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HomeMy WebLinkAboutChurch of Jesus Christ of the Latter-Day Saints; 2020-02-26;· {cityof 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 los Coches, Carlsbad, CA 92009 Property to be used solely for: Overflow parking at TGIF Concerts in the Parks taking place at Stagecoach Community Park Dates and times property to be used: Friday, August 7, 14 and 21, 2020 from 4 p.m. to 9:30 p.m. 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 not 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. " ... . 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: Property User: City of Carlsbad, California Approved as to Form: Celia A. Brewer, City Attorney Sef::He1'-Assistant City Attorney RISK MANAGEMENT Request for Certificate of Insurance To obtain evidence of the City's insurance or to add a party to the City's insurance policy, please complete this form and send it to Risk Management. 1. □ OR Iii OR □ 2. The organization is requesting evidence of insurance coverage. The organization is requesting to be added as an additional insured to the City's policy. A copy of the entire contract must be attached for this request. The organization is requesting to be added as an additional insured to the City's policy by endorsement to the policy. A copy of the entire contract must be attached for this request. Name of company/person who is to be named as the certificate holder or the additional insured on the certificate: Church of Jesus Christ of Latter Day Saints 3. Name and address of person to whom certificate should be mailed: Mr. Brian Chapman 3450 Camino de los Coches Carlsbad, CA 92009 4. The limits of liability coverage requested: $2,000,000 each occurance 5. Beginning and ending dates of the contract, including hours of operation, if appropriate: Friday: June 19 & 26 and July 3, 2020; 4-9:30 pm each occurrence 6. A brief description of the activity or purpose: Requesting the use of the Church of Jesus Christ of Latter Day Saints parking lot for the TGIF Concerts in the Parks series (dates above) at Stagecoach Community park. )<2-b~ 1/2.c,/,20 Signature of Requesting Party and Department Ext. Date If this request is for a renewal of a certificate, please attach a copy of the expired certificate with any changes that need to be made, i.e., updated address, etc. If you have any questions, please do not hesitate to call the Risk Management Office at ext. 2470. Thank you.