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Private Street Maintenance Agreement 2019-0592103RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P 0 BOX 789 POWAY, CA 92074 DOC# 2019-0592103 111111 IIII! IIIII IIIII IIII I IIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Dec 18, 2019 01:01 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $32.00 (SB2 Atkins: $0.00) PAGES: 7 (THIS SPACE FOR RECORDER'S USE) APN: 317-534-20 PRIVATE STREET MAINTENANCE AGREEMENT This PRIVATE STREET MAINTENANCE AGREEMENT ("Agreement") dated for reference purposes as of the 11 day of 2&C: ? ILLbiz,(. , 2019 is entered into between Navak, LLC, (hereinafter referred to as "DEVELOPER"), and the CITY OF POWAY, a municipal corporation (hereinafter referred to as "CITY"), for the benefit of future subdivision lot owners (hereinafter referred to as "LOT OWNERS," which shall include the DEVELOPER to the extent the DEVELOPER retains any ownership interest in any lot or lots) who will use the PRIVATE STREET. WHEREAS, this Agreement is required as a condition of approval by the CITY of a building permit pursuant to Section 17.52.040 of the Municipal Code and Ordinance 303 and 304 relative to. construction of single-family residences at the Aria Estates Development; WHEREAS, DEVELOPER wishes to provide for the maintenance and repair of that certain PRIVATE STREET described on Exhibit A attached hereto and made a part hereof (hereinafter referred to as the "PRIVATE STREET"); WHEREAS, DEVELOPER is the owner of certain real property being subdivided and developed as TTM 17-003 that will use and enjoy the benefit of such PRIVATE STREET. A complete legal description of said real property is more fully described as follows: The southerly 528.00 feet of the westerly 660.00 feet of the northeast quarter of the southwest quarter of Section 14, Township 14 South, Range 2 West, Wan Bernardino Meridian, in the County of San Diego, State of California, according to the Official Plat thereof. Said real property is hereinafter referred to as the "PROPERTY;" WHEREAS, it is the mutual desire of the parties hereto that the PRIVATE STREET be maintained in a safe and usable condition; WHEREAS, it is the mutual desire of the parties hereto to establish a method for the maintenance and repair of the PRIVATE STREET and for the apportionment of the expense of such maintenance and repair among existing and future LOT OWNERS; and WHEREAS, it is the mutual intention of the parties that this Agreement constitute a covenant running with the land, binding upon each successive LOT OWNER of all or any portion of the PROPERTY. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. The property benefited by this Agreement is the PROPERTY. The present and successive LOT OWNERS of all or any portion of the PROPERTY are expressly bound hereby for the benefit of the PROPERTY. 2. The cost of maintaining the PRIVATE STREETS shall be borne by the LOT OWNERS or his or her heirs, assigns, and successors in interest. Notwithstanding, the foregoing, LOT OWNERS may seek contributions or recompense from and by all other owners, heirs, assigns and successors in interest who may be obligated under similar Private Street Maintenance Agreements with the City of Poway relevant to this section of private roadway. 3. In the event the herein described parcels are subdivided further, or any additional parcels not originally contemplated by this Agreement gains access to the PRIVATE STREET, the LOT OWNERS, heirs, assigns, and successors in interest of each such newly created parcel or additional parcel shall be liable under this Agreement for their then pro rata share of expenses and such pro rata shares of expenses shall be computed to reflect such newly created or additional parcels. 4. The repairs and maintenance to be performed under this Agreement shall be limited to the following, unless the consent for additional work is agreed to by a majority vote of the LOT OWNERS, including subdivisions thereof and additions thereto as described above in paragraph 3: Reasonable and normal road improvement maintenance work to adequately maintain the PRIVATE STREET and any related drainage facilities to permit normal access, ingress and egress to and from the lots within the PROPERTY. Repairs and maintenance under this Agreement shall include, but are not limited to, filling of chuckholes, repairing cracks, repairing and resurfacing of roadbeds, repairing and maintaining drainage structures, removing debris, maintaining signs, markers, striping and lighting, if any, and such other work as is reasonably necessary or proper to repair and preserve the PRIVATE STREET for normal access, ingress and egress purposes. 5. The obligation of the LOT OWNERS to repair and maintain the PRIVATE STREET of the PROPERTY as herein set forth shall commence when the PRIVATE STREET improvements have been completed, and approved by the CITY. 6. The cost of any extraordinary repair required to correct damage to the PRIVATE STREET shall be the responsibility of the party causing the need for such extraordinary repair. The repair shall be such as to restore the PRIVATE STREET to the condition existing prior to said damage. 7. It is agreed that DEVELOPER is initially the agent to contract and oversee and do all acts necessary to accomplish the repairs and maintenance required and/or authorized under this Agreement. The parties further agree that the agent may at any time be replaced at the direction of a majority of the LOT OWNERS. Repair and maintenance work on the private road easement shall be commenced when a majority of the LOT OWNERS agree in writing that such work is needed. The agent shall obtain three bids from licensed contractors and shall accept the lowest of said three bids and shall then initiate the work. The agent shall be paid for all costs incurred including a reasonable compensation for the repair and maintenance cost; provided, however, that compensation for the agent's service shall in no event exceed an amount equivalent to 10% of the actual cost of repairs and maintenance performed. In performing his duties, the agent, as he anticipates the need for funds, shall notify the parties and each party shall within forty-five (45) days pay the agent, who shall maintain a trustee account and also maintain accurate accounting records which are to be available upon request. All such records shall be retained by the agent for five years. 