HomeMy WebLinkAboutE-8 2017 MarathonCONSENT ITEM
E-8
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: TROY L. BUTZLAFF, ICMA-CM, CITY MANAGER
FROM: KURT E. CHRISTIANSEN, FAICP
ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR
DATE: OCTOBER 3, 2016
SUBJECT: CONSIDERATION OF AN OUTDOOR EVENT PERMIT APPLICATION FROM
BROOKSEE, LLC, TO OPERATE A MARATHON AND A HALF-MARATHON
FOOTRACE THROUGH THE CITY OF AZUSA IN 2017.
SUMMARY:
Brooksee, LLC., has submitted a request for an Outdoor Event Permit to hold the Revel Canyon City
Marathon, which consists of a full marathon and half marathon, in November of 2017. Staff has had
meetings with the applicant over the past 6 months to finalize plans for the 2017. The applicant has
been receptive to suggested changes to the event, including looking at moving the finish line to a
downtown location. This action authorizes the City Manager to execute an Outdoor Event Permit
agreement for the 2017 event.
RECOMMENDATION:
Staff recommends that the City Council take the following action:
1) Authorize the City Manager to execute the Outdoor Event Permit agreement for the 2017 Revel
Canyon Marathon, operated by Brooksee LLC., in a form acceptable to the City Attorney, on
behalf of the City.
DISCUSSION:
Brooksee, LLC, has held the Revel Canyon City marathon/half-marathon, finishing in the City of Azusa,
since 2014, with the 2016 race scheduled for Saturday, November 12th. Participation for the event has
grown over the past three years.
PARTICIPATION NUMBERS
Approved
Council Meeting
10/03/2016
Outdoor Event Permit Application from Brooksee LLC
October 3, 2016
Page 2
YEAR PARTICIPANTS
2014 1,640
2015 2,780
2016 3,000 (estimate)
Brooksee, LLC is proposing to operate a marathon and half marathon, using the same operating
parameters from their previously approved events, on November 4, 2017. Set-up days would be
November 3, 2017. The route is being reviewed based on City Staff input and Brooksee is trying to
revise the route to end in front of City Hall. They are requesting approval of an Outdoor Event Permit,
similar to the previous agreement for the 2015 and 2016 Revel Canyon Marathons, based on the
attached Draft Conditions of Approval (Attachment 1). The Police Department and the Public Works
have submitted draft conditions of approval, based on the 2015 and 2016 Marathons. The 2017
marathon plans would need to be reviewed by both these Departments, prior to the final event route and
operation approval. In the event that circumstance may require a change in the proposed route or
operations, the applicant is requesting that they be allowed to revise the site plan and operations plans
accordingly, with the approval of the involved City Departments, without returning to the City Council.
The applicant has provided the Brooksee 2017, see (Attachment 2). The City Attorney and the Human
Resources Department have prepared the attached Outdoor Event Permit Agreement (Attachment 3) for
the proposed events and Attachment 4 for the reimbursement letter of agreement.
The following is a list of benefits that Brooksee has offered as part of the 2017 Marathon special event
permit:
Potentially revising the Finish Line to be in front of City Hall;
Logo and link to the City website on the sponsor scroll and sponsor page of the event website;
Write-up on the Sponsor Page of the event website;
Welcome Letter from the Mayor;
Social Media Posts/Advertising;
Public Address (PA) script for Emcee at the finish line;
Booth space at the Expo & Finish Line;
Participant Bag Inserts;
Complimentary Race Entries;
Logo placement on event collateral
o Results Cards
o Race Bibs
o Shirts
o Finish Arch
o Medal Ribbon
o Participant Race Guide
City Highlight during the awards ceremony
Assistance with City 5K/fun run
Donation to Recreation and Family Services Department
Outdoor Event Permit Application from Brooksee LLC
October 3, 2016
Page 2
FISCAL IMPACT:
The $2.00 per participant registration fees is expected to increase General Fund revenues by
approximately $5,586 in FY2017-18. The revenues will be used to supplement the Recreation and
Family Services budget.
The applicant will deposit $5,000 into a trust account with the City prior to the event date. The
applicant has also agreed to reimburse the City for any required personnel and administrative costs, as
required by the conditions of approval (Attachment 1) and reimbursement letter (Attachment 4). In
addition, the applicant will be required to provide an insurance policy to insure the applicant against all
liability incurred by them to the City or to any person, which liability arises pursuant to the agreement
required by the City or arising from the conduct of the outdoor event. Finally, the applicant will be
responsible to reimburse all owners and occupants of property along the race route for all damages of
any kind to such owners or occupants or to their property caused by the applicant or by any person
participating in the event, which damage would not have occurred had the outdoor event not been held,
and have a policy of insurance against such risks.
Prepared by: Fiscal Impact Reviewed by:
Kurt E. Christiansen, FAICP Talika M. Johnson
Economic and Community Development Director Director of Finance
Reviewed and Approved Reviewed and Approved
Louie F. Lacasella Troy L. Butzlaff, ICMA-CM
Management Analyst City Manager
ATTACHMENTS:
1) Conditions of Approval
2) Brooksee 2017 Traffic, Safety and Medical Plan
3) Outdoor Event Permit Agreement
4) Reimbursement Letter
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Exhibit "A"
Draft City Council Conditions of Approval
Case No: REVEL Canyon City 2017 MARATHON and HALF-MARATHON
Address: City-wide
Project: City-wide Marathon and Half-marathon footrace to be held on Saturday,
November 4, 2017, from 4:00 a.m. to 4:00 p.m. Event participants will
gather at the Citrus College parking lot and be bused to the race starting line
in the San Gabriel Mountains on SR#39. The race route will continue south
on SR#39 to the northern border of the City of Azusa, progress down Azusa
Avenue (SR#30), turn east onto 9th street to turn right onto Palm Avenue, turn
right and head east along Foothill Boulevard concluding in front of Azusa
City Hall. The Azusa City Hall will host the Race Command Center,
equipment parking and race participant bag pick-up area.
A. All requirements of the Planning Division shall be met, including but not limited to the
following:
1. The permit to allow an outdoor event shall be exercised only for the November 3 &
4, 2017 set-up and event dates or said permit shall expire and be subject to
revocation, unless an extension of time is approved in compliance with Section
88.52.040 of the Development Code. The permit shall not be deemed “exercised”
until the applicant has commenced preparation or operation of the use, for projects
not requiring building permits.
2. The applicant shall deposit $5000.00 into a reimbursement City trust account for any
Planning Division, Building Division, Code Enforcement, Azusa Light & Water
Department, Police Department or Public Works administrative fees.
3. The applicant shall implement the approved Traffic, Safety and Medical Plan as
detailed in the attached Exhibit B.
4. All applicable Police Department, Fire Department and Public Works requirements
shall be met at all times.
