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HomeMy WebLinkAboutR-1991-D5907 Tree Top / Street Closures• D 5 9 0 7 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 (res/treetop) 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. - 2 - (res/treetop) • • • 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. (res/treetop) 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 -4 (res/treetop) • •