Loading...
2021-23 World Triathlon Corporation Amendment 5 - Term ExtensionDocuSign Envelope ID: C3A41917-1264-4579-A3DA-CA9368F91C18 AMENDMENT NO. 5 TO HOST VENUE AGREEMENT WITH WORLD TRIATHLON CORPORATION This Amendment No. 5 ('Amendment No. 5") to Host Venue Agreement is made and entered into as of the 30th day of November 2023 (the "Amendment No. 5 Effective Date") by and between the CITY OF LA QUINTA ("City"), a California municipal corporation, the CITY OF INDIAN WELLS ("IW"), a California municipal corporation, and WORLD TRIATHLON CORPORATION ("WTC"), a Florida Corporation. RECITALS WHEREAS, on or about December 19, 2017, City, IW, and WTC (collectively referred to as the "Parties" from hereto) entered into that certain Host Venue Agreement (the "Original Agreement") to authorize WTC to prepare and conduct an IRONMAN 70.3 Indian Wells - La Quinta triathlon (the "Event") each year of the Original Agreement; and WHEREAS, Amendment No. 1, executed on or about May 20, 2019, amended Section 1(d)(ii) to change the Race Date for the 2019 Event from December 15, 2019, to December 8, 2019; and WHEREAS, Amendment No. 2, executed on or about December 19, 2019, amended Section 1(d)(iii) to change the Race Date for the 2020 Event from December 13, 2020, to December 6, 2020; and WHEREAS, Amendment No. 3, executed on or about December 9, 2020, amended Section 1(d)(iii) to change the race date for the 2020 Event from December 6, 2020, to December 5, 2021, due to the novel coronavirus pandemic and extend the Term for one additional year thirty (30) days after the 2021 Event; and WHEREAS, Amendment No. 41 executed on or about November 30, 2021, amended the Agreement to extend the Term for two additional years to thirty (30) days after the 2023 Event. The Original Agreement, and Amendment Nos. 1, 2, 3, and 4 are collectively referred to as the "Agreement." The Term of the Agreement currently expires January 2, 2024; and WHEREAS, the Parties mutually agree to extend the Term of the Agreement for one additional year from thirty (30) days after the 2023 Event to thirty (30) days after the 2024 Event pursuant to Section 2 of Agreement; and Page 1 of 6 DocuSign Envelope ID: C3A41917-1264-4579-A3DA-CA9368F91C18 NOW THEREFORE, in consideration of the foregoing Recitals and mutual covenant herein contained, the Parties agree as follows: AMENDMENT 1. Section 2 is hereby deleted in its entirety and replaced with the following: Term of Agreement. This Agreement is effective beginning on the Effective Date and will continue in effect until the date that is thirty (30) days after the 2024 Event, unless this Agreement is sooner terminated in accordance with the terms of this Agreement (the "Term"). 2. Section 1(d)(vi) is hereby added to the Agreement and read as follows: Section 1(d)(vi). Sunday, December 8, 2024 3. Section 3(a) of the Agreement is hereby amended to include the following sentence: With respect to the Event taking place in 2024, the Annual Payment amounts paid to WTC by the Hosts shall remain the same as compared to previous Race Years and such Annual Payments for the 2024 Event shall be paid to WTC by September 30th of 2024. 4. The table of Restricted Sponsorship Categories in Exhibit D is hereby deleted in its entirety and replaced with the following list: • Airlines • Alcohol malt beverage and non -alcohol malt beverages • Automobiles, electric vehicles, electric buses, and electric scooters • Bike wear (including technical bike apparel, helmets, and footwear) • Bikes, bike components, bike trainers, bike parts (including pedals), bike devices (including computers, GPS devices, power meters, and any other connected devices) • Charities • Compression Wear • Digital virtual multisport software/platforms including swimming, cycling and/or running • Energy Drinks • Event registration or transaction processing software/services • Eyewear and related accessories Page 2 of 6 DocuSign Envelope ID: C3A41917-1264-4579-A3DA-CA9368F91C18 • Financial Services, Wealth Management, Cryptocurrency & Life Insurance • Hand/wrist devices including watches, global positioning devices (GPS) and any other connected devices • Heart Rate Monitors • Online Fundraising Platform • Photography Services • Recovery Devices and Wearables including ice -based products, vibration & percussive massage, heat/cold/thermal wearables, contrast therapy, compression (e.g., pneumatic boots), vibration rollers/balls/sticks, handheld meditation, TENS & stim devices • Running