Private Streets Maintenance Agreement 2003-0667495
. DOC .2003-0667495
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. RECORDING REQUESTED BY .=rUN 05. 2003 4:18 Pi"i
CITYOFPOWAY OFFICIAL RECORDS
f~ AND WHEN RECORDED MAIL TO' SAN DIEGO COUNT'I RECORDER'S OFFICE
GREGORY J. SMITH. COUNTY RECORDER
CITY CLERK FEES: 51. 00
~.~ / \y CITY OF POW A Y
PO BOX 789
POW AY"CA 92074
\Lu 'NO TRANSFER TAX DUE (THlS SPACE FOR RECORDER'S USE)
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PRIVATE STREETS MAINTENANCE AGREEMENT
THIS PRIVATE STREETS MAINTENANCE AGREEMENT ("Agreement") dated foueference purposes as
ofthe, STI"f' day of -lut-l€-. ,2003, is entered into benyeen Catherine Catrambone hereinafter
referred,to as "Owner" , and ,the City of Po way, a municipal corporation, hereinafter' referred to as "City"
WHEREAS, this Agreement is required.as'a condition of approval by City, of a building permit pursuant to
Se"tion 17,52.040 ofthe Municipal Gode and'Or'dinance 303 and 304 relative to construction of a single
family residence at l4250 Crystal View Lane; and
WHEREAS, Owner wishes to provide:forthe maintenance and repair of those certain Private Streets described
'al1d'S!lO.wn.,:m Exhibit A attached hereto and made a part hereof, hereinafterrefmed to as the "Private Streets';;
and
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WHEREAS, Owner is the owner of certain real property being developed as a single family house at 14250
,Crystal YiewLane that will use and enjoyJhe benefit of such Private Streets, A complete legaJ'description of _
said.reaLproperty 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 ofthe 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,.benefitedby this Agreementis'the.Property The present and successive 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 bome by Owner or his or her heirs, assigns, and
successors in interest. Notwithstanding the foregoing, Owner may seek conl1ibutions'or recompense
from,and by all other owners, heirs, assigns and successors in interest who may be obligated under
similar Private Street Maintenance Agreements withCityrelevarit tOlhis section of private roadway
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3 The repairs and maintenance to be performed under this Agreement by or on behalf of Owner shall be
lin:rited to the follO\Y1pg: reasonable and normaJ.r.o",d iil1provementmaintenance 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 andmaintenanceunder this Agreement shall mclude, but are
not limiteil to, filling of chuckholes, repairing, cracks, repairing and resurfacing of roadbeds, repailing
and 111amtaining drainage stIuctures, removing debris, maintaining sihJ11S, markers, striping and
lighting, if any, and such other work as is reasonably'necessary or proper to repair and preserve the
Private Streets for norma] access, ingress and egres5,purposes,
4 The'obligation of Owner as outlined herein shall commence with the issuance of a building pemlit by
'Gity to construct a single family house at 14250 Crystal Vicw Lane,
5 In the event Owner retains a contractor toperfoilll any maintenance and obligation with respect to the
Private Streets, 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'indemnifyand,hold,hmmlessCity,City's'engineer and their consultants and
each oftheirofficiais,directors"officers,agents and einployees from and against all liability, claims,
dmllages,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 S'treets, or to any other third parties arising
out of or in any way related to the use,Tepair 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 oftheir officials, directors, officers, employees and agents,
;shall have absolutely no responsibility or liability therefor
7 If in City's 501e judgment the Private Streets are not being rnaintained to standards set forth in
paraf,'TIlph 3 of this Agreement, 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'orconstruction within ninety (90) days of receipt of such notice, Owner agrees that City may
make,aii needed repairs to the Private Streets to meet the standards set forth in paragraph 3mld tothen
,essess the costs thereof to the OwneL Owner shall reimburse City for all reasonable cosH;.incurred by
City.in,connection with such maintenance activities, If Owner does not so reirnburse City within thirty
(305 days afterGity's demand, then City may pursue all of its,remedies at law or in equity
8, If City elects to make necessary r,epaies in accordance with paragraph 7 above, said work shall be
without warranty Said repair shall',be accepted "as is" by Owner and the without any warranty of
workmanship,
9" The foregoing covenants shall run witli the,landand shall bi'deemed to be for the benefit oftheJand
of'each and every person who shall at any time own all or any ponion oftheProperty referred to
herein,
10 It is understood and agreed that the covenants herein contained shall be binding on the heirs,
executors, admmistrators, successors and assigns of the Owner
11 ltis the purpose of the signatory hereto thaUhis instrument be recorded to the end and intentthaUhe
obligations hereby created shall be and constitute a covenant running with the land and any subsequent
purchaser of all or any portion ofthe Property by acceptance of delivery of a deed and/or conveyance,
regardless offonll, shall be deerned to have consented to and become bound by this Agreement.
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12. This Agreement shall be governed by the laws of the 'State of California, In the event that any of the
provisions of thi.s Agreement are held to be ,unerforc"able or invalid,by any court of competent
jurisdiction, the validity and enforceability oftherernaining provisions shall not be affected thereby
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth hereinafter
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Fot OWNER. ( \", Date &;, /r::; /62,
,,---,-.
Date:
For CITY OFPOWAY
Date: 6/S- lo~
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CALIFORNIA ALL,PURPOSE ACKNOWLEDGMENT
Cle
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1 State of California } ss 1
I 0~h D"~o ,
County of "
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On t?~~03 before me, C\q.:::~~n~~~:"~o:~~~~1Ju,b'" 1
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personally appeared Ce?\tt,eAri 1-\ .e- C~r "L1iV\ tx::> V\-e.--
Name\s) of Signer Is)
~ersonally known to me "
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1 ~proved to me on the basis of satisfactory 1
I evidence C-II., Dt-; v.er.:; LI L .
to be the person(~ whose name(~ is/ate-
subscribed to the within instrument and
~ @ CISSY MORRIS ~ acknowledged to me that ,""","he/lb:ey executed
the same in A;s1her/JimU authorized ,
- Comm, '.I249B17 capacity(~), and that by ~her/tlm!l: 1
(/) HOTARVPUBlIC.CAlIfOAH'A ~ signature(!!l-on the instrument the person(!;i or
1 SfnOiegoCOlIIIty the entity upon behalf of which the personts)
MyComm.Exr'M J811:14,2004 T acted, executed the instrument.
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WITNESS my hand and official seal. ,
c::-J ~ V\t1lf>>- C-- i
Sign re 01 Notary Public 1
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I, OPTIONAL 1
Thoug,f? the information below is not required by law, it may prove valuable to persons relying on the document and could prevent 1
fraudulent removal and reattachment of this form to another document. "
, Description of Attached Document ,
, ~v~e.<;tr~~o\+~~ "
, Title or Type of Document: ,
Document Date: (Q 15-( 03 Number of Pages: -3 "
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Signer(s) Other Than Named Above: 1)/ '\ ,I
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Capacity(ies) Claimed by Signer "
, "
I' Signer's Name: 1
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o Individual Top of lhumb here ,
o Corporate Officer - Title(s): ,I
o Partner - 0 Limited 0 General
o Attorney-in-Fact
" o Trustee
1 o Guardian or Conservator ,I
1 o Other' 1
,
Signer Is Representing: ,
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@1999 National NOlaI'{ Association' 9350 De Soto Ave.. p.o. Box 2402 . Chatsworlh, CA 9131 3 2402' www,nalionalnotary,org Prod No. 5907 Reorder. Call Toll-Free 1 8008766827