cuda

What is Bod?

tachyon

Board Of Directors

Ron P

I believe $180,000 of a $210,000 bill was paid by the LLC to Detroit.

GrinandBarrett

It was brought to my attention that some of the people involved believe that the plan itself was an ammendment to the By-Laws.
If this were true under what section of the By-laws were these new rules to be placed and what section was to be removed to allow these rules to become law? And yes tachyon there is a contract dispute also.


Grin

T2x

So this is about $30,000?..... Or is that just for one year?.....

What is the status as of today? Since some memberships were paid to Detroit and some to LLC, this can't be a static issue.

T2x

GrinandBarrett

It is my understanding that anyone that has paid through St Pete
for 2003 membership, no payments have been made to APBA HQ.
As I said before at 2002 worlds applications were sent but no money, those memberships are being honored any since then HQ has no record of so they don't consider you a member until they receive your info and money from the LLC. That is as of last Thurs phone call to Detroit. I was told that anyone that has been asked to turn in your card from Detroit at the races this year can get a new card from HQ if you are a member of record there.

ModMachine

But that same contract is a paragraph, page 7, Item 4 parag. G that states that "Offshore shall be entitled to its historical share of fees (Exibit A) within 30 days of reciept by APBA. " Question:Was this done?Is this where things get sticky?
WE may not know this answer since On page 10 is the confidentiality paragraph,which APBA agrees not to disclose financial information relating to the LLC.

T2x

Anyone remember "Brer' Rabbit"? The fictional character who used to hide in the briar patch?

If I were a lawyer, this would be a wonderful "briar patch"...... One could analyze this language and twist it and turn it forever.

If only for the sake of simplicity, I pray that this provision is given a decent burial.

T2x

GrinandBarrett

Mod,

This is from the: REPORT TO APBA MEMBERSHIP REGARDING TERMINATION OF LICENSE AGREEMENT WITH OFFSHORE LLC

As set forth in the License Agreement, the annual minimum fee was computed by an analysis of historical and anticipated membership fees and sanction fees for the offshore category. When the offshore category's membership and sanction fees submitted to APBA for the 2002 fiscal year, which ended October 31, 2002, failed to meet the minimum amount required under the License Agreement, APBA wrote Offshore, LLC to request payment of the approximately $31,000 due APBA under that Agreement. APBA received no response. On February 10, 2003, Offshore, LLC was notified in writing that the 2002 amount due of $31,000 was still unpaid and given notice that failure to cure this default could trigger the termination provision of the License Agreement. APBA informed Offshore, LLC that it had failed to remit to APBA the membership fees collected at the November, 2002 Key West race, in an amount now known to be $49,000. Despite Offshore, LLC's refusal to pay that amount to APBA, APBA has honored 2003 memberships for those who paid their money to Offshore, LLC.

Despite the March 25, 2003 termination of the License Agreement, Offshore, LLC has refused to cease using the APBA name and refused to pay the amounts due for 2002 and 2003. Because of Offshore, LLC's refusal to make its past due payments, APBA has withheld $22,000 in fees due Offshore, LLC under the License Agreement pending resolution of this dispute and has provided Offshore, LLC with a full accounting of those amounts. Offshore, LLC has also made unfounded claims that APBA has violated the License Agreement by:

Peconic

This is getting very, very sickening.