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Home My WebLink AboutAMEND 2023-0001; 5801-5807 Van Allen Owner LLC; 2025-0257714; 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# 2025-0257714 111111111111 lllll 111111111111111111111111111111 IIIII IIIII IIIII IIII IIII Sep 17, 2025 10:07 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.: 212-120-01-00 -------------PROJECT ID: AMEND2023-0001 PROJECT NAME: 5801 Van Allen Way HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 512-7B) 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), 5801-5807 Van Allen Owner, LLC., 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 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. IN WITNESS WHEREOF, the undersigned has executed this instrument this J,-5t"' day of Av~ vB-, 20~5. 5801-5807 VAN ALLEN OWNER, LLC., a Delaware limited liability company By: By: SANTAN GEM, L.P., a Delaware partnership Its sole member Justin Loiacono -Authorized Signatory (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.) APPROVED AS TO FORM: CINDIE K. MCMAHON City Attorney By: &~~ ... ./ ..... C. Dalton Sorich Assistant City Attorney City of Carlsbad 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 Califor,Q,!a County of C,1 fC<:+'t,je before me, Ree~t SJ-e-f\1\ ler rJofc,Y'J:J PvJ)/e (insert name and title of th'¥ officer) personally appeared __ \--'-~-~--"-'-hl\ __ -"-L--o_'..-ci_{)._-' ..... C'-->o"'-vi ll))-"'----------- who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), 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. ~·-··········f REED STEMLER : Notary Public • California z ii Orange County ~ Commission# 2526181 - My Comm. Expires Jul 5, 202' (Seal) For APN/Parcel 1D(s): 212-120-01 and 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 DESCRIBED AS FOLLOWS: PARCEL A: APN : 212-120-01-00 LOT 75 OF CARLSBAD TRACT NO. 85-24, UNIT NO. 4, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11811 , FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 19, 1987. PARCEL 8: AN EASEMENT FOR LANDSCAPING AND MAINTENANCE PURPOSES OVER A PORTION OF LOT 109 OF THE CITY OF CARLSBAD TRACT NO. 85-24 UNIT NO. 5, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12815, AS SET FORTH IN THAT CERTAIN "LANDSCAPE AND MAINTENANCE EASEMENT" RECORDED JUNE 24, 2009 AS INSTRUMENT NO. 2009-0346261 , OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF LOT 109 OF CITY OF CARLSBAD TRACT NO. 85-24 UNIT NO. 5, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12815 FILED IN THE OFFICE OF THE COUNTY RECORDER MAY 16TH, 1991 AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF LOT 109, SAID POINT BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF FARADAY AVENUE (84 FEET WIDE); THENCE SOUTH 58° 48' 20" WEST A DISTANCE OF 40.76 FEET, THENCE SOUTH 22° 44' 04" WEST A DISTANCE OF 260.97 FEET; THENCE SOUTH 26° 09' 22" EAST A DISTANCE OF 37.36 FEET TO THE EASTERLY LINE OF LOT 109; THENCE NORTH 12° 20' 45" EAST A DISTANCE OF 23.01 FEET TO THE SOUTHWESTERLY CORNER OF LOT 75 OF CARLSBAD TRACT NO. 85-24 UNIT NO. 4 ACCORDING TO MAP THEREOF NO. 11811 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MAY 19, 1987; THENCE ALONG THE WESTERLY LINE OF SAID LOT 75 NORTH 22 ° 44' 04" EAST A DISTANCE OF 295.85 FEET TO THE POINT OF BEGINNING.