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HomeMy WebLinkAboutR-78-0763RESOLUTION A RESOtATION AUTHORItI NC'THE CITY MANAGER • TO EXECUTES ON BEHALF OF THE CITt's A -AGREEMENT WITH EXPOSITION CORPORATION OF AMERICA, INC,'tOR THE USE OF. COCONUT GROVE EXHIBITION'CENTER FOR PRESENTATION•OF.FOCJR• ANNUAL EXPOSITIONS, IN ACCORDANCE WITH THE TERMS AND•CONDITIOWS CONTAINED• IN THE .ATTACHED AG REEMENT . WHEREAS, the City is the owner of a facility known, as Coconut Grove Exhibition Center; and WHEREAS, the Exposition Corporation of America, Inc. has heretofore contracted with the City for the use of the said facility for the Miami Dinner Key P a Show, the Home e ;'h ew; and other outstanding, expositions and WHEREAS, the parties are mutually desirous of perpet- uating the presentation of the cutstandi.nr and successful Exposi- tion Corporation of America, Inc. events at Coconut Grove Exhibi- tion Center over a long-term period; and WHEREAS, it is recognized that the herein Agreement for the use of the Center broadens existing City policy which sets a 30-day protective period following events at City facili- ties against competing events at the same facility, pursuant to Resolution No. 35441 adopted March 4 1964; and WHEREAS, the City Manager recommends that the afore- said protective period following the herein events be extended to 60 days, due to the nature of the herein Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA Section 1. The City Manager is hereby authorized to execute, on behalf of the City, the attached Agreement for the use of Coconut Grove Exhibition Center by Exposition Co r ora iO 1 v 610OCO1' G11 ,, P''' T1T CITY COMMISSION MEETING OF OEC! 4 1978 ROAM— of Aineiii a, Inc ► for presentatiot of four attnual e cpositiohs s under the terms and conditions containedin the said attached Agreement. . ,...., PASSED AND ADOPTED this ;__.._14E1i ::day ofDecettiber_.._......•3 1978 RALPHH G . ONGIE, CITY CLERK PREPARED AND APPROVED BY: • r Maurice A. _. Fette MAURICE A. FERFE, tI A Y h4/ ROBERT F. CLARK, ASSISTANT CITY' ATTORNEY APP VED AS TO FORM AND CORRECTNESS: GEO'� SAL F. KNOX, JR. ITY ATT 1 RNEY 0 R 7$ 7$ 1 RESOLUTION No 1L8 to 8 A RESOLUTION A tTi ORItINO THE CITY MAMAOER TO EXECUTE, ON EE14A ,E Off' THE CITY, AN ACREEMENT WITH EXPOSITION CORPORATION OE AMEtICA, INC. FOR THE USE OE COCONUT MOVE EXMIEITION CENTEREOR PRESENTATION OP FOUR ATERMS MSEXPOSITIONS, ANt,CONbIT/oNS CONTAINEb IM THERTHE TERM ATTAC tD AGREEMENT. WHEREAS, the City is'the owner of a facility knoWfl as Coconut'GroVe Exhibition Center; and WHEREAS, the Exposition Corporation of Attlerica, Inc. has heretofore contracted with the City for the use of the said facility for the Miami Dinner Key Boat Show, the Home Show, and other outstanding expositions; and WHEREAS, the parties are mutually desirous of perpet- uating the presentation of the 'outstanding and successful Exposi- tion Corporation of America, Inc. events at Coconut Grove Exhibi- tion Center over a long -,term period; and WHEREAS, it is recognized that the herein Agreement for the use of the Center broadens existing City policy which sets a 30-day protective period following events at City facili- ties against competing events at the same facility, pursuant to Resolution No. 35441 adopted March 4, 1964; and WHEnEA , the. City Manager recommends that the :afore- said protective period following the herein events be extended to 60 days, due to the nature of -the herein Agreement! NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MI MI, FLORIDA: Section 1, The City Manager is hereby authorized to execute, on behalf of the City, the attached Agreement:for the use of Coconut Grove Exhibition Center by Exposition Corporation CITY COMMISSION MEETING OF DEC141978 munom fO'R„"' 7.1,3 MOWS • •RE•42t•f#!T; },f tf31 of America, Inc. Pot pteeehtatian of four- annual e tpotitions ) utidef' the tel4M8 acid coriditioris toritairied in the said attached Agteeifleht 1978. PASSED AHD AbOFTED th.8__.,_14t1iday of _uecetubet Maurice A. Ferre MAURICE A. FERRET M A Y 0 R w, c Cam' RALPH G. ONGIE, CITY CLERK PREPARED AND APPROVED BY: ROBERT F CLARK, ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: GEORGE F. KNOX, JR., CITY ATTORNEY 8- 6 • SCEEbUtJ q9 (ref ell ed to in A ;reement t07' use Of Municip i. Facility.. , between City 6P Miami os and Expition• dorporation of.America} Four. __.