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Agenda 11/08/2022 Item #11K (Update from Football University under football division of Step Sports, LLC)11.K 11 /08/2022 Recommendation to accept an update from Football University, an entity under the football division of 3 Step Sports, LLC. OBJECTIVE: To present an update from Football University, an entity under the football division of 3 Step Sports, LLC. CONSIDERATIONS: Collier County has a Sponsorship Agreement with 3 Step Sports, LLC, previously known as Football University, LLC ("FBU") before FBU was acquired by 3 Step Sports. On April 13, 2021, 3 Step Sports LLC, acquired all of FBU's assets and accepted and assumed all rights, duties, benefits and obligations of FBU, including all existing and future obligations to pay and perform under the Sponsorship Agreement. The July 14, 2020 Agreement is for Collier County to host the FBU National Championships and to host the FBU Top Gun Showcase through 2025. The Agreement provides in part, that FBU agrees to: • At its sole cost and expense, FBU will promote, market, and present FBUNC and FBU Top Gun events to take place at Paradise Coast Sports Complex through 2025. • Provide written acknowledgement of the sponsorship by the Collier County Convention and Visitor's Bureau. • Deliver 4 additional self -operated events at Paradise Coast Sports Complex in the first two years of the agreement. The Agreement provides in part, that Collier County agrees to: • Pay FBU a sponsorship fee in the sum of up to Five Hundred thousand dollars each year for the two events. The sponsorship fee is intended to help FBU pay for its costs related to hosting the FBUNC and Top Gun events. • In addition to paying a sponsorship fee, Collier County shall assist FBU in its hosting of these two events on an as needed basis, such as: o Promotion on the CVB's website o Hotel information o Local and regional press coverage o Visitor information distribution Staff recommends accepting this update outlining the benefits of the partnership with Football University, an entity under the football division of 3 Step Sports, LLC, presented by Managing Partner of Football University, Steven Quinn. FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval. - CMG RECOMMENDATION: Recommendation to accept the Football University Presentation. Packet Pg. 348 11 /08/2022 Prepared by: Marissa Baker, Sports Complex Manager, Corporate Business Operations. ATTACHMENTS: FBU Snapshot; 2020 Sponsorship Agreement; 2021 Assumption Agreement ATTACHMENT(S) 1. FBU - Snapshot(PDF) 2.2020 Sponsorship Agreement (PDF) 3.2021 Assumption Agreement (PDF) Packet Pg. 349 11.K 11/08/2022 COLLIER COUNTY Board of County Commissioners Item Number: 1 LK Doc ID: 23786 Item Summary: Recommendation to accept an update from Football University, an entity under the football division of 3 Step Sports, LLC. (Marissa Baker, Sports Complex Manager) Meeting Date: 11/08/2022 Prepared by: Title: — Corporate Business Operations Name: Marissa Baker 11/01/2022 9:04 AM Submitted by: Title: Deputy County Manager — County Manager's Office Name: Dan Rodriguez 11/01/2022 9:04 AM Approved By: Review: Tourism Office of Management and Budget County Attorney's Office County Attorney's Office Office of Management and Budget County Manager's Office Board of County Commissioners Paul Beirnes Additional Reviewer Debra Windsor Level 3 OMB Gatekeeper Review Colleen Greene Level 2 Attorney Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Christopher Johnson Additional Reviewer Dan Rodriguez Level 4 County Manager Review Geoffrey Willig Meeting Pending Completed 11/01/2022 10:19 AM Completed 11/01/2022 10:27 AM Completed 11/01/2022 12:28 PM Completed 11/01/2022 4:12 PM Completed 11/02/2022 8:29 AM Completed 11/02/2022 9:04 AM 11/08/2022 9:00 AM Packet Pg. 350 L 0 , 10 Eel FOOTBALL UNIVERSTY X PARTNERSHIP SNAPSHOT & BENEFITS NAPLES MARCO ISLAND EVERGLADES FLORIDA'S PARADISE COAST FBU hosts three (3) of the largest youth and high school football events in the entire country within Collier County These events alone bring 10,000+ visitors annually to the Paradise Coast Year-round marketing of Collier County is integrated into every FBU event —with the goal being to increase awareness and drive additional tourism to the Paradise Coast 39 FBU Regional Camps Nationwide FBU Futures Showcase & FBU Top Gun