HomeMy WebLinkAbout1986-308
.,.--
1
RESOLUTION NO. 86-308
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH NETWORK ENTERPRISES, INC.,
3 RELATING TO THE STAGING OF A $1,000,000 CHAMPIONSHIP DRAG RACE IN
THE CITY OF SAN BERNARDINO.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The Mayor of the City of San Bernardino is hereby
7 authorized and directed to execute on behalf of said City an
8 Agreement with Network Enterprises, Inc., relating to the staging
9 of a $1,000,000 championship drag race in the City of San
10 Bernardino, a copy of which is attached hereto, marked Exhibit nAn
11 and incorporated herein by reference as fully as though set forth
12 at length.
13 I HEREBY CERTIFY that the foregoing resolution was duly
14 adopted by the Mayor and Common Council of the City of San
regular
meeting thereof, held on
15 Bernardino at a
day of
, 1986, by the following vote,
16 the 4th
August
17 to wit:
18
19
20
21
22
23
24
25 of
26
AYES:
Council Members Estrada-L- Reilly, Hernandez. Marks,
Frazier, Strickler
NAYS:
None
ABSENT:
Council Member Ouiel
.... ~'"
,~ //
../JJ?7~/#;:Z>'<f:/::A;~l/::j
/ City Clerk
The foregoing resolution i~~erebY
5th
day
August
)i:::::'
;;'
if
^
Mayor 0
, 1986.
/V'
ernardino
Approved as to form:
:: ~~JiIP~
City ttorney
1
!~~
VJ'U!A,.-e~/ h~
~
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
A G R E E MEN T
MILLION DOLLAR RACE
THIS AGREEMENT is made and entered intc, in duplicate, this
day of
, 1986, by and between NETWORK ENTERPRISES,
INC., a Nevada corporation located at 3305 W. Spring Mountain
Road, Las Vegas, Nevada 89102, ("NETWORK,") and the CITY OF SAN
BERNARDINO, a municipal corporation and charter city of the State
of California, ("CITY").
RECITALS
1. Network has been granted a sanction by the International
Hot Rod Association ("IHRA") for the staging of a $1,000,000
championship drag race ("Event") currently scheduled to be held
on Sunday, November 2, 1986.
2. Network desires to be granted the right to stage said
Event on Arrowhead Avenue, South of Mill Street to Orange Show
Road, in the City of San Bernardino.
3. The event, as contemplated by the parties, would give
favorable publicity and advertising of the advantages and
opportunities of the City of San Bernardino, and such publicity
will be regional and national in scope.
4. The staging of this event will enhance the City's
growing image and draw attention to its downtown improvements.
5. City is willing to permit Network to stage a drag
race in 1986 and for a period of nine (9) additional years.
NOW THEREFORE, in consideration of the mutual terms and
conditions hereinafter set forth, it is agreed as follows:
1. EVENT. City hereby authorizes Network to conduct a drag
race ("Event") as described within Exhibit "A", attached hereto
1
1 and incorporated herein by reference. Network may upon approval
2 of Mayor and Common Councilor their designee, add other
3 activities to Exhibit "A"; such approval shall not be
4 unreasonably witheld.
5
a. It is understood and agreed that the authorization
6 includes the right on the part of Network to, at its sole cost
7 and expense, apply for, operate, and/or give licenses for the
8 operation of, all concessions, merchandising elements and
9 catering operations at the race site as described in "Exhibit
10 "B", in regard to the event authorized under the provisions of
11 this agreement for the purpose of selling admission tickets,
12 product/merchandise sponsorships, souvenir programs, advertising
13 rights, event souvenirs, radio/television broadcast licenses,
14 food and beverages normally associated with a large crowd event.
15
b. Notwithstanding anything to the contrary appearing
16 in this section, the Network and any of its" officers, employees,
17 agents, concessionaires, licensees, or other persons firm or
18 entities acting under the permission and authority granted by
19 this section, shall obtain a city business license and such other
20 permits as may be required by the City and governmental and
21 utility agencies having jurisdiction.
The governmental agency
22 having jurisdiction including without limitation, any department
23 of the city shall not be required to determine whether an
24 applicant for a city business license or other permit, shall have
25 first obtained the Network's permission and consent prior to
26 issuing a business license or permit.
