The URL can be used to link to this page

Home My WebLink AboutR-83-0389FLORIDA: RESOLUTION NO. Fi3-365 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH CHAMPION SPARK PLUG COMPANY FOR THE STAGING OF THF. THIRTEENTH ANNUAL CIAMPION SPARK PLUG UNLIMITED RFGATTA AT MIAMI MARINE STADIUM ON JUNE 3, 4 AND 5, 1983, IN SUBSTANTIAL CONFORMANCE WITH THE TERMS AND CONDITIONS AS SET FORTH IN THE ATTACHED AGREEMENT. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, Section 1. The City Manager is hereby authorized to execute an agreement with the Champion Spark Plug Company for the staging of the Thirteenth Annual Champion Spark Plug Unlimited Regatta at the Miami Marine Stadium on ,Tune 3, 4 and 5, 1983, in substantial conformance with the terms and conditions as set forth in the attached agreement. PASSED AND ADOPTED this 1 tl day of ,lay, , 1983. ATTEST: RASH G. ONGIE, CITY CL K PREPARED AND APPROVED BY: ASSISTANT CITY ATTORNEY C APPROVED AS TO FORM AND CORRECTNESS: )/. xan� tTY SE R. GARCIA-PEDROSA ATTORNEY Maurice A. Ferro MAYOR CITY COMMISSION MEETING OF MAY 12 1983 kEt:ykKS AGREE"dEi1T AGREEMENT made this 18th day of April, 1983, by and between the City of Miami, Florida ("the City") and Champion Spark Plug Company, a corpo- ration organized under the laws of Delaware having its principal office in Toledo, Ohio ("Champion"). W I T N E S S E T H WHEREAS, the City desires, through its Office of Stadiums, to produce an unlimited hydroplane racing event ("the Event") to be held at Marine Stadium, Miami, Florida, commencing June 3, 1983 and continuing through June 5, 1983; and WHEREAS, in consideration of certain promotional and advertising opportunities, hereinafter described, Champion is willing to advance, sub- ject to reimbursement, certain funds to facilitate the production of the Event; The parties agree, therefore, as follows: 1) The Event will consist of an unlimited hydroplane race, run in series of separate races or heats and conducted under the sanction of the American Power Boat Association, Unlimited Division. The Event may also include races other than unlimited class boats. 2) The City will have entire charge of the production of the Event and of the conduct of the races of which the Event consists. Without limiting the generality of the foregoing, the City will provide for the Event the facilities of the Marine Stadium, including the services of ticket takers, ushers, attendants and security personnel; it will pro- vide facilities and equipment for the accommodation of ambulances, a doctor and other appropriate first -aid services and facilities; it will arrange for the layout, marking and policing of the racecourse and obtain from the Coast Guard or other appropriate governmental authority permission to conduct the races; it will obtain for the Event and the 83-38S" 0 Ok races the sanction and approval of the American Power Boat Association, Unlimited Division, and produce the Event and conduct the races in accordance with the terms and conditions of such sanction and approval, and it will provide or arrange for officials for the conduct and judging of the races, admit contestants and award prizes. 3) In the production of this Event and the conduct of the races (whether in the respects specifically mentioned in Paragraph 2 or otherwise), Champion shall have no share in the profits or proceeds of sales of admission tickets for the Event, except for Champion's right to obtain reimbursement of funds it has advanced as provided in Paragraph 7 below. 4) The Event shall be named and promoted as the "Champion Spark Plug Unlimited Regatta". Champion and the City will cooperate in publicizing and promoting the Event, and the timing and form of the City's initial public announcement of the Event shall be subject to Champion's approval. Expenses of such publicity and promotion shall in each case be borne by the party incurring the same, without reimbursement from the other party. Champion shall be entitled to refer to and depict the Event in its own corporate and product advertising, as Champion in its judgement deems appropriate. The City shall provide Champion with samples of all materials which are intended to promote the Event or contain the Champion trademark. Such materials include but are not limited to posters, flyers, tickets, bumper stickers, programs, race schedules and any other advertising material. The samples described above shall be submitted to Champion thirty (30) days prior to the Event. The City may, with and subject to Champion's approval (which Champion may for any reason withhold), sell or otherwise grant television broadcast or motion picture rights to the Event. The parties hereto understand that the American Power Boat Association, Unlimited Division Radio Network is granted free and exclusive radio rights to the Event. 