( _.)annual__ Px/DP0-_tionst (I) Miami International Camping & Rec-VeeShow (2) Miami Foreign & Custom Auto'& Cycle Expo -(3) Miami Dinner Key Boat Show (4) November Home Show Oct. 19-24 �i 24-29 22-27 21-26 19=24 " 18-23 " 17-22. �► 23-28 21-26 It ** November Home Show Nov. 9-14 14-19 6-11 5-10 4-9 2-7 1-6 7-12 6-11 4-9 n ii n It SCHEbttE 8" r (referred to in Agreement -for use of Municipal Facility • between City of Miami and EYpositioti Corporation of Attierica) Ten (10) year schedule• of show dates for four (4) atinual- ekpositions 4 Miami Intl. ** Miami Foreign & *** Miami Dinner Camping & Custom Auto & Hey }3oat Re-c-iee. Shoal ..,,_,Y3 e _EXP.o..n _ _., _ :..: Show 1979 April 20-25 Jute 7-10 1980 ;, 11--16 It 1981 0 3-8 0 1982 " 16-21 tt 1983 It 8-13 it i984 it 6--11 tt 1985 tt 12-17 " 1986 " 4-9 1987 ti 3-8 1988 „ 1-6 12-15 11-14 10--13 9-12 7-10 13-16 12-15 11-14 9-12 et up - 2 day breakdown set up - 1 day breakdown set up - 4 day breakdown. 5 day set up 4 day breakdown (Referred to in Agreement for Use of Muniti al Facility between City of Miatti and Exposition Corporation of Aterica) 'den (10) year schedule of Miami binner Key Boat ShoW dates utilizing Pier V of the Municipal Yacii ty known as Ginner Key Marina, 1979 October 17-25: 1980 October 22.30 1981 October 21-29 1982 October 20.28 1983 October 19-27 1984 October 17=25 1985 October 16-24 1986 October 15-23 1987 October 21-29 1988 October 21-26 Ai REEMt T FbR Tut USE _QF MUNICIPAL .FAC ILITIES.. `HiS - AGREEMEW' Made Arid entered into thisa:» -day of : , 1978, by Aha betWeen -the City of Miami) a municipal corporation of the State of Florida, hereinafter referred "City)" n of America) nce, a to as city, and Exposition Corporation Florida corporation) hereinafter referred to as "User,' WHEREAS, the City is the owner of a facility known as Coconut Grove Exhibition Center and a facility known as Dinner Key Marina; and, WHEREAS, the User has heretofore contracted with the City for the use of said facilities for the purpose of conducting various expositions therein; and, WHEREAS, the parties are desirous of entering into an agreement providing certain terms for the use of the aforesaid facilities by the User for its various expositions.` NOW, THEREFORE,for and in consideration of the mutual covenants hereinafter contained, the parties hereto do hereby agree as follows: 1. The City does hereby grant unto the User the privilege of entry upon or into the municipal facility of the City of Miami known as Coconut Grove Exhibition Center, hereinafter referred to as "Building," located at 3360 Pan American Drive, Miami, Florida, under the terms and for the purposes and periods of time hereinafter set forth. 2. The said facility shall be entered upon or into for the purpose of conducting therein the annual expositions set forth. on Schedule "A" attached hereto, and for no other purpose. 3. The periods of said use shall be for a term of five (5) years, in accordance with the specific time periods within. each of said five (5) years for each of the expositions to be held thereon a$ set forth in Schedule "13" attached hereto, Additionally) the User shall have an option to extend his periods or use for said expetitions for one additional oonsecUtive fife year term, Per specific periods of use within said option term 0.8 Set forth in Schedule "8" attached here -tee The exercise of the Option tertn shall be contingent upon User's not being iri default of any acts requi_'ed of User during the preceding terme Also, if the User fails to present any one of the annual expositiOnd covered by this Agreement for two successive years, as scheduled, then the City reserves the right to immediately terminate the User's right to present that particular exposition again under the terms of this Agreement. If, however, the reason for Users failure to present any one of the expositions is because he is moving that particular event to another facility in the South Florida area, then the City may, immediately upon first notifi- cation of cancellation of the event, terminate the User's right to present that particular event again under the terms of this Agreement. 4. The City shall be identified as "The City of Miami" or 'Miami" in all press releases and other promotional materials prepared by the User and/or his staff. This identification shall be included in all:the above material. 