27 2. WHEN.
28
a. Event shall be staged on Sunday, November 2, 1986,
2
1 and shall be held each year thereafter for a period of nine
2 additional years. Future events will be scheduled on or about
3 the first weekend in November or as needed to be staged the week
4 following the NHRA drag race season ending "World Championship"
5 at Pomona, California.
6 b. Network shall not assign this agreement, or any part
7 thereof, without the prior written approval of the city, such
8 approval shall not be unreasonably withheld. Notwithstanding
9 anything to the contrary herein, all terms and conditions of this
10 agreement shall be binding upon any and all assigned parties.
11 c. City agrees not to develop, solicit, obtain, hold or
12 stage, or allow the holding or staging, of any similar activity,
13 in whole or in part, in the City of San Bernardino, within a
14 period of sixty (60) calendar days before and after the Event.
15 3. WHERE. Unless otherwise moved to another mutually
16 agreeable location, the Event's race course shall be Arrowhead
17 Avenue between Mill Street and Orange Show Road, in the City of
18 San Bernardino. If the future development of the National Orange
19 Show Grounds prevents the Event being held on Arrowhead, the site
20 shall be relocated to another mutually agreeable location in the
21 City.
22 4. NETWORK DUTIES AND RESPONSIBILITIES:
23 a. Network agrees that in its operation and promotion of
24 said Event, that such promotion and operations of Network shall
25 provide a quality of service commensurate with and equal to an
26 NHRA or IHRA sanctioned event of comparable nature.
27 (1) Network shall use its best efforts to, at all
28
3
1 times, promote and publicize the City of San Bernardino by
2 including the City name and Seal or name and logo on all
3 promction, publicity and advertising ~aterials, Event clothing,
4 products, vehicles and services worn, sold, displayed and/or used
5 by Event contestants, staff and sponsors.
6 (2) Network shall develop and submit to the
7 Mayor and Common Councilor their designee for approval of the
8 extent of promotion of City, Network's marketing plan for the
9 upcoming race stating in reasonable detail, the manner in which
10 Network's marketing plan and conduct of the race will publicize
11 the city. In developing its marketing ~lan, Network shall
12 consult with the city's representatives or consultants designated
13 by the City Administrator; Network shall coordinate its planning
14 and marketing activities with such persons or entities. Network
15 shall further cooperate with the City, its operators, contractors
16 and lessees to ensure that said Event is co~ducted with minimum
17 interference to other City operations.
18 (3) Network and its licensees and concessionaires
19 shall at all times in the promotion of the events contemplated
20 under this agreement, and their operations in regard thereto,
21 comply with all laws, ordinances and regulations applicable
22 thereto, enacted or promulgated by federal, state, city or other
23 governmental bodies or departments or officers thereof, including
24 the City Charter, Municipal Code of the City of San Bernardino,
25 and directives of the Mayor of the City.
26 b. In the performance of this agreement Network
27 and/or its licensees and concessionaires, shall not discriminate
28 4
1 against any employee or applicant for employment because of sex,
2 age, race, color, religion, ancestry or national origin. Parties
3 will take affirmative action to ensure that applicants are
4 employed, and that employees are treated during employment,
5 without regard to their sex, age, race, color, religion, ancestry
6 or national origin. Such action shall include, but not be
7 limited to, the following: employment, upgrading, demotion or
8 transfer, recruitment or recruitment advertising, layoff or
9 termination, rates of payor other forms of compensation. City
10 shall have the right at all reasonable times, so long as it does
11 not unreasonably interfere with the operations of Network, to
12 make whatever inspections City deems reasonably necessary to
13 determine whether Network is complying with the terms and
14 conditions of this agreement. Network agrees to provide the City
15 with reasonable access to its operations for such inspection
16 purposes.
