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HomeMy WebLinkAboutCAG2023-411 - Original - Pacific Raceways Track LLC - 2023 NHRA Northwest Nationals Event - 07/20/2023 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form DirAsst: • For Approvals,Signatures and Records Management Dir/Dep: KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional) W A S H I N G T O N Sheet forms. (Print on pink or cherry colored paper) Originator: Department: Rhonda Bylin ECD Date Sent: Date Required: c 07/20/2023 7/24/2023 Q Authorized to Sign: Date of Council Approval: Q QMayor or Desig- 16 nee 06/20/2023 Budget Account Numbe Grant? Yes No❑ 13001316.64190.1270 Budget?❑Yes❑No Type: Local 16 Vendor Name: Category Pacific Raceways Track LLC Contract Vendor Number: Sub-Category: in process Original 0 Project Name: 2023 NHRA Northwest Nationals Event 3- Project Details: 0 Series of races and other fun events for fans spread out over a C long weekend in July. c a, Agreement Amountt/1 00 Basis for Selection of Contractor: E *Memo to Mayor must be attached 3- Start Date: 2023 Termination Date: 12/31/2023 Q Local Business? Yes❑No*If meets requirements per KCC 3.70.100,please complete'Vendor Purchose-Local Exceptions"form on Cityspace. Business License Verification: ❑✓ Yes❑In-Process❑Exempt(KCC 5.01.045) ❑Authorized Signer Verified Notice required prior to disclosure? Contract Number: ❑Yes❑No CAG2023-411 Comments: i 3 f0 IM C C a1 Vf � 3 0 cc a, a, cc Date Received:City Attorney: 7/20/23 Date Routed:Mayor's Office City Clerk's Office adccW22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements v ' rev.20221201 ' G f 40 Lodging Tax Grant Agreement Z�, NT VJAS H'hC IUH 1. Parties. This agreement is entered into by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Pacific Raceways Track LLC dba Pacific Raceways, a for profit corporation (hereinafter the "Recipient"), located at 31001 144t" Ave SE Kent, 98042. In consideration of the mutual promises identified herein, the parties agree as follows: 2. Revenue Award and Payment. The City awards lodging tax revenue in the amount of $35,000.00 to Recipient. The City shall issue lodging tax revenue to Recipient on a reimbursement basis. (Notwithstanding the foregoing, the City has the sole discretion to issue lodging tax revenue to the Recipient in a lump sum, in installments, or pursuant to any other reasonable method.) In order to obtain reimbursement, Recipient shall submit an invoice with supporting documentation to the Director of Economic and Community Development. 3. Use of Revenue. Recipient shall use the lodging tax revenue to benefit the City of Kent through: (1) business or leisure tourism marketing; (2) marketing and operations of special events and festivals designed to attract business or leisure travelers; or (3) supporting the operations of tourism-related facilities owned or operated by nonprofit organizations. "Tourism promotion" shall have the meaning set forth in RCW 67.28. RCW 67.28 defines tourism promotion to mean activities, operations, and expenditures designed to increase tourism, including but not limited to: a. advertising, publicizing, or otherwise distributing information for the purpose of attracting and welcoming tourists; b. developing strategies to expand tourism; C. operating tourism promotion agencies; or d. funding the marketing of or the operation of special events and festivals designed to attract tourists. Furthermore, Recipient's tourism promotion activities, operations and expenditures shall be wholly consistent with the program or activities described in Recipient's application for lodging tax revenue, a copy of which is attached hereto, and incorporated by this reference as Exhibit A. If the Recipient's application and this contract conflict, the provisions of this contract shall control. If any grant funds remain unused as of the termination date below, or if Recipient fails, for any reason, including failure in performance due to acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government, to use the lodging tax revenue as required herein or by applicable law, or fails to perform its obligations under this contract, the Recipient shall, upon demand of the City, repay Page 1 of 5 Lodging Tax Grant Agreement the lodging tax revenue to the City. Interest shall accrue at the rate of twelve percent (12%) per year from the time the City demands repayment of the lodging tax revenue, and the City may use any method available to it by law to collect any such funds. 