5. All uses shall be in substantial conformance with the approved site plan and
Conditions of Approval.
6. Applicant shall provide and maintain litter receptacles along the event route and be
responsible for keeping the receptacle and the area around it clean and free of excess
trash or debris at all times.
7. Concrete trash cans or other removable enclosures that might be able to conceal
explosive devices shall be removed by Azusa Public Works or applicant the day prior
to the event. Trash cans should be replaced with cardboard or plastic trash cans.
8. The applicant shall reimburse all owners and occupants of property along the race
route for all damages of any kind to such owners or occupants or to their property
caused by the applicant or by any person participating in the event, which damage
would not have occurred had the outdoor event not been held, and a policy of
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insurance against such risks.
9. The applicant shall provide an emergency communications system sufficient to meet
the emergency requirements of the police and fire departments.
10. The applicant shall clear the event area of all litter, trash, debris, and event-related
equipment and materials within 48 hours of the event’s completion.
11. After a hearing sufficient to allow the applicant to explain his conduct, the council
may revoke, suspend or modify a permit for an outdoor festival where the applicant
has violated this article or conditions of the permit.
11. The applicant shall coordinate with City Staff to provide the Race Command Center,
equipment parking and race participant bag pick-up areas at the center.
12. If it becomes necessary for the City to take any legal action or commence any
administrative proceedings against the applicant or any successor in interest in order
to enforce any of the conditions of approval set forth herein, the City shall recover
from the applicant or successor in interest reasonable attorney's fees and other
reasonable costs incurred in such action or proceeding, provided that the City is the
prevailing party in any portion of such action or proceeding.
13. The applicant or successor in interest shall be the real party in interest and shall
assume primary responsibility for the defense of any legal action or proceeding
commenced against the City to challenge the City's approval of Land Use
Entitlements and/or the City's approval related to such land use approval. The
applicant or successor in interest shall reimburse the City for all reasonable attorneys’
fees and other reasonable costs incurred by the City in defending such action or
proceeding.
14. By accepting approval of the Land Use Entitlements subject to the conditions set
forth herein, the applicant or successor in interest shall be deemed to have agreed to
the terms and conditions set forth herein and the City shall have the right to enforce
in its sole discretion such terms and conditions by pursuing any and all available legal
and equitable remedies.
15. Any changes to the conditions listed above must be approved by the City Council.
B. All requirements of the Police Department shall be met, including but not limited to the
following:
1. The following draft condition of approval shall be revised and modified, based on
prepared and submitted traffic control plans for the proposed route and affected areas.
2. Handicap accessibility shall be considered and implemented. All applicable A.D.A.
guidelines shall be adhered to.
3. The event organizer shall provide the Azusa Police Department with the names,
address and phone numbers of (2) two on-site responsible persons for the event.
4. The event organizer shall provide a list of contact numbers for all responsible parties
that are involved with the marathon on race day (outside agency contacts, contract
security supervisor, contract emergency vehicles and other involved parties).
5. Because cell phone communication is not an option at all locations in the canyon,
satellite phones shall be used for communication on the race course. A satellite
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phone must be provided to the on-duty watch commander, command post and traffic
supervisor to maintain contact at all times with event personnel.
6. The event organizer shall supply adequate proof of insurance to meet City
requirements and an indemnification for the City, and the Police Department.
7. The event organizer shall also contact City of Azusa Human Resources Department
on event employee staffing requirements.
8. A list of names of employees and volunteers shall be provided to the police
department.
9. If an outside event security company is used for this event, these security guards shall
be from a bona fide, fully licensed and bonded security company. The applicant shall
provide proof of license and security company, prior to the event.
10. Due to concern regarding the limited amount of on-site parking, the applicant shall
comply with all parking provisions and conditions set forth by the City’s Planning
and Building Departments.
11. The event organizer will also follow all recommendations from the Traffic and
T.L.O. Division of the Azusa Police Department.
12. Vendors and exhibitors will be required to obtain the requisite health, business
license and fire permits.
13. If alcohol is to be served at either event, applicant shall provide the proper A.B.C.
license and permit. Copies of the A.B.C. license and permit must be provided to the
Azusa P.D.
14. The event organizer shall also provide a signed lease agreement for properties that
they have secured for this event.
15. Should there be any significant violent crimes or peace disturbances directly
associated with the event, it is understood that the police department will have the
right to immediately request the event be terminated. This decision would be made
by the on scene supervisor or watch commander.
16. The applicant shall adhere to the approved site plans and Conditions of Approval and
shall reimburse the City of Azusa Police Department for any costs incurred in the
preparation and implementation of the events, based on the following estimated
personnel requirements.
17. The following estimated personnel requirements and costs may be modified or
increased, prior to the event, at the discretion of the City of Azusa Police Department
Traffic Division Required Personnel
18. Total Fixed post positions = 16; 8 hours each = 128 hours total each event; (11-7-
15 & 11-5-16 @ 0600 – 1400 hours each event)
19. Fixed Posts: (Will be revised based on new route)
• San Gabriel & Ellsworth = 1 officer (Area D Personnel)
• San Gabriel & Sierra Madre = 2 officers (Area D Personnel)
• San Gabriel & Ranch Road = 1 officer (Area D Personnel)
• Eleventh & Azusa = 2 officers (Area D Personnel)
• Tenth & Azusa = 2 officers (Area D Personnel)
• Ninth & Azusa = 1 officer (Area D Personnel)
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• Foothill & San Gabriel = 1 officer (Area D Personnel)
• Foothill & Azusa = 1 officer (Area D Personnel)
• Foothill & Alameda = 1 officer (Area D Personnel)
• Foothill & Dalton = 1 officer (Area D Personnel)
• Foothill & Soldano = 1 officer (Area D Personnel)
• Foothill & Pasadena = 1 officer (Area D Personnel)
• Foothill & Cerritos = 1 officer (Area D Personnel)
20. Motor Officers:
a. Fixed Posts divided into 3 sectors.
