HomeMy WebLinkAboutR-84-06123
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RESOLUTION NO. 'r"'612
A RESOLUTION RATIFYING, CONFIRMING, AND
APPROVING THE ACTION OF THE CITY MANAGER IN
EXECUTING THE ATTACHED AGREEMENTS WITH THE
FOLLOWING: (1) ANHEUSER-BUSCH, INCORPORATED
TO IMPLEMENT PAYMENT OF $100,000 TO THE
UNLIMITED RACING COMMISSION BY SAID FIRM; AND
(2) FLORIDA INBOARD RACING CLUB FOR THE USE
OF THE MIAMI MARINE STADIUM JUNE 8TH THROUGH
10, 1984, IN CONJUNCTION WITH THE CITY -
SPONSORED 14TH ANNUAL BUDWEISER UNLIMITED
HYDROPLANE REGATTA HELD JUNE 10, 1984 AT THE
MIAMI MARINE STADIUM.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The action of the City Manager in executing
the following attached instruments: (1) agreement with Anheuser-
Busch, Incorporated to implement payment of $100,000 to the
Unlimited Racing Commission by said firm; (2) agreement with
Florida Inboard Racing Club for the use of the Miami Marine
Stadium June 8th through June 10, 1984, both agreements having
been executed in conjunction with the City -sponsored 14th Annual
Budweiser Unlimited Hydroplane Regatta held June 10, 1984, are
hereby ratified, confirmed, and approved.
PASSED AND ADOPTED this 14th day of June , 1984.
Mm it i Ce A Ferre
AT EST:/ Q MAURICE A. FERRE, Mayor
RAL H G. ONGIE4.01
City Clerk
PREPA ED AND APPROVED BY:
7nL
ROBERT F. CLARK
Deputy City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
♦ et l
Oty
E GA CIA-PEDROSA
Attorney
RFC/wpc/pb/088
CITY COMMISSION
MEETING OF
JUN 14 1984
RESOLU11Ua ��o. 134,-612
t
'� _._ REMARKS.
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CITY CF MIAMI i MR=
s
THIS R:N' ,made and entered into this day of '
1984 and between the City of Miami, a Municipal Corporation
of the State.of Florida, hereinafter referred to as -the "City" and
the Florida.Inboard Racing Club, Inc., (F.I.R.C.), a nonprofit
corporation with its principal office at 2130 N.W. 58th Avenue,
Unit 25C, Landerhill, Florida 33133.
W I T N E S S E T H:
In consideration of the covenants and agreements hereinafter set
forth, the City does hereby grant unto the F.I.R.C. the privilege of
entry upon or into the 'Municipal facility of the City of Miami known
as the Commodore Ralph Munroe Marine Stadium, the said facility to
-be entered upon and into for the purpose of assisting the City of
Miami in a joint venture for the purpose of presenting an Unlimited
Hydroplane Power Boat Regatta known as the "Budweiser Unlimited
Hydroplane Regatta" which also includes closed course racing by
limited hydroplane classes, for the period commencing at 8:00 a.m.,
Friday, Saturday and Sunday the 8th, 9th, loth of June of 1984. If
required, setup shall be Thursday, June 7th, 1984 and dismantle shall
be immediately after the last race on Sunday, June loth,
THE F.I.R.C. HEREBY COVENANTS AND AGREES:
.inder �mamounts
City of Miam' Special Even Policy,
mini of $ 00,000/$300, 0 bodily
L0,0 property da ge, for each ent day.
U�
to the City, F.I.R.C. will provide a doctor
clockers, time watches, referees, pit manager,
irting signals, gasoline truck, gasoline for
ier manpower to stage the race, including
:r Boat Association Inspectors.
Lability insurance in the amount of $5,000,000
ale limit for bodily injury and property damage
Spectator liability, products liability, contrac-
i� p _y, personal liability and premises medical pay-
�les shall be included. The City of Miami shall be
additional insured. Coverage shall be obtained
`1 cored races and events including qualifying events.
f :erica Power Boat ssociation nsurance for he
L eve is if requi ed by the A. .B.A. in add' ion
:ges required in Paragraph 3. The City of iami
-Bu ch, Inc. sh 11 be named s additional insureds.
)per Coast Guard permit approval.
1984.
84 12 .
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G. To obtain the required sanction and ap1btoval of the
F 1
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AMP.rioan' Power Boat Associattion, Uftlifiited Division#
for the -conduct of the event and races.
1 Ir
p. Y . R 6 C`. will assist in the production of the event and
conduct the races in accordance with the terms and
conditions of the said sanction and approval. The
F.I.R.C. pay agrees to a sanction fee for the limited "
9
hydroplane races.
