Private Streets Maintenance Agreement 2007-0644191
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RECORDING REQUESTED BY' : ,lilliil :III!IIIIIIIIIIIIIIIIIIIIIIIIIII! 11111111111111111111 illlllll
0~~ CITY OF POWAY OCT 04 2007 12'05 PM
AND WHEN RECORDED MAIL TO '-IFF'IC,lpL REr~IY:[ :
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(,,01') CITY CLERK I"lH[ilU!=:" .1 '-;r".jjl H IJ lur'lT, RCCIIr::i[IEfi
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CITY OF POWAY PAGE~: 5
POBOX 789
POWAY, CA 92074 fiilWlIiilil!i!lllllllilillllillllllllillllllllllill!111lilillllillllill!illil
(THIS SP
TTM 05,,02
314-194-6PRIVATE STREETS MAINTENANCE AGREEMENT
No Documentary Transfer Tax Due
THIS PRIVATE STREET~AINTENAN.C~ AGRE~lNT CAgreement") dated for reference
purposes as of the / q day'of a Ly>fE /1,4- c-/V ,2007, is entered into between
Norwaik VII, 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 a building permit
pursuant to Section 17.52,040 of the Municipal Code and Ordinance 303 and 304 relative to
construction of seven single-family residences for Tentative Tract Map (TTM) 05-02, Map No
15572; and
WHEREAS, OWNER wishes to proviae for the maintenance and repair of those certain PRIVATE
STREETS as shown on TTM 05-02, Map No. 15572, hereinafter referred to as the "PRIVATE
STREETS"; and
WHEREAS, OWNER is the owner of certain real property being developed as seven single"family
residences'for TTM 05-02, Map No 15572, that will use and enjoy the benefit of such PRIVATE
STREETS A complete legai de_scription of said real property is included in Exhibit A 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 STREETS 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
owners of ali or any portion,ofthe Property are expressly bound hereby for the benefit of the
Property
2. The cost of maintaining the PRIVATE STREETS shall be borne by the OWNER orhis 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
suc<::essors in interest who may be obligated under similar Private Street Maintenance
Agreements with the City of Poway relevant to this section of private roadway
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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 STREETS 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,
repairing and resealing the private street surface with asphalt emulsion coating by a licensed
paving contractor every 5 years or as conditions require, and such other work as is
reasonably necessary or proper to repair and preserve the PRIVATE STREETS for normal
access, ingress and egress purposes. This also includes maintenance of the storm drain
filtration basket and screen for capturing of hydrocarbons, annually or as conditions warrant.
Contact Bio Clean Environmental Services, Inc., POBox 869, Oceanside, CA 92049,
Telephone 760-433-7640, Fax 760-433-3176
4 The obligation of the OWNER as outlined herein shall commence with the issuance of a
building permit by the CITY to construct a single-family residence for TTM 05-02. Map. No.
15572.
5. In the event the OWNER retains a contractor to perform any maintenance and obligation
with respect to the PRIVA'fE STREETS, 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 STREETS, or to any other third parties arising out of or in any way related to the
use, repair or maintenance of the PRIVATE STREETS 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 STREETS 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 therefore.
7 If in the CITY's sole judgment the PRIVATE STREETS are 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 STREETS to meet the standards set forth in paragraph 3 and to then assess the
costs thereof to the OWNER. The 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
A majority of the seven homeowners of the PRIVATE STREETS may also take the same
action as CITY, except the notice to initiate repairs or construction would be 45 days and
failure to make repairs or construction would be 45 days from receipt of notice. All other
terms of reimbursement to the hired contractor and demand for payment and remedies for
payment would be the same.
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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 th~ land and.shall be deemed to be for the benefit of
the land of each and every person who shaliat 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
intenfthat 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
13. The costs for maintenance of the PRIVATE STREETS shall Qe shared as follows:
Parcel 1 of TTM 05-02, Map No. 15572 - one seventh (1/7)
Parcel 2 of TTM 05-02, Map No. 15572 - one seventh (1/7)
Parcel 3 of TTM 05-02, Map No. 15572 - one seventh (1/7)
Parcel 4 of TTM 05-02, Map No, 15572 - one seventh (1/7)
Parcel 5 of TTM 05-02, Map No 15572 - one seventh (1/7)
Parcel 6 of TTM 05-02, Map No 15572 - one seventh (1n)
Parcel 7 of TTM 05-02, Map No 15572 - one seventh (1/7)
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth
hereinafter ~
For OWNER: w- V\A. Date: 9-IQ-o"7
William M. Schloeder
Thom~ Date: 1- ('1,0 7
For CITY OF POWAY Date: r zit?)
~~/
Frank'-Casteleneto
Approved as to form: ~4~ Date. Cj-20 '01
Lisa Fost",,'
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EXHIBIT A
Parcels 1,2,3,4,5,6, and 7 of Tentative Tract Map 05-02, Map No 15572, in the City of Poway,
County of San Diego, State of California, filed in the office of the County Recorder of San Diego
County on June 22, 2007
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
~~-~~~=~.:...=^~~=^~~~~~~~~~~~~~
State of California } ss.
County of ~I\ ~legD
On ~e.pT-' 1'\, ()J]'i)7 before me, .s
Dale Name and Title 01 Otflc8r(e.g,
personally appeared Wi 1I.11.1Y\ JA , Sch \oeder al)rl
Name(s) of Signer{s)
!'\-\o~ S D, VJnDcl.bW'C\ :rr,
o personally known to me
$-proved to me on the basis of satisfactory evidence
--.. D. WO""'ft' to be the perso~ whose namE@) is~ subscribed
Co.'V" . ,. 1761701 to the within instrument and acknowledged to me ~
aoa, NIIID . C - ,... he/sh~ executed the same in his/her/ i
Ian ...... CIDlar authorize . capaci~, and that by his/he~
signatur~ on the instrument the perso~, or the
entity upon behaif of which the persontID acted,
executed the instrument.
WITNESS my :rtD official seal.
Place Notary Seal Above ~O~j" idlJu.f.J
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached~cument J..htc tJ fA '-f'/Y) HI 7lUl1l AJ , tJ fJqwt:J
Title or Type of Document: '11 t 1 Jah
Document Date: ~ (1l'- . I q. tU)()7 Number of Pages: ..5
Signer(s) Other Than Named Above:
Capacily(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
o Individual o Individual
o Corporate Officer - Tille(s): o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General RIGHT ,THUMBPRINT o Partner - 0 Limited 0 General RIGHT THUMBPRINT
o AlIorney in Fact OF SIGNER o Attorney in Fact OF SIGNER'
Top of thumb here Top of thumb here
o Trustee o Trustee
o Guardian or Conservator o Guardian or Conservator
o Other' o Other
Signer Is Representing: Signer Is Representing:
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