4. Marketing and Promotional Materials. All events and activities funded with lodging tax revenues must list the City of Kent as a sponsor. Recipient will feature either the City of Kent logo and web address (KentWA.gov) on business- related event marketing and promotional materials or the Visit Kent logo and web address (VisitKent.com) if the activity is for leisure or entertainment purposes. Use of City logos and web addresses shall be consistent with City policies and procedures, and such policies and procedures are hereby incorporated into this agreement. Permission for the use of City logos may be revoked at any time by the City and such use shall not exceed the term of this agreement unless expressly permitted by the City. 5. Term and Termination. This contract shall be effective when both parties have executed this contract or on January 1, 2022, whichever is later, and shall terminate once Recipient expends the lodging tax revenue or on December 31, 2023, whichever is earlier. The City may terminate this contract if the Recipient breaches this contract and then fails to cure the breach after the City provides written notice of the breach and allows the Recipient a reasonable opportunity to cure, if such breach is curable. The City may suspend this contract, with or without cause, by providing written notice of suspension to Recipient. 6. Reports and Information. Recipient shall maintain records that fully and accurately reflect any use of the lodging tax revenue and Recipient's tourism promotion activities, operations and expenditures. Recipient, at such times and in such forms as the City may require, including after the cessation of its tourism promotion activities, operations and expenditures, or termination of this contract, shall make available to the City for audit and inspection any and all records that relate to the lodging tax revenue and Recipient's tourism promotion activities, operations and expenditures. Recipient shall maintain accounting records in accordance with generally accepted accounting principles and practices. 7. Independent Contractor. Recipient shall be an independent contractor for all federal, state and other purposes. S. Indemnification. Recipient shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Recipient, except for injuries and damages caused by the sole negligence of the City. 9. Insurance. The recipient shall provide proof of and maintain insurance as defined in Exhibit B which is attached and incorporated by this reference. 10. Notices. Any notices given by the City to Recipient or by Recipient to the Page 2 of 5 Lodging Tax Grant Agreement City shall be in writing and delivered to the other party. 11. Waiver. Failure to insist upon strict compliance with any terms, covenants or conditions of this contract shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be a waiver of any other breach. 12. Applicable Law; Venue. The venue for any legal action arising from this contract shall be King County, Washington, and that this contract shall be governed, construed, and interpreted according to the laws of the State of Washington. 13. Compliance with Laws and Regulations. Recipient shall comply with all applicable laws, rules, regulations, and orders from any and all authorities having jurisdiction. 14. Compliance with the Public Records Act. Recipient acknowledges that the City is subject to the Public Records Act, Chapter 42.56, RCW (the "Act"). All records owned, used, or retained by the City are public records subject to disclosure unless exempt under the Act, whether or not such records are in the possession or control of the City or the Recipient. The Recipient shall cooperate with the City so that the City may comply with all of its obligations under the Act. To ensure the City's compliance, the Recipient shall, within ten (10) days after receipt of notice from the City, deliver to the City copies of all records relating to this Agreement or relating to the Work, which the City determines qualify as the City's public records under the Act. If the City receives a public records request relating to this Agreement or relating to the Work, the City shall seek to provide notice to the Recipient at least ten (10) days before the City releases records pursuant to such public records request, but in no event will the City have any liability to the Recipient for any failure of the City to provide such notice. In addition to its other indemnification and defense obligations under this Agreement, Recipient shall indemnify and defend the City from and against any and all losses, penalties, fines, claims, demands, expenses (including, but not limited to attorney's fees and litigation expenses), suits, judgments, or damage arising from or relating to any failure of Grant Recipient to comply with this section. 