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Home My WebLink AboutR-79-0344FLORIDA: RESOLUTION N 9.-3 44 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH CHAMPION SPARK PLUG COMPANY FOR THE STAGING OF THE NINTH ANNUAL "_CHAMPION SPARK =_PLUG UNLIMITED REGAT.T.A AT MIAMI'MARINE STADIUM ON JUNE 8, 9, AND 10, 1979, INSUBSTANTIAL 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: The City Manager is hereby authorized t execute an agreement with the Champion Spark Plug Company for the staging of t e __t „_n...., Champion Spark 'lug Unlimited and 10",`1979, Regatta. the Miami Marine Stadium on June in substantial conformance with the terms and conditions a set forth in SUS P ORS, DOCUMENTS FOLLOW" AT the attached agreemen PASSED AND ADOPTED this 22 day Maurice A. Ferre";. May 1979.. MAYOR RALPG. ` ONGIE CITY C ERK PREPARED AND APPROVED BY: ROBERT F. CLARK ASSISTANT CITY ATTORNEY APs'`. D AS TO FORM AND CORRECTNESS: GEORGE' . KNOX, JR. CITY £'TORNEY lit 'DOCUMENT INDEX ITEM NO.1,-(2.2% CITY COMMISSION MEETING OF MAY 2 2 19/9 79-34 •IM IN ea TO, FROM: '2ITY OF MIAMI. FLOUIDA INTER -OFFICE MEMORANDUM n.34Tt:: SU BJ£CT: FILE: Champion Spark plug unla.mited Regatta. Agreement and Resolution REFERENCES:: '.ENCLOSURESi The City of Miami will once again co-sponsor the Champion Spark Plug Unlimited Hydropaane Regatta at Miami Marine Stadium,. June 8, 9 and 10, 1979. This is the ninth annual Champiofl Spark Plug Unlimited to be held at Miami Marine Stadium. We arerequesting this to be placed on the May-24th agenda. LPg Attachments 344 the the City of Miami, a corporation organized under the laws of Delaware having its principal' office in Toledo, Ohio ("Champion"):', WHEREAS, the City desires Tourism, produce TVP:S/2 5-7-79 AGREEMENT AGREEMENT made this day of , 1979 by and between Champion Spark Plug' Company,, Florida ("the City") and WITNESSETH. through its Department of Publicity; an an unlimited hydroplane racing event ("the Event" to be held at Marine Stadium, Miami, Florida, commencing. June 8, 1979 an continuing through June 10, 1979, 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 of separate races or heats, and conducted under the sanction of series the American Power Boat Association, Unlimited Division. The Event. may. also include races of other than Unlimited class boats, conducted under the auspices 2. The City will have entire charge of the productiofl of the Event, and of the conduct of the races of which the Event consists Without the Florida Inboard Racing Club, Inc. limiting the generality of the foregoing, Event the facilities of the Marine Stadium,, takers, ushers, attendants, and security personnel; the City will provide :for the including the services of ticket :. t provide facilities it will provide facilities and equipment for the accommodation of ambulances, adoctor 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 sanctio 1 e .i T !T i Dr C M tt j F1/4d -1- 79-344 Power Boat Association, Unlimited Division, an and approval of 'the American .produce theac .Eventand;conduct the'res inaccordance-with-the terms conditions of such sanction and approval, and it will provide •or arrange fo e conduct and judging of the` races, admit.contestants,and officials for th award prizes. and In the production of this Event and the conduct of the races in the respects specifically mentioned in Paragraph 2 above or wise), Champion shall have no responsibility, participation or right ntrol whatsoever. Champion shall have no share in•the profits or (whether other of co proceeds of sales of admission tickets for theEvent, except for Champion's right to obtain reimbursement of funds it has n 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 judgment deems appropriate. 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 rights to the Event.. 5. The City agrees not to enter into an agreement with any other r advanced as provided i commercial, sponsor for, the Event without theprior written consent of: Champion having first been obtained. The City agrees to qualify its,'. Sanction Application to the American Power Boat Association contingent upon the terms of this Agreement. The City further grants to Championthe right of first refusal to sponsor the event in 1980 and 1981. or; ,(2) $ Champion shall advance sums of money: the parties named below the following a. Two Thousand Two Hundred Fifty Dollars "($2,250)`payable to the American -Power Boat `Association Unlimited Fund upon' filing of sanction fee for this'Event, representing ten percent (107) partial prize money. Twenty Thousand. Two Hundred Fifty Dollars ;($20,250)"• payable to the -American: Power Boat Association Unlimited Fund on • 'or before -June 10, 1979. A sanction fee of One Thousand Five Hundred Dollars `($1,500)• • payable to the Unlimited Racing Commission Fund, APBA. Paid 1-18-79) • An insurance premium of One Thousand Six Hundred Dollars ($1,600 - estimate) payable to the American Power Boat Association. • One Thousand Five Hundred Dollars ($1,500) shall be paid to every boat that qualifies and makes a legalstart according to the 1979 Unlimited Racing rules. One Thousand Five Hundred Dollars ($1,500) payable to the Florida Inboard Racing Club representing purse money for. limited hydroplane winners.` 7. Champion shall be reimbursed by the City, out of the net proceeds the event, a sum equal to the lesser fof (1) the amount of such net proceeds; 17 000. As used herein, "net proceeds" means the, total of all income derived by the City from sales o admission tickets to the Event, less the total of any sales, admissions of other excise taxes levied directly on such sales of admission tickets. 8. Champion shall be given fifteen hundred (1,500) gratis Stadium Tickets of Champion's choice and up to a maximum of five additional Stadium Tickets at forty per cent (40%) discount of regular list Grandstand hundred (500): price. 79-344 This Agreement may be terminated at the option of either Champion or the. City of Miami contemplated hereunder is not in the best interests of the nation if it is determined by either partythat event' 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.toor on the date of the event.' If the, Event is for any reason not held by the City, or if the Event is held at a time other than June 8-10,.1979.without Champion's consent (which Champion may for any reason withhold), then the case City shall in either,, reimburse Champion a sum equal to the total of all monies previously the City. advanced by Champion to IN WITNESS WHEREOF, the parties have caused this Agreement to be executed written.' ATTEST: by their respective officers and officials on the date CITY CLERK ATTEST: SECRETARY APPROVED AS TO FORM AND CORRECTNESS: vor first.; above CITY OF MIAMI, FLORIDA, a municipal corporation CITY MANAGER CHAMPION SPARK PLUG COMPANY By RICHARD,D. KUDNER; VICE PRESIDENT GEORGE F. KNOX, JR. CITY ATTORNEY