Assignment & Assumption 09/17/2008DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: September 25, 2008
TO: Lynda Stuart, Office Manager
Tourist Development Council
ATTN: Maxine Pacini
/1
Administrative Assistant
v
FROM: Isabel C. DeSantis �)
Deputy Clerk
At the September 17, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
Assignment of Agreement from World Sailfish Championship Charitable Foundation,
Inc. to Executive Adventures, LLC for the April 2008 World Sailfish Championship in the
amount of $37,500.
Enclosed are two duplicate originals of the above -mentioned for your handling. Should
you have any questions please feel free to contact our office.
cc: County Attorney
Finance
✓File
ASSIGNMENT AND ASSUMPTION OF FISHING UMBRELLA CONTRACT
AND CONSENT TO ASSIGNMENT BY MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
THIS ASSIGNMENT AND ASSUMPTION AGEEMENT AND CONSENT TO
ASSIGNMENT ("Agreement") is made to be effective this 172- day of September
2008, by and between World Sailfish Championship Charitable Foundation, Inc., on
the one hand ("Event Sponsor/Assignor"), and Executive Adventures, LLC, on the
other hand ("Assignee").
WHEREAS, an agreement was entered into on October 17, 2007, attached
hereto, between County and World Sailfish Tournament Charitable Foundation, Inc.
(Event Sponsor/Assignor) (the "Fishing Umbrella Contract") to use Tourist
Development funding for the promotion of the World Sailfish Championship in April,
2008 (the "Event"); and
WHEREAS, through a scrivener's error, the name of the Event
Sponsor/Assignor was listed in the Fishing Umbrella Contract as World Sailfish
Tournament Charitable Foundation, Inc., but the correct name of the Event
Sponsor/Assignor is World Sailfish Championship Charitable Foundation, Inc., and
the parties wish to correct this information through this Agreement; and
WHEREAS, the Event Sponsor/Assignor was not able to continue to sponsor
the Event; and
WHEREAS, the Assignee is qualified and did agreed to sponsor and produce
the Event; and
WHEREAS, under Paragraph 14 of the Fishing Umbrella Contract, written
consent of the Monroe County Board of County Commissioners is required prior to
assignment of said contract from Assignor to Assignee.
NOW THEREFORE, the above parties agree as follows:
1. The name of the Event Sponsor/Assignor in the Fishing Umbrella Contract is
hereby corrected to read World Sailfish Championship Charitable Foundation,
Inc. wherever it appears in said document.
2. Event Sponsor/Assignor hereby assigns, transfers and sets over to Assignee
all of its rights, title and interest in, to and under the Fishing Umbrella Contract,
subject to the terms, covenants, agreements, representations and covenants
set forth therein.
Assignment of Agreement with The World Sailfish Championship Charitable Foundation, Inc. to Executive
Adventures, LLC.
1D #: 326
3. Assignee shall and does assume all obligations and responsibilities of Event
Sponsor/Assignor under the Fishing Umbrella Contract.
4. County approves and consents to the assignment of the Fishing Umbrella
Contract from Assignor to Assignee, the new Event Sponsor.
5. Paragraph 1 of the contract shall read:
County shall pay a sum not to exceed $37,500 (Thirty Seven Thousand and
Five Hundred Dollars) for promotion and related expenditures effective
October 17, 2007, as described in the event budget, attached hereto as
Exhibit B, for production of the World Sailfish Championship in April, 2008
C'Event"). Payment will be made only after Event Sponsor submits invoices
and support documentation acceptable to the County's Finance Department
by September 30, 2008.
6. All other provisions of the Fishing Umbrella Contract dated October 17, 2007,
not inconsistent herewith, remain in full force and effect.
1111 WITNESS WHEREOF, the parties have set their hands and seal on the
day and year first above written.
World Sailfish Championship Charitable Foundation, Inc.
(Assignor)
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By: President
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Print Name
OR TWO WITNESSES
(1)
(1)
Print Name
(2)
(2)
Print Name
Assignment of Agreement with The World Sailfish Championship Charitable Foundation, Inc. to Executive
Adventures, LLC.
ID #: 326
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Consent of Monroe County Board of County Commissioners to
Assignment and Assumption
The undersigned hereby consents to the foregoing Assignment and Assumption of
Fishing Umbrella Contract, by and between Assignor and Assignee.
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Effective as of the \ \ - day of September 2008.
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BOARD OF COUNTY COMMISSIONERS
OFMONROE~OUNT~FLORIDA
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Mayor/Chairperson
MONROE COUNTY ATTORNEY
PROVEQ AS TO F. R .
Assignment of Agreement with The World Sailfish Championship Charitable Foundation, Inc. to Executive
Adventures, LLC.
lD #: 326
3
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
FISHING UMBRELLA EVENT BUDGET
BUDGET BREAKDOWN
line item listed below shell be epproved by the appropriate agency of racord
FISCAL YEAR 2008
EVENT NAME:
World SaltfJlh ChamgionshiD
MEDIA PLACEMENT & PRODUcnON COSTS: newlpeper, radio, magazIne.,
TV. wlbaltllllnwmet edvertlalng only
PROMOTIONAL SIGNS: _Io_.nn...
PROMOTIONAL ITEIIS: t"hll'lo, hIlS. jockOla. koozlo cupe
DIRECT MAl~ PROMOTIONS: brochuroolpomphlotol
poo"''''' & ohlpplng
PROGRAMS:
$ 1.200.00
$ 6.000.00
$ 2.200.00
$18.000.00
$ 2.300.00
$ 3.600.00
$ 4.000.00
$37.500.00
PUB~IC RELATIONS
"TROPHIES:
-GENERAL NON-Al.~OCATED
TOT~:
. TOURNAMENTS CANNOT EXCEED IIIORE THAN 30% OF THE TOTAL BUDGET IN TROPHY
UNE ITEM EXCEPT WHEN TOURNAIIIENTS RECEIVED SPECIAL APPROVAL FROM FKFT, INC.
BOARD OF DIRECTORS. ''''17
-GENERAL NON AL~OCATI!D IlAY NOT EXCeeD 15% OF THE ABOVE BUDGET.
AND CAN ON~ Y BE UTIUZED FOR ACCEPT AB~E TDC ITEMS.
ACTUAL EXPENDITURES IlAY DEVIATE NO IIIORE THAN 10% FROM THE BUDGETEO LINE lTEMS
NOTED ABOVE.
EXHIBIT B