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Private Streets Maintenance Agreement 1997-0301825 L:k . .' REC()R.DEp ]{~QL~~:.OF ' ..' First Amencall laic St)IHlIYISII);-.l "IAI'PI~C HEPT. City of poway 371 01'" 1997-0301825 26-JUH-1997. PM OFFICIAL RECORDS J.f '. &of lD SAN DIEGO COUNTY RECORDER'S OFFICE GREGORYSRlTH, COUNTY RECORDER RF: 13.00 FEES: 32.00 AF: 17.00 MF: 1. 00 CF: 1. 00 RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: City Clerk city of poway P.O. Box 789 Poway, CA'92074-0789 ~ \~~ Space abov.> for Recorder; s use PRIVATE STREETS MAINTENANCE AGREEMENT THIS PRIVATE STREETS MAINTENANCE AGREEMENT ("Agreement") dated for reference purposes as of the qct" day of I"'''''' ,1997, is entered into between. GREYSTONE HOMES, .INC., a Delaware corporation (hereinafter referred to as "DEVELOPER"), OLD COACH COLLECTION MAINTENANCE CORPORATION, a California non-profit mutual benefit corporation (hereinafter referred to as' "ASSOCIATION"), and the CITY OF POWAY, a municipal corporation (her~inafter referred to as "CITY"), for the benefit of future subdivision lot owners who will use the PRIVATE STREETS (hereinafter referre-d to as "LOT, OWNERS", which shall include the DEVELOPER to the extent the DEVELOPER retains any ownership interest in any lot or lots wi thin 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 provide for the maintenance and repair' of. :th'osecer,tain .PRI:VATESTREETS described and shown on EXhlbl.t A aHac,hed hereto 'and 'made 'a part here'of (he're'inaf,ter referred to as the "PRIVATE STREETS"f;, ., . ' . - .WHEREAS, DEVEL<?PER is the Qymerof cer,tairl J:'eCil property being subdivided arid developed as T.TM 89'"'13R th.atwill u;;e and enjoy the benefit of such PRIVATE STREETS:. ,A cOlJlpJ,ete legaldesc:ription of saig rea'l property is included In Exhib'it' B attached. hereto and made a P~Ft hereOf. Said real property is hereinafter referred to as the "PR.OPERTY"; WHEREAS, it is the mutual desire of the parties hereto that the PRIVATE STREETS be maintained in a safe and usable condition; F:\REAL\576\16369006\PWYUNIT2.AGT rev 06/04/97 //33176-1/ . . 372 WHEREAS, it is the mutual desire of the parties hereto to establish a method' for the ,maintenance a.nd repair of the PRIVATE STREETS and for the apportionment of the expense of such maintenance and repair; WHEREAS, DEVE~OPER has created or will create the ASSOCIATION, to which the LOT OWNERS will belong , for the purposes of main- taining, repairing and replacing the cOlD)l\on areas wi thin ,the PROPERTY, including, without limitation, the PRIVATE STREETS. As each phase of the PROPERTY is annexed to the jurisdiction of the ASSOCIATION pursuant to the Declaration of Covenants, Conditions and Restrictions for Old Coach Collection Maintenance Corporation ("Declaration") recorded or to be ,recorded against ,the PROPERTY by DEVE;LOPER, the ASSOC}ATIONShall assume all maintenance obligations rega:r:ding the PRIVATE STREETS within each annexed phase of the PROPER~Y:i and WHEREAS, it is the mutual intention of the parties that this Agreement constitute 'ci covenant running with the landi binding upon each successive LOT OWNER of all or any portion of the PROPERTY. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. The property PROPERTY. The present portion of the PROPERTY of the PROPERTY. benefitted by tpis Agreement is the and successive LOT OWNERS of all or any are expressly bound hereby for the benefit 2. The cost and expense of maintaining the PRIVATE STREETS 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. Such .costs and expenses shall be collected by the ASSOCIATION as assessments in accordance with the Declaration. 