• 1 motor officer per sector = 3 motor officers (Sanchez – Ascar – Zamora)
• 1 traffic supervisor (Sgt. Schmidt)
b. Total Motor Officers = 4
10 hours each = 40 hours total each event; (11-7-15 & 11-5-17 @ 0500 –
1500 hours each event )
21. Community Service Officers:
a. 1 CSO per sector = 3 CSO’s (or Police Aide)
• 10 hours each = 30 hours total each event
• (11-7-15 and 11/5/16 @ 0500 – 1500 hours)
22. Total Personnel /Hours:
a. 20 officers / 168 hours
b. 3 CSO’s or PA’s / 30 hours
Terrorism Liaison Officer Required Personnel
23. Overnight Closure
a. Bus Loading Zone:
• Minimum of 2 officers
• 9 hours each = 18 hours total
• (11-6-15 and 11-4-16@ 2100 hours to 11-7-15 & 11-5-16 @ 0600 hours)
b. Finish Venue:
• Minimum of 1 supervisor, 3 officers, a bomb detecting K9 team
• 9 hours each = 45 hours total; (11-6-15 and 11-4-16 @ 2100 hours to 11-
7-15 & 11-5-16 @ 0600 hours each event )
c. Total Personnel/Hours: 7 officers / 63 hours each event
24. Race Day / Finish Venue:
a. Minimum of 1 supervisor, 8 uniformed officers, 2 undercover officers, a
bomb detecting K9 team, and a Community Service Officer each event
b. Approximately 10 hours each event = 130 hours; (11-7-15 & 11-5-16 ,
approximately 0500 hours – 1500 hours, each event)
c. Total Personnel/Hours: 13 officers / 130 hours each event
25. Combined Overnight and Race Day TLO Deployment: 20 officers /
approximately 193 hours each event.
Bus Loading Zone
26. Bus loading shall take place on Foothill Blvd., between Rockvale Av. and the eastern
driveway entrance/exit of the Foothill Vista Mobile Home Park located at 840 E.
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Foothill Blvd.
a. The roadway shall be closed to vehicular traffic between these two points. This
closure will allow for residential access to the mobile home park and the “Citrus
Cove” homes at 700 Orchard Loop. Residents of the Sierra Palms condo complex
will need to access their residences from the north end of Palm Dr.
27. Foothill Blvd. shall be closed between 11-6-15 @ 2200 hours and 11-17-15 (2015
event) and 11-4-16 @ 2200 hours and 11-15-16 (2016 event) @ 0520 hours each
event (approximate time of the last bus departure). Any intersecting roadways or
driveway entrances/exits inside the closure area should be barricaded and staffed with
volunteers to direct traffic to alternate routes.
28. Once the bus loading zone is closed, a bomb detecting K9 team shall be deployed to
sweep the area for any pre-existing threats.
29. A minimum of two (2) officers shall maintain security of the area until the roadway is
open again.
30. Participants are subject to search and should only be allowed to use clear plastic bags
provided by Brooksee as carry-on for the bus ride or for bag check at start line.
Race Route
31. Traffic control officers along the marathon route shall also act as TLO observers,
monitoring the route for potential threats while maintaining a safe and secure event
environment. This should be discussed during traffic control briefing.
32. Unless immediate action is necessary, any identified or reported suspicious activity
will be reported to the Command Post for appropriate response.
Finish Venue
33. The Finish Venue shall be configured as shown on the approved Brooksee finish
venue proposal.
34. Access between the Finisher Corral and the Vendor & Sponsor areas shall be
controlled by Brooksee volunteers. No one other than runners and staff shall be
permitted in the Finisher Corral. Once a runner leaves the Finisher Corral they shall
not be permitted back in.
35. The Vendor & Sponsor area shall be located in the north half of the north parking lot
of the shopping center. The area shall be separated from the parking area using
barricades and vehicles where possible. Each north/south driveway between the
parking stalls shall be staffed with a volunteer to assist vehicles with parking and
traffic control needs.
36. Any concrete trash cans or other removable enclosures that might be able to conceal
explosive devices shall be removed by Azusa Public Works or area business owners
the day prior to the event. Trash cans should be replaced with cardboard or plastic
trash cans.
37. Foothill Blvd. , between Palm and Azusa Avenue shall be closed between 11-6-15 @
2200 hours and 11-7-15 @ 1430 hours (2015 event) and shall be closed between 11-
4-16 @ 2200 hours and 11-5-16 @ 1430 hours (2016 event), approximately one
hour after last runner crosses finish line.
38. Any intersecting roadways or driveway entrances/exits inside the closure area shall
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be barricaded and staffed with volunteers and /or officers to direct traffic to alternate
routes.
39. Once the finish venue is closed, a bomb detecting K9 team will be deployed to sweep
the area for any pre-existing threats.
40. A minimum of four (4) officers, including a supervisor shall maintain security of the
area until officers working the finish venue deploy at 0600 hours.
41. At 0600 hours, officers working the finish venue shall deploy to assigned posts to
secure the area. A minimum of one (1) supervisor, eight (8) uniformed officers, two
(2) undercover officers, a bomb detecting K9 team and a Community Service Officer
shall be deployed until the roadway is open again at approximately 1430 hours.
42. Several police vehicles (patrol cars, SWAT trucks, Mobile Command Post, etc.) shall
be deployed in high visibility areas as decoys.
43. In addition to the Race Command Center located within the shopping center, a
secondary offsite Law Enforcement Command Post shall be located nearby.
44. LASD Bomb Squad will be notified of the event prior to race date so they are aware
of potential for immediate response.
45. An Area D tactical alert shall be broadcast to mutual aid agencies.
46. The Los Angeles County Fire Department, area hospitals, and El Monte Air Support
shall be notified of the event in advance.
47. In the months and days leading up to the event, the FBI, the Los Angeles Joint
Regional Intelligence Center (JRIC), and Infraguard shall be monitored for threat
information.
C. All requirements of the Fire Department shall be met, including but not limited to the
following:
1. The applicant shall adhere to the approved site plans and Conditions of Approval and
shall reimburse the City of Azusa and the Los Angeles County Fire Department for
any costs incurred in the preparation and implementation of the event.
2. Before the event, the Applicant shall provide the Fire Department with all street
closures and times to allow for alternate response routes for 911 responses
throughout the area affected.
D. All requirements of the Public Works Department shall be met, including but not
limited to the following:
1. The applicant shall prepare and submit traffic control plans for the proposed route
and effected areas. Changeable message boards announcing the proposed traffic
impacts shall be installed a minimum of one week in advance of the event date.
2. The applicant shall adhere to the approved site plans and Conditions of Approval and
shall reimburse the City of Azusa and the Department of Public Works for any costs
incurred in the preparation and implementation of the event.
2017 & 2018 Traffic, Safety, & Medical Plan
Last Updated: Sept 23, 2016
This document outlines the traffic control, safety, and medical plan for the Revel Canyon City Marathon &
Half, to be held on Saturday, 11/04/17 and 11/03/18. Both races will begin in San Gabriel Canyon (CA 39) in
the Angeles National Forest, and end in the City of Azusa. Brooksee’s principal concern is the safety of our
participants and of the public. As an organization, we wish to stress that we will take all necessary steps in order
to ensure a safe event for all affected stakeholders.