15. Discrimination Prohibited. In all Recipient programs, operations or activities, and all hiring and employment made possible, directly, indirectly, by or resulting from this contract, Recipient shall not discriminate against any protected class or on any basis prohibited by federal or state law, including, but not limited to, sex, race, color, creed, religion, national origin, disability, use of a guide dog or service animal by a person with a disability, HIV/AIDS or hepatitis C status, sexual orientation, gender identity, or honorably discharged veteran and military status. 16. Assignment and Subcontract. Accept as noted or identified in Recipient's Hotel/Motel Tax Fund Application, Recipient shall not assign or subcontract any portion of the Service contemplated by this contract without the written consent of the City. 17. Cumulative Remedies. The rights and remedies of each party set Page 3 of 5 Lodging Tax Grant Agreement forth in any provision of this contract are in addition to and do not in any way limit any other rights or remedies afforded to such party by law. 18. Severability. The invalidity or unenforceability of any particular provision of this contract shall not affect the other provisions, and this contract shall be construed as if such invalid or unenforceable provisions were omitted, unless such invalidity or unenforceability destroys the purpose and intent of this contract. 19. Entire Contract; Possible Amendments. This contract contains the entire agreement between the parties and no other agreements, oral or otherwise, regarding the subject matter of this contract, shall be deemed to exist or bind any of the parties. Either party may request changes in the contract. Proposed changes mutually agreed upon will be incorporated by written amendments to this contract. 20. Misuse of Funds for Political Activity. Awarded Lodging Tax Funds may not be used directly or indirectly to further political activity and/or endorse rather than use such funds for their intended purpose. Any such use shall be grounds for immediate termination of this contract and in that event the Recipient hereby agrees to refund all grant funds. 21. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. (Remainder of Page left blank intentionally) Page 4 of 5 Lodging Tax Grant Agreement RECIPIENT: CITY OF KENT: By. By:sC -- (signature) (signature) Print Name: John Ramsey Print Name: Dana Ralph Its 44wA4ent &M Its Mayor _ (title) Date: �`uA,-k 7-to_Z}Z.3 Date: 07/20/2023 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: RECIPIENT: CITY OF KENT: Michelle Wilmot, Economic Development John Ramsey Manager Pacific Raceways, LLC City of Kent 31001 144th Ave SE 220 Fourth Avenue South Kent, WA 98042 Kent, WA 98032 253-639-5927 (telephone) 253-856-5709 (telephone) APPR9YED AS TO FORM: Kent Law Department ATTEST: et4� 9U& Kent City Clerk Page 5 of 5 Lodging Tax Grant Agreement Exhibit A Scope of Work 19. Goals Bullet 1-30 Word Limit 1. Increase ticket sales from out-of-market spectators and participants through social media, digital advertising and newsletter stories and features resulting in a larger pool of people to shop and stay in Kent. 2. Increase exposure for City of Kent hotels, restaurants and entertainment venues to thousands of fans and participants who attend the NHRA Northwest Nationals and other track events bringing customers to Kent businesses. 3. Promote the City of Kent- its brand and partners-on a regional and national stage through strategically- placed signage that is featured on live network and same-day-coverage national cable television and the 300,000 people who visit the Raceway annually. Bullet 2-30 Word Limit Target emails and newsletter content to out-of-area 2022 ticket holders and 2023 renewal customers. Use geo-fencing to target social media messages to fans and participants outside 50-mile radius of Kent. Bullet 3-30 Word Limit Promote Kent hotels, restaurants, and entertainment venues through a specific webpage that is used by race fans and participants. Promote discount travel packages and event tickets to select hotels and businesses. Bullet 4-30 Word Limit Promote the City of Kent,the Kent Valley brand,and Kent partners to a national television audience and fans who attend events through signage and other display opportunities such as event booth space. Bullet 5-30 Word Limit Not answered 20. Outcomes / Deliverables Bullet 1-30 Word Limit 1. Increase ticket sales to fans who live more than 50 miles from the Raceway. 