5) The City agrees not to enter into an agreement with any other commercial sponsor for the Event without the prior written consent of Champion having first been obtained. The City agrees to qualify its - 2 - 83-38c, Sanction Application to the American Power Boat Association contingent upon the terms of this Agreement. The City further grants to Champion the right of first refusal to sponsor the event in 1984 and 1985. 6) Champion shall advance to the parties named below the following sums of money: a. Three Thousand Five Hundred Dollars ($3,500) payable to the American Power Boat Association Unlimited Fund upon filing of sanction fee for this Event, representing ten percent (10%) partial prize money. (Paid March 17, 1983) b. Thirty One Thousand Five Hundred Dollars ($31,500) payable to the American Power Boat Association Unlimited Fund on or before June 5, 1983. C. A sanction fee of Five Thousand Dollars ($5,000) payable to the Unlimited Racing Commission Fund, APBA. (Paid 2/14/83) d. An insurance premium of Five Thousand Six Hundred and Ninety One Dollars ($5,691) payable to the K & K Insurance Company. (Paid March 17, 1983) e. 1. LEGAL START MONEY Three Thousand Dollars ($3,000) per boat that makes a legal start in any elimination heat. (Boat must qualify to make a legal start). One Thousand Dollars ($1,000) qualification money if bumped from ten (10) or twelve (12) boat field. 2. QUALIFYI14G MONEY One Thousand Five Hundred Dollars ($1,500) per day for first two days only. Each day: $400.00 - $300.00 - $225.00 - $175.00 - $150.00 Fastest Overall Qualifier: First, $300.00, Second, $200.00 To qualify each boat must achieve speed set forth in rule book (Rule 4, Section 4E), and exceed prior day speed to earn second day qualifying money. 3. HEAT PRIZE MONEY Five Hundred Dollars ($500) per boat each preliminary heat. (Boat must finish heat to qualify for prize and finish fifteen (15) minutes from start of race, (Rule 5, Section 2A). One Thousand - 3 - 83-33'' Dollars ($1,000) for the second heat in which a boat qualifies as foregoing. f. One Thousand Five Hundred Dollars ($1,500) payable to the Florida Inboard Race Club representing purse money for limited hydroplane winners. 7) Champion shall be reimbursed by the City, out of the net proceeds of the Event, a sum equal to the lesser of (1) the amount of such net proceeds; or (2) Seventeen Thousand Dollars ($17,000). As used herein, "net proceeds" means the total of all income derived by the City from sales of admission tickets to the Event, less the total of any sales, admissions or other excise taxes levied directly on such sales of admission tickets. 8) Champion shall be given Five Hundred (500) gratis Grandstand Stadium Tickets of Champion's choice and up to a maximum of Five Hundred (500) additional Stadium Tickets at forty percent (40%) discount of regular list price. This Agreement may be terminated at the option of either Champion or the City of Miami if it is determined by either party that Event contemplated hereunder is not in the best interests of the nation or community where race is to be held because of an adverse national economy, energy or fuel situation in general or due to lack of or limited fuel supply within the Miami metropolitan area which may exist prior to or on the date of the Event. All actions and provisions of this Agreement will be construed and interpreted under Florida law and heard in Dade County, Florida. - 4 - 83-38c.-i t t IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective officers and officials on the date first written above. ATTEST: CITY CLERK ATTEST: stant C RATE SECRETARY 1 CITY OF MIAMI , FLORIDA, a municipal corporation CITY MANAGER Date: CHAMPION SPARK PLUG COMPANY Richard D. Kudner Vice President, Advertising & Merchandising Date: 1$ 83 APPROVED AS TO FORM AND CORRECTNESS: CITY ATTORNEY JHY:ss - 5 - 83-38S. - ► V If 72 CITY OF MIAMI. FLORIDA INTEROFFICE MEMORANDUM To Howard V.—Gary DATE City M nager � SG9,EC1983 Champion Spark Plug Regatta Contract; Commission authorization requested. F RC ,V Walter E. Golby REFERE', C E S Stadiums Administrator ENCLOSURFS 1. Referenced contract. 2. Resolution authorizing Contract. "It is recommended that the attached resolution be adopted authorizing the City Manager to execute an agreement with the Champion Spark Plug Company for staging the Annual Champion Spark Plug Unlimited Regatta at Marine Stadium on June 3, 4 and 5, 1983. For the past twelve (12) years the City of Miami has co -sponsored the Annual Champion Spark Plug Unlimited Regatta at the Marine Stadium. This race has national recognition for the City of"Miami and thousands of boat racing enthusiasts will attend this pres- tigious event. Over the past years, this event has been self-sustaining with ticket proceeds payinq all expenses for services to be provided by the City. One "original" and one copy of the referenced agreement are en- closed. All should be signed so that one of them can be returned to the Champion Spark Plug Company. It is therefore recommended by the Office of Stadiums, that the City Manager be authorized to execute the attached agreement as per the attached resolution. WEG:cpm encls L3-385