Private Road Maintenance Agreement 2003-1369569
")" i DOC' 2003-1369569
, 1154'8'
RECORDING REQUESTED BY ) NOV 13, 2003 12:51 PM
. ~1?!t/?-qA Yi-/1L-b ) ,,,.: OFFICIAL REmRDS
) IWl mlJ'lDINTY REWlIl8l'S OFFICE
AND WHEN'RECORDEDMAILTO') IiRElDlV J. llilIlH. moov RECORDER
CITY CLERK ) FEES: 16.00
CITY (iF POWAY ) -
POBOX 789 ) ~111I1111111\1I1\\II\IIIIIIIIIIIIIIIIIII\III\\\IIIIIIII\III\\\111\\1111 \
POWAY CA 92074 )
~ r~ :' " 2003-1369569
) .....:~---_.--- ~ --. .-.
No transfer tax due ) (This space for Recorder's Use)
Tax Parcel No. 278-240-15
11'58'7S-J PRIVATE RoAD MAINTENANCE AGREEMENT
THIS PRIVATE STREET MAINTENANCE AGREEMENT ("Agreement") dated for
reference purposes as of the 6th day of Nove~b.er, 2003, is entered into between Luxury
Developers Inc. a California Corporation hereinafter .referred to as "OWNERS", and the
CITY OF POWAY, a municipal corporation, herei)lafterreferred 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 a single family residence at 15435 Eastvale Road
WHEREAS, OWNERS wishes to provide for the maintenance and repair of the portion of
the PRIVATE ROAD fronting their property at said address, said PRIVATE ROAD known
as Eastvale Road, the portion of Eastvale Road to be maintained is from the west property
line to the driveway entrance to the real estate property developed, known as 15435
Eastvale and described asfbllows:
Parcel 1 of Parcel Map 19055 in the City of Poway, County of San Diego, State of
California, according to MapJiled in the office of the County Recorder of San Diego
County California, September 9, 2002
WHEREAS, it is the mutual desire of the parties hereto that the PRIVATE ROAD be
maintained and repaired in a safe and usable condition,
WHEREAS, it is the mutual intention of the parties that this Agreement constitute a
covenarit running with theProperty, bindipg 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
~uccessive owners of all or any portion of the Property are expressly bound hereby
for the benefit of the Property
2. The cost of maintaining,thePRIV A TE ROAD shall be born.e by the OWNERS or there
heirs, assigns, and successors in interest. Notwithstanding, the foregoing, OWNERS
may seek contributions or recompense from and by all other owners, heirs, assigns
arid successors in interest' who may be obligated under similar Private Road
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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 OWNERS shall be limited to the following: rea50nable and normal road
improvement maintenancework'to adequately maintain the PRIVATE ROAD
and any related drainage facilities to permit normal access, ingress and egress to and
from the Property Repairs.and maintenance under this Agreementshall 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 ROAD for
normal access, ingress and egress purposes.
4 The obligation of the OWNERS as outlined herein shall commence with the issuance
of a building permit by the CITY to construct a single-family dwelling at 15435
Eastvale Road.
5. In the event the OWNERS retain a contractor to perform any maintenance and
obligation with respect to the PRIVATE ROAD, the OWNERS 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. OWNERS 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 ROAD, or to any other third parties arisingoutof or in
anyway related to the use, repair or maintenance ofthePRIVATE ROAD 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
ROAD 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 ROAD are not being maintained to
standards set forth in paragraph 3 of this Agreement, the CITY may thereupon
provicje written notice to the OWNERS 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 receipFof such notice the OWNERS agree that the CITY
may make all needed repairs to the PRIVATE ROAD T to meet the standards set
forth in paragraph 3 and to then assess the costs thereof to the OWNERS The
OWNERS shail reimburse,the CITY for all reasonable costs incurred by the CITY in
connection with such maintenance activities, If the OWNERS do 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
OWNERS and the without any warranty of workmanship.
. 11550 .
. .
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 OWNERS
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'consl:!nted 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 ~p~P'{7. L 0 I I
For OWNERS Date 1(( blcY
en ern IS , resl en , uxury. eve opers, nc
For CITY OF POW A Y
11-6.0 Date.
J
11551
CA~IFORNIA.AL~.PURPOI:~ACKNOWLEDGMEN'T .
State of QA LI FQ ruV/ A
SBN DIE 6-0 ,
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County of
On 11- 0 10- 03 before me; 6:-: N/9'i'C../N NOTAR...~ FV3uC:.-
Dale Name and Title of Diller (e.g., "Jane Doe, Notary ublic") ,
personally appeared I<EN Ct+ f'OR-N 1 ~ 1-/
'Na:ine(s) ofSigner(s}
;&personally known to me
o proved to' meon the basis of satisfactory evidence
to~\>e,the person(s)'whose nametsj.is/afesubscribed'to the
within instrument and acknowledged to me that he/she/they--
@& executed the:same in his/herf:!l'teff' authorized capacityfiesj,
, ,eo.r.-.~. 1411698 ~ and'that byihis/h(lr:J.tReir'signature(~on the instrument t~e
, ~ PublIe - CaSf!lmla _ person(-&), or the entity uporl,behalfof which the perso$)
San DIego County acted, executed the instrument.
~Comin;__1tp 17.2007
WiTNESS my hand and official seal.
~~ I
OPTIONAL
Though the information below is;not rf?quired by/aw,.it,mayprove'valuable to persons relying-on the document and could prevent
fraudulei1(r'emovaCand reattachm~nt of this form to anptherdocument.
Description of Attached Document
Title or Type of Document PJQ.!VAtE ROAD NAtNTt=/Y.ANCE: I/- kE 01 E!V'/
Document Date: ( (-o<Q~3 Number of Pages: 3
Signer(s) Other Than Named Above: I
Capacity(ies) Claimed by Signer(s)
Signer's Name: '({ iJ c.M62-,v \'::if Signer's Name:
o Individual o Individual
Lllr' CorporaieOfficer o Corporate Officer
Title(s): ?\1P7irf"JJT Title(s):
o Partner - 0, Limited 0 General o Partner - 0 Limited 0 General
o Attorney-in-Fact o Attorney-in"Fact
o Trustee o Trustee
o Guardian or Conservator . o Guardian or Conservator .
o Other' Top of thumb"here o Other' Top of. thumb here
I
Signer Is Representing: Signer Is Representing:
01996 National Notary AssociatiOn. 8236 Remmel Ave., P.O. Box 7164' Canoga Park, CA. 91309-7184 Prod. No. 5907 Reorder. Call Toll-Free.1-800..B76-6827