Participation
We anticipate that roughly 1,600 people will compete in the full marathon, and roughly 1,600 people will
compete in the half marathon each year. In addition, we expect that each participant will have on average 1 to 2
spectators at the event finish line. Spectators will not be allowed in the canyon portion of the race--spectating
will be at the finish venue or along the race route outside of the canyon. We will also have roughly 300
volunteers and support staff on race day. This number includes personnel at aid stations along the route, at the
starting venues, and at the finish venue.
Parking
Half marathon participants will park in designated lots of Citrus College (lots S2, S4, and S6). Full marathon
participants will park in APU’s Drive-In Lot. Within these lots there is capacity for all expected participant
vehicles; therefore we do not anticipate that participants will find it necessary to park elsewhere in the
surrounding areas. Uniformed event staff members and volunteers will be present to direct parking and ensure
that safe conditions are maintained in the parking lots. We anticipate that participants will begin to arrive in the
parking lots shortly after 3:30 AM.
Busing
Half marathon participants will be loaded onto buses along Citrus Ave, between University Way & Foothill
Blvd (adjacent to the APU track complex). The half marathon buses will line up in the #2 lane, facing north.
Once full, they will exit the area by heading north on Citrus Ave and using Barranca north to Sierra Madre and
thence up the canyon. Half marathon buses will be loading and leaving between 4:30 and 5:30 AM.
Full marathon participants will be loaded onto buses along Foothill Blvd, across from Cerritos Ave. The full
marathon buses will line up in the #2 lane, facing west. Once full, they will exit the area by heading west on
Foothill Blvd and north on Azusa Ave and thence up the canyon. Full marathon buses will be loading and
leaving between 4:00 and 5:00 AM.
Course Routes
The races will begin at 7:00 AM at two separate locations, approximately 13 miles apart. The half marathon will
start roughly nine miles up the highway from the mouth of the canyon, at the OHV recreation area parking lot.
The full marathon will start on Crystal Lake Road, roughly 0.40 miles below the Crystal Lake Café parking lot.
Both races will proceed south down the highway, using the northbound lane. Once the full marathon route
reaches the half marathon starting point, the two courses follow the exact same route.
As participants exit the canyon, they will continue south on CA 39, continuing to use the northbound lane.
Participants cross Sierra Madre Ave and continue south on Azusa Avenue in the #3 lane. The course then turns
left (east) onto 9th St, then right (south) onto Palm Dr. The race then turns right (west) on Foothill Blvd and
finishes with a final right (north) turn onto Alameda Ave, where the finish line will be located adjacent to the
southwest lawn at Azusa City Hall.
Uniformed traffic control personnel and event staff will be present along every portion of the route in order to
direct participants and answer the concerns of the public. See Exhibit B for a timetable that outlines where
participants will be at certain intervals of the event.
Traffic Control on San Gabriel Canyon Road
We have engaged Traffic Management Inc., a licensed traffic control and engineering company, to oversee
traffic logistics. Traffic control plans for San Gabriel Canyon Road (CA 39) are outlined below:
Half Marathon Start Line: Buses will drop runners off at the OHV recreation area, where the runners
will stage. The buses will then continue up the canyon and turn around in the large paved pullout area
located roughly 1.25 miles past the half marathon start line. The buses will then exit the canyon.
Full Marathon Start Line: In order to avoid congestion with the half marathon buses, the majority of
the buses transporting full marathon participants will enter the canyon before the half marathon buses.
Full marathon buses will drop runners off at the Crystal Lake Café parking lot. The buses will then
continue up the road to the upper campground parking area and turn and exit the canyon.
San Gabriel Canyon Road (CA 39): It is planned for runners to be on the highway in the canyon from
7:00 AM until 12:30 PM. During this time, the northbound lane of traffic will be reserved for runners.
Candlestick cones will be placed every 40 feet (or more, depending on Caltrans guidelines) down the
canyon to separate runners from vehicles. TMI will place “No Parking” signage in all pullout areas
along the highway 72 in advance of the event. At 6:15 AM, regular traffic patterns in the canyon will
close and the pilot escort plan described below will commence.
Police escort Plan: Because only the southbound lane of traffic will be open to vehicles in the canyon,
we will use a police pilot escort system to ensure that traffic flows as safely and as freely as possible.
Members of the California Highway Patrol (CHP) will take on the role of pilot escorts, with patrol
vehicles stationed at the mouth of the canyon near Mirador Drive, as well as behind the last runner to
hold traffic behind the participants. Officers will communicate and coordinate traffic flow up and down
the canyon using the southbound lane during this time (6:15 AM to 12:30 PM). The first pilot escort
will head north up the canyon at exactly 6:40 AM. The second escort will leave at exactly 7:00 AM. All
other escorts after 7:00 will occur as quickly as possible based on the ability of CHP vehicles to navigate
up and down the canyon. See Exhibit C for a graphical representation of the plan. It should also be noted
that by roughly 10:30 AM all participants will have passed the East Fork Road turnoff, thus leaving that
road completely open as a detour route.
Mountain Cove Neighborhood: Azusa PD will conduct a separate escort between the vehicle staging
area and the Mountain Cove community, taking residents of Mountain Cove to their homes. An Azusa
PD officer will walk the line of waiting vehicles and direct Mountain Cove residents to wait in an
expedited line to be taken with this escort.
Sag Wagon: To ensure that the time frames listed above are adhered to, a sag wagon (staff escort
vehicle) will collect all participants who are still on the course in the canyon at 12:30 p.m. and escort
them to the mouth of the canyon.
Communication in the Canyon
Because cellular and satellite phones do not function well in the canyon, the CHP communication channels will
be used as the primary source of communication. The pilot escort vehicles traveling up and down the canyon
will also act as messengers to relay important information to the aid stations along the route if necessary.
Access for Emergency Vehicles
If it becomes necessary for emergency vehicles to enter or exit the canyon, they will be able to do so at any
time. Using the CHP communications channel, word will be sent that emergency vehicles will be entering the
canyon. If, at the time of emergency, the escort train is traveling north up the canyon, nothing will obstruct the
path of the emergency vehicles. The north-bound escort train will simply be instructed to continue up the
canyon and the next south-bound escort train will be instructed to not leave until the emergency has been
cleared.
If at the time of emergency the escort train is traveling south down the canyon, measures will be taken to ensure
that emergency vehicles have open access on their way up. Communication will be sent via CHP that
emergency vehicles will be entering the canyon. The pilot escort will stop the escort train and direct vehicles to
pull to the shoulder. CHP will then direct runners to move to the opposite shoulder in their lane. The escort train
will remain parked in southbound lane and runners will be moved to the shoulder of the northbound lane until
the emergency vehicle has passed. During this time, CHP will direct participants to continue single-file along
the shoulder until the situation has cleared.
As noted above, it should be remembered that by roughly 10:30 all participants will have passed the East Fork
Road turnoff, thus leaving that road completely open as a detour route.
