HomeMy WebLinkAbout20000446.tiff RESOLUTION
RE: GRANT PERMIT FOR TEMPORARY ASSEMBLY OF MORE THAN 500 PERSONS
ON VARIOUS DATES AND AUTHORIZE CHAIR TO SIGN - LEAHY FAMILY FARM,
LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, Leahy Family Farm, LLC, 22437 Weld County Road 19, Milliken, Colorado
80543, has presented to the Board of County Commissioners an application for a Permit for
Temporary Assembly on land within the unincorporated portion of the County of Weld, State of
Colorado, to be held on March 5, April 9, May 14, June 18, July 16, and August 6, 2000, on
property described as follows:
Part of the SE1/4 of Section 9, Township 4 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant has paid to the Weld County the sum of ONE-HUNDRED
DOLLARS ($600.00) for said Weld County Permits for Temporary Assembly on six various
dates, and
WHEREAS, having examined said application, the Board deems it appropriate to grant
a Weld County Permits for Temporary Assembly to be held on March 5, April 9, May 14,
June 18, July 16, and August 6, 2000, to the Leahy Family Farm, LLC, and
WHEREAS, said permits shall be issued subject to compliance with the terms and
conditions as set forth in the application materials and upon the express condition and
agreement that the temporary assemblages will be conducted in strict conformity to all laws of
the State of Colorado, and
WHEREAS, any violation to said terms and conditions shall be cause for revocation of
said permits and forfeiture of bond.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that said Weld County Permits for Temporary Assembly on to be held
on March 5, April 9, May 14, June 18, July 16, and August 6, 2000, be, and hereby are, granted
to Leahy Family Farm, LLC, to conduct temporary assemblages at the hereinabove described
location.
2000-0446
LC0022
SIX PERMITS FOR TEMPORARY ASSEMBLY ON VARIOUS DATES - LEAHY FAMILY
FARM, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 23rd day of February, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: /(/ / � *
bhp ► Iii . �' F< V arbara J. • meyer, hair
Weld County Clerk to the ::.arI ISM r.
9 1 k 1661
�• �'; " - . J. il-, Pro--i em
Deputy Clerk to the BobUV'
UV'->' G r e . Baxter
APPROVED AS TO FOAM:
e /
D'afe K. all
DoglitY Attorney L "F — EXCUSED DATE OF SIGNING (AYE)
Glenn Vaad
2000-0446
LC0022
APPLICATION FOR TEMPORARY ASSEMBLY
•': r17
INSTRUCTIONS TO APPLICANT: Complete each section and mark"N/A" wh -not applicable.
Additional sheets may be attached and maps, sketches or drawings may be ssUb titGted ror the
verbal description of plans for the assembly site. All required information must be furnished before
the application will be processed.
NAME: Ann Leahy AGE: 62
RESIDENCE: PO Box 1652 1351 Broadview
MAILING ADDRESS: Estes Park, CO 80517
NAME: Patrick D. Leahy AGE: 41
RESIDENCE: 22437 WCR 19
MAILING ADDRESS: Milliken, CO 80543
NAME: David B. Leahy AGE: 39
RESIDENCE: 1728 Fairacres Road
MAILING ADDRESS: Greeley, CO 80631
NAME: AGE:
RESIDENCE:
MAILING ADDRESS:
(This must list all partners in a partnership, officers of an unincorporated association, society or
group, or, if there are no officers, by all members of such association, society or group. IF A
CORPORATION, ATTACH A CERTIFIED COPY OF THE ARTICLES OF INCORPORATION.)
1. Address and legal description of all property upon which the assembly is to be
held: Leahy Family Farm LLC, 22437 WCR 19, Milliken, CO 80543
Being part of the SE 1/4 Section 9, Township 4 North, Range 67 West
of the 6th P.M.
A. Name, residence and mailing address of the record owners of such property (Attach
a notarized statement by the record owners of such property consenting to the
assembly if application is not made by all of the record owners.)
NAME: Leahy Family Farm LLC
RESIDENCE:
MAILINGADDRESS: 22437 WCR 19, Milliken, CO 80543
1
2000-0446
NAME:
RESIDENCE:
MAILINGADDRESS:
2. Nature or purposes of the assembly: American Motorcyclist Association (AMA)
sanctioned motocross races, held in conjunction with the Rocky Mountain
Motocross Association's Spring and Summer series of races, held in
Colorado. Leahy Family Farm and Two Rivers Racing hold a charter with
Ole AMA, and All races are governed by national rules which apply to all
other states and MX riders.
3. Dates and hours during which the assembly is to be held: see attacged list.
4. Maximum number of persons to be allowed at assembly at any one time: This permit
is applied for when we believe we will have more than 500 people on our
property for one of these events. There is no maximum number.
5. The maximum number of tickets to be sold, if any: No maximum number
6. Identify plans to limit number of persons to the maximum identified above:
Not applicable. There is no spectator limit, as they are all outside,
watching the races behind fences. The riders are limited to 40 per class
by AMA rules.
7. Identify plans for supplying potable (drinking) water, including the source, number, and
location of facilities: _Bottled water is available in vending machines in the
sign-up building at the facility. It is supplied by Pepsi-Cola Company,
Greeley, CO. There is also sport drink, fruit drink, soft drink and iced
tea in 20 oz. plastic bottles. Most people bring water from home in large
plastic containers.
2
8. Identify the plans for providing separate toilet facilities for males and females, including the
source, number, and location, type and the means of disposing of wastes
deposited: There are three permanent toilets in the sign-up building. These
are marked either men or women. In addition, portable units are brought in
and placed near the parking lot and starting gate. We have one port-o-let
of our own, so we always have 4 toilets, in addition to the 3 or 4 we
bring in. Accommodation Sanitation, PO Box 5261, Greeley, CO provides the .
snits and services them. The ratio of men to women at these events is
approximately 10 to 1.
9. Identify the plans for holding, collecting, and disposing of solid waste
materials: There are approximately 20 fifty-five gallon plastic barrels
placed around the parking lot, near the sign-up building, and along the
edge of the fences and buildings. We empty the barrels in a large dumpster
and that is picked up on Tuesday morning after the race (or once a week)
by Imperial Disposal and Recycling, PO Box 816, Johnstown, CO 80534.
Spectators and riders are VERY good about picking up their trash.
10. Identify the plans to provide for medical facilities, including the location and construction of
any structures, the names, addresses, and hours of availability of emergency medical
technicians and nurses and provisions for emergency ambulance
service: All AMA sanctioned races require emergency medical units be on-
cite for the entire d y. The contracted company for all RMXA events is
Rocky Mountain Fire and Rescue Service, 8061 Quebec St. , Commerce City,
CO 80022. If someone is injured, an ambulance service is called to trans-
port, so the emergency unit never leaves the site. In addition, an injury
report has to be filed with the AMA within 24 hours of the race.
11. Identify the plans, if any, to illuminate the location of the assembly, including the source and
amount of power, and the location of lamps:
Not applicable. Event is daytime only.
3
12. Identify the plans for parking vehicles, including size and location of lots, points of highway
access and interior roads, including routes between highway access and parking lots:
Approximately 4 acres has been leveled and graveled as required by Weld
County Public Works Dept. In addition, vehicles may park further west along
the fenced areas of the track, and to the north of the existing parking lot.
