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HomeMy WebLinkAboutSDP 2021-0028; Merlin Entertainment Group US Holdings Inc; 2024-0048195; Hold Harmless Agreement/ReleaseRECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OFCARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOC# 2024-0048195 I llllll lllll lllll lllll llll llllll lllll lllll lllll lllll 111111111111111111 Feb 27, 2024 11 :08 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0.00 (S82 Atkins: $0.00) PAQES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: ...:2::..;1_;_1-...:1..::.00=---=-09=--=oo:;__ ____ _ PROJECT ID: SDP 2021-0028 ~ Sb. PROJECT NAME: Legoland Parking Structure #2 HOLDHARMLESSAGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 537-1A) for development to occur on property more particularly described as (see attached, Exhibit "A"), and other good and valuable consideration, receipt of which is hereby acknowledged, 1/(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 any persons, or damage to or taking of any property including public property, directly or indirectly caused by the geological failure of any nature, type or cause or any subsequent damage that may occur on or adjacent to this subdivision due to its construction, operation or maintenance. Approval of the plans or permits, or inspection of any work done pursuant to those plans or permits by the City shall not constitute an assumption by the City of any responsibility for any damage or taking referenced in this agreement. City shall not be responsible in any manner whatsoever for the design, compaction, construction or maintenance of the slopes, cuts, fills or improvements made or done 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. The entire risk of any loss resulting from or caused by any geological failure is assumed by and shall be bome by the owner. It is agreed that the above owners will maintain all slopes and landscaping in a manner to insure slope stability to the satisfaction of the City Engineer. The owners agree to repair any damage to public improvements caused by any geological failure referred to in this agreement 1 Q:\CED\Admin\B&A\PROJECTSISDP 2021-0028; ROW2024-0028; GR2022-0007 -Legoland Parking Strucure 2_N.F\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25113 to the satisfaction of the City Engineer. The owners agree to repair or stabilize any slope which the City Engineer determines may fail and cause damage to public improvements. 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 III 2 Q:ICED\Admin\B&A\PROJECTSISDP 2021--0028; ROW2024--0028; GR2022--0007 -Legoland Parking Strucure 2_N.F\HDLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01125113 IN WITNESS WHEREOF, I~ day of cJ~ntAØY~ APPROVED AS TO FORM: CINDIE MCMAHON City Attorney By:.-Ab4~c._,.,q.....c= ST Attorney City of Carlsbad the undersigned has executed this instrument this , 20J!{-. OWNER(S) Merlin Entertainment Group US Holdings Ine., a Delaware corporation ~ By: r· (sign here) Kurt Stocks -Director and Vice President (print name and title) ::I~ (sign here) Rex Jackson -Director and Vice President (print name and title) Date: 0 ~ V\ vti\ ~~ \ g , 2VtH-- (Proper notarial acknowledgment of execution by owner(s) must be attached) (Chairman of the Board, President, or any Vice-President and Secretary, any Assistant Secretary, the Chief Financial Officer, or any Assistant Treasurer must sign for corporations. lf only ane officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) 3 Q:ICEO\Admin\B&A\PROJECTSISDP 2021-0028; ROW2024-0028; GR2022-0007 -Legoland Par1<ing S1rucure 2_N.F\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 CALIFORNIA ACKNOWLEOGMENT CIVIL CODE § 1189 A notary public or ol her officer completing thiscC?rtificate veriflC!s only lhC! idenrnyof the individualwho signed the dcx:ument to which !his certificate is attached, and not the truthfulness, accuracy, or validity of thai document. who proved to me en the basis of satlsfactory evldence to be thc person(s) whose name(s) ls/are subscrlbed to the wlthln Instrument and acknowledged tome thai he/she/they executed the same In hls/her/thelr authorlzed capaclty(lcs), and thai by hls/her/thelr slgnature{s) on the Instrument the person{s), er the entlty upon behalf of whlch the person{s) acted, executed the Instrument. -~~;:;-;~ :.:~::::":::.:~;:;:~i:;~,:::;.~::.~:;;~; N .-• COMM. #2476007 --1 paragraph Is true and correct. ~ , NOTARY PUBLIC • CALIFORNIA ~ 1-. . SAN DIEGO COUNTY ._. WITNESS my hand und official seal. ~ ComrrissionExpres Dee 12, 2027 ~ $... •• ,.,.•.•••••••"••••• .. '••,.v.••••• ... •,.•.•,,N.• .... .,.,.,.,,, •.•. v,, .•. v.•J. Signature~~~ Ploce Notory Seol ond/ar Stamp Above Signature of Notary Public ----OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unlntended document. Descrlptlon of Attached Document TIiie or Type of Document: Document Dute: __ Number of Pages: Slgner(s) Other Than Named Above: _______ _ CapacltY(les) Clalmed by Slgner(s) Slgner's Name: ___________ _ Slgner's Name: __ □ Corporate Officer -Tltle(s): ______ _ □ Corporate Officer -Tltle(s): ______ _ □ Partner -□ Llmlted □ General D Partner -□ Llmlted □ General D lndlvldual D Attorney In Faet D lndlvldual D Attorney In Faet □ Trustee □ GUilrdian er Conservator □ Trustee □ Guardian or Conservator D Other: D Other: ______ _ Signer Is Representlng: Signer Is Representlng: ©2019 National Notary Association 4 O:\CED\Admin\B&A\PROJECTS\SDP 2021-0028; ROW2024-0028; GR2022-0007 -Legoland Parking Strucure 2_N.F\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01125113 EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, ST A TE OF CALIFORNTA, 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 CALIFORNTA, ACCORDING TO MAP THEREOF NO. 13408, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 1, 1997.