Wear (including footwear and apparel) • Swim Wear (including wetsuits, swim caps, and swim goggles) • Timing Services • Travel Booking Services, Tour Operator Services, Athlete Premium Experiences, and Training Camps • Treadmills In all other respects, the original Agreement shall remain in effect. [Three (3) signature pages directly follow this page] Page 3of6 DocuSign Envelope ID: C3A41917-1264-4579-A3DA-CA9368F91C18 IN WITNESS WHEREOF, City, IW, and WTC have executed this Amendment No. 5 to the Agreement on the respective dates set forth below. CITY OF LA QUINTA a California municipal corporation w JO CMILLEN, City Manager City of La Quinta, California ATTEST: —4wi4q MONIKA RADEVA, dity CI rk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California Page 4 of 6 Dated: I� Z(32.3 DocuSign Envelope ID: C3A41917-1264-4579-A3DA-CA9368F91C18 CITY OF INDIAN WELLS a California municipal corporation E-SIGNED by Christopher Freeland on 2024-01-05 23.19.25 PST Dated January 05, 2024 CHRISTOPHER J. FREELAND, City Manager City of Indian Wells, California FINANCE DIRECTOR INITIALS: E-SIGNED by Kevin Mccarthy or -2n2-zt-- 01-04 23:24:02 GMT ATTEST: E-SIGNED by Angelica Avila on 2024-01-05 23.34.51 PST City Clerk, City of Indian Wells, California APPROVED AS TO FORM: E-SIGNED by Todd Leishman on 2024-01-06 05.57.00 PST City Attorney, Best, Best, & Krieger Page 5 of 6 DocuSign Envelope ID: C3A41917-1264-4579-A3DA-CA9368F91C18 WORLD TRIATHLON CORPORATION DocuSigned by: Dated 7anuary 11, 2024 41�'`SICK, Chief Executive Officer Page 6of6 DocuSign Envelope ID: C3A41917-1264-4579-A3DA-CA9368F91C18 CONSENT CALENDAR ITEM NO. 4 City of La Quinta CITY COUNCIL MEETING: December 19, 2023 STAFF REPORT AGENDA TITLE: APPROVE AMENDMENT NO. 5 TO HOST VENUE AGREEMENT WITH WORLD TRIATHLON CORPORATION TO HOST THE IRONMAN 70.3 INDIAN WELLS — LA QUINTA TRIATHLON FOR ONE ADDITIONAL YEAR RECOMMENDATION Approve Amendment No. 5 to Host Venue Agreement with World Triathlon Corporation to host the IRONMAN 70.3 Indian Wells — La Quinta Triathlon for one additional year; and authorize the City Manager to execute the amendment. EXECUTIVE SUMMARY • The fifth IRONMAN 70.3 Indian Wells — La Quinta Triathlon (Event) occurred on December 3, 2023. • The Host Venue Agreement expires thirty days after the December 2023 Event. • Under Amendment No. 5, the Cities of La Quinta and Indian Wells are seeking to extend the agreement with World Triathlon Corporation for one additional year to host an Event in 2024. • All the terms and financial obligations would remain the same. FISCAL IMPACT The $75,000 host sponsorship would be paid in 2024 using funds budgeted in the Community Experiences Account No. 101-3003-60149. 3ACKGROUND/ANALYSIS The City partnered with Indian Wells and World Triathlon Corporation to host the Event since 2018. Following the inaugural race the route was reconfigured to create a more efficient course with minimal traffic impacts. Since then, coordinated efforts between the participating agencies resulted in improved traffic flow, no major injuries, and timely removal of traffic control equipment after the race. The Event attracts professional and amateur athletes from around the world, establishing La Quinta as an international destination. The 2022 economic impact report indicates that 33 DocuSign Envelope ID: C3A41917-1264-4579-A3DA-CA9368F91C18 the Event produced over $5,700,000 in economic benefits for the region. If approved, Amendment No. 5 would extend the Host Venue Agreement for an additional year. All terms of the existing agreement would remain the same including each agency's resource commitments, financial participation by the Greater Palm Springs Convention & Visitors Bureau and World Triathlon Corporation covering traffic, police, and fire costs associated with the Event. If Amendment No. 5 is approved, all terms and obligations will continue through the 2024 race and staff will collaborate with partnering agencies to assess the Event and implement improvements to the race route, traffic plan, and community outreach efforts. Based on continued positive performance, staff will work with all parties on a new long-term agreement for the triathlon. ALTERNATIVES Council may elect not to amend the agreement and not host the Event in 2024. Prepared by: Michael Calderon, Management Analyst Approved by: Christina Calderon, Community Services Deputy Director Attachment: 1. Amendment 5 to Host Venue Agreement with World Triathlon Corporation, LLC 34