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ROBERT D. KODAK, ESQUIRE
KODAK & IMBLUM, P.C.
407 N FRONT STREET, PO BOX 11848
HARRISBURG, PA 17108-1848
(717) 238-7159
Attorney for Plaintiff
NATIONAL HOT ROD ASSOCIATION ' IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY,
PENNSYLVANIA
v
NO.
BPS MOTORSPORTS, LLC doing
business as MOPAR AT INDY
Defendant(s) CIVIL ACTION - LAW
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set
forth in the following pages, you must take action within twenty (20) days after this
complaint and notice are served, by entering a written appearance personally or by an
attorney and filing in writing with the court your defenses or objections to the claims set
forth against you. You are warned that if you fail to do so the case may proceed without
you and a judgment may be entered against you by the court without further notice for any
money claimed in the complaint or for any other claim or relief requested by the plaintiff.
You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE PA 17013
(717) 249-3166
AVISO
LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las
demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion
dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y
Aviso radicando personalmente o por medio de un abogado una comparencencia escrita
y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas
presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion
como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier
suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio
solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso
adicional. Usted puede perder dinero o propiedad u otros derechos importantes para
usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO
INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA
SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA
DE COMO CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES
POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE
AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A
PERSONAS QUE CUALIFICAN.
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE PA 17013
(717) 249-3166
NATIONAL HOT ROD ASSOCIATION
Plaintiff
v
BPS MOTORSPORTS, LLC doing
business as MOPAR AT INDY
Defendant(s)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 0;7-64,66 CzL,?l 7,e--,.
CIVIL ACTION - LAW
COMPLAINT
The Plaintiff, NATIONAL HOT ROD ASSOCIATION, by its attorneys, KODAK &
IMBLUM, P.C., brings this action of Assumpsit against the Defendant to recover the sum
of TWENTY ONE THOUSAND THREE HUNDRED FIFTY DOLLARS AND EIGHTY-
THREE CENTS ($21,350.83), along with interest thereon at the statutory rate from
November 24, 2006, upon a cause of action of which the following is a statement:
1. The Plaintiff, NATIONAL HOT ROD ASSOCIATION, is a corporation organized and
existing under the laws of the State of California, having its principal address of PO
Box 5555, Glendora, CA 91740-0950.
2. The Defendant, BPS MOTORSPORTS, LLC d/b/a MOPAR AT INDY, is a limited
liability company organized and existing under the laws of the Commonwealth of
Pennsylvania, having its principal office and place of business at: c/o: Allen Brown,
President, 520 Nursery Drive, Mechanicsburg, Cumberland County,
Pennsylvania 17055.
F:\USER\ROBIN\CCP&DJ CMPS\CCP COMPLAINTS\NATL HOT ROD ASSN 33687.wpd 2
3. On or about June 1, 2006, Plaintiff and Defendants entered into a written Facility
Lease Agreement whereby Plaintiff would lease to Defendants the premises at
10267 East Highway 136 in Clermont, Indiana, under the terms and conditions set
forth therein. A true and correct copy of said Facility Lease Agreement is attached
hereto, marked Exhibit "A" and made a part hereof.
4. The prices charged for leased premises were just and reasonable, were the legal
and market prices therefor and were the prices which the Defendants promised and
agreed to pay to Plaintiff.
5. The Defendants defaulted under the terms and conditions of the Facility Lease
Agreement by refusing, neglecting and/or failing to pay the amounts due Plaintiff
thereunder, resulting in an unpaid balance due Plaintiff in the amount of Fifteen
Thousand Seven Dollars and Fifty Cents ($17,007.50) as set forth on Plaintiffs
October 24, 2006 Invoice attached hereto, marked Exhibit "B" and made a part
hereof.
6. Due to Defendants' default in payment of said amount due and owing as aforesaid,
interest has been added to said account in the total amount of One Thousand Two
Hundred Forty-Seven Dollars and Fifty Cents ($1,247.50).
7. Due to the default of Defendants, and pursuant to the terms and conditions of the
Facility Lease Agreement executed by Defendants and attached hereto as Exhibit
F:\USER\ROBIN\CCP&DJ CMPS\CCP COMPLAINTS\NATL HOT ROD ASSN 33687,wpd 3
"A", attorney's fees in the total amount of Five Thousand Ninety-Five Dollars and
Eighty-Three Cents ($5,095.83) have been added to said account.
8. Plaintiff frequently demanded payment from Defendants of said amount due and
owing as aforesaid, but Defendants refused and neglected and still refuse and
neglect to pay said amount or any part thereof.
WHEREFORE, Plaintiff brings this suit to recover from Defendants the sum of
TWENTY ONE THOUSAND THREE HUNDRED FIFTY DOLLARS AND EIGHTY-THREE
CENTS ($21,350.83), together with interest as set forth herein.
Respectfully submitted,
KODAK & IMBLUM, P.C.
