HomeMy WebLinkAboutCAG2023-152 - Original - Pacific Raceways - Track Use Agreement: EVOC/PIT Training - 01/24/2023 FOR CITY OF KENT OFFICIAL USE ONLY
Sup/Mgr:
Agreement Routing Form Dir Asst:
• For Approvals,Signatures and Records Management Dir/Dep:
KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (Optional)
WASHINGTON Sheet forms.
Originator: Department:
Jalene King Police 0
Date Sent: Date Required:
> 03/10/2023
0
Q Authorized to Sign: Date of Council Approval:
QDirector or Designee
Budget Account Number: Grant? Yes ZNo
10002100.64520.3110
Budget?:Yes:No Type: N/A
Vendor Name: Category:
Pacific Raceways Contract Q
Vendor Number: Sub-Category:
= 52407 Original 0
0
Project Name: Track Use Agreement
E
11- Project Details:EVOC/PIT Training
0
Agreement Amount: $3,800 Basis for Selection of Contractor: Direct Negotiation
QJ *Memo to Mayor must be attached
3 Start Date: 1/24/23 Termination Date: 12/31/23
Q Local Business?F—]YesFNo* If meets requirements per KCC3.70.700,pleosecomplete"VendorPurchase-Locol Exceptions"form onCityspoce.
Business License Verification:Yes:In-Process:Exempt(KCC 5.01.045)
Notice required prior to disclosure? Contract Number:
F—]YesFNo CAG2023-152
Comments:
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Date Routed to the City Clerk's Office: 3/1 Q/2 3
adccW22313_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements
rev.20210513
2023 TRACK USE AGREEMENT
PACIFIC RACWAYS TRACK,LLC d/b/a PACIFIC RACEWAYS agrees that Kent 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 showing Pacific Raceways Track LLC,
Pacific Raceways,INC.,Raceway Development Properties,Pacific Raceways Development LLC,J.
Dan Jr.and Barbara Fiorito,JDFJ Corp.,JAV LLC,Jason Fiorito,Andrea Kester,Venessa Fiorito
Schenck,Pleasant Beach Realty LLC,Pleasant Beach Racing LLC,Ron Erickson,and Dia Armenta
as co-insured under your insurance policy is due in this office,no later than 14 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. 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. AUKILIARY 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 dawn,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,cte.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 I=ederal,Slate and County Laws,
ordinances or regulations. Any and all regulations or restrictions by governing.agencies must be adhered
to. Certain events,at 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 0r after the curfew listed below. No race vehicles are allowed
on Monday or Tuesday unless it falls on a holiday. VIOLATION MAY LEAD TO TIME IMMEDIATE
SUSPENSION OF ACTIVITIES. Facility hours of operation;which are listed below,DO NOT mean
contracted hours provided in Section 20.
September—April Wednesday—Sunday 9:00 a.m.—5:00 p.m.
May—August Wednesday 9:00 a.m.—10:00 p.m.
Thursday 9:00 a.m.—5:00 p.m.
Friday 9:00 a.m.—11:00 P.M.
Saturday 9:00 a.m.—11:00 P.M.
Sunday 9:00 a.m.—5:00 P.M.
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6. NOISE RESTRICTIONS:
It is the responsibility of lessee to enforce current noise restrictions at all events.
7, NEIGHBOR AGREEMENT:
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
l. 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 Pac'sfic 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 iNDEiVINITY AGREEMENT:
LESSEE WILL defend,indemnify and hold harmless RACE TRACK LLC,PACIFIC RACEWAYS,INC.,
RACEWAY DEVELOPMENT PROPERTIES,PACIFIC RACEWAYS DEVELOPMENT LLC,J. DAN
JR AND BARBARA FIORITO,JDFJ CORP., JAV LLC,JASON FIORITO,ANDREA KESTER,
VANESSA FIORITO SCHENCK,PLEASANT BEACH REALTY, PLEASANT BEACH RACING LLC,
RON ERICKSON, DIA ARMENTA 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 Raceways,Inc.
from all claims resulting from(whether threatened or real) litigation(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.
LESSEEHSPEBY RELEASE-S WAIVES DISCHARGES AND COVI NANT5 NOT TO SUE the
promoter,participants,racing association,track operator,track owners, land owners,and each of theirs and
their undersigned,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 the 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. it is the responsibility of Lessee to
j inspect the racetrack prior to use during all scheduled activities to ensure the safety status of the
racing surface,barrier and tire walls and surrounding areas are proper and suitable for intended
use.
