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HomeMy WebLinkAboutSDP 2021-0028; Merlin Entertainment Group US Holdings Inc; 2024-0048194; Hold Harmless Agreement/ReleaseRECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 DOC# 2024-0048194 I llllll lllll lllll lllll llll llllll lllll lllll lllll lllll 1111111111 11111111 Feb 27, 2024 11 :08 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atklns: $0.00) PAQE:S: 6 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: _2_1_1-_1...;..00.;._-...;;..09.;._-..;..oo'------- PROJECT ID: SDP 2021-0028 J~ 6 PROJECT NAME: Legoland Parking Structure #2 HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 537-1A) and improvement plan (DWG 537-1A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Merlin Entertainment Group US Holdings Ine., a Delaware corporation, the owner(s) of said property, promise to indemnify and to hold the City of Carlsbad, its officers, agents and employees harmless from liability for injuries to persons, or damage to or taking of property, directly or indirectly caused by the diversion of waters, the alteration of the normal flow of surface waters or drainage, or the concentration of surface waters or drainage from the drainage system or other improvements identified in the approved plans; or by the design, construction or maintenance of the drainage system or other improvements identified in the approved plans. Approval of the plans by the City shall not constitute an assumption by the City of any responsibility for such damage or taking. City shall not be an insurer or surety for the design or construction of the improvements pursuant to the approved plans, nor shall any officer or employee thereof be liable or responsible for any accident, loss or damage happening or occurring during the construction work or improvements as specified in this agreement. 1 Q:\CED\Admin\B&AIPROJECTS\SDP 2021-0028; ROW2024-0028; GR2022-0007 -Legoland Par1<ing Strucure 2_N.F\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 It is further agreed that the above owner(s) will maintain all drainage systems to insure a free flow to a satisfactory point of discharge unless said systems are accepted as public facilities. It is further agreed that this agreement shall be binding on all heirs, successors or assigns having an interest in all or any part of the property described herein. III III III III III III III III III III III III III III III III III III III III III 2 Q:\CED\Admin\B&A\PROJECTSISDP 2021-0028; ROW2024-0028; GR2022-0007 -Legoland Pari<ing Strucure 2_N.FIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25113 IN WITNES~ WHE EOF, the undersigned has executed this instrument this __ \_i __ day of J~n r .20 m . APPROVED AS TO FORM: CINDIE MCMAHON City Attorney As • ant City Attorney City of Carlsbad OWNER(S) Merlin Entertainment Group US Holdings Ine., a Delaware corporation By: li (Sign Here) Kurt Stocks -Director and Vice President (Print Name and Title) Date: By: Rex Jackson -Director and Vice President (Print Name and Title) Date: o ~nv\OIY~ ,i , 2.Di4 (Proper notarial acknowledgment of execution by owner(s) must be attached) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) 3 Q:\CED\Admin\B&A\PROJECTS\SDP 2021-0028; ROW2024-0028; GR2022-0007 -Legoland Parking Stn,cure 2_N.F\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01125113 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 -•-·ø ·øønrv•nx nnrr ør rør vnn•••J0&1 a XVJO&i Li LLAZ.ZS&ZAZZQZJ A notary public orotherofficercompleting this certificate verifies only the identrty ol the individual who signed thc document to which this certificate is attached, and not the truthfulness, accuracy, or validity ol that documcnt. State ot Callfornla ~ ~ ::fg-0 County of n ~ I } On \j \ a l ?-o14 bctore me . .li ' personally appearc:e \<µvf S to~S ·1-NtrllDYJ , NO~( J tuh Fe, Title of the Officer ~Y) Nome(s) of Signer(s) who proved to me on the basis of satlstactory evldence to be the person(s) whose name(s) ls/are subscrlbed to the withln Instrument and acknowledged tome that he/she/they executed the same In hls/her/thelr authorlzed capaclty(les), and that by hls/her/thelr slgnature(s) on the Instrument the person(s). or the entlty upon behalf ot which the person(s) acted, executed the lnstrume>nt. Ploce Notary Seol ond/or Stamp Above I certlfy under PENAL TY OF PERJURY under the laws ot the State at Callfornla that the foregolng paragraph Is true and corrcct. WITNESS my hand and official seal. ~ Completing this information ~::~~:~~Iteration of the document or l froudulent reattachment of this form to an unintended document escrlptlon of Attached Document ltle or Type of Document: ___________________________ _ Document Date: Number ot Pages: ___ _ Slgner(s) Other Than Named Above: ______________________ _ Capaclty(les) Clalmed by Signer(s) Slgner's Name: __ Slgner's Name: o Corporute Officer -Tltle(s): __ _ □ Corporate Officer -Tltle(s): □ Partner -□ Llmlted □ General □ Partner -□ Llmlted □ General □ lndlvldual □ Attorney In Faet □ lndlvldual □ Attorney In Faet □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservotor □ Other: □ Other: Signer Is Represenllng: _________ _ Signer Is Representlng: _________ _ ©2019 National Notary Association 4 Q:ICED\Admin\B&A\PROJECTSISDP 2021-0028: ROW2024--0028: GR2022-0007 -legoland Par1<ing Strucure 2_N,F\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 EXHIBIT"A" LEGAL DESCRIPTION næ LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIBGO, ST A TE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOTS 18 AND 19 OF CITY OF CARLSBAD TRACT 94-09, CARLSBAD RANCH-UNITS 2 & 3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13408, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 1, 1997.