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Private Streets Maintenance Agreement 1998-0207896 ::\",;:-'::;'\,ECORDING REQUESTEP 8'- ) ) ) ) AND WHEN REtORDED MAIL TO: ) ) ) ) ) ) ) ) DOC4I 1998-0207896 CITY oFpowJl,Y APR 14. 1998 8:12 84 2. OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 25.00 AM ~~ ie CITYCl!ERK CITY OF POWA V P" O. 'BOX 789 POWAY,CA 92074 No transfer tax due (This soace I PRIVATE STREETS MJUNTENANCEAGREEMENT THIS PRIVATE STREETS MA'INTENANCE AGREEMENT ("Agreemept") dated for reference purposes as of the L...3 , day cif MR R.CH , 19.QfJ , is entered into between lDK I L. L.DTR - , (hereinafter referred to as "DEVELOPER"), -= SU 0 ~~\ R.OAR ASSOC.I AT ION . , ' " erei na tel' referred to as "ASSOCIATION") , and the CITV OF POWAV, a municipal corporation (hereinafter referred to as "CnV"),for the benefit of future subdivision lot owners who will use the PRIVATE STREETS (hereinafter referred to ,as "LOT OWNERS," which shall include the DEVEtOPERto the extent the DEVELOPER retains any ownership interest in any lot or lots within the PROPERTY). . WHEREAs, thi s Agreement is requi red as a co'nd i Hon of approval by the CITV of'a subdivision project as defined in Section 21065 of the Public Resources Code; , WHEREAS, DEVELOPER wishes to provide for the lI)aintenance and repair of those certain PRIVATE' SJREET~ described and shown on Exhibit A attached hereto and made a part hereof (hereinafter referred to as the ("PRIVATE STREETS"); WHEREAS, DEV.ELOPERis th'e owner of cer.tain real property being subdivided and developed as TPM (11-03 that will use and enjciy the benefit of such PRIVATE STREETS. ,A complete, le'gal description of said real property is included in Exhibit B attached hereto and l!1ade a part hereof. ,Said real properly is herei nafter referred to as the 'PROPERTY ;." WHEREAS~ it is the mutual desire of the parties hereto that the PRIVATE STREETS be maintained in a safe and usable condition; WHEREAS, it is the mutual des i re of the partj es hereto to estab 1 i sh a method ,for the mai ntenanc'e and repa i rof ~he PRIVATE STREETS and for the apportionment 'of 'the expense of such maintenance and repair; WHEREAS, DEVELOPER has created or will cre~te the ASSOCIATION, towh i ch the LOT OWN.ERS ~ill belong, for the purp~ses of'maintaining, repairing, and rep 1 acil)g the cOnunonareas with i n the PROPERTY, i nc lud ing,without ,1 i mitat ion, the PRIVATE STREE>TS. As each phase of the PROPERTy fsannexed' to the Jurisdiction of the ASSOCIATION pursuant to the Declaration of Covenants, Conditions and Restrictions for SUDAN ROAD ~D ,I) ---- '"~.. ; t, . , , . . . 843 ("Declarati.on") rE!cof!red or to be recorded aga instth"'RROPERTY by DEVELOPER, the ASSOCI}\T:ION shall aS,sume all maintenance obl igationsregarding the PRIVATE STRE.ETS w,Uhi n, each annexed phase of the PROPERTY;' and, . ...- . WHEREAS, it is the mutual intent i on of the part i es that thi s Agreement consti f~te' ,ii, co.ven~!lt running wah the 1 anq, bin.dfng up!>n each success iv!! .LOT OWNER of all 'or any,portTonof the PROPERTY: NOW, THEREFORE" IT IS'HEREBY AGREED AS FOLLOWS: 1. The property benefitted by th is Agreement is the PROPERTY. The present' and ,suc'cess.i ve LOT OWNERS of all or anY portion of the PROPERTY are ex'pressly bound, hereby for the, benefit of the PROPERTY, , 2. The cost of ma'intaining the PRIVAJE STgEETS shall be divided equally among the ,subMvidea parcel s created in the PROPERTY and paid bY' each LOT OWNER or hi's or her heirs, assigns and. successors in interest, Such costs and expenses shall be collected by the ASSOCIATION asasses,sments in accordah'ce w,fth the Decl aration, J 3. The repairs and" ma.i ntenance ~o be p~rformed under thi s Agreement by or on behalf of ttie ASSOCIATION sha:l'l be. 