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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.