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Home My WebLink AboutR-81-0195i F, II) 711*1 F ELEVYW'l T,) -R E, 1 - -,c A'417) T-, T IT i c, I t 7 o t Wr ' MH (� ARC 17 — - L .; I I — — M.A U R I C E A F E R R T, l,lolil:i,l*I' F. CLARK ACTING CITY ATTORNEY D FOLLONVOV��- c "DO U A,!, EN T INDEX ITEM Pjo 1!5 COMMISSION MEEITN"IG OF . .... ...... CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM To Richard L. Fosmoen ;,aTF February 181 1981 CITE City Manager 19R1 Champion Spark Plug Regatta contract; Commission authorisation requested. FROM R. L. Jennings, Director REFERENCES Stadiums & i-Tarinas Department 1, Referenced contract `NCIOSURF:S 2. Resolution authorizing c+nnt-+tea r+t "It is recommended that the attached resolution be adopted authorising the City Manager to execute an agree- ment with the Champion Spark Plug Company for staging; the Eleventh Annual Champion Spark Plug Unlimited Regatta at '4arine Stadium on June 5, and I 7, 1981." The enclosed contract has essentially the same terms as in the last two ,years. Two "ori;finals" of the referenced contract are enclosed. Both should be siJned so that one of them can be returned to the Champion Spark Plu, Comr,any. U T-"' P 0' �1 I `f DOCU [Vi EN FOLLOW?? CITY OF MIAMI. FLORIDA INTEROFFICE MEMORANDUM To. Robert F. Clark Acting City Attorney FROM R. L. Jennings, Director DATE. February 19, 1981 FILE. SUBJECT Contract for 10,81 Champion Spark Plug Regatta REFERENCES. Stadiums & Marinas Department 1. Referenced contract ENCLOSURES. 2. Resolution authorizing, contract The enclosed contract and resolution are being forwarded for your review and approval. The terms of the contract are essentially the same as the last two years and are acceptable to this department. Please place this resolution and contract on the first available Commission agenda. _ f\ 4 •... ' ' .. i V a 0 AGREEMENT AGREEMENT made this day of , 1981 by and between the City of Miami, Florida ("the City") and Champion Spark Plug Company, a corporation organized under the laws of Delaware having its principal office in Toledo, Ohio ("Champion"). WITNESSETH WHEREAS, the City desires, through its Department of Stadiums and Marinas, to produce an unlimited hydroplane racing event ("the Event") to be held at Marine Stadium, Miami, Florida, commencing June 5, 1981 and continuing through June 7, 1981, or on other dates mutually agreed upon by the parties; and WHEREAS, in consideration of certain promotional and advertising opportunities, hereinafter described, Champion is willing to advance, subject 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 i American Power Boat Association, Unlimited Division. The Event may also include races of other than Unlimited class boats, conducted under the auspices of the Florida Inboard Racing Club, Inc. 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 provide 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 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. "OUPPO"RTIVE ooLJs Fc"LL" VV - 2 - 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 Ij 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 judgment deems appropriate. The City may, with and subject to Champion's approval (which Champion may for any reason withhold), sell or other- wise 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 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 quality its 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 1982 and 1983. G) Champion shall advance to the parties named below the following sums of money: a. Two Thousand Five Hundred Dollars ($2,500) payable to the American Power Boat Association Unlimited Fund upon fil.iny of sanction fee for this Event, representing ten percent (101.) partial prize money. 1.). '1`w(-nty Two Thousand Five hundred Dollars ($22, 500) payable to t ho Atw.�rican ]lower. Boat Association Unlimited Fund on or. ho!fore June 7, 1981. C. A sanction fOO of Two Thous,111d five Hundred Dollars ($2,500) payable to the Unlimited pacing Commission Fund, APBA. (Paid 1-29-81) F OLLCilVV is -3- d. An insurance premium of approximately One Thousand Seven Hundred and Forty -Six Dollars ($1,74G.00) payable to the American Power Boat Association. e. 1. LEGAL START HOMEY One Thousand Five Hundred Dollars ($1,500) 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. QUALIFYING MONEY One Thousand Dollars ($1,000) per day for first two days only. Each Day: $350.00 - $250.00 - $175.00 - $125.00 - $100.00 Fastest Overall Qualifier: First, $300.00 - Second, $200.00 To qualify each boat must achieve speed set forth in rule book (Fula 4, Section 4E). 3. HEAT PRIZE MONEY Five Hundred Dollars ($500) per boat each preliminary heat (moat must finish heat to qualify for prize and finish fifteen (15) minutes from start of race, (Rule 5, Section 2A). f. One Thousand Five Hundred Dollars ($1,500) payable to the Florida Inboard Racing Club representing purse money for limited hydroplane winners providing they participate in the Event. Total purse and legal start payments as shown in paragraphs 6(a), 6(b), and 6(e)#1 above are tentative and contingent upon Champion acceptance of proposed, final requirements submitted by Unlimited Commission, APBA, for 1981 season. 7) Champion shall be reimbursed by the City, out of the net proceeds of the Event, a su_:m 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 One Thousand (1000) 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. " S U P R T I V E D0CUN,lENTS FQLLgWl) -4- 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 con- strued and interpreted under Florida law and beard in Dade County, Florida. IN WITNESS WHE?REOI', the parties have caused this Agreement to be executed by their respective officers and officials on the date first above written. ATTEST: ATTEST: CITY CLERK SECRETARY APPROVED AS TO FOR:•1 AND CORRECTNESS: 4G i ACTING CITY ATTORNEY v,J JUY:s.. CITY OF MIAMI, FLORIDA, a municipal corporation CITY '-1A11AGER Date: CHAMPION SPARK PLUG COMPANY By Richard D. Kudner Vice -President, Advertising & Date: .� I. Merchandising --