In the morning, when arrivals are heavy, two lines are formed to allow those
attending the gate to get the waiver signed and admission collected. All
effort is made to keep County Road 19 clear. In the afternoon when riders'
are leaving, they exit onto Cty Rd 19, but in a leisurely manner and in
small numbers.
13. Identify the plans for communications with hospital, police, and fire services, including the
source, amount, and location of communication equipment:
Rocky Mountain Fire and Rescue notifies area hospitals and ambulance
services. They have a plan for transporting and pickup which the Johnstown
Volunteer Fire Dept. uses. The Johnstown Police Dept. has indicated they do
not need special notification when we have races. As the entire event is
out-of-doors, on dirt and gravel, there is little fire danger.
14. Identify the plans for camping facilities, if any: Families and riders who come to
these races often drive long distances and many come in motorhomes or vans
with their motocross bikes and related equipment in trailers. Our parking
lot is level, making overnight parking easy for them. This year we would like
to request overnight parking only for the Saturday night before the race. with
no tents, no open fires as a requirement. There is no rowdiness in this group -
they are here to race, and need a good night's sleep.
15. Identify the plans for fire protection: These events are held outside on dirt and
gravel. They are not allowed to ride anywhere else on the property, parking
is limited to the parking lots, and no one can have open fires.
4
16. Identify the plans for security, including the number of guards, their deployment, their
names, addresses, credentials and hours of availability and description of peer group
control, if any: We have hired Loveland Security and Patrol, Inc. ,
530 W. Eisenhower, Loveland, CO to provide security for these races.
The AMA requires that a referee be present at and make all arbitration
decisions, and RMXA Board members are on-site at all races. By AMA rules,
a rider or any member of his family or friends may be disqualified because of
his/her actions either on or off the track. Loveland security personnel
monitor parking, ambulance access, property rules, no parking along County
Road 19, and pet and alcohol rules.
17. Identify the plans for sound control and sound amplification, if any, including number,
location, and power of amplifiers and speakers: We have a small amplification system
with one wired and one remote microphone, to make announcements and get riders
to the starting gate. There are only 5 speakers, all near or on the sign-up
building. Last year, Ron Baylor of KUNC, designed a very small FM radio
system for us, which extends less than 1/2 mile, but allows people in their
cars to turn their radios on and hear, instead of adding more amplification
and speakers. It works very well unless the wind blows and moves the antennae.
18. If applicable, identify plans for meeting County health standards for food concessions and
concessionaires who will be allowed to operate on the grounds, including the names and
addresses of all concessionaires and their license permit numbers:
Concessionaire for this year is: Hot Chili 's Catering. 2990 29th St.
Suite 2. Greeley. CO 80634. Phone: 330-5163. License # 2467197-0000
They serve hamburgers, burritos. nachos. hot dogs and chili. For some of
the races, they also bring assorted donuts, bagels, breakfast burritos,
and coffee for early morning.
19. Identify the plans, if any, for an electrical system: Not app l i cahl a. fti time even
5
20. Identify the plans to ensure that trees, underbrush, large rocks, and other natural features
shall be left intact and undisturbed, and natural vegetative cover retained, protected and
maintained so as to facilitate drainage, prevent erosion, and preserve the scenic attributes;
and the plans to abate dust on the site: We are required by Weld County to control
fugutive dust on the site at all times. For races, the track is plowed, disced,
and watered for several hours, to make sure dusty conditions will NOT occur.
We have planted hundreds of trees and bushes, and those are staked, marked,
fenced to keep people from running over them. In addition, signs are posted
about no riding, driving off-road, and parking is fenced off so cars cannot
drive on vegetation. Riders are only allowed to ride from their parking area
to the starting gate on race days, and the announcer reminds people of the
rules several times during the day.
21. Attach a statement by a bonding company licensed to do business in the State of Colorado
indicating its intent to furnish a bond to ensure performance by the applicant of each of the
terms and conditions of the temporary assemblage Wel mit.
22. Attach a statement by an insurance company licensed to do business in the State of
Colorado stating its intent to provide liability insurance to protect against injury to persons
or property occurring as a result of such an assembly.
BY THIS APPLICATION, APPLICANT(S) AGREES TO INDEMNIFY AND HOLD HARMLESS
WELD COUNTY OR ANY OF ITS AGENTS, OFFICERS, SERVANTS, AND EMPLOYEES FROM
ANY LIABILITY OR CAUSES OF ACTION WHICH MIGHT ARISE BY REASON OF GRANTING
OF A TEMPORARY ASSEMBLAGE PERMIT, AND FROM ANY COSTS INCURRED IN
DEFENDING AGAINST SUCH ACTIONS OR IN CLEANING UP ANY WASTE MATERIAL
PRODUCED OR LEFT BY THE ASSEMBLY.
6
WELD COUNTY PERMIT FOR TEMPORARY ASSEMBLY
By action of the Board of County Commissioners of the County of Weld, State of Colorado,
taken this 23rd day of February X2000, IT IS HEREBY GRANTED a permit for
a temporary assemblage on land within the unincorporated portion of the County of Weld, State
of Colorado, to be held on the (see Be�ayf , 19 , through the
day of , i9 , on property described as:
March 5, April 9, May 14, June 18, July 16, and August 6, 2000
Leahy Family Farm, LLC, 22437 Weld County Road 19, Milliken, CO 80543
This permit authorizes Leahy Family Farm, LLC
22437 Weld County Road 19_, Milliken. Cnlnradn 80541
to hold such an assemblage so long as it is in accordance with Weld County Ordinance No. 85 and
all other applicable State and County statutes and regulations. This permit is subject to compliance
with the terms and conditions as set forth in the application materials and to additional conditions
sat forth by the Board and attached hereto as Exhibit"A".
PERMIT (APPROVED) OR (APPROVED WITH CONDITIONS) this 23rd day of
February ,X4X2000.
BOARD OF COUNTY COMMISSIONESS
ATTEST: I WELD COUNTY, COLORADO
f
Weld County Clerk to th oar .0 � AO,ZZ-�.1-
ir'.� �/l arbara . Kirk yer, Ch r (02/23/00)
&51i'
Deputy Clerk to t • j a'� M. J. Geile, Cr Pro-Tem
li � —
�w//� e o g E. B x `.
Dale
K. Hal
Glenn Va --
NOTE: THIS PERMIT MAY BE REVOKED AND THE BOND FORFEITED FOR FAILING
TO MEET THE CONDITIONS SET FORTH HEREIN.
The applicant, and each of them, swears, (affirms) that, to the best of his knowledge, the
statements contained in the application are true and correct.
4,,,, g ce-det
Applicant's signature
Avtbti P4 , L-e. .kt(
Applicant's printed name
Abut, (y e tr--
Applicant's position
SUBSCRIBED AND SWORN to before me this day of ,z
ADO .
Witness my hand and -1 Vat//AN.
2; ESTHER E. 1
OESj r Notary Public
My commission expi t., L.• •?49f
,ti v•...N.• at
;A,commissnn Egins S 11.20°1
Applicant's signature
• Applicant's printed name
Applicant's position
SUBSCRIBED AND SWORN to before me this day of ,
19
Witness my hand and official seal.