'limited to the following, un 1 ess the consent for addi t i ona 1 work'i s given by the Board of Dlrectors of the ASSOCIATION: r~sonable and normal road improvement mai ntenancework toadequatel y ma inta.in the PRIVATE STREETS and any re 1 ated drainage facil it i es to pe,rmit 'no,rma 1 :access, ingress and egress to and from the lots within the PROPERTY. Repairs and maintenance under th'is Agreement shall ,include, but are n'ot 1 imited to, fi 11 i ngof chuckholes, repairi ng cracks, repa i.ri ng and resurfacing of roadbeds, repairing and maintaining drainage structures, removing debris, maiptainiilg sign's, markers,. striping and 1ighting, if any, and such other worK as is reasonably necessary or proper to repair and preserve the PRIVATE STREETS for normal access, ingress and egress purposes. 4. The obligation of theASSOCIATION to repair and maintain the PRIVATE STREETS w.ithin each phase of development .of the pROPERTY as herei n set forth sha 11 commen'ce upon the'occur,rence, of both of the foll owi ng events: (a) when the PRIVATE'STREET improvements have been completed 'and approved by the CITY. and (b) such, phase of the PROPERTY has5een annexed to the' jur'i sdlct ion of the ASSOCIATION pursuant to tlie Qeclarat ion. DEVELOP(R (and/or any SUCCllssor developer to which any portion of the PROPERTY is conveyed prior to anhexat'i on pursuant to the 'Decl aratlCl,n) shall ma,intai n 'th'e PRIVATE STREETS prior to the' occurrence of the events described in items (a) and (b) preceding. 5. Th~ cost of any extraordinary repair required to correct damage to the PRIVATE STREETS shall be thi! r'esponsibil ity of the party causing the need fir such extraord'ina.ry r,epair. If any such extraordinary repair is caused by, a LOT OWNER, the ,ASSOCIATIONsncill assess and collect 'a Reimbursement Assessment aga3nst such LOT 'OWNER pursuant 1:,0 the Declaration in the amount of the costs of such extraordinary repai.r. The ASSOCIATION shall promptly commence and effect such extraordinar,y repair. . The repair shall be such as to restore the PRIVATE STREET to the condition existing pr.igr to said damage. ,", ...... . 844 6. Shoul d ahY~T OWNER fail to pay fhe 'pro rl share of costs and e.xpenses :as provided in this' Agreement and the Declaration, then the ASSOCIAT,ION sha 11 thereafter have all rights wHh regard to cdflectioll' of d,E{lfnquent assessments as ar:e provided in the Oecl aratfon. The ASSOCIATioN shall at a 11 times :ma j nta in liabil i ty insurance coyering'its activitiEls with rega'rd to use and maintenance of the PRIVATE ,STREETS. In the event the ASSOCIATION retains a contractor to perform any of its ma.intenance oblIgat'ionwith regard to the PRIVATE STREETS, the ASSOCIATION shall require' such contractor 1 i kewi se to mafrita in 1 i abi li ty insurance to cover any 1 i abi 1 i ty arising as 'a 'result of its activities wHh regard to such ma i ntenance acti viti e's. 7. 8, LOT OWNERS and the ASSOCIATION shall jointly and severally defend and indemnHy and. hO,ld harmless CITY, GITY'.'s engfneer and their consultants and each of their officials, directors, officers, agents and employees from and against allliabiJity, claims, damages, losses ,expenses , personal injury and other costs ,i nel udi ng costs of defense and attorney's fees, incurred by qr payable to any other LOT OWNER, any user oJ the PRIVATE STREETS, or to any other third parties arising :out .of or in anyway related to the use, repair or ina i ntenaQce of the