HomeMy WebLinkAboutMS 2021-0002; RREG Investments Series LLC; 2022-0268196; 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# 2022-0268196
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Jun 29, 2022 02:54 PM
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.: 204-240-32
PROJECT ID: MS2021-0002 ------------PROJECT NAME: _Ju_n~ip~e_r_B_e_a_c_h_H_o_m_e_s ___ _
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 533-?A) for development
to occur on property more particularly descri bed as (see attached, Exhibit "A"), and other good
and valuable consideration, receipt of which is hereby acknowledged, 1/(We) RREG Investments
Series, LLC Series 1039, 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 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
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
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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.
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IN WITNESS WHEREOF, the undersigned has executed this instrument this
APPROVED AS TO FORM:
CELIA BREWER
City Attorney
By W P C¥v
Assistant City Attorney
City of Carlsbad
OWNER(S)
RREG Investments Series, LLC Series 1039, a
Delaware limited liability company
By:
Kevin Dunn, Manager
(print name and title)
Date: ;{v/~,.
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.)
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STACY LE
; Notary Public ~ Oranie
Commission
My CoTrr. £xpir•
ART
California
unty
2250274
Jul 16, 2022
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public orothcrofficercomplcting this certificate verifies only the identtty of the individual who signed the document
to which this certificate is attilChed, and not the truthfulness, accuracy, or validity of that document.
L.__
State of California }
County of -'-...,_-------..c+~-----
On \-\~ ~, A:-9 ~ :::>.-, before me, 'S~'::\ L ~\.._'-0~ ~'\ -x~~\",t._
Date Herc Insert Name and Title of the Officer
personally appeared · \ ~ ~ t..:... N
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the pcrson(s) whose name(s) ls/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 slgnaturc(s) on the Instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the Instrument.
Place Notary Seo/ ondlor 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.
WITNESS my hand and official seal.
Signature ~(\,.~ ~~~
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 Document
Title or Type of Document _________________________ _
DocumentDate: ____________________ Numberof Pages: ___ _
Slgner(s) Other Than Named Above: ______________________ _
Capaclty(les) Claimed by Slgner(s)
Signer's Name: Signer's Name:
□ Corporate Officer -Tltle(s): ______ _ □ Corporate Officer -Tltle(s): ______ _
□ Partner -□ Limited □ Geneml □ Portner -□ Limited □ General
□ Individual □ Attorney In Fact □ Individual □ Attorney In Fact
□ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator
□ Other: □ Other:
Signer Is Representing: ________ _ Signer Is Representing: ________ _
02019 National Notary Association
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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 DESCRI BED AS FOLLOWS:
ALL OF LOT 2 IN BLOCK "R" OF PALISADES NO. 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1803, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 25, 1924. -
EXCEPTING THEREFROM THE SOUTHWESTERLY 65.50 FEET AND THE SOUTHEASTERLY 105.00 FEET.
APN 204-240-32-00