HomeMy WebLinkAbout2025-06-17; City Council; Resolution 2025-130Exhibit 1 RESOLUTION NO. 2025-130
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING THE CITY MANAGER OR DESIGNEE TO APPROVE
A LICENSE AGREEMENT WITH THE COUNTY OF SAN DIEGO FOR USE OF THE
COUNTY’S EMERGENCY VEHICLE OPERATIONS CENTER
WHEREAS, the City Council of the City of Carlsbad, California has determined it is necessary,
desirable and in the public’s interest to provide emergency vehicle operation course training to its
police officers, which is specialized training for personnel who operate emergency vehicles; and
WHEREAS, the County of San Diego owns and operates the Emergency Vehicle Operations
Center at 7361 Otay Mesa Road, San Diego, California; and
WHEREAS, the Emergency Vehicle Operation Center allows for emergency vehicle operation
course training; and
WHEREAS, the County of San Diego requires the City of Carlsbad to enter into a license
agreement for the use of the Emergency Operations Center for emergency vehicle operation course
training; and
WHEREAS, the County of San Diego’s license agreement requires the City of Carlsbad to broadly
indemnify, defend, protect, and hold harmless the County of San Diego.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1.That the above recitations are true and correct.
2.That the proposed action is not a “project” as defined by California Environmental
Quality Act Section 21065 and CEQA Guidelines Section 15378(a) and does not
require environmental review under CEQA Guidelines Section 15060(c)(2) because the
action is limited to the execution of a license agreement to allow the Police
Department to use the Emergency Vehicle Operations Center in San Diego for training
purposes. The action has no potential to cause either a direct physical change in
the environment or a reasonably foreseeable indirect physical change in the
environment.
3.That the City Manager, or designee, is authorized to execute the license agreement for
the use of the Emergency Vehicle Operation Center with the County of San Diego
(Attachment A).
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4.That the City Manager or designee is authorized to execute future amendments to the
license agreement and other future license agreements for the use of the Emergency
Vehicle Operation Center, which are approved as to form by the City Attorney’s Office.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City
of Carlsbad on the 17th day of June, 2025, by the following vote, to wit:
AYES: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin.
NAYS: None.
ABSTAIN: None.
ABSENT: None.
______________________________________
KEITH BLACKBURN, Mayor
______________________________________
SHERRY FREISINGER, City Clerk
(SEAL)
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LICENSE
COUNTY OF SAN DIEGO
EMERGENCY VEHICLE OPERATIONS CENTER
This license agreement (“License”) is entered into between the County of San Diego, a
political subdivision of the State of California (“County”), and the City of Carlsbad (“Licensee”).
RECITALS
A.County owns and maintains a 40-acre training facility (defined as “Facility” in
Section 1) on County-owned property located at 7361 Otay Mesa Road, San Diego, California.
B.Licensee is a public entity that desires permission for the use of the Facility by
Licensee’s Police Department.
C.The Director, Department of General Services (“Director”), finds that grant of a
license to Licensee for use of the Facility is in the public interest of promoting public safety and
use of the training facility by Licensee will not substantially conflict or interfere with the use of
the Facility by the County as the Licensee’s use is non-exclusive.
D.County would like to grant permission to the Licensee to use the training facility
subject to the following terms and conditions.
LICENSE
1.Facility. The property subject to this License is located at 7361 Otay Mesa Road,
San Diego, California and includes land for a driving course, street grid, skills pad (“Course”),
62,240 square feet of structures (“Training Rooms”), and 170 parking spaces that comprise the
“San Diego Emergency Vehicle Operations Center” (“Facility”). The Facility is further
described in EXHIBIT “A” FACILITY MAP of this License.
2.Use. Licensee is hereby given a non-exclusive license to use the Facility for
meeting and training purposes only upon the terms and conditions contained in this License.
3.Term. The term (“Term”) of this License shall commence upon execution of this
License by the Director (“Commencement Date”) and shall expire five (5) years from the
Commencement Date unless earlier terminated by County or Licensee upon ten (10) days’
written notice to the other party.