We have engaged American Medical Response (AMR) to provide three ambulances for the event. One
ambulance will be stationed at the finish venue. Another ambulance will be stationed at the bottom of the
canyon near the pilot escort staging area, and a third ambulance will constantly follow behind the last runner.
The middle ambulance will be used to respond to participant emergencies that occur in the canyon unless the
rear ambulance is in closer proximity. This middle ambulance will be stationed near the CHP officers at the
pilot escort staging area so that the CHP communications channels can be used to alert the ambulance of
transport needs.
Traffic Control in Azusa
Once exiting the canyon, runners will continue south on Azusa Ave. The entire east side of the road will be
closed and reserved for runners. After crossing Sierra Madre runners will continue on the east side of Azusa
Ave using the #3 lane. The #2 (center) lane will also be closed as a buffer between vehicles and runners. Only
the #1 lane (far west) will be open to northbound traffic. “No Parking” signs will be posted along Azusa Ave 72
hours before the event. The portion of Azusa Ave between the tracks & 9th St will be tapered down to one lane.
The portion of 9th St between Azusa Ave & Palm Dr will be entirely closed to traffic for the duration of the
event and will be a no-parking zone. Also, the portion of Palm Dr between E Promenade & Foothill Blvd will
be entirely closed to traffic for the duration of the event. Residents of Sierra Palms will be directed to use
Foothill Blvd rather than Palm Dr to enter and exit.
The finish venue (see Exhibit A) will require a complete closure of Alameda Ave north of Foothill Blvd,
adjacent to City Hall and Azusa PD.
In general, residents living east of Azusa Ave and north of 9th St will be encouraged to travel east on Sierra
Madre Ave to enter and exit the area in order to avoid the race route. In the days leading up to the event, all
residents living in the surrounding area will receive a postcard in the mail detailing the road closures and detour
plans.
Aid Station and Participant Support Plan
Aid stations will be established approximately every two miles along the entire race route. On Highway 39, aid
stations will be located at turnoff points adjacent to the northbound lane so as to not obstruct the highway. In the
urban areas, aid stations will be located on large sidewalks or shoulders along the race route.
Each aid station (consisting of multiple portable drink tables and restrooms) will be manned by several event
volunteers. Volunteers will ensure that runners are able to get proper nutrition and hydration when needed. All
aid stations will be supplied with adequate water and Gatorade. Select aid stations will be supplied with fresh
fruit, gels, and other amenities. In planning supplies for nutrition and hydration, we will plan our quantities
based on the maximum possible intake per runner, and then add a contingency surplus to ensure that the risk
dehydration and exhaustion is minimized.
Each aid station along the route will be equipped with first aid kits. Volunteers and staff will be instructed
concerning the use of these first aid kits. In addition, select aid stations will be accompanied by medical aid
stations. Medical aid stations will be staffed by trained medical personnel (courtesy of American Medical
Response) who will be capable of assisting participants with serious issues and/or emergencies. Medical cots
and extensive supplies will be on hand. The medical aid stations are marked with an *asterisk* in Exhibit D
below.
In case of extreme cold weather, participants will be supplied with gloves and heating blankets to be used at the
starting venues and during the race if desired. If at any point a participant is incapable of continuing down the
canyon, they may elect to be picked up by the rear sag wagon and escorted down the route.
See Exhibit D for aid station locations and supplies. See Exhibit E for a sample aid station layout.
Finish Venue Medical Plan
A large medical area will be established at the finish venue, as part of the finisher corral. This medical area will
be staffed by several EMTs and other medical staff. They will be equipped with all necessary medical supplies
including emergency supplies. In addition, an ambulance will be on hand at the finish venue and will have
unrestricted access to outside roads if it becomes necessary to transport any participants to Foothill Presbyterian
Hospital.
Sanitation Plan
Portable restrooms will be set up in conjunction with each aid station along the route (every two miles). They
will also be set up at both starting lines as well as at the finish venue. Restroom quantities in all cases will be
determined based upon usage estimates from the supplying company, which will always adhere to health code
requirements, plus a safety surplus.
Abundant trash bins will be located at both starting lines, each aid station, and at multiple locations at the finish
venue. Each location will be equipped with several extra industrial trash bags per bin. Event staff will be present
at each aid station, the finish line, and both starting lines to ensure that trash bins remain accessible and that
trash bags are changed when necessary.
Immediately following the start of the event, hired clean-up truck crews will begin to remove all trash and other
items (including aid station tables and supplies and course signage) from the race route. Trash will be removed
entirely from the canyon and taken to the city waste yard rather than using the forest waste facilities. Our aim is
to leave no trace whatsoever of our event.
Insurance
We have obtained a $5,000,000 insurance policy which covers every participant and volunteer associated with
this event through the Henry Ham Insurance Agency.
Event Timeline
FRIDAY 11/3/17 and 11/2/18
7:00 AM: Race staff begins set-up of finish arch on City Hall southwest lawn.
10:00 AM: Race staff begins drop-off of aid station supplies along entire route. Portable restrooms
begin to be delivered along entire route.
6:00 PM: Hard closure initiated at finish venue. Race staff begins set-up of finish venue on Alameda
Ave.
SATURDAY 11/4/17 and 11/3/18
2:00 AM: Traffic Management Inc. sets up all necessary cones and markers along route.
3:30 AM: Participants begin to park at designated APU & Citrus College lots
4:00-5:00 AM: Full marathon participants load buses along Foothill Blvd and are transported to start
line.
4:30-5:30 AM: Half marathon participants load buses along Citrus Ave and are transported to start line.
5:00-6:20 AM: Participants unload at staging areas and begin race preparation.
6:15 AM: Northbound lane of CA 39 closes at mouth of canyon. Police escort system is initiated.
6:40 AM: First CHP pilot escort leaves to travel up the canyon.
7:00 AM: Second CHP pilot escort leaves to travel up the canyon.
7:00 AM: Both races begin. Race cleanup crews, TMI, and portable restroom suppliers follow behind
last runner and collect all items and trash.
7:48 AM: First participants begin to exit canyon.
8:05 AM: First participants finish race.
12:30 PM: Any participants still running down the canyon will be picked up by the sag wagon and
escorted to the mouth of the canyon. CHP pilot escort system is finished and by 1:00 regular two-way
traffic will begin in the canyon.
1:00 PM: 9th Street is clear of runners and may open for regular traffic.
1:15 PM: Final participants finish race.
1:15 PM: Finish venue cleanup begins.
3:00 PM: Cleanup truck crew finishes cleaning route.
5:00 PM: Staff leaves finish venue with all equipment. Alameda Ave reopens to normal traffic pattern.