Showcase (held in Naples, FL) FBUNC Regional Rounds (8-10 markets annually) FBUNC Championship Week (held in Naples, FL) FBU Freshman All -American Bowl (held in Naples, FL) Unparalleled visibility and engagement of the Paradise Coast provided by FBU through use of social media platforms FBU leverages both social/digital media and on -site activation to promote Collier County — including the Naples, Marco Island Everglades logo on 6,000+ jerseys worn by athletes playing in the FBUNC FBU's official partnership with the All -American Bowl includes two (2) Paradise Coast specific commercials that are aired on a National Broadcast to millions of viewers This also includes the selection student -athletes from Collier County to participate in the game each year — two (2) local players are already scheduled to play in the game this January FBU is committed to the growth & tourism of Collier County and has already helped spearhead additional events from within their current partnerships and network FBU has already referred and driven 14 separate events that have been, or will be, hosted at the Paradise Coast Sports Complex FBU's parent company, 3Step Sports, operates across nine (9) different sports nationwide and is currently the biggest provider of youth sporting events in the USA FBU is focused on securing/driving an additional ten (10) events each year to Collier County for free WHERE FOOTBALL PLAYERS GET BETTER ' • �i='r'� pVAMra771VF� YU n V B01Nyl � X?_� * F Fs� FBA 'Im1 AlNIII�IMC - " a Packet Pg. 351 11.K.2 16F9 SPONSORSHIP AGREEMENT BE, COLLIER COUNTY AND FOOTBALL UNIVERSITY, LLC FBU NATIONAL TOP GUN SHOWCASE FBU NATIONAL CHAMPIONSHIPS THIS AGREEMENT is made and entered into this day of , 2020, by and between Collier County, a political subdivision of the State of Florida ("only"), and Football University, LLC (FBU), authorized to do business in Florida. RECITALS: WHEREAS, the County has adopted a Tourist Development Plan funded by proceeds ftom the Tourist Development Tax; and WHEREAS, the Collier County Tourist Development Tax Ordinance provides that certain amounts of the revenues generated by the Tourist Development Tax are to be allocated to promote and advertise tourism within the State of Florida, nationally and internationally, which encourages tourism; and WHEREAS, FBU is currently a Party to two Sponsorship Agreements with Collier County to host the FBU National Championships (each December 2019 and 2020) and to host the FBU Top Gun Showcase (each summer 2020 through 2022); and WHEREAS, the Parties to the Sponsorship Agreements wish to continue the Agreements to host these two events each year from 2020 through 2025; and WHEREAS, the Parties to the Sponsorship Agreements wish to consolidate the two Agreements into one Agreement as memorialized herein; and WHEREAS, with the recommendation of the TDC, the Collier County Board of County Commissioners has reviewed and approved the proposal of FBU and specifically finds that the two proposed events promote tourism. WITNESSETH: NOW, THEREFORE, in consideration of the promises and covenants contained herein, and other good and valuable consideration exchanged amongst the parties, the parties agree as follows: 1. All the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. FBU agrees as follows: A. At its sole cost and expense, FBU will promote, market and present the FBU National Championship (FBUNC) to take place in Collier County in December 2020 through 2025, and the Top Gun Showcase, to take place at the Collier County Paradise Coast Sports Complex each year starting July 2020 through July 2025. As part of this commitment, FBU at its sole cost and expense, will also: t20-TDCf00185/1547902/1j 1 G:\SPORTS MARKETING\SPORTS MARKETING\FBU\2019 (�1-111 AO, Packet Pg. 352 11.K.2 3. 