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HomeMy WebLinkAboutSDP 15-26; Merlin Entertainment Group US Holdings Inc; 2017-0075839; 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# 2017-0075839 1111111111111111111111111111111111111111111111111111111111111111111111 Feb 15, 2017 10:45 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES $27.00 PAGES 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 211-1 00-09-00 211-1 00-11-00 @ PROJECT ID: SOP 15-26 I DEV2016-0026 PROJECT NAME: Legoland Hotel CA II (LLCH20) HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 498-2A) for development to occur on property more particularly described as (see attached, Exhibit "A"), 1/We, Merlin Entertainment Group US Holdings, Inc., 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 1 I\FILES01V\Departments\CED\LandDev\PROJECTSISDPISDP 15\SDP 15-26 Legoland Hotel California II-Levy\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 occurring during the construction work or improvements as specified in this agreement. 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. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 \IFILES01V\DepartmentsiCED\LandDev\PROJECTSISDPISDP 15\SDP 15-26 Legoland Hotel California II-Levy\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this -:3::> ~ day of .:::J::.ve...,-~ , 20 _ _.1_7 __ _ APPROVED AS TO FORM: CELIA BREWER City Attorney By:_,Aflo~ Assistant City Attorney City of Carlsbad OWNER(S) Merlin Entertainment Group US Holdings, Inc., a Delaware corporation By~,------- ( Sign Here) Date: Date: Peter Ronchetti, Vice President (Print Name and Title) ~ Cassandra Gold , Vice President (Print Name and Title) 1/3d /•7 (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 \\FILES01V\Depanments\CED\LandDeviPROJECTSISDPISDP 15\SDP 15·26 Legoland Hotel Caldornra II· Levy\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE doc 01125/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 • A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of ~ ~-~~ u ) On :T ~'1 $11 1)9t1 before me, ~'1.,..._ IAA. %t<NL-e-h,.s ,)), f4N '17Jv L/, c.. , Date Here Insert Name and Title of the Officer personally appeared 7~ ~J.J-; .tA<d ~SSo.,..,c.Lx<t--~/d Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person s whose name(s) i5i@ subscribed to the within instrument and acknowledge~me that the xecuted the same 1n hisLb.e.r~ authorized capacity(ies), and that by h~~ignature(s) on t e instrument the person(s), or the eliti(y upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph 1r is true and correct. 1: I Place Notary Sea/ Above ---------------------------------------------------------oPTIONAL--------------------------------------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Docume~~ ) A ~ Title or Type of Document: HofJ HN~w-Ms lfSt'~p!P~~ument Date: I J :Je> /17 Number of Pages: S""' Signer(s) Other Than Named Above: ~ /A-r ' Capacity(ies) Claim~y §jgne~(s). 1 .. /} Sig~ Name: ?~ ~ ~ner's Name:(2.-.S~~& ;;,;;rcorporate Officer -Tit19(8):1fJ7 ,AJ5 ( ~Corporate Officer -Title~PlA,y' :J Partner -::::J Limited ::::J General lJ Partner -::::J Limited ::::J General ::::J Individual ::::J Attorney in Fact ::::J Individual ::::J Attorney in Fact ::::J Guardian or Conservator ::::J Guardian or Conservator ©2014 National Notary Association· www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 E'~-h 1 b;+ ''A'<- LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of San Diego, City of Carlsbad and described as follows: Lots 18 and 19 of City of Carlsbad, Tract 94-09, Carlsbad Ranch, Units 2 and 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. (End of Legal Description) APN: 211-100-09-00; 211-100-11-00 THE MAP CONNECTED HEREWITH IS BEING PROVIDED AS A COURTESY AND FOR INFORMATIONAL PURPOSES ONLY; THIS MAP SHOULD NOT BE RELIED UPON. FURTHERMORE, THE PARCELS SET OUT ON THIS MAP MAY NOT COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES. STEWART ASSUMES NO LIABILITY, RESPONSIBILITY OR INDEMNIFICATION RELATED TO THE MAPS NOR ANY MATTERS CONCERNING THE CONTENTS OF OR ACCURACY OF THE MAP. File No.: 01180-247987 Prelim Report SCE Page 3 of 14