17 c. Network shall obtain at its sole cost and expense, or
18 cause to be obtained, and maintain in full force and effect
19 throughout the terms hereof, all necessary and required licenses,
20 insurance coverage, permits and authorizations to stage said
21 Event.
22 (1) Network shall obtain and keep in force at
23 all times during the staging of said Event and subsequent Events,
24 a policy of public liability and property damage insurance,
25 providing comprehensive general liability and race event
26 coverage, protecting City, its officers and employees, against
27 any and all liability due to the death, injury, loss or damage to
28
5
1 persons or property arising out of, or in any way incident to
2 Network's operations. The policy of insurance shall contain a
3 minimum combination single limit of $5,000,000 for each
4 occurrence and/or each accident or incident giving rise to
5 Network or City liability. City shall be named in said policy as
6 an additional insured. A certificate evidencing such insurance
7 coverage as is provided for herein shall be filed with the Risk
8 Management Division at least thirty (30) days prior to
9 commencement of any operation under this agreement, and such
10 certificate shall provide that such insurance coverage shall not
11 be canceled without at least thirty (30) days prior written
12 notice to City. At least thirty (30) days prior to the
13 expiration of any such policy, a certificate showing that such
14 insurance coverage has been renewed shall be filed with the City
15 Clerk.
16 (2) Network shall defend and indemnify, hold,
17 protect, and save the City and its officers, employees, and
18 agents harmless from and against any and all actions, suits,
19 proceedings, claims and demands, loss, liens, cost, expense, and
20 liability of any kind or nature whatsoever ("claims") for injury
21 to or death of persons including participants in event or dam ag e
22 to property, including property owned by the City and from all
23 other claims whether in equity or in law which may be brought,
24 made, filed against, imposed upon, or sustained by the city, its
25 officers or employees and that may in whole or in part arise from
26 or be attributable to or be caused by directly or indirectly by
27
28
(i) any act or ommission of Network, its officers, agents,
6
1 empolyees, contractors, patrons, licensees, or invitees, (ii) any
2 violation of law, ordinance or governmental order of any kind
3 (iii) the performance by Network, its officers, agents,
4 employees, licensees or contractors, of any act under this
5 agreement, except for claims attributable to the sole negligence
6 of the City. With respect to any such claim, suit or demand, the
7 City shall notify and tender to Network the defense thereof,
8 and shall cooperate with Network in aiding its defense thereof.
9 Network shall resist and defend any such claim, action, suit or
10 demand and shall conduct or have conducted the necessary
11 investigations and adjusting related thereto. Payment by the
12 City of any claim shall not be a condition precedent to recovery
13 under this indemnification.
14 (3) Network shall pay prior to delinquency all
15 lawful taxes, assessment, other governmental or district charges
16 that may be levied upon its property and th~ interest created by
17 this agreement.
18 (4) Network shall require Event participants,
19 contestants, employees, agents, contracted parties and/or Event
20 sponsors to sign a Release and Waiver of Liability and
21 Indemnification Agreement, a copy of which is attached, marked
22 Exhibi t "Do, and incorporated herein by ref erence. Said form
23 shall state that the signing party assumes full responsibility
24 and liability for his/her corporation, company, organization
25 and/or personal acts and/or omissions and further releases and
26 holds the City harmless for any and all causes of action that may
27 arise as a direct or indirect result of said Event.
28
7
1
d. Network shall at its own expense, be permitted to
2 erect, when authorized by City, bleacher-type seating on both
3 sides of Arrowhead Avenue, between Mill Street and Orange Show
4 Road, on any City owned or controlled property and/or on any
5 property that Network has obtained written permission from the
6 lawful owners or agents thereof. Bleachers shall be comparable
7 in quality, design and meet all safety standards as those
8 normally used at NHRA or IHRA sanctioned events. Location of all
9 bleachers on City property must be approved by the City.
10 (1) Bleacher supplier shall be required to carry
11 liability insurance in the amount of $1,000,000 covering loss or
12 damage to persons and property resulting from inferior or
13 defective design, manufacturing or installation. Bleacher
14 supplier shall provide Network and the Risk Management Division
15 of the City with a certificate of insurance upon which Network
16 and City shall be listed as additional insureds. Regarding said
17 bleachers, City shall waive any permit and inspection fees.
18 (2) Network shall promptly remove all bleachers,
19 safety devices and any other equipment and apparatus utilized
20 with regard to any event to which this agreement applies, Network
21 shall restore all City streets and facilities to the condition
22 such streets and facilities were in prior to the event within
23 forty-eight (48) hours.
24 e. At the expiration of the term of this agreement, or
25 the sooner termination hereof according to the provisions of this
26 agreement, Network shall, to City's satisfaction, restore all
27 premises to their original condition, insofar as possible.