5. User thereby agrees to pay the City for the use of said facility in an'amount in accordance with whatever standard rate schedule for use thereof may be adopted by the City from time to time during the term of this Agreement. agreed by the parties hereto that the rates established for User shall be computed in the same manner as rates for all other users of said facility presenting events of the same or similar type. during the period for which any particular rate schedule is adopted. It is further understood and agreed by and between the, parties that the User will furnish a satisfactory Performance Bond in the amount of Five Thousand Dollars ($5,000) within ten (10) calendar days after the execution of this Agreement. aaid Performance Bond shall remain in effect for the duration of the Agreement, eccept that It will be It is understood and the City to reimburse it for damages caused by User or his exhibitors to the pretiise8 Of the Coconut crOVeExhibition Center. In satisfaction of this requirement, User tnay, at his option, place two thousand dollars ($2,000) into a City account. on which interest will accrue to. User's benefit, and from which amounts will be withdrawn whenever it becomes necessary for the City to do so to reimburse the City for damages caused by User or his exhibitors to the premises of the Coconut Grove Exhibition Center. If any funds utilized by the City from this account result in a reduction of its balance to below two thousand dollars ($2,000), the User shall restore. the account balance to the two thousand dollar ($2,000) level within ten (10) days of receipt of a request from the City to do so. 9. The City reserves the right to enter upon the premises at any time during the period of use that it may, in its sole discretion, deem necessary. 10 The City reserves the right to remove from the premises all User effects remaining in or on the grounds of the. facility after the end of the contract period for each exposition, at the expense of the User; or to charge storage at the same rate established for use of the facility, for each day or part of the day that said effects remain in or on the grounds of the facility particular use. For purposes after the end of the period of this provision, "dismantle time" shall be considered to be a part of the term of the use. forfeited its the evert the User cahoels ahy one of the specified events enumerated under this Agreetaeht With lets than si; (6) arohths notice having been given to the City of the said Cancellation. in the event that a Bond it forfeited pursuant to the above within ten (10) days froth Such forfeiture a new bond trust be furnished for the remainder of User's scheduled events. In the event User fails at any required time to post said performance bond, upon ten (10) days written notice of intention to do so the City shall have the right to contract with other parties for the period of use scheduled for ensuing events. Useris liability for failure to conduct any scheduled event without giving the required notice of cancellation shall be limited to termination of that event in accordance with Paragraph 3 hereto, and forfeiture of the posted performance bond. 6. In addition to the standard rate for use of the facility, User agrees to pay the City, on demand, such sum or sutras as may be due to said City for additional services, accommodations of materials furnished to said User, as may be agreed by the parties. hereto. 7. indemnify and save harmless the City against any and all claims, suits, actions for damages, or causes of action arising during the term of this. Agreement, for any personal injury, loss of 1 or damage to property, sustained by reason of:or as a result of the User's (its agents, employees or workmen) carelessness. or negligence; from and against any order, judgments or decrees, which may be entered thereon; and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claims and the investigation thereof. 8. No later than five (5) days prior to The User hereby covenants and agrees to defend, commencement of any of the events referred to by Schedule-"B" hereto, User shall provide to the City, in either cash or a cashier's check damage deposit in the amount of two thousand dollars ($2,000). Subsequent to presentation of each event, this amount shall be returned by the City to the User, less deductions withheld by • the City tb reimburse it. rot damages caused by User or his exhibitors tb ' the premises of the Coconut (role tXhibitibn Center: In satisfaotioti of this recUirement y tJ er PiaY at his option, place two thousatzd•dollars ($2,000) into a -City account on which -interest -will accrue -to User's benefit,'and froth which atr.OUnts will be. withdrawn Whenever it becomes necessary for the City to•do so to reimburse the City' for damages caused -by. User or his. exhibitors to the.'premises the Coconut Grove 1rhibition Center If any funds -utilized of by the City froth this account result in a reduction of its balance to below two thousand dollars ,($2,000), the User shall restore:. the account balance to the two thousand dollar ($2000) level within ten (10) days of receipt of a request from the City to do so. 9. The City reserves the right to enter upon the premises at any time during the period of use that it may-, in its sole discretion, deem necessary. 