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Private Streets Maintenance Agreement 2000-0406168 - DOt'-' 2000-040 :,1fiR ~ ~645 hug o~, ~ooo ~a=o2 n~ AND TO: CITY ICI¢4 RECOP, DS 22.00 IN{Il II{{ IIIlll NN 11111 II PRIVATE STREETS MAINTENANCE AGREEMENT THIS PRIVATE STREETS MAINTENANCE AGREEMENT ("Agreement") dated f poses as of the ~4 day of 1)/ AND BAYANI, hen red to as , and the CITY OF POWAY, a municipal hereinal ZITY". Exhibit A STREETS"; t certain real property at 13227 Fred Drive that will use and enjoy the benefit of such PRIVATE STREETS. A complete legal description of said real property is included in Exhibit B attached hereto and made a part hereof. Said real property is hereinafter referred to as the "Property"; WHEt ' ' desire of the parties hereto that the PRIVATE STREETS I~ t and WILE} r ~e mumm intention of ', bind' aat thi the Property. NOW, THEREFO} LEBY AGREED AS FOLLOWS: 1. · benef ~'~. TI~ C all t I~ ~t of the Property. from and k be borne by the C ting, the f the City of obligated und' 2646 - shall be limited to the following: reasonable and normal road iml~ work to ad ~e PRIVATE STREETS and f ~n-ty. of roadbeds, repairing and maintaining drainage sm4,ctures, removing debris, maintaining signs, mark t lighting, if any, and such other work *ly necessary or proper to The obligation of the OWNERS as outlined herein shall commence with the completion of the a City drawing 801-04-266. In the event the OW~ . 3~ t obligation with respect ~ insurance 6. OWNERS shall defend and indemnify and hold 'armless CITY, CITY's engineer and their t each of their offi 7tic t t against all liability I t ?defense and attorney's f t I: r use of the PRIVATE STREE' other third parties arising out of or in ' to the use, repair of the oft for or spection of the work regarding the PRIVATE · ' ~ility for any off agents, shall have absolutel 3' or liability therefor. le PRIV forth in paragraph 3of this the CITY OWNERS to good faith to make repairs or OWNERS agree that the CITY may make all needed S are not 1: ' ts set ay thereupon provide to the ety (90) days. Upon f ~ (90) days of receipt of such notice the standards set forth in paragraph 3 and to then ass ss the costs thereof to the OWNERS. The OW? If the OW '(30) days after CITY's demand, then CITY ~ ofi s remedies at I ~y. be ~. Said repair shall lc warranty of workmanship. 'as is" by the above, said work shall tlc The f mn with the land and for the beneI t who sl~ ' referred to herein. 10. It is understood and agreed that the covenants he in contained shall be binding on the heirs, ? he OWNERS. 11. obligations hereby created shall be and · ; with the land and any subsequent ia deed an&' 12. ~all be governed by the laws of the State of California. In the event that any of the provisions of this held to be ~ by any court of competent For OWNERS: For CITY 0 Date: the dates set forth hereinafter. 2648 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT County of On 1~ ~ before 8re personally appeared , Public'} ~ proved to me on the basis of evidence to be the person~ whose name~.~)-i~Y~ subscribed to the within instrument and ~_"~ executed the same in .t,ri~'mq~) authorized capacityt~:~, and that by signatures '~), or the behalf of which the person(~ acted, OPTIONAL Title or Signer(s) Other Capacity(ies) ?~ocument igner © Individual ~ Title(s): [] Partner-- ~_ Limited ~ General [] Trustee [] Other: - 26~.9 15 ALL OF DEED TO 1986 AND ALL THAT PORTION OF FRED DR.[VE NORTH OF THE AND ITS OF SAID BAYANI LAND AND WITHIN THE ROAD AND UTILITY OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST 14, Q ,AND THENCE RIG T ANGLE, UX, u~ND, RECOKDS;