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4th Amendment 02/18/2009 DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: March 3, 2009 TO: Lynda Stuart, Office Manager Tourist Development Council ATTN: Maxine Pacini Administrative Assistant FROM: Pamela G. Hanc~ Deputy Clerk At the February 18, 2009, Board of County Commissioners meeting the Board granted approval and authorized execution of an Amendment to Agreement between Monroe County and Keys Association of Dive Operators (KADO) to revise the Recommendation Committee Member name for DAC III. Enclosed are two duplicate originals of each of the above-mentioned for your handling. Should you have any questions please feel free to contact our office. cc: County Attorney Finance ../ File AMENDMENT #4 TO AGREEMENT ~,t THIS AMENDMENT #4 to Agreement is made and entered into this li~ day of 2009, A.D., by and between MONROE COUNTY, FLORIDA (County), and Keys Associa n of Dive Operators (KADO). WHEREAS, an Agreement was entered into on November 17, 2004 and amended on August 17, 2005, September 20, 2006, May 16, 2007 and December 19, 2007, between the parties authorizing KADO to oversee the TDC Dive Umbrella, an advisory committee which makes recommendations to the TOC and SOCC concerning dive related marketing activities; and WHEREAS, it is necessary to appoint a new TDC Dive Umbrella Recommendation Committee member from Djstrict 1II; NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree as follows: 1. Exhibit A of the Agreement entered into on November 17, 2004 and amended on August 17, 2005, September 20, 2006, May 16, 2007 and December 19, 2007 shall be revised to name Kim Roney as the KADO Recommendation Committee member for District III. (See revised Exhibit A-5.) 2. The remaining provisions of the contract dated November 17, 2004 and Amended on August 17,2005, September 20, 2006, May 16, 2007 and December 19, 2007, remain in full force and effect. ;IJ5{~lNESS WHEREOF, the parties have set their hands and seal on the day and year first ab~i~ftfe~: .. . , , A~:~y .~. KOlhage, 'ClerkQf Mor\..' County '~ (CORPORATE SEAL) Attest: ,A-~./:. KJ0LA4.,e4- Mayor/Chairman (1) (2) Keys Association of Dive Operators ~,~~,~mh i Print Name ;tJP~.. C)",-< tTl ;:0 c-) :x: r- , ~ ('"):x: w ~;:; :0 0 ~(-,~ :I :<:-1> '" ..." C') ~ er r- f'1l W -. " ;:= ", o -yy o ;:0 ::c ,.." ("') C) :::0 o By. Secretary Print Name OR TWO WITNESSES Print Name: Print Name: Amendment # 4: KAnO MONROE COUNTY ATTORNEY A~ T~ :rn:J} N . AI.:L ASS1STANT_COllli~Y ATT8QNEY Date ;;t "3 ()...IJ EXHI,IT A-5 DIVE UMBRELLA RECOMMENDATION COMMlrrEE The Recommendation Committee is established to recommend appropriations for Dive related marketing activities to the TDC and SOCC. The Recommendation Committee of KADO, as Dive UmbreUa, an advisory committee to the Monroe County TOC and BOCC. is comprised of five (5) members, with one member representing each of the five TDC districts throughout the Florida Keys. Each member shaH be engaged in business in the district which said member represents, such business being related to the Dive industry. The members shan be appointed by KADO and confirmed by the TOC and BOCC. By approval of this Amendment to Agreement, the members shall be: District , Ceca Roycroft District II Maryanne Rockett District III Kim Roney District IV Tom Timmerman District V Amy Slate Upon the cessation of operations of a member's dive related business in the District for which appointed, a member shall be immediately terminated from the Recommendation Committee and KADO shall appoint a replacement and process the appointment for TDC and eoce approval. Additionally. KADO may request approval from TDC and eocc for a replacement member of the Recommendation Committee for any reason it deems appropriate. Amendment # 4: KAnO