Private Streets Maintenance Agreement 1999-0592016
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3181
DOC. 1999-0592016
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RECORDING REQUESTED BY'
CITY OFPOWAY
AND WHEN RECORDED MAIL TO:
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CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY,CA 92074
AUG 27. 1999 8:55
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY" RECORDER
ills: 25.00
AM
NO.transfer lax due
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(Th"s S .. '.. ..- -,_.. ,_,1999..0592016
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PRIVATE STREET
MAINTENANCE AGREEMENT
THIS PRIVATE STREETMAjN.TENAf\jCE AGREEMENT ("Agreemenf') dated for reference
purposes as of the 6th day of May, 1999,is entered into between The Cannar Comoany.lnc.
(hereinafter referred to as "DEVEL6PER~'), and the CITY OFPOWAY, a municipal corporation
(hereinafter referred to as "CITY"), for the benefit of future lot owners who will use'the PRIVATE
STREET (hereinafterreferred to. as "LOT OWNERS," which shall include the DEVELOPERto the
extent the DEVELOPER retains any ownership interest in any lotor lots within the PROPERTY).
WHEREAS, this Agreement is required as a condition of approval by the CITY of a Minor
Development Review Application.
WHEREAS, DEVELOPER wishes to provide for the. maintenance and repair of those
certain PRIVATE STREET described and shown on Exhibit A attached. hereto and made a part
hereof (hereinafter referred to as the ("PRIVATE STREET"); commonly known as Janeen Place.
WHEREAS, DEVELOPER is the owner of certain real property developed as PM #10709
that will use and enjoy the benefit of such PRIVATE STREET A complete legal description of said
real property is included in ExhibitBattached hereto and made a part hereof. Said real property is
hereinafter referred to as the '!PROPERTY;"
WHEREAS, it is themutual.desire of the parties hereto thatlhePRIVATE STREET be
maintained in:asafe and usable condition;
WHEREAS, it is the mutual desire of the parties hereto to establish a method for the
maintenance and:repair of the PRIVATE STREET and for the apportionment of the expense of
such maintenance and repair;
WHEREAS, it is the mutual intention of theparties,thatlhis Agreement constitute a
convenant running with the land, binding upon each successive LOT OWNER of all or any portion
of the PROPERTY
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NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS.
The property benefited by this Agreement is the PROPERTY The present and
successive LOT 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 STREET shall.be divided equally among
the subdivided parcels created in the property and paid by each LOT OWNER or
his or her heirs, assigns and successors in interest.
3. The repairs and maintenance to beperformed'under this Agreement shall be
limited to the following, unless the consent for. additional work is agreed to by a
majority vote of the LOT OWNERS owning 100% Qf the number of parcels.
Reasonable and normal road improvement ma[ntenance.work to adequately
maintain the 'PRIVATE STREET and any egress to and from the lots within the
PROPERTY Repairs and maintenance under this agreement shall include, but
are hot limited.to, filling of chuckholes, repairing cracks, repairing and resurfacing
roadbeds,.repairing and maintaining drainage structures, removing debris,
maintaining signs, markers, striping and. such other work as is reasonably
necessary orproperto repair and preserve the PRIVATE STREET for normal
access, ingress and egress purposes.
4 If there is a covenant, agreement or other obligation imposed as a condition of
project approval,tb make private road improvements io the private road easement,
the obligation to repair and maintain the privatiHoad easement as herein set forth
shall commence when the private road improvements have been completed and
approved by the ~ ITY
5. The cost of any extraordinaryJepair required to correct damage to the PRIVATE
STREET shall be the responsibility of the party causing the need for such
extraordinary repair The repair shall be such as to restore the PRIVATE STREET
to the condition existing prior to said damage.
6. Should any lot owner fail to pay the pro rata share of costs and expenses as
provided in this Agreement, then the agent or. any lot owner or owners shall be
entitled withoutfurther notice to institute legaJ action.for the collection of funds
advanced on behalf of such owner in accordance with the provisions of the
California Civil Code SectionB45, and shall be entitled to recover in such action ;n
addition.tothe funds advanced, interest thereon atthe current prime rate of
interest, until paid, all costs and disbursements. of such action, including such sum
or sums. as the Court may fix as and for a reasonable attorney's fees.
7 Any liability of the LOT OWNERSfp! personal injury to the agent hereunder, or to
any worker employed t6 niake repairs or provide maintenance under this
Agreement, or to.third persons, as well as any liability of the lot owners for
damage to the property ofageni, or any such worker, or of any third parties, as a
result of or arising out of repairs and maintenance under this agreement shall be
borne, as between.the LOT OWNERS in the same percentages as they bear the
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costs and expenses of suchrepairs~nd~m_aintenance. Each iot owner shall be
responsible for and maintain his@~roWnil1slirance. By this agreement, the
parties do not intend to provide fpf the sharing of liability with respect to personal
injury or property damage other than that attributable to the repairs and
maintenance undertaken under this agreement. Each of the lOTOWNERS
agrees to indemnify the others from any and all liability for injury to him/her or
damage to hislher property when such injury ordamageresults from, arises out
of,.or is attribulableto any maintenance or repairs undertaken pursuant to this
Agreement.