.ry
7. To obtain and be responsible for official clock, patrol
boats and setup of pit area.
8. To provide Club members or affiliates to serve as pit
stewards and pit control personnel in boat pit area.
9. To provide race announcer.
10. To provide and place other buoys deemed necessary for
safety by the Coast Guard.
11. To furnish ambulance service for the event.
12. To provide the race course with properly marked buoys.
13. To obtain trophies for the event.
14. The F.I.R.C. shall indemnify and save the City harmless
from and against any and all claims, liabilities, losses,
and causes of action, which may arise out of the F.I.R.C.'s
activities under this contract, including all other acts or
ommissions to act of CITY, its officers or employees, and
from and against any orders, judgments or decrees which may
be entered and from and against all costs and attorney's
fees, expenses and liabilities incurred in the defense of
any such claims, or the investigation thereof.
THE CITY HEREBY COVENANTS AND AGREES:
15. To provide the facility known as CommoLore Ralph Monroe
Marine Stadium for presenting the Budweiser Unlimited
Regatta.
16. To provide regular telephone connections and equipment
where necessary.
17. To provide two (2) fire inspectors with portable fire
equipment and one (1) engine company.
18. To provide one (1) fire rescue team with appropriate equip-
ment.
19. To furnish tickets for all three (3) event days and be in
charge of selling tickets.
20. To provide a public address system and sound technicians
in the stadium.
21. To provide an area in the stadium grandstand for the judges
and photographers to work.
22. To clean the stadium, parking lot and pit area at the
conclusion of the event.
23. To furnish the proper number of security personnel within
and without the stadium including uniformed traffic patrols.
i
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84-612
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24. to furnish other personnel such as: Watchmen, ticket
taketa, ticket sellers, ushers, custodiangs event
$upekvisor, rest room attendants, first aid nurses
plumber, program sellers, accountant, office attendants
and parkers.
25. To obtain cranes and crane operators.
26. To obtain portable toilets where needed.
27. To furnish fire extinguishers for use in the pit area.
28. To provide a publicity consultant, public service bill-
boards if available, and to pay for bus posters banners
and signs to advertize the event. To place advertisements
in radio, television and newspapers to advertize the event.
THE CITY AND THE F.I.R.C. HEREBY MUTUALLY COVENANT AND AGREE:
29. As co-sponsors of the event, the two parties shall divide
the revenues from the sources enumerated in Paragraph 31
which remain after the payment of the expenses covered in
Paragraph 30.
30. The Club shall be reimbursed for its expenses incurred in
Paragraphs 1, 3, 6, 7, 9, 11, 12 and 13 as soon as possible
after the event. The City shall be reimbursed for its
expenses incurred in Paragraphs 16, 17, 18, 19, 20 (to the
extent of the sound technicians salaries), 22, 23, 24, 25,
26, 27 (to the extent of the cost of having the extinguish-
ers filled before the race if needed) and 28.
31. The event revenues to be shared after the payment of the
expenses covered in Paragraph 30 are:
a. Ticket sales less State sales taxes.
j b. The commission received from the sales of programs.
C. Concession sales of food, beverages and novelties in
the beach, parking lot and grandstand less the fee
the City had to pay to obtain the concession rights
for the event.
d. Sale of advertising, if any, and
e. The profits realized from the sale of admissions to a
catered special seating section on the barge after the
payment of all expenses associated with said special
seating section.
32. If in the event that the revenues listed in Paragraph 31
are insufficient to cover the expenses referenced in Para-
graph 30, then the City and the Club shall share the ex-
penses remaining on an equal basis.
33. The City shall supply the Club with a copy of its audit
report of the event. The City desires to make a timely
settlement with the Club. The Club shall have up to 30
days after receipt of said audit report to make a request
for further examination of the financial records pertaining
to the Budweiser Unlimited Hydroplane Regatta.
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84-612
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34. That all .terms- and conditions. of this written Agre t .
shah.. be bindingupon the partl.es, �-ha�.�---eedV�
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and c4nnot be Varied or waived by any oral
A
.ems �"
representation or promise'of any agent Or.' -other person
o4 the part ea- hereto .unless• the same" be It writing
an •mutually signed by the •duly authorized spent or
agents executed this Agreement,
35. ThAt the parties intend that this document shall be a
joint us.e agr.eemett and that no leasehold tnterest is
4
conferred upon the F,I.R.C. The Clty of Miami and the
F.•I•,R,C, agree that they will make their best'effort
to live within the attached proposed budget marked as
Exhibit A.
