HomeMy WebLinkAboutCT 16-07; AVP - Marja Acres LLC; 2026-0000641; 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# 2026-0000641
111111111111 lllll 111111111111111111111111111111111111111111111 IIII IIII
Jan 02, 2026 12:27 PM
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. : 207-102-02-00 -------------PROJECT ID: CT 16-07
PROJECT NAME: Marja Acres -Commercial
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 529-9D} for development to occur
on property more particularly described as (see attached, Exhibit "A"), I/We, AVP -Marja Acres LLC., a
California 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.
IN WITNESS WHEREOF, the undersigned has executed this instrument this I; day of
N ~IHVMbU , 2015_.
AVP -MARJA ACRES LLC., a California limited liability company
By: AVP-FUND I LLC., a California limited liability company
Its Managing Member
By:
see &\rt!Jlcvied
GI( ~V10W \ ect~VYleV'lt
APPROVED AS TO FORM:
CINDIE K. MCMAHON
City Attorney
Date:
By:_C_~-~--~
C. Dalton So rich /L/1? /~d~?
Assistant City Attorney
City of Carlsbad
Sean Pourteymour -Managing Member
(print name and title)
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 SCilV\ ~ \ i½ 0
before me, P\t\Oebe Munie Hcm\s, ~OtullY PUb\ic
(insert name and title of the officer)
personally appeared .Se &\V\ Pou rte~ v\'10 \Ar
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.
Signat (Seal)
EXHIBIT "A"
LEGAL DESCRIPTION
Real property in the City of Carlsbad, County of San Diego, State of California, described as follows:
Parcel 1:
Lot 2 of City of CARLSBAD TRACT NO. 16-07 MARJA ACRES, in the City of Carlsbad, County of San Diego,
State of California, according to Map Thereof No. 16537, filed in the Office of the County Recorder of San
Diego County, December 1, 2022 as Instrument No. 2022-7000617 of Official Records
Parcel 2:
Non-exclusive easements for vehicular and pedestrian ingress and egress on, over, through and across
the "shared drive", for the existence, use and operation of the "shared private sewer line", the "shared
private water line", the "shared reclaimed water line", the "master water metering system" and the
"shared basins" and "storm drain facilities", a non-exclusive easement for the placement and use of any
"utility facilities", non-exclusive easement over adjoining "parcel" for minor encroachments and
maintenance thereof, and a non-exclusive easement for the use of the "shared basins' and "storm drain
facilities" and for the flow and passage of stormwater and drainage through the "shared basins" and
"storm drain facilities", pursuant and subject to the terms and provisions contained in the "declaration
establishing easements, maintenance and cost sharing obligations for CARLSBAD Tract No. 16-07"
recorded March 29, 2024 as Instrument No. 2024-0078357 of Official Records.
APN: 207-102-02-00