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Private Street Maintenance Agreement 2020-0584019RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P 0 BOX 789 POWAY, CA 92074 NO TRANSFER TAX DUE DOC# 2020-0584019 11II Il 1111111111111111111111111111111111111110111111111111 Sep 30, 2020 08:33 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $32.00 (SB2 Atkins: $0.00) (THIS SPACE FOR RECORDER'S USE) PAGES: 7 PRIVATE STREET MAINTENANCE AGREEMENT (CUP14-004, CUP17-011, and CUP17-012) THIS PRIVATE STREET MAINTENANCE AGREEMENT ("Agreement") dated for reference purposes as of the E fL day of Ajit_ i,i , 2004), is entered into between Sunview Gardens, We -ARC Holdings LLC,nd M -Terre Holdings LLC, hereinafter referred to as "OWNER", and the CITY OF POWAY, a municipal corporation, hereinafter referred to as "CITY". WHEREAS, this Agreement is required as a condition of approval by the CITY of Conditional Use Permit (CUP) 14-004, CUP17-011, and CUP17-012 pursuant to Section 17.52.040 of the Municipal Code and Ordinance 303 and 304, relative to construction of a private road; and WHEREAS, OWNER wishes to provide for the maintenance and repair of those certain private streets described and shown on Exhibit A attached hereto and made a part hereof, hereinafter referred to as "PRIVATE STREET"; and WHEREAS, OWNER is the owner of certain real property being developed as a residential care facility that will use and enjoy the benefit of such PRIVATE STREET. 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"; and WHEREAS, it is the mutual desire of the parties hereto that the PRIVATE STREET be maintained and repaired in a safe and usable condition; and WHEREAS, it is the mutual intention of the parties that this Agreement constitute a covenant running with the Property, binding upon each successive owner 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 OWNER 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 STREET shall be borne by the OWNER or his or her heirs, assigns, and successors in interest. Notwithstanding the foregoing, OWNER 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. The repairs and maintenance to be performed under this Agreement by or on behalf of the OWNER shall be limited to the following: 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 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. 4. The obligation of the OWNER as outlined herein shall commence with the issuance of a building permit by the CITY to construct a residential care facility. 5. In the event OWNER retains a contractor to perform any maintenance and obligation with respect to the PRIVATE STREET, the OWNER shall require such contractor to maintain liability insurance to cover any liability arising as a result of its activities with regard to such maintenance activities. 6. OWNER shall 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 use 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. 7. If in the CITY's sole judgment, the PRIVATE STREET is not being maintained to standards set forth in paragraph 3 of this Agreement, the CITY may thereupon provide written notice to the OWNER to initiate repairs or construction within ninety (90) days. Upon failure to demonstrate good faith to make repairs or construction within ninety (90) days of receipt of such notice the OWNER agrees that the CITY may make all needed repairs to the PRIVATE STREET to meet the standards set forth in paragraph 3 and to then assess the costs thereof to the OWNER. OWNER shall reimburse the CITY for all reasonable costs incurred by the CITY in connection with such maintenance activities. If the OWNER does not so reimburse the CITY within thirty (30) days after CITY's demand, then CITY may pursue all of its remedies at law or in equity. 8. If the CITY elects to make necessary repairs in accordance with paragraph 7 above, said work shall be without warranty. Said repair shall be accepted "as is" by the OWNER and the without any warranty of workmanship. 