4.Facility Reservations. Licensee shall request in writing specific days and specific
times for the use of the Facility at least ten (10) business days prior to the date of requested use.
Written requests shall be e-mailed to the Emergency Vehicle Operations Center (“EVOC”)
Sergeant Daniel Gutierrez at EVOC@sdsheriff.org or made by telephone at 858-285-2010.
County will provide a written confirmation of a reservation, provided the Facility is available for
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use at the day and time requested. If the day and time requested is not available, notification will
be provided to the Licensee within three (3) business days of the request via e-mail or telephone.
Licensee agrees and understands that the Facility may be reserved only if the Facility is not in
use by County or other parties under a license with County and that reasonable accommodation
of all parties using the Facility is the desired objective. Reservations for Structured Training
Events (defined in EXHIBIT “C”) will require additional information as described in EXHIBIT
“C” RULES AND REGULATIONS of this License.
5. Fees. Licensee shall pay fees for use of the Facility as described in EXHIBIT “B”
FEE SCHEDULE of this License. County reserves the right to revise the fee schedule at any
time during the Term. County shall provide ninety (90) days’ written notice to Licensee of any
change to the fee schedule.
6. County Use of Facility. County reserves the right to use the Facility at all times
and to close the Facility during times of emergency or when needed for County activities.
7. Access. Licensee and Licensee’s employees, guests, agents and invitees
(“Licensee Parties”) shall not impede the flow of vehicular traffic on, or restrict public access to
or from, the Facility. Licensee shall not interfere with County operations at the Facility. When
on the Facility, Licensee and Licensee Parties shall drive only on established roadways and
driveways.
8. License. This License is not a lease, does not create or convey an easement and
does not convey any interest or estate in real property to Licensee. County may enter the Facility
covered by this License at any time during the Term.
9. Maintenance, Cleanup and Repair. Licensee shall conduct Licensee’s operations
in an orderly manner and shall leave the Facility in as clean and good a condition as when
Licensee first entered the Facility pursuant to this License. If Licensee damages any County
property or facilities or incurs excessive cleanup of the Facility, Licensee shall promptly inform
the Facility office (at the address stated in Section 23 below) and shall promptly reimburse
County for the full costs that County incurs to clean the Facility, repair the damage, or replace
the damaged property. Any damage or vandalism to the Facility caused by Licensee or Licensee
Parties may result in the immediate termination of the License at the sole discretion of the
County.
10. Storage. Licensee shall not store or leave any personal property or equipment on
or in the Facility without obtaining the prior written consent of the Facility office.
11. License on Site. Licensee shall have a copy of this License available at all times
when Licensee is using the Facility. Licensee shall show a copy of this License to County staff
upon request.
12. Compliance with Laws. Licensee shall comply with all federal, state and local
laws, statues, ordinances, rules or regulations, orders, covenants, restrictions of record, and
requirements, including all provisions of the Occupational Safety and Health Act of 1979 (“Act”)
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and all amendments to the Act, that apply to Licensee’s use of the Facility.
13. Rules and Regulations. Licensee shall comply with the rules and regulations for
the Facility attached as EXHIBIT “C” RULES AND REGULATIONS of this License.
14. Safety. Licensee shall comply with all applicable federal, state and local safety
regulations including the regulations attached as EXHIBIT “C” RULES AND REGULATIONS,
EXHIBIT “D” COURSE SAFETY OFFICER QUALIFICATIONS and EXHIBIT “E” COURSE
SAFETY POLICY of this License.