16FY i. Lease the Paradise Coast Sports Complex directly from the operating agency and will comply with all then current County requirements for the hosting of events of this size. These requirements will include but are not limited to: providing the necessary insurance, crowd control, parking, security, EMS, restroom facilities, waste removal, all necessary game day operation equipment, personnel and other additional event operation expenses incurred in running the FBUNC and the Top Gun Showcase. a. In the event that the Paradise Coast Sports Complex is not ready for play or not available for use due to a compelling public purpose, the County will work with FBU to provide alternative locations and fields including but not limited to providing other Collier County Parks and Recreation Facilities for use for the FBUNC and the Top Gun Showcase. ii. Provide written acknowledgement of the sponsorship by the Collier County Convention & Visitors Bureau (CVB) using the phrase "Funded in part by the Collier County Tourist Development Tax" and placement of the CVB logo in all media, marketing, promotion, and as part of the local activation at all FBU events prior to the Top Gun Showcase and the FBUNC in Naples using the #PathtoNaples branding message. iii. In fiirther consideration of the above, starting in Fiscal Year 2021, and at no additional cost to the County, FBU will deliver four (4) additional self -operated events at the Paradise Coast Sports Complex in the first two years of this Agreement, Examples of these additional events would be a Southwest Florida Championship, 7 v 7 tournament, Spring tackle or flag football championship, Florida Regional Jamboree or National Football Alliance. Collier County agrees as follows: A. In consideration of the above, County will pay FBU a Sponsorship Fee in the sum of up to Four Hundred Thousand Dollars ($400,000) each year for the 2020 through 2025 FBU National Championships. Although this Sponsorship Fee is intended to help FBU pay for its costs related to hosting the FBU National Championships event, FBU may use this fee in any manner it deems fit. B. In further consideration of the above, County will pay FBU a Sponsorship Fee in the sum of up to One Hundred Thousand Dollars ($100,000) each year for the 2020 through 2025 FBU Top Gun Showcase. Although this Sponsorship Fee is intended to help FBU pay for its costs related to hosting the FBU Top Gun Showcase, FBU may use this fee in any manner it deems fit, C. Each year, payment shall be made in 5 installments as follows: 1. The First Payment of Fifty -thousand dollars ($50,000.00) for the FBU Top Gun Showcase each year shall be paid to FBU within 45 days of the County's receipt of an invoice and the written notice and schedule provided by FBU that it has commenced selection process to identify the participants for the Top Gun Showcase event in Naples. Such notice will be provided in a written statement of the process FBU will follow in preparation for the 'Fop Gun Showcase at the Paradise Coast Sports Complex. Documentation will also include proof of onsite [20-TDG-00185/1547902/11 2 G:\SPORTS MARKETING\SPORTS MARKETING\FBU\2019 r� y Cat} Packet Pg. 353 11.K.2 16F9 activation of the CVB logo and #PathtoNaples branding on all Top Gun Showcase promotional placement such as social media promotion, c-newsletters, digital advertising, website updates, and website banner ads on football related websites such as the FBU event website. All marketing, promotion and advertising must include the CVB logo as provided by Collier County to FBU. 2, The Second Payment of One Hundred Fifty Thousand dollars ($150,000) shall be paid to FBU each year for the FBU Football Championships within 45 days of the County's approval of a receipt of an invoice and the written notice that the Football University Camps have commenced and a schedule is provided by FBU of those camps. Documentation will be included of the pre -promotion of the FBUNC event and social media posts promoting FBUNC event in Naples using #PathtoNaples branding at all FBU events, media placement promoting the qualifying rounds such as social media, e-newsletters, digital advertising, website updates, and website banner ads on the FBU website and other football related websites. All marketing, promotion and advertising must include the CVB Iogo as provided by Collier County to FBU. 3. The Third Payment of Fifty -thousand dollars ($50,000.00) for the FBU Top Gun Showcase each year shall be paid to FBU within 45 days from the conclusion of the Top Gun Showcase event and upon receipt of an FBU invoice and submittal of a Post Event Report. Evidence of the conclusion of that event may include video, social media posts, event announcer read scripts and local use of the CVB logo at the event site as agreed to. Submittal of a Post Event Report shall document the aggregate participant and spectator attendance at the Top Gun Showcase in Naples and the number