IN WITNESS WHEREOF, the parties hereto have individually and
through their proper corporate officials executed this Agreement
the day and year first above written.
Attest:
City Clerk
Witnesses:
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(As to User)
(Note: If User is individual and
not a corporation, two witnesses
must sign).
APPROVED AS TO INSURANCE:
I
THE CITY OF MIAMI, FLORIDA
BY
City Manager
Title
FLORIDA INBOARD RACING CLUB, INC.
BY c
ommodore
Title
APPROVED AS TO FORM AND CORRECTNESS:
y Attorney
V
- "'�T 3
ayg ,
f i f i
Y� L
WHt AS- PLdRMA .INBOARD MMIG CUJB, IN'C. d�
desires to enter into an agreement with the -City Of MiaMi
,ate
-1 s e O f' y- —MART STL�DItI_T'I
and
WHEREAS, -the Board o:. Directors o'f. FLORIrA INBOARD RACING
•CTjUB, INC. has ekamined terms-, con-
ditions and obligations of the proposed con -tract %with 'the
City of Miami for use 'o':P MA.RINE STADIUM
and
WH.EREAS, the 'Board of D:i.a:edtors at a duly held corporate
meeting has considered -the' matter in accordance 'with the
By -Laws of the 'corporation;
or,
NOW, THEREFORE, ICE IT RESOLVED VED DX 71-IFS. BOARD OF DIRRCTORS
FLORIDA INBOARD RACING CLUB, INC.
thAt .the president and secretary— are hereby authdrized and -
instructed to enter into a contract in the name. of and on behalf.
Of this corporation with 'the City o;t' baiami for use d:ff
MARINE STADIUM �
:i_11 accordance. w.i th 'the contract documents- -.furntiShed by. the City
QP Miami,
and
for the 'pr
i.ce El lid
upon the 'terms
-and- payments con-
tained in
the
'proposed
contract
submitted
by th.e City of 111ami .
IN WITNESS WHEREOF
th:i.*s'_.�- day ol:
CIIAIRRAW, Board o{ Directors
84-6V
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AFDp-.y-t_.
i
To,. City of KIM
Orange•Dowl Stadium
1501 N.U. 3rd Street
Miami,. Florida 33125
STATE OF FLORIDA )
)s.s.
COUNTY OF DADE )
TO WHOM IT MAY CONCERN:
This is to certify that '
Michael L. Campbell is authorized to sign contracts
on behalf of Florida Inboard Racing Club Inc.
a Corporation, with its principal place
of business at 2130 N[a 58th Ave, Unit 25C, Lauderhill, FL 33313
as its duly sworn (President - Vice -President - Secretary) and
is empowered to make and sign contracts and agreements binding
the aforementioned Corporation to any contracts and agreements
with the Off.iee -of Stadiums.
By:
4tw=
ct (SEAL)
e- Title
Commodore l�,t4
SWORN TO AND SUBSCRIBED before me this
day of —' 19'
NOTARY B IC
Sta of Florida at Large
My Commission Expires:
1900-pi n8va STXTI OF Kowa
My COMMISSION EXPIRES OCT 11 1986
BONDED THRU GENERAL !M" fQ "- "
C74 12 ,
publicity consultant (Hispanic)
Publicity consultant (Lew Price)
Public 8ervioe Billboards (ten)
Banners and Signs and Bus Posters($1,150)
Reimbursable Exams
APBA Insurance
K & K Insurance
Event Insurance
Sanction Fee to APBA
Cranes
Ambulance (Randle)
Announcer/scorer
Patrol Boats
Pit Setup Expenses
Advertising
Total Event Expenses
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2,5uu
965
2,000
360
5r691
150
70
12,000
2,500
725
1,200
500
10,000
$64,613
84-f 12
&&,,'iY�"�`t�`- 3��tT�`§;,�a
ih�'tf�11 V0W-w'W-
Fai
Krw F'•r Y fi .:i fI i`_..,. r gyp, ti
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Na ,,.. Est. Coat
of men)
$ 200
(1) 400 .
Fri. $4, 200 _
Sat. (2) 3, 60Q
Sun. (18) Tom=
Fire -
$1,100
Fri. 1,200
Sat. 11400 $3,700
a
�r
Sun.
Private Security.
