Consent to Assignment 07/20/2005
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
July 26, 2005
TO:
Dent Pierce, Director
Public Works Division
ATTN:
Beth Leto, Administrative Assistant
Public Works Division
Pamela G. Hanc~
Deputy Clerk CJ'
FROM:
At the July 20, 2005, Board of County Commissioner's meeting the Board granted
approval and authorized execution of a Consent to Assignment of Lease between Monroe
County, Meghan Cole d/b/a Yoga By The Sea, Assignor, and Nancy Curran, d/b/a Yoga On The
Beach, Assignee, to license the use of the platform at Higgs Beach, Key West, Florida.
Enclosed is a duplicate original of the above-mentioned for your handling. Should you
have any questions please do not hesitate to contact this office.
cc: County Attorney
Finance
File /
CONSENT TO ASSIGNMENT OF LEASE
This Consent to Assignment is entered into this July 20,2005, between the COUNTY
OF MONROE, a political subdivision of the State of Florida, hereafter County and
Meghan Cole d/b/a Yoga By The Sea, hereafter Assignor, and Nancy Curran d/b/a Yoga
On The Beach, hereafter Assignee, the parties agreeing as follows:
1. On June 14, 2000, Yoga By The Sea received Board approval to use the platform at
Higgs Beach. On April 17, 2002, the Board granted approval to increase classes
from 7 per week to 11 per week, from 1 % hour sessions to 2 hour sessions, and
from $10.00 per session to a f1atfee of $400 per month. On July 14, 2004, the Board
approved a Facilities Use Agreement for May 1, 2004 through October 31, 2004, and
each May 1 through October 31 thereafter to pay the County $120 per month for 3
classes per week (each class not to exceed 1 % hours); on November 1, 2004, the
fee shall be $400 per month for 11 classes per week.
2. Paragraph 8 of the Facilities Use Agreement provides that Yoga ByThe Sea may
elect to assign, transfer, conveyor sublet only upon previous written consent of the
Board of County Commissioners.
3. The Assignor and Assignee have entered into a contract for sale/purchase of the
business which contract includes an assignment to Assignee of all the Assignor's
rights, title and interest in the Facilities Use Agreement.
4. In consideration of such consent, the Assignee agrees to be bound by all the terms
and conditions of the Facilities Use Agreement.
.~:~~S WHEREOF, the parties have hereunto set their hands and se~th~da~
>a(lci~~written above. ::o("')?S ~
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(Seao;:~;'i.:;; ;)i BOARD OF COUNTY COMMI~E~ ;:0
~ L. KOlHAGE, CLERK OF MONROE COUNTY, FLO~ :z: ;:g
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.....Deputy Clerk
By:
Mayor Dixie M. Spehar
ASSIGNEE: NANCY CURRAN, D/B/A
YOGA ON THE BEACH
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By:'. \./ ~,~
~ Curran