of accommodation room nights and direct visitor spending generated in Collier County by event participants and spectators, This final invoice and Post Event Report and all documentation shall be submitted to the County within 30 days following the conclusion of Top Gun Showcase, 4. The Fourth Payment of One Hundred Twenty-five thousand dollars ($125,000) shall be paid to FBU each year for the FBU National Championships(FBUNC) upon conclusion of the qualifying rounds of the FBUNC and upon receipt and approval of the FBU invoice. Evidence of the conclusion of those qualifying round events may include video, social media posts, event announcer read scripts and local use of the CVB logo. 5. The Filth and final payment of up to One Hundred Twenty -Eve thousand dollars ($125,000.00) shall be paid to FBU each year for the FBUNC within 45 days of the receipt and approval of a final invoice following the conclusion of each year's FBUNC event, and the backup information outlined below: a. Proof that the FBU National Championship games in Naples were broadcast and live streamed and a minimum of three (3) :30 CVB supplied commercials ran in the broadcast and/or live streaming of each of the age bracket Championship games; and proof that two (2) :30 CVB commercials ran in the national telecast of the All - American Bowl in San Antonio, TX as agreed to. b. Submittal of a Post Event Report that documents the aggregate participant and spectator attendance at the various FBUNC events [20-TDC-o0285/1547902/1) 3 G.\SPORTS MARKETINGWORTS MARKETING\FBU\2019 CA Packet Pg. 354 11.K.2 16FY in Naples including Regional Qualifiers, and the number of accommodation room nights and direct visitor spending generated in Collier County by FBUNC events participants and spectators. This Fifth and final invoice, Post Event Report and all- documentation shall be submitted to the County within 30 days following the conclusion of the FBUNC in Naples and the All -American Bowl in San Antonio, TX, whichever date is later. 6. All invoices are payable in compliance with Florida's Prompt Payment Act. 7. Within 45 days from the County's receipt of the FBU final invoice, the Parties shall meet to discuss the next year's FBU National Championship and FBU Top Gun Showcase events and the results of any new football events brought to Colleir County by FBU during that year. At that time, the Parties will review the information provided by FBU as pant of its invoice submissions and consider whether changes are needed to this Sponsorship Agreement for the following years' events. To be effective, any changes must be memorialized by an Amendment to the Agreement. The County Manager or his designee is authorized to extend this time frame on behalf of the County. 4. In addition to paying a Sponsorship Fee, Collier County shall assist FBU in its hosting of these two events, which will include some or all of the following on an as needed basis: L Year-round promotion of the FBUNC and the Top Gun Showcase on the CVB's sports marketing website, Facebook, and Twitter platforms; ii. Assistance with hotel information including suggestions on hotel properties, events space or other requested information.; iv. Assistance with local and regional press coverage; V. Assistance in gathering of discounts to local attractions and restaurants; vi. Administrative assistance with obtaining necessary permits; vii. Visitor information distribution about local attractions to FBUNC and Top Gun participants and families; and viii. Assistance with identifying classroom locations in other Collier County facilities including Collier County Public Schools or other similar venues for the classrooms during the Top Gun Showcase. Should classrooms become available at the Paradise Coast Sports Complex, the Top Gun Showcase may use these classrooms at no additional charge, LEGAL MATTERS S. INDEMNIFICATION AND DUTY TO DEFEND: A. To the maximum extent permitted by Florida Law, FBU shall indemnify, defend and hold harmless the County, its officials and employees from any and all liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fee and paralegals' fee to the extent caused by the negligence, recklessness, or intentionally l20-TOC-00185/1547902/1l 4 G:\SPORTS MARKETI NG\SPORTS MARKETING\FB U\2019 Packet Pg. 355 11.K.2 16F9 wrongful conduct of FBU in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of