The URL can be used to link to this page

Home My WebLink AboutMS 2021-0001; RREG Investments Series LLC; 2022-0325452; 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# 2022-0325452 111111111111 lllll 111111111111111 lllll 111111111111111111111111111111111 Aug 11, 2022 10:50 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.: 206-080-01 -----------PROJECT ID: MS2021-0001 --(<'.'.../ PROJECT NAME: Garfield Homes HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 533-6A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, RREG Investments Series, LLC Series 1038, 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. It is further agreed th at the above owner(s) will maintain all drainage systems to insure a 1 Q:\CEO\LandOev\PROJECTS\MS\MS2021\MS2021-0001· Garfield Homes· Elias\B&AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 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. /II /II Ill /II Ill Ill Ill /II /II /II Ill /II Ill Ill /II /II /II Ill Ill /II /II 2 Q:\CEDll.andDev\PROJECTS\MS\MS2021\MS202Hl001· Garfield Homes· Eias\B&A\HOLD HARMLESS AGREEMEITT DRAINAGE.doc 01/25/13 IN WITNES.S,.WHEREOF, the undersigned has executed this instrument this "2-1 ) .J'fJ~ , 20 -i,~ . APPROVED AS TO FORM: CELIA BREWER City Attorney By ~MW° Assistant City Attorney City of Carlsbad OWNER(S) RREG Investments Series, LLC Series 1038 By: Date: By: Date: Kevin Dunn, Manager (Print r:r;• and Title) ~(pt ~ (Sign Here) (Print Name and Title) (Proper notarial acknowledgment of execution by owner(s) must be attached) day of (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\landDev\PROJECTSIMS\MS2021\MS2021-0001-Garlield Homes -Eias\B&A\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25113 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 --·· ■■---[■---·--··-·--···· , A A notary public or other officer completing this certificate verifies only the identny of the individual who signed the document to whkh this certificate is attached, and not the truthfulness, accuracy, or validity of that document. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ls/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In hlS/her/thelr authorized capaclty(les), and that by his/her/their slgnature(s) on the Instrument the person(s}, or the entity upon behalf of which the person(s} acted, executed the Instrument. COMM. #2395_85~ ~ Notary Public -California o San Diego County ... M comm. Expires Apr. 2, 2026 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. re 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 Docume~ 1 '\ / A-,1 + Title or Type of Document: !1J2 d-l L7'--Y,-.l k~ ~ l"f/c.,Lc_ r ~~ DocumentDate: __________________ Numberof Pages: D✓ J..-c-'f'..~ Slgncr(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 □ General □ Partner -□ 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: ________ _ 0 2019 National Notary Association 4 O:ICEDILandDev\PROJECTS\MSIMS2021\MS2021--0001-Garfield Homes· Elias\B&AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 PRELIMINARY REPORT YOUR REFERENCE: EXHIBIT "A" LEGAL DESCRIPTION Chicago Title Company ORDER NO.: 00158477-996-SD1-RT4 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: LOT ONE (1) IN BLOCK "K" OF PALISADES, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1747, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY FEBRUARY 5, 1923. APN: 206-080-01-00 CL TA Preliminary Report Form -Modified (11/17/06) Page 3