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