$ 480
Fri. 4 men x $5/hr x 24 hr 480 i
Sat. 4 men x $5/hr x 24 hr = 500
Sun. 10 men x $5/hr x 10 hr = 730
Sun. 13 men x $7/hr x 8 hr = 150 $2,340
Sun. 2 supervisors @ $75
Civilians $1,320
Sound Techs. 3 days x 10 hr x 2 men x $22/hr 660
Electrician 3 days hrx $22/
10 hr x
220
hr22/hr 1,026
Plumber 1 day x 10 326
Ticket Takers/Sellers 17 x $6 x 8 hr 210
Parkers 5 x $6 x 7 hr 200
LE Program Sellers 105
Office Attendants 600
_ Parking supervisor 6 x $10 x 10 hr 225
Custodians
Rest Room Attendants 5 x $45 100
Box Office Assistants 2 x $50
Supplies & Services
1,200
Cleanup (contractor) its) 700
Telephones (including 2 for B.A. in p 900
1,0
Ticket Printing
320
Trophies 8 x $40 600
Portable Toilets
uisher Refill & Inspection 5,000
Fire Exting rope etc.)
Supplies (buoys,
84-61�.
3 -
Portable Toilets (4)
$ 160 +
Generators (2)
200
Ticket Taker
45
Walkway Construction
300
Buffet $12/head
1,500
Liquor $10/head
1,250
Plates, Napkins, etc.
80
Total Expenses 31435
Barge Profit $2,715
- 4 - 84-612
FROW Jose .GarCia-Pedras
City Attorney
t°'sna a xSaT 3 s s " *-.4, * e j€tt}'*+ux
11 JUN .1.. �'
II�LI�H'riG�Wun 11,`'1984
CITY rlFRK ;
WY OF Vh*f k , 14th, Annual^ ��dw�i�e� �nl t��t��
� 4
�tydropl�n� �t��att�
REFERENCES: City Commission' Agenda
6/14/84
ENCLOSURES: ( 3 is
with an
On May 3, 1984, we forwarded the tandhratifinedmeorathemfirst of
accompanying resolution which explained
two agreements which you executed in regard to this subject. Due
to the retroactive nature of the everts e haveiont incorporatedthereby b th
agreements in the attached approved
ying
the actions taken by you.
A second proposed approved resolution
allocating funds pursuant to an earlier motion of the City
Commission is also attached.
RFC/wpc/pb/089
Enc: #1, Memorandum, 5/3/84;
#2, Proposed ratifying resolution;
#3, Proposed allocating resolution.
cc: Honorable Mayor and Members of
the City Commission
Ralph G. Ongie► City Clerk
Cesar Odio, Assistant
City
AssistantManager
Manny Alvarez, Special
to the City Manager
84-6121
iN`1=#ft4pplet rri1WOr;tAHOUM
REFERENCENay . 1 0 f 1985 Ageno s
ENCLOSURES' MY
)
At the request of Commissioner J. L. Plummer, and pursuant to
the action of the City Commission on January 26, 1984 (Motion
Nos. 84-85, 84-86 and 84-87), we are forwarding herewith the
original agreement to implement payment of $100,000 by
Anheuser-Busch Incorporated ("AB") to the Unlimited Racing
Commission in conjunction with the forthcoming
City -sponsored 14th Annual Budweiser Hydroplane Unlimited
Regatta.
You should be aware that this agreement contains a provision
whereby the City agrees to indemnify AB with respect to the
advertising, promotion or conduct ofthe
Regatta
as well or agents
for any act or omission of the City , employees
Similarly, AB is being held harmless by the Florida b thoard
Racing Club, Inc. Further, AB agrees to indemnify any breach
the
Florida Inboard Raying Cg Inc. and employees oreCity for agents.
of the agreement b AB, its
A resolution ratifying your execution of said agreement is
also attached for placement on the City Commission May 109
1984 Agenda.
'RFC/rr
�I
—, cc: Honorable Mayor and Members
of the City Commission
Ralph G. Ongie
City Clerk
Manny Alvarez
Special Assistant to the
s
City Manager
84--612
TMt A! RIVORT is 646e thit �;. day of flit i by
and � aBohp VSiS)lhtl��. 1t�toRp��►TEi� t "A8") . a Misso+sYi
corporation with its ptineipai office in St. Louisa Missouri;
CITY OF MIAMI ("City"). a plarida municipal corporation with
its principal office in Miami. Florida; and FL01RIDA INBOARD
RACING CLUB. INC. ("FIRC"). a Florida corporation with its
principal office in Miami, Florida.