Robert D. Kodak, Esquire
407 North Front Street
Post Office Box #11848
Harrisburg, PA 17108-1848
(717) 238-7159
Attorney ID No. 18041
Attorney for Plaintiff
F:\USER\ROBIN\CCP&DJ CMPS\CCP COMPLAINTS\NATL HOT ROD ASSN 33687.wpd 4
NATIONAL HOT ROD ASSOCIATION
INDIANAPOLIS RACEWAY PARK
iri . r w ?c A rryCCISOMT _ SINGLE E
THIS FACILITY 1
20, 20089 by and
Association (In(
WHEREAS, NHRA is
East Highway 136, CI
"Raceway"); and
MaMr at indy
June 2 - 4.2006
AGREEMENT ("Lease') is made and entered into as of March
an Mopar at Indy, ("Lessee"), and National Hot Rod
Dlis Raceway Park) ("NHRA"}.
owner of the race track, related land and facilities at 10267
ont. Indiana 46234, known as Indianapolis Raceway Park (the
WHEREAS, Lessee sires to lease a specified part of the Raceway, for various
activities. as more full detailed in this Lease.
AGREEMENT
NOW THEREFORE, i consideration of the mutual covenants set forth below and other
good and valuable co ideration, NHRA and Lessee agree as follows:
This Lease consists of Parts I and 11. Part I has information required to be completed by
Lessee and NHRA bef a the Lease may be executed. Part II contains the Standard
Terms and Conditions f Agreement and may not be altered without the prior review
and consent of NHRA' Legal Department.
1. Dates, Activities and Special Terms:
Unless otherwise noted, "day" shall be a calendar day. "Dollars" shall be United States
dollars.
Event M r at In
Event Dates June 2 - 4 2006
Lease Period ("Lease Term") June 2 - 4, 2006.
Set-up and tear down days to be
(Includes Event Dates as well as any worked out with Raceway.
other days for set up, t gr down, eic_] Start Time each day is 7:00am.
End Time each ds is 7:00
lRP
Facility Agreement - Single vent
Drag Strip, Pit are as and all related
Leased Premises
[Please list all iridlvid areas that parking and buildings
apply unless leasing Ole Facility.]
"oval Track". IACIU 8s: pit area, oval
race track. parking lot . control tower,
timing & scoring, pre r , midway.
spectator seating are , infield area,
ticket, restroom faciliti & registration
buildings.
"Dragstrip": Includes pit areas,
dragstrip, parking lots, control tower,
press room, ticket & Istration
buildings, spectates ling areas,
restroom facilities & les.
"Road Course": lncl :paddock
area, 2.5 mile road oo rse, racetrack,
pit lane, restroom facil 'es & north
control tower registrati building.
"Whole Facility"
"Parking Lot"
Unless otherwise s , Suites will
not be included in the eased Premises
and shell not be used or any purpose.
Activities to Be Condu led on Leased Drag Race, Car show, Swap Meet
Premises
Special Activities to B
Conducted
Same
during the Lease Pe '
see part Il, Section l f this Lease
Fuel is available
Fuel
see Part U, Section of this Lease
Additional Terms fN/A
(Insert any special ter r, is that are
snedfic to this Lease lessor.
2. Rental Fee, 13+81% Payments & Receipts:
2
MP
Fadury Agreement - Sing Event
Rental Fee The total Rental Fee shall be Nineteen
Thousand Eight Hundred Dollars
($19,800.00), plus expensaa. This
gentai Fee is based on a 3-day event
and shall be paid as outlined below.
Additional charges, which shall be
determined exclusively by NHRA, will
apply if the event holds over beyond 3
A non-refundable payment of Four
Deposit s nd Nine Hundred Fifty
Dollars ($4950.00) is due and payable
upon execution of this Lease to reserve
the Lease Period. The Lease Period
wits NOT be held for Lessee unless and
until the executed Lease and Deposit
are received by NHFtA. Any
dishonored Deposit shall result in the
Lease Period being released and no
longer being held for Lessee, and shall
void any obligations of Lessor
hereunder. If the Event is held. the
Deposit will be credited toward the
Rental Fee.
Payment of Salance o Rental Fee The balance of the Rental Fee in the
amount of Fourteen Thousand Eight
Hundred Fifty Dollars ($14,850.00)
(assuming the Deposit was paid) is due
and payable by NIA which is fourteen
14 da s rior to the start of the Event.
Expense Estimate AM amounts due for services provided
by or through the Lessor, including
those set forth in Part III hereto, are
due and payable at the conclusion of
the Event or no later than June 9,
2006. The expense figures
discussed are estimates only. The
parties agree that the ectuai
expenses may vary and will be
ad usted at tlw tiros of settternnt.
Late Fee There shall be an administrative fee of
$250 per day for each day that any
payment required under this Lease is
late, which shalt include but not be
limited to the Expenses as outlined in
Part III of this Lease.
taP 3
Facility agreement - Sing Event
Vendor Fee r r Fee: NIA
[it applicable, list all th it apply.] Payment Due: N/A
Percentage of Gate R ceipts % of Gate Recelpts: WA
[if applicable] -or-
Amount per Ticket: WA
Pa ment Due: NIA
Percentage of Gross ! come % of Lessee's Gross Income: WA
("Gross Income" is def ned to include payment Due: N/A
all income received by Lessee in direct
connection with the E nt)
NHRA shall retain all (100%) of monies
generated by concessions. NHRA's
concessionaire shall be the exclusive
concessionaire for the entire site.
3. Leam"s
Prima Contact: FS NQ?a?.st?ort L%A-
Affiliation with Lessee
Address
144
Altemative Gontact: Sc?-cc Silk -"?
Affiliation with Lessee
Address
+lCtf-tc l?? V3obv
'
r
Tale hone Number i
t1Y
Fax Number
4. Insurance. Le must provide Insurance coverage for its activities as
see's expense and NHRA's sole discretion,
At L
specified in Part It, S
W is not
NHRA may es
on 8(a).
quired to, provide such required insurance coverage for
,
Lessee's activities. N RA will provide ONLY the Commercial General Liability and
Participant Accident c erage noted in Section 8(a) hereof. NHRA Will add lasses as
additional insured to it is ommeraal General Liability coverage. Lessee agrees to pay
NHRA Three Thouss d Four Hundred Eight Four Dollars 03,484.00) to cover
NHRA's direct and ind i act insurance-related expenses.
s. Personnel, Se ices and Equipment. The Lessee has requested and the
Lessor has agreed to f cilitate the level of personnel, services and equipment to be
provided during the E nt, as set forth in Part III attached hereto. This Lease is in
IRP 4
Facility Agreement - Single Event
it
accordance with the
permanent Facilities.
needs of the Event.
services and equipm
equipment on site be
Lessor so that this U
The signatures of the
NHRA7s and Lessees
NATIONAL NOT ROD AS
By: ---
Title:
Date:
;able Drag Racing Minimum Underwriting Guidelines for
parties have made this Lease based upon the ant'?cipated
parties to provide the agreed personnel,
A may use third if the Lessee desires a dcij itLessee shall rimme iaMt?onoaind
?
111.
I those set forth in part
can be amended. shall constitute
roriied representatives of NHRA and Lessee
contained nlth this ease.
?antance of the terms and conditions
TION LESSEE NAME
By:
Date:
all s fully completed (including Your staffing requirements).
PIGS" along return wit p an executed copy of this Lease and your Deposit-
n2gfflagM
tRP Event
Faci{ity Agreement - sing
5
-i O7i+TCC'?O • A
PART 11
These Standard TO
the express review
t. a.selemis. F
more speCificall,
by the Lessee a
in this Lease is
its planned actn
duty to approve
manner in whicl
these activities
that Lessee mu
Activities"): jet r
shows, tattooin
and any helicol
2. Fees. Lessee
percentages a
for all other go
request, whett
identified in Pi
3. c2 m!ptition M
funding for and
not limited to pri
responsibility of
a. Ca?nceM00L99
NHRA will reiml
written notificati
FACILITY LEASE AGREEMENT
(STANDARD TERMS AND CONDITIONS
and Conditions not be LegslmDepa ment.ny way without
consent of he NH
iRA agrees to tease to Lessee the portion of the Raceway as
outlined in Part I of this Lease. Any other use of the Raceway
any use by Lessee of any portion of the Raceway not included
;rictiy prohibited. Lessee must furnish NHRA with a list of All of
ties at the Raceway, and NHRA shall have the right but not the
!ny activities which are to be conducted at the Raceway, the
such activities are to be conducted, and the rules under which
re to be conducted. By way of example only. specific activities
t notify NHRA of include, but are not limited to ("Special
id other vehicle exhibitions, thrill shows, concerts, firework
body piercing, amusement rides, parachuting or paragliding,
or or aircraft operations.
I pay to NHRA the Deposit, Rental Fee and/or other NHRA
fees as set forth in Part I. Lessee further agrees to pay
s and senvices provided by NHRA to Lessee at Lessee's
or not set forth in Part I, at the conclusion of the Lease Period
1p. It is expressly understood between the parties that the
distribution of any and all competition awards. including but
money. purses. and trophies, shall be the sole and absolute
n m In j. In the event Lessee desires to cancel this Lease,
rse Lessee the following amounts provided NHRA receives
k as set forth below.
(a) If notice t cancellation is received ninety (90) or more days prior to the
f the Lease Period identified in Part 1, NHRA will refund fifty
first date
percent ( ) of the Deposit paid by Lessee. If this Lease is made within
f the Lease Period identified in Part I, the
ninety (
Deposit ) days of the first date o
all not be refundable in any amount.
(b) If notice cancellation is received less than ninety (90) days, but at least
r to the first date of the Lease Period identified in Part
i
sixty (60) o
days, pr
!RP 6
Facility Agreement - Single vent
I, NHRA
Lessee.
Lease P
amount.
