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HomeMy WebLinkAboutItem #44 - Discussion ItemCARLOS & ABBOTT, P.A. ATTonNev5 Ai t.AW WOT C. ABBOTT TNOMAS P. CARLOS 8ANTIA00 V. EUNEMEN0lA JOHN T. PRAM. Ji ly 12, 1994 Bull E 1180 990 PONCE DE LEON 00L)UvAnD CORAL QAULF8, FLOWDA 11154 (305) 444.1500 fA081MILE: PUG) 441-M7 Submitted into the public 'I`}ie City of Miaini record in connection with Cesar H. Odio, City Manager 275 N,W, 2 Street item �! A on �1.q Miami, Florida 33128 h1k;t tty Elim; RE, 90-233 C'it:., Clerk Tatar Mr. Odio; This firm represents Steve Martin & Associates, Inc, d/b/a Bus Bench Company, a Florida corporation, n member of. the Miaini Bus Bench Joint Venture, the contractor with the City of Miami, under that certain written agrc-enic.nt dated June 4, 1.990, for the purpose of Whig Dw, Be.nrhes for the continence of the traveling public within the City of M.itiI i in accordancc with the, terms and conditions of the referred to agreenient, Tlie contract provides at paragraph 22, page 20, the folloV hig; This Contract sliall nc�t be assigned or sold without the prior written conrcnt of the City Co111111ission, v�'llch consent shall not be unrcnsonablly withheld, A sale of 51`-(? or more of the shares of corporate coninion slocks or partnership sliares as applicable shall be deemed an assignment for purposes of this section, It is understood and agrccd that the City is relying on the unique and specialized knowledge and expertise of the Company in performing itq work and services Undor the Contract. Subject to and predicted in part that upon the consent of the City of Wand, Steve Martin & Associates, Inc, d/b/a Bus Bench Couipany has entered into a contract for the sale of certain assets of its business, including its rights under the referred to agreenient to bench Ads Atnedca, Inc., a Florida corporation N�'hose sharcholder5 ni,e Rjiy rl'onic7ak and Eric Nadel. Bench Adh America, Inc, will replace Steve Martin &. Associates, Inc, ne 11 member of the Miami Bus Bench Joint Venture, Messrs Tomczak and Nadel are long Hine residents of South Florida, engaged in the advertising business, of the highest inoral character and otherwise fully qualified and desirable parsons to seine: n5 the City's contractor undr r the referred to agre.e7nent, Mr. U" 5' 0 94�-s ( July 12, 1994 Page 2 Tonxczak is presently the owner of several companies iv the outdoor advertising business. Mr. Tomczak and Mr. Nadel are fully familiar with the contents of the agreement, their rights and responsibilities thereunder, and are willing rind desirous to assume all of the obligations of the agreement under its terms. Accordingly, please, consider this letter as a request for approval, in accordance with the provisions of the contract of the stile: and assignment of the gretniellt to Bench Ads America, Inc., the named purchaser. Please be assured that Steve Martin & Associates, Inc, and Bench Ads America, Inc., as well as Messrs Tomczak and Nadel, will provide the City with such other infornxation and insurances as the City may require, Accordingly, we respectfully request approval of the sale and assignment by the City as the earliest possible time. Thank you for your courtesies. Very truly yours, CARLQS, & A11i3O'IT Ell t , Abbot LCA/rr 1e1tef5,111 lmerttalmt RENCH Aid INC. 950 N.E. 40111 Court j Ft. Latiderdnin, rL 33334 566-7717 RAY TOMCZAK purchased the existing bus bench advertising rights in Br_oward County in 1978, 16 years to date. -.,.Mr. Tomczak has aggressively promoted bench advertising since the acquisition while maintaining a high level of community 1 involvement. Mr. Tomczak is a family man who, along with ` his wife Barbara and their three children, have labored to achieve a good, solid business. The Tomczak family have resided in South Florida for over 30 years. FRIC NADEL is also a long time resident of South Florida, i having moved to South Florida 16 years ago. Mr. Nadel's - bus shelter advertising before joining backgi.ound includes Mr. `1'omczak's company in 1988 where he assisted in generating a sizeable increase in the bench advertising business. TOMCZAK and NADFL have enjoyed a healthy business relationship and are interested in expanding that endeavor into Dade County.