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HomeMy WebLinkAboutSDP 16-24; Merlin Entertainments Group US Holdings Inc; 2017-0261256; Hold Harmless Agreement/Release. \ RECORDING 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# 2017-0261256 I IIIII I IIIII IIIII IIIII 1111 111111 IIIII 1111111111 IIIII 111111111111111111 Jun 12, 2017 09:38AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES $2700 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 GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 501-9A) 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 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 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 mair:1tenance 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 borne 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 1 I IIFILES01V\Departments\CED\LandDev\PROJECTS\SDP\SDP 16\SDP 16-24 Legoland JD18-Dark R1de-Levy\Bonds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc . 01/25/13 damage to public improvements caused by any geological failure referred to in this agreement 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. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 I\FILES01V\Departments\CED\LandDev\PROJECTS\SDPISDP 16\SDP 16-24 Legoland JD1B-Dark Ride-Levy\Bonds and AgreementsiHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 . ' IN WITNESS WHEREOF, the undersigned has executed this instrument this f2. ~ day of flt&&( , 20J::L. APPROVED AS TO FORM: CELIA BREWER City Attorney By~ RONKEMP Assistant City Attorney City of Carlsbad OWNER(S) Merlin Entertainmets Group U.S. Holdings, Inc., a :~~·~~ (sign here) Peter Ronchetti, Vice President (print name and title) Date: 11""1 11 , ZLJ/7 By: (sign here) Cassandra Gold, Finance Director (print name and title) Date: fUn.f r 2. , Z1J I) (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. If only one 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 \IFILES01V\Departments\CED\LandDev\PROJECTSISDPISDP 16\SDP 16-24 Legoland JD18-Dark Ride-Levy\Bonds and AgreementsiHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.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 .Sau -Y•c9> ) J . On flt"'¥ 1"Z 1 Zot 7 before me,~'1:"' ft. Cr-:d.s .J..t--~ {1 bIt<-, Date Here Insert Name and Tihe of the 0 cer personally appeared ? £&-J<~ c.l.uH-i a,,.,.d L&S.s~cLr-~jd Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the perso~ whose name(s) ~ subscribed to the within instrument and acknowledge5me that he!'she/~executed the same 1n hi:sfher~uthorized capacity(ies), and that by~ he1r ·gnature(s) on the instrument the person(s), or the entitY upon behalf of which the person(s) acted, ex uted the instrument. 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 j .. u.-{ ~/o~ {.L Title or Type of Document: /WI~ C,.u'*af~~~~ocument Date: sjr"L/17 Number of Pages: S: Signer(s) Other Tfian Named Above: 1 c.apacity(ies) Cla.il!!.ed by S~r(s~) r, y;_ /'. I' ~~ 1 S1gJJ.E!r's Name: ~~ · \ ~ ~ Signer's Name:G-'!:.!~~=4f<=-::a/.-y.~~tt..::....k~,...'Cic------- l,JCorporate Officer -Title(s): ~t 2'CC>rporate Officer -Title(s): _..::........!'--------- 0 Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Guardian or Conservator D Trustee D Guardian or Conservator D Other: -----~-.---....----;r----r-_:_ ©2014 National Notary Association· www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Yyh J"bi 1-'.A If 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