PRIV,ATE STRE,ETS. Nothingi n th.is Agreement, the specifications, or other' contract documents or CITY's approval of the plans and specifications for or inspection of the work re'garding, the PRIVAJE STREETS is intended to include'a review, inspection, or acknQwledgment of a responsibil ity for any such matter, an'dCITY" CITY's engineer, and their consultants, and each of their officials, directors, officers, employees and agents, shall have absolutelY no responsibility or liability therefor. If in the CITY's sole judgment the PRIVATE STREETS are not, being ma i nta i.ned to .standards set forth i ri paragraph 4 of thi s Agreement, the CITY may thereupon provide written notice to the Board of Djrectors of the ASSOCIATION to inHiaterepairs .or construction within nine.ty (.90) days. Upon failure to demonstrate good faith to make repairs or co.nstruction within n ninety (90) 9ays of receipt of such notice the~ lOT OWNERS and the ASSOCIATION agree that the CITY may make all needed repairs to the PRIVATE STREETS to meet the standards set forth in paragraph 4 an,d to then assess the costs thereoJ to tne ASSOCIATION. The ASSOCIATION ,shall ,reimburse the GITY for all reasonable costs incurred by the CITY in connection with such maintenance activities. If the ASSOtIATION does not so reimburse the CIT{within thirty (30)days after CITY's demand, then CITY may pursue all of its remedies.at law .or in equity. If the CITY elects to make necessary repairs in accordance with paragraph 9 abQve" said work shall 'be without warranty..Said repair shall be accepted "as is. by the LOT OWNERS and the ASSOCIATION wi thout any war.r:anty of workmanshi p. The foregoi ng covenants shall .rlln with the 1 and and sha 11 be deemed to be for the benefit of the land of each of the LOT OWNERS and each. a.ndeVeTY person who shall at any time own all or any portion of the PROPERTY referred to herein. , 9. 1'0, n. ._'. '. i-. . -. .. - - . . 12. Iti s understood and agreed that the covenants herei n contained 8 4 ~ shall De binding on the heirs, execu~ors, administrators, successors ~ and ass,jgns. of each of the LOT OWNERS aiidthe ASSOCIATION. 13. It is the. purpose .of the signatory heretothat .this instrument be . recorded to"'the end and intent that theolloligat.ions hereby created sh,a 11 be and const i tute a covenant runn fng wi th. the land an,d any subsequent ,purchaser of all or any porti on of the PROPERTY, by acceptance .of del i very of a deed and/or ~onveyance, regardless of form, shall be deemed to have consented to and become pound by this AGREEMENT. 14. The terms of this Agreement may be amended in writing upon ,approval of the Boara of Di,rectors of the ASSOCIATION and con'sent of the CITY. . 15, Tlii s Agreement shall be. governed by the laws of the State of California,. In the eventcthat any of the provisions of th.is Agreement are held. to be unenforceable or invalid by.any court of competent j ur,isdiCtion ,. the val idi ty andenforceabil ity of the remaining provisions shall not be affected thereby, IN WITNESS WHEREOF, the parties have executed, this Agreement on the dates set forth herei nafter. " By: ~~~~ Date: ~g. :2& ,q~ Its: ACCEPTED: CITY OF POWAY By: ?-YJFWl--S. ~ Date: 3/z.7)M Approved as to form: BY:~~1,(/2~ Date: ,.-Y'lY . . CALlFORNIAALL.PURPOSE ACKNOWLEDGMENT State of (I- #. /, } County of, j.J-~ A , ~'A _ . .' , onl?1aW ~~fore me,~"?hcit! "')jA, ~Ru/~ , , , DATE ~E.1)TLEOF~!'E.G~',;JANEDo~6TARY'PUBLJC'" personally appeared ;;:J cv-L;(, ~ . NAME(S) OF SIGNER(S) o personally known to me - OR " M proved to me. on the basis of satisfactory eyidence , rr .to be the perso~ whose nam~@are subscribed to the within instrument ahdac, knowledged to me that h~ey executed . , the same In hl9'lile'i7ihelr authorized capa.city~, aridtnat by his~heir signatur~on the instrument the persc:mW, or. the l1:ntity upon beb<ilfof which the person~.acted. executed the:instrumeht. ... ~ ~ ... ... ... ... .....f ta" '-".