HomeMy WebLinkAboutCalvary Chapel - North Coast dba North Coast Calvary Chapel; 2023-04-27; HHLCA-23100CAHHLCA-23100CA
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
CALVARY CHAPEL – NORTH COAST DBA NORTH COAST CALVARY CHAPEL
This Hold Harmless Agreement (“Agreement”) by and between Calvary Chapel – North Coast
dba North Coast Calvary Chapel with its primary business address at 1330 Poinsettia Lane,
Carlsbad, CA 92011 (“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 1330 Poinsettia
Lane, Carlsbad, CA 92011 (“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 2023 TGIF
Concerts in the Park, taking place at Poinsettia 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, July 21, 2023.
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
or any other claims arising out of use of the Parking Lot by City, its employees, agents,
guests, invitees or licensees.
DocuSign Envelope ID: F75BB87C-D888-4592-8E3D-CFE2FFCBDD0C
HHLCA-23100CA
Hold Harmless Agreement for TGIF Concerts in the Park Page 2 of 2
CAO Template Rev. 02-01-2022
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: BOB MACKENZIE
Title: Secretary/CFO &
Agent for Service of Process
Local Address:
1330 Poinsettia Lane, Carlsbad, CA 92011
Email Address: bob@northcoastcalvary.org
Telephone: 760-929-0029 x105
CITY
Dated: ______________________________
By: _________________________________
SCOTT CHADWICK
City Manager
ATTEST:
____________________________________
For SHERRY FREISINGER
City Clerk
APPROVED AS TO FORM:
For CINDIE K. McMAHON, City Attorney
BY: _____________________________
Assistant City Attorney
DocuSign Envelope ID: F75BB87C-D888-4592-8E3D-CFE2FFCBDD0C
4/21/2023 4/27/2023