28 8
1 f. Unless otherwise indicated herein, Network shall, at
2 its own expense, provide all equipment, materials and staff
3 necessary to safely stage said event including the use of
4 professional and experienced personnel who are familiar with
5 staging drag races and/or Events of this nature.
6 g. Network shall design, construct, or cause to be
7 constructed, and install all necessary Event amenities and safety
8 devices in accordance with the plans approved by the contracted
9 sanctioning body, which may be necessary to create a proper race
10 course, together with any and all supporting services. Said
11 design shall be reviewed by the City Engineer and Superintendent
12 of Building and Safety. Network understands that the City, in
13 providir.g labor and equipment for installation and removal of
14 safety barricades, safety fencing, the timing tower and any other
15 devices or systems in connection with the Event, shall not be
16 liable for any damage to such barricades, f~ncing, devices, and
17 systems. It is further understood that the City shall be held
18 harmless by Network in providing such labor and equipment under
19 paragraphs 4. c. (1) and (2).
20 h. Network shall not assign this agreement nor any
21 interest therein, or permit the transfer thereof by operation of
22 law or otherwise, without first obtaining the written consent of
23 the City expressed in writing. Any attempt to transfer or assign
24 without such consent shall not create any right whatsoever in the
25 transferee or assignee.
26 In the event Network shall be bankrupt, insolvent, or subject to
27 a receivership, the City may at its discretion terminate this
28 9
l
1 agreement without further notice.
2
i. Network acknowledges that the City will incur
3 expenses in maintaining that portion of Arrowhead Avenue used for
4 the Event, and agrees, commencing with the third year's race, to
5 pay to the City $72,000 on an annual basis. Said amount shall be
6 adjusted yearly for future construction costs and will be
7 deposited in a sinking fund for continued maintenance of that
8 portion of Arrowhead Avenue used as the race course.
9 5. CITY DUTIES AND RESPONSIBILITIES
10
a. City shall make available to Network those public
11 streets and property so situated so as to be part of the Event
12 shown on Exhibit "B", attached hereto and incorporated herein by
13 reference. Said streets and property shall be made available to
14 Network on a basis which is mutually agreeable to City and to
15 Network, said streets shall be available to Network no later than
16 5:00 p.m. on the day prior to the Event dat~ and continuously
17 thereafter, until 6:00 a.m. of the day following said Event.
18
(1) City agrees to construct or cause to be
19 constructed the necessary street and surface improvements on
20 Arrowhead Avenue between Mill Street and Orange Show Road as to
21 allow event to be safely staged. Said improvements shall include
22 but not be limited to providing a f.lat, smooth and clean street
23 surface, free from holes or obstructions which might otherwise
24 cause it to be unsafe for drag race competition.
25
b. City shall provide labor and equipment, as set forth
26 in Exhibit "c" attached hereto, and incorporated by reference as
27 though fully set forth herein.
28
c. In consideration for the advertising and promotional
29 support given by Even~ sponsor~, they, for the term of their
10
1 participation in said Event, shall be deemed and given
2 recognition as an "Official Product" and/or "Official Service" of
3 the City of San Bernardino.
4 (1) Similar to the 1984 Olympics, Long Beach Grand
5 Prix and other City supported sports events, this "Official"
6 identification is a limited license right that permits Event
7 organizers and sponsors to identify the Event and approved
8 products or services with the City of San Bernardino and tte
9 City's hosting the event. "Official" product or service
10 designation shall not be construed as an endorsement or
11 expressing specific preference of any product or service, nor
12 shall it obligate the City to promote, publicize, advertise,
13 purchase or use same.
14 6. GENERAL TERMS AND CONDITIONS
15 a. Any waiver by either party of any breach by either
16 party of anyone or more of the covenants, conditions or
17 provisions of this agreement shall not be construed to be a
18 waiver of any subsequent or other breach of the same or any
19 covenant, condition or provisions of this agreement, nor shall
20 any failure of any party to require or exact full and complete
21 compliance with any of the covenants, conditions or provisions of
22 this agreement be construed i~ any manner changing the terms
23 hereof or to prevent either party from enforcing the full
24 provision hereof, nor shall the terms of this agreement be
25 changed or altered in any manner whatsoever other than by written
26 agreement of the City and Network.