WHEREAS. FIRC and City wish AB to be the principal sponsor
of an unlimited hydroplane race and the activities conducted in
conjunction therewith ("Race*);
WHEREAS, FIRC has agreed to conduct the Race and City has
agreed to advertise and promote the Race;
WHEREAS. AB wishes to be the principal sponsor of the Race;
and
a
I WHEREAS, Unlimited Racing Commission ("URC")
sanctioning body for unlimited hydroplane races;
j NOW. THEREFORE. in consideration of the mutual
i
herein set forth. the parties agree as follows:
is the
covenants
1. The Race.
(a) F'RC shall conduct the Race on June 10, 1984 at
Biscayne Bay near Miami. Florida. FIRC shall conduct the Race
qualifying activities on June 8 and 9, 1988. If the Race is
postponed because of ihclement weather conditions. FIRC shall
conduct the Race on June it or 12, 1984.
(b) AS shall be the exclusive sponsor of the Race.
Except for normal point -of -sale materials in concession areas
at the Race site, neither FIRC nor City shall authorize or
permit any other person to advertise any other alcoholic malt
beverages during the Race or any related activities.
(c) All public identification of and reference to the
Race shall be made in the following manner "The 18th Annual
Budweiser Unlimited Hydroplane Regatta."
84-siz
shall: halve the, right tb enpipn it► ate►-:
404ttiliino ,,..or ptowotiona activities which it "i 'detdta, itib"
Atht6spebt to its Sponsorship of the Race.
(b) City shall have the right to 6A969e .io` any
advertising or pro�otional activities which it may determine
with respect to the Race; provided, however. that all such
advertising and. promotional activities using any of AR's
Trademarks (as defined in paragraph a hereof) shall be
submitted to AB for its review and approval at least twenty-one
(21) days prior to city's commencement thereof; such activities
shall be deemed approved if City shall not have received AB's
objections thereto within ten (10) days after its receipt
thereof.
(c) City agrees to:
(i) coordinate with AB the planning and
i
execution of all promotional, advertising and marketing
programs for the Race;
(ii) place the Race name as set forth in
Subparagraph 1(c) hereof and a photograph of the Miss Budweiser
boat (furnished by AB) on the official Race program cover and
in all advertisements and promotional materials for the Race;
(iii) identify AB's sponsorship of the Race in
all press releases and press conferences relating to the Race;
and
(iv) permit AB, at no charge, to place one (1)
full page of advertising copy on the back cover of the official
Race program.
3. Sponsorship Fee.
For the rights granted herein, AB shall pay the total
sum of One Hundred Thousand Dollars ($100,000) in accordance
with the following schedule:
i 4,500 on or before February 1, 1984; and
$95,500 on or before May 15, 1984.
FIRC and City agree that such payments shall be made by check
payable to URC and mailed to Unlimited Racing Commission,
2
84-612
'`
��l�ry �t:d��hh�tai 'il�uth, �bittls,
�ash'�n�tOh '�iiit. �"
iooeIji of tht $4,660
Oa'YAe:fit. "OtVithstandifto
-
thythiho herein; to the contrary,' Me
shall ProAptly 16" id SI
E�
o�onostshijp t i to hh it the haca is
odnteilod for •o>f feaoon.'
i, Tom-
The tots of this Agreement shall start bd Aptil to
1904 and, unless sooner terminated in accordance with the
provisions hereof, shall end on July 1, 1964.
S. Termination.
(a) AB shall have the right at any time to terminate
this Agreement, without prejudice to any other legal rights to
which it may be entitled, upon the occurrence of any one or
more of the following:
(i) material default by another party in
performance of any of the provisions of this Agreement, which
default is not cured within ten (10) days following written
notice of such default to the defaulting party;
(ii) the making by another party of an
assignment for the benefit of creditors;
(iii) the appointment of a trustee, receiver or
similar officer of any court for another party or foe a
substantial part of the property of another party, whether with
or without its consent:
(i'v) the institution of bankruptcy, composition,
reorganization, insolvency or liquidation proceedings by or
against another party without such proceedings being dismissed
within thirty (30) days from the date of the institution
thereof; or
(v) if any of the representations or warranties
made by another party in this Agreement shall prove to be
untrue or inaccurate in any material respect.
(b) City and FIRC shall each have the right at any
time to terminate this Agreement, without prejudice to any
3
84-612
x
K ,
athat l6fal tights to which it May be entitled* upon the
66cuttence of, any one or mote of the following;
(i) material default by Al in petgotsiance of
any of the provisions at this Agreement, which default it ` h6t
curia within ten (10) days following written notice of such
default to As:
(ii) the making by AB of an assignment for the
benefit of creditors;
(III) the appointment of a trustee., receiver ar
similar officer of any court for AB or for a substantial part
of its property, whether with or without its consent: or
(iv) the institution of bankruptcy, composition,
reorganisation, insolvency or liquidation proceedings by or
against AB without such proceedings being dismissed within
thirty (30) days from the date of the institution thereof.