9. FACILITY USE:
Lessee assumes all responsibility for damage to,or clean-up of:all pit areas,racing surfaces, fences,guard
walls, barriers,buildings,furnishings and other property of Pacific Raceways. I'he facility will be returned
in the same condition that existed prior to the event or shall pay Pacific Raceways to perform any necessary
repair or clean up.Lessee may be charged for any damages that occur.
10. ALTERATIONS:
Prior approval must be obtained before altering the appearance of Pacific Raceways facility or racing
surface,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 riom Pacific Raceways is needed for any promotional tie-in or sponsor for your
activity.
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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:
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 l lorsemen Concessions is the official caterer of Pacific Raceways and has the exclusive tights 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,
ld. MERCHANDISF 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 TRADE itiiARK:
Race'Track,LLC,D]Wa Pacific Raceways is the registered trademark far 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 authori-red
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 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.
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 15,2022. Only unforeseen adjustments, outside
the control of Pacific Raceways,would apply. Lessee will receive written notice about any changes.
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20. RACE DATES AND FEE REQUIREMENTS:
DAY OF WEEK DATE TYPE OF EVENT TIME OF EVENT COST
Monday July 31,2023 Police Training 24 hr $950
Monday August 14,2023 Police Training 24 hr $950
Monday August 28,2023 Police Training 24 hr $950
Tuesday Sept. 5,2023 Police Training 24 hr $950
Total track fees:$3,800
TERMS: Singed contract to reserve dates listed above is due be Feb.20,2023.Payment in full is due
by June 20,2023.
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 Pacilc Raceways are restricted to participants only and may not impact quiet days
(including Mondays and Tuesdays)or other track rental customers. Furthemnore,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. HAZARDOUS MATERIALS
Lessee:is responsible for all hazardous materials brought into the facility by its participants,officials and
spectators and those materials left by its participants, officials,and spectators after the event is concluded.
An Environmental Fee may be charged per participant and,if so,will appear on the Event Checklist.
Oil Disposal:Only non-contaminated oil(orator oil.transmission oil,differential oillgear tube)may
be disposed of in appropriate Racetrack provided recycle receptacles. Oil contaminated with brake clean,
fuel,nitro,aerosols or any other contaminates CANNOT be disposed of at the track. Oil-contaminated rags
and oil filters must be packed-out by participants and CANNOT be disposed of in garbage cans or left
behind. Oil left in containers and not disposed of in Racetrack provided recycle receptacles will be deemed
contaminated and subject to fine. Contaminated oil disposed of in recycle receptacles will be subject to
fine.
Tires: Race tires,slicks,street and trailer tires may NOT be left at the Racetrack and will be subject to
$50 disposal fee per tire.
Fuel Barrels: Fuel barrels—empty or not—may NOT be left at the Racetrack and will be subject to a
$150 disposal fee per barrel.
Batteries: Batteries of a of any kind are NOT to be left behind or thrown away in trash receptacles and
will be subject to a$50 disposal fee per battery.
Race Fuel: Race fuel, including Nitro,may NOT be left at the Racetrack in any container—approved
or not and will be subject to fine,
Solvents,Aerosols,Paints,Other Contaminants: Contaminants of any kind may NOT be left at the
Racetrack in any form and will be subject to fine.
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25. 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.
26. 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. The PA system is NOT to be used prior to
9 a.m.or after evening/night curfew(see Section 5).See event check list to request for details.
27. PARKING LOTS:
Spectator parking rights will be retained by Pacific Raceways unless prior agreement is made.
28. 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 or Pacific Raceways with another 12 daily or full event spectator passes
to be purchased at reduced price.
29. COVID/PANDEMIC REQUIREMENTS:
In the event federal,state,regional or local health and/or government officials place added requirements,
such as but not limited to vaccine checks,health passports,temperature checks,or customer screening on
the Racetrack,Lessee may be responsible for such additional costs.
30. 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. Waivers shall be made available to
Pacific Raceways if requested. See the event checklist for a link to the online waiver.
31. EARLY ENTRY:
> arly 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.
32.SETTLEMENT:
Settlement payment will be invoiced to Lessee. Settlement payment is due upon receipt of invoice.
33. 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
or Pacific Raceways,INC and/or Pacific Raceways.
C� S+e,� R V1.1-
Lessee Print Name Lessee Signature Dale
ILQ u{b A.-,P- S V&-,+- L\rlk S to31— -LS3- $S d- 5816
Lessee Mailing Address Lessee Phone Number
S�e,wa v4-O ke,4-v�w�• o
Lessee L'mail Address
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Paci41keways Signature,Title, fete
PACIFIC RACEWAYS
31001 144th AVENUE SE,KENT,WA 98042
Tel: 253-639-5927
John Ramsey,General Manager,johnr@paciiicrace►vays.com
Kim Webster.Administrative Assistant,kimw@pacificracervays-com
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