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Home My WebLink AboutPacific Raceways~ j ~ ( ~..0 •~8 2009 TRACK USE AGREEMENT RACE TRACK, LLC dlb/a PACIFIC RACEWAYS agrees that Auburn Police Deparnnent (Lessee) may use PACIFIC RACEWAYS under the foliowing terms and conditions set forth for the date(s) shown in paragraph 21, page 4. 1. INSURANCE: Lessee must provide proof of spectator and participant liability of no less than $1,000,000 for each individual; $5,000,000 per occurrence or purchase same from Pacific Raceways. Your Certificate of Insurance showing Pacific Raceways, Pacific Raceways, INC., Race Track, LLC., J Dan Fiarito, Jr., Jason Fiorito, and Andrea Kester as co-insured under your insurance policy is due in this office, no later than seven days prior to the event. The certificate must also state the type of event you are having as well as the date of your event. Lessee is required to provide the Pacific Raceways office with any and all accident information that occurs during your event(s). 2. AUXILIARY EVENTS: No auxiliary events are allowed, according to the King County Conditional Use Permit governing Pacific Raceways. No bands or music without written approval from Pacific Raceways. 3. EXCLUSIVE USE: This agreement does not mean that exclusive use will take place during all events. In some cases conshuction workers or other uses of the facilities at Pacific Raceways will take place during some club events. Setup, tear down and other activities can take place throughout the race facility. Pacific Raceways shall have the right to determine the size, layout and location of each and every component of the event. 4. ORDINANCES; LAWS: It is the responsibility of each club, group or organization to abide by all Federal, State and County Laws, ordinances or regulations. Any and all regulations or restrictions by governing agencies must be adhered to for proper activities' presentation and future use of Pacific Raceways. Events projected for 3,000 or more paid spectators in attendance require King County Police for traffic and Fire Truck standby. A Pacific Raceways event promoter pre-planning meeting will be required to assure compliance. 5. MUFFLERS: It is the responsibility of your organization to enforce current noise restrictions at all events. All road course participants are required to have street legal mufflers during practice and educational events on quiet days. 6. NEIGHBOR AGREEMENT: LESSEE WILL: A. Keep loud speaker volume low and use only for conducting the race. B. Not allow loud music or partying. C. Shictly observe lawfiil operating hours. D. Pay fines for violating curfew of agreed hours on the track and in the paddocks 1. For each race vehicle on the track or in the pits with its motor runiiing befare ar after the agreed hours will be fined $100 per vehicle, per occurrence. 2. Fines levied against Pacific Raceways by any city, county, state, federal or any other agency embodied to do so, as a result of violations by Lessee, will be assessed to Lessee. 3. Should any legal action be brought against Pacific Raceways as a result of curfew v i o 1 a t i o n s b y L e s s e e, resulting in a loss of revenue, said loss will be assessed to Lessee. 7. WAIVER AND RELEASE FROM LIABILITY AND INDEMNITY AGREEMENT: LESSEE WILL defend, indemnify and hold harmless RACE TRACK LLC dIb/a PACIFIC RACEWAYS, PACIFIC RACEWAYS INC J DAN FIORITO JR. JASON FIORITO, ANDREA_KESTER, all officers and directors of Race Track, LLC d/b/a Pacific Raceways, Pacific Raceways, Inc. and all vendors of Race Track, LLC d/b/a Pacific Raceways, and of Pacific Raceways, Inc. from all claims resulting from (whether threatened or real) litigation (wheflier threatened or real), and Lessee agrees to pay all judgments or settlements relating to such pending or threatened claims and/or litigation and to pay all costs of defending such claims and/or litigation including attorneys' fees and costs. LESSEE HEREBY RELEASES WAIVES DISCHARGES AND COVENANTS NOT TO SUE the promoter, participants, racing association, track operator, track owners, land owners, and each of them their undersigned, his personal representatives, assigns, heirs and next of kin for all loss or damage, and any claim or demands therefore, because of injury to the person or property or resulting in the death of