Loading...
HomeMy WebLinkAboutHarding Street Neighbors LP | C&C Harding Street LLC | IHO Harding Street LLC | C&C Development Co LLC | Innovative Housing Opportunities Inc | C&C Construction Services Inc; 2022-05-23;Hold Harmless Agreement for Police and Fire Department Training Operations Page 1 of 4 Rev. 02-01-2022 HOLD HARMLESS AGREEMENT BY AND BETWEEN THE CITY OF CARLSBAD, CALIFORNIA AND HARDING STREET NEIGHBORS, LP; C&C HARDING STREET, LLC; IHO HARDING STREET, LLC; C&C DEVELOPMENT CO., LLC; INNOVATIVE HOUSING OPPORTUNITIES, INC.; C&C CONSTRUCTION SERVICES, INC. This Hold Harmless Agreement (“Agreement”) is by and between Harding Street Neighbors, LP; C&C Harding Street, LLC; IHO Harding Street, LLC; C&C Development Co., LLC; Innovative Housing Opportunities, Inc.; C&C Construction Services, Inc. with its primary business address at 14211 Yorba Street, Suite 200, Tustin, CA 92870 (“Company”), for use of the city block of the Pacific Wind Project, located on Harding Street between Carrol Place and Magnolia Avenue, which is more particularly described in Exhibit A, attached and incorporated herein (“Facility”) and the City of Carlsbad, California, a chartered California municipal corporation with its primary business address at 1200 Carlsbad Village Drive, Carlsbad, California 92008 (“City”). City and Company may be referred to individually as a “Party” or collectively as the “Parties.” WHEREAS, the Facility is vacant and Company plans to demolish the Facility. WHEREAS, prior to the Facility’s demolition, City desires to use the Facility for police and fire training operations, and Company is willing to permit City access to the Facility for such use. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties agree as follows. 1. City shall be permitted access to and use of the Facility without charge for police and fire training operations on May 18, 2022 through June 30, 2022. City’s training operations will include, without limitation, live fire exercises and engine, truck and rescue company operations. 2. Company may terminate this Agreement at any time by providing City with prior written notice. Furthermore, if Company determines, in its sole and reasonable discretion, that City is using the Facility for purposes other than as described under this Agreement, Company may terminate this Agreement immediately. 3. Company understands City’s training operations can result in damage to the Facility and Company will ensure the Facility is properly secured after City’s training operations have concluded. 4. Company explicitly disclaims any responsibility for City’s property used for City’s training operations at the Facility, both while this Agreement is in effect and following the termination of this Agreement. DocuSign Envelope ID: 9435B134-E611-4CB3-86FD-7D8C938BE75A Hold Harmless Agreement for Police and Fire Department Training Operations Page 2 of 4 Rev. 02-01-2022 5. In return for the use of the Facility, City shall indemnify and hold harmless Company, its officers, directors, agents and employees against any and all damages, claims or other liability due to personal injury or death, or damage to property or any other claims arising out of use of the Facility by City or its employees or agents. This Agreement is the entire agreement between the Parties and may not be modified or amended except in a writing signed by both Parties. This Agreement will be governed the laws of the State of California. Venue for any dispute arising under this Agreement will be in a state or federal court located in San Diego County, California. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument; and, the Parties agree that signatures on this Agreement, including those transmitted by facsimile, shall be sufficient to bind the Parties. The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives. The Effective Date of this Agreement is the date that the final signatory executes the Agreement. It is the intent of the Parties that this Agreement shall become operative on the Effective Date. COMPANIES HARDING STREET NEIGHBORS LP, a California limited partnership By: IHO Harding Street LLC, a California limited liability company, its managing general partner By: Innovative Housing Opportunities, Inc., a California nonprofit public benefit corporation, its sole member and manager By: __________________________________ Rochelle Mills President and Chief Executive Officer // // // // // DocuSign Envelope ID: 9435B134-E611-4CB3-86FD-7D8C938BE75A Hold Harmless Agreement for Police and Fire Department Training Operations Page 3 of 4 Rev. 02-01-2022 By: C&C Harding Street, LLC, a California limited liability company, its administrative general partner By: C & C Development Co., LLC, a California limited liability company, its sole member and manager By: __________________________________ Todd R. Cottle, Trustee of the 2007 Todd R. Cottle and Jennifer N. Cottle Revocable Trust, its member By: ____________________________________ Barry A. Cottle, Trustee of The Cottle Family Trust Dated 3/8/1987, its member INNOVATIVE HOUSING OPPORTUNITIES, INC. a California nonprofit public benefit corporation By: __________________________________ Rochelle Mills President and Chief Executive Officer C & C DEVELOPMENT CO., LLC a California limited liability company By: __________________________________ Todd R. Cottle, Trustee of the 2007 Todd R. Cottle and Jennifer N. Cottle Revocable Trust, its member By: ____________________________________ Barry A. Cottle, Trustee of The Cottle Family Trust Dated 3/8/1987, its member // DocuSign Envelope ID: 9435B134-E611-4CB3-86FD-7D8C938BE75A Hold Harmless Agreement for Police and Fire Department Training Operations Page 4 of 4 Rev. 02-01-2022 C & C Construction Services, Inc. a California nonprofit public benefit corporation By: __________________________________ Todd R. Cottle, Chief Executive Officer By: ____________________________________ Barry A. Cottle, Chief Financial Officer CITY Dated: ______________________________ By: _________________________________ SCOTT CHADWICK City Manager ATTEST: ____________________________________ FAVIOLA MEDINA City Clerk Services Manager APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _____________________________ Assistant City Attorney DocuSign Envelope ID: 9435B134-E611-4CB3-86FD-7D8C938BE75A 5/23/2022 DocuSign Envelope ID: 9435B134-E611-4CB3-86FD-7D8C938BE75A <( t:: co I X LU r------1 ---»wy ~ w ~ --~ ~ ~HARDING ~ vr1r:4f' I ~o ~ .. t:,Q ~ I ;; ~ 34 <( @ ~ 0 ~,:, 0 z ;: \.'.) ~ ._ 40 <( ~ ~ 2 <l \) f I/ ® I NTERs,-A,c: ---5 '~ ~ 33 G 0 41 l ,.;'\ ,~-v ''<i 6 '~ 32 @ 0 42 /V~-«8:.,..c,••A,,-----~-; 1,/\ 6--~ .. -,,_ --""",,~7' -.,..,7~:,..---- -,. . ''• 11 ,11 •i! ti . ~·, /,,..,. OP ._,~ ,~ ~I~ HV{), ~' ,_ .... ~ • ~ 11!1 ' <>~ ~ l; 7 ~ 37_4,r;:;"\ ~ : 8 ~ I~ ' 31 30 29 @ @) @ 0 0 0 43 44 45 "·'I ® ® 9 10 S"T 2.8 @ @ 46 NZ4•.:,,•s,5•H JEFFERSON _{ANCHOR WAY ~ SHT I --? 0. 87AC ~Ii'? '"6./.,_ z,4-•;39-,s~.s ~o .. ST ~ ~ ~ :Go ccur~,.., c~·~ MAP r~~f~~rnrtc'lfill~~¥lifH~WrdlJ!:ll?5 2~hltii,~,~i fMY NOT COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES. MAP 5944-TAMARACK PLAZA MAP 2969-PALM VISTA '04 Pf(;( 29 .. MAP 1681 -THUM LANDS 204-29 ® 5/21/20( CHA BLK OLD Z91 ~~-~9Z -"~..,;,.. w ~ ~ l) (~ <( ·O:: <( ~ <( f-I CERTIFICATE OF INSURANCE ('Cityof Carlsbad This Certificate is issued as a matter of info1mation only and confers no rights upon the ce1tificate holder. This is to ce1tify that the CITY OF CARLSBAD is self-insured (with excess coverage through California Insurance Pool Authority -CIP A) for liability purposes and pe1missively self-insured for Worker's Compensation coverages. Funds are available for payment of claims