Notary Public
My commission expires:
7 K:ISHELLSIFOASMBLY
NOTICE OF APPLICATION
FOR TEMPORARY ASSEMBLY
Pursuant to Weld County Ordinance Number 85, a public hearing will be held in the
Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County
Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified.
If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five
days prior of the hearing. The cost of engaging a court reporter shall be borne by the requesting
party. In accordance with the Americans with Disabilities Act, if special accommodations are
required in order for you to participate in this hearing, please contact the Clerk to the Board's Office
at (970) 356-4000, Extension 4226, prior to the day of the hearing.
The complete case file may be examined in the office of the Clerk to the Board of County
Commissioners, Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado.
E-Mail messages sent to an individual Commissioner may not be included in the case file. To
ensure inclusion of your E-Mail correspondence into the case file, please send a copy to
charding@co.weld.co.us
DOCKET#: 2000-09
DATE: February 23, 2000
TIME: 9:00 a.m.
APPLICANT:
Leahy Family Farm, LLC
22437 Weld County Road 19
Milliken, Colorado 80543
REQUEST: Application for a temporary assembly of more than 500 persons on March 5, April 9,
May 14, June 18, July 16, and August 6 - Leahy Family Farm, LLC.
LEGAL DESCRIPTION: Part of the SE1/4 of Section 9, Township 4 North, Range 67 West of the
6th P.M., Weld County, Colorado
LOCATION: 22437 Weld County Road 19, Milliken Colorado 80534 (See Legal Description for
precise location.)
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: February 7 , 2000
PUBLISHED: February 10, 2000, in the South Weld Sun
NOTICE OF APPLICATION
FOR TEMPORARY
STATE OF COLORADO ) ASSEMBLY
) S.S. Pursuant to
Weld County Ordinance
COUNTY OF WELD ) Number 85, a public
hearing will be held In the
Ruth Pelton-Rob manager of Pelton Chanters of the Board of
Y. as County Commissioners of
Publishing Company LLC, being duly Weld County. Colorado.
sworn, states that it is publisher of the Weld County Centennial
South Weld Sun, a weekly newspaper Center, 915 10th Street.
First Floor, Greeley,
published in Keenesburg in said County Colorado, at the time
and State; that said newspaper has a specified.
If a court
general circulation in said County and has reporter is desired,please
been continuously and uninterruptedly advise the clerk to the
ublished therein, durin period of at Board. in uniting.uniting.At least
P g a five days; prior of the
least fifty-two consecutive weeks prior to hearing. me cost of
the first publication of the annexed notice; engaging a court reporter
that said newspaper is a newspaper Per shall be borne by the
P requesting party. In
within the meaning of the act of the accordance with the
General Assembly of the State of Americanswkt Disabilities
Colorado, entitled "An Act to regulate the acco'mmodati special
s
printing of legal notices and required in order for you to
advertisements," and amendments participate in this hearing,
please contact the Clerk to
thereto; that the notice of which the the Boards Office at(970)
annexed is a printed copy taken from said 356-4000,Extension4226,
newspaper, was published in said prior to the day of the
hearing.
newspaper, and in the regular and entire The complete
issue of every number thereof, once a case file may be examined
week for I successive weeks; that said in the office of the Clerk to
the Board of County
notice was so published in said Commissioners, Weld
newspaper proper and no in any County Centennial center,
915 10th steel, Third
supplement thereof, and that the first
Floor, Greeley, Colorado.
publication of said notice s aforesaid, E-MelmeSSaGessatloan
was on the 1O day of C individual Commissioner
2000 and the last on the day of may no be included in the
case file. To ensure
, 2000. inclusion of your E-MaIl
correspondence into the
PELTON PUBLISHING COMPANY LLC ease file' please send a
copy t o
chardingfco.weld.co.ua
i DOCKET : 2000.O9
By:
Ir[
R th a ton- o y, Manager DATE:February 23.2000
Sub ribed and,tsworn to before me this TIME:900 a.m.
day of /6,02/244....t— L Leahy
Family
0 -� Leahy Family Farm,LLC
22437 Weld County Road
19
Milliken,
Mi Colorado 80543
Notar! ub is
my r•mmission expires: /_„2 s/-C V REQUEST:Ae tionfor
asse
mbly temporary assembly of
more than 500 persons on
March 5,April 9,May 14,
June 18, July 16, and
August 6 - Leahy Family
Farm,LLC
LEGAL DESCRIPTION:
Part of the SEI/4 of Section
9 Township 4 North,
Range 67 West of the 6th
P.M.. Weld County,
Colorado
LOCATION: 22437 Weld
County Road 19. Milliken
Colorado 80534(See Legal
Description for precise
location.)
BOARD OF COUNTY
COMMISSIONERS
WELD COUNTY,
COLORADO
DATED:February 7 2000
PUBLISHED:February 10,
2000, in the South Weld
Sun
Board of County Commissioners
Weld County, Colorado
Master Application: Leahy Family Farm LLC
Date: March 3, 2000
Enclosures:
INSURANCE, RACE DAYS
Liability Insurance Invoice (sample) Each race date has a separate
sanction number, and certificate number. Policy is for $1,000,000
for each race.
Additional Declarations (sample) Shows coverage including spectator
liability, participant legal liability, personal injury, products
liability, and contractual liability.
Certificate of Insurance - (sample) This policy is issued with each
race date insurance request.
American Motorcyclist Association Sanction Authorization Certificate
(sample) Each race date requested is given a sanction number which
matches the insurance invoice and declarations.
INSURANCE, YEAR-ROUND, PRACTICE RIDING
Motor Sports Liability Insurance - Separate insurance policy for year-
round coverage of $1,000,000. Because this is SUPERVISED Practice Riding,
our premium has been reduced.
BOND, payable to Weld County
ARTICLES OF ORGANIZATION, LEAHY FAMILY FARM LLC
RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT - this form is sent
from the AMA to use at the gate. ALL persons entering the property must sign
and print their names. Even children must be listed. The gate person has to sign
at the bottom as a witness to the signatures of those persons coming in.
MINOR RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT - this form must
be signed by the minor and parent or guardian. A notarized signature is required
if the parent is not present and a guardian myst sign. Persons doing sign-up
are required to witness the signature and sign as witness. These forms are sent
to the AMA after each race.
Page 2
Board of County Commissioners
Weld County, Colorado
Master Application: Leahy Family Farm LLC
Date: March 3, 2000
American Motorcyclist Association and Rocky Mountain Motocross Association
SANCTIONED Motocross races to be held at our track this year:
DATE: March 5, 2000
April 9, 2000
May 14, 2000
June 18, 2000
July 16, 2000
August 6, 2000
At the RMXA banquet held two weeks ago, January 22, Two Rivers
Racing as the promoter and Leahy Family Farm as the facility were named
"TRACK OF THE YEAR". This was especially gratifying to us as it is determined
solely by the riders who come to our facility. This means we will hold
the AMA District 25 (Colorado, Wyoming and New Mexico) Championship this
fall, but the dates have not been decided yet. It will probably be in October
and I will let you know ASAP. It will be a two-day, weekend event.
