HomeMy WebLinkAboutAMEND 2023-0001; 5801-5807 Van Allen Owner LLC; 2025-0267220; 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# 2025-0267220
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Sep 25, 2025 11 :33 AM
OFFICIAL RECORDS
JORDAN Z. MARKS,
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. : 212-120-02-00 -------------PROJECT ID: AMEND2023-0001
jl:J ~ PROJECT NAME: 5807 Van Allen Way
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 330-7B) for development to occur
on property more particularly described as (see attached, Exhibit "A"), I/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 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 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.
I 6 +'"' IN WITNESS WHEREOF, the undersigned has executed this instrument this ____ day of
)e(l~e""' I:, er 20)..5_
5801-5807 VAN ALLEN OWNER, LLC., a Delaware limited
liability company
By: SANTAN GEM, LP., a Delaware partnership
Its sole member
By: -\l.j_ ~ here)
Paul M iszkowicz -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 California
County of (20,.11-g{;.;
On __ '1~11~&~1-w~v~5~--before me, -+-'q----"i~-";-'-!-na-: ...... ¥1~a-n~fr~ti;-le-o-!Y-h~~o-"'t-+ce_r,_r~0 ~·b.~(;C.._£~
personally appeared feu.J UV\ 1S2-Ko ld i e,_,z ,
who proved to me on the oasis 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.
Signature __ ~=-;-----------(Seal)
EXHIBIT "A"
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARSLBAD, IN THE COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LOT 74 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.
APN: 212-120-02-00