HomeMy WebLinkAboutR-1991-D5907 Tree Top / Street Closures•
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RESOLUTION NO.
A RESOLUTION authorizing the closure of certain streets within
the City of Yakima to accommodate the "1991 Tree
Top Bicycle Classic"
WHEREAS, the Chinook Cycling Club, hereinafter called
Sponsor, desires to sponsor a bicycling event on May 5, 1991
between the hours of 6:30 a.m. and 4:00 p.m., which has been
held annually since 1985, and has requested the closure or
partial closure of certain streets described below to consti-
tute the route of that bicycling event, and
WHEREAS, the City Council finds it to be in the best
interest of the City to authorize the closure or partial
closure, as necessary, of those streets and to authorize that
bicycling event, 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 "1991 Tree Top Bicycling Classic" on May 5, 1991,
between the hours of 6:30 a.m. and 4:00 p.m. as follows:
Beginning at Naches Avenue and East Walnut Avenue;
then north on Naches Avenue to Yakima Avenue, then
south on Naches Avenue to Chestnut Street, then west
on Chestnut Street to 4th Street, then south on 4th
Street to Walnut Avenue to Naches 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 claims or
liability based on or arising from the City's grant of
permission for that bicycling event, as authorized by
this resolution, or based on or arising from the conduct
of that bicycling event.
2. On or before April 27, 1991, the Sponsor shall file
with the Chief of the Yakima Police Department (or his
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designate) evidence of liability insurance coverage 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.
3. Prior to the day of the bicycling event, the Sponsor
shall file with the Chief of the Yakima Police Depart-
ment, (or his designate) a signed waiver agreement from
each participant in the running event by which each
participant shall waive any and all liability against the
City of Yakima, its officers, agents, and employees
arising from the bicycling event, which agreement shall
include substantially the following language:
ASSUMPTION OF RISK AND WAIVER AGREEMENT
In consideration of your acceptance of this race
entry, I, for myself, my heirs, executors, administra-
tors, and assigns, do hereby forever release and dis-
charge the City of Yakima, its officers, employees, and
agents, and the Chinook Cycling Club, and its officers,
employees, agents, and sponsors, 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
"1991 Tree Top Bicycling Classic."
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 bicycling and which consist of uneven sur-
faces and may include rocks, gravel, and foreign material
on their surfaces.
I further understand that automobile and other
vehicular traffic cannot be fully controlled along the
entire route of the bicycling event. I know that the
Chinook Cycling Club 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 con-
trolling vehicles, pedestrians, and bicyclists.
I have full knowledge of the risks involved in my
participation in the bicycling event including, but not
limited to, those hazards mentioned above, and I volun-
tarily 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.
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I am physically fit and sufficiently trained to
participate in this bicycling event.
Date Signature
Signature of Parent or Guardian
if Bicyclist is Under 18 years
of age.
NOTE: INCOMPLETE OR UNSIGNED ENTRY FORMS WILL NOT BE
PROCESSED1!
4. The Sponsor shall furnish volunteers in an adequate
number as determined by the Chief of the Yakima Police
Department (or his designate) to supervise the bicycling
event. Prior to the bicycling event, the volunteers
shall receive traffic control training from Yakima Police
Department personnel; and during the bicycling event, the
volunteers shall wear readily visible identification,
furnished by the Sponsor, and shall supervise vehicle,
pedestrian, and bicycle traffic under the direction of
the Yakima Police Department.
5. Sponsor shall insure that all race participants shall
wear ANSI or SNELL approved helmets during all racing
events authorized by this resolution.
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 bicycling event.
7. The Chief of the Yakima Police Department may revoke
this permit and cancel the running of the event in the
event the Sponsor fails to comply with any of the condi-
tions of this permit or other conditions prescribed by
the Chief of the Yakima Police Department (or his desig-
nate) in connection with preparations for or conducting
this bicycling event.
8. 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 connection
with the bicycling event as indicated on that billing.
9. This resolution shall be effective on the execution
by an authorized officer of the Sponsor of the sub -joined
"ACCEPTANCE" form, by which the Sponsor agrees to the
conditions hereinabove set forth.
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ADOPTED BY THE CITY COUNCIL this ,t20—day o
1991.
ATTEST
City Clerk
ACCEPTANCE
Mayor
The Chinook Cycling Club does hereby accept the permit
and agrees to comply with the conditions prescribed in the
foregoing resolution.
DATED this day of April, 1991.
Chinook Cycling Club
By:
Mark Farsdahl
President
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