15. Compliance with Stormwater Laws. Licensee’s use of the Facility is subject to all
present or future federal, state and local laws, statutes, regulations, ordinances, policies,
guidelines and orders (“Stormwater Laws”) regarding the discharge of pollutants into the
stormwater conveyance system. As applicable to the Licensee’s use of the Facilities, Licensee’s
compliance with Stormwater Laws may include requirements for Licensee to develop, install,
implement and maintain pollution prevention measures, source control measures and Best
Management Practices (“BMPs”). BMPs can include operational practices, water or pollutant
management practices, physical site features, or devices to remove pollutants from stormwater,
to affect the flow of stormwater or to infiltrate stormwater to the ground. BMPs applicable to
Licensee’s use of the Facility may include a requirement that all materials, wastes or equipment
with the potential to pollute urban runoff be stored in a manner that either prevents contact with
rainfall and stormwater, or contains contaminated runoff for treatment and disposal. Licensee is
required to and shall use, operate, maintain, develop, redevelop and retrofit the Facility, as
necessary, in accordance with Stormwater Laws restricting the discharge of non-stormwater at or
from the Facility and Stormwater Laws requiring pollution prevention measures, source control
measures, or the installation or use of BMPs. Licensee shall develop, install, implement and/or
maintain at Licensee’s sole cost and expense, any BMPs or similar pollution control devices
required by Stormwater Laws and any implementing regulations or guidance. Licensee
understands and acknowledges that the Stormwater Laws applicable to Licensee’s use of the
Facility may be changed from time to time by federal, state and/or local authorities, and that
additional requirements may become applicable based on changes in Licensee’s activities or
development or redevelopment by Licensee or County. Licensee shall conduct stormwater
training and perform regular stormwater self-inspections, and maintain records of all stormwater
training and self-inspections and provide all necessary documentation to County upon request.
Licensee shall develop, install, implement, and maintain any additional BMPs and/or other
pollution control practices at the Facility at Licensee’s sole expense. To the extent there is a
conflict between any federal, state, or local law, Licensee shall comply with the more restrictive
provision. If County receives any fine or fines from any regulatory agency as a result of
Licensee’s failure to comply with Stormwater Laws, Licensee shall reimburse County for the
entire amount of the fine(s).
16. Hazardous Substances. Licensee shall be solely responsible for fully complying
with all applicable present or future federal, state and local laws, statutes, regulations,
ordinances, policies, guidelines and orders of any governmental entity regarding contaminated
soils, hazardous materials or environmental cleanup. If any hazardous substance spills, leaks or
is discharged from any facility on the Facility as a result of Licensee’s or Licensee Parties’ (as
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defined in Section 18) use of the Facility, Licensee shall immediately make all repairs necessary
to prevent further spills, leaks or discharges and shall immediately clean up and promptly
dispose of the spilled hazardous substance and any soil contaminated by the spill. If Licensee
fails to make the required repairs, to clean up the spill or to properly dispose of any contaminated
soil, County may after written notice to Licensee take all steps County deems necessary to make
the necessary repairs, to clean up the spill and to dispose of any contaminated soil. Licensee
shall reimburse County for the cost of all reasonable repair and cleanup work performed by
County attributable to Licensee’s or Licensee Parties’ use of the Facility. Licensee shall
reimburse the County for the cost of any work, plus administrative expenses, within thirty (30)
days of receiving a bill for the work from the County. Licensee shall be solely responsible for
paying all fines, damages and penalties imposed by any governmental agency regarding the
production, storage, distribution, processing, handling, disposing, spilling, leaking or discharging
of any hazardous substance on the Facility by Licensee or Licensee Parties. To the fullest extent
permitted by law, and in addition to and without limiting Licensee’s indemnification obligations
to County under Section 18 and excluding material expended from ammunition or ordnance by
Licensee pursuant to the terms and conditions of this License, Licensee shall indemnify, defend,
reimburse and hold harmless County, County’s elected officials, officers, employees and agents
from any and all liability, claims, damages or injuries to any person, including injury to the
County or any of County’s elected officials, officers, employees, agents, representatives, guests,
licensees, invitees, patrons, or of any other person, and all expenses of investigating and
defending against all liability, claims, damages or injuries, arising from or alleged to have arisen
from or in connection with the presence of hazardous substances, toxic materials or hazardous
waste upon, about or beneath the Facility brought onto the Facility or released on the Facility by
Licensee or Licensee Parties or arising in any manner out of the violation of any governmental
regulation pertaining to hazardous substances, toxic materials or hazardous waste by Licensee or
Licensee Parties.
