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Home My WebLink AboutMS 2021-0001; RREG Investments Series LLC; 2022-0325453; 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# 2022-0325453 111111111111 lllll 111111111111111 111111111111111111111111111111 IIII IIII Aug 11, 2022 10:50 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES $0.00 (S82 Atkins: $0 00) PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: __:::2 0.:...c6:....-0.:...c8:....:0...c-0:....;1 _____ _ PROJECT ID: --'-'-M;..;;;S..;;;;.2.;;_;02:....1_-0:....:0....c.0_1 ____ _ PROJECT NAME: ---'G:....:ac..rfi;_;1e;_;_ld;_;_;_;H..c.om...c..c.e.;:_s ____ _ HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 533-6A) 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 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 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 to the satisfaction of the City Engineer. The owners agree to repair or stabilize any slope which 1 Q:\CEO\LandDev\PROJECTS\MSIMS2021\MS2021.0001-Garfield Homes· Elias\B&A\J-iOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25113 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\MS2021\MS2021-0001· Garfield Homes -Elias\B&AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25113 IN WITNESS WHEREOF, the undersigned .-.-Vi day of __ J~v_,'~t? ____ , 2Q"Z,1.-. OWNER(S) has executed this instrument this RREG Investments Series, LLC Series 1038 APPROVED AS TO FORM: CELIA BREWER City Attorney By ~Ohf Assistant City Attorney City of Carlsbad By: ~ \\\-- ~s~- Kevin Dunn, Manager Date: (print name and title) ~(u(vi, 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 O:\CED\LandDev\PROJECTS\MS\MS2021\MS2021-0001-Garfield Homes -Elias\B&AIHOLO HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identtty 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 Callfor~la >.. } County of U ~ P ~-;;1 V 1 1 \ } On (u H · vVt.-before me, --.J' · W/\. ~},. -f-A () ~-di- Date I ./ ' H~ Insert me and lw:o, the Offic~ personally appeared re... ~ J \,--A J..> ~ I'\ Name(s) of Signer(s) ----who proved to me on the basis of satisfactory evidence to be the person(s) whose na me(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 slgnature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. COMM. #2395850 z Notary Public • California ~ San Diego County ... M Comm. Ex ires Apr. 2, 2026 Place Natary Seal and/or Stamp Abavc 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 Doc: ent l / ~ .,,, , / _ C' ,,. Title or Type of Document II'-,,...., ,-,. t.e ~ '>-tt_ /~ ~ /\ / DocumentDate: ___________________ NumberofPages: ~,) 1--0 Let.. Slgner(s) Other Than Named Above: A,,.. l l ~ 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 Individual o Attorney In Fact o Trustee o Guardian or Conservator o Trustee o Guardian or Conservator o Other: o Other: Signer Is Representing: ________ _ Signer Is Representing: ________ _ 02019 National Notary Association 4 Q:ICED\LandDev\PROJECTS\MSIMS20211MS2021-0001-Garfield Homes -Elias\B&A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01125/13 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