27 b. Should either party, at any time during the term of
28
1 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
this agreement, or any extension thereof, be in default in any
term, provision or covenant of this agreement, and fail to remedy
such default within fifteen (15) days after written notice, then
if such default is not cured, either party may, at its option,
terminate this agreement by giving the other party written notice
of its election to terminate this agreement at least fifteen (15)
days prior to said date of termination.
c. Any and all notices to be given to either party under
this agreement or required by law to be served upon the other may
be given or served by certified or registered letter addressed to
the proper party at the address herein set forth, deposited in
the U.S. Mail with postage prepaid. Any notice or notices given
shall be addressed as follows:
(1) City of San Bernardino, Attn: City
Administrator, City Hall, 300 North "D" Street, San Bernardino
California, 92401; and
(2) Network Enterprises, Inc., 3305 W. Spring
Mountain Road, Suite #60, Las Vegas, Nevada, 89102 and c/o Wacy
Armstrong, Armstrong Law Building, 824 East Highland Avenue, San
Bernardino, California 92404.
d. City acknowledges that Event, its name, along with
related logos, marks, designs, renderings, forms, concepts, etc.
are exclusive properties of Network and that any use,
publication, advertisement, promotion, assignment, telecast,
broadcast or reproduction, without Network's expressed written
consent is strictly prohibited.
(1) Network grants to City a limited license to use
12
I Event logos, marks, designs and photographs of Event staff,
2 contestants and guests for publicity purposes in any not-for-sale
3 brochure or non-conflicting publication, provided such use is
4 permitted by Network, such permission shall not be unreasonably
5 witheld.
6 e. Time is of the essence of each provision of this
7 agreement.
8 f. Nothing contained in this agreement shall be
9 construed as a limitation upon the powers of the City as a
10 charter City of the state of California.
11 g. This agreement shall be construed and interpreted in
12 accordance with the laws of the state of California. Network
13 covenants and agrees to submit to the personal jurisdiction of
14 any state court in the state of California, for any dispute,
15 claim, or matter arising out of or related hereto, the venue for
16 initiation of any litigation shall be in the state courts located
17 in the City of San Bernardino.
18 h. If either party commences an action against the other
19 party arising out of or in connection with this agreement, the
20 prevailing party shall be entitled to an award of reasonable
21 attorney fees and cost of suit from the losing party.
22 i. Network at its cost, shall at all times in the
23 performance of its obligation under this agreement, comply in all
24 material respects with all applicable laws ordinances and
25 regulations of Federal State and local governmental entities, hav
26 jurisdiction, and obtain all required permits.
27
28 13
I
j. The effective of this agreement shall be the date of
2 execution hereof, by the Mayor of the City.
3 IN WITNESS WHEREOF, the parties hereto have caused these
4 presents to be duly executed with all the formalities required by
5 law on the respective dates set forth opposite their signatures.
6 parties are further instructed to initial each an every page of
7 this document, Exhibit pages and any corrections.
8 NETWORK ENTERPRISES, INC.
9
10
11
12
13
14
15
16
17
18
19
20 ATTEST:
, 1986
By:
Title:
and
CITY OF SAN BERNARDINO
By:
, 1986
Title:
Mayor
21
22 City Clerk
23 Approved as to form:
24
.--;#. . '. 'l. t.-7)
/C'?:tj;etU /-7'</ .;./..}~t-t{~{:.~_.
25 City Attorney
26
27
28
14
EXHIBIT "A"
MILLION DOLLAR MILE
A. THE OBJECTIVE
CREATE A UNIQUE, EXCITING, ANNUAL, SOUTHERN CALIFORNIA MOTOR
SPORTS "HAPPENING" TO:
1. Allow sponsors and host City to favorably and cost-
effectively showcase, promote, publicize, market, sample and
advertise their products and services;
Attract spectator, participant, consumer and multi-media
interest;
Promote a holiday season awareness regarding:
* Drunk Driving;
* Drug/Alcohol abuse;
* Seat belt safety.
Provide a variety of entertainment opportunities leading up
to a "Rocky-type" finale!
THE SOLUTION begins when professional race drivers compete
against public amateur unknowns in an incredible "winner-take-
all" drag race. Second place is a memorable experience ... first
place means motorsports fame - plus $1-Million Dollars!