17. County Access. County, or County’s representatives or agents, may enter the
Facility at any and all reasonable times during the Term of this License for the purpose of
determining whether Licensee is complying with the terms and conditions of this License, or for
any other purpose incidental to the rights of County.
18. Indemnification. County shall not be liable for, and Licensee shall defend and
indemnify County and County’s elected officials, officers, employees and agents (collectively
“County Parties”) against, any and all claims, demands, liability, judgments, awards, fines,
mechanics liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any
kind or character, including attorneys’ fees and court costs (collectively “Claims”), related to this
License or Licensee’s use of the Facility and arising either directly or indirectly from any act,
error, omission or negligence of Licensee or its contractors, agents, volunteers, servants or
employees (collectively, “Licensee Parties”), including, without limitation, Claims caused by the
concurrent negligent act, error or omission, whether active or passive, of County Parties.
Licensee shall have no obligation, however, to defend or indemnify County Parties from a Claim
if it is determined by a court of competent jurisdiction that the Claim was caused by the sole
negligence or willful misconduct of County Parties.
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19. Insurance.
a. Self-insurance. Licensee is fully self-insured for damage resulting from
liability of Licensee or any of Licensee’s agents or employees. Licensee’s utilization of self-
insurance shall not in any way limit liabilities assumed by Licensee under this License. If
Licensee ceases to be self-insured during the Term of this License, Licensee shall furnish to
County proof of insurance in form and amounts satisfactory to County. County’s requirements
shall be reasonable, but shall be designed to insure protection from risks that exist at the time a
change in insurance is required.
b. Workers Compensation Insurance. Licensee shall provide Workers
Compensation insurance at Licensee’s sole cost and expense. Licensee and its insurance carrier
shall not be entitled to recover any costs, settlements or expenses of Workers Compensation
claims arising out this License. If Licensee is a Federal Agency, the Federal Employees
Compensation Act (FECA) would be acceptable to County’s Risk Management Division
regarding this coverage.
20. Assumption of Risk and Release. Licensee, by accepting this License, expressly
acknowledges that use of the Facility creates a risk of personal injury and property damage.
Licensee, on behalf of Licensee and Licensee Parties, hereby assumes all risk of injury to any
Licensee Parties and personal property arising out of Licensee’s use of the Facility, and fully
releases, waives, agrees not to make any Claim (as defined above in Section 18) or to sue
County, and forever discharges County and County’s elected officials, officers, employees, and
agents from any Claims arising from entry upon or use of the Facility.
21. Accidents. If a death, serious personal injury or substantial property damage
occurs in connection with the performance of this License, Licensee shall immediately notify the
Sheriff’s Communication Center at 858-565-5030. Licensee shall promptly submit to County a
written report, in any form required by County, of any accidents that occur in connection with
this License. The report must include the following information: (i) the name and address of the
injured or deceased person(s); (ii) the name and address of Licensee’s liability insurance carrier;
and (iii) a detailed description of the accident and whether any of County’s equipment, tools,
material or staff was involved.
22. Assignment. Licensee shall not assign or transfer any interest in this License.
23. Notices. Any notice, other than the Facility reservations described in Section 4 of
this License, that is required or permitted to be given pursuant to this License shall be written
and shall be effective (i) when personally delivered to the recipient or sent by facsimile
transmission, or (ii) on the third business day after being sent by the United States Postal Service,
postage prepaid and addressed to the party as follows:
If to County: Emergency Vehicles Operations Center
7361 Otay Mesa Road
San Diego, California 92154
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With a copy to: County of San Diego
Department of General Services
Asset Management Division
5560 Overland Avenue
Suite 410
San Diego, California 92123
If to Licensee: Attention: Sergeant Jim Willis
City of Carlsbad Police Department
2560 Orion Way
Carlsbad, California 92010
Telephone Number: (442) 339-5679
Email: james.willis@carlsbadca.gov
If Licensee’s contact information changes during the term of this License, Licensee shall
notify County in writing within five (5) business days of the change.
24. Entire Agreement. This License constitutes the entire agreement between County
and Licensee with respect to the subject matter of this License, and all prior or contemporaneous
agreements, understandings and representations, oral or written, are superseded.
