Private Streets Maintenance Agreement 1998-0749165
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r, ., J -' RECORDING REQUESTED;r ) .
) NOV 18. 1998 8:08 AM
CITY OF POWAY )
) OFFICIAL RECORDS
AND WHEN RECORDED MAIL TO: ) SAN DIEGO COUNTY RECORDER'S OfFICE
) GREGORY J. SMITH. CllJNTY RECORDER
CITY CLERK) FEES: 22.00
CITY OF POWAY )
P.O, BOX 789 )
POWAY, CA 92074 )
)
No transfer tax due )
t~ PRIVATE STREETS
o MJUNTENANCEAGREEMENT
THIS PRIVATE STREETS MAl TENANCE AGREEMENT ("Agreement") dated for reference
purposes as of the' day of ~f4...l A.:> . 19~, is entered into
between , , ,
(h~eina ~e'i!~ erre to as "DEVELOPER"), =: .
I--:/Ss'Otl,VY 11<'.-) ( erelna ter re erre to as
"ASSOCIATION"), and the CITY OF POWAY, a municipal corporation (hereinafter
referred to as "CITY"), for the benefit of future subdivision lot owners who
will use the PRIVATE STREETS (hereinafter referred to as "LOT OWNERS," which
shall include the DEVELOPER to the extent the DEVELOPER retains any ownership
interest in any lot or lots 'within the PROPERTY).
WHEREAS, this Agreement is required as a condition of approval by the
CITY of a subdivision project as defined in Section 21065 of the Public
Resources Code;
WHEREAS, DEVELOPER wishes to provi de for the mai,ntenance and repa i r of
those certain PRIVATE 'STREETS described and shown on Exhibit A attached hereto
and made a part hereof (hereinafter referred to as the ("PRIVATE STREETS");
WHEREAS, DEVELOPER is the owner of certain real Ilroperty being subdiv,ided
and developed as 17050 U''-JA c.,~..t that will use and enjoy the benefit of
such PRIVATE STREETS. A complete legal description of said real property is
included in Exhibit B attached hereto and mad~ a part hereof, Said real
property is hereinafter referred to as the "PROPERTY;"
WfiEREAS, it is the mutual desire of the par:ties hereto that the PRIVATE
STREETS be maintained in a safe and usable condition;
, WHEREAS, it is the mutua I des ire of the parties hereto to estab Ii sh a
method for the maintenance and repa i r of the PRIVATE STREETS and for the
apportionment of the expense of such maintenance and repair;
WHEREAS; .DEVELOPER has created or will create the ASSOCIATION, to which
the LOT OWNERS will belong, .for the purposes of maintaining, repairing, and
replacing the common areas within the PROPERTY, including, without limitation,
the PRIVATE STREETS. As each phase of the PROPERTY is annexed to the
juri ~d~ct ion of the~SS~CIATION p~r;;u.ant to the Decl arati on of Covenants,
CondItIOns and RestrictIons for EJ'r't:>- t;.)'t,,-t~<;'(1(!t~.-I-I;~\
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, (.Dec:J.arilt,jO.n~)r!!corded or to be recorded against the PROPERTY by DEVELOPER,
the ASSOCTAlION:shall assume all maintenanceobl igatioris regarding the PRIVATE
STREETS within 'each annexed phase of- the PROPERTY; and
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WHEREAS ,i ti,s the mutual intent ion of the parties that th is Agreement
constitute a coVenant running with the iand, binding upon each successive LOT
OWNER of all or any portion of the PROPERTY.
NOW, THEREFORE, IT I S HEREBY AGREED AS FOLLOWS:
1. The property benefitted by this Agre~ment is the PROPERTY, The
present and successive LOT OWNERS of a11 or any portion of the
PROPERTY are expressly bound hereby for the benefit of the PROPERTY.
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2. The cost of maintaining the PRIVATE STREETS shall be divided equally
among the subdivtded parcel s created in the PROPERTY and paid by
each LOT OWNER or his or her heirs,ass:igns and, successors in
interest. Such costS arid expenS-es shall be conected by the
ASSOCIATION as assessments in accordance with the Declaration.
3. The, ,repairs and 'maintenance to be performed under this Agreement by
or on behalf of the ASSOCIATION shall be 1 imited to the.'foJlowing,
unless the consent for 'additional work i.s given by the Board of
Directors of the A~SOCIATION: reasonable and normal road improvement
maintenance work to~dequately mai.ntain the PRIVATE STREETS and any
re.lated dl"ainage facilities to permit normal access, ingress and
egress to and from the lots within 'the PROPERTY. Repai rs and
maintenance under tHiS Agreement shall include, but are not 1 imited
to, fill ing of chuckholes, repairing cracks, ,repairing and
resurfacing of ro~dbeds, repairing and maintaining drainage
structures', rem,oving debris, maintaining signs, markers, striping
and 1 ighting, if any, and such other w,orkas is reasonably necessary
or proper to repair and preserve the PRIVATE STREETS for normal
access, ingre'ss and egress purposes.