8. Should any LOT OWNER fail to pay the pro rata share of costs and expenses as provided in this Agreement, then the agent or any LOT OWNER or LOT OWNERS shall be entitled without further notice to institute a legal action for the collection of funds advanced on behalf of such LOT OWNER in accordance with the provisions of California Civil Code Section 845, and shall be entitled to recover in such action in addition to the funds advance, interest thereon at the current prime rate of interest, until paid, all costs and disbursements of such action, including such sum or sums as the Court may fix as and for reasonable attorney's fees. 9. Any liability of the LOT OWNERS for personal injury to the agent hereunder, or to any worker employed to make repairs or provide maintenance under this Agreement, or to 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 persons, as a result of or arising out of repairs and maintenance under this Agreement, shall be borne, as between the LOT OWNERS in the same percentages as they bear the costs and expenses of such repairs and maintenance. Each LOT OWNER shall be responsible for and maintain his own insurance, if any. By this Agreement, the parties do not intend to provide for the sharing of liability with respect to personal injury or property damage other than that attributable to the repairs and maintenance undertaken under this Agreement. Each of the LOT OWNERS agrees to indemnify the others from any and all liability for the injury to him or damage to his property when such injury or damage results from, arises out of, or is attributable to any maintenance or repairs undertaken pursuant to the Agreement. 10. LOT OWNERS shall jointly and severally defend and indemnify and hold harmless CITY, CITY's engineer and their consultants 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 attorney's fees, incurred by or payable to any other LOT OWNER, any user of the PRIVATE STREET, or to any other third parties arising out of or in any way related to the use, repair or maintenance of the PRIVATE STREET. Nothing in this Agreement, the specifications, or other contract documents or CITY's approval of the plans and specifications for or inspection of the work regarding the PRIVATE STREET is intended to include a review, inspection, or acknowledgment of a responsibility for any such matter, and CITY, CITY's engineer, and their consultants, and each of their officials, directors, officers, employees and agents, shall have absolutely no responsibility or liability therefor. 11. If in the CITY's sole judgment the PRIVATE STREET is not being maintained to standards set forth in paragraph 4 of this Agreement, the CITY may thereupon provide written notice to all LOT OWNERS to initiate repairs or construction within ninety (90) days. Upon failure to demonstrate good faith to make repairs or construction within n ninety (90) days of receipt of such notice the LOT OWNERS agree that the CITY may make all needed repairs to the PRIVATE STREET to meet the standards set forth in paragraph 4 and to then assess the costs thereof to all LOT OWNERS proportionately. 12. If the CITY elects to make necessary repairs in accordance with paragraph 11 above, said work shall be without warranty. Said repair shall be accepted "as is" by the LOT OWNERS without any warranty of workmanship and be guaranteed and indemnified by them in accordance with paragraph 11. 13. The foregoing covenants shall run with the land and shall be deemed to be for the benefit of the land of each of the LOT OWNERS and each and every person who shall at any time own all or any portion of the PROPERTY referred to herein. 14. It is understood and agreed that the covenants herein contained shall be binding on the heirs, executors, administrators, successors and assigns of each LOT OWNER. 15. It is the purpose of the signatory hereto that this instrument be recorded to the end and intent that the obligations hereby created shall be and constitute a covenant running with the land and any subsequent purchaser of all or any portion of the PROPERTY, by acceptance of delivery of a deed and/or conveyance, regardless of form, shall be deemed to have consented to and become bound by this AGREEMENT. 16. The terms of this Agreement may be amended in writing upon approval of the LOT OWNERS and consent of the CITY. 17. This Agreement shall be governed by the laws of the State of California. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions shall not be affected thereby. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth hereinafter. For DEVELOPER: Navak, LLC, a California limited liability company By: Mostafa Panah Its: Managing Member For CITY OF POWAY: R•b=rt J. Mani Director of Development Se es Approved as to Form Office of the City Attorney Date: 131/ 20(a/ Date: /0/04�' (signatures must be notarized) Alan Fenstermacher City Attorney Attachments: 1. Exhibit A — Private Street Map CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 .wt4e.74.;ck_�:�2/.T�.�;• A- �/.z`:v,..��..Z� ::� :®.4/T�/za :,tea ;�a�C!��. .`, a, :�< wtei1/4N,�'� A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On QM bi_( .2014i before me, " Date personally appeared in t Polo k Yvonne Mannion Notary Public Here Insert Name and Title of the Officer Name(s) of Signer(s) who 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 acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. YVONNE MANNION Notary Public - California San Diego County Commission 0 2201766 My Comm. Expires Jun 18, 2021 Place Notary Seal Above WITNESS my hand and official seal. Signature OPTIONAL Signature of Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: t V Te_ . t('e-e_ e 1 + 9 ce 6-6 re- mat Document Date: DeCelUber i `� ,o I Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: l ti. ' • • ,� •• `�✓ • $2> v 4••'Yr���/VC•�r. �; ;1.--/r .. �'.�� Y �- V �`V • �• �� , + �� ";•_ ©201 - ©2016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 .mwQ ,, AINN.. , mss. C tel. _14,1!'iRA, vvWvs. 4W41 ;mss <��.•.. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On CeCY)JZk I .200 before me, Yvonne Mannion Notary Public Date Here Insert Name and Title of the Officer personally appeared /DfrJfr /ricie1, Name(s) of Signer(s) who 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 acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. z z YVONNE MANNION Notary Public - California San Diego County Commission # 2201766 My Comm. Expires Jun 18, 2021 Place Notary Seal Above certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature jI :ate OPTIONAL Signature of Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Pr s ✓rk-i € —C7rtizt in a;r1- c.� 44t Document Date: DeCell ber e o7Olal Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): Number of Pages: ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 EXHIBIT A LOT FEIN SPACE -EAS MAP 6 614 57 56 LOT 7 55 r. I�.��IGF�s�_tis ARIA COURT (PRIVATE STREET) 54 52 SO $`1 4q 48 46 1 DANES ROAD 45