HomeMy WebLinkAboutSDP 20221-0028; Merlin Group U.S. Holdings Inc; 2024-0072260; Encroachment AgreementRECORDING IS REQUESTED
FOR THE BENEFIT OF THE
CARLSBAD MUNICIPAL WATER
DISTRICT
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
DOC# 2024-0072260
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Mar 22 , 2024 11 :27 AM
OFFICIAL RECORDS
JORDAN Z. MARKS
SAN DIEGO COUNTY RECORDER
FEES $38.00 (S82 Atkins: $0.00)
PAGES: 9
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 211-100-09 & 211 -100-11
PROJECT ID: SOP 2021-0028
PROJECT NAME: Legoland Parking
Structure #02
PERMIT ID: EAGREE2023-0019
ENCROACHMENT AGREEMENT
This ENCROACHMENT AGREEMENT ("Agreement") is entered into between
the CARLSBAD MUNICIPAL WATER DISTRICT, a public agency organized under the
Municipal Water Act of 1911 ("District") and Merlin Entertainment Group U.S. Holdings
Inc., a Delaware Corporation "Owner"), in accordance with Chapter 11.16 of the
Carlsbad Municipal Code.
1. The Property. Owner is the owner of that certain real property located at
1 Legoland Drive in the City of Carlsbad, San Diego County, California,
Assessor's Parcel Number 211-100-09 and 211-100-11 , and more particularly described
in Exhibit "A", attached hereto and incorporate herein by reference.
2. The Easement. District currently owns an existing easement over, under,
and across Owner's property for which easement is described in Exhibit "B" attached
hereto and incorporated by reference.
3. The Encroachment. District hereby covenants and agrees and grants its
permission to Owner to allow private storm drain to remain in a portion of the public
waterline easement. A plat showing the location of the encroachment is attached as
Exhibit "C" attached hereto and incorporated by reference. This Agreement is subject to
the following terms and conditions:
(A) The encroachment shall be installed and maintained in a safe
and sanitary condition at the sole cost, risk, and responsibility of
the owner and its successors in interest.
(8) The Owner shall agree at all times to indemnify and hold the
District free and harmless from any and all claims, demands,
losses, damages, or expenses resulting from the construction,
maintenance, use, repair or removal of the structure installed
hereunder, including any loss, damage, or expense arising out of
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(1) loss or damages to property and (2) injury to or death of
persons.
(C) The Owner must remove or relocate any part of the
encroachment within ten (10) days or such other time as specified
in the notice after receipt of it from the District, or the District may
cause such work to be done and the reasonable cost thereof shall
constitute a lien upon the property.
(D) Whatever rights and obligations were acquired by the District with
respect to the easement shall remain and continue in full force
and effect and shall in no way be affected by District's grant of
permission to construct and maintain the encroachment structure.
4. Entire Agreement. This Agreement constitutes the entire agreement
between the parties with respect to the subject matter hereof and supersedes and
replaces all other agreements, oral or written, between the parties with respect to the
subject matter.
5. Notices. Any notice which is required or may be given pursuant to this
Agreement shall be sent in writing by United States mail, first class, postage pre-paid,
registered or certified with return receipt requested, or by other comparable commercial
means and addressed as follows:
If to the District:
Public Works Director
Carlsbad Municipal Water District
5950 El Camino Real
Carlsbad, CA 92008
If to the Owner:
Legoland California
1 Legoland Drive
Carlsbad, CA 92008
which addresses may be changed from time to time by providing notice to the other
party in the manner described above.
6. Waiver. District's consent to or approval of any act or omission by Owner
shall not constitute a waiver of any other default by Owner and shall not be deemed a
waiver or render unnecessary District's consent for approval to any subsequent act by
Owner. Any waiver by District of any default must be in writing and shall not be a waiver
of any other default concerning the same or any other provision of the Agreement.
7. Successors and Assigns. This Agreement shall be binding and inure to
the benefit of the parties hereto and their respective legal representatives, successors,
and assigns. Owner agrees to incorporate this agreement by reference in any
subsequent deeds to the property, but any failure to do so does not invalidate this
provision.
8. Capacity. Each party represents that the person(s) executing this
Agreement on behalf of such party have the authority to execute this Agreement and by
such signature(s) thereby bind such party.
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