the County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond limits set forth in section 768,28, Florida Statutes. B. The duty to defend under this Section is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of FBU, the County, or any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to FBU. FBU's obligation to indemnify and defend the County will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against FBU or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 6. INSURANCE: FBU shall at all times during the term of this Agreement maintain insurance coverage at amounts that are commercially reasonable, including at least Comprehensive General Liability at $1,000,000. Collier County and its affiliates shall be named as an additional insured on all such policies of insurance and FBU shall provide proof of insurance at least 7 days prior to the start of the Top Gun Showcase and the FBUNC events or at Collier County's request. 7. NOTICES: All notices from the County to FBU shall be in writing and deemed duly served if mailed by registered or certified mail to FBU at the following address: Steve Quinn Football University, LLC 6031 Cypress Hollow Way Naples, FL 34109 All notices from Football University to the County shall be in writing and deemed duly served if mailed by registered or certified mail to the County to: Jack Wert, Tourism Director Collier County Tourism Division 2660 N. Horseshoe Drive, Suite 105 Naples, Florida 34104 Jack.Weil@colliercounVfl.gov FBU and the County may change the above trailing addresses at any time upon giving the other party written notification pursuant to this Section. 9. NO PARTNERSHIP: FBU is an independent contractor. Nothing herein contained shall be construed as creating a partnership or joint venture of any kind between the County and FBU, its vendors or subcontractors, or to constitute FBU, or its vendors or subcontractors, as an agent or employee of the County. All revenue of any kind received by FBU related to hbsting these events, are for the sole benefit of FBU, and County will not be entitled to share in any profit received by, or be liable to share in the cost incurred by FBU arising from these events. , 120TOC-00185/15479D2/11 S G7\SPORTS MARKETING\5PORTS MARKETING\FBU\2G19 Packet Pg. 356 11.K.2 I6F9 9. COOPERATION: Each parry shall fully cooperate with the other in all matters pertaining to this Agreement and shall provide all information and documentation as requested from time to time. 10. TERM: This Agreement shall become effective on approval by the Board of Commissioners and remain in effect through December 31, 2025. There is no right to renew by either party. i t . TERMINATION FOR CONVENIENCE: This Agreement may be terminated by either Party by giving the other party written notice 6 months in advance of the termination date. After the conclusion of the final event, and the satisfaction of all obligations and payments arising from this final, the Parties will have no further obligations whatsoever with respect to this Agreement. 12. OPTION TO TERMINATE: Either party may terminate or cancel this Agreement on less than 6 months written notice without penalty. Upon the satisfaction of all obligations and payments arising from the prior event that was held, each Party will have no further obligation whatsoever to the other with respect to this Agreement. 13. GENERAL ACCOUNTING AND AVAIIABILITY OF RECORDS: With respect to all matters covered in this Agreement, FBU shall maintain complete and accurate accounting records, and shall maintain these records, books, documents, papers and financial information pertaining to work performed under this Agreement for a period of three (3) years, in compliance with Chapter 119, the Florida Public Records Law. 14, AVAILABILITY OF FUNDS: This Agreement is subject to the availability of Tourist Development Tax revenues. If for any reason tourist tax funds are not available to fund all or part of this Agreement for any given event year, the County may upon written notice, at any time during the term of this Agreement, reduce or eliminate funding under this Agreement. Upon receipt of such notice, FBU will have the option to either terminate this Agreement or continue this Agreement without such funding. If following receipt of such notice FBU elects to terminate the Agreement, the County will reimburse FBU for all eligible and documented expenditures actually incurred up to the date written notice was received. 