(?) if cancel'
the Lea
refund o
the Rent
(d) NHRA a
Racewa)
NHRA w
for any'
mutually
ill refund twenty-five pe rensi(25 ? days ? ?A f paid of the
If this Lease is made within ?Y
riod identified in Part 1, the Deposit shall not be refundable in any
?tion is received less than thirty (30) days prior to the first data of
?amount of
Period identified in Parishalg er ealnellbl for the full
the C?eposit and Lessee
d Fee identified in Part l-
id Lessee agree that if Lessee cannot conduct its Event at the
!due to weather conditions or Daant Leases is responsible
1 provide the Lessee with a rain or other clel?ry. If a
dditional expenses cauidd by
cceptable date cannot, despite the good With efforts of each
agreed upon,.NHRA shall retain one hundred percent (100%) of
. t paid by Lessee, and Lessee agrees to pay NHRA for any were o the goods and services provided tt a aNHRA riginalhHe? Period already
and/or could not be cancelled
Lessee has inspected the Raceway. and acknowledges that
of this Way bse.
fe and suitable for the intended purposes
dges its ongornq obligation to inspect the
Lessee acknowledges
e an event. By remaining at the Racewto return the Leased
stability of the Raceway. Lessee agrees
rof the
A in the same condition as existed at the beginning
a d to reimburse N anY any of NHRA'sfaciilities and for any property
r8 It of damage to r'I
r destroyed during the Lease Period.
n . Lessee agrees to comply with all rules and regulations
ff d rin the Lease Period, including and without
the Dep
portion
provided
5.
the Raceway i
is
Lessee acknow
during and aft
the safety and
promises to N
Lease Period
incurred as a
lost, damaged
s.
for the Racewa in a act u g rovis
ons limitation, sub ions (a) through 6) below. and l agreemerpits anld the 01 UM
NHRA Ruleboo or other NHRA rules, regulations or anent applicable Drag Racing Minimum Underwriting aGuidelinepslicfor able ru es and
Facilities. NHR will advise Lessee any
regulations: NHFtA
offic (e) f=uel. Un ass otherwise stated ier?se transferred at the iAacewayfland no
maybe d, given away or o
other fue may be sold, given away or otherwise transferred at the
Racewa without the prior written approval of NHRA. Where a "speeb fuel
is permitt d to be used, the fuel supplier will not be allowed to sell, give
away or therwise transfer fuel to any other race groups participating at
the Even
IRP
Facility Agreement -
7
? ? [17y„TC07d • A ?
(b) A n N . Advance notice for all services and equipment is
required. Any physical changes to the Raceway required by Lessee (e.g.
tempora fences, barricades, electrical services, etc.) must be requested
in writing at least ten (10) days prior to the Lease Period.
(c) ,eost__ nas A bulletin board or posting area is provided. No postings may
be made on any building or on any interior walls of buildings unless by
prior wrM n approval of NHRA.
(d) Cated,q Catering services are available. Costs vary due to menu and
head co t. Lessee will be billed and will pay for all services/items used.
NO outsi a food and beverage may be brought into the Raceway.
(e) I h
ewor allow any a
eases may not
without the prior we?tten approval of
R
y
ac
the
present r consumed a
NHRA.
M min No overnight camping in any form is allowed anywhere at the
Raceway without the express written approval of NHRA_
(g) Envir nry, n I R ti . Lessor will be responsible for compliance
nd local environmental rules and regulations with
with all f
respect t ral, state a
activities carried out upon the Raceway by Lessor, its
hi
employe s
s, servants and agents. Lessee's obligations under t
e with any and all noise ordinances and
li
subsecti
ther si anc
shall include comp
lar rules or regulations. Any claim of obligation or liability
o
against RA due to Lessor's failure to comply with environmental rules
d to fall within the indemnification
t
and regu oo
tions is expressly unders
provision of this Lease.
(h) . Lessee will provide copies of its advertising materials to
than thirty (30) days prior to the Lease Period. NHRA shall
l
ess
NHRA n
have the 'ght to approve such materials to the extent that the materials
associated with NHRA or the Raceway.
utilize th name and/or any logos
(i)
and asso
"National
referred t
in this Ag
use any I
printed rr
without tt
approval
amps any . NHRA owns the following names, marks
ated logos and all goodwill associated therewith: NHRA.
lot Rod Association", "Indianapolis Raceway Park" (collectively
as "NHRA Property'). Unless specifically stated to the contrary
isment, neither Lessee nor its vendors shall have any rights to
4RA Property in any fashion (including without limitation on
lerials, advertising. banners, t-shirts. other merchandise, etc.)
prior written consent of NHRA and. if consent is granted,
s to each use.
IRP a
Facility Agnernant - Single Event
7.
a.
Waiver and 1 . Lessee agrees to utilize a system to collect release and
waiver agreem nts from any individuals allowed into restricted areas, including
without limitati Lessee and all employees and contractors of Lessee. Prior to
entering the Ra eway, or as soon as practicable thereafter and in any event
before any appf cable individual enters any restricted area, all employees, agents
and represents ves of Lessee, and all participants in any event conducted by
Lessee shall si n Raceway's standard Release and Waiver of Liability.
