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Home My WebLink AboutR-1990-D5815 Shultz Furniture Bed Race ID 5815 RESOLUTION NO. A RESOLUTION authorizing the closure of certain streets within the City of Yakima to accommodate the Schultz Furniture, Inc. Bed Race. WHEREAS, Schultz Furniture, Inc., hereinafter called Sponsor, desires to sponsor a bed race on September 22, 1990, between the hours of 12:30 p.m. and 3:30 p.m. as a Yakima Greenway Foundation fund raising event and has requested the closure or partial closure of certain streets described below which constitute the route of that event; and WHEREAS, the City Council finds it to be in the best interests of the City to authorize the closure or partial closure, as necessary, of those streets described below, subject to conditions hereinafter set forth; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Section 1. The City Council does hereby authorize the closure or partial closure of streets constituting the route of the Schultz Furniture, Inc. Bed Race on September 22, 1990, between the hours of 12:30 p.m. and 3:30 p.m. as follows: Beginning at 3rd Avenue and West "A" Street, then south on 3rd Avenue to West Yakima Avenue, then west on Yakima Avenue to 5th Avenue. subject to the following conditions: 1. The Sponsor shall defend, indemnify and otherwise hold harmless the City of Yakima, its officers, employ- ees, and agents against and from any and all claim or liability based on or arising from the City's grant of permission for that event, as authorized by this resolu- tion, or based on or arising from the conduct of that event. 2. On or before September 21, 1990, the Sponsor shall file with the Chief of the Yakima Police Department (or his designate) evidence of liability insurance cover- age with the City of Yakima, its officers, employees, and agents named as additional insured parties affording death, personal injury, and property damage liability coverage in an amount not less than one million dollars. - 1 - (res/schultz) 3. Prior to the event, but in no case less than two hours before the event, the Sponsor shall file with the Chief of the Yakima Police Department, (or his designate) a signed waiver agreement from each participant in the event by which each participant shall waive any and all liability against the City of Yakima, its officers, agents, and employees arising from the event, which agreement shall include the following language: ASSUMPTION OF RISK AND WAIVER AGREEMENT In consideration of your acceptance of this bed race entry, I, for myself, my heirs, executors, adminis- trators, and assigns, do hereby forever release and discharge the City of Yakima, its officers, employees, and agents, and the Yakima Greenway Foundation, Inc. and its officers, employees, agents, and sponsors (including Schultz Furniture, Inc. and its officers, agents, and employees), from any and all claims for damages for injuries or other liability of every nature (whether or not specified herein), which may be based on or otherwise result from my participation in the Schultz Furniture, Inc. Bed Race. I understand the race will be run over and along public streets, sidewalks, and other public ways in the City of Yakima which are not designed nor maintained as surfaces for running or for racing beds and which consist of uneven surfaces and may include rocks, gravel, and foreign material on the running surfaces. I further understand that automobile and other vehicular traffic cannot be fully controlled along the entire route of the event. I know that the Yakima Green- way Foundation will provide volunteers to perform traffic control. These volunteers will receive traffic control training from the Yakima Police Department but will use their own judgment during the race, in controlling vehi- cles, pedestrians, and runners. I have full knowledge of the risks involved in my participation in the event including, but not limited to, those hazards mentioned above, and I voluntarily assume those risks. I agree to pay my own medical and emergency expenses in the event of an accident, illness or other incapacity, regardless of whether I have specifically authorized such expenses. - 2 - (res/schultz) I am physically fit and sufficiently trained to participate in this event. Date Signature Signature of Parent or Guardian if Runner is Under 18 years of age. NOTE: INCOMPLETE OR UNSIGNED ENTRY FORMS WILL NOT BE PROCESSED!! 