25. Interpretation. This License shall be governed by the laws of the State of
California. However, the provisions of this License shall be strictly construed against Licensee.
26. Authority to Sign. Licensee represents and warrants that Licensee has full power
and authority to execute and fully perform Licensee’s obligations under this License without the
need for any further action, and that the person executing this License on behalf of Licensee is
the duly designated agent of Licensee and is authorized to act on behalf of Licensee.
27. Business Days. The term “business days” as used in this License means any
calendar day other than a Saturday, Sunday, or official County holiday.
28. Exhibits. All exhibits referred to in this License are attached to this License and
incorporated into this License by reference.
29. Effective Date. County and Licensee have executed this License as of the day
and year written below. This License shall be effective as of the date of its execution by the
Director.
30. Counterparts; Electronic Transmittal; Electronic Signatures. This License may be
executed in counterparts, and County and Licensee agree that each counterpart shall constitute
one agreement binding on County and Licensee, notwithstanding that County and Licensee are
not signatory to an original or same counterpart. Executed counterparts of this License may be
transmitted electronically, and County and Licensee agree that each counterpart of a fully
executed License transmitted electronically via pdf attachment shall be binding as if the
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signatures transmitted electronically were original signatures. This License may be executed
using electronic signatures, and County and Licensee agree that each electronic signature shall
have the same legal effect and enforceability as a manually executed signature to the extent
provided for in the Uniform Electronic Transactions Act codified in State of California Civil
Code Sections 1633.1 - 1633.17.
SIGNATURES
Licensee: County:
City of Carlsbad County of San Diego, a political
subdivision of the State of California
By: __________________________ By: ______________________________
Christie Calderwood, Chief of Police Marko Medved, P.E., CEM, Director,
Carlsbad Police Department Department of General Services
Date: _________________________ Date: _________________________
APPROVED AS TO FORM:
CINDIE K. McMAHON, City Attorney
BY:____________________________
Assistant City Attorney
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EXHIBIT “A”
FACILITY MAP
Location Map
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EXHIBIT “A”
FACILITY MAP
Site Map
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EXHIBIT “A”
FACILITY MAP
Site Plan
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EXHIBIT “B”
FEE SCHEDULE
EMERGENCY VEHICLE OPERATIONS CENTER EFFECTIVE 05/06/2022
STRUCTURED TRAINING EVENTS
4-hours
8-hours
Full Course Driving Course $1402 $2804
Driving Skills Pad $467 $934
City Street Grid $467 $934
High Speed Course $467 $934
4-hours
8-hours
Classroom $220 $440
4-hours
8-hours
Ford Explorer Police Pursuit Vehicle $90 $179
Revised 5/6/2022
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EXHIBIT “C”
RULES AND REGULATIONS
The use of the EVOC Facility is subject to the rules and regulations below, which is
subject to change during the Term of this License. Any changes will be communicated by
County personnel at the EVOC office at the time when appointments are made and/or at check-in
for facility use.
1. The Licensee shall report to the EVOC office prior to driving.
2. The Licensee shall read and acknowledge the EVOC safety rules.
3. The Licensee shall check out with the EVOC office prior to leaving the Facility.
4. All damage and injuries must be reported to EVOC office as soon as possible but no later
than the time of check out and reported pursuant to Section 21 of this License.
5. Licensee and Licensee’s employees, guests, and invitees shall not repair vehicles while
on the EVOC facility. If a fuel spill or oil leak occurs, notify EVOC staff immediately for
proper hazmat cleaning and disposal. Pursuant to Section 16 of this license, the Licensee
is responsible for fully complying with all federal, state, and local laws pertaining to
hazardous substances.
Structured Training Events
To reserve a portion of the track, or use a Training Room for a Structured Training Event, the
Licensee must:
1. Contact the EVOC’s scheduling office to check availability at 858-285-2010.
2. Submit a request via email at EVOC@sdsheriff.org or to 858-285-2010 a minimum of
ten (10) business days prior to requested date. The written request must include the
following information:
a. Name of the EVOC Safety Officer (defined in EXHIBIT “D”) who will oversee
the training.
b. Identification of the portion of the track or Training Room being requested.
c. Date and time of requested use and number of attendees.
d. Synopsis of the training or event being conducted.
e. Types of vehicles to be used.