(e) Termination of this Agreement for any reason
provided herein shall not relieve any party from its obligation
to perform up to the effective date of such termination or to
perform such obligations as may survive termination.
6. Richt of First Refusal.
AS shall have the right to purchase the several rights
granted under this Agreement for the 1985 Race and FIRC and
City shall propose to AB in writing the cost therefor on or
before January 1, 1985. Unless otherwise mutually agreed, all
terms and conditions other than the amount of the sponsorship
fee (Paragraph 3) shall be the same as provided for herein,
with appropriate changes in dates. AB shall have until the
later of February 1, 1985 or thirty (30) days after receiving
such proposal within which to accept the same. If AS does not
accept such proposal within such time. FIRC and City shall be
free to contract with any third party with respect to any or
all of such rights. but not on more favorable terms than those
offered to AB without again giving AB a thirty (30) day right
of first refusal concerning the same.
4
84—S1.2
(a) dike teptestritr, 'wartantd and oomignts to AA
Y' tot love .
(1) It is a duly organized. validly omitting
corporation in good standing under the laws of the state of
)Florida and has the full right and legal authority to enter
into and fully perform this Agreement is accordance with its
terms.
(ii) This Agreement when executed and delivered
by FIRC, will be its legal. valid and binding obligation
enforceable against it in accordance with its terns, except to
the extent that enforcement thereof slay be limited by
bankruptcy, insolvency or other similar laws affecting
creditors' rights generally.
(III) The execution and delivery of this
Agreement has been duly authorized by FIRC, and such execution
and delivery and the performance by FIRC of its obligations
hereunder, do not and will not violate its charter, or any
statute, regulation, ordinance or any court order by which it
is bound. and such actions do not and will not constitute a
default under any agreement. indenture, mortgage, lease, note
or other obligations or instrument to which it is a party. and
no approval or other action by any governmental authority or
agency is required in connection therewith.
(iv) There is no financial or managerial
relationship between FIRC and the owner or operator of any
concession or activity at the Race site which requires a retail
alcoholic beverage license.
(v) It has neither a retail alcoholic beverage
license nor any financial interest in the business of a retail
alcoholic beverage licensee.
5
84-612
(ii) This Agreement when executed and delivered
by City. will be its legal. valid and binding obligation
enforceable against it in accordance with its terms, except to
the extent that enforcement thereof may be limited by
bankruptcy, insolvency or other similar laws affecting
creditors' rights generally.
(iii) The execution and delivery of this
Agreement has been duly authorized by City, and such execution
and delivery and the performance by City of its obligations
hereunder, do not and will not violate its charter or any
statute, regulation. ordinance or court order by which it is
bound, and such actions do not and will not constitute a
default under any agreement. indenture, mortgage, lease, note
or other obligations or instrument to which it is a party. and
no approval or other action by any governmental authority or
agency is required in connection therewith.
(iv) There is no financial or managerial
relationship between City and the owner or operator of any
concession or activity at the Race site which requires a retail
alcoholic beverage license.
(v) It has neither a retail alcoholic beverage
license nor any financial interest in the business of a retail
alcoholic beverage licensee.
B. Use of Trademarks or Service Marks.
(a) The AB trademarks, label designs, product
identification, artwork (collectively "AB Trademarks"), and the
6
84-612
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or PtOSOti6ftai G0006pts 64 t to tr d 't6 ='
6t4ih . shall terrain the property at hb. Any and all tithts ih
the abGV6 Undet trademark at copytioht law of 6th6t Atop tty
ffp3►te shall inure to the benefit of and be the +ehhludive
pro"rtr of AH. hh grants to FfhG and city the titht to `use
the above in connection with the Race: pitovidea, hovwet, that
said right is nonexclvsiVe, nonassignable and noutranster&ble.
All proposed uses of AB Tra4emarks of whatever nature shall be
subject to AB's review and prior written approval.
(b) No party shall manufacture or sell, or license
the manufacture or sale, of any promotional merchandise which
bears the Race logo (if any) and any AB Trademark, without the
prior written consent of AB and the other parties.
9. Expenses.
(a) Except as otherwise specifically provided in this
Agreement, each party shall be responsible for any expenses
incurred by such party in connection herewith.
(b) FIRC shall include in each agreement between FIRC
and any third party supplying goods or services for the Race a
statement that FIRC is solely responsible for the performance
of its obligations under such agreement.