-" Vl\MNMAcZlS :<. .~ , .(X)MM:1IQ.W231. I z. ,,... 'NclIaIY P\dC - CcdfCIrria ~ z '-. llAH DIEGO COUNri L _ _ .~~~_~21~1~ J THIS CERTIFICATE MUST BE ATT ACHED TO THE DOCUMENT DESCRIBED AT RIGHT: WITNESS my hand andofficiai"seal. ,/ . ~ . ~ = . SIGNATURE FNO~~ OPTIONAL SECTION TITLE qRTYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT 1}1ough ,the, c;iata r~Quesled h,ere Is nol requIred by law, It could preven' fiauduientreeiiacliiilenl o!thls form.' SIGNER(SrOTHER THAN NAMED ABOVE \ I \ ... --.,.-"........'. 846 No 519i - OP,TIONAL SECTION - CAPACITY CLAIMED BY SIGNER Though statute ~ not requIre tho_ Notary to flllln',tho-data below, doing so may prove InvaJuSbIa to persons relying on the dOcument. o INDIVIDUAL . o CORPORATE OFFICER(S) TITLE(S) o PARTNER(S) 0 LIMITED o GENERAL o ATTORNEY.iN-FACT o TRUSTEE(S) D. GUARDIAN/CONSERVATOR o OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) ~1992 NATIONAL NOTARY ASSOCIATION. 8236 Remmet Ave.. P.O. Box 7164. Canoga Park. CA 91309.7184 , ,,'. ) o "Z III Qr I o I <! "Z <( ~ if} '2 .J ;r '< ~ (f\ (Ylc..,hTi MIl.j>) EXHIBIT A <t po WA 'i ~OAD PARcEL 1 TPM 91-03 ~D, PARCEL 2. iPM 91-03 NOT To SCALE. 8'4'1 1 N <it o .cr:. vr71 Portion of Sudan Road ~ to be maintained under this agreement(from Poway Road to southerl boundary of Parcel Map (PRIVATE ROAD) <<, '; '".... J. w ., , , " . . 848 EXHIBIT B LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE ,STATE OF CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS: , ALL THAT PORTION, OF LOT 3 ( NORTHWEST QUARTER OF THE SOUTHWEST QUARTER ), SECTION 18, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO OFFICIAL PLAT THEREOF, APPROVED FEBRUARY 24, 1876, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT.3, SAID POINT BEING ON THE CENTER LINE OF POW A Y ROAD AS SHOWN ON ROAD SURVEY NO, 944 AND RECORD OF SURVEY MAP NO. 1544, SAID MAPS BEING FILED IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY, THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID LOT 3, A DISTANCE OF 30.00 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF' POW A Y ROAD THE TRUE POINT OF BEGINNING; THENCE NORTH 89" 15'30" WEST ALONG SAID SOUTHERLY LINE OF POWAY ROAD, A DISTANCE OF 115,08 FEET, THENCE SOUTH 01024' OO"EAST, 400.00 , FEET TO A POINT IN THE SOUTHERLY LINE OF THE LAND DESCRIBED IN DEED TO JOHN H. RENS, ET UX, RECORDED MARCH 8, 1948 IN BOOK 2703, PAGE 373 OF OFFICIAL RECORDS; THENCE SOUTH. 890 15' 30" EAST ALONG SAID SOUTHERLY LINE' 115.08 FEET TO AN 'INTERSECTION WITH A POINT ON THE EASTERLY LINE OF SAID LOT 3 DISTANCE SOUTH 010 24' 00" EAST, 400.00 FEET FROM THE AFOREMENT10NED INTERSECTION OF SAID EASTERLY LINE WITH SAID SOUTHERLY LINE OF POW A Y ROAD; THENCE NORTH OJ 0 24' 00" WEST ALONG SAID EASTERLY LINE, 400.00 FEET TO THE TRUE POINT OF BEGINNING, EXCEPTING FROM THE ABOVE DESCRIBED PROPERTY THAT PORTION THEREOF INCLUDED WITHIN A TRIANGULAR STRIP OF LAND DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 3; ~HENCE SOUTH 010. 24' 00" EAST ALONG THE EAST LINE OF SAID LOT, 761.39 FEET TO THE NORTHEAST CORNER OF LAND CONVEYED TO R.L. GUEST; THENCE, NORTH 890 25'00" WEST ALONG THE NORTH LINE OF SAID LAND, 6,73 FEET; THENCE CONTINUING ALONG SAID NORTH LINE SOUTH 630 52' 40" WEST, 13,97FEET; THENCE NORTH 000 03' 00" EAST, 767,26 FEET TO THE PLACE OF BEGINNING.