2. Develop web page featuring Kent hotels, restaurants and entertainment venues. Offer select businesses a special Kent NHRA Northwest Nationals discount ticket. 3. Deliver the City a 2x return on investment. Bullet 2-30 Word Limit Increase the number of fans who will enjoy the Kent experience as measured by Paciolan ticketing report of out-of-area advance ticket buyers. Bullet 3-30 Word Limit Build website and social media traffic to Kent hotels, restaurants and entertainment venues that are tracked through website analytics and through the number of special rate coupons received. Bullet 4-30 Word Limit P ovide the City with a measurable report from Nielsen/Sport 24 on duration, number of viewers and the value of v ewers who watch the race on Network and cable television 21. Estimated Completion Date Bullet 1-30 Word Limit 1.Targeted emails,social media and newsletters to run from start of agreement through event date-July 21-23. 2. Promotion of Kent businesses on website and special ticketing discount to begin at start of agreement through the event date-July 21-23. 3.Signage space to be secured on approval of contract, signs to be produced by the City of Kent, and will be installed by Raceway for all events and measured for TV value during NHRA Northwest Nationals. Additional marketing/booth space to be provided during Northwest Nationals weekend. 22. Success Measures Bullet 1-30 Word Limit 1.An increase of 10%from baseline measures of 2022 for five out-of-area advance ticket sales. 2.An increase of 15% For April -October from baseline measures of 2022 website metrics for Hotel/Stay tab of Pacific Raceways website. 3.Two times the return on total investment from Lodging Tax Grant in branding for City of Kent. Bullet 2-30 Word Limit Measurement Metrics: Out-of-state 2,022 baseline = 1,482; Southwest Washington baseline = 669; Eastern Washington baseline= 1,253; NW Washington baseline = 656; all other zips out of 50-mile radius = 606 Bullet 3-30 Word Limit Bullet 2 Measurement Metrics: Hotel/Stay webpage traffic baseline measurement April 2022 -October I 2022 = 1,331 page views 11 Bullet 3 Measurement Metrics: $50,000 Lodging Tax Grant = $100,000 in local, regional and national branding based on Nielsen/Sport 24 metrics 23. Outline the timeline and milestones for project completion into a list. Include dates and expectations for key activities. 250 Word Limit April 17- May 12: Raceway works with local businesses for promotional content and discount ticket packages May 15: Website promotional pages to be completed May 15, June 15,July 15: Newsletter distributed promoting Kent businesses, partners, and brand June 1: Social media campaign and geo-fencing targeting thousands of additional fans June 1: Paid advertising of event begins July 21-23: Event date August- November: Metrics and analytics compiled and reported to determine success 24. What is the projected overall attendance at your proposed event/activity? 10 Word Limit, number or 27,000 paid and 5,000 credentials range acceptable 25. What is the projected number of attendees who will stay in Kent overnight in paid accommodations? Projected to fill Kent hotels 26. Additional Forms These forms are required for contracting purposes. To expedite the process, please submit the following forms to LTAC@KentWA.gov: • Vendor Form for Grant Recipient (PDF) • Form W-9 (PDF) • Copy of Current Insurance Certificate. While not required at time of application,grant awardees must obtain levels of insurance prescribed in Insurance Requirements for LTAC Grant Agreement (PDF) You may also submit any supporting documentation (presentations, reports, links, etc) to LTAC(@KentWA.eov. Be sure to note the name of your organization and activity/project referenced in your application in the email subject line. Keep the size of each email,with attachments,to less than 10 MB. EXHIBIT B INSURANCE REQUIREMENTS FOR LTAC GRANT AGREEMENT Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional Insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect to the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. Exhibit B - 1 Lodging Tax Grant Agreement E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. Exhibit B - 2 PACIRAC-01 JTULIPANI '4coRo CERTIFICATE OF LIABILITY INSURANCE DAT/18/2DIYYYY) 718/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Hub International Northwest LLC PHONE FAx PO Box 3018 (A/C,No,Ext): (425)489-4500 (A/c,No):(425)485-8489 Bothell,WA 98041 ApDRIE :now.info hubinternational.com INSURERS AFFORDING COVERAGE NAIC# INSURER A:Lexington Insurance Company 19437 INSURED INSURER B:New Hampshire Insurance Company 23841 Pacific Raceways Track LLC dba Pacific Raceways INSURER C:National Union Fire Insurance Company of Pittsburgh,PA 19445 31001 144th Ave.SE INSURER D: Kent,WA 98042 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR IN SD WVD MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR 41-LX-089476908-0 3/12/2023 3/12/2024 DAMAGE TO RENTED 1,000,000 X PREMISES Ea occurrence $ MED EXP(Any oneperson) $ PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 5,000,000 X POLICY JEPROC LOC PRODUCTS-COMP/OP AGG $ 5,000,000 OTHER: $ B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ ANY AUTO 01-CA-044250310-0 3/12/2023 3/12/2024 BODILY INJURY Perperson) $ X OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ C UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,000 X EXCESS LIAB CLAIMS-MADE 29-UD-019920060-0 3/12/2023 3/12/2024 AGGREGATE $ 4,000,000 DED I X I RETENTION$ 0 $ A WORKERS COMPENSATION PER X OTH- AND EMPLOYERS'LIABILITY Y/N 41-LX-089476908-0 3/12/2023 3/12/2024 TAT TE ER 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Kent is included as additional insured where required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y ACCORDANCE WITH THE POLICY PROVISIONS. 220 4th Ave South Kent,WA 98032 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): RACING VEHICLE OWNERS, RACING VEHICLE DRIVERS, AND RACING VEHICLE CREW MEMBERS PERSONS OR ORGANIZATIONS (OTHER THAN DRIVERS, CREW MEMBERS, RACING VEHICLE OWNERS, SPONSORS, VOLUNTEERS, OR MANAGERS OR LESSORS OF PREMISES) IF REQUIRED BY CONTRACT ANY PERSON OR ORGANIZATION SPONSORING YOUR ACTIVITIES OR EVENTS ANY PERSON OR ORGANIZATION SPONSORING RACING VEHICLES OR SPONSORING RACING VEHICLE DRIVERS ANY MANAGERS OR LESSORS OF THE PREMISES LESSOR OF LEASED EQUIPMENT IN WHOLE OR IN PART BY YOUR MAINTENANCE, OPERATION OR USE OF EQUIPMENT LEASED TO YOU BY SUCH PERSON(S) OR ORGANIZATION(S) Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only with Section III - Limits Of Insurance: respect to liability for "bodily injury", "property If coverage provided to the additional insured is damage" or "personal and advertising injury" required by a contract or agreement, the most we caused, in whole or in part, by your acts or will pay on behalf of the additional insured is the omissions or the acts or omissions of those acting amount of insurance: on your behalf: 1. Required by the contract or agreement; or 1. In the performance of your ongoing operations; 2. Available under the applicable Limits of or Insurance shown in the Declarations; 2. In connection with your premises owned by or rented to you. whichever is less. However: This endorsement shall not increase the applicable 1. The insurance afforded to such additional Limits of Insurance shown in the Declarations. insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG20260413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): National Hot Rod Association (NHRA), It's Partners, Owned Tracks And Operators, All Affiliated, Allied And Subsidiary Companies And Collectively, Their Directors, Officers, Shareholders, Employees And Agents parent, affiliated, allied, related and subsidiary companies, and their respective shareholders, members, directors, officers, employees, agents, successors and assigns. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to 2. If coverage provided to the additional insured is include as an additional insured the person(s) or required by a contract or agreement, the organization(s) shown in the Schedule, but only insurance afforded to such additional insured with respect to liability for "bodily injury", "property will not be broader than that which you are damage" or "personal and advertising injury" required by the contract or agreement to caused, in whole or in part, by your acts or provide for such additional insured. omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and CG 20 26 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 2 B. With respect to the insurance afforded to these additional insureds, the following is added to Section III—Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 ©ISO Properties, Inc., 2004 CG 20 28 07 04 ❑