for damages. Claims for Damages against the City of Carlsbad may be filed with the City Clerk, Carlsbad City Hall, 1200 Carlsbad Village Drive, Carlsbad, California 92008, as set forth in California Government Code sections 900 et. seq. Notwithstanding any requirement, te1m or condition of any contract or other document with respect to which this certificate may be issued or may pe1tain, payments for Claims for Damages, including defense and indemnity, may be restricted by law. Subject Matter of this Ce1tificate: Use of prope1ty at Pacific Wind Project, Carlsbad, CA for City of Carlsbad Police Department and City of Carlsbad Fire Depaitment training activities from May 18, 2022 to June 30, 2022. Date Issued: Issued To: ss Administrative Services May 18, 2022 Harding Street Neighbors, LP; C&C Harding Street, LLC; IHO Harding Street, LLC; C&C Development Co., LLC; Innovative Housing Opportunities, Inc.; C&C Construction Services, Inc. 14211 Yorba Street, Suite 200 Tustin, CA 92870 Issued by: CITY OF CARLSBAD 1635 Faraday Avenue Carlsbad, CA 92008 by: s~ s~ tf-1- ED GARBo Risk Manager Risk Management I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-2470 I 760-602-8555 f I www.carlsbadca.gov ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE(MM/DDNYYY) L,..----' .. 6/30/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, _EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate hold"r Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER ~~NTACT Al.iC, California Insurance Pool Authorily(CIPA) Imo_J, li~Nol: 366 San.Miguel Drive, Suite 312 Ex•l· Newport Beach. CA 92660 S: INSURER(SI AFFORDING COVERAGE NAIC# INSURER A: r allrncnb , ......... Pnnl b. ,-thnnlu .,,. INSURED INSURERB: Callrornla Insurance Pool Aulhorily (CIPA) And Member Agency of: INSURERC: Clly of Carlsbad INSURER 0: 1200 Carlsbad Village Drive Carlsbad, CA 92008 INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER: 923246 REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWrfHSTANDING ANY REQUIREMENT. TERM OR CONDrrlON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested I~;: TYPE OF INSURANCE ADDL SUBR ,&SM8~ 1,f.8/i!8~ LIMITS ,. .... ,., ... POLICY NUMBER A X COMMERCIAL GENERALLIABIUTY CIPA-020 7/1/2021 7/1/2022 EACH OCCURRENCE s 1,000,000 -D CLAL'.IS-MAOE [:] OCCUR UMMm,c IU1'CNICU -PREMISES /Ea occurrence\ s I-SIR applies per policy terms MED EXP IAnv one oer.;onl s -PERSONAL & ADV INJURY s and conditions. 2.000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE s p:::j POLICY □ j:t □LDC PRODUCTS· COMP/OP AGG s OTHER: s A AUTOMOBILE LIABILITY CIPA-020 7/1/2021 7/1/2022 ~r::BINEO SINl;Lt LIMIT a ec-1-'--I\ s 1,000,000 -..x ANY AUTO SIR applies per policy terms BODILY INJURY (Per person) s CJNNED -SCHEDULED and conditions. BODILY INJURY (Peracddenl) s -AUTOS ONLY I-AUTOS HIRED NON-OWNED PROPERTY DMIAGE s AUTOS ONLY AUTOS ONLY IP•racddenl\ -I-s UMBRELL.ALIAS HOCCUR EACH OCCURRENCE s -EXCESSUAB CLAIMS-MADE AGGREGATE s OED I I RETENTION $ $ WORKERS COMPENSATION I ~ff..,= I I OTH- AND EMPLOYERS' LIABILITY ER Y/N /om PROPR!ETORIPAATNERIEJ(ECUTIVE □ N/A E.L. EACH ACCIDENT s OFFICERJ!.'HIBER EXCLWED7 (Mand.atory In NH) E.L. DISEASE-EA EMPLOYEE S 1r yes, de.scribe under DESCRIPTIOIIOF OPERATIONSl><lo-.v E.L. DISEASE-POLICYLL\IIT s DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101, Addilional Remarks'Schedule, may be allached If more space Is required) Evidence of Insurance Coverage- CERTIFICATE HOLDER CANCELLATION 21-22 CIPA Casualty• 923246 City of Carlsbad SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1200 Carlsbad VIiiage Drive THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Carlsbad, GA 92008 USA ACCORDANCE WITH THE POLICYPROVISIONS, AUTHORIZED REPRESENTATIVE I {fatilClt,iua, 1,¢a~ 'l)oot /tU~lf © 1988-2015 ACORD CORPORATION, All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD