Loading...
HomeMy WebLinkAboutPUD 2024-0002; RREG Investments Series LLC Series I046; 2025-0129220; 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# 2025-0129220 l llllll lllll 1111111111111111111111111111111111111111111111111111111111 May ·15, 2025 02:40 PM OFFICIAL RECORDS JORDAN Z. MARKS, 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.: 204-231-05-00 -------------PROJECT ID: PUD 2024-0002 PROJECT NAME: Cherry Beach Homes HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 550-lA) and improvement plan (DWG 550-1) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, RREG Investments Series, LLC Series 1046, a Delaware limited liability company, 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 occurring during the construction work or improvements as specified in this agreement. Q:ICED\Admin\B&AIPROJECTS\PUD 2024-0002; IMP2024-0011; GR2024-0024 -Cherry Beach Homes_N.FIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25113 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 Q:ICED\Admln\B&AIPROJECTSIPUD 2024-0002; IMP2024-0011; GR2024-0024 -Cherry Beach Homes_N.F\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this ____ day of ____ _,__/'A....,_,~'-1----'' 20 ~~ . APPROVED AS TO FORM: CINDIE K. MCMAHON City Attorney - OWNER(S) RREG INVESTMENTS SERIES, LLC SERIES 1046, a Delaware limited liability company By: Rincon Manager, LLC., a California limited liability company By: Kevin Dunn -Managing member Date: F'? Name and Title) -r--, ~ I By: ~ IC: . /LI ulfdtnU City Attorney City of Carlsbad (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 Q:ICED\Admin\B&AIPROJECTSIPUD 2024-0002; IMP2024-0011; GR2024-0024 -Cherry Beach Homes_N.FIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE§ 1189 ma a n PJIMROO uaao ··-OOODMWWGOWOiDORIUDA4#CO A notary public orotherofficer completing this certtticate verifies only the identity of the individual who signed the document to which this certtticate is attached, and not the truthfulness, accuracy, or validity of that document. State of Callfcel"!_ _ " • County of ~ 1.) I ~ i On fh~ 1.., ~J_I; bate ' personally appeared -----~~--,---~~--~----------------- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) ls/m-e subscribed to the within Instrument and acknowledged to me that he/5Me11:hey executed the same In hls1tff!Tl'thelr authorized capaclty(leE;j,: and that by hls/h~lr slgnature~on the Instrument the persont-,r, or the entity upon behalf of which the personf;;t-acted, executed the Instrument. Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WITNESS my hand and official seal. OPTIONAL Completing this Information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document TIiie or Type of Docum ent: __________________________ _ DocumentDate: ____________________ Numberof Pages: ___ _ Slgner(s) Other Than Named Above: ______________________ _ Capaclty(les) Claimed by Slgner(s) Signer's Name: ___________ _ Signer's Name: ___________ _ o Corporate Officer -Tltle(s): ______ _ o Corporate Officer -Tltle(s): ______ _ o Partner -o Limited □ General □ Partner -□ Limited □ General o Individual □ Attorney In Fact □ Individual □ Attorney In Fact o Trustee o Guardian or Conservator o Trustee o Guardian or Conservator o Oth er: □ Other: Signer Is Representing: ________ _ Signer Is Representing: ________ _ ·---• ----Dluu ©2019 National Notary Association 4 Q:\CED\Admin\B&AIPROJECTSIPUD 2024-0002; IMP2024-0011; GR2024-0024 -Cherry Beach Homes_N.FIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT E IN BLOCK 1 OF PALISADES HEIGHTS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1777, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 11, 1924-. - APN 204-231-05-00