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Private Streets Maintenance Agreement 2001-0051622TO: 4257 O0OJ 2001-00,51fi00 JAN 30, 2OO1 8:54 AM ~ ~IE~ ~T~ ~E~D~R'~ O~I~E ~E$: 19.00 PRIVATE STREET MAINTENANCE AGREEMENT as of the ~ day~ - ,, as "OWNERS , and the CITY OF POWAY, ~[ municipal dated f 20.1~I~3 is entered into between hereinafter referred to hereinafier referred to as "CITY". th/ tition of approval by the CITY of a building Ix to Section 17.52.040 of Code and Ordinance 3 family residence at 13697 Indian Peak Trail; single WHEREAS, ' te for and sl~ attached hereto and mad STREET tian Peak' repair of the PRIVATE STREET described ?, hereinafier referred to as the "PRIVATE twin Lane. Owner is the owner of certain real property being developed as a single family dwelling that will use and enjoy the benefit of such A complete legal ? said real property is includ attacl~ t mad [ Said . ' is hereinafter referred , WHEREAS, it is the mutual desire of the parties hereto that the PRIVATE STREET I: and WHEREAS, it is the mutual intention of the parties that this Ag~ the Property, bind" ? the Property. NOW, AGREED AS FOLLOWS: 1. The property benefitted Property. Tk :1 hereby for the benefit of the Property. all The cost of ..t.IVATE STREET shall be borne by the OWNERS or k' · ' Notwiff foregoing, C c contributions t by all I~ ' obligated under similar Private Street Maintenance Ag~ 1 the City of this section of private roadway. 4258' The repairs and be performed under this Agreement by or on behalf of the OWNERS shall be limited to the f ~le and normal road c to the t t fi.om the Property. Repairs and :' shall include, but are not limited to, filling of chuckholes, repairing cracks, repairing and resuffacing of roadbeds, repairing and ' ' drainage structures, removing debris, ' ' signs, 4. The obligation of the O t herein shall ~ ti: ' ? a building In the event the OWNERS perf ~all liability ' ' STREETS. :' approval of the plans and STREET is intended to mclud CITY, £ regard obligation with respect · liability insurance OWNERS shall defend and indemnify and hold harmless CITY, CITY's engineer and their t against all liability ] injury and otl: and attorney's fees, incurred by or payable to any other use of the PRIVATE STREET; or to any other t to tl: : CITY's ~ for or inspection of the work regarding the PRIVATE tgment of a responsibility for any t tk ' ~ each of their officials, directors, ~ I~ ~ility or liability therefor. 7. Ifin the £ ' tgment ti: STREET are not Ix' t to standards set forth mak b' (90) days. Upon failure to d t faith to fin ninety (90) days of receipt of such notice the OWNERS agree t to tl: ~ereof to the OWNERS. TI~ the CITY for all reasonable costs incurred by the CITY in connection with such activities. If the OWNERS do not so reimburse the CITY within thirty (30) days after CITY's demand, then CITY [ of its remed' .y. If the CITY ~ be 3~. warranty of ~ paragraph 7 above, said work shall "as is" by tk the without any of each and wl: herein. ~e land benefit of the land Property referred to 10. It is understood and agreed that the covenants herein contained shall be binding on the heirs, 4259 - 11. obligations hereby created shall be and ?the Property, lc regardless of form, shall be deemed to ~ · ~, with the land and any subsequent Ydelivew of a deed an&' t to and become bound by this Agreement. 12. This 1 be governed by the laws of the State of California. ~ the this A held to be unenforceable or invalid by any court of competent .Y .... be affected thereby. IN WITNESS WHEREOF, the parties For CITY this Ag~ ae dates set forth hereinafter. Date: CALIFORNIA ALL-PUR~E ACKNOWLEDGMENT State of ~onaiI~ ~a~ ~ ~ 4260 person(s) acted, OPTIONAL basis of satisfactory evidence · ¥(ies), Description of Attached Document 'RUe or Signer(s) Other Capacity(les) Claimed by Signer(s) Si~ [] Individual [] 'RUe(s): [] Trustee [] Other: Limited [] General [] Individual [] Title(s): [] Partner-- [] Limited [] General [] Trustee [] Other: 4261 EXHIBIT "A" INDIAN PEAK TRAIL AS SHOWN ON PARCEL MAP 11020 IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 26, 1981 EXHIBIT "B" PARCEL 3 OF PARCEL MAP 11020 IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 26, 1981