HomeMy WebLinkAboutChurch of Jesus Christ of Latter-Day Saints; 2019-04-25;{city of
Carlsbad HOLD HARMLESS AGREEMENT
The Church of Jesus Christ of Latter-day Saints
Property User: The City of Carlsbad, California
Property Location or Description: The parking lot of the Chapel of the Church of Jesus Christ of Latter-
day Saints, located at 3450 Camino de las Caches, Carlsbad, CA 92009
Property to be used solely for: Overflow parking at TGIF Concerts in the Parks taking place at Stagecoach
Community Park
Dates property to be used: Friday, June 21, Friday, June 28, 2019 and Friday, July 5, 2019
Time property to be used: From 4 p.m. to 9 p.m. on each date
Liability Insurance Company: COUNTY SUPERVISORS ASSOCIATION OF CALIFORNIA DBA CALIFORNIA
STATE ASSOCIATION OF COUNTIES EXCESS INSURANCE AUTHORITY (CSAC EIA)
Policy Number: EIA-PE 16 EL-92
Combined single limit coverage amount: $25,000,000 excess 1 million SIR
In consideration for the permission granted by the Presiding Bishop of the Church of Jesus Christ of
Latter-day Saints or other affiliate property owner (the "Property Owner") to use the above-described
property, the Property User assumes and accepts, to the fullest extent permitted by law, all risks of
injury to itself and its guests, invitees, and licensees, whether to person or property, including but no.t
limited to any injuries caused by the condition of the property, the use of the property by the Property
User, or the ordinary negligence of the Property Owner.
The Property User shall use the property for the above-described uses and for no other purposes, unless
the Property Owner gives its prior written consent to another use. The Property User shall promptly
repair any damage to the property or the Property Owner's improvements located thereon that are
caused by the use of entry onto the property by the Property User or its guests, invitees, or licensees.
The Property User further agrees, to the fullest extent permitted by law, to indemnify, hold harmless,
and defend the Property Owner, its affiliates, members, agents, servants, employees, officers, and
representatives (the "lndemnitees") from any and all claims for injury or damage, whether to person or
property, including damage or injury caused by the ordinary negligence of the indemnitees, arising or
alleged to have arisen out of the condition of the property or the sues of the property by the Property
User, its guests, invitees, or licensees.
The Property Owner makes no representations as to the fitness of the property for any particular
purpose. The Property User accepts the property as is.
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The undersigned represents and warrants that the Property User has currently in effect and will
maintain self-insurance and excess liability insurance described above and that the undersigned is duly
authorized to execute and deliver this agreement.
This agreement shall be governed by the laws of the State of California, without reference to conflict-of-
law principles. Should any provision of this agreement be deemed unenforceable, the remaining
provisions shall continue in force. In any action to enforce this agreement, the prevailing party shall be
entitled to its reasonable costs, including attorney's fees.
Date:
ser: City of Carlsbad, California
Approved as to Form:
Celia A. Brewer, City Attorney
11d_(2_
~ Assistant City Attorney
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