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HomeMy WebLinkAboutSDP 16-25; Merlin Entertainment Group US Holdings Inc; 2017-0075948; 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# 2017-0075948 1111111111111111111111111111111111111111111111111111111111111111111111 Feb 15, 2017 11:11 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.: PROJECT ID: PROJECT NAME: 211-1 00-09-00 211-1 00-11-00 SOP 16-25 I DEV2016-0028 LEGOLAND WP17 WATER SLIDE HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 499-7A) 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, 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 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 borne by the owner. It is agreed that the above owners will maintain all slopes and landscaping in a manner 1 I\FILES01V\Departments\CED\LandDev\PROJECTSISDPISDP 16\SDP 16-25-Legoland WP17 Water Slide-Levy\Bonds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE. doc Doc 1/25/13 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 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\PROJECTSISDPISDP 16\SDP 16-25-Legoland WP17 Water Slide-Levy\Bonds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc Doc 1125113 IN WITNESS WHEREOF, the undersigned has executed this instrument this ~~ day of rbt+L ~'1 ' 20.fl. APPROVED AS TO FORM: CELIA BREWER City Attorney By~~ Assistant City Attorney City of Carlsbad OWNER(S) Merlin Entertainment Group US Holdings, Inc., a Del a~ By: u (sign here) Date: By: Date: Peter Ronchetti, Vice President (print name and title) ~ :..J l'f.vAJt...J'"f "'3o, ,2-o 17 (sign here) Cassandra Gold, Finance Director (print name and title) .-:--'~i 3() I ~~7 (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 IIFILES01VIDepartments\CED\LandDev\PROJECTSISDPISDP 16\SDP 16-25-Legoland WP17 Water Slide-Levy\Bonds and Agreemenls\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE. doc Doc 1/25/13 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 .. :5cw-l:>~ey> On .:f~"# 3t:J , bJI) Date before me, J(',qJ,,'f"' fl1.1~-w,'J...s, A.Jo/tM'fj fJv k/,c.., , Here Insert Name and Title of the Officer personally appeared _____,?'------""~"'-='------'-'~""D-"M'--=-'J.c.#,""""""tf-'-·_____.a-.,IL'<-Q-=~__..t..~.s=sa""""".A=J.v~c--=~"'--=---'--'/ d=------- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person s whose narne{s) ie/@ subscrib~ the within instrument and acknowledged to me that ey executed the same in hJ&A:teto/~thorized capacity{ies), and that by ~ignature(s) on the mstrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. • KATHRYN M. FRERICHS _ Commission# 2013445 ~ Notary Public -California I z San Diego County ~ 1. 0 ~ • • ,MX Co'2m. Ex~res Mar 18, 2017 r 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_ ;~~~.J {;,../~l<t, 1 Title or Type of Document: .tk/:1 fk.....,lt.sttrjt'~ 6c.J~ocJment Date: __ I+Ji=!o'-'/'-'-1_,_7 __ _ Number of Pages: s-Signer(s) Other Than Named Above: _______ 1 _____ _ Capacity(ies) Claimed bJSi~ Signer's Name: _,';?.'""ty.w"""-"""-'i./bJ."""'-...... ~"""'~+----- #orporate Officer -Title(s): v'P t ,u y- O Partner - 0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other:-------:--------,-- Signer Is Represe?g~~ ... H,.J, ,, ~ tn,,,,f V.S.-f(D(~ ~~ ~~Name: U5s~"= ~ /d ~orporate Officer-Title(s): t/P(M5r"' 0 Partner - 0 Limited D General 0 Individual 0 Trustee 0 Attorney in Fact 0 Guardian or Conservator 0 Other: -------:---:--------:.::::::--.-.....-~---, Signer Is Representing: M..::U"' I?,J.(;,&,';..,;....k &"of cJ.s · 1./.,/rh~pJ.Mc ©2014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 I\FILES01V\Departments\CED\LandDev\PROJECTSISDPISDP 16\SDP 16-25-Legoland WP17 Water Slide-Levy\Bonds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc Doc 1/25/13 £-¥Itt Iori-,.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