HomeMy WebLinkAboutSan Dieguito Union High School District; 2019-04-25;{city of
Carlsbad HOLD HARMLESS AGREEMENT
San Dieguito Union High School District
Property User: The City of Carlsbad, California
Property Location or Description: The parking lot of the La Costa Canyon High School, located at 1
Maverick Way, 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 and June 28, 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 OBA 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 La Costa Canyon High School 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.
Page l of 2
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: 9 User: City of Carlsbad, California
coll ~ity Manager
Approved as to Form:
Celia A. Brewer, City Attorney
~r Assistant City Attorney
Page 2 of 2