Assumption of isk and Indemnification Agreement.
mn
(a)
- Provided By N_ HRA. Lessee must have the following primary
I
od. "NHAA, the Raceway and any
effect during the Lease Peri
orporations, volunteer workers, any person or organization
ponsoring racing vehicles or racing vehicle drivers, any person
or organs ation sponsoring track events or other activities, and racing
vehicle d ivers and their crew" shall be listed as additional insureds for all
claims a sing out of the Lessee's operations (and regardless of any
ne olgen a of the additional insureds) on the Commercial General Liability
and Aut obile Liability policies. All policies will be endorsed to provide
that the i surers shall give thirty (30) days written notice of termination,
alteratio or change therein. and that the coverage provided to the
addition insureds shall be primary and not contributing with the
addition insured's coverage. At least seven (7) days prior to the Lease
L
Period RA with a certificate of insurance
ssee shall furnish N
,
satisfact the
rily evidencing the required coverages, including a copy of
q
actual a itional insured endorsement. Lessee's insurance company
and must be rated by A.M. Best Co. as A+
NHRA
bl
t
must be ,
e
o
ccepta
or higher
• Commercial Gener I Liability insurance with the following minimum limits:
• $2,000,000 ach occurrence/$2,000,000 General Aggregate, including
coverage fo rer laims made by event participants
• $2,000,000 Occurrence Products and Completed Operations Liability and
Personal Injury and Advertising Injury Liability
• Auto Liability incur ce with the following minimum limits:
• $500,000 HI d/Non-owned Automobile Liability
• $500,000 O ned Automobile Liability
• Employers' Liability with the following minimum limits:
IRP 9
Facility Agreement -- Single Event
Bodily injury by Accident $1,000,000 Each Accident
Bodily Injury by Disease $1,000.000 Each Employee
• Bodily Inju by Disease $1,000,000 Policy Limit
(b) team m uvn u? a.rovn¦. o.......-..-°-----------
f Lessee being allowed to conduct activities at the Raceway,
In c;7n.s
Lesives and releases any and all rights of recovery. claims, and
nd operators,
caugainst NHRA, its partners, owned tracks a
spo, ated, allied and subsidiary companies and collectively, their
directors, office , shareholders, employees, and agents, (collectively referred to
in this Section "Released Parties") for injury to, loss of use or destruction of,
any property of essee, irrespective of the cause thereof. and whether due in
whole or in part o the negligence of any of the Released Parties. Lessee
expressly actin ledges and agrees that the activities to be held at the Raceway
are dangerous nd involve the risk of serious injury and/or death and/or property
damage. Neva heless, Lessee agrees to assume the risks in conducting such
activities at the aceway. Further, Lessee shall indemnity, defend and hold the
Released Part! harmless from claims. losses, expenses. costs. obligations and
liabilities (inclu ng attorneys fees and the cost of reasonable settlements) for (i)
bodily injury, ness, disease or death sustained by any person or persons, 0i)
injury to, loss of use or destruction of property, and/or (iii) failure to comply with
federal, state or local laws and regulations, including environmental laws and
regulations, art ng directly or indirectly out of Lessee's operations, and alleged
or ultimately de rmined to be caused in whole or in part by any negligent act or
omission of Les , and regardless of whether or not alleged or ultimately
determined to b caused in part or in whole by the negligence of a Released
Party.
9.
(a) i Any sponsor or advertiser of Lessee which will receive
recognzi n at the Raceway must be received prior written approval by
NHRA. HRA expressly reserves the right to restrict Lessee's recognition
of sport s and advertisers whose business conflicts with that of any
sponsor r advertiser of NHRA, is judged by NHRA to be inconsistent with
the imago and reputation of NHRA, or is otherwise deemed by NHRA not
to be in HRA's best interests. The foregoing limitation includes, without
limitation any obligations of NHRA under agreements for signs, billboards,
scorebo ds, suites etc. that may preclude Lessee's sponsor and
advertise g activities. Upon written approval, Lessee may post signs
recognize approved sponsors. but in no instance may such signage
obscure i any way the permanent signage which already exists at the
Racewa or be posted in a manner which damages or alters any existing
facility or quipment.
IRP 10
Facility Agreement - Sing Event
(b)
(i) L ssee shall not have the right to sell concessions, souvenirs or
e ent programs at the Raceway without NHRA's prior written
approval. In the case of such approval, Lessee will provide NHRA
a complete list of any third party vendors which will sell
c ncessions, souvenirs or programs at the Raceway. In the event
th rd parities are permitted to conduct such activities. they will be
re wired to enter agreements acceptable to NHRA which shall
c ntain provisions and include but are not limited to indemnification
of NHRA and requirements of such insurance as is required by
(11) in an effort to promote the sport of drag racing and/or the NHRA
br nd, NHRA shall have the right, but not the obligation, during the
Event to sell merchandise at a location or locations of its choice
within the Facility.
(c) Tiets.
(i) If essee intends to charge admission to spectators attending
L sea's event at the Raceway, Lessee must inform NHRA of its
in ntin to do so and agree to allow an individual designated by
N RA to supervise all such ticket sales. If NHRA is to share in any
p rtion of revenues collected by Lessee, then NHRA shall have the
ri ht to the inspection of records and audit to verify accuracy of
re orting. If NHRA provides credit card processing for Lessee's
ti et sales, then Lessee shall reimburse NHRA for all fees (e.g.
b k fees, processing fees, etc.) associated with such credit cards
es and processing.