Contact Information
Race Directors:
Jared Rohatinsky: 801-830-0624
Anna Ryan: 720-467-2188
Exhibit A: Finish Venue
Runner
only
area
Bag Pickup Area
Festival Area
Exhibit B: Timetable
The times listed below are for the extremes of the participant pack (absolute fastest and absolute slowest). It
should be noted that the vast majority of participants will be past each point long before the time listed for the
last runner to pass. 85% of participants will be out of the canyon (mile 23) by 11:20 AM and will finish the race
by 12:00 noon.
Mile Landmark
First Runner
Arrives
Last Runner
Passes
1 7:05 AM 7:14 AM
2 Near Intersection of Crystal Lake Rd & Highway 39 7:11 AM 7:28 AM
3 7:16 AM 7:42 AM
4 7:22 AM 7:56 AM
5 7:27 AM 8:10 AM
6 7:33 AM 8:24 AM
7 7:38 AM 8:38 AM
8 Near Coldbrook Creek Campground 7:44 AM 8:52 AM
9 7:49 AM 9:06 AM
10 7:55 AM 9:20 AM
11 Near Bichota Canyon Trailhead 8:00 AM 9:34 AM
12 8:06 AM 9:48 AM
13 Devils Canyon Dam Truck Trail (West Fork) 7:00 AM 10:02 AM
14 OHV Recreation Area/East Fork Road 7:05 AM 10:16 AM
15 7:11 AM 10:30 AM
16 7:16 AM 10:44 AM
17 7:22 AM 10:58 AM
18 Turnoff to San Gabriel Dam 7:27 AM 11:12 AM
19 Islip Canyon Helicopter Landing Zone 7:33 AM 11:26 AM
20 7:38 AM 11:40 AM
21 Turnoff to Morris Dam 7:44 AM 11:54 AM
22 Near Azusa River Wilderness Park 7:49 AM 12:08 PM
23 Mountain Laurel Way (Mountain Cove) 7:55 AM 12:22 PM
24 Highway 39 & Ellsworth St 8:00 AM 12:36 PM
25 Azusa Ave & 9th St 8:06 AM 12:50 PM
26 Finish Venue - City Hall 8:11 AM 1:04 PM
Exhibit C: Police Escort Plan & Timetable
Because only one lane of traffic will be open to vehicles in the canyon, we will use a police escort system to
ensure that traffic flows as safely and as freely as possible. Members of the California Highway Patrol (CHP)
will take on the role of pilot escorts, with patrol vehicles stationed at the mouth of the canyon near Mirador
Drive, as well as behind the last runner to hold traffic behind the participants. The Northbound lane of CA 39
will be reserved for runners, and the southbound lane will become two-way traffic. Parking restrictions will be
placed along the west side of CA 39 to ensure two-way traffic will be possible. Officers will communicate and
coordinate traffic flow up and down the canyon using the southbound lane during this time (6:15 AM to 12:30
PM).
Exhibit D: Aid Station Locations & Supplies
Aid stations will be referred to as aid stations A—M. On San Gabriel Canyon Road, aid stations will be located
at turnoff points so as to not disrupt activity on the highway. These will all be on the side of northbound traffic.
A: Restrooms, water, Gatorade, first aid kit. Approximate location: on long narrow shoulder near mile
post 36.98. This location is 1.15 miles below the turnoff to Crystal Lake Rd. Volunteers will not be able
to park at this location; rather, they will be directed to park in the nearby pullouts.
B: Restrooms, water, Gatorade, first aid kit, candy, gum. Approximate location: dirt pullout near mile
post 34.98. Volunteers will not be able to park at this location; rather, they will be directed to park in the
nearby pullouts.
C: *Medical aid station. Restrooms, water, Gatorade, fresh fruit, medical tent & cots, trained medical
personnel. Approximate location: 0.36 miles north of Coldbrook Creek camping area, near mile post
32.85.
D: Restrooms, water, Gatorade, first aid kit. Approximate location: long narrow shoulder near mile post
30.67. Volunteers will not be able to park at this location; rather, they will be directed to park in the
nearby pullouts.
E: Restrooms, water, Gatorade, first aid kit, candy, gum. Approximate location: large shoulder and
pullout area near mile post 28.92. Adjacent to large orange gate used to close the canyon.
F: *Medical aid station. Restrooms, water, Gatorade, fresh fruit, medical tent & cots, trained medical
personnel. Approximate location: mile post 26.54 (OHV recreation area).
G: Restrooms, water, Gatorade, first aid kit. Approximate location: large paved pullout area near mile
post 24.56.
H: Restrooms, water, Gatorade, first aid kit, candy, gum. Approximate location: large shoulder and dirt
pullout area near mile post 22.60
I: *Medical aid station. Restrooms, water, Gatorade, fresh fruit, medical tent & cots, trained medical
personnel. Approximate location: large paved pullout near mile post 20.72.
J: Restrooms, water, Gatorade, first aid kit. Approximate location: mile post 19.02 (dirt pullout 0.20
miles north of turnoff to lower extremity of Morris Reservoir). Volunteers will not be able to park at this
location; rather, they will be directed to park in the nearby pullouts.
K: *Medical aid station. Restrooms, water, Gatorade, fresh fruit, medical tent & cots, trained medical
personnel. Approximate location: Northview Ct pullout (0.37 miles west of Mountain Laurel Way).
L: Restrooms, water, Gatorade, first aid kit. Approximate location: on east sidewalk of the eastern
branch of San Gabriel Canyon Rd., immediately north of southern intersection with Ranch Rd.
M: Restrooms, water, Gatorade, first aid kit. Approximate location: on 9th St, immediately east of Azusa
Ave intersection (near J&J Haircuts).
Exhibit E: Sample aid station layout
45635.01000\9483041.1
CITY OF AZUSA AND BROOKSEE, LLC
OUTDOOR EVENT PERMIT AGREEMENT
THIS OUTDOOR EVENT PERMIT AGREEMENT (“Agreement”) is made this 3rd day
of October, 2016 by and between the CITY OF AZUSA, a municipal corporation of the State of
California, (hereinafter, “City”), and BROOKSEE, LLC, a Utah limited liability company
(hereinafter, “Permittee”). City and Permittee are sometimes individually referred to herein as a
“Party,” and collectively referred to herein as the “Parties”.
RECITALS
WHEREAS, Permittee is a professional race event organizer, promoter, and operator that
is experienced in conducting such activities; and
WHEREAS, On or about OCTOBER 3, 2016, the City Council approved an application
by Permittee to conduct a marathon and half-marathon footrace through the City via approval of
this Agreement and
WHEREAS, City desires, under the conditions set forth herein, to permit Permittee to
organize, promote, and operate the Revel Canyon City 2017 Marathon and Half-Marathon and
(hereinafter, “Athletic Event”) in the City.