Policy Number: TNM 00172
New or Renewal: Renewal
MOTOR SPORTS LIABILITY INSURANCE 1/19/00 rw
Declarations
INSURED:Pat, David and Ann Leahy, Leahy Family Farm, LLC
22437 Weld County Road 19
Milliken, CO 80543
POLICYPERIOD: January 11, 2000 to January 11, 2001
COMPANY SECURITY: Terra Nova Insurance Company Limited
AGENT OF INSURED: GKA Inc .
LOCATION OF INSURED PREMISES: (Coverage limited to scheduled events on Events
Endorsement) Rural farm land in SW Weld County, Colorado, 1/2 mile
South and 1 mile West of Milliken, CO.
INTEREST OF INSURED IN INSURED PREMISES: (Check below)
Owner x General Lessee Tenant_ Other
SINGLE LIMIT LIABILITY: The limit of the Company's liability for all damages, including damages
for care and loss of service, arising out of Bodily Injury, including death at any time resulting
therefrom, sustained by one or more persons and for all damages including damages for loss of
use, arising out of injury to or destruction of property shall not exceed $ 1, 000, 000 . 00 as the
result of any one occurrence.
The inclusion herein of more than one insured shall not operate to increase the limit of the
Company's Liability.
DEDUCTIBLE: $ 250 . 00 BI/PD/LAE
PREMIUM PER EVENT $Not Applicable
R . T PREMIUM: $1, 500 . 00 Filing Fee $50 . 00 Policy Fee $25 . 00
Co. Tax $47 . 25 Stamp Fee $3 . 00
MINIMUM PREMIUM: $750 . 00
Countersigned by: / '
Washington
INTERNATIONAL INSURANCE COMPANY
CONTINUATION CERTIFICATE
KNOW ALL MEN BY THESE PRESENTS, THAT:
In consideration of the payment of a renewal premium, WASHINGTON
INTERNATIONAL INSURANCE COMPANY, as SURETY, does hereby continue
Bond Number: 560073026
Effective Date : 1/28/00
Amount of Bond: Sixty Thousand and 00/100--($60,000.00)
Continued from: 1/28/00 to 1/28/01
On behalf of Leahy Family Farm, LLC and Two Rivers Racing, LLC
In favor of Board of County Commissioners of Weld County
Provided, however, that this Continuation Certificate does not
create a new obligation and is executed upon the express condition
and provision that the Surety' s liability under said bond and this
and all Continuation Certificates issued in connection therewith
shall not be cumulative and that said Surety' s aggregate liability
under said bond and this and all such Continuation Certificates on
account of all defaults committed during the period (regardless of
the number of years) said bond has been and shall be in force,
shall not in any event exceed the amount of said bond as
hereinbefore set forth.
Dated this 18th day of - January -rg 2000
WASHINGTON INTERNATIONAL INSURANCE COMPANY
By: LL t/Vl
Ka hryn Y. oyles Attorney-U n-Fact
WASHINGTON INTERNATIONAL INSURANCE COMPANY
POWER OF ATTORNEY
KNOW ALL BY THESE PRESENTS: That the Washington International Insurance Company, a corporation organized and existing under the laws
of the State of Arizona, and having its principal office in the Village of Itasca, Illinois does hereby constitute and appoint
DON R.BROYLES,KATHRYN Y.BROYLES,JEFFREY L.BROYLES,KATHRYN K.COULSON,DILYNN GUERN, SHERYL E.MEURER,
AMYAUGUSTYN, PAMELA J.HANSEN,LISA M.LOEFFLER, LAWRENCE E.LUTGEN,KEVIN W.MCMAHON,
AND NADINE BRANNON EACH IN THEIR SEPARATE CAPACITY
rts true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances,
contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required, or permitted by law, statute, rule,
regulation,contract or otherwise,and the execution of such instrument(s)in pursuance of these presents, shall be as binding upon the said Washington
International Insurance Company as fully and amply, to all intents and purposes, as if the same has been duly executed and acknowledged by its
President and/or its principal officers.
This Power of Attorney shall be limited in amount to$7,500,000.00 for any single obligation.
This Power of Attorney is issued pursuant to authority granted by the resolutions of the Board of Directors adopted March 22, 1978,
July 3, 1980 and October 21, 1986 which read, in part, as follows:
1. The Chairman of the Board, President, Vice President,Assistant Secretary, Treasurer and Secretary may designate Attorneys-in-Fact, and
authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto, bonds, and undertakings, recognizances,
contracts of indemnity and other writings obligatory in the nature thereof, and to appoint Special Attorneys-in-Fact,who are hereby authorized
to certify copies of any power-of-attorney issued in pursuant to this section and/or any of the By-Laws of the Company, and to remove, at any
time, any such Attorney-in-Fact or Special Attorney-in-Fact and revoke the authority given him.
2. The signatures of the Chairman of the Board,the President, Vice President,Assistant Secretary, Treasurer and Secretary, and the corporate
seal of the Company,may be affixed to any Power of Attorney, certificate, bond or undertaking relating thereto, by facsimile. Any such Power
of Attorney,certificate bond or undertaking bearing such facsimile signature or facsimile seal affixed in the ordinary course of business shall
be valid and binding upon the Company.
IN TESTIMONY WHEREOF,the Washington International Insurance Company has caused this instrument to be signed and its corporate seal to be
affixed by its authorized officer, this 26th day of April, 1999.
• WASHIN INTER ATIONAL INSURANCE COMPANY
•
Steve erson, Senior Vice-President
STATE OF ILLINOIS)
COUNTY OF COOK) •
On this 26th day of April, 1999,before me came the individual who executed the preceding instrument,to me personally known, and, being by me duly
sworn, said that he is the therein described and authorized officer of the Washington International Insurance Company;that the seal affixed to said
instrument is the Corporate Seal of said Company;
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, the day and year first above written.
OFFICIAL SERE �w azv
YASMIN A PATEL
NOTARY PUBLIC,STATE OF ILLINOIS Yasmi A. Patel, Notary Public
MN COMMISSION EXPIRES:OS/18/02 ry
xsa My Commission Expires August 18,2002
CERTIFICATE
STATE OF ILLINOIS)
COUNTY OF COOK) •
I,the undersigned,Vice President of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, DO HEREBY CERTIFY
that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked, and furthermore that Article III, Section 5
of the By-Laws of the Corporation, and the Resolution of the Board of Directors,set forth in the Power of Attorney, are now in force.
Signed and sealed in the County of Dupage. Dated the 18th day of January Tg-2000.
b
Ja se ice-President
•
ARTICLES OF ORGANIZATION fire COPY
FOR
' i 961M4822 M $53.130
LEAgy FAMILY FARM LLC SECRETARY OF STATE
07-18-96 13:20
THE UNDERSIGNED natural person of at least 18 years of age,
acting as organizer, hereby forms a limited liability company
("Company") by virtue of the Colorado Limited Liability Company Act,
as amended, and adopts the following Articles of Organization for such
limited liability company.
1. Name: The name of the Company is Leahy Family Farm LLC.
2. Principal Place of Business: The principal place of
business of the Company is 22437 weld County Road 19, Milliken, CO
80543_
3. Duration: The Company shall dissolve fifty (50) years from
its date of organization unless these Articles are amended to extend
its existence or unless earlier dissolved pursuant to the operating
agreement of the Company or otherwise by law.
4. Registered Agent : The registered agent of the Company in
Colorado is Patrick D. Leahy. The business address of the registered
agent is 22437 weld County Road 19, Milliken, CO 80543.