(ii) Idiretion ee acknowledges that NHRA leases suites at the Facility on a
round basis to various tenants (each referred to individually as
ite Lessee"). In the event that any Suite Lessee wishes to
e its suite during the Event, and NHRA at its sole and absolute
approves such use. Lessee agrees to make available a
onable quantity of tickets (not to exceed thirty (30) per Suite
ee) to the Event at a discounted ticket price and to allow Suite
ees access to their suites at no additional charge.
10. Designated Re r'a ntative. The individuals identified in Part I shall serve as
Lessee's "Deli ated Representative" and "Alternative Representative"
respectively ("L ssee's Representatives"). NHRA will work with either of
Lessee's Repre entatives in making all arrangements for the use of the
Raceway. Less a represents that Lessee's Representatives both have the
authority to act in behalf of the Lessee for all matters covered by this Lease.
IRP 11
Facility Agreement - Sin Event
including but limited to committing the Lessee to pay for additional facilities.
equipment or s rvices ordered by either of Lessee's Representatives. Any and
all communicat ns on behalf of Lessee during said Lease period will be
conveyed thro h either of Lessee's Representatives, The Raceway General
Manager will s rve as "Designated Representative" for NHRA.
11. Notio&ha . Lessee and NHRA agree that any and all notices or changes to
this Lease mu be made in writing and must be executed by duly authorized
representative of both Lessee and NHRA. Notices shalt be effective if delivered
in person or u actual receipt when sent by a national overnight delivery
service such a ederal Express.
12. Goveming Law This Lease has been executed in the State of Indiana and shall
be governed b construed and enforced in accordance with the laws of the State
of Indiana. Les see agrees to submit to the jurisdiction of any competent court,
state or federal in Hendricks or Marion County, State of Indiana. Any provisions
of this Lease f nd by a court to be void or unenforceable shall not affect the
validity or enfor ability of any other provisions.
13. Assignment. L ssee shall not have the right to assign this Lease or sublet the
Leased Premi or any part thereof without the prior written approval of NHRA.
14. Rela " i f hfl Lies. The relationship between these parties is that of
independent co tractors and nothing contained in this Lease is intended to have
that effect of m king NHRA and Lessee partners or joint venturers. Lessee may
not contract an debt, liability, or obligation for or against or on behalf of NHRA.
15. NHRA's Acces.- lo F il' . Lessee acknowledges and agrees that Lessee's
occupation of t Raceway is not exclusive and that the agents and employees
of NHRA may a ter and leave the Raceway at all times during the Lease Term
without any limi ation whatsoever.
16. Parties Bound. This Lease shall be binding upon and inure to the parties hereto,
their respective successors and assigns and any trustee in bankruptcy or
receiver.
17. y ,r 'lit . e clauses and provisions of this Agreement are severable, and if
any clause or p ision shall be held illegal, invalid or unenforceable, in whole or
in part, by a co rt of competent jurisdiction, the remaining terms shall remain in
full force and a ct.
18. Termination.
(a) Default ifi i . If either party shall default with respect to any of the
covenan or conditions of this Lease, then the party claiming default shall
IRP I 12
Facility Agreement - Single Event
PART III
N PERSONNEL, SERVICES AND EQUIPMENT
AND ESTIMATE OF EXPENSES
1.
ALS Ambui nce $65.00 per hr X 28 Hrs. $1,820.00
Fire Rescu Unit $55.00 per hr X 27 Hrs. $1,485.00
Over Night ecurity 2 Guards $15.00 per hr X 30 Hrs. $900.00
Sheriff Dep rtment 2 Sheriff's $30.00 per hr X 54 Hrs. $1,620.00
2. Mean- Sanitation
Grounds C an-up Est. $2,700.00
Building CI in-up Est. $1,650.00
3. Race Opera ions and Raceway Staff and Facilities
Event Servi s Supervisor $14.00 per hr X 27 Hrs. $378.00
Event Servi as Persons 14 ® $12.00 per hr X 140 Hrs. $1,680
Ticketing St ff 17 0 $12.00 per hr X 210 Hrs. $2,520.00
Dreg Crew 0 0 $12.00 per hr X 280 Hrs. $3,360.00
4.
Track Ligh it used $150.00 per Hr.
Jet dryer if sed $250.00 + Fuel.
IRP
Facility Agreement -
:vent
14
1
GNational Hot Rod Association
P.O. Box 5555
Glendora, CA 91740-0950
(626) 914-4761
Attn: Accounts Receivable
Scott Sieveking
BPS MOTORSPORTS LLC
8800 John McKeever
Pacific, MO 63060
Due Upon Receipt
WL •
Date: 10/24/2006
Invoice 051960
Customer ID: BPSMOT-0I-II
To insure the proper credit, please
provide the correct invoice number
when making a payment.
VERIFICATION
I, ROBERT D. KODAK, state that I am not a party to the action but that, at the
requestofthe Plaintiff, NATIONAL HOT RODASSOCIATION, and based upon knowledge,
information, records and documents supplied to me by the Plaintiff, the averments set forth
in Plaintiffs Complaint are true. A Verification executed by the Plaintiff can be supplied at
time of trial or upon request.
I understand that false statements herein are made subject to the penalties of 18
Pa. C.S. §4904 relating to unsworn falsification to authorities.