NOW, THEREFORE, THE PARTIES MUTUALLY AGREE:
SECTION I
PERMIT
1. Permitted Activities. City grants to Permittee Outdoor Event Permits to conduct
the Athletic Events, which are subject to Permittee’s satisfaction of all the conditions imposed by
the City (“Conditions”), as described in Exhibit “A”, and the “2017 Traffic, Safety, & Medical
Plan,” as described in Exhibit “B”. Exhibits “A” and “B” are attached hereto and incorporated
herein by reference. Permittee shall use its best efforts to satisfy such conditions and plans to
enable it to organize, promote, and operate the Athletic Events.
2. Application of Agreement. The terms of this Agreement shall be limited to the
following scheduled Athletic Event:
Events Date
Set-up for Revel Canyon City 2017 Marathon and Half-Marathon November 3, 2017
Revel Canyon City 2017 Marathon and Half-Marathon November 4, 2017
45635.01000\9483041.1
SECTION II
PERMITTEE’S OBLIGATIONS
1. Costs Related to the Athletic Events. Permittee shall be liable for all costs
incurred by the City related to the Athletic Events, including, without limitation, police service,
public works, parks and recreation, risk management and other services rendered by the City as
deemed necessary and in the interest of public safety and in the best interests of the City as
determined in the sole discretion of the City (“Event Costs”). The Event Costs for the Athletic
Events shall be paid and deposited in full by the Permittee with the City Finance Department in
cash, or other immediately available funds at least three (3) business days in advance of the day
of the Athletic Events. In the event the actual Event Costs for the Athletic Events exceeds the
sum deposited and paid by Permittee for the Athletic Events, the Permittee shall, within twenty
four (24) hours following receipt of written notification from the City, deliver to the City Finance
Department in cash or other immediately available funds such additional amounts as requested
by the City, in its sole discretion, to compensate the City in full for the total actual Event Costs
for the Athletic Events.
In determining the Event Costs for the Athletic Events, the City shall consider
information submitted by Permittee with respect to the Event Costs. Notwithstanding, the final
determination with respect to the Event Costs shall be made by the City and such determination
shall be final and binding on Permittee.
2. Registration Fees to City. Permittee shall also remit to the City Two ($2.00)
Dollars for each registered participant in the 2017 marathon and half-marathon event (“City
Registration Fees”), which the City, in its sole discretion, may use for any activities the City
chooses, such as recreation programs.
The City Registration Fees shall be paid and deposited in full by the Permittee with the
City Finance Department in cash, or other immediately available funds by December 14, 2017
for the 2017 Athletic Event. In determining the total City Registration Fee, the City shall
consider information submitted by Permittee with respect to number of registered participants of
both the marathon and half-marathon events.
3. Non-Participation by City. The parties acknowledge and agree that the City is
neither a participant in or a sponsor of any of the Athletic Events and that the Athletic Events are
being conducted exclusively by Permittee. It is the intent and desire of the City to ensure that all
individuals and entities, including, without limitation, the sponsors of the Athletic Events, each
and every participant in the Athletic Events, all employees, contractors and agents of Permittee
and the general public are clearly informed that the City is neither a participant in or a sponsor of
the Athletic Events. Accordingly, Permittee represents, warrants and covenants that all
publications relative to the Athletic Events, whether verbal or in writing, as well as all literature
and documents relative to the Athletic Events, including, without limitation, advertising
materials, license agreements, applications for participants as well as all subcontracts, shall
contain clear and unambiguous language indicating the City is neither a participant in or a
sponsor of the Athletic Events. Such notification shall be in all languages as are reasonable
necessary to notify all sponsors and participants. Further, the City shall have the right to review
and approve, in its sole discretion, all publications pertaining to the Athletic Events, including,
45635.01000\9483041.1
without limitation, advertising materials, license agreements, and applications for participants as
well as all subcontracts.
4. Indemnification. To the fullest extent permitted by law, Permittee shall defend,
indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents
free and harmless from any and all claims, demands, causes of action, costs, expenses, liability,
loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful
death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or
omissions, or willful misconduct of Permittee, its officials, officers, employees, subcontractors,
consultants or agents in connection with the performance of this Agreement, including without
limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and
other related costs and expenses.
To the fullest extent permitted by law, Permittee shall defend, with counsel of City’s
choosing and at Permittee’s own cost, expense and risk, any and all claims, suits, actions or other
proceedings of every kind covered by this Section that may be brought or instituted against City
or its directors, officials, officers, employees, volunteers and agents. Permittee shall pay and
satisfy any judgment, award or decree that may be rendered against City or its directors, officials,
officers, employees, volunteers and agents as part of any such claim, suit, action or other
proceeding. Permittee shall also reimburse City for the cost of any settlement paid by City or its
directors, officials, officers, employees, agents or volunteers as part of any such claim, suit,
action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees
and costs, including expert witness fees. Permittee shall reimburse City and its directors,
officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs
incurred by each of them in connection therewith or in enforcing the indemnity herein provided.
Permittee’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received
by the City, its directors, officials officers, employees, agents, or volunteers.
5. Insurance. Without limiting Permittee’s indemnification of City, Permittee shall
obtain and provide and maintain at its own expense to insure and cover the activities relative to
the Athletic Events, policies of liability insurance of the type and amounts described below and
satisfactory to the City Attorney. Such policies shall be signed by a person authorized by that
insurer to bind coverage on its behalf and shall be filed concurrently with the Parties’ execution
of this Agreement. Said policies shall add as insureds the City, its elected officials, officers,
employees, volunteers and agents for all liability arising from Permittee’s services as described
herein.
A. Permittee shall provide to City, certificates of insurance with original
endorsements, and copies of policies, with the following insurance, with A.M. Best’s rating of no
less than A:VII and authorized to transact business of insurance in the State of California, or
otherwise allowed to place insurance through surplus line brokers under applicable provisions of
the California Insurance Code or any federal law:
(1) Commercial General Liability: Commercial General Liability
Insurance which affords coverage at least as broad as Insurance Services Office “occurrence”
form CG 0001, or the exact equivalent, and shall be no less than $2,000,000 per occurrence and
no less than $5,000,000 in the general aggregate. Defense costs shall be paid in addition to the
45635.01000\9483041.1
limits. The policy shall contain no endorsements or provisions limiting coverage for (1)
contractual liability; (2) cross liability exclusion for claims or suits by one insured against
another; (3) restrict coverage to “sole” liability of Permittee; or (4) contain any other exclusion
contrary to the Agreement.
(2) Automobile Liability Insurance: Automobile Liability Insurance
with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any
Auto” (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all
activities shall be in an amount of not less than $1,000,000 combined limit for each occurrence.
(3) Workers’ Compensation: Workers’ Compensation Insurance, as
required by the State of California and Employer’s Liability will not be required because
Permittee does not have employees in California. However, proof of Workers Compensation
Insurance covering the Nevada employee will be required.
