HomeMy WebLinkAboutPacific Receways Track Use Agreement 20212021 TRACK USE AGREEMENT
RACE TRACK, LLC d/b/a PACIFIC RACEWAYS agrees that Auburn PD (Lessee) may use PACIFIC
RACEWAYS under the following terms and conditions set forth for the date(s) shown in Section 20.
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. Certificate of Insurance must show proof of PARTICIPANT LEGAL
LIABILITY. 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 constitute exclusive use of the facility, unless prior arrangements and/or additional
rental costs have been made. In some cases, maintenance, construction, event set-up/tear down, or even
other rentals of the facility may take place during some events. In addition, Lessee will not sub -rent track
or any portion of it to another organization including, but not limited to, schools, race clubs, race teams,
dealerships, etc. without the express written consent of Pacific Raceways. Pacific Raceways shall have the
right to determine the size, layout and location of each event, including without limitation the contestant pit
area, the display midway, retail sales location, and all other aspects of the facility.
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.
Certain events, att the discretion of Pacific Raceways, may require King County Sheriffs Office for
security/traffic/crowd control and additional medical for standby assistance. Additional fees for safety may
be charged to Lessee.
5. FACILITY HOURS OF OPERATION/NOISE CONSTRAINTS:
No race vehicles may operate before 9:00am or after the curfew listed below. No race vehicles are allowed
on Monday or Tuesday unless it falls on a holiday. VIOLATION MAY LEAD TO THE IMMEDIATE
SUSPENSION OF ACTIVITIES. Facility hours of operation, which are listed below, DO NOT mean
contracted hours provided in Section 20.
September — April
May — August
Wednesday — Sunday
Wednesday
Thursday
Friday
Saturday
Sunday
9:00_a.m. — 5:00 p.m.
9:00 a.m. —10:00 p.m.
9:00 a.m. — 5:00 p.m.
9:00 a.m.—1.1:00 p.m.
9:00 a.m. —11:00 p.m.
9:00 a.m. — 5:00 p.m.
6. NOISE RESTRICTIONS:
It is the responsibility of your organization to enforce current noise restrictions related to your organization's
activities at all events.
7. NEIGHBOR AGREEMENT:
To the extent that its property use or activities at the property are responsible for the below, LESSEE WILL:
A. Maintain proper PA or loud speaker levels
B. Air horns or other audible notifying devices must be pointed away from northern property boundary.
Permission to use these devices must be cleared with Pacific Raceways prior to use.
C. Not allow loud music or partying
D. Strictly observe lawful operating hours
E. 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 running before or after the agreed
hours will be fined $300 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
violations by Lessee, resulting in a loss of revenue, said loss will be assessed to Lessee.
8. WAIVER AND RELEASE FROM LIABILITY AND INDEMNITY AGREEMENT:
LESSEE WILL defend, indemnify and hold harmless RACE TRACK LLC d/b/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 or litigation for which
LESSEE is legally liable (whether 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 and
their undersigned, personal representatives, assigns, heirs and next of kin for any loss or damage, and any
claim or demands therefor, for injury to persons or property or the death of anyone on Pacific Raceways
property occurring during the term of this agreement, unless caused by the negligence or intentional actions
of releasees or third parties over which LESSEE has no control.
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. It is the responsibility of Lessee to
inspect the race track prior to use during all scheduled activities to insure the safety status of the racing
surface, barrier and tire walls and surrounding areas are proper and suitable for intended use.
9. FACILITY USE:
After its use of the property under this agreement, Lessee must return Pacific Raceways property to the same
condition that existed prior to the event or LESSEE shall pay Pacific Raceways to perform any necessary
repair or clean up. Lessee may be charged for any damage it causes to the property.
10. ALTERATIONS:
Prior approval must be obtained before altering the appearance of Pacific Raceways, i.e., placing tires,
painting of any structures or asphalt. Chalk is recommended for any marks on the asphalt. Lessee will be
charged for clean-up or unauthorized altering of the Pacific Raceways facility.
11. SPONSOR APPROVALS:
Pacific Raceways has contractual agreements with several sponsors. To insure no conflicts of interest, prior
written approval from Pacific Raceways is needed for any promotional tie-in or sponsor for your activity.
12. 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 Pacific Raceways' property.
13. ALCOHOL CONTROL:
2
No alcoholic beverages may be brought onto Pacific Raceways' property. Alcohol must be purchased
through Four Horsemen Concessions. If alcohol is sold at Lessee's event, Lessee is expected to abide by
Washington State Liquor Control Board Rules and regulations.
14. CONCESSION:
Four Horsemen Concessions has food and beverage concession — breakfast, lunch, dinner, snacks — and
alcohol sales rights at Pacific Raceways. Prior approval must be obtained before selling or giving away any
food or beverage product.
15. CATERING:
Four Horsemen Concessions is the official caterer of Pacific Raceways and has the exclusive rights to supply
all food and catering during all events. No other caterer is allowed at Pacific Raceway, unless prior agreement
between Lessor and Lessee. Pacific Raceways reserves the right to charge a fee, which is based on the
number of attendees, if the Lessee wants to use another source for food and beverage. A $700 buy-out penalty
may be assessed if Lessee fails to adhere to paragraphs 14 and 15.
16. MERCHANDISE SALES:
It is the responsibility of the Lessee to ensure that all club vendors and/or sponsors selling and/or displaying
merchandise at Pacific Raceways be properly licensed to conduct business in the State of Washington and
King County. Clubs will be responsible to ensure club vendors and sponsors are collecting the appropriate
taxes. Clubs will be responsible to ensure that all club vendors and sponsors submit a certificate of insurance
in accordance with paragraph 1 to Pacific Raceways prior to the club event. Pacific Raceways or its designee
or designees shall have exclusive right to sell or to permit others to sell merchandise items at the facility
during all events.
