Private Streets Maintenance Agreement 2001-0010144DOg .. 2001-0010144
CITY CLERK
TO:
1142
JAN 08,
2001 8:i5 AM
OlEG [lllNTY RECO BER'S OFFICE
GI~B3[~ . ~ITIh ~ Pt RE~ORDI3R
ES: ~ .00
PRIVATE STREETS MAINTENANCE AGREEMENT
MAIN'I.I~N~ANCE AGRHEIvlENT ("Agreement") dated f
as of.the / ~ day of J-).~.~,,'.K ,~ ' 20 C'O ,is entered into between
as "OWNERS", and the CITY OF POWAY, a mf~J¢~pal hereinafter referred to as "crrY".
WHEREAS, th' t as a condition of approval by the CITY of a build.·
to Section 17.52.040 of the Municipa! Code and Ordinance 303 and 3C
family residence at
WHEREAS, Owner wishes to provide for tlr
described and shown on Exhibit A attached
EETS";
? a single
repair of ~ 'RIVATE STREETS
hereof, hereinafter referred to as the
WHEREAS, Owner is the owner of certain real property being developed as }~ 5,~ ~ that will
ae benefit of such PRIVATE STREETS. de: J~tion of said real property
' t~3hibit B attached hereto and ,~. Said ' is hereinafter xeferred
to as the "Property";
WHEREAS, it is the mutual desire of the parties hereto that the PRIVATE STREETS t
repaired in a safe and usable condition;
and
WB ~
the Property, bind' a Ythe Property.
NOW,
' IS HEREBY AGREED AS FOLLOWS:
I. bene£ ~e Property. ~ t ?all
~ , bound hereby for the benefit of the Property.
obligated
tl~'
· ' RIVATE STREETS shall be bome by the OWNERS or his or her heirs,
from and by all be
S a the City of
10.
1143
Tile repairs and maint,~/nce to be performed under this Agreement ..y or on behalf of the OWNERS
shall the following:
adequately maintain the PRIVATE STREETS and any related drainage facilities to !~
:1 t from the Property. Repairs and ter ~'
of roadbeds, repairing drainage structures, removing debris,
markers, striping and lighting, if any, and such other work
repair and preserve the PRIVATE STREETS for normal
· ' signs,
~ly necessary or proper to
t egress purposes.
' herein sl~ [ a building
permit by the CITY ' gle family dwelling at / i~'~'~
to the PRIVATE STREETS, the OWNERS shall require such
liability ' ' ~ t~ regard to such
liability insurance
OWNERS shall defend and indemnify and hold harmless CITY, CITY's engineer and their
i each of their officials, directors, off~ t t against all
liability ] injury and otl: ting costs of defense
and attorney's f t by or payable to any other use of the PRIVATE STREETS, or to any
other third parties arising out of or in any way related to the use, repair of the
1: EETS. Nothing in 6'
C ' of the plans and f
STREETS is intended to includ
such CITY, CITY tff
ol t agents, shall have al:
t~er contract d
?the work regarding the PRIVATE
mowledgment of a responsibility for any
t each of their officials, directors,
~ility or liability therefor.
If in the CITY's sole judgment the PRIVATE STREETS are not l:
forth in paragraph 3 of this Agreement, the CITY may thereupon provide written notice to the
O fin ninety (90) days. Upon failure to demonstrate
good faith to make repairs ur within ninety (90) days of receipt of such notice the
OWNERS agree that the CITY may make all needed repairs to the PRIVATE STREETS to meet the
standards set forth in paragraph 3 and to then assess the costs thereof to the OWNERS. The
OWNERS shall reimburse the CITY for all reasonab] ! by the CITY'
such If the OWNERS d ~urse the CITY within thirty (30) days
after CITY's demand, then CITY of ]
If the CITY '~ lance with paragraph 7 above, said work shall
be without warranty. Said repair shall be accepted "as is" by the OWNERS and the without any
warranty of workmanship.
The f
of each and
herein.
i mn with the land and shall be deemed to be for the benefit of the land
ao shall I ? the Property referred to
It is
and agreed that the covenants herein contained shall be binding on the heirs,
:1 assigns of the OWNERS.
1'1. It is the purpose of th."')gnatory hereto that ~' '
be rec~..ed to the end and intent that the
purchaser of all or any portion of the Property, by
regardless of form, shall be deemed to 1:
~ deliveD' of a deed and/or conveyance,
t to and become bound by rE'
12.
provisions of this A held to be unenforceable or invalid by any court of competent
jurisdiction, the validity and enforceability of ti ' ' provisions shall not be affected thereby.
For CITY OF POWAY:
dates set forth hereinafter.
Date
[] personally known to me
- OR - [~ 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 ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(les), and ·that by his/her/their
signathre(s) on the instrument the person(s),
er the enti'ty upon behalf of which the
person(s) acted, executed the instrument.
';'"? "~t - ~'" ' "~¢'' ::':7 . WITNESS my,hand and offlcml seal.
O~[ONAL
prevent
· CAP,ACITY' CLAimED fly SIGNEP,
DESCRIPTION OF ATi'ACHED DOCUi'vlENT
TRUSTEE(S)
QTHER:
[] IJMFFED
[] GENERAL
sIGNER(S)
EXHIBIT A
TIIE NORTHERLY 40 FEET OF PARCEL 3 OF PARCEL MAP 11912, IN THE CITY OF
POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 21, 1982 AS FILE NO.
82-017582 OF OFFICIAL RECORDS.
AN EASEMENT AND RIGHT OF WAY 60 FEET IN WIDTH FOR INGRESS AND EGRESS,
ROAD AND UTILITY PURPOSES INCLUDING, BUT NOT LIMITED TO, ELECTRIC
POWER, TELEPHONE, GAS, WATER, SEWER AND CABLE TELEVISION LINES AND
APPURTENANCES THERETO, TOGETHER WITH THE RIGHT AND POWER TO
CONVEY SAME TO OTHERS OVER, UNDER, ALONG, AND ACROSS THAT CERTAIN
STRIP OF LAND. THE CENTER LINE OF SAID 60 FOOT EASEMENT IS DESCRIBED AS
FOLLOWS:
THE EASTERLY LINE OF PARCEL 3 OF PARCEL MAP NO. 11912, IN THE CITY OF
POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 21, 1982 AS FILE NO.
82-017582 OF OFFICIAL RECORDS.
THE SIDELINES OF SAID 60 FOOT EASEMENT ARE TO BE EXTENDED OR
SHORTENED SO AS TO TERMINATE ON THE NORTHERLY AND SOUTHERLY LINES,
OR THEIR EXTENSIONS, OF SAID PARCEL 3.
EXHIBIT B
PARCEL 3 OF PARCEL MAP NO. 11912, IN THE CITY OF POWAY, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, JANUARY 21, 1982 AS FILE NO. 82-017582 OF OFFICIAL
RECORDS.