anyone on Pacific Raceways property, whether caused by the negligence of releases or otherwise during their term of this agreement. It is the responsibility of Lessee to conduct its events in the safest possible manner; some events may be required to have a Pacific Raceways representative in attendance during the event. It is the responsibility of Lessee to inspect the race track prior to it's' use during all scheduled activities to insure the safety stahis of the racing surface, surrounding areas and that it is suitable for intended use. 8. FACILITY USE: Lessee assumes all responsibility for damage to or clean up of: all pit areas, racing surfaces, fences, guard walls„ baniers, buildings, furnishings and other property of Pacific Raceways. The facility will be rehuned in the same condition that existed prior to the event or shall pay Pacific Raceways to perform any necessary repair or clean up. The n-ack will be swept by Pacific Raceways at the conclusion of each event day. Sweeping charges may to each day of lessees' event(s). 9. PITS/PADDOCK/PRE GRID AREA: All events including driver schools are required to use upper pits/paddock No pre grid by the fuel pumps. DO NOT BLOCK ANY ROAD WAYS OR FIRE LANES. 10. SPONSOR APPROVALS: Pacific Raceways has contractual agreements with sponsors including but not limited to sponsors listed at the bottom of this paragraph. To insure no conflicts of interest, prior written approval from Pacific Raceways is needed for any promotional tie-in or sponsor for your activity. SUNOCO RACING FUEL, BUDWEISER, CocaCola 11. RACING FUEL: Sunoco is the official racing fuel of Pacific Raceways. Sunoco fuel will be available at all events. No other racing fuel may be sold on the Pacific Raceways property. 12. ALCOHOL CONTROL: No alcoholic beverages may be brought onto Pacific Raceways property. If alcohol is sold at Lessee's event, Lessee is expected to abide by Washington State Liquor Control Board Rules and regulations. 13. CHANGES IN CONTRACT Requests for changes to this contract by Lessee must be made in writing only and shall be delivered fourteen (14) days prior to your rental date, Pacific Raceways will respond within seven (7) days of your rental date. This contract contains five (3) pages and constitutes the complete agreement with Pacific Raceways. There are no other verbal agreements, assumed or implied. This contract allows titled group usage of Pacific Raceways as described for race, schools or practice dates. This contract is non transferable without the written approval of Pacific Raceways. Sharing of race dates, schools, or practice dates with other organizations is strictly prohibited without written consent from Pacific Raceways. 14. RACE SCHEDULE Pacific Raceways reserves the right, due to regional or national sanctioning body scheduling, to change any and all race dates prior to February 15, 2008. Only unforeseen adjustments, outside the control of Pacific Raceways; would apply. Lessee will receive written notice about any changes. 15. RACE DATES AND DEPOSIT REOUIREMENTS ARE LISTED BELOW. DAY OF WEEK DATE TYPE OF EVENT TIME OF EVENT Track Fee Tuesday 03-Nov-09 EVOC No Curfew $1,875.00 Wednesday 04-Nov-09 EVOC No Curfew $1,875.00 Thursday 05-Nov-09 EVOC No Curfew $1,875.00 Friday 06-Nov-09 EVOC No Curfew $1,875.00 Total traclc fees: $7,500.00 $7,500.00 is due at Pacific Raceways office with in 30 days from the completion of the training. 16. SANITATION: Pacific Raceways will make permanent restroom facilities available. 17. OIL DISPOSAL: Lessee assumes all responsibility for participants' oil disposai and chenucals deemed hazardous by the EPA. 18. SETTLEMENT: Settlement payment will be invoiced to Lessee. This amount will be calculated by lessees' event check list and Addendum A price sheet. Lessee will be charged for all requested and used amenities. Settlement payment is due upon receipt of invoice. 19. RIGHTS AND OBLIGATIONS The parties agree that in the case of a sale of Pacific Raceways, INC and/or Pacific Raceways, Lessee hereby agrees to the assignment of this contract and its rights and obligations hereunder to the new owner of Pacific Raceways, INC andlor Pacific Raceways. Date: Date: ,-;2 v:4 - , r by: bY 4- Steve Ca u (Roa PACIFI RACEWAYS 31001 144th AVENUE SE, KENT, WA 98042 Tel: 253-639-5927 FAX: 253-639-3002