10. The City reserves the right to remove from the premises all User effects remaining in or on the grounds of facility after the end of the contract period for each exposition at the expense of the User; or to charge storage at the same established for use of the facility, for each day or part of rate the day that said effects remain in or ,on the grounds of the facility after the end of the period of each particular -use. For purposes of this provision, "dismantle time" shall be, considered to be a part of the term of the use. User agrees torOvide a diagrah Of the proposed eVent layout to the Office of Fire Prevention, 34V 'at AMerican bf ive , blither keys M ami, 1' 1orida; and obtain the pertllits rec uited by ection q.I=326 of the Code of the City of Miami, relatiiie to fire safety. - 12 � The User hereby acifno�tledges thathe hasread the "Rules and Regulations for Use of City of Miami Municipal iacili= ties,' that the provisions hereof are fully understood, and that. by execution of this Agreement User certified that he will abide by each and every rule and regulation set out therein without the need to have said rules and regulations set forth particularly in 'this Agreement. It is further understood and agreed that if the aforesaid rules and regulations are in any way changed or amended during the term of this Agreement, User shall be subject to the terms and conditions of any such changes or amendments. In the event that any such rule or regulation is in conflict with any provision of this Agreement, the provisions set forth in this Agreement shall apply. 13. User agrees that he shall, not under any circumstances permit anything (fence posts, nails, etc.) to be driven into the parkinglot surface, patio surface, planters, auditorium floor,' or any other surface of the Coconut Grove Exhibition Center premises. owned by the City of Miami without the express written permission of the Exhibition Center Manager., 14. User also agrees to provide a diagram of each pro- posed entire event layout annually for Exhibition. Center Manager's approval prior to either distributing the layout for public con- sumption or selling any of the exhibit space. Such approval shall not be unreasonably withheld. 15► Ueer understands that the e.Rc1Usive p iVilege rot sale Of food and beverage oh the GocOhUt Grote exhibition Center premises has been granted by the City to a conceetion- aires titer, therefore, shad not be permitted to sell or permit the sale of any food and/or beverage in connection with his event without concessionaire approval, except for packaged food and beverage sold not for consumption on premises. 16, User hereby agrees to provide public liability insurance with limits of $100,000.00/$300,000.00, bodily injury and $10,000 property damage. User shall have the option of using one of the following described methods to provide such coverage (a) Provide the City with a certificate of insurance from User's then current policy and a copy of an endorsement naming the City as an additional insured thereunder: (b) Purchase a policy with the required limits to specifically cover an event, naming the City an additional insured thereunder; and provide the City with a copy of said policy: (c) Obtain coverage through a special events policy in the event such policy is procured by the City. In the event User chooses this method, and in the event there is a deductible for oc^.urrence on bodily injury and property damage coverages under said special events policy, the User will be liable for the payment of the deductible of any claim in connection with the policy. (d) User hereby agrees to notify the City on or before thirty (30) days prior to the date of any scheduled event of the method of providing said insurance chosen by the User. 174 T1e City hereby agrees that during the tef. in of the Use of any event by the tJet, the City Will furnish, at its expen8e light for ordinary use) Water for all reasonable purposes) JanitOriai service, restroom supplies sh oW time air conditioning for reason able periods of time not including setup or breakdown, and all other services arid supplies ordinarily provided by the City for other users of the facilities. The City hereby agrees to furnish at User's request air conditioning during show setup and break- down, for which service User will reimburse the City the actual cost incurred by the City for such service. User will pay for any utilities or services provided at the request of User, other than those specified above. 