HomeMy WebLinkAboutamendment• •
AMENDMENT NO. 1 TO REVOCABLE LICENSE AGREEMENT
This amendment (hereinafter referred to as "Amendment") to the Revocable
License Agreement (hereinafter referred to as "Agreement") dated May 15, 2002, by and
between Raceworks, LLC, a limited liability corporation organized and existing under the
laws of the State of Delaware and licensed as a foreign corporation in the State of Florida
(hereinafter referred to as "Licensee"), the City of Miami, a municipal corporation of the
State of Florida (hereinafter referred to as the "City"), and Bayfront Park Management
Trust, a limited agency and instrumentality of the City of Miami (hereinafter referred to
as "Trust"), is made as of this o7 day of -.V.4c,2.6e.-z , 2003, but is effective as
of August 11, 2003.
Recitals:
Whereas, on May 15, 2002, the parties hereto entered into the Agreement for
Licensee to promote and stage motor vehicle races in Downtown Miami; and
Whereas, in the Agreement, the parties intended that Raceworks be liable for
paying all taxes associated with its events, whether they be assessed against Raceworks,
the City or the Trust;
Whereas, the parties agree to amend Section 38 of the Agreement to make that
intention clearer and to amend Section 53 to reflect the Licensee's change of address;,
Whereas, to address the Licensee's concerns regarding the cost of the sanitation
Services for the 2003 Race Event, City agrees to reduce the amount of City Use Fee by
$30,000.
Now therefore, in consideration of ten dollars ($10.00) paid by Licensee to City
and Trust and for other good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, the parties agree as follows:
1. Amendment to Section 38. Section 38 of the Agreement, entitled "Taxes,"
is hereby deleted in its entirety and the following is inserted:
Other than the ones contemplated herein, during the term of this
Agreement and any extensions thereof, the City and the Trust (if Bayfront
Park is not utilized) shall not levy any assessments, charges, taxes,
penalties, or fees that is applicable solely against Licensee, its operations,
sales, tangible or intangible property, revenues, profits, or any vendors,
sponsors, racing series, sanctioning organization contracting with Licensee
or any customers in relation to ownership, management, promotions,
operation or staging of the Race Events. Throughout the term of this
Agreement and any extension thereof, Licensee shall pay, whether
assessed against the Licensee, the City or the Trust, all taxes, assessments
and other governmental charges that may be levied upon the promotions,
operations and any other use granted to Licensee under this Agreement.
1
Revocable License Agreernent Amendment No. 1
•
2. Amendment to Section 53. Section 53 of the Agreement, entitled
"Notices," is hereby deleted in its entirety and the following is inserted:
All notices or other communications which shall or may be given
pursuant to this Agreement shall be in writing and shall be delivered by
hand, telecopy, or registered mail addressed to the other party at the
address indicated herein. Such notice shall be deemed given on the day on
which hand delivered; faxed or, if by mail, on the fifth day after being
posted or the date of actual receipt, whichever is earlier.
If to the: Recipient of Notice
City City Manager
City of Miami
2500 Pan American Drive
Miami, Florida
Trust
Raceworks
United States
of America
Executive Director
Bayfront Management Trust
301 N. Biscayne Boulevard
Miami, Florida 33132
Chuck M. Martinez
President & General
Manager
Grand Prix Americas
232 Andalusia Ave, Suite
360
Coral Gables, FL 33131
Michelle A. Wolfe
Attorney Advisor
U.S. Army Corps of
Engineers
Real Estate Division
P.O. Box 4970
Jacksonville, Florida
32232-0019
Copy to:
City Attorney
City of Miami
444 SW 2°d Avenue
Suite 945
Miami, Florida 33233-
0708
City Attorney
City of Miami
444 SW 2' Avenue
Suite 945
Miami, Florida 33233-
0708
3. Amendment to Section 11. Section 11 of the Agreement is hereby
amended to reduce the amount of the City Use Fee by $30,000 for the 2003 Race Event,
scheduled for September 26-28; 2003.
2
Revocable License Agreement Amendment No. 1
•
4. Effect of this Amendment. All remaining terms of the Agreement, not
specifically amended herein, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
duly executed and delivered by their respective officers and hereunto duly authorized as
of the date first above written.
ATTEST:
Name:
Print Title:
ATTEST:
Priscilla A. Thompson
City Clerk
ATTEST'
Print Name:\ �A►J►€L-�-�1-
Print Title: Q >As s 4 ►.� ,
APPROVED AS TO INSURANCE
REQUIREMENTS:
Diane Ericson, Director
Risk Management
RACEWORKS, LLC, a
Delaware corporation
Chinez
President and General Manager
CITY OF MIAMI,
a municipal co
St ice+ f Flo
Jo 'ola
C' anager
n of the
BAYFRONT PARK MANAGEMENT
TRU , a limited agency and
ins ' ► entalit the City of Miami
Ti chmand
Executive Director
APPROVED AS TO `FOAND
CORRECT
f'
Q
ejaro Vilarello
City'Angttorney
3
Revocable License Agreement Amendment No. 1