8. LOT OWNERS shalljointly and severally defend and indemnify and hold harmless
CITY, CITY's e:ngineer 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 LOT OWNER, any user of the
PRIVATE STREET, or to any other third parties,arising .out of or in any wafrelated
to the use. repair or, maintenance of the PRIVATE STREET. Nothing in this
Agreement;,thespecifications, or other contract documents or CITY's approval of
the plans~ndspeQifications for or inspection o( the work regarding, thePRIVA TE
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,ang each oflheir officials, directors, officers, employees and agents,
shall have absolutely no responsibility or liability therefor
9. If in the CITY's sole judgment the PRIVA TESTREET are not being maintained
to standards set forth in paragraph A of this Agreement, the CITY may thereupon
provide written notice to all the LOT OWNERS to initiate repairs or construction
within ninety (90) days, Upon failure to demonstrate good faith to makerepairs
or construction'within ninety (90) days of receipt of such notice the lOT OWNERS
agree that the CITY may make all needed repairs to the PRIVATE STREET to
meet thestandcirds set, forth in paragraph 4 and to then assess the costs to all
lOT OWNERS equally The LOT OWNERSshallreimburse the CITY for all
reasonable costs incurred by the CITY in connection with such maintenance
activities.lf,thelOT OWNERS do not reimburse the CITY within thirty (30) days
after City's demand, then CITYmay pursue all of its remedies at law or in equity
10. lithe CITY elects:to make necessary repairs in accordance with paragraph 9
above, said workshallbe withoutwarranty Said repair shall be accepted "as is"
by the LOT OWNERS withoutany warranty of workmanship.
11 The foregoing covenants shall run with the land and shall be deemed to be for the
benefit of the land of each of the LOlOWNERS and each and every person who
shall atany time own all or.any'portionofthe PROPERTY referred to herein,
12. It is understood and agreed that the covenants herein contained shall be binding
on the heirs, executors, administrators, successors and assigns of each of the
LOT OWNERS.
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13. It is the purpose of the signatory, hereto that this instrument be recorded to the end
and intenUhatthe obligations hereby created.shall'be,and constitute a covenant
running with the land and anysubseCjuemlpurchaser of all'or any portion of the
PROPERTY,byacceptance of delivery of a deedand/or conveyance, regardless
of form, shatl.be deemed to have consented to and become bound by this
AGREEMENT
14. The terms'ofthis Agreement may be amended. in writing upon majority approval
of the LOT OWNERS and consent of the CITY
15. This agreement shall be governed by the laws of the State of California. In the
event that any,ofthe provisions of this Agreerilemlare held to be unenforceable or
invalid byahy courtof9ompetent 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
The Cannar Company, Inc. a California Corporation
BY~'r-'
"" ~iP A. Cannariato
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ACCEPTED'
Date:
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CITY OF POWAY
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Date:
7-Z-f6-?9
Date: 7-26-7'7'
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ATTACHED TO THE PRIVATEi,STREET tlAINTENANCE AGREEMn!T
.CALI'FORNIAAlL.PURP~ ACKNOWLEDGMENT .3185
State of
CALIFORNIA
Cou nty of
SAN DIEGO
Date
before me, SHAM.i\RA VELASCO
Name and Tille 01 Officer le.g., Jane Doe. Notary Public")
On
8/3/99
personally appeared
PHILIP A. CANNARIATO
Name(s) ofSigner(s)
o personally known to me
tJ proved to me on the basis of satisfactory evidence
)A~--~~^_~_~_Af
... "~'" SHAMARA VELASCOs:
() . " COMM. # 1190534
CI -0 . NOTARY PUBLlC,CALlFORNIA Gl
:2 . SAN OIEGO COUNTY 0
I "IFofl' COMM. EXP JULY 31, 2002t
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to be the person(s) whose name(s~re subscribed to the
within instrument and acknowledged to me thqi'fieyshe/they
executed the same ir@Zherltheir authorized 2trp'acity(ies),
and that b~er/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
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Signature of Notary Public
OPTIONAL
Though the information below is not required-by taw, it may prove valuable ,to persons refying on the document and CQuld prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Signer's Name:
o Individual
o Corporate Officer
Title(s):
o Partner- 0 Limited 0 General
,
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other'
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Top of thumb here
o Individual
o Corporate Officer
Title(s):
o Partner - 0 Limited 0 General
o Attorney~in-Fact
o Trustee
o Guardian or Conservator
o Other'
.
Top uf thumb hfiJre
Signer Is Representing:
Signer Is Representing:
@1996 National Notary Association. 8236 Remme! Ave., P.O. BOK 7184. Canoga Park, CA 91309-7184
Prod. No. 5907
Reorder; Call TolI.Fme 1-800-876-6827
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Exhibit "A"
Janeen Road as depicted on Parcel Map No. 10709, in the City of Po way, County of SanDie go,
State ofCaJifomia, filed in the office of the County Recorder of San Diego, November 20,1980
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Exhibit "B"
Parcels 1, 2, 3 and 4 of Parcel Map No. 10709, in the eity of Poway, County of SanDiego,
State of California, filed in the office of the County RecordeT of San Diego, November 20, 1980