4. The Sponsor shall furnish volunteers in an ade- quate number as determined by the Chief of the Yakima Police Department (or his designate) to supervise the event. Prior to the event, the volunteers shall receive traffic control training from Yakima Police Department personnel; and during the event, the volunteers shall wear readily visible identification, furnished by the Sponsor, and shall supervise vehicle, pedestrian, and event traffic under the direction of the Yakima Police Department. 5. The Sponsor shall abide by the conditions of this permit and such other safety and traffic regulations as the Chief of the Yakima Police Department (or his desig- nate) may prescribe in connection with preparing for and conducting the event. 6. The Chief of the Yakima Police Department may revoke this permit and cancel the running of the event in the event Sponsor fails to comply with any of the conditions of this permit or other conditions prescribed by the Chief of the Yakima Police Department (or his designate) in connection with preparations for or con- ducting this event. 7. On the receipt by the Sponsor of a billing from the City, the Sponsor shall forthwith reimburse the City for all actual expenses incurred by the City in connec- tion with the event as indicated on that billing. 8. This resolution shall be effective on the execu- tion by an authorized officer of the Sponsor of the sub- joined "ACCEPTANCE" form, by which the Sponsor agrees to the conditions hereinabove set forth. - 3 - (res/schultz) ADOPTED BY THE CITY COUNCIL this /4/1- day of '■,594'&r 1990. ( 2.1Zt )41,A4411, Mayor ATTEST: City Clerk ACCEPTANCE Schultz Furniture, Inc. does hereby accept the permit and agrees to comply with the conditions prescribed in the fore- going resolution. DATED this , / day of - , 1990. SCHULTZ FURNITURE, INC, ) -- By: _73 - 4 - ( res/schultz ) ~`.~ "1,2~..~1-J ^..`1^~ ^^.^ • ^~~..`....^ ^..^ , ■.; ' . . :,,,.,,,,,;: ,,.,,„, it:,, „.. F." :...fig, ,.: p , ,,a AT .;. .- : ,&., „.00,?:vmag KlobliOER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS ' 1 CONOITER INSURANCE, INC. NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER TI-IE COVERAGE AFFORDED BY THE POLICIES BELOW. P,O. BOX 10088 COMPANIES AFFORDING COVERAGE -------- -- ------------'--------- I COMPANY pq | wsuneu 1 LETTER 4. __ _ ___ / �um��mv SK��[U]�TZ F\JI�I��TlIR]�IN� LETTER �� | YAKTNIA, WA 98907 COMPANY rt . AO #04A400. M THIS IS TO CERTIFY THAT THE POLCIES OF INSURANCE LISTED 'BELOW HAVE BEEN ISSUED TO THE INSURED NAMED AHOVE FOR THE POLICY PERDU INDICATED, NOTWrTHSTANDING ANY REauRRAENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT MTH RESPECT TO WHICH THIS . . CERTIFICATE MAY SE ISSUED OR WY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 18 SUBJECT TO ALL THE TERMS, , EXCWSIONE AND CONDITIONS OF SUCH POLICIES, L1MJS SHOWN MAY HAVE BEEN REoucro BY PAID CLAIMS. ____J 00 ( POLICY EFFECTIVE :POLICY VIRIRATiorl , X ANY ADTO 1 T' MOLE IS : I HIRED AurG h - I 1 PROPERTY . WORKER'S COMPENSATION , OTHER i , DESCRIPTION OF CFERATIONS/LOCATIONSMIHICLESgS `E "IAL ITEMS AS RESPECTS: BED RACE TO BE HELD SATURDAY, SEPTEMBER 22, 1990, CITY 101 YAKIMA, ITS AG ENTS EMPLOYEES &„ OFVICERS ARE NAMED AS ADDITIONAL PITS (.TRED. •T‘ p r SHOULD ANY OF THE ABOVE DESCRIBED POLICIES oE CANCELLED BEFCRF . FHF CITY OF YAKIMA * EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO I ' C/O JOHN VANEK %:, MAIL it_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER IN/AMID TD THE ' CITY ATTORNEY ::,:.. LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIQATION OR 129 NORTH 2ND ,,,,,. LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRE.SENTATIVF_S, uoot, T 6