The solution continues as annual marketing plans allow for the
addition of a:
* Consumer trade show of automotive "after-market" parts and
service.
* Southern California Ford Dealers Association hosted new
car/truck showcase plus the nations largest year-end new
car/truck clearance sale;
* Antique/vintage showcase of Ford cars and trucks;
* Sponsor/client hospitality festival;
* Local/regional/national TV/radio broadcast; and
* Added spectator events: BMX, speedway, motocross,
midget/stock car races, 60's theme concert, etc.
B. HOW THE DRAG RACE WORKS?
The $1,000,000 drag race takes place on a 1/4 mile closed public
street adjacent the National Orange Show Fairgrounds in San
1
Bernardino, California.
Competition is open to:
(1) Professional drag race drivers who compete in dragsters,
funny cars, alcohol or gas category automobiles; an
(2) Sixteen (16) amateur non-professional drivers of new
Ford Mustangs.
Note: The Ford Mustang "Rocky of the Roadff hopefuls are
competing because they won an event sponsor's sweepstakes, sales
or employee relations promotion. Rules require they be licensed
adult drivers, pass physical examinations and a special SCTA
driving school.
Race-day activities begin with qualifying events and although the
side-by-side pass down the drag strip creates a good visual
effect for the spectators, it's the fastest per category finish-
time that determines who advances ...
MILLION DOLLAR MILE'S special handicap system, for the first time
ever, allows category champions to race other category champions
and to select an overall ffpro" "Top Eliminatorff!
The final race is between the professional "Top Eliminatorff and
the fastest amateur Ford Mustang driver.
Sports history is made and the "Rocky" dream comes true ... when
the overall event winner claims the largest award in drag race
history - $1,000,000!
C. HANDICAP STARTING SYSTEM
The time it takes to complete the 1/4 mile course is the driver's
elapsed time or "ET". A driver's fastest ET becomes his/her
handicap time. During elimination races, the difference between
one driver's handicap time and' another determines how much sooner
the slower car/driver may start.
D. WHERE?
San Bernardino, California (Arrowhead Avenue, between Mill Street
and Orange Show Road - adjacent the National Orange Show
Fairgrounds).
E. WHEN?
Taking advantage of drivers, sponsors and media already being in
the area, this year's MILLION DOLLAR MILE is Sunday, November 02,
1986 - the weekend following the season ending NHRA World Finals
at Pomona, California. Rain would postpone the event to the
following weekend - until staged.
2
F. ADVERTISING SUPPORT
Westinghouse Beverage Group (Seven-Up) has committed a 3rd
quarter advertising - sales promotion budget which includes a
consumer sweepstakes, instore displays, print and electronic
media advertising covering Visalia, California, south to San
Diego and East to Nevada.
This represents an estimated:
* 6,000 supermarkets, grocery and convenience stores plus event
details will be featured on approximately -
* 140,000,000 7-Up cans!
The Ford Dealers Association of Southern California
supplies-and services all event vehicles ...
G. TELEVISION/RADIO EXPOSURE
We've already received broadcast interest from ABC, CBS, NBC and
ESPN. A local Southern California telecast and live radio
broadcast is also being considered.
3
EXHIBIT "B"
Discription of Race Site:
The race site consists of Arrowhead Avenue between Mill and
Orange Show Road, and the contiguous property on the east and
west side of Arrowhead, owned and under the control of the
National Orange Show.
EXHIBIT "c"
Labor and equipment provided by City in connection with staging
the race event.
The City shall provide labor and equipment for the following
task:
POLICE DEPARTMENT:
Provide Security and traffic control.
FIRE DEPARTMENT:
Provide a combined fire-paramedic unit on the day of the
event and personnel to monitor fire safety of bleachers.
PUBLIC BUILDING DIVISION:
Provide a Garland Crane or Polecat and an operator, for use
in setting up and/or taking down any equipment used in
conjunction with said event including safety barricades,
safety fencing, timing tower and 'lights, public address
system, mobile command post, start/finish bridges, electronic
message board, etc.
PURCHASING DEPARTMENT:
Provide a fork lift and an operator, to assist in the tasks
set out under Public Buildings Division.
