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HomeMy WebLinkAboutThe Church of Jesus Christ of Latter-Day Saints; 2022-05-26; HHLCA-22104CAHHLCA-22104CA Hold Harmless Agreement for TGIF Concerts in the Park Page 1 of 2 CAO Template Rev. 02-01-2022 HOLD HARMLESS AGREEMENT BY AND BETWEEN THE CITY OF CARLSBAD, CALIFORNIA AND THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS This Hold Harmless Agreement (“Agreement”) is by and between The Church of Jesus Christ of Latter-Day Saints with its primary business address at 3450 Camino de los Coches, Carlsbad, CA 92009 (“Company”) 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”), for use of Company’s parking lot, located at 3450 Camino de los Coches, Carlsbad, CA 92009 (“Parking Lot”). City and Company may be referred to individually as a “Party” or collectively as the “Parties.” WHEREAS, the City requires the use of a parking lot for offsite parking during City’s 2022 TGIF Concerts in the Park, taking place at Stagecoach Community Park; and WHEREAS, Company is willing to allow City to use its Parking Lot, subject to certain terms and restrictions contained herein. 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 Parking Lot without charge for the purpose of offsite parking on Friday, June 24 and Friday, July 1, 2022. 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 Parking Lot for purposes other than as described under this Agreement, Company may terminate this Agreement immediately. 3. Company explicitly disclaims any responsibility for property belonging to City, its employees, agents, guests, invitees or licensees and which is located at the Parking Lot on the above referenced dates. 4. In return for the use of Company’s Parking Lot for offsite parking during the concert series, City 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 City, or the ordinary negligence of Company. 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 DocuSign Envelope ID: 007CF857-1103-47F8-B6DE-9DD6447D0692 HHLCA-22104CA Hold Harmless Agreement for TGIF Concerts in the Park Page 2 of 2 CAO Template Rev. 02-01-2022 or any other claims arising out of use of the Parking Lot by City, its employees, agents, guests, invitees or licensees. 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. COMPANY Dated: ______________________________ By: _________________________________ Name: DAN PUKAHI Title: La Costa Ward Bishop Local Address: The Church of Latter-day Saints 3450 Camino de los Coches Carlsbad, CA 92009 Email Address: Dpukahi@gmail.com Telephone: 760-917-0330 CITY Dated: ______________________________ By: _________________________________ SCOTT CHADWICK City Manager ATTEST: ____________________________________ For FAVIOLA MEDINA City Clerk Services Manager APPROVED AS TO FORM: For CELIA A. BREWER, City Attorney BY: _____________________________ Deputy City Attorney DocuSign Envelope ID: 007CF857-1103-47F8-B6DE-9DD6447D0692 5/17/2022 5/26/2022 RE: Use of the Church of Jesus Christ of Latter Day Saints parking lot for the TGIF Concerts in the Parks on July 5, 2019 at Stagecoach Community Park. Church of Jesus Christ of POLICY PRO- JECT LOC OTHER: CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 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(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) 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 CONTACT NAME: PHONE (A/C, No, Ext): FAX (A/C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 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. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION 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. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON-OWNED AUTOS ONLY BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS-MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A PER STATUTE OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD California Insurance Pool Authority A 7/1/2021 7/1/2022 1,000,000 2,000,000 A CIPA-020 7/1/2021 7/1/2022 SIR applies per policy terms 1,000,000 6/30/2021 California Insurance Pool Authority (CIPA) And Member Agency of: City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 California Insurance Pool Authority(CIPA) 366 San Miguel Drive, Suite 312 Newport Beach, CA 92660 Church of Jesus Christ of Latter Day Saints 3450 Camino de los Coches Carlsbad, CA 92009 USA 923245 and conditions. N/A 21-22 CIPA Casualty * CIPA-020 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Use of the Church of Jesus Christ of Latter Day Saints parking lot for the TGIF Concerts in the Parks at Stagecoach Community Park. Church of Jesus Christ of Latter Day Saints is included as additional insured. Subject to policy terms, conditions and exclusions. X X X X and conditions. SIR applies per policy terms Limits shown are as requested 923245 DocuSign Envelope ID: 007CF857-1103-47F8-B6DE-9DD6447D0692