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Home My WebLink AboutMS 2021-0004; RREG Investments Series LLC Series I041; 2023-0077279; 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# 2023-0077279 111111111111 lllll 1111111111111111111111111111111111111111111111111 IIII Mar 27, 2023 09:44 AM 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.: 204-240-08-00 -----------\. PROJECT ID: MS 2021-0004 ~ ½'ct,_ PROJECT NAME: Acacia Beach Homes HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 537-8A) 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, I/(We), RREG Investments Series, LLC Series 1041 , 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 1 Q:ICED\Admin\B&AIPROJECTSIMS 2021-0004; ROW2022-0334; GR2022-0022 -Acacia Beach Homes E.EIHOLD 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. /II /II Ill Ill /II /II Ill Ill /II /II /II /II Ill Ill Ill Ill /II 2 Q:ICEO\Admin\B&AIPROJECTS\MS 2021-0004; ROW2022-0334; GR2022-0022 • Acacia Beach Homes E.EIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25113 - IN WITNESS WHEREOF, the undersigned has executed this instrument this_'-__ _ day of f\~ , 20,..., . APPROVED AS TO FORM: CINDIE MCMAHON City Attorney By:__,,_---\½--"""""""'-""-.,,,......;"'"""""--1-R N KEMP Senior Assistant City A City of Carlsbad OWNER(S) RREG Investments Series, LLC Series 1041 , a Delaware limited liability company By: Kevin Dunn -Managing Member Date: (print name and title) ~ t7-l7v} 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\Admln\B&AIPROJECTSIMS 2021-0004; ROW2022-0334; GR2022-0022 -Acacia Beach Homes E.EIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 - PRELIMINARY REPORT YOUR REFERENCE: EXHIBIT "A" LEGAL DESCRIPTION Chicago Title Company ORDER NO.: 00176919-996-SD1-RT4 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: THE NORTHWESTERLY 150.00 FEET OF LOT 10 IN BLOCK "Q" 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 NORTHEASTERLY 60.8 FEET. APN 204-240-08-00 Cl TA Preliminary Report Form-Modified (11/17/06) Page 3 ACKNOWLEDGMENT A notary public or other officer completing 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 Califot9ia c:" County of Z) G:(\ ~\ ~ IJ (insert name and ti personally appeared K-e..vm \) un'f\ who proved to me on the basis of satisfactory evidence to be the person{s.) whose name(s) isfafe subscribed to the within instrument and acknowledged to me that he/~ey executed the same in his/h-erltheir authorized capacity(~ and that by his/herltheir signature($} on the instrument the person($.), or the entity upon behalf of which the person(s.}. acted, executed the instrument. 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. (Seal)