(c) City shall include in each agreement between City
and any third party supplying goods or services for the Race a
statement that City is solely responsible for the performance
of its obligations under such agreement.
10. Insurance.
FIRC shall provide A.B. on or before May 1, 1284, with
a certificate from its qualified and licensed insurer
certifying that FIRC has a comprehensive liability insurance
policy in force with at least Two Million Dollars (i2,000,000)
single limit liability for the Race and all related
activities. The certificate shall also certify that AB is an
7
84-612
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..
additional insured Under the insurancM
. , polity,, Which Policy
4hail ..iUIU44 a coattactual liability andatsemant to cornet
it 1IAC a obligations under Paragraph 11 of this Agreenant6 the
evidence of covera#* shall specifically at that eov+rrigi as
3
it partains to AS shall be primary regardless of any other
{
coverage Which ray be available to AS. The policy shall be
a:
written so that AB Will be notified of the cancellation or any
restrictive amendment of the policy at least fifteen (it) days
Prior to the effective date of such cancellation or amendment.
FIRC shall not violate, or permit to be violated, any
conditions of said insurance policy, and PIRC shall at all
times satisfy the requirements of the insurance company writing
said policy. Failure to provide such certificate in the manner
and time requited or to maintain the insurance coverage
_
specified herein shall be deemed a material breach of this
Agreement. It shall be a condition precedent to the
enforcement of AB's obligations hereunder that FIRC shall have
furnished to AB the insurance certificate as aforesaid.
11. Indemnity.
(a) FIRC shall indemnify and hold AB harmless from
and against any and all claims (including any claimants'
attorneys' fees), damages. liabilities, costs and expenses,
including, but not limited to, attorneys' fees incurred by AB
in the defense of any such claims, arising out of or in
connection with (i) the advertising. promotion or conduct of
the Race, except for such claims that are caused solely by the
negligent or intentional misconduct of AB, its employees or
agents; (ii) any breach or alleged breach by FIRC of any
provision of this Agreement; and (iii) any act or omission to
act of FIRC, its employees or agents.
(b) City shall indemnify and hold AB harmless from
and against any and all claims (including any claimants'
attorneys' fees), damages, liabilities, costs and expenses.
including, but not limited to, attorneys' fees incurred by AB
[]
84-612
=i
a
dotew of . any such Claims &rising, out at at in
66ftfi cti6n with (i) the Advertising. ptomotion or conduct 69
m
the . AGOAO exgopt- tot such claims that are caused solely by the
negligent or _intentional misconduct of AS. its employees or
agents: (ie) any breach or alleged breach by City of any
k
provision of this Agreement; and (iii) any act or omission to
f
act of City, its employees or agents.
(e) AB shall indemnify and hold lIRC and City
harmless from and against any and all claims (including any
claimants' attorneys' fees), damages, liabilities, costs and
expenses. including. but not limited to, attorneys' lees
incurred by PIRC and City, or either of them, in the defense of
any such claims. arising out of or in connection vith (i) any
breach or alleged breach by AB of any provision of this
-
Agreement: and (ii) any act or omission to act of AB. its
employees or agents.
(c) Each party shall give the other parties prompt
notice of any claim or suit coming Within the purview of these
indemnities. Upon the written request of an indemnitee. the
indemnitor will assume the defense of any claim, demand or
action against such indemnitee and will upon the request of the
indemnitee. allow the indemnitee to participate in the defense
thereof, such participation to be at the expense of the
indemnitee. Settlement by the indemnitee without the
indemnitor's prior written consent shall release the indemnitor
from the indemnity as to the claim, demand or action so
settled. Termination of this Agreement shall not affect the
continuing obligations of each of the parties as indemnitors
hereunder.
12. Independent Contractor.
The parties shall be and act as independent
contractors, and under no circumstances shall this Agreement be
construed as one of agency, partnership, joint venture or
9
84-612
r
a
;fix -•.
rA
r
dt� i. butt tatwbn ::thepatties Rich panty acknOwleddes and
i
aft66 - Ihst it heithot ,has h6c will Give the ADpestanai of
iiipteatibit of having any 1e241 authority to bind or coms►it
ario6i .vitt'y. in any way.
Should the AD Legal Department, in its reasonable
opinion, determine that this Agreement or any provision hereof
violates any federal, state or local law or regulation with
respect to the advertising or sale of alcoholic beverages, then
the parties shall promptly modify this Agreement to the extent
necessary to bring about compliance with such law and/or
regulation; provided, however, that if such modification would
cause this Agreement to fail in its essential purpc+se or
purposes, it shall be deemed cancelled by mutual agreement of
the parties. In the event of such cancellation. payment shall
l
be made only to the extent of a party's performance to and
including the date of cancellation, and any payments which
shall have been made and which are applicable to future time
periods shall be refunded pro rat& to the date of cancellation.
and no party shall have any further obligations or liability
with respect to this Agreement.
