HomeMy WebLinkAboutAMEND 2023-0001; 5801-5807 Van Allen Owner LLC; 2025-0267221; Hold Harmless Agreement/ReleaseRECORDING IS REQUESTED
FOR THE BENWT OF THE CITY OF
CARLSBAD
WHEN RECORDED MAIL TO :
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
DOC# 2025-0267221
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Sep 25, 2025 11 :33 AM
OFFICIAL RECORDS
JORDAN Z. MARKS,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (882 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
PROJECT NAME: 5807 Van Allen Way
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In cons ideration of the City's approval of a grading plan (DWG 330-7B) 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 l ~ +-"' day of 5e,-o+eMber 20 ~5 .
5801-5807 VAN ALLEN OWNER, LLC., a Delaware limited liability
company
By: SANTAN GEM, L.P., a Delaware partnership
Its sole member
By ~..J ~gn here)
Paul Miszkowicz -Authorized Signatory
(print name and title)
Date: 5e,,+eV\'\be"" ! c,, }o}. 5
(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.)
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 ('2/Jiv/15:&
On _ _,_9....,_(_,_J...._fi_,_/ ...... Z ...... o'-"ZS::c...,,c.._ __ before me, ___._& ...... ( ...... i~s-"-~'--rt.;:;....~L.W.~"-e ....... !f.;;...,.n~-t-itl...._~-"'o~-'-"~'-'--lff-ic_,_ft-'-~"'-"--'-"//~C-~-
personally appeared P aj M i S z. k O LI i LZ..
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.
• C ft. e. ft O O .. ,
WITNESS my hand and official seal. REED STEMLER f
Notary Public• California "'
Orange County ;.
Signature __ ~------------
Commission II 2526131 ~
y Comm. Expires Jul~. 207? ,,
(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