PUBLIC SERVICES DEPARTMENT:
Provide 3 yard trash containers for bleacher areas.
1 RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT
2 IN CONSIDERATION of being permitted to enter for any purpose
3 any Million Dollar Drag Race area, walkways, concessions and othe
4 areas appurtenant to any area where any activity related to the
5 race shall take place, or being permitted to compete, officiate,
6 observe, work for, or for any purpose participate in any way in
7 the race, EACH OF THE UNDERSIGNED, (male or female) for himself,
8 his personal representatives, heirs, and next of kin,
9 acknowledges, agrees and represents that he has, or will
10 immediately upon entering any such area, and will continuously
11 thereafter, inspect such areas and all portions thereof which he
12 enters and with which he comes in contact, and he does further
13 warrant that his entry upon such areas and his participation, if
14 any, in the race CONSTITUTES AN ACKNOWLEDGMENT THAT HE HAS
15 INSPECTED SUCH AREAS and that he finds AND ACCEPTS THE SAME AS
16 BEING SAFE and reasonably suited for the purposes of his use, and
17 he further agrees and warrants that if at any time, he is in or
18 about such areas and he feels anything to be unsafe, he will
19 immediately advise the officials of such and will leave the area.
20 1. HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO
21 SUE Network, City of San Bernardino, Economic Development
22 Council, the promoter, participants, operators, owners,
23 officials, any persons in any area, promoters, sponsors,
24 advertisers, owners and lessees of premises used to conduct the
25 race and each of them, their officers and employees, all herein
26 referred to as "releasees" from all liability to the undersigned,
27
28
1
1 his personal representatives, assigns, heirs, and next of kin for
2 any and all loss or damage, and any claim or demands therefor on
3 account of injury to the person or property or resulting in death
4 of the undersigned, whether caused by the negligence of the
5 releasees or otherwise while the undersigned is in or upon such
6 area, and/or, competing, officiating in, observing, working for,
7 or for any purpose participating in the race.
8 2. HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS
9 the releasees and each of them from any loss, liability, damage,
10 or cost they may incur due to the presence of the undersigned in
11 or upon such area or in any way competing, officiating,
12 observing, or working for, or for any purpose participating in
13 the race and whether caused by the negligence of the releasees or
14 otherwise.
15 3. HEREBY ASSUMES FULL RESPONSIBILITY FOR AND RISK OR
16 BODILY INJURY, DEATH OR PROPERTY DAMAGE due to the negligence of
17 releasees or otherwise while in or upon such area and/or while
18 competing, officiating, observing or working for or for any
19 purpose participating in the race.
20 EACH OF THE UNDERSIGNED expressly acknowledges and agrees
21 that the activities of the race are dangerous and involve the
22 risk of injury and/or death and/or property damage. EACH OF THE
23 UNDERSIGNED further expressly agrees that the foregoing release,
24 waiver and indemnity agreement is intended to be as broad and
25 inclusive as is permitted by the law of the state and that if any
26 portion thereof is held invalid, it is agreed that the balance
27 shall, notwithstanding, continue in full legal force and effect.
28 2
1 THE UNDERSIGNED HAS READ AND VOLUNTARILY SIGNS THE RELEASE
2 AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, and further
3 agrees that no oral representations, statements or inducements
4 apart from the foregoing written agreement have been made.
5 NOTE: YOUR PARTICIPATION DOES NOT IN ANY WAY INCLUDE OR
6 GUARANTEE TO YOU ANY INSURANCE COVERAGE OF ANY KIND. INSURANCE,
7 IF ANY, IS PROVIDED BY NETWORK, IS WITHOUT COST TO YOU AND MAY BE
8 INCREASED, DECREASED, CANCELLED, OR IN ANY WAY CHANGED BY THE
9 CORPORATION AT ANY TIME AT ITS SOLE DISCRETION.
10 IF UNDER 18 YEARS OF AGE, NOTARIZED SIGNATURE OF PARENT OR
11 GUARDIAN IS REQUIRED.
12 DATED:
13 SIGNATURE OF APPLICANT
14 SIGNATURE OF GUARDIAN OR PARENT
IF APPLICANT UNDER 18 YEARS OF AGE
15
16
17 WITNESS
18
19
20
21
22
23
24
25
26
27
28
3