17. REGISTERED TRADEMARK:
Race Track, LLC, D/b/a Pacific Raceways is the registered trademark for Pacific Raceways, INC. Any use
of the name on souvenir items or unauthorized use is strictly prohibited without prior, approved permission.
Event entry forms, flyers or newsletters, event posters or media promotion for approved or authorized
activities are acceptable (provide Pacific Raceways with a copy of any promotional material). Other such
uses require written approval by Pacific Raceways,
18, CHANGES TO CONTRACT:
This contract constitutes the complete agreement with Pacific Raceways. There are no other verbal
agreements, assumed or implied. An event check list and with the vendor names, phone numbers, prices
and requirements is attached as an addendum to your contract. This contract allows titled group usage of
Pacific Raceways as described for face, 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.
19. RACE SCHEDULE:
Pacific Raceways reserves the right, due to but not limited to regional or national sanctioning body
scheduling, to change any and all race dates prior to March 15, 2021. Only unforeseen adjustments, outside
the control of Pacific Raceways, would apply. Lessee will receive written notice about any changes.
20. RACE DATES AND FEE REQUIREMENTS:
DAY OF WEEK DATE TYPE OF EVENT TIME OF EVENT COST
Monday November 1, 2021 Police Training 24hr $950
Tuesday November 2, 2021
Wednesday November 3, 2021
Friday November 26, 2021
Total track fees: $3,800
Police Training 24hr $950
Police Training 24hr $950
Police Training 24hr $950
TERMS: Payment is due in fall by Monday, October 25, 2021.
21. SECURITY:
Any racers or race organizers staying overnight will need to contact Pacific Raceways for overnight security
a minimum of two weeks prior to the event.
22. OVERNIGHT:
Overnight stays at Pacific Raceways are restricted to participants only and may not impact quiet days
(including Mondays and Tuesdays) or other track rental customers. Furthermore, overnight stays are
restricted to certain areas of Pacific Raceways, per the Raceways' Conditional Use Permit. Overnight stays
must be arranged for in advance with permission from Pacific Raceways. Overnight stays shall include
security (see Section 21).
23. SANITATION:
Pacific Raceways will make permanent restroom facilities and a set number of portable units available. If
additional portable units are needed, Pacific Raceways must receive written notification on your event check
list and may assess a fee to cover the expense of additional portable restrooms.
24. RACE TIRES & FUEL BARRELS:
Lessee will be charged a disposal fee of $50.00 per tire and $100.00 per fuel barrel for any tires or barrels
that are left behind following use at Pacific Raceways. It is the responsibility of Lessee to remove the used
tires and barrels from the Pacific Raceways facility.
25. 011, DISPOSAL:
Lessee assumes all responsibility for participants' oil disposal and chemicals deemed hazardous by the EPA.
Oil (i.e. motor oil, transmission oil, differential oil/gear lube) must be disposed without contaminates in
Racetrack provided receptacles. Coolant, water, fuel and other chemicals must be disposed of separately. A
$500 fine will be imposed per occurrence for illegally disposing of oil with mixed contaminates by
participants. Lessee will be responsible for any clean-up, legal action or fines brought against Pacific
Raceways for illegal disposals.
26. MEDICAL RESPONSE AND AMBULANCE:
Pacific Raceways will provide - at a fee - Basic Life Support (BSL) medical response for all Pacific Raceways
events, unless otherwise notified on the Event Checklist. Arrangements will be made through the Pacific
Raceways office. Payment for the service is due and payable the day of the event. All activities, including
drivers' schools are required to have a standby medical response. Other medical response or
ambulance services may be arranged by Lessee as noted and agreed to on Event Checklist,
27. PA SYSTEM:
Pacific Raceways will provide use of the Control Tower and the use of the PA system at an additional cost.
Lessee accepts all responsibility for the equipment. Volume and directional control of the PA system
including speakers will be at the discretion of Pacific Raceways. See event check list to request for details.
28. PARKING LOTS:
Spectator parking rights will be retained by Pacific Raceways unless prior agreement is trade.
29. SPECTATOR TICKETS/PASSES:
If requested, lessee will provide Pacific Raceways with a maximum of 12 daily or full event spectator passes
to be used at the discretion of Pacific Raceways.
30. EVENT PARTICIPATION
4
Lessee will recognize and honor up to 10 Pacific Raceways Driver's Club Gold Card members at reduced
entry into the event.
31. WAIVERS
Lessee is responsible for having all participants, race officials and workers, and, in some cases, spectators
sign an indemnification waiver. All waivers should be electronic. See the event checklist for a link to the
online waiver.
32. EARLY ENTRY:
Early -entry prior to rental date and time as noted in SECTION 20 is at the sole discretion of Pacific Raceways,
which reserves the right to manage early entry and early pit parking based on its event schedule. Any request
for early entry must be made in advance.
33. SETTLEMENT:
Settlement payment will be invoiced to Lessee. Settlement payment is due upon receipt of invoice,
34. 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 and/or Pacific Raceways,
/0A 7 /Z-,/
Lessee Print Name Lessee Signature
M 15 S+. Sulk- 20t., &irr, I !A 9Q02- 253.931-30W
Lessee Mailing Address Lessee Phone Number
hlY
Lessee Email
— / tol —
Raceways Signature, kCiVe, Date
PACIFIC RACEWAYS
31001 144th AVENUE SE, KENT, WA 98042
Tel: 253-639-5927
John Ramsey, General Manager, johnr@pacificraceways.com
Kim Webster. Administrative Assistant, ldmw@pacificraceways.com