 percent of the gross sales that exceed $2.1 million but do not exceed $4 million in any year. They would pay 7.5 percent of the gross sales that exceed $4 million.

ProParks anticipates the city constructing a public parking lot north of the premises in FY 2024. The parking lot will be open for use by all visitors of the Lake Kennedy Complex.

Most Council members had a problem with this, believing that ProParks was getting the better of the deal, even though they appreciate that ProParks is willing to make the investment.

“I think this deal benefits you more than us. I think there can be additional negotiations between you and staff,” Mayor John Gunter said. “I’m not shutting the door on this, but when there’s a business agreement, it has to be beneficial for both parties.”

The proposal fell though with Councilmembers Jessica Cosden, William Steinke and Tom Hayden voting in favor, who said it was imperative to make the investments to keep Sun Splash relevant as more attractions are being built.

In other business:

• Council voted 7-1 to award the contract to construct the Lake Kennedy Racquet Center to Charles Perry Partners. The contract, with contingencies, is worth $11,243,030 and is funded by the city’s parks GO Bond.

There will be a full buildout of the facility, making room for 32 pickleball courts and 12 tennis courts instead of half that, which the base bid had. This would add nearly $2 million to the original $8.7 million base bid, which most on council decided was, frankly, a bargain as compared to waiting.

Councilmember Keith Long did not agree and voted against it.

• Council also held the first of two public hearings on an ordinance to govern mobile food vendors and courts, which supporters say is patterned after the one Lee County uses.

The trucks would need to stay mobile, leaving a job site at night and removing any gear. Seating areas, tented or not, would not be allowed.

Two people spoke out during the public hearing, asking Council not to pass the ordinance, especially after the service they provided after Hurricane Ian, where they became, in some cases, the only food source for residents and their families.

A second and final public hearing will be held on Wednesday, Jan. 25.