Private Streets Maintenance Agreement 2000-0406167- B00 2000-0406167
POWAY, CA 92074
TO:
2639
AUG 01, 2000 8:00
8t~ DIEGO OOLINTY REOOROER'S O~FIOE
PRIVATE STREETS MA/NTENANCE AGREEMENT
EETS MAINTENANCE AGREEMENT,( ) dated f
as of the [~ day of
AND CATHERINE BAYANI, herema = referred to as "OWNERS", and the CITY OF POWAY, a
described and
"PRIVATE STREETS";
'te f iff:
chibit A attached hereto and
STREETS
referred to as the
' at 13225
benefit of suth PRIVATE STREETS. A complete legal d ~ 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";
repaired in a safe and usable condition;
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
1. The property benefitted lc ae Property. r all
· bound hereby for the benefit of the Property.
2. ~ 1 be borne by ti: I~'
assigns, and ' ' Notwithstanding, the foregoing, O c
from and lc ~
private roadway.
y of
be
- 2640
shall be limited to the following: reasonable and normal road imp
$ and any related drainage f
.n'ty. Repairs and
work to
of roadbeds, repairing and maintaining drainage structures, removing debris, maintaining signs,
mark ' ' t lighting, if any, and such other work ~] proper to
The obligation of the OWNERS as outlined herein shall commence with the completion of the
In the event the OWNERS perform any
S shall require such
3' '' t'
obligation with respect
· liability insurance
6. OWNERS shall defend and indemnify and hold harmless CITY, CITY's engineer and their
a of their off' '
liability, claims, damages, ]
other third parties arising out of or in
EETS.
t specifications f
S '' t ,'Ix
t CITY, CITY ttl: '
off' aall have ale
~' t t against all
t off: ' ting costs of defense
?the PRIVATE STREETS, orto any
to the use, repair of the
the specif~ tier contract d
~the work regarding the PRIVATE
tgment ora responsibility for any
t each of their officials, directors,
>ility or liability therefor.
If in the CITY' EETS are not be' lards set
forth in paragraph 3 of this Agreement, the CITY may thereupon provide to the
OWNERS to ' ain ninety (90) days. Upon failure to demonstrate
good faith to make repairs or 3' (90) days of receipt of such notice the
may make all needed repairs to ~
standards set forth in paragraph 3 and to then assess the costs thereof to the OWNERS. The
OWNERS sha ae CITY f ~] t by the CITY'
d ~urse the CITY within thirty (30) days
after CITY's demand l of its remedies at] 3'.
If the CITY ace with paragraph 7 above, said work shall
be 3'. Said repair shall be accepted "as is" by the OWNERS and the without any
warranty of workmanship. '
ofeach and
herein.
aall mn with the land and shall be deemed
ao shall I or any portion of the Property referred to
10. It is understood and agreed that the covenants herein contained shall be binding on the heirs,
t assigns of the OWNERS.
2641.
11.
obligations hereby created shall be and
· ,~ with the land and any subsequent
12.
This Agreement shall be governed by the 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
1N WITNESS WHEREOF, the parties
i this A
For OWNERS:
For CITY
the dates set forth hereinaRer.
Date:
- 2642
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
County of ~
personally appeared
0 me
[~Lproved to me on the basis of
evidence
to be the person~) whose name(~D~
subscribed to the within instrument and
executed
the same in ) authorized
capacity~, and that by
signature(l~ '~ or
the entity upon behalf of which the person(~
acted,
OPTIONAL
Title or
Signer(s) Other
'~ individual
[] Title(s):
[] Partner-- [] Limited [] General
[] Trustee
[] Other:
- 2643 -
ALL 15
AND OF
DEED TO JOSEPH N.
1986
AND
ALL THAT PORTION OF FRED DRIVE NORTH OF THE AND ITS
OF SAID BAYANI LAND AND WITHIN THE ROAD AND UTILITY
13,
INO 33730
- 2644 -
14,
Q
14;
,AND
THENCE
UX,
,AND,
RECORDS;