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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 D3. J~$ ~ /9J.:/-I'<r(MIJ&fI. 02~'8tt). r " . ~15~9 . 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 , " - 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