HomeMy WebLinkAboutCT 16-07; AVP - Marja Acres LLC; 2026-0000642; 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# 2026-0000642
111111111111 lllll 111111111111111111111111111111111111111111111 IIII IIII
Jan 02, 2026 12:27 PM
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. : 207-102-02-00 -------------PROJECT ID: CT 16-07 -------------PROJECT NAME: Marja Acres -Commercial
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 529-9D) 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), 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 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 ----'-13..L..-_ day of
~N~ov_e_rn~h_n_~, 2015 .
APPROVED AS TO FORM:
CINDIE K. MCMAHON
City Attorney
By: c[k/6~
C. Dalton Sorich /;--.// 7(?t?):_?
Assistant City Attorney
City of Carlsbad
AVP -MARJA ACRES LLC., a California limited liability
company
By: AVP-FUND I LLC., a California limited liability
company
Its Managing Member
Sean Pourteymour-Managing Member
(print name and title)
Date:
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 S 0\ V\ Die~ 0
before me, p~oeve /v\0\(1 e ~lt1111L [\JO{(J\\l\ y\Ab\lC
(insert name and title of the officer)
personally appeared SQ01V\ VO\Hle½\N\~\Af
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.
(Seal)
..........................................................
PHOEBE MARIE HARRIS I
Comm. # 2510243 [ii
SAN DIEGO County ~
California • Notary Public i
Comm. E)(pires JAN. 20, 2029 ....... . ............................................ ;
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