15. PROHIBITION OF ASSIGNMENT: This Agreement is personal to FBU. As such, FBU may not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the County, which consent may be withheld in the County's sole discretion. 16. AMENDMENTS: This Agreement may only be amended by mutual written agreement of the parties, and must be made with the same formalities as was done in entering into this Agreement. 17. VENUE AND GOVERNING LAW: This Agreement shall be governed by and construed under the laws of the State of Florida. The parties shall attempt in good faith to resolve any dispute concerning this Agreement through negotiation between authorized representatives. If these efforts are not successful, and there remains a dispute under this Agreement, the parties shall first engage in voluntary mediation, with each side sharing all costs. Following the conclusion of this procedure, either party may then file an action in the Circuit Court of Collier County, which shall [20-TOC-00185/1547902/11 6 G.\SPORTS MARKETING\SPORT5 MARKETING\FBU\2019 kINO Packet Pg. 357 11.K.2 16F9 be the exclusive venue with respect to any disputes arising out of this Agreement. In the event of litigation, each side shall bear its own attorney's fees. 18. ENTIRE AGREEMENT: This Agreement sets out the entire agreement between Collier County and FBU with respect to the subject matter contained herein, the FBU National Championships and the Top Gun Showcase for years 2020 through 2025. It supersedes all prior agreements, proposals, arrangements and communications, whether written or oral, with respect to both events, including but not limited to the parties' agreements and agreements related to FBU National Championships and the Top Gun Showcase events, which agreements are hereby terminated in their entirety and of no firrther• force and effect as of the date of this Agreement. In the event of any conflict between a provision of the Agreement and a provision of an invoice, the provisions of this Agreement will prevail. No modification or waiver of this Agreement or any of the provisions hereof will bind either party unless an authorized agent of each party agrees in writing to the modification waiver. IN WITNESS WHEREOF, FBU and Collier County have respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAI�KN7d,lexk COLLIER LINTY, FLO DA ByBy:. r tk Burt Saunders Chairman By: Approved as to form and legality: (ikileen M. Greene Managing Assistant County Attorney Item # L4a Agana Date Date Dw A (20TDC-00185/1547902/11 7 G:\SPORTS MARKETING\SPORTS MARKETING\FBU\2019 Packet Pg. 358 11.K.2 w 00 ti M N C N E N d L tm a L 0 0 Q Co CD O N r C d E L V a Packet Pg. 359 11 K.2 07/ 14/2020 EXECUTIVE SUMMARY Recommendation to approve the combined FBU National Championship (FBUNC) and Top Gun Showcase agreements and to extend the term for each event to 2025 and make a finding that this action promotes tourism. OBJECTIVE: Approval of combining the agreements for the FBUNC and Top Gun Showcase events into a single agreement and extend the term of those events, CONSIDERATIONS: The FBUNC event agreement was recommended by the TDC and approved by the BCC on April 23, 2019. The FBU Top Gun event agreement was recommended by the TDC on December 10, 2019. These two events are owned and managed by Steve Quinn, President of FBU, LLC and the desire is to extend the term on each event to 2025. Combining the two events into one Agreement will make the payment installments easier to manage due to the closeness of each installment. The attached Agreement combines these two events into one document and divides the $400,000 commitment for the FBUNC and the $100,000 commitment for the Top Gun Championship into five installments. We have also included in this combined Agreement the commitment that FBU LLC and Steve Quinn have made to bring at least four new football related events to Collier County to be hosted at the new Paradise Coast Sports Complex. All the terms of each of the separate agreements currently in place have been incorporated into this combined Agreement. Payments for each of the 2020 FBU events that have already been processed under the current two event sponsorship agreements will not be paid from this new combined events Agreement. FISCAL IMPACT: $400,000 for the FBUNC and $100,000 for the Top Gun Showcase events are included in the BCC approved FY 20 Tourism Division budget and the balance of payments that occur in FY 21 will be carried over to the FY 21 requested Tourism Division budget. Funding for both events will be requested in the Tourism Division budget for FY 22, FY 23, FY 24 and FY 25. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan with this Executive Summary. ADVISORY BOARD RECOMMENDATION: The Tourist Development Council recommended approval of this item 8-0 at the ,tune 22, 2020 meeting. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval. - CMG RECOMMENDATION: To approve the combined FBU National Championship (FBUNC) and Top Gun Showcase agreements and to extend the term for each event to 2025 and make a finding that this action promotes tourism. Prepared by: Jack Well, Tourism Director ATTACHMENT(S) 1. Stamped FBUNC Top Gun Combined Agreement (PDF) 17 Packet Pg. 360 11.K.2 w 00 ti M N C N E N d L tm a L 0 0 Q Co CD O N r C d E L V a Packet Pg. 361 MEMORANDUM Date: April 16, 2021 To: Jennifer Leslie, Operations Coordinator Corporate Business Operations From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Assignment & Assumption Agreement w/3 Step Sports, LLC Attached for your records is one (1) original of the document as referenced above, (Item #16F2) adopted by the Board of County Commissioners on Tuesday, April 13, 2021. An original is being held in the Minutes & Records Department as part of the Official Records. If you have any questions, please feel free to contact me at 252-8411. Thank you. Attachment Packet Pg. 362 11.K.3 16F2 ASSIGNMENT AND ASSUMPTION AGREEMENT This Assignment and Assumption Agreement is made and entered into on this 13-rh of P Qn: \ , 2021 by and between 3 Step Sports, LLC, ("3STEP") and Collier County, a political subdivision of the State of Florida ("County"). WHEREAS, on July 14, 2020 (Agenda Item 16F9) the County entered into a Sponsorship Agreement with Football University, LLC ("FBU"), attached hereto as Exhibit "A" (hereinafter referred to as "Agreement''); and WHEREAS, on , 2021, 3STEP, a foreign limited liability company authorized to operate in the State of Florida, acquired all of FBU's assets and WHEREAS, 3STEP hereby represents to Collier County that by virtue of an acquisition of FBU's assets it is now the successor in interest in relation to the Agreement; and WHEREAS, Paragraph 15 of the Agreement allows assignment only with express written permission of the County; and WHEREAS, the parties wish to formalize 3STEP's assumption of rights and obligations under the Agreement effective as of the date first above written. NOW THEREFORE, IN CONSIDERATION of the mutual promises in this Assumption Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties, it is agreed as follows: 1. 3STEP accepts and assumes all rights, duties, benefits, and obligations of FBU under the Agreement, including all existing and future obligations to pay and perform under the Agreement. 2. 3STEP will promptly deliver to County evidence of insurance consistent with the Agreement. 3. Further supplements to, or modifications of the Agreement shall be approved in writing by both parties. 4. Notice required under the Agreement to be sent to 3STEP shall be directed to: David Geaslen 200 Ballardvale Street Wilmington, MA 01887 5. The County hereby consents to 3STEP's assumption of the Agreement in order to continue the services provided under the Agreement. No waivers of performance or extensions of time to perform are granted or authorized. The County will treat 3STEP as it would have FBU for Page 1 of 2 Packet Pg. 363 11.K.3 i F2 all purposes under the Agreement. Except as provided herein, all other terms and conditions of the Agreement remain in full force and effect. IN WITNESS WHEREOF, the undersigned have executed and delivered this Assignment and Assumption Agreement effective as of the date first above written. ATTEST: Crystal K: Kinzel; Clerk C\ I Qe pt4'ft M Al, B Deputy Clerk 1�gtohaitmal S only. Approved County Attorney 3STEP's ak�' Witness Signature AW'sL.ESE TType/print witne meT SOL Witness Sign re TType/print witness nameT Page 2 of 2 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Penny Vor, Chair 3 STEP SPORTS, LLC By: r,..r. Signature David Geaslen - CEO D i:;ate Gate Packet Pg. 364