9. The foregoing covenants shall run with the land and shall be deemed to be for the benefit of the land of each and every person who shall at any time own all or any portion of the Property referred to herein. 10. It is understood and agreed that the covenants herein contained shall be binding on the heirs, executors, administrators, successors and assigns of the OWNER. 11. 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. 12. 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. OWNER: M -Terre Holdings LLC OWNER: Sunview Gardens CSL Felicity Arcang1., Director OWNER: We -ARC Holdings LLC CCTAQPIC, Felicity Arcangeli, ecretary CITY OF POWAY: Date: 21 Ir11(9- 0 Date: Date: gi n P aoQ- (signatures must be notarized) Robrt J. Mani Director of Development ^' ices Approved as to Form Office of the City Attorney Alan Fenstermacher City Attorney Date: 714 (signature must be notarized) Date: q(/ (2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 Callifprnia ) County f �C.JQ%iV C -L -o ) On -(ki-k) / I Cibefore me, QlilEt-t LifLodiic), Date Here Insert Name and Title of the Officer personally appeared LJI j6Vii Cozn/��ti%,A ®ame(s) of Signer(s) who proved to me on the baste of satisfac ory evidence to be th-pers-on(s)7whose-name(s), i /are subscribed to the within instrument and acknowledged to me that h /s1/theexecuted the same in Ns/hiadttrauthorized capacityth%s), and that by hl's/hiArlthreirrsignmtur on the instrument the person, or the entity upon behalf of whichJhe perspn(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. PATRICIA S. O'SULLIVAN Notary Public - California z San Diego County Commission = 2231893 My Comm. Expires Mar 22, 2022 Place Notaty 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 Dpgtument �� Q� Title or Type of Documen %1 -Li.), -(°a -2 )1a-c_irceoft A a 9.4L,Document Date: i 7 „I- Number of Pager Signer(s) Other Than Named Above: Capacity(ies) C imed by Signr(s) Signer's Name:W-(()0t ciA..01142 ❑ Corporate Officer — Tlt cI (s): ❑ Partner — ❑ Limited ❑ General ndividual D Attorney in Fact ❑ rustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ` .'Vt -- &L2 ❑ Corporate Officer itle(s): ❑ Partner — ❑ Limited ❑ General ❑ dividual ❑ Attorney in Fact ❑ Tr tee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 6ve,�4 Lt-eK Aw.m �4v.'ems_c_4'er4_AwAsl Air... 4�4'e' Asecer4'eiti4wiAleA ssr,v,g‘ vae,4'e/oa .'ei: dvAte4wArvz,4'd4wf,wcmow,v ©2016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT w. w. v. w v. an. . v. „,_, w. Aft - t lb% CIVIL CODE § 1189 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 August 20, 2020 before me, } Yvonne Mannion Notary Public, Date Here Insert Name and Title of the Officer personally appeared Robert J. Manis 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. YVONNE MANNION Notary Public - California San Diego County Commission # 2201766 My Comm, Expires Jun 18, 2021 Place Notary Seal Above I 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 k.,10„„;0,-.) Signature of Notary Public OPTIONAL 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: Private Street Maintenance Agreement CUP14-004, CUP17-011 & CUP17-012 Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 EXHIBIT A PRI VA TE STREET POWA Y, CALIFORNIA LOT 2 MAP 1502 APN 314-193-466 \ LOT 5 MAP 15602 APN 314-193-49 CONCRETE GUTTER /38.00' CURB & GUTTER LOT 3 MAP 15602 APN 314-193-47 EX/S77NG PRIVATE ACCESS AND U77L/TY EASEMENT PER MAP 15602 CURB & GUTTER CONCRETE CURB LOT 4 MAP 15602 APN 314-193-48 EX/STING PUBLIC SEWER AND WA TER EASEMENT .PER MAP 15602 CONCRETE CURB CONCRETE GUI I& \ AUBREY STREET LEGEND EX/S77NG PROPERTY LINE EX/S77NG EASEMENT PRIVATE STREET 58.73' '- 38.00' ASPHALT BERM APN 314-193-38 �o 30' 60' GRAPHIC SCALE: 1" = 30' Kane En gin eerin g J.N. 1805 08/04/20 EXHIBIT B LEGAL DESCRIPTION OF OWNERS PROPERTY LOTS 2, 4, AND 5 OF CITY OF POWAY TRACT 04-04, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15602, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 10, 2007, AS FILE NO. 2007-0594376 OF OFFICIAL RECORDS. ASSESSOR'S PARCEL NUMBERS: 314-193-46, 48, & 49 Page 1 of 1