18. Contingent upon continued management of the Dinner Key (farina by the City of Miami, the City does hereby grant unto the User the privilege of entry upon and use of the facilities of Pier 5 of the municipal facility of the City of Miami known as Dinner Key Marina, for the purpose of conducting watercraft dis- plays thereon, said use being subject to the various terms and con- ditions hereinafter set forth below. 19• The period of said Pier use shall be a term of five (5) years, with the specific time periods within each of said years being set forth in Schedule "C" attached hereto. the User shall have an option to extend his periods of use include one additional consecutive five (5) year term as set in Schedule "C". 20, User shall be entitled to use cf said Pier only in conjunction with the staging of its annual public event presently known as the Miami Dinner Key Boat Show, 21. User hereby agrees to pay the City a sum which will be annually computed, plus tax, for its use of Pier 5 during the years of this Agreement and during the time periods set forth for said use in Schedule "C" attached hereto.. The annual fee which the User Shall pay for its use of Pier 5 shall be the total of the following; a, The actual loss of revenue sustained by the City by reason of granting rental reduction to monthly tenants due to removal of their vessels from the subject Fier during the show time period designated for User, plus three additional days allowance) two for removal and one for return of said vessels. Such rental reductions shall not be greater than the monthly rate divided by 30 and multiplied by the applicable number of days. b. In the event the City grants monthly tenants of Pier V the right to use other City docking facilities without charge, an amount equal to the number of slips so used multiplied by the daily transient rate then in effect for 50 vessels multiplied by the number of days of actual free use, which number shall not exceed 8 days per slip. All computations made hereunder shall be based upon current dockage rates in effect at the time of the use. 22. User agrees to assume full responsibility for the removal of any and all vessels authorized to use said Pier by User on or before the dates of termination of said use as set forth in Schedule "C" attached hereto. Inthe event User fails to timely remove all vessels from said Pier on or before termina- tion of its use, the User agrees, to pay two hundred dollars ($200) per vessel per day (or portion of a day) as liquidated damages for. such failure. 23. The City hereby agrees that any and all leases for berth space within the subject Pier entered into by the City shall contain a provision whereby the lessee covenants and agrees to vacate said berth daring the period of User's scheduled use thereof. Tie City further agrees to take any and all reasonable actions as nay be required to insure the vacating of said Pier during the 11 scheduled period of Users uses In the event an incotplete removal occurs, due to circumstances and events beyond the control of t, City, it is agreed that User may eithert (a) beduct a proportionate amount from the use payment for each berth not vacated; or, (b) Utilize, at its own risk, cost and expense, whatever lawful means are available to accomplish the safe removal and storage of non -vacating vessels. In the event User succeeds in vacating the berth in this manner, it will be entitled to deduct from the use payment the actual costs incurred by it in the removal and safe storage, said amount not to exceed, however, the amount User would have been authorized to deduct pursuant to sub -paragraph (a) of this paragraph. 24. The User shall have the right to permit other parties to use the subject Pier facilities. However, the City reserves the right to require that User terminate the dockage rights of any party found to be committing illegal or immoral acts while occupying any portion of subject Pier, or who may be found to have a previous record of having done so. 25. The use herein granted includes the use of existing facilities for electricity and water to the subject Pier, but excludes use of existing telephone installations. Said use of electricity and water shall solely be in conjunction with the exhibits of Miami Dinner Key Boat Show. 26. During the period of any use hereunder, the. User to provide such personnel as may be reasonably deemed necessary by the Dockma.ster of the Dinner Key Marina to perform the function of : r fit, further ag ted•that t.hr, : uh,j net Piet', sighs ihdicating: i r,rl.Lrad. therein are i✓£f 3 cially ioir- rf cs{ t>11 11! ajtrl-rj,r:, =r, _.; t:f.!