14. Failure to Obiect Not a Waiver.
The failure of any party to object to or to take
affirmative action with respect to any conduct of another party
which is in violation of the terms hereof shall not be
construed as a waiver thereof, nor of any future breach or
subsequent wrongful conduct.
15. Notices.
All notices required or permitted hereunder shall be
in writing and shall be deemed duly given if either personally
EU0
' PREPARED AND APPHUVtu t5y :
t
i /�
84-612
,wit su
,. 2. s-rfy
;
{ram yT,-fuiloc"'f
;f ,
# t:� f # h
tf to- pile
Uh6usat-hu6oh, iota•
platida tnboatd hawing Club.
Inc.
G is hutch P1606
1664 North V6st Rivar Ntivi
at. Louis , -6311$ ,.
Waldo I'L g3125
Attn: Vfa* President"
!►ttn: _xr.. Lou- Nuda
s
'�lfal�+� �anagorir�nt
if to city:
City of Miami
Office of Stadiums
P.O. Box 330708
Miami, Fl 33233
Attn: City Manager
or to such other address as any party may provide to the others
in accordance herewith.
16. Limitation on Assignment.
No party shall assign its rights and/or obligations
under this Agreement to any person, corporation or other entity
without the prior written approval of the other parties. This
Agreement and all of the terms and provisions hereof will be
binding upon. and will inure to the benefit of. the parties
hereto and their respective successors and approved assigns.
17. Miscellaneous.
Each of the individuals executing this Agreement
certifies that he or she is duly authorized to do no. This
Agreement constitutes the entire understanding among the
parties with respect to the subject matter hereof and
supersedes all prior or contemporaneous agreements in regard
thereto. This Agreement cannot be altered or modified except
by an agreement in writing signed by an authorized
representative of each party and specifically referring to this
Agreement. The paragraph headings set forth herein are for
convenience only and do not constitute a substantive part of
�V
84-612 .
.2
0.
th
`'r�REBt� Thisree�iSRt bpi dde1S
nerd � e� Add dilivered in tii• ht to d Ed t1dVB i1dd
d arned of Plotidi
b i d dill
Y aria Construed under the later iBch state*
IN �ti'lSd t�lERhO�', .the panties hereto have c+tt�sed
Agreident to bee executed as of the date first above Wit;
:
written.
Attest: ANHEUSER-HUSCH, INCORPORATED
orporate ecretary By
Executive Vice President
Attest: FLORIDA INBOARD RACING CLUB, INC.
corporate Secretary BY
Title
Attest: CITY OF MIAMI
City Clerk BY Howard V. Gary
City of Miami Title City Manager
APPROVAL
By its execution hereof, Unlimited Racing CoMMiesion agrees
to pay the One Hundred Thousand Dollar
(i100,000) sponsorship
fee paid to it by AB pursuant to Paragraph 3 hereof to City and
FIRC in such manner and in such amounts as City and FIRC
mutually agree.
UNLIMITED RACING COMMISSION
By
Title
Date
1072j
12.
APPROVED AS TO FORM
AND CORRECTNESS:
e" I . •
ity Attorney
City of Miami
84-612
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,fir- .;% a r f.r•t :+Iv •'.
PRO 'S0' AM SOMMS , - 1984 MOtftI99t MA'A
1
r Ticket Sales .
Fri. (no aam. charge) - 0
�. Sat. $ 3 x 1, 000 $ 3, 000-
=4 Sun. (adult) $10 x 4#000 40,000 > z
Sun. (adult GA) $8 x 2,500 20,000
Sun. (kilo) $6 x 300 1,800__
Sun. (kids GA) $4 x 300 1,200
Ito
$6 4,000 y—
Barge Seating
Gross Sales $6,250 s
Expenses 3,435
Net $ 2, 715 y-
Programs $ 700
Sales of Advertising
Gross $6,000
Salesman's Fee 11000
Net $ 5,000 -
Concessions
Gross (Food & Beverage) $101000
less:Purchase of Rights 2,000
Vendor Expense- 1,500 -
Cost of goods sold 3,000
Net $ 3,500 -
Novelties 25% of $12,500 3,100 $ 6,600
Event Revenue $79,015
x Event Expenses 64,613
Surplus $14,402
I
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_. -1- 84-612,