HomeMy WebLinkAbout17397 - RESOLUTIONS - 1/16/1991 RESOLUTION NO. 17397
OF THE CITY COUNCIL OF THE CITY OE' PALM
SPRINGS, CALIFORNIA, CANCELLING THE
AGREEMENT REld-OING TO PROPRIETARY RIGHTS
IN AND CONDUCT OE' GORDON BENNETT BALLOON
RACE BETWEEN THE CITY OF PALM SPRINGS
AND TOY HEINSHEINIER OF CORDON BENNETT
BALLOON RACE, INC.
WHEREAS, Gordon Bennett Balloon Race, Inc. , a California ,
corporation (GBBR) and the City of Palm Springs, a municipal
corporation (City) entered into an agreement to produce the
Palma Springs Gordon Bennett Balloon Race in 1988 for the
years 1989 - 1993 and,
WHEREAS, the event known as the Gordon Bennett Balloon Race -
consists of a contest -to deterinine the furthest distance
traveled among several helium filled manned balloons. The
event purports to be and is a continuation of a series of such
events which commenced in 1906 and,
WHEREAS, since 1979, GBEIR has owned and now owns or claims
ownership of all proprietary rights in and to the Gordon
Bennett Balloon Race and in any use of that name as a trade
mark, service mark or other form oil property interest and, �
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WHEREAS, Oro Thomas Hsinsheimer is the sole shareholder of
GBBR and in that capacity has invested and loaned substantial
sums of money to GBBR in the promotion and conduct of that
event in the years since and including 1979 and, J
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WHEREAS, GBBR had entered into an agreement with the city, to ..
assign all of its right, title and interest in the event,
subject to the terms and which are intended (1) to assure the
quality and propriety of 'the conduct of the event, and secure
the services of Dr. Thomas Hainsheimer for that purpose, and
(2) to make whole the e;spenditures of GBBR. and Dr. Thomas
Reinsheimer in developing and promoting the event in the years
from 1979 to 1988, inclusive and,
WHEREAS, City entered into - his agreement in December- of 1988
to conduct said event in 1989 and future years as a sporting
event of interest r".o the international ballooning and aviation ,
community and the general public and to promote the tourism �-
and visitor industry o:;: the City and,
WHEREAS, GBBR conveyed transferred and assigned to City all
of its right, title and interest in the Gordon Bennett Balloon
Race, including without limitation, the right to use the name
"Palm Springs Gordon Bennet" Balloon Race10 in any manner
whatsoever, including without Limitation, as a trade mark,
service mark or otherwise, alone or as part of any other trade
mark, service mark or other use of said name.
Res. No. 17397
Page 2
• NOW, THEREFORE, BE IT RESOLVED that the agreement between the
City of Palm Springs and Tom Heinsheimer of Gordon Bennett
Balloon Race, Inc. canceling the prior agreement between the
parties and re-conveying the proprietary r,.gbts of the City
in the Gordon Bennett Balloon Race to Tom Heinsheimer shall be
approved.
ADOPTED this 16th day of January, 1991
AYES, Councilmembers Hodges, Murawski , and Mayor pro tem Broich
NOES: None
ABSENT. Councilmember Neel and Mayor Bono
ATTEST;__ CITY OF PALM SPRINGS, CALIFORNIA
By
CityCleric =- Gill Manager
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REVIEWED 4 APPROVED
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