5. Management of Company: The management of the Company shall
be vested in the managers of the Company. The names and business
addresses of the initial managers who shall serve as managers until
the first meeting of the members or until their successors are elected
and qualified are:
Patrick D. Leahy David B. Leahy Ann M. Leahy
2437 WCR 19 1707 12th Street P.O. Box 45286
Milliken, CO 80543 Greeley, CO 80631 Kansas City, MO 64171
6 . Purposes: The limited liability company is organized for
any legal and lawful purposes pursuant to the Colorado Limited
Liability Company Act, as amended.
7 . Indemnification: The limited liability company shall
indemnify its organizer, managers, agents, and employees against
claims or liabilities in any way related to his or her capacity or
status as organizer, manager, agent, or employee, to the maximum
extent permitted by law.
8. Organizer: The name and address of the Organizer of the
Company is Curtis R. Sears, 822 7th Street, Suite 760, Greeley,
Colorado.
DATED: July 16, 1996 .
Curtis R. Sears, Organizer
,q19
READ CAREFULLY THIS IS A RELEASE
MINOR RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT
Description and Location of Event Date
I/WE HEREBY RELEASE, WAIVE, CONVENANT NOT TO SUE AND DISCHARGE the promoter ,
participants , racing association, sanctioning organization or any subdivision
thereof, track operator, track owner , officials , vehicle owners , riders , pit
crews , any persons in any restricted area, promoters , sponsors , advertisers ,
owners , lessees of premises used to conduct the event and each of them, their
officers and employees , all for the purposes therein referred to as "Releasees , '
from all liability to the undersigned, my/our personal representatives , assigns ,
heirs and next of kin for any and all loss or damage and any claim or any
demand on account of any injury to the participant included, but not limited to ,
death whether caused by the negligence of the "Releasees , " or otherwise while
the minor is in or upon the restricted area and/or competing, officiating in,
observing, working for or for any purpose participating in the event .
I/we will inform and instruct the said minor participant that upon entering any
restricted area the minor must continuously thereafter inspect such restricted
area and all portions thereof which the minor enters and with which he comes in
contact and I/we further warrant that the minor ' s entry upon such restricted
area or areas and his participation, if any, in the event constitutes an
acknowledgement that he , (minor) , has inspected such restricted area and that
he finds and accepts the same as being safe and reasonably suited for the
purposes of his use, and he further agrees and warrants that if, at any time,
he is in or about restricted areas and if he feels anything is unsafe , he will
immediately advise the officials of such and will leave the restricted areas .
The undersigned expressly acknowledge and agree that the activities of the
event are very dangerous and involve the risk of serious injury and/or death
and/or property damage .
Each of the undersigned parents or legal guardians for the minor participant
agrees to indemnify and save and hold harmless the "Releasees , " and each of
them from any loss , liability, damage or cost they may incur due to the
presence of the said minor in or upon the restricted area or in any way compet-
ing, officiating, observing or working for any purpose participating in the
event and caused by the negligence of the "Releasees" or otherwise .
THE UNDERSIGNED PARENTS OR LEGAL GUARDIANS HAVE READ AND VOLUNTARILY SIGN
THE MINOR RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT AND FURTHER
AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENTS APART FROM
THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE.
FATHER OR GUARDIAN (PRINT + SIGN NAME) NAME OF PARTICIPANT (PRINT)
MOTHER OR GUARDIAN (PRINT + SIGN NAME) WITNESS
STREET: CITY: STATE: ZIP:
(11/95) AMA
PLEASE SIGN MINOR UNDERSTANDING FORM ON BACK
FM 1129
MINOR'S UNDERSTANDING FORM
I HAVE DISCUSSED THE EVENT THAT I WISH TO PARTICIPATE IN WITH MY
PARENTS OR LEGAL GUARDIANS AND THEY HAVE EXPLAINED TO ME THE
POSSIBILITY OF MY BEING INJURED. I UNDERSTAND WHAT THEY HAVE
EXPLAINED TO ME, AND I KNOW THAT I COULD BE INJURED, POSSIBLY
SEVERE OR EVEN WORSE.
I AM WILLING TO ASSUME THE RESPONSIBILITY OF THIS IN ORDER TO BE A
PARTICIPANT IN THE EVENT THAT I WISH TO PARTICIPATE IN.
I ALSO AGREE THAT, AT ANY POINT, IF I FEEL ENDANGERED EITHER BY MY
OWN ACTIONS OR THOSE OF OTHERS, THAT I AM FREE TO WITHDRAW FROM
THE EVENT, AND WILL DO SO OF MY OWN FREE WILL.
I KNOW THAT I AM NOT GIVING UP ANY OF MY RIGHTS AND THAT IT IS OK FOR
ME TO PARTICIPATE.
I HAVE READ THE ABOVE ASSUMPTION OF RISK. I
FULLY UNDERSTAND WHAT IT MEANS, AND HAVE
SIGNED IT VOLUNTARILY.
MINOR'S FATHER'S
SIGNATURE SIGNATURE
MOTHER'S
SIGNATURE
MINOR'S OR
PRINTED LEGAL GUARDIAN(S)
SIGNATURE SIGNATURE
DATE
CLUB/PROMOTER NAME LOCATION DATE
Rev. 10/95
RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT
DESCRIPTION AND LOCATION OF EVENT DATE RELEASE SIGNED
IN CONSIDERATION of being permitted to enter for any purpose any RESTRICTED AREA(herein defined as in-
cluding but not limited to the racing surface, pit areas, infield, burn out area, approach area, shut down area, and
all walkways, concessions and other areas appurtenant to any area where any activity related to the event shall
take place),or being permitted to compete,officiate,observe,work for,or for any purpose participate in any way in
the event, EACH OF THE UNDERSIGNED, for himself, his personal representatives, heirs, and next of kin,acknowl-
edges, agrees and represents that he has, or will immediately upon entering any of such restricted areas, and will
continuously thereafter, inspect such restricted areas and all portions thereof which he enters and with which he
comes in contact, and he does further warrant that his entry upon such restricted area or areas and his participa-
tion, if any, in the event constitutes an acknowledgement that he has inspected such restricted area and that he
finds and accepts the same as being safe and reasonably suited for the purposes of his use,and he further agrees
and warrants that if,at any time,he is in or about restricted areas and he feels anything to be unsafe, he will imme-
diately advise the officials of such and will leave the restricted areas:
1. HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE the promoter, participants,
racing association,sanctioning organization or any subdivision thereof,track operator,track owner,officials,car
owners, drivers, pit crews, any persons in any restricted area, promoters, sponsors, advertisers, owners and
lessees of premises used to conduct the event and each of them,their officers and employees,all for the purposes
herein referred to as"releasees",from all liability to the undersigned, his personal representatives,assigns,heirs,
and next of kin for any and all loss or damage, and any claim or demands therefor on account of injury to the per-
son or property or resulting in death of the undersigned,whether caused by the negligence of the releasees or other-
wise while the undersigned is in or upon the restricted area, and/or, competing,officiating in, observing,working
for, or for any purpose participating in the event;
2. HEREBY AGREES TO IDEMNIFY AND SAVE AND HOLD HARMLESS the releasees and each of them from any
loss, liability,damage,or cost they may incur due to the presence of the undersigned in or upon the restricted area
or in any way competing, officiating, observing, or working for, or for any purpose participating in the event and
whether caused by the negligence of the releasees or otherwise.
3. HEREBY ASSUMES FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY, DEATH OR PROPERTY
DAMAGE due to the negligence of releasees or otherwise while in or upon the restricted area and/or while com-
peting, officiating, observing, or working for or for any purpose participating in the event.
EACH OF THE UNDERSIGNED expressly acknowledges and agrees that the activities of the event are very
dangerous and involve the risk of serious injury and/or death and/or property damage. EACH OF THE UNDER-
SIGN ED further expressly agrees that the foregoing release,waiver,and indemnity agreement is intended to be as
broad and inclusive as is permitted by the law of the Province or State in which the event is conducted and that if
any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding,continue in full legal force
and effect.
THE UNDERSIGNED HAS READ AND VOLUNTARILY SIGNS THE RELEASE AND WAIVER OF LIABILITY AND
INDEMNITY AGREEMENT,and further agrees that no oral representations,statements or inducements apart from
the foregoing written agreement have been made.
PRINT NAME HERE SIGN NAME HERE PRINT NAME HERE SIGN NAME HERE
SIGNATURE&TITLE OF WITNESS ADDRESS (AMA 1O871
Form 1069
RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT
DESCRIPTION AND LOCATION OF EVENT DATE RELEASE SIGNED
IN CONSIDERATION of being permitted to enter for any purpose any RESTRICTED AREA(herein defined as in-
cluding but not limited to the racing surface, pit areas, infield, burn out area, approach area, shut down area, and
all walkways, concessions and other areas appurtenant to any area where any activity related to the event shall
take place),or being permitted to compete,officiate,observe,work for,or for any purpose participate in any way in
the event, EACH OF THE UNDERSIGNED, for himself, his personal representatives, heirs,and next of kin, acknowl-
edges, agrees and represents that he has, or will immediately upon entering any of such restricted areas, and will
continuously thereafter, inspect such restricted areas and all portions thereof which he enters and with which he
comes in contact, and he does further warrant that his entry upon such restricted area or areas and his participa-
tion, if any, in the event constitutes an acknowledgement that he has inspected such restricted area and that he
finds and accepts the same as being safe and reasonably suited for the purposes of his use,and he further agrees
and warrants that if,at any time,he is in or about restricted areas and he feels anything to be unsafe, he will imme-
diately advise the officials of such and will leave the restricted areas:
1. HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE the promoter, participants,
racing association,sanctioning organization or any subdivision thereof,track operator,track owner,officials,car
owners, drivers, pit crews, any persons in any restricted area, promoters, sponsors, advertisers, owners and
lessees of premises used to conduct the event and each of them,their officers and employees,all for the purposes
herein referred to as"releasees",from all liability to the undersigned, his personal representatives,assigns,heirs,
and next of kin for any and all loss or damage, and any claim or demands therefor on account of injury to the per-
son or property or resulting in death of the undersigned,whether caused by the negligence of the releasees or other-
wise while the undersigned is in or upon the restricted area, and/or, competing,officiating in, observing,working
for, or for any purpose participating in the event;
2. HEREBY AGREES TO I DEM N IFY AND SAVE AND HOLD HARMLESS the releasees and each of them from any
loss, liability,damage,or cost they may incur due to the presence of the undersigned in or upon the restricted area
or in any way competing, officiating, observing, or working for, or for any purpose participating in the event and
whether caused by the negligence of the releasees or otherwise.
3. HEREBY ASSUMES FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY, DEATH OR PROPERTY
DAMAGE due to the negligence of releasees or otherwise while in or upon the restricted area and/or while com-
peting, officiating, observing, or working for or for any purpose participating in the event.
EACH OF THE UNDERSIGNED expressly acknowledges and agrees that the activities of the event are very
dangerous and involve the risk of serious injury and/or death and/or property damage. EACH OF THE UNDER-
SIGNED further expressly agrees that the foregoing release,waiver,and indemnity agreement is intended to be as
broad and inclusive as is permitted by the law of the Province or State in which the event is conducted and that if
any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding,continue in full legal force
and effect.
THE UNDERSIGNED HAS READ AND VOLUNTARILY SIGNS THE RELEASE AND WAIVER OF LIABILITY AND
INDEMNITY AGREEMENT,and further agrees that no oral representations,statements or inducements apart from
the foregoing written agreement have been made.
PRINT NAME HERE SIGN NAME HERE PRINT NAME HERE SIGN NAME HERE
SIGNATURE 8 TITLE OF WITNESS ADDRESS
(AMA 10-87)
Form 1069
AMERICAN MOTORCYCLIST ASSOCIATION
p SANCTION AUTHORIZATION
SANCTIONED w✓'nanna
This is to certify that the American Motorcyclist Association does authorize the meet identified below to be conducted as an AMA sanctioned meet.
This sanction is subject to the rules of the AMA and the conditions in the application filed for this sanction.This sanction is subject to withdrawal at any
time as provided in such rules and conditions.
Members of AMA Board of Trustees,AMA Staff,AMA Field Reps and
AMA Congress. when presenting proper credentials, are entitled to
admission to all AMA Amateur/Road sanctioned activities.Participants
must pay to ride. AUTHORIZED SIGNATURE
T I.1 '. ye ) .. . : LL SANCT.NO: SY1250 DATE: }4JJ°r 'z' >
A i'J ., L ,, l EOC: MILLIKEN C
1 DIST.®: 25-06-03530
L _ ._ REC:
CODE: 137 20 7
_r THIS SANCTION MAY BE WITHDRAWN AND VOID IN CASE ANY NON AMERICAN MOTORCYCLIST ASSOCIATION SANCTION IS OBTAINED FOR THE SAME MEET.
LIABILITY INSURANCE INVOICE 31427
The American Motorcyclist Association administers this plan as a service to its chartered clubs and
promoters.The AMA does not set premium rates nor receive any commission from insurance premiums.
Make checks payable to AMA Insurance Department•33 Collegeview Rd.Westerville,OH 43081-6114
S
o TWO RIVERS RACING LLC
• ANN M LEAHY
22437 WCR 19
o MILLIKEN , CO 80543
3- 15- 1999
r ESC'IPTI•N I AM•UNT
S Y 12 5 0 30449
FOR SANCTION NO: CERTIFICATE NO.
LIMITS OF COVERAGE FOR AMA EVENTS
PUBLIC/SPECTATOR PARTICIPANT LEGAL
LIABILITY LIABILITY
❑ $ 300,000 $ 300,000
❑ $ 500,000 $ 500,000
E $1,000,000 $1,000,000 $44 00
PAYMENT DUE BY SANCTION DATE 4-25- 1999
INSURANCE COVERAGE WILL BE CANCELLED IF PREMIUM IS NOT POST-MARKED PRIOR TO DUE DATE. ALSO SUBJECT TO LATE FEE.
ORIGINAL
George Knight & Assoc. Inc.