B. All required policies shall be endorsed to provide the following:
(1) Policies shall not be suspended, voided, canceled by either party,
or reduced in coverage or in limits except after Seventy-Two (72) Hours’ prior notice has been
given in writing to City.
(2) Policies shall contain or be endorsed to waive subrogation against
the City, its officials, officers, employees, agents, and volunteers or shall specifically allow
Permittee or others providing insurance evidence in compliance with these specifications to
waive their right of recovery prior to a loss.
(3) Policies shall be primary and any other insurance, deductible, or
self-insurance maintained by the indemnified parties shall not contribute with this primary
insurance.
In the event any policy of insurance required under this Agreement does not comply with
these specifications or is canceled and not replaced, City has the right but not the duty to obtain
the insurance it deems necessary and any premium paid by City will be promptly reimbursed by
Permittee. City may cancel this Agreement in the event any policy of insurance required under
this Agreement does not comply with these specifications or is canceled and not replaced.
C. Permittee shall give to City prompt and timely notice of claim made or
suit instituted arising out of Permittee’s activities hereunder. Permittee hereby waives its own
right of recovery against City, and shall require similar written express waivers and insurance
clauses from each of its subconsultants. Permittee shall also procure and maintain, at its own
cost and expense, any additional kinds of insurance, which in its own judgment may be
necessary for its proper protection relative to the conduct of the Athletic Events.
6. Performance Bond. Without limiting Permittee’s indemnification of City,
Permittee shall obtain and provide and post with the City finance department, a performance
bond in the sum of $20,000 for the Athletic Event to indemnify the City for the cost of
45635.01000\9483041.1
responding to a breach of the obligations, requirements and conditions upon which the City may
issue a permit to Permittee. Such bond shall be posted three (3) months prior to the event date.
SECTION III
REPRESENTATIONS, WARRANTIES AND COVENANTS
1. Representations, Warranties and Covenants. Permittee makes the following
representations, warranties and covenants for the benefit of City and to induce the City to
consider its application for a permit to conduct the Athletic Events, which representations,
warranties and covenants shall survive the conduct of such events:
A. The Athletic Events shall be conducted by Permittee and by individuals
under its direct supervision. Permittee possesses the professional and technical personnel
required to conduct the Athletic Events contemplated by this Agreement.
B. Permittee shall designate Anna Ryan, Race Director – REVEL Canyon
City, or another Brooksee designee, as its project manager and liaison with the City.
C. The Athletic Events conducted by Permittee will conform to all applicable
City, county, state, and federal law and requirements.
D. All personnel engaged by Permittee in the conduct of the Athletic Events
are fully qualified and are authorized or permitted under City, county, state and federal law to
conduct such activities. Permittee has all licenses, permits, qualifications and approvals of any
nature whatsoever that are legally required to conduct the Athletic Events (with the exception of
the permits from the City). Permittee shall keep in effect all such licenses, permits, and other
approvals during the term of this Agreement.
E. All appropriate actions have been taken by Permittee to authorize its entry
into this Agreement and the performance of its terms. All individuals executing this Agreement
on behalf of Permittee are authorized to execute this Agreement and all appropriate actions
relative to such authorization have been taken.
SECTION IV
GENERAL PROVISIONS
1. Prohibition Against Transfers. Permittee shall not assign, sublease, hypothecate,
or transfer this Agreement, or any interest therein, directly or indirectly by operation of law
without the prior written consent of the City. Any attempt to do so without said consent shall be
null and void, and any assignee, sublessee, hypothecatee or transferee shall acquire no right or
interest by reason of such attempted assignment, hypothecation, or transfer.
45635.01000\9483041.1
2. Termination.
A. City may, by written notice to Permittee, terminate the whole, or any part,
of this Agreement at any time and without cause by giving written notice to Permittee of such
termination, and specifying the effective date thereof, at least thirty (30) days before the effective
date of such termination. Permittee may not terminate this Agreement except for cause.
B. In the event this Agreement is terminated, in whole or in part, as provided
in paragraph A of this section, City may permit any other person or entity upon such terms, and
in such manner as it may determine appropriate, to conduct the Athletic Events.
3. Notices. The persons and their address having authority to give and receive
notices under this Agreement are as follows:
City Permittee
City of Azusa Brooksee, LLC
Director of Economic & Community Development Anna Ryan, Race Director
213 E. Foothill Blvd. 11968 N. Ithica Drive
Azusa, CA 91702 Highland, UT 84003
(626) 812-5200 702-515-9895
Any notices from either party to the other shall be given in writing to the attention of the
persons listed above, or to other such addresses or addressees as may hereafter by designated in
writing for notices by either party to the other. Notice shall be given by certified, express, or
registered mail, return receipt requested, and shall be effective as of the date of receipt indicated
on the return receipt card.
4. Attorneys’ Fees. If either party commences an action against the other party,
either legal, administrative or otherwise, arising out of or in connection with this Agreement, the
prevailing party in such litigation shall be entitled to have and recover from the losing party
reasonable attorney's fees and all other costs of such action.
5. Entire Agreement. This Agreement contains the entire agreement between City
and Permittee with respect to the subject matter hereof and supersedes all prior negotiations,
understandings, or agreements. This Agreement may only be modified by a writing signed by
both parties.
6. Governing Law. This Agreement shall be construed and enforced in accordance
with the laws of the State of California. Venue shall be in Los Angeles County.
7. City Liaison. The City shall make available to Permittee a liaison on the City
staff that shall be available for the coordination of the Athletic Events with Permittee.
8. Recitals. The recitals constitute a material part of this Agreement and are hereby
incorporated herein by reference as though fully set forth hereat.
45635.01000\9483041.1
9. Binding Effect. The terms of this Agreement shall be binding on the successors
and assigns of each party to this Agreement.
10. Invalidity and Severability. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court or competent jurisdiction, the remaining provisions
shall continue in full force and effect.
11. Waiver. No waiver of any default shall constitute a waiver of any other default or
breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or
service voluntarily given or performed by a party shall give the other party any contractual rights
by custom, estoppels, or otherwise.
12. Cooperation: Further Acts. The Parties shall fully cooperate with one another,
and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
13. Counterparts. This Agreement may be signed in counterparts, each of which shall
constitute on original.
IN WITNESS WHEREOF, the Parties hereby execute this Agreement effective upon the
day and year first above written.
CITY OF AZUSA PERMITTEE
Brooksee, LLC
By: By:
Troy L. Butzlaff, ICMA-CM Name:
City Manager
Its:
By:
Name:
Its:
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
45635.01000\9483041.1
EXHIBIT A
Conditions
45635.01000\9483041.1
EXHIBIT B
2017 Traffic, Safety, & Medical Plan