• ;1;l:url1. Dinner 1:ty Boat uhotot. Th h ,,r ar t i,• .. .' , t.;;V! Wh.i. Offer steps may be 1`narte)— l,1 `a 1,-=11! 1 �=e=t ! ., (I.• i ` t ,,t t t .;:, `'rat;;y of visitors and other j11'I let; to tt!1fv, tir;r " t' t_1° :t.iltl 1 twll!`:tfl!'!` o1'!''/ 1 , o' 4 1 1);:ei 4s}'cr,• :A.me indemnifications t '. ;Y, v.: for itsuse of tint' "t'1► l i O tnir" :;h:,1 .1 :I l ;:r, r, j c. 1:/ `', ' t. , of the Pier. r ;.rl';rate operator the right t;0 opt't''t.}!s' id tie' r.' K : / .3hal1 specifically 1)1 0t) l de t;litnt; At ;alAd er:t; r:,! :r.r,� ii ti.or d upon. User's right to the 11rer ?nt: P:} f:1' ,% rJr i.n t y;K: r:.,Tent Of its destruction, an equivalent pier, during the periodt Tser hat the right to use Pier V under the terms of this Agreemernt, Por said use, the cost to User shall be an amount no greater than the total of the normal daily rental rate then in effect for each of the slips on said pier multiplied by the number of days of actual use. 30, The parties hereto agree that the User shall have the tp:;icn, upon no less than six (6) months written notice to the City, to cancel its use of Coconut Grove Exhibition Center for any of the particular events set forth in Schedule:"B" attached hereto. In the event that User exercises its option to cancel under this paragraph, it shall thereupon be relieved of its obligation under this Agreement with regard to forfeiture of its performance bond: :for the canceled event 31. The parties hereto agree that -in the event that. either Coconut Grove Exhibition Center or Pier 5, or an equivalent Nor, is condemned or so damaged due to fire, windstorm, or other eat.i ,ti,ophe, and the City or a subsequent private operator of Dinner KO Marina decides not to repair or rebuild, either party may cancel, t.emn1nrntp or declare this Agreement to be null' and void, 32, In the event City determines that the Coconut Grove E hit 1i.iQn Cent:er sbail 10 longer be utilized as a facility for trade !11' piibl ie Pxhlbitiono or antis other events of t2 is natures or if t d T V determined jty t.;1)t;' City L aiflg.. reaaonab1e itr ' $tandai'ds tbat tl e serl.s perf or ande under this Agreetent does trot at least equal said industry ett de.rds 3 the Cit/ may eiedt to terminate this 1lgreemeht • provided that Said terthination shall'hot be eff'eCt.Ve until eighteeh (i8)• months• after written- notide -has been de LiVeted to ser •33►--The City hereby agrees that, during the term of this Agreement, so long as User is not..nt violation thereof, the City will not grant the use -of the..subject-prenisesj Within sixty (60) days before Or after any one of the. events Shown in Schedule ►e, .for the -purpose of.conducting thereat•a show which, in the • reasonable judgment of the City Manager of the City, constitutes a .similar•or competitive show to a particular show scheduled herein -in accordance with Schedule "A". It is further agreed that the city • will grant User a right of first refusal -prior to contracting -with any other party for the .staging of a -Home Show which is --reasonably judged by the City Manager to be similar and/or tive-therewith, during any time period that this. Agreement effect. this Agreement of the City Manager of the City of Miami. be unreasonably withheld. 35. The parties hereby agree that all terms and condi- tions of this written Agreement shall be binding upon the parties and cannot be varied or waived by an oral 34 User shall not assign this Agreement or sublet the premises or any part thereof, or any other privileges granted by without first obtaining the:prior written consent Said consent shall not their heirs and assigns representation or promise of in writing and mutually signed by the duly hereto unless the same be authorized agent or agents of the respective parties. In the event the City relinquishes ownership and/or control of the subject fa+.ilities during the terms of this Agreement, the City's successor specifically shall take said facilities subject to the term a and conditions of this Agreement. 36, It is understood and agreed that the parties hereto intend that this Agreement shall be a license Agreement, and that no leasehold interest is conferred upon the User by reason hereof, any agent or other person of the parties i Wln1ES8WtittttO', the parties hereto haVc datiged this A#eetneht tei die egectite8 by .their officials thereuhto duly authorieds ATTEST: By CITY CLERK ATTEST: SECRETARY. Tut OiTY OF MIAMt, a muhicipal. Corporation Of the State of Florida By CITY y MANAGER EXPOSITION CORPORATION OF.AMERICAj INC. APPROVED AS TO FORM AND CORRECTNESS: