HomeMy WebLinkAboutR-77-0318RESOLUTION No, /7-318_
A RESOLUTION AUTHOR/ZINO THE CITY MANAGER
TO EXECUTE AN AOREEMENT WITH ci4AMPION 8PARk
PLUG coMpANY FOI THE STAGING oP THE sEVENTH
ANNUAL CHAMPION SPARK PLUG UNLIMITED REGATTA
AT MIAMI MARINE STADIUM oN MAY 20, 21, AND 22,
1977, IN SUBSTANTIAL CONFORMANCE WITH THE TERMS
AND CONDITIONS AS SET FORTH IN THE ATTAcAtb
AGREEMENT.
St IT RESOLVED BY THE COMMISSION oP 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 Seventh Annual Champion Spark Plug Unlimited
Regatta at the Miami Marine Stadium on May 20, 21 and 22, 1977, in
substantial conformance with the terms and conditions as set forth
in the attached agreement.
PASSED AND ADOPTED this 14TH day of Anil_
1977.
"SUPPORTIVE
DOD!' r: ! v ‘‘b 3
FOLL.C.)ilv'"
ATTEST:
LPH G. ONGIE
CITY CLERK
PREPARED AND APPROVED BY;
/67r4144'e— "47. 6614‹:
ROBERT F. CLARK
ASSISTANT CITY ATTORNEY
2
APPROVED AS TO FORM AND ORRECTNESS;
GEORGE'
KNOX4 JR., CIT frTORNY 222
MAURICF 4, FFRRF
MAURICE A. FERRE
MAYOR
"bettliVitmt , •Dicx
ITEM NO. / 'A
CITY COMMISSION
MEETING OF
APR 4 1977
tOPOITION 410.. . .
101460.
Mr. t7oseph Rs Crassie
City Manager
Lee Dvans> Assistant Director
Dept, of Publicity and Tourism
' 7
u 3 i.j
March 17) 1977
Champion Spark Plug Regatta
Agreement and Resolution
Agreement and Resolution
Attached is a resolution and an agreement pertaining to the
Champion Spark Plug Unlimited Hydroplane Regatta.
This is the seventh annual Champion Spark Plug Unlimited Regatta
to be held at Miami marine Stadium and the elates aro May 20-21--22.
SUP^^ 4r"'r
%1 C : Tr
r'
FLLOW'?
77- 3/d
WHAT: Champion Spark Plug Unlimited Regatta
WHERE: Miami Marine Stadium
DATES: May 20-21-22b 197
SPONSOR: City of Miami
Champion Spark Plug Company
Florida Inboarri Racing Club
ORGANIZATION: Regatta is operated by Florida Inboard Racing
Club.
PARTICIPANTS: Members of the Flcri-;a Inboard Racing Club
and American Power Boat Association Unlimited
Division,
PURPOSE: To have a boat race at Marine Stadium
and create publicity and revenue for
Marine Stadium.
CONTINUITY: This is the seventh regatta of unlimited
hydroplanes;
lie 1
DOC P lFA: Ts
AdIIEMENT made this lst day of giteh 1977 by and between the City of
Hiaflii, Florida ("the City"), Champion Spark Plug Company, a corporation
organized Under the laws of Delaware having its principal office in 7bledo,
Ohio (''Champion"), and the Florida Inboard Racing Club, Inc., having an office
at 5100 S.% 96th Avo, , 33165,
Through its Department of Publicity and Tourism, the City desires to
produce an unlimited hydroplane racing event ("the Event"), to be held at :urine
Stadium, Miami, Florida, commencing May 20, 1977 and continuing through May 22,
1977, 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 facili-
tate the production of the Event. The parties agree, therefore, as foll.c s:
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 In-
board 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 tho 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 Association, Unlimited Division,
'SUPPORTIVE
DOCUM. EN T
FOLLQ_W:
and produde the Event and Conduct the races in aCcordande With the ter 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 the went and the conduct of the races (whether
in the respects spedifically mentioned in paragraph 2 above: or otherwise),
Champion shall have no responsibility, participation or right of control what-
soever. 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 reim-
bursement 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 fur-
nished; 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 nuy, 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 zuly other deti
tner`dial sponsor for the Event without the prior written Consent of Chatpion
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 1978.
6. Champion shall advance to the parties named below the following sums
of money:
One Thousand Seven Huncrrd Dollars ($1,700) payable to the
American Power Boat Association Unlimited Fund upon filing
of sanction fee for this `*gent, representing ten percent (10%)
partialprize money. (Paid 3/14/77)
b. Fifteen Thousand Three hundred Dollars ($15,300) payable to
the American Power Boat Association Unlimited Fund on or before
May 15, 1977, subject to a two percent (27;) discount if paid
by such date, representing the balance of the prize money.
c. A sanction fee of One Thousand Five Hundred Dollars (81,500)
payable to the Unlimited Racing Commission Fund, APBA. (Paid
3/14/77)
d. An insurance premium of One Thousand Five Hundred Forty -Eight
Dollars ($1,543) payable to the American Power Boat Association.
(paid 3/14/77)
e. One Thousand Five Hundred Dollars ($1,500) shall be paid to
each omen whose boat crosses the Mississippi River from its
home port to compote in a race (legal start still required) .
Five Hundred Dollars ($500) shall be paid to each .owner whose
boat com tos in a race on the same side of the Mississippi
River as its hone Dort (legal sWet 1411 required) .
One Thousand five Itundrecl 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 of
the Event, a sum equal to the lesser of (1) the amount of such het proceeds; or
(2) $17,000, ?s used herein, "net proceeds" means the total of all income de-
rived by the City from sales of aclnission tickets to the Event, less the total
of any sales, admissions of other excise tares levied directly on such sales of
admission tickets,
This Agreement -may be terminated at the option of either Champion or the
City of ,Liam if it is determined by either party that event conterrrplated 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 Miani 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 tine other than Nay 20-22, 1977 without Champion's consent (which
Champion may for any reason withhold), then the City shall in either case reim-
burse Champion a sum dual to the total of all monies previously advanced by
Champion to the City.
tN WITNtS8 WIrEREOI4I the parties have Caused this Agree -tent to be ekec*dted
by their respedtiVe offiders and officials on the date first above'Writte?s
WITNESS:
ATTEST:
u . A. Garwood
Assistant Secretary
Approved as to Form and Correctness:
CITY or t MI 'LOR bA
Ci-HA;•YPIO11 SPARK PLUG CO tPr' N?
Richard D. Kudner
Vice President
Advertising and Merchandisin