Robert D. Kodak, Esquire
Dated: October 30. 2007
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SHERIFF'S RETURN - REGULAR
CASE NO: 2007-06666 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
NATIONAL HOT ROD ASSOCIATION
VS
BPS MOTORSPORTS LLC DBA MOPAR
WILLIAM CLINE
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
BPS MOTORSPORTS LLC DBA MOPAR AT INDY
DEFENDANT
the
, at 1852:00 HOURS, on the 19th day of November-, 2007
at C/O ALLEN BROWN PRESIDENT
MECHANICSBURG, PA 17055
ALLEN BROWN
520 NURSERY DRIVE
by handing to
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Postage
Surcharge
Sworn and Subscibed to
before me this
So Answers:
18.00
2 3 . 0 4,%:???
.58 ;
10.00 R. Thomas Kline
.00
51.62 11/20/2007
KODAK & IMBLUM
By.
day Deputy Sheriff
of , A. D.
NATIONAL HOT ROD ASSOCIATION IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V NO. 2007-6666 CIVIL TERM
BPS MOTORSPORTS, LLC doing business
as MOPAR AT INDY CIVIL ACTION - LAW
Defendant(s)
TO: PROTHONOTARY, COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PRAECIPE FOR DEFAULT JUDGMENT
Enter judgment in favor of Plaintiff and against Defendant(s) BPS MOTORSPORTS, LLC
doing business as MOPAR AT INDY, named for failure to file within the required time an
Answer to the Complaint in the above-captioned case and assess the Plaintiffs damages
as follows:
Amount claimed in Plaintiffs Complaint
$21,350.83
Interest at the statutory rate of 6% per annum from November 24, 2006 1441.18
Total =
$22,792.01
It is hereby certified that a written notice of intention to file this Praecipe was mailed to the
Defendant(s) and his attorney of record, after the default occurred and at least ten (10)
days prior to the date of the filing of this Praecipe. See Exhibits A & B attached.
KODAK & L , PC.
By -
Robert D. Kodak, Attorney for Plaintiff
DATED: Judgment entered and damages assessed as above.
5
othonotary °?
LAW OFFICES OF
KODAK & IMBLUM, P.C.
Robert D. Kodak CAMERON MANSION
Gary J. Imblum 407 NORTH FRONT STREET
POST OFFICE BOX 11848
HARRISBURG, PA 17108-1848
kki.law®verizon.net
December 10, 2007
BPS MOTORSPORTS, LLC D/B/A-MOPAR AT INDY
C/O ALLEN BROWN - PRESIDENT
520 NURSERY DRIVE
MECHANICSBURG PA 17055
RE: National Hot Rod Association
VS: BPS Motosports, LLC dba Mopar at Indy
No. 2007-6666 Civil Term, Court of Common Pleas
Cumberland County, Commonwealth of Pennsylvania
Our File No. 33687
Greetings:
eey
Facsimile
717.238.7158
In accordance with Pennsylvania Rules of Civil Procedure 237.1(a)(2), we are enclosing
herewith a Notice of a Praecipe for Entry of Default Judgment According to the records as
they are found in the Office of the Prothonotary of Cumberland County, you have not filed
responsive pleadings to the Complaint filed against you to the above term and number, nor has
any attorney entered an appearance on your behalf.
Accordingly, we are forwarding to you the enclosed Notice which indicates that if you
do not take action as set forth in this Notice, we, at the expiration of time indicated therein, will
request the Office of the Prothonotary of Cumberland County to enter Judgment against you in
the amount as set forth in said Complaint
Very truly yours,
KODAK & IMBLUM, P.C.
Robert D. Kodak
RDK/kqb
enclosure
cc: KIM OLINS
JONATHAN NEIL & ASSOCIAT
18321 VENTURA BLVD STE 100 EXHOfr
TARZANA CA 91356
#294517-2-333
A
FILE COPY
NATIONAL HOT ROD ASSOCIATION IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v NO. 2007-6666 CIVIL TERM
BPS MOTORSPORTS, LLC doing business
as MOPAR AT INDY CIVIL ACTION - LAW
Defendant(s)
IMPORTANT NOTICE
TO: BPS MOTORSPORTS, LLC DBA MOPAR AT INDY, Defendant(s)
DATE OF NOTICE: DECEMBER 10, 2007
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU
ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE
ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR
OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE PA 17013
(717) 249-3166
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4 ' • 1
NATIONAL HOT ROD ASSOCIATION IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY,
PENNSYLVANIA
v
NO. 2007-6666 CIVIL TERM
BPS MOTORSPORTS, LLC doing
business as MOPAR AT INDY
Defendant(s) CIVIL ACTION - LAW
TO: BPS MOTORSPORTS, LLC DBA MOPAR AT INDY, Defendant(s)
You are hereby notified that on k L n , to , 20PI the following
(judgment) has been entered against you in the above-captioned case.
udgment entered in the amount of $22,792.01.
