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Home My WebLink AboutSDP 16-24; Merlin Entertainment Group US Holdings; 2017-0261255; 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# 2017-0261255 1111111111111111111111111111111111111111111111111111111111111111111111 Jun 12, 2017 09:38AM 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.: 211-100-09-00 211-1 00-11-00 PROJECTID: _S~D~P __ 16~-2~4=-~~-=~-- PROJECT NAME: Legoland JD 18 Dark Ride HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 501-9A) for development to occur on property more particularly described as (see attached, Exhibit "A"), 1/We, Merlin Entertainments Group U.S. Holdings, 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 IIFILES01V\Departments\CED\LandDev\PROJECTSISDPISDP 16\SDP 16-24 Legoland JD18-Dark Ride-Levy\Bonds and Agreemenls\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01125113 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 16\SDP 16-24 Legoland JD18-Dark R!de-Levy\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this t-z,"- day of __ _..L.;M=~-=~--------' 20 17 OWNER(S) APPROVED AS TO FORM: CELIA BREWER City Attorney By: ~!2e~-""'~~"='1~8f-loo:--:r-~r--=--•RQN1<EfV1p Assistant City Atto ney City of Carlsbad Merlin Entertainments Group U.S. Holdings, Inc., a ::Ia~ Date: By: Date: (Sign Here) Peter Ronchetti, Vice President (Print Name and Title) (Sign Here) Cassandra Gold, Finance Director (Print Name and Title) JM*-'1 I'Z , UQ (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 IIFILES01V\Departmenls\CED\LandDev\PROJECTSISDPISDP 16\SDP 16-24 Legoland JD18-Dark R1de-Levy\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 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 5(i.N. -J I<»)V ) ./\ On v1AM1 r'"Z.,Zt>t7 before me, ,¥ML,~&rf..lkf..r-/tN';Ju ,).}d..f..tw'flVMIC- Oate H re Insert Name and Title of the Of'§r,ej personally appeared ""? ..e_,.{c.y ~k.C ft.vth a:+<cl U$St:JA<c£.,c:-. 6-tJ /d Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the perso~ whose name(s) ~ subscrib~o the within instrument and acknowledged to me that ~~~executed the same 1n h~/~uthorized capacity(ies), and that by ~ignature(s) on tlie Instrument the person(s}, or the entity upon behalf of which the person(s) acted, executed the instrument. ~············~ KATHRYN M. FRERICHS :f)'· Not dry Public-California 'I j <. · San Diego County ~ Commission If 2184389 My Comm. Expires Mar 18,2021 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ..................................................................... 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 Document A {\ ~~~ e -I Title or Type of Docu~t: tk/1~/m ~,,_,.J. y~cument Date: _ _sj_,zJ!_2__ __ Number of Pages: ~--Signer(s) Other Tha Named Above: -------· Capacity(ies) Claime by s· ner(s Signer's Name: Signer's Name: US.S~c;o.. -lfjd- r:;;K;'orporate Officer -Title(s): Q-Corporate Officer -Title(s}: D Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact 0 Trustee D Guardian or Conservator 0 Trustee 0 Guardian or Conservator D Other: D Other: -1-. ~cloRepc}!"J~~SI~_1 Rap~n~~-/5 w-L~"'>' J! ··=·=·· ·=·~'fiXr'iW:i;;;,®V!S'QWdl':~ro . "=. ;; @2014 National Notary Association· www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 IIFILES01V\Departments\CED\LandDev\PROJECTSISDPISDP 16\SDP 16-24 Legoland JD18-Dark Ride-Levy\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 /_ L b ''A't r./. r\.t' I+- 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