Private Streets Maintenance Agreement 2000-04061732000-0406173
AND TO:
2668
~U~ 01, 2000 8:04
FIOI~_
DIE COUNTY RECOROER'S OFFICE
GR[GflR, HMIT~{, COUNTY RE[llRIIER
PRIVATE STREETS MAINTENANCE AGREEMENT
$ MAINTENANCE AC { ) dated for ref
as of the 15th day of May, 2000, is entered into between CLYDE AND JACQUOLINE CHERRY,
t to as "OWNERS", and the CITY ' '
referred to as "CITY".
hereto and :'
WHEREAS, Owner is the owner of
benefit of such PRIVATE STREETS.
Exhibit B attached hereto and made a
"Property";
at : t enjoy the
legal ? said real property is included in
Said real properly is hereinafter referred to as the
' intention of the parties tl:
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
1. The property benefitted by thi the Property.
assigns, and
the Property
t ?all
bound hereby for the benefit of '.
· ' Notwithstanding, the foregoing,
from and by all other owners, 1~ '
contributions
~o may be
shall be limited to the loll ~le and normal road '
ad .KIV $ and any related drainage f
.qty. Repairs and
of roadbeds, repairing and maintaining drainage structures, removing debris,
t lighting, if any, and such other work ~l
work to
signs,
Der to
The obligation of the OWNERS as outlined herein shall commence with the
of the
In the event the OWNERS
to the PRIV
leO
obligation with respect
liability insurance
OWNERS shall defend and indemnify and hold harmless CITY, CITY's engineer and their
?their off'
liability
f t by or payalc
other third parties arising out of or in
Not/
· ' '1: ?defense
aer use of the PRIVATE STREETS, or to any
t to the use, repair of the
t CITY, CITY'
off ~ agents, shall have ak
f ?the work regarding ti:
' 3r for any
>ility or liability therefor.
If in is set
forth in paragraph 3 of this Agreement, the CITY provide to the
OWNERS to ' ' fin ninety (90) days. Upon failure to demonstrate
good faith to make repairs or within ninety (90) days of receipt of such notice the
~e CITY 1 needed glVATE STREETS to meet the
standards set forth in paragraph 3 and to then assess the costs thereof to the OWNERS. The
such If g d ~urse the CITY ' (30) days
after CITY's demand, then CITY of its remedies at I ~.
If the CITY
be 3j. $
warranty of workmanship.
7
1 be accepted "as is" by the OWNERS and the without any
of each and who s~
herein.
the Property referred to
10. It is understood and agreed that the covenants herein contained shall be binding on the heirs,
11. ?tl~ ~ ' '
obligations hereby created shall be and
?
be recorded
· ; with the land and any subsequent
?a deed
12.
This Agreement shall be governed by/he laws of the State of California. In the event that any of the
provisions of this held to be unenforceable or invalid by any court of competent
IN WITNESS WHEREOF, the parties k t this A
'
~e dates set forth hereinafter.
Date: ~)
Date: .,T'- ! V'- ~
For CITY
Steve Ec _~'{..s~,L75~ty Attorney
Date
2671
CAL!FORNIA ALL-PURP i,;E ACKNOWLEDGMENT
State of 0 I~ ~
Co.ntyof
On 1~ I0 before me ~ ~ ~J ~
Date
personally appeared -~ ¢ Iln~ ~ ~.l ~ ~hl
persor~
acted,
OPTIONAL
Description of Attached Document
Title or' '~( -~c~ La~' ~.
Signer(s) Other
Capacity(les) Claimed by Signer(s)
A
D Individual
Title(s):
[] Partner-- ~ Limited ~ General
[] Trustee
[] Other:
[] Individual
[]
T'~le(s):
[] Partner -- r~ Limited ~ General
[] Trustee
[] Other:
2672
ALL OF 15 FEET OFFSET LINE
OF
DEED TO DANIEL A. HEYDEN AND L. HEYDEN, APRIL 26, 1993 IN
FILE NO.
OF ROAD, AND WITHIN THE ROAD AND UTILITY
AND
ALL THAT PORTION OF FRED DRIVE NORTH OF THE
ROAD AND
RECORDS.
APRIL 13, 1961
AND ITS
J. LEE,
NO 33730
EXP. ~ '-~ff"" ~'~.
2673
14,
Q
Q
Q
14;
THENCE
RECORDS;
THENCE
,AND
1959 IN
NO 33730
E X P. ~'.~'o ~'_,.;