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Home My WebLink AboutR-78-0285RESOLUTION NO..„7.11•.h.., _r A RESOLUTION AUTHORIgING THE CITY MANAGER To EXECUTE AN AGREEMENT WITH CHAMPION 8PARX PLUG COMPANY EoR THE STAGING OE THE EIGHTH ANNUAL CHAMPION SPARK PLUG UNLIMITED REGATTA AT MIAMI MARINE STADIUM ON JUKE 2, 3, and 4, 1918, 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, FLORIDA: Section 1. The City Manager is hereby authorized to execute an agreement with the Champion Spark Plug Company for the staging of the Eighth Annual Champion Spark Plug Unlimited Regatta at the Miami Marine Stadium on June 2, 3, and 4, 1978, in substantial conformance with the terms and conditions as set forth in the attached agreement. PASSED AND ADOPTED this 27 day of , 1978. "SUPPORTIVE DOCUMENTS rL• LLO `1Vtt RALPH G. ONGIE CITY CLERK PREPARED AND APPROVED BY: ED-44-21•44 ROBERT F. CLARK ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND o:• CTNESS; GE • RGE F 1 KNOX, JR. , CITY APRIL MAURICE A. FERRE MAURICE A. FERRE MAYOR "DOCUMENT ITEM NO. CITY COMMISSION METING OF APR (1978 inis.efe•.e!.,.,•,,ee+fee:! a Mr. Joseph R. Grassie City Manager Lee Rvans, Assistant Director Dept. of Tourism Promotion • t. March 27, 1978 Champion Spark Plug Regatta Agreement and Resolution Agreement and Resolution The City of Miami will once again co-sponsor the Champion Spark Plug Unlimited Hydroplane Regatta at Miami Marine Stadium, June 2-3-4, 1978. This is the eighth annual Champion Spark Plug Unlimited Regatta to be held at Miami Marine Stadium. We are requesting this to be placed on the April 27 agenda, "SUPPORTIVE DOCUMENTS FOLLOW" FACT SHEET WHAT: Champion Spark Plug Unlimited Regatta WHERE: Miami Marine Stadium DATES: June 2, 3, 4, 1978 SPONSOR: City of Miami Champion Spark Plug Company Florida Inboard Racing Club ORGANIZATION: Regatta is operated by Florida Inboard Racing Club, PARTICIPANTS: Members of the Florida Inboard Racing Club and American Power Boat Association Unlimited Division. PURPOSE: To have a boat race at Miami Marine Stadium and create publicity and revenue for Marine Stadium. CONTINUITY: This is the eighth regatta of unlimited hydroplanes. "SUPPORTIVE GC.JU,,1L iS ?ACT,..SI ttT WHAT: Champion Spark Plug Unlimited Regatta WHERE: Miami Marine Stadium DATES: June 2, 3, 4, 1978 SPONSOR: City of Miami Champion Spark Plug Company Florida Inboard Racing Club ORGANIZATION: Regatta is operated by Florida Inboard Racing Club. PARTICIPANTS: Members of the Florida Inboard Racing Club and American Power Boat Association Unlimited Division. PURPOSE: To have a boat race at Miami Marine Stadium and create publicity and revenue for Marine Stadium. CONTINUITY: This is the eighth regatta of unlimited hydroplanes. "SUPPORTIVE FOL.I OW" AGREEMENT made this —_` " of 19784 by and between the City of Miami, Florida ("the City"), Champion Spark Plug Company, a corporation organized under the laws of Delaware having its principal office in Toledo, Ohio ("Champion"), and the Florida Inboard Racing Club, Inc., having an office at 5100 S.W. 96th Ave,, Miami, Fla., 33165. Through its Department of Publicity and Tourism, the City desires to produce an unlimited hydroplane racing event ("the Event"), to be held at Marine Stadium, Miami, Florida, commencing June 2, 1978 and continuing through June 4, 1978, or on other dates mutually agreed upon by the parties. 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 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 accommo- dation of ambulances, a doctor and other appropriate first -aid services and facilities; it will arrange for the layout, marking and policing of the race course 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 Associat�gn, nlimited Division, "SUPP V�►L DOCUMENTS FOLLOW" • 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 above or otherwise). Champion shall have no responsibility, participation or right of control whatsoever. 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. The City undertakes to indemnify Champion and hold Champion harmless from any and all claims for personal injury or property damage by whomsoever suffered, and from any and all claims of any person for prizes, services performed or goods furnished; arising out of or in connection with production of the Event or conduct of any of the races. 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 an- nouncement 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 en- titled to refer to and depict the Event in its own corporate and product adver- tising, 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. 3- 5. The City agrees not to enter into an agreement with any other coif= mercial sponsor for the Event without the prior written consent of Champion having first been obtained. The City agrees to qualify its Sanction Applica- tion 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 1979. 6. Champion shall advance to the parties named below the following sums of money: 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 (10) partial prize money. b. Twenty Thousand Two hundred Fifty Dollars ($20,250) payable to the American Power Boat Association Unlimited Fund on or before June 4, 1978. c. A sanction fee of One Thousand Five Hundred Dollars ($1,500) payable to the Unlimited Racing Commission Fund, APBA. (Paid 1/10/78) d. An insurance premium of One Thousand Six hundred Dollars ($1,600 - estimate) payable to the American Power Boat Association. e. One Thousand Five Hundred Dollars ($1,500) shall be paid to each owner whose boat qualifies as legal starter. f. One Thousand Five hundred Dollars ($1,500) payable to the Florida Inboard Racing Club representing purse money for limited hydroplane winners. "SUPPORTIVE DCuUI\IFNTS -11111111111 4 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) $17,0006 As used herein, "net proceeds" means the total of all income de- rived by the City from sales of admission tickets to the Event, less the total of any sales, admissions of other excise taxes levied directly on such sales of admission tickets. 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 here- under 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. If the Event is for any reason not held by the City, or if the Event is held at a time other than June 2-4, 1078 without Champion's consent (which Champion may for any reason withhold) , then the City shall in either case reim- burse Champion a sum equal to the total of all :ponies previously advanced by Champion to the City. =5- IN WITNESS WHEREOF, the parties have caused this Agreement to be eitecuted by their respective officers and officials on the date first above written: ATTEST: CITY OF MIAMI, FLORIDA , a Municipal Corporation of the State of Florida. By JOSEPII R. GRASSIE CITY MANAGER . RALPH G. ONGIE, CITY CLERK ATTEST: CHAMPION SPARK PLUG COMPANY , ;_4/:./j'1% •.• zt,V/ J.A. Garwood Ass 3.s tant Secretary Approved as to Form and Cam. ectness: GEORGE F. KNOX, JR. CITY ATTORNEY By Richard D. Kudner Vice President Advertising and Merchandising