Private Road/Landscape Maintenance Agreement 2000-0587756 UUU
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2000 ~:~
RECORDiNG REQUESTED AND )
SE MAIL TO: )
CITY OF POWAY
13325 Civic Center Drive
Poway, California 92064
,gAN DIE~D COUNTY EEO R'S OFFICE
GREGORY J. ~ITH, RECORDER
FEES'- ~. '0
PRIVATE ROAD/LANDSCAPE MAINTENANCE AGREEMENT
.-de-sacs and the
t r~pair of~
This Agreement for th
private road/land the legal description and/or plat of which is set forth in
Exhibit "A" attached hereto and ' t herein by th/ ' is entered into by
McCULLOUGH-AMES DEVELOPMENT, LLC, a California limited liability company,
SADDLEBROOK INVESTMENT, LLC, a California limited liability company
(collectively, "Developer") and the CITY OF POWAY ("City") for the benefit of future
subdivision lot owners who will use the cul-de-sacs and private road/landscape ("lot
owners"), which shall include the Developer to the extent the Developer to the extent the
Develop y ownership ' y lot or lots.
WHEREAS, this Ag luffed as a condition of approval by the City of
a subdivision project as defined in section 21065 of the Public Resources Code and
pursuant to Poway Code of Regulatory Ord' 12.20.( and,
WHEREAS, Developer is the owner of certain real property being subdivided
and developed as Tentative Map No. 97-04 that will use and enjoy the benefit of said cul-
de-sacs and the road/landscape easement. A complete legal description of said real
property is attached, labeled Exhibit "B" and ' 1 herein by this reference
("Property"); and,
WHEREAS, it is the mutual desire of the parties hereto that said cul-de-sacs and
the private road/landscape easement be maintained in a safe and usable condition by the
~,
WHEREAS, it is the mutual desire of the parties hereto to establish a method for
the and repair of said cul-de-sacs and the private road/landscape easement
and for the app ~ tl~ ~ such t g existing
and future ]~
WHEREAS, the City shall be deemed a party hereto with the right but not the
obligation to enforce full compliance with the terms and conditions of the Agreement;
and,
WHEREAS, it is the mutual intention of the parties that this Agreement constitute a
; with the land, binding upon each successive 1 tall ['the
Property.
NOW THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
1. The Property benefitted by this A :1 present and lot owners
of all or any portion of the Property are expressly bound hereby for the benefit of the land.
the ]
The cost and expense of g the cul de sacs and the private road/landscape
aall be divided equally among the subdivided lots created in the subdivision and paid by
he heirs, assigns and ['each such owner.
3. Th ~ be performed under this A aall be limited
to the foil for additional work is agreed to by a majority vote of the lot owners
owning 100% of the lots. Reasonable and normal imF ~l ~ to adequately
· ~ cul de sacs, and the private road/landscag :1 related drainage facilities to
permit all and, all drains and al: ~in the right of way
ofF ' t all F ' drain and apl: ':lc of the I: '
Cul de Sac and Road repairs and ier this A aall include,
but is not limited to, filling of chuckholes, repairing cracks, repairing and resurfacing of roadbeds,
including brick pavers, repairing and g drainag ' g del: '
signs, markers, striping, lighting and other work reasonably necessary or proper to repair and
preserve th for all weather road purposes.
Landscape shall include, but is not limited to, planting, cultivating,
weeding, fertilizing, g, pruning and other work reasonably necessary and/or proper
to repair and maintain the cul de sacs and th for landscape purposes.
4. If there is a covenant, agreement, or other obligation imposed as a condition of
subdivision approval to make cul de sac and private road/landscape im!c he cul de sacs
and private road/landscag the obligation to repair and maintain the cul de sacs and the
private road/landscal: herein set forth shall ~en cul de sacs and the private
road improvements have been completed and approved by the City.
5. Any extraordinary repair required to correct damage to said cul de sacs and the
road/landscap aat results t for by parties hereto or their
· ' ~all be paid for by the patty taking action or party contracting for work which
caused the necessity for the extraordinary repair. The repair shall be such as to restore the cul de
sacs and/or the road/land the cond g prior to said damage.
2
September 2, 1999
6. It is agreed that Developer is initially the agent t t oversee and do all acts
necessa%' to accomplish the repairs and required and/or authorized under this
~ be replaced I:
of a majority of the lot owners. Repair and c on the cul de sacs and the private
roacl./landscal~ hall 1~ t wl~ 3~ of the ] g that
such ted. The agent shall obtain three (3) bids fi'om licensed t shall accept
thc lowest of said three (3) bids and shall then initiate the work. The agent shall be paid for all costs
incurred including a reasonable compensation for the ag t such costs shall be added
to and paid as a part of the repair and provided however, that compensation for
the ag hall ' I t~ ' percent (10%) of the actual
cost of repairs and performed. In performing his duties, the agent, as he anticipates the
need for funds, shall in writing notify the parties; and, each party shall within forty-five (45) days
after the date of such pay the agent, who shall 1 also
maintain accurate accounting records which are to be available for inspection by any party or
authorized reasonable request. All such records shall be retained by the agent for a
period of five (5) years.
7. Should any lot owner fail the pro-rata share of costs and
provided in this theh me agent or any I shall be entitled wi:boat
further notice to institute legal action for the collection of funds advanced on behalf of such lot
:lance with the I: ' ' ~'Califomia Civil Code section 645, and shall be entitled
a action in addition to the funds advanced, interest thereon at the current prime rate
of interest, until paid, all costs and disl: ~'such ting such ae
Court may fix as and f ble attorneys' fees.
8. Any liability of the lot owners for personal injury to the agent hereunder, or to any
~loyed to mak provid ler this A ' third persons,
as well as any liability of the lot owners for damage to the property of agent, or any such worker, or
of any third p t of or arising out of repairs and ter this Agreement,
shall be borne, as between the ] ae same percentages as they bear the costs and expenses
of such repairs and Each 1 aall be responsible for and maintain his own
insurance, if :1 by this Agreement. The parties d t to provide for the sharing
of liability with respect to personal injury or property damage other than that attributable to the
repairs and undertaken under this Agreement. Each of the lot owners agrees to
indemnify the others from any and all liability for injury to himself or damage to his property when
· ' or d ts f ' ' ; out of, or is attributable to any )airs
undertak this Agreement.
9. aall jointly and severally defend and indemnify and hold harmless City,
City's engineer, and their and each of their officials, directors, officers, agents and
employees from and against all liability, claims, damages, losses, expenses, personal injury and other
costs, including costs of defense and attorneys' fees, to the agent hereund 2' ]
~ f'the road/landscap y other third persons
September 2, 1999 3
arising out of or in any way related to the use of, rel: '
maintain th :l/landscap
~', or the failure to repair or
Nothing in the Agreement, the specif a d City's
approval of the plans and specif ~ection of the work is intended to includ
edgment of a responsibility for any such matter, and City, C :1
their consultants, and each of their officials, directors, officers, employees and agents, shall have
absolutely no responsibility or liability therefor.
10. If in the City's sole judgment said cul de sacs and the private road/landscape
being maintained to standards set forth in paragraph 4 of this Agreement, the City
may thereupon provide to all I initiate repairs or within
ninety (90) days. Upon failure to d good faith to make rep within
ninety (90) days, the I ~ hat the City may make all needed repairs to said cul de sacs
and/or the road/landscape easement and/or construct said road/landscape easement to meet the
standards set forth in paragraph 4 and to tl~ I lot owners proportionately. The
agent shall be responsible for collecting th t ensuring payment to the City. If the
agent fails to collect th for any reason, the City may pursue the remedy provided for
paragraph 8 hereof, or any other r~,medies at law or in equity.
11. If the C' ake necessary lance with paragraph 11 above,
said work shall be witl~ y. Said repair shall be accepted "as is" by the I ~out
any warranty of workmanship and be guaranteed and indemnified by them in accordance with
paragraph 9.
12. The foregoing aall mn with the land and shall be deemed to be for the
benefit of the land of each of the 1 t each and every person who shall at anytime own
all ~' the property referred to herein.
13.
the heirs,
It is understood and agreed that tl~ h t shall be binding on
~ ' ' t assigns of each of the lot owners.
14. It is tl~ ~'~ hereto that ~' be recorded to the end
and intent that the obligation hereby created shall be and ; with the land
and any ~aser of all or any portion thereof, by acceptance of delivery of a deed
and/or conveyance regardless of form, shall be deemed to I~ t to and become bound by
th '.uding without limitation, the right of any I~ t to enforce the terms of
this Agreement to institute legal action as provided in paragraph 8 hereof, such remedy to be
~1 in addition to other remedies provided in this Al t to all other remedies
at law or in equity.
thc
15. The terms of this Agt ~' be amended in writing Ul: ~, approval of
:1 consent of the City
4
September 2, 1999
16. This Agreement shall be govemed by the laws of the State of California. In the event
that any of ' ' ~this A held to be unenforceable or invalid 1: ~
competent the validity, and :y of the .... shall not be
affected thereby.
IN WITNESS WHEREOF, the parties have executed this Agreement on ]Oday of
1999.
DEVELOPER: McCULLOUGH-AMES DEVELOPMENT, LLC
a Cali~~ability company
By'
' ~5.-A/VlES, President
'I~O'N~ ~cC~rL£OUGH, Secretary
SADDLEBROOK INVESTMENT, LLC
a California limned liability company
CITY OF POWAY
By:(~ ~'~,~
It s: i~r e e l'o~r.~4D~lartm~ei~t o
Public Works
5
September 2, 1999
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of .~,
Or~ k¢'~¢ ~ ~Z before me, ~/'~ ' *
personally appeared ,.~ ¢~. ~.
ss,
[] proved to me on the basis of
evidence
! 194~2~
:olifomia
to be the person~ whose nam~re
subscribed to the within instrument and
--"-'"~--~ thonzed
the same in "~'his/)her/their au '
capacitor'S), an(~"-"[hat by ¢'~he['/their
sig natu re~{~s~'"~ ' ~, or
the entity upon behalf of which the person'('s~
acted,
OPTIONAL
Title or
Signer
Individual
Title(s):
Partner--Limited 3 General
Trustee
Other:
pred. NO. 5907
Exhibit "An and
TEE 330 FEET OF THE QU~.RTER OF ~
SECTION 1, TOWNSHIP 14 SOUTH, P~GE 2 WEST, SAN
CITY OF P0WAY, COUNTY OF SAN DIEGO, STATE OF
OFFICIAL PLAT THEREOF.
QUARTEH OF
IN THE
TO THE
THAT PORTION OF SAID
AS FOLLOWS:
330 FEET BEING MORE
AT THE COR/~ER OF SAID 330 FEET; THENCE SOUTH
EAST ALONG THE LINE THEP~EOF, 239.41 FEET TO THE TRUE POINT
OF THENCE ALONG SAID LINE SOIFrH EAST
355.59 FEET; THENCE, LEAVING SAID LINE SOUTH EAST, 10.04
FEET; THENCE NORTH WEST 3~5.82 F~ET; T~/ENCE NOR~ WEST 32.27
FEET TO THE TRUE POINT OF
TOGETHER WITH A PORTION OF PARCEL 2 OF PARCEL MAP 14104, IN THE CITY OF POWAY,
COUNTY OF SAN DIEGO, STATE OF FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY JANUARY 3, 1986, BEING MORE
AS FOLLOWS:
AT THE COR/~ER OF SAID PARCEL 2; THENCE NORTH
WEST ALONG THE WESTERLY LINE OF SAID PARCEL 2, 19.72 FEET; THENCE, LEAVING
SAID WESTERLY LINE, SOUTH EAST 203.73 FEET; THENCE SOUTH
EAST 38.20 FEET TO THE WITH '£~ LI~ OF SAID PARCEL 2;
THENCE NORTH WEST ALONG SAID LIllE 239.41 FEET TO ~ POINT
OF
STATE OF CALIFORNIA
COUNTY OF S~
SS.
me on
by his signature on tl~
executed
4~ ~t ~&--. . personally kn
evidence to l~ wl~ 9scribed to the Within
acknowledged to me that he executed the same in his authorized capacity, and that
he person, or the entity upon behalf of which the person acted,
Wit
I ~nd, rficial seal.
· ' 1243251
COUNTY AND STATE
SAID
NOTARY SEAL
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
Onff?,
personally appeared ,/~ ~4~ ~- ~e ~////,~, ,~ personally kn
me on the basis of satisfactor~ ewdence to be the peiqon wl~ '
by ~
executed th
a Notary Public,
proved to
9scribed to the within
acknowledged to me that she executed the same in her authorized capacity, and that
he entity upon behalf of which th
d official seal.
NOT,~Y PUBLIC Ilq'AND FOR SAID
COIO'NTY AND STATE
NOTARY SEAL
6
September 2, 1999
STATE OF CALIFORNIA
COUNTY OF S,
SS.
On / ~9~, before me, ' a Notary Public,
Seared ~. '/r,~ /:~'~ t~, ~/ ' 1~ :t to
me on the basis of satisfactory evidence~o be the person wl~ 9scribed to the within
I acknowledged to me that he executed the same in his authorized capacity, and that
by h' th n he entity upon behalf of which the person acted,
executed th
NOTARY SEAL
COUNTY AND STATE
SAID
September 2, 1999 7