P.O. Box 55295 • Tulsa, OK 74155
NOT VALID WITHOUT CERTIFICATE NUMBER
Certificate No. 3 0 44 9
ADDITIONAL DECLARATIONS
Name and Address of Promoter
TWO RIVERS RACING LLC SY1250
AMA Sanction #
ANN M LEANT
22437 WCR 19
MILLIKEN CO 80543
SCHEDULE A
MOTOCROSS 04- 25- 1999
Type of Meet Date(s) of Meet
MILLIKEN , CO
Location of Meet
The Insurance afforded is only with respect to the above meet on the day(s) indicated for the following coverages, subject
to the payment of the meet premium (including policy fee). The policy limit of liability is as stated subject to all the terms
in this policy having reference thereto including those, if any listed under special conditions below.
INSURANCE COMPANY POLICY NUMBER LIMIT OF LIABILITY MEET PREMIUM '
$ 1,000,000 444 . 00
ODYSSEY Re (London) Ltd. SDM 02083 Per Occurrence
Insurance Company Bodily Injury, Property
Damage, Personal Injury
Special Conditions:
1 . ADDITIONAL INSUREDS ARE : TWO RIVERS RACING LLC , AMA , AMA DISTRICT 25
, BUT ONLY AS RESPECT CLAIMS OCCURRING AS
A RESULT OF THE INSUREDS OPERATIONS PERTAI-
NING TO A COVERED SANCTIONED MEET .
2 . ISSUED 03/15/ 1999
COVERAGE INCLUDES SPECTATOR LIABILITY , PARTICIPANT LEGAL LIABILITY .
PERSONAL INJURY , PRODUCTS LIABILITY , AND CONTRA UAL LIAB ITT .
ATTENTION: Participant legal liability coverage will be denied
if organizers fail to obtain and produce the signed "Release
and Waiver of Liability and Indemnity Agreement". George Knight soc. Inc.
Certificate of 31nourance
MOTORCYCLE EVENT LIABILITY INSURANCE
The Company in consideration of the payment of the per meet premium as specified and in reliance upon the statements in the
declarations made a part hereof,and subject to all the terms agrees with the named insured as follows:
DECLARATIONS
1. As defined in the policy the insured is
A. Named Insureds: American Motorcycle Association (d/b/a/American Motorcyclist Association/American All-Terrain Vehicle
Association)
B. Persons Insured:Employees and officials of the above acting within the scope of their duties during the conduct of a race meet,
any person or organization engaged in operating, managing, sanctioning, sponsoring or providing the premises for a
motorcycle/(ATV) racing meet.
C. Additional Persons Insured:Any participant,motorcycle/(ATV)owner or motorcycle/(ATV)sponsor limited to bodily injury or
property damage to persons other than any other participant, motorcycle/(ATV) or motorcycle/(ATV) owner sponsor.
2. Policy effective date:As stated in Schedule A beginning at 12:01 A.M.Standard Time and ending 12:01 A.M.Standard Time the day
following the day(s) of the racing meet.
Track location:Various more ciearly defined as premises where American Motorcycle Association/American All-Terrain Vehicle
Association has officially provided its sanction for a racing meet as stated in Schedule A.
Premium:The amount of premium (including policy fee) to be paid herein is as stated in Schedule A of the policy.
3. LIMITS OF LIABILITY:The insurance afforded is only with respect to the following coverages and the Company's Limit of Liability
shall be as stated and subject to all the terms of this Policy having reference thereto:
Regardless of the number of (1) insureds under the policy, (2) persons or organizations who sustain bodily injury or property
damage, (3) claims made or suits brought on account of bodily injury or property damage, the Company's liability for loss
hereunder is limited to the policy limit of liability as stated in Schedule A for the premium paid.
WARRANTIES- CONDITIONS AND LIMITATIONS OF COVERAGE in addition to the premium
Notwithstanding anything to the contrary contained herein, in consideration of the coverage provided,
charged, it is agreed that the insured warrants the acts and activities,insured herein,shall conform with the following agreements.
It is further agreed that no coverage shall be provided in the event of failure to conform with the following agreements,however,should
the failure in conformity be temporary such cessation of coverage shall apply only to the term of interruption.
In addition,any premium unearned due to interruption in coverage as a result of failure to conform with the following agreements shall
be returned to the insured upon demand.
Agreements
A. Each meet shall be conducted in compliance with the most current competition rule book.
B. Precautions must be taken to restrain unauthorized persons from being on the race course.
C. The promoter must provide adequate fencing and other means of crowd control to protect the spectators from injury during the
meet.
'-1. Ropes and/or banners are not acceptable.
2. Nylon netting is not acceptable.
D. The promoter must display a notice stating that(spectators witnessing these events thereby assume all risks for any injuries or
damages resulting thereform).
E. The promoter shall supply a sufficient number of police or marshals to clear the track and fences of spectators and otherwise
insure safety.
4. INSURING AGREEMENTS:
Coverage A— Bodily Injury Liability
Coverage B— Property Damage Liability
The Company will pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages
because of Coverage A. Bodily Injury or
Coverage B. Property Damage (subject to°250. deductible)
to which this insurance applies,caused by an occurrence and arising out of the ownership,maintenance,or use of the track
location stated in the Declarations for the following:
(1) Racing liability
for the purpose of motorcycle/(ATV) racing meets on covered race meets.
(2) Refreshments (food and drink) products liability
for refreshment products manufactured, sold, handled or distributed by the insured during a covered meet.
The Company shall have the right and duty to defend any suit against the insured seeking damages on account of such bodily
injury or property damage,even if any of the allegations of the suit are groundless, false or fraudulent, and may make such
investigation and settlement of any claim or suit as it deems expedient,but the Company shall not be obligated to pay any claim
or judgment or to defend any suit after the applicable limit of the Company's liability has been exhausted by payment of
judgments or settlements.
5. PERSONS INSURED: Each of the following is an insured under this insurance to the extent set forth below:
(a) The named insured and any executive officer,director,employee,trustees,or stockholder thereof while acting within the scope
of his duties as such and any officials required or permitted by the rules for competition of professional race meet while acting in
their official capacity in the conduct of such race meets.
(b) Officials required or permitted by the rules for competition of a race meet while acting in their official capacity in the conduct of a
race meet.
(c) Any person or organization engaged in operating, managing, sanctioning. sponsoring, or providing the premises for a
motorcycle/(ATV) racing meet.
(d) Any participant, motorcycle owner/(ATV). or motoicycle/(ATV), sponsor but only with respect to bodily injury or property
damage-to-parsons other than-any other participant,mutu,cyctet(ATV) owner, or motorcycle/(ATV) sponsor.
(e) With respect to the operation,for the purpose of'locomotion upon a public highway,of mobile equipment registered under any
motor vehicle registration law:
(i) an employee of the insured while operating any such equipment in the course of his employment,and
(ii) any other person while operating with the permission of the insured any such equipment registered in the name of the
insured and any person or organization legally responsible for such operation, but only if there is no other valid and
collectible insurance available,either on a primary or excess basis,to such person or organization:provided that no person
or organization shall be an insured under this paragraph (e) with respect to:
(a) Bodily injury to any fellow employee of such person injured in the course of his employment, or
(b) Properly damage to property owned by,rented to,in charge of or occupied by the named insured or the employer of any
person described in subparagraph (ii).
This insurance does not apply to bodily injury or property damage arising out of the conduct of any partnership or joint venture of which
h
the insured is a partner or member and which is not designated in this Policy as a named insured,except this does not apply to
American Motorcycle Association/American All-Terrain Vehicle Association.