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3. Confirm that the EVOC Safety Officer that will oversee the training meets the
qualifications listed in EXHIBIT “D” EVOC SAFETY OFFICER QUALIFICATIONS.
4. The EVOC Safety Officer shall conduct a pre-use inspection of the Facility. Any
maintenance discrepancy should be brought to the attention of the EVOC office prior to
use.
5. The EVOC Safety Officer, at the conclusion of training, shall sign out at the EVOC
office. Any damage or injuries shall be reported prior to leaving the Facility and reported
pursuant to Section 21 of this License.
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EXHIBIT “D”
COURSE SAFETY OFFICER QUALIFICATIONS
To schedule the use of the EVOC Facility for a Structured Training Activity, Licensee shall:
1. Be a government entity authorized to use the Facility.
2. Designate an “EVOC Safety Officer” who has completed a “Peace Officer Standards and
Training” [POST] approved DAI, DTI instructor certification course or equivalent.
3. Submit a letter attesting to the POST certification course, or equivalent course, attended
by the EVOC Safety Officer and the date of the certification.
4. Attend a safety briefing with EVOC Facility staff highlighting current operational
procedures.
5. Have the EVOC Safety Officer attend an annual update course or review of updated
Facility policy as dictated by the Sheriff’s “Lead EVOC Instructor”.
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EXHIBIT “E”
COURSE SAFETY POLICY
It is the responsibility of the Sheriff’s Lead EVOC Instructor, Facility staff and the Licensee’s
EVOC Safety Officer to ensure a safe training environment by enforcing and obeying the
following safety guidelines:
General Safety Rules
1. Safety is everyone’s responsibility.
2. Authorization to use the Facility is restricted to Licensee and Licensee Parties, who must
be government personnel.
3. Civilian guests, accompanied by a Licensee Party, may use the Facility. However, this
use must be scheduled in advance and supervised by Facility staff.
4. Signing in and out at the EVOC office is mandatory.
5. No person under the age of 18 may enter the Facility without prior authorization of
Facility staff.
6. Any person displaying symptoms of intoxication will not be allowed at the Facility. Any
person using prescription drugs must report prescription drug usage to the EVOC Safety
Officer or Facility staff prior to using the track. EVOC staff reserves the right to question
an individual’s sobriety or ability to operate a vehicle and to deny access to the Facility at
Facility staff’s sole and absolute discretion. The individual will be released to a
competent guardian and shall leave the Facility.
7. Smoking is not allowed at the Facility.
8. Pursuant to Section 9 and Section 21 of this license, all damage must be promptly
reported to the EVOC office.
9. All injuries must be reported to the EVOC office immediately. Any response to medical
emergencies shall be in compliance with the “Medical Response Procedures” set forth in
the San Diego County EVOC Policy & Procedures Manual.
10. No dogs are allowed at the Facility, except for law enforcement or military canines
secured within law enforcement or military vehicles. Dogs shall not leave a vehicle
while at the Facility. No “breaking” of a dog will be allowed at the Facility.
11. All vehicles will be driven in a safe and reasonable manner.
In addition to the general safety rules, the following rules apply to the use of the specified
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courses:
High Speed Course
1. Sections of the course maybe blocked off by cones, only EVOC personnel are authorized
to open the area. If you need access, notify EVOC staff.
Skills Pad
1. Designated for slow speed maneuvers, do not exceed 30 mph.
2. No burnouts.
City Street Grid
1. Obey all stop signs on the course.
2. Do not drive through areas closed off with traffic cones or barriers.
ATV / Side-by-Sides (UTVs)
1. All riders shall wear long sleeve shirts, pants, over the ankle boots, gloves, goggles, and a
DOT helmet.
2. Follow manufacturer guidelines and warning.
3. Ride/drive within individual capabilities.
4. Do not exceed speeds deemed unsafe for the conditions.
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