4. The obl igation of the ASSOCIATION to repair and maintain the PRIVATE
STREETS within each phase of development of the PROPERTY as herein
set forth shil llcOlnmence upon the occurrence of both of the
fo 11 owing e'{ents': (a) 'when thePRIVATE'STREET improvements have
been completed and approved by the CITY', and (0) such pha'se of the
PROPERTY has been annexed to the jurisdiction of the ASSOCIATION
purs,~ant to the, Dec;l aration. DEVELOPER (and/or any succe~sor
deve loper to whi ch any port ion of the pROPERTY is !=onyeyed p,ri or to
annexation pur:suarit to the Ded aration) ,shall mainta,in the PRIVATE
STREETS 'pri or to the oc'currence of the\events describedi ni tems (a)
and (ti) preceding,
5, The cost o,f ;anye,xtraordi nary rep~'i,r ,re,qu5rE!d to correct damage to
the PRIVATE5TREETS shall be the responsi'bil ity of the party caus i ng
the need fIDr such extraord i nar;y repa'i r'. H any such extraordinary
'repa'ir is caused by a LOT OWNER, the ASSOCIAlIONshall assess and
collect a Rei_mbursem~nt Assessment against such .LOT .OWNERpursuant
to the Deel arationin the: amount of the costs ofsu'ch extraordinary
repaiL, lheASSo'CIATIOthha'fl promptlY commence and effecf s,uch
extraordinary repair. The repair shall be such as to restore the
PRIVATE STREET to the condition existing prior to said damage.
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'~ Should any L TOWNER fa.il to pa~ the pro rat' share of costs and
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,e}spenses as provided in this Agreement and the Declaration, then the
ASSOyIA])ON 'shall thereafter have all rights with regard to
collecti,gn of delinquent assessments as are provided in the
Decl arafton.
7. The ASSoct'ATION shall at all tfmesmaintain liability insurance
covering its activities with regard to use 'and maintenance of the
PRIVATE STREETS, In the event the ASSOCIATION retains a contractor
to perform' any of its maintenance ob]igation with regard to the
PRIVATE STREETS, the ASSOCIATION shall requ,ire such contractor
1 i kewi se to ma inta in 1 iabi 1 i ty i nsuralice to, cover any 1 i abi 1 i ty
ari sing as a result of its act i vit ies with regard to such
maintenance activities.
8. LOT OWNERS and the ASSOCIATION shall jointly and severally defend
and indemnify and hold harmless CITY, CITY's engineer and their
consultants and ,each of the)r officials, directors, officer"s, agents
and employees from and aga i nst all 1 i abil ity; c 1 aims, damages, -
losses, expenses, persona 1 injury and ,other costs, inc 1 udi ng,costs
of defense and, attorney's fees, incurred 9Y or payable to any other
LOT OWNER,any user of the PRIVATE STREETS, or to any other third
parties arising out of or in any way 'related to the use, repair or
maintenance of the PRIVATE STREETS. NO,thing in this Agreement, the
specifications, or other contract documents or CITY's approval of
the plans and specifications for or inspection of the work
regardil'lg, the PRIVATE STREETS is intended to include a review,
inspect i 6n, or acknowl edgment of arE!spons i bi 1 ity for any such
matter, and CtTY, CITY's engineer, and their consultants~ and each
of their officials, directors, officers, employees and agents, shall
have absolutely no respons i bil ity or 1 i abi 1 i ty therefor.
9. If in the CITY's sole judgment the PRIVATE STREETS are not being
maintained to standards set forth in paragraph 4 of this Agreement,
the CITY may thereupon provide written noUce to the Board of
Di rectors of the ASSOC IATION to init iate repa irs or construct i on
within ni,nety (90) days. Upon failure to demonstrate good faith to
make repa,irs or construction within nninety (90) days 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 and' to then assess the costs
thereof to the ASSOCIATION. The ASSOCIATION shall reimburse the
CI'TYfor all reasonable costs incurred by the CITY in connection
with, such maintenancE! activities, If the ASSOCIATION does not so
re'fmburse the C ITYwi thil'l thi rty (30Jdays after CITY's demand, then
CITY 'may pursue alJ of its reme,dies 'at 1 aw or in equ ity.
10. If the CITY el eets to make nec!,!ssary-repai,rs i,n accordance with
paragraph 9 above, said work shan ,be without warranty, Said repair
:shall be accepted "as is" by the LOT OWNERS and, the ASSOCIATION
without any warranty of workmanship.
II. The foregoing covenants shall run with the land and shall be deemed
to be for the benefit of the land of eacH of the LOT OWNERS and each
and -every person who shall at any time own an or any portion of the
PROPERTY referred to herein,
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"._0' It i,s understood and agreed that the covenants herein contained
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shan be binding on the heirs, eJ(ecu~ors, administrators, successors
and assigns of each of the LOT OWNERS and the ASSOCIATION.
13. It is the purpose of the s i gnatorytiereto that th is 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 consented to and become bound by this
AGREEMENT.
14. The terms of this Agreement may be amended in writing upon approval
of the Board of Oirectors of the ASSOCIATION and consent of the
CITY,
15. This Agreement shall be governed by the laws of the State of
California. In the event that any'of the proVTsions 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,
By: ~,^Ojf~ Date: 1-3~tJt
Its: . ,
ACCEPTED:
C JJYOF POWA Y
, /D/1/r; t
By: :Date:
By ep2~ Date: C;-:z,' -~
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EXHIBIT "A"
AN EASEMENT FOR 'ROAD AND. PUBLIC; UTILITIES AND INCIDENTAL PURPqSES
OVER, UNDER. ALONG AND ACROSS THOSE PORTIONS OF PARCELS 1,2 AND 3
OF pARCEL MAP NO, 10823; AS SHOWN AND DELINEATED AS.PROPOSED 40
FOOT PRIVATE ROAD EASEMENT",
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EXHIBIT liB"
PARCEL 2 OF PARCEL MAP NO, 1 0823, FILEDJN THE OFFicE OF THE RECORDER
OFSANDIEGOCOUNTY, STATE OF CALIFORNIA ON DECEMBER 18,1980 AS FILE
NO, 80-426272,
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