3. The repCiiFs and maintenance to be performed under this Agreement by or on behalf of the ASSOCIATION shall be limited to tne fOlIowfng, uni'e;;s the consent'for addictional work is given by the Board of Directors of the ASSOCIATION: reasonable and normal roadimpro~ement maintena.npe work to adequa.tely maintain the PRIVATE STREETS and any related d:r:ainage,factl.:i1ties to permit normal acce'ss" ingress ,and egress to and from the iotswithin the PROPERTY.. . Repairscihd mai'ritenan<;:e 'undert;his,AgFe~me,I'ltsl!<'lil include, but arencit riIllited, ,t6,filling of chuckholes,; repai:r:ing cracks, repair:ing' and 'restiYfaC'ing of . roadbeds, repairing :Cind maintaining drainage structures, r'efuciv,ing debris, maintaining signs, marker~:, st:r:iRiTlg and lighting, "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 the ASSOCIATION to repair and maintain the PRIVATE STREETS within each phase of development of the PROPERTY as herein set forth shall commence upon' the occurrence of both of the following events: (a) when the PRIVATE STREET 3 f:\REAL\S76\16369006\PWYUNITZ.AGT rev 06/04/97 . .. 373 improvements have. been completed and approved by the CITY, and (b) such phase of the PROPERTY has been. annexed to. the jurisdiction of the ASSOCIA'],'ION pursuant to the Declaration. DEVELOPER (and/or any successor 9~:veloper to which any 'portion of the PROPERTY is conveyed prior to allnexat,ion pursuant to the Declaration) shall maintain the PRIVATE STREETS prior to the occurrence of the events described in items (a) and (b) preceding. 5. The cost of any extraordinary repair required to correct damage to the PRIVATE STREETS shall be the responsibility of the party causing the need iforsuch extraordinary repair. If any such extraordinary repair is caused by a LOT OWNER, the ASSOCIATION shall assess and collect a Reimbursement Assessment against such LOT OWNER pursuant to the Declaration in the amount of the costs of such extraordinary repaj,r. The ASSOCIATION shall promptly co.mm~nc~ and' .effect 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 asp~6yided in this Ag~eement and the Declaration, then the ASSOCIATION sl:1.a1l tl1.ereafterh<ive all rights with regard to collection of delinquent assessments as are provided in the Declaration. 7. The ASSOCIATION shall at all times maintain liability insurance covering its activities with regard to use and maintenance of the PRIVATE STREETS. In ~he event the ASSOCIATION retains a contractor'to perform any of its maintenance obligations with regard to the PRivATE STREETS, the AS~~CIATION shall require such contractor likewise to maintain liability .insurance to cover any liability arising as a result of its activities 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 their officials, dire.c:tors, officers, agents and employees fr,om and against all liabiJ.lity, clai'nisj 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 STREETS" o'i to any other third parties arising out: of or in anyway, related to the use "repair orrnaint,enarice of the PRIVATE STREET~. Nothing in this. Agreefuent'"thespecTf,icati'orfs'ior6ther contract .documents or 'CITY"s approval of the 'plans 'and specifications for or inspection of the WOrK iregardfng, 'the: PRIVATE STREETS is'" intended . to include a rev'ieW", .inspection,. ' or acknowledgment of' a rE!sponsi,biiiLtYf()!" LallY :suchmatter, and CITY, CITY,'s eii"gineer, and "their, '[consultants, ,and each of their officials', directors, officers, employees and agents, shall have absolutely no responsibility or liability 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 notice to the 4 F:\REAL\576\16369006\PWYUNIT2.AGT rev 06/04/97 . . 374 Board of Directors of' the ASSOCIATION to initiate repairs or construction wt~thiil, ;ninety .