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HomeMy WebLinkAboutSDP 2018-0017; Merlin Entertainment Group US Holdings Inc; 2019-0086157; 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# 2019-0086157 \ \11\\1 \\I\\ 11\1\ \\1\1 \I\\ \\111111\\111\1\ \11111\\11 \\1111\1\\ \II\ \Ill Mar 11, 2019 02:18 PM OFFICIAL RECORDS Ernest J. Dronen burg, Jr., SAN DIEGO COUNTY RECORDER FEES $0.00 (SB2 Atkins $0 00) PAGES 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 211-100-09-00 211-1 00-11-00 @ PROJECT ID: SDP 2018-0017 PROJECT NAME: Project 2020 ----'----------- HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 515-2A) and improvement plan (DWG 515-2A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Merlin Entertainment Group U.S. Holdings, Inc. 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 IIFILESD1V\Departments\CED\LandDev\PROJECTSISDPISDP 18\SDP2018-0017 Pro1ect 2020 -Levy\8 & AIHOLD 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 IIFILES01V\Departments\CED\LandDev\PROJECTSISDPISDP 18\SDP2018-0046 Legoland 2020\B & AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this _I..__ __ day of j-..e-,{d,,,,et.-t'~ , 20 '* . APPROVED AS TO FORM: CELIA BREWER City Attorney By: ~o'~kp ~ Assistant City Attorney City of Carlsbad OWNER(S) Merlin Entertainment Group U.S. Holdings, Inc. a Delaware ~ (Sign Here) Peter Ronchetti.Vice President (Print Name and Title) Date: ~;, /, 9 By: (Sign Here) (Print Name and Title) Date: (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 \IFILES01V\Departments\CED\LandDev\PROJECTSISDPISDP 18\SDP2018-0046 legoland 202018 & AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01125113 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 ...$--.1)! ,~ r On veJu,iJaAt'( I, ?Dr 9 Da(e before personally appeared ------~~'.C:~~Lc\!~~~"'-'Q-:J.-___________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose nama(e) @'are- ~scribed to the within instrument and ackno~dged to me that ~s~ executed the same in ~ir authorized capacit~). and that by~herltheir signature(e) on the instrument the person(ej, or the entity upon behalf of which the personfs) acted, executed the instrument. ············1 .. KATHRYN M. FRERICHS 1@·::····· \ Notary Public -California : i ·• .,: · San Diego County ~ · Commission# 2184389 My Comm. Expires Mar 18, 2021 Place Notary Seal Above I certify under PENAL TY 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 Title or Type of Document: _____________ Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: ______________ _ □ Other: ______________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 \\FILES01V\Departments\CED\LandDev\PROJECTS\SDP\SDP 18\SDP2018-0046 Legoland 2020\B & AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 PRELIMINARY REPORT YOUR REFERENCE: EXHIBIT "A" LEGAL DESCRIPTION Chicago Title Company ORDER NO.: 00096610-993-S02-CFU THE LAND REFERRED TO HEREIN BELOW IS SITU A TED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, ST A TE OF CALIFORNIA, 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 CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13408, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 1, 1997. APN(S): 211-100-09 AND 211-100-11 CLTA Preliminary Report Fo1m-Modified (11/17/06) Page 3