The insurance afforded applies separately to each insured against whom claim is made or suit is brought,except with respect to the
limits of the Company's liability.
II EXCLUSIONS
This insurance does not apply:
(a) to bodily injury to any unauthorized person in the restricted area during a racing meet unless a reasonable effort has been made to
prevent entry. Restricted Area means the racing surface and any area where a competition motorcycle is being ridden or any area
requiring special authorization,credentials,or permission to enter,or any area to which admission by the general public is restricted
or prohibited.
(b) to properly damage to
(1) property owned, used or occupied by or rented to the insured,or
(2) property of any participant or employee,and/or any automobile except when in the designated general public spectator
parking area,or
(3) any motorcycle/(ATV)while racing or practicing,or
(4) property in the care, custody or control of the insured or as to which the insured is for any purpose exercising
physical control;
(c) to liability assumed by the insured under any contract except an incidental contract:
(d) to bodily injury or property damage which may arise from the sale,consumption,handling or use of any refreshment or
goods,of any nature supplied by the insured at the location or locations covered hereunder,occurring after the insured has
relinquished possession thereof to others.This exclusion does not apply to coverage provided by the Insuring Agreement—
Refreshment(food and drink) Products Liability;
(e) to bodily injury or property damage arising from structural alterations. new construction, or demolition operations;
(f) to the ownership, maintenance, operation, or Use of elevators; any amusement ride or device: fireworks or any material
Intended for use as any explosive;any jet propelled,rocket propelled,or nuclear powered vehicle or by means of jet or rocket
propulsion or nuclear powered for locomotion (including demonstration, practicing acceleration,testing or racing of any
description);aircraft landing strip or strips,runways or fields designed or designated as aircraft landing and/or takeoff areas
unless specifically agreed and endorsed hereon;
(g) to bodily injury or property damage for which the insured or his Indemnitee may be held liable
(.1) as a person or organization engaged in the business of manufacturing, distributing, selling or serving alcoholic
beverages,or
(2) if not so engaged, as an owner or lessor of premises used for such purposes, if such liability is imposed
(i) by,or because of the violation of,any statue,ordinance or regulation pertaining to the sale,gift,distribution or use of
any alcoholic beverage,or
(Ii) by reason of the selling,serving or giving of any alcoholic beverage to a minor or to a person under the influence of
alcohol or which causes or contributes to the intoxication of any person;
(h) toranya oobli�tion fornt which thn insured
or disability arri r as law,his insurer under any similar e d lilawable under any workmen's compensation,
u(I) to bodily injury to any employee of the insured arising out of and in the course of his employment by the Insured or to any
obligation of the Insured to indemnify another because of damages arising out of such injury.
(j) to bodily injury or property damage arising out of the ownership, maintenace or use of any
(1) motorcycle/(ATV)which is not authorized by the named insured or the insureds to actually perform and compete in the
racing meet,except this exclusion shall not apply as respects the named insured.
(2) motorcycle/(ATV), automobile,aircraft, or watercraft by an Insured away from the premises Insured herein;
(k) to bodily injury or property damage due to war,whether or not declared,civil war,Insurrection,rebellion or revolution or to
any act or condition incident to any of the foregoing,with respect to
(1) liability assumed by the insured under incidental contract,or
(2) expenses for first aid under the Supplementary Payments provision;
(I) to bodily injury or property damage arising out of and in the course of the transportation of mobile equipment by an automobile
owned or operated by or rented or loaned to any insured.
(m) to bodily injury or property damage arising out of any racing meet,event, or meet other than a covered meet;
(n) to bodily injury or property damage,arising out of the discharge,dispersal,release or escape of smoke,vapors,soot,fumes,
acids,alkalis,toxic chemicals,liquids or gasses,waste materials or other irritants,contaminants or pollutants into or upon land,
the atmosphere or any water cuurse or body of water;but this exclusion does not apply if such discharge,dispersal,release or
escape Is sudden and accidental;
(o) to bodily injury to a participant unless the Insured shall deliver to the Company simultaneously with the notice of a participant's
claim a valid"Waiver and Release from Liability and Indemnity Agreement"in the form prescribed by the Company dated and
signed by the participant prior to the time of occurrence in which said participant was Injured.The Company's maximum limit of
liability of loss herein as a result of bodily injury to any participant is the limit of liability in effect for the Insured event.
(p) to bodily injury or property damage arising from ice breakage including loss,injury,or death by drowning resulting thereform.
7. COVERAGE C—PERSONAL INJURY LIABILITY
The Company will pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because
of injury(herein called Personal Injury) sustained by any person or organization and arising out of one or more of the following
offenses committed during a covered meet.
Group A — false arrest,detention or imprisonment, or malicious prosecution;
Group B — the publication or utterance of a libel or slander or of other defamatory or disparaging material,or a publication or
utterance in violation of an individual's right of privacy;except publications or utterances in the course of or related to
advertising, broadcasting or telecasting activities conducted by or on behalf of the insured.
Group C — wrongful entry or eviction, or other invasion of the right of private occupancy:
If such offense is committed during the policy period within the United States of America,its territories or possessions,or Canada,
and the Company shall have the right and duty to defend any suit against the Insured seeking damages on account of such Personal
Injury even if any of the allegations of the suit are groundless,false or fraudulent,and may make such investigation and settlement of
any claim or suit as it deems expedient.but the Company shall not be obligated to pay any claim or judgment or to defend any suit
atter the applicable limit of the Company's liability has been exhausted by payment of judgments or settlements.
EXLCUSIONS—PERSONAL INJURY LIABILITY
This insurance does not apply:
(a) to liability assumed by the insured under any contract or agreement;
(b) to Personal Injury arising out of the wilful violation of a penal statute or ordinance committed by or with the knowledge or
consent of any insured;
(c) to Personal Injury sustained by any person as a result of an offense directly or indirectly related to the employment of such
person by the named insured;
(d) to Personal Injury arising out of any publication or utterance described in Group B,it the first injurious publication or utterance
of the same or similar material by or on behalf of the insured was made prior to the effective date of this insurance;
(e) to Personal Injury arising out of a publication or utterance described in Group B concerning any organization or business
enterprise,or Its products or services, made by or at the direction of the insured with knowledge of the falsity thereof.
PERSONS INSURED—PERSONAL INJURY LIABILITY
Each of the following is an insured under this insurance to the extent set forth below:
(a) the named insured and any executive officer.director,employee,trustees or stockholder thereof while acting within the scope of
his duties as such;
(b) officials required or permitted by the rules for competition of a race meet while acting in their official capacity in the conduct of a
race meet;
(c) any person or organization engaged in operating,managing,sanctioning,sponsoring or providing the premises for a covered
meet.
This Certificate of Insurance neither affirmatively nor negatively amends. extends or alters the coverage afforded by any policies
described herein. Rather, it is simply a synopsis or summary of the policy which is in the possession of the American Motorcycle
Association/American All-Terrain Vehicle Association and may be inspected by any Insured Persons at any time during business hours
at the office of the American Motorcycle Association/American All-Terrain Vehicle Association.
George !night & 41tnocitttes, gins.
P.O.Box 55295 • 1Ulsa,Oklahoma 74155
Phone:918-258-4745 • Fax:918-258-5416
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