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Home My WebLink AboutMS 2020-0004; RREG Investments Series LLC; 2022-0353795; 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# 2022-0353795 111111111111 lllll 11111 1111111111 lllll lllll lllll 11111111111111111111111 Sep 06, 2022 11 :41 AM OFFICIAL RECORDS Ernest J. Dronenburg, 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.: 205-270-13-00 ------------( c.../ PROJECT ID: _M_S_2_02_0_-0_0_04 ____ _ PROJECT NAME: Adams Street Homes HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 534-5A) 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) RREG Investments Series LLC Series 1044, 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 any persons, or damage to or taking of any property including public property, directly or indirectly ca used 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 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 1 Q:\CEO\LandDev\PROJECTSIMSIMS2020\MS2020-0004-Adams Street Homes-Fine\B & AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 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 Q:ICED\LandDev\PROJECTSIMS\MS2020\MS2020-0004-Adams Street Homes-Fine\B & AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25113 IN WITNESS WHEREOF, the undersigned has executed this instrument this .-.-, ] '<. day of JV'i>lfr , 20'l,t.... APPROVED AS TO FORM: CELIA BREWER City Attorney By Ao~ i ar ~oli1El1 Assistant City Attorney City of Carlsbad OWNER(S) RREG Investments Series LLC Series 1044, a Delaware Limited Liability Company By: Rincon Capital Group, LLC, a Delaware Limited Liability Company, Its anaging Member By: Kevin Dunn, President (print name and title) Date: ~ /z," I Vt,,, t By: (sign here) (print name and title) Date: (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 Q:\CED\LandOev\PROJECTSIMSIMS2020\MS2020-0004· Adams Street Homes-Fine\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public orotherofficercompleting 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 cb } ::unty 0 ~-. :-q_2J.-_~_i.;_;i_.._~_be-+1-fore-"--m-e, _-J_U;,_"'-~t:J--+-1'_+---+--', J\..-_{>;__;;,~-~---_,__p_u-k, kL., Date l/ J L)~rt'-fl;:e and 'r1t1e of the 0 ~ personally appeared ____ ...e ___ L--1"""-. _______________________ _ Nome(s) of Slgner(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ts/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capaclty(les), and that by his/her/their slgnature(s) on the Instrument tho person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. s.0 WRIGHT l COMM. #2395850 z Notary Public -California ~ San Diego County M comm. Expires Apr. 2, 2026 Place Notary Seal and/or Stomp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached DoE'f"'ent \ I I _ +-{ Title or Type of Document 0-, iJ ~ 1'--t>--/H. t..e-.S S (J._.1 /<..L-~ ~ L V L-{ '--- DocumentDate: ____________________ Numberof Pages: __ ~,4.._.~ I LJ-.J'-/L... Stgner(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 o General o Partner -o Limited o General o Individual o Attorney In Fact o lndlvtdual o Attorney In Fact o Trustee o Guardian or Conservator o Trustee o Guardian or Conservator o Other: o Other: Signer Is Representing: ________ _ Signer ts Representing: ________ _ 0 2019 National Notary Association 4 Q:ICEO\LandDev\PROJECTSIMSIMS2020\MS2020-0004-Adams Street Homes-Fine\B & AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01125113 EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: ALL THAT PORTION OF TRACT 236 OF THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681 , FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY DECEMBER 9, 1915, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTER LINE OF ADAMS STREET A DISTANCE THEREON NORTH 28° 39' WEST 734.81 FEET FROM ITS INTERSECTION WITH THE CENTER LINE OF TAMARACK AVENUE. SAID POINT OF BEGINNING BEING ALSO THE NORTHEASTERLY CORNER OF THAT PORTION OF SAID TRACT 236 CONVEYED BY THE SOUTH COAST LAND COMPANY TO SALVADO AND YSIDRA TREJO BY DEED DATED JANUARY 19, 1931 , AND RECORDED IN BOOK 1870, PAGE 77, OF RECORD OF DEEDS, THENCE ALONG THE NORTHWESTERLY LINE OF THE LAND SO CONVEYED TO TREJO SOUTH 61 ° 21 ' WEST A DISTANCE OF 446.86 FEET TO THE MOST WESTERLY CORNER THEREOF; THENCE NORTH 28° 39' WEST A DISTANCE OF 195.03 FEET TO THE MOST SOUTHERLY CORNER OF THAT PORTION OF SAID TRACT 236 CONVEYED BY THE SOUTH COAST LAND COMPANY TO DEAN F. PALMER BY DEED DATED MAY 5, 1927 AND RECORDED IN BOOK 1335, PAGE 384, OF RECORD OF DEEDS, THENCE ALONG THE SOUTHEASTERLY LINE OF THE PALMER PORTION NORTH 61° 21' EAST A DISTANCE OF 446.86 FEET TO A POINT ON THE SAID CENTER LINE OF ADAMS STREET, THENCE ALONG THE CENTER LINE OF ADAMS STREET SOUTH 28° 39' EAST A DISTANCE OF 195.03 FEET TO THE POINT OF BEGINNING. EXCEPT THEREFROM THAT PORTION THEREOF DESCRIBED AS FOLLOWS: THE SOUTHERLY 200 FEET OF THAT PORTION OF TRACT 236 OF THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681 , FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTER LINE OF ADAMS STREET, A DISTANCE THEREON NORTH 28° 39' WEST 734.81 FEET FROM ITS INTERSECTION WITH THE CENTER LINE OF TAMARACK AVENUE, SAID POINT OF BEGINNING BEING ALSO THE NORTHEASTERLY CORNER OF THAT PORTION OF SAID TRACT 236 CONVEYED BY THE SOUTH COAST LAND COMPANY TO SALVADO AND YSIDRA TREJO BY DEED DATED JANUARY 19, 1931 , AND RECORDED IN BOOK 1870, PAGE 77; OF RECORD OF DEEDS, THENCE ALONG THE NORTHWESTERLY LINE OF THE LAND SO CONVEYED TO TREJO, SOUTH 61 ° 21' WEST A DISTANCE OF 446.86 FEET TO THE MOST WESTERLY CORNER THEREOF; THENCE NORTH 28° 39' WEST A DISTANCE OF 195.03 FEET TO THE MOST SOUTHERLY CORNER OF THAT PORTION OF SAID TRACT 236 CONVEYED BY THE SOUTH COAST COMPANY TO DEAN F. PALMER BY DEED DATED MAY 5, 1927 AND RECORDED IN BOOK 1335, PAGE 384, OF RECORD OF DEEDS, THENCE ALONG THE SOUTHEASTERLY LINE OF THE PALMER PORTION, NORTH 61 ° 21' EAST A DISTANCE OF 446.86 FEET TO A POINT ON THE SAID CENTER LINE OF ADAMS STREET, THENCE ALONG THE CENTER LINE OF ADAMS STREET SOUTH 28° 39' EAST A DISTANCE OF 195.03 FEET TO THE POINT OF BEGINNING. THE NORTHEASTERLY LINE OF SAID SOUTHWESTERLY 200 FEET BEING MEASURED PARALLEL WITH THE SOUTHWESTERLY LINE OF THE LAND HEREINABOVE DESCRIBED. APN: 205-270-13-00