DATE: J . e.
onotary
I hereby certify that the name and address of the proper person(s) to receive this
notice is:
BPS MOTORSPORTS, LLC D/B/A MOPAR AT INDY
C/O ALLEN BROWN - PRESIDENT
520 NURSERY DRIVE
MECHANICSBURG PA 17055
PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS)
P.R.C.P. 3101 to 3149
NATIONAL HOT ROD ASSOCIATION IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff Writ No.
vs
BPS MOTORSPORTS, LLC
d/b/a MOPAR AT INDY
520 NURSERY DRIVE
MECHANICSBURG, PA 17055
Defendant(s)
Term 20
No. 2007-6666 CIVIL Term 2007
Amount due $ 22,792.01
Interest @ 6% FROM DATE OF TUDG =315 per diem -1110108
Atty's Comm. $ 1.139.60
Costs to be determined $
TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER,
(1) Directed to the Sheriff of CUMBERLAND County, Pennsylvania
(2) against BPS MOTORSPORTS, LLC d/b/a MOPAR AT INDY
e en an s ;
(3) and against
arrus ee s ;
(4) and index this writ
(a) against BPS MOTORSPORTS, LLC d/b/a MOPAR AT INDY
e en an s an
(b) against
arnis ee s ,
as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s) as follows:
(Specifically describe property and note any specific direction to Sheriff) Furnish 4 copies for real estate levy)
LEVY UPON ALL PERSONAL PROPERTY OFTHE ABOVE-LISTED DEFENDANT(S) ATTHE ABOVE ADDRESS IN CUMBERLAND
COUNTY, INCLUDING BUT NOT LIMITED TO CASH ON HAND, EQUIPMENT, FURNITURE, EWELRY, ELECTRONICS,
VEHICLES, SUPPLIES, ETC.
(5) Exemption has (not) been waived.
Dated 1/30/08
Robert D. Kodak, Esquire
PO Box 11848
Harrisburg, PA 17108
(717) 238-7159
Attorney For Plaintiff(s)
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
N007-6666 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due NATIONAL HOT ROD ASSOCIATION Plaintiff (s)
From BPS MOTORSPORTS, LLC DB/AMOPAR AT INDY, 520 NURSERY DRIVE,
MECHANICSBURG, PA 17055
(1) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON ALL
PERSONAL PROPERTY OF THE ABOVE-LISTED DEFENDANT(S) AT THE ABOVE
ADDRESS IN CUMBERLAND COUNTY, INCLUDING BUT NOT LIMITED TO CASH ON
HAND, EQUIPMENT, FURNITURE, JEWELRY, LECTRONICS, VEHICLES, SUPPLIES,
ETC..
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof,
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due$22,792.01
L.L.$.50
Interest @ 6% FROM DATE OF JUDG=3.75 PER DIEM - 1/10/08
Atty's Comm %$1,139.60 Due Prothy $2.00
Atty Paid $170.62
Plaintiff Paid
Other CostsTO BE DETERMINED
Date: January 31, 2008
(Seal)
REQUESTING PARTY:
Name ROBERT D. KODAK, ESQUIRE
Address: PO BOX 11848
HARRISBURG, PA 17108
Attorney for: PLAINTIFF
a
C s R. Long, Pro ary
By:
Deputy
Telephone: 717-238-7159
Supreme Court ID No. 18041
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this
Writ is returned ABANDONED, no action taken in six months.
Sheriff's Costs:
Docketing.
Poundage
Advertising
Law Library
Prothonotary
Milage
Misc.
Surcharge
Levy
Post Pone Sale
Certified Mail
Postage
Garnishee
Advance Costs: 150.00
74.79
18.00 75.21
1.47
Refunded on 10/29/08
.50
2.00
12.00
20.00
20.00
.82 n
74.79 ? `?/6 c.10 r `/,
8S d I 933 0001
dd `A1Nn00 QN'?381n?i
33183HS 3H1 A0 301 X30
So Answers,
R. Thomas Kline, Sheriff
h
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CN%
4NI
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
N007-6666 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due NATIONAL HOT ROD ASSOCIATION Plaintiff (s)
From BPS MOTORSPORTS, LLC D/B/AMOPAR AT INDY, 520 NURSERY DRIVE,
MECHANICSBURG, PA 17055
(1) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON ALL
PERSONAL PROPERTY OF THE ABOVE-LISTED DEFENDANT(S) AT THE ABOVE
ADDRESS IN CUMBERLAND COUNTY, INCLUDING BUT NOT LIMITED TO CASH ON
HAND, EQUIPMENT, FURNITURE, JEWELRY, LECTRONICS, VEHICLES, SUPPLIES,
ETC..
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due$22,792.01
L.L.$.50
Interest @ 6% FROM DATE OF JUDG=3.75 PER DIEM -1/10/08
Atty's Comm %$1,139.60 Due Prothy $2.00
Atty Paid $170.62
Other CostsTO BE DETERMINED
Plaintiff Paid
Date: January 31, 2008
(Seal)
C . Long, ary
By:
REQUESTING PARTY:
Name ROBERT D. KODAK, ESQUIRE
Address: PO BOX 11848
HARRISBURG, PA 17108
Attorney for: PLAINTIFF
Telephone: 717-238-7159
Deputy
Supreme Court ID No. 18041