HomeMy WebLinkAboutCT 2021-0002; RREG Investments Series LLC; 2023-0159682; 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# 2023-0159682
111111111111 1111111111 11111111111111111111111111111111111 IIIII IIII IIII
Jun 20, 2023 10:42 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.: 204-240-13-00, 204-240-14-00
PROJECT ID: CT 2021 -0002
PROJECT NAME: Garfield Beach Homes
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 538-2A) and
improvement plan (DWG 538-2) for development to occur on property more particularly
described as (see attached, Exhibit "A"), I/We, RREG INVESTMENTS SERIES, LLC. Series
1040, 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 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.
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It is further agreed that the above owner(s) will maintain all drainage systems to insure a
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.
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IN WITNESS WHEREOF, the undersigned has executed this instrument this :ii_ day of
,Mtj-, 20l!.}
APPROVED AS TO FORM:
CINDIE MCMAHON
City Attorney
By: -~----'......,.r::...._.,.__~....+...1----
RON KEMP
Senior Assistant City
City of Carlsbad
OWNER(S)
RREG INVESTMENTS SERIES, LLC., SERIES 1040, a
Delaware limited liability company
By: Rincon Capital Group LLC.
Its sole member
By ~~ ------,.,C.....:...----jr-r+(-s·-1g_n _H_e-re_) _______ _
Kevin Dunn -President
Date:
(Proper notarial acknowledgment of execution by owner(s) must be attached)
(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.)
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EXHIBIT "A"
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:
PARCEL A: APN 204-240-14-00
LOT 6 AND THE SOUTHEASTERLY 5 FEET OF LOT 5 IN BLOCK O OF PALISADES, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 1747,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 05,
1923.
ALSO ALL OF LOT 10 IN BLOCK Q OF PALISADES NO. 2, IN THE COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO MAP NO. 1803, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, AUGUST 25, 1924.
EXCEPTING FROM SAID LOT 10 THE NORTHWESTERLY 253.77 FEET THEREOF.
PARCEL B: APN 204-240-13-00
THE SOUTHEASTERLY 2.5 FEET OF LOT 4 AND ALL OF LOT 5, EXCEPTING THE
SOUTHEASTERLY 5 FEET THEREOF, IN BLOCK Q OF PALISADES, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 1747, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 05, 1923.
ALSO THE SOUTHEASTERLY 47.30 FEET OF THE NORTHWESTERLY 253.77 FEET OF LOT 10 IN
BLOCK Q OF PALISADES NO. 2, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP NO. 1803, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, AUGUST 25, 1924.
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A notary publlcorotherofficer 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.
who proved to me on the basis of satisfactory evidence to be the person(-! whose name(i) ls/ai:2 subscribed
to the within Instrument and acknowledged to me that he/~ey executed the same In hls/~lr
authorized capacity(~. and that by hls/~elr slgnaturets)'on the Instrument the personf-j, or the entity
upon behalf of which the persol1fs) acted, executed the Instrument.
Place Notary Seo/ and/or Stomp Above
I certify under PENAL TY OF PERJURY under the
laws of the State of ca11fornla that the foregoing
paragraph Is true and correct.
WITNESS my hand and offlclal seal.
OPTIONAL -----------------,
Completing this information can deter alterarlon of the document or
fmudulent reattachment of this form to an unintended document
Description of Attached Document
Title or Type of Document: _________________________ _
Document Date: ____________________ Number of Pages: ___ _
Slgner(s) Other Than Named Above: ______________________ _
Capaclty(les) Claimed by Slgner(s)
Signer's Name: ___________ _ Signer's Name: ___________ _
o Corporate Officer -Tltle(s): ______ _ □ Corporate Officer -Tltle(s): ______ _
o Partner -o Limited □ General □ Partner -□ Limited □ General
□ Individual □ Attorney In Fact □ Individual □ Attorney In Fact
□ Trustee o Guardian or Conservator □ Trustee □ Guardian or Conservator
□ Other: □ Other:
Signer Is Representing: ________ _ Signer Is Representing: ________ _
0 2019 National Notary Association
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