(90) days. Upon failure to demonstrate good faith to )llakeI;epalps orc9nstrtl9h~miNithin ninety (90) days of receipt of suchnotice,tihe'LQT'OWNER'S' and ;the ASSOCIATION agree that the CITY may make all needed repair~ 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 CITY for all reasonable costs' incurred by the CITY in connection with such maintenance activities. If the ASSOCIATION goes not, so reimburse tne .CITY wi thin thirt'y (30) days after CITY's demand, then CITY may pursue all of its remedies at law or in equity. 10. If the CITY .elects to make necessary repairs in accordance with paragraph 9 above, said work shall ,be' without warr'anty. Said repa'ii .sncillbe, ,accepted "as i's" by the LOT' OWNERS and the ASSOCIATION without any warranty of workmanship. 11. The' foregoing covenants shall ,run, with the land and shall be deemed to be for the beneff:t of ' the land of each of, . the LOT OWNERS and each and every person who shaU at any time own all or any portion of the PROPERTY referred to 'herein. . ' 12. It is underst60d and agreed contained shall be binding on the heirs, successors and assigns of each of ASSOCIATION. that the covenants. herein executors, adm-inistrators, the LOT OWNERS and the 13. It is th~ purpose of the signators hereto that this instrument be ,recorded to the end and intent that the Obligations hereby created snaIl. 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 Directors of the ASSOCIATION and consent OD the CITY. 15. .This Agreement. shall ,be governed by the laws, of the State ,of, ,Cal'ifornia,. In the .event .that 'any of the provisTons' .o'f. thfs Agreemen.t ,are held to' ,be .unenforceable of i'nval'id,by 'any court of: cO!llpetent jurisgiction, the. validity and enforceabil'ity of tile remainingprovj,:sions ,~han not be affected thereby. 5 F:\REAL\576\16369006\~YUNIT2.AGT rev 06/04/97 . . 375 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set 'forth hereinafter,. * * * *, * * * * * * * * * * * * * * * * * * * * * * * * * * * * * GREYSTONE HOMES, INC., a Del,w,/)';?,;ration / BY:~~ Its: DIVISION PRESIDENT Date: T,,", q 1'1'17 , * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ACCEPTED: CITY OF POWAY BY:~?wL~ Date: ~ -7- e:;7 By: Date: 6- 7- j7 6 F:\REAL\576\16369006\PWYUNITZ.AGT rev 06/04/97 . . 376 STATE OF CALIFORNIA On 6-9-97 ) ) ss: 7~ ) 199G, before me, PATRICIA MARTIN, NOTARY PUBLIC "~""'. tal.. 01 ort1c..r ".11.. "JAM!: [)(IE, NOTAAf PU8L1C" COUNTY OF SAN DIEGO personally appeared TODD PALMAER "~""'(sJ of "gner(.) !Ct personally known to me OR [] proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) istafesubscribed,to the within instrument and acknowledged to me'that';helS"e/tl,e,. executed ,the: same if' his/~ authoiized capacity(iesl, and that by hislflerltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNE hand nd ,official seal. ~ Signature ) ~ -. ~ P';;r~l; Ma~t~ ~ f o ", Comm #1000130 Gl Cl ..". : NOTARY PUBLIC CAlIFORNIA() ~ ,... . SAN DIEGO COUNTY J" :"~ ~'__ ~C~r: E;~U~ ~' ~~ r (This are. for official notarial Se.1) 'Capacity Claimed by Signer: _Lndividual, Corporate Officer(s), _General, _ Attorney.in.Fact, _Guardian/Conservator, _Other Partner(s)-- _Limited 7 F:\REAL\S76\16369006\~VUNIT2.AGT rev 06/04/97 :. . 'I J,12726 37'7 EXHIBIT "A" OLD COACH GOLF ESTATES PHASE 1 UNIT 2 That portion of Lot "A" and all 6f Lots "0", "E", "F" and "G" as shown on City of Poway Tract No. 89~,1:3R~, Olel ':Coach Golf Estates, Phase 1, Unit No, 2, in the City of pqway, County of Sap Diego, State of California: acc'ording to Map No,1313:>' recqrd,ed :J4,,.e Z" , 1997 inthe'Officedf the :coTJnw Recorder' :of'said' - -- San Diego County. jb/12726,Q07 .~.; , '. ~~ '""- ~ ~ f, ~. . 7) ,HIG/'ILAND, . VALLEY ~lIIIllJIECll', IOU' . t .st"!,~~, ROAI)--- Ylertvfli}' N1Ap NO ~.cALE I J I "'-- LOT F . '--~I:O"'- c:, '. -",}, .~,- . .mCK~~INEElUNGCOM:PANY ~.;.;,;:;..,' , . ~Y2irO:-isi6' ,,(ijilij<i9t:ii'7ir1 '. B;78 ^ ,/, " . /'/ ~~ '/. -',--~ ;----~~_. ~-~--- LOTG EX8IsIT:iiA' RRIVA'fEROAD EASEMENTS ~f- NO, SCA~E 1 L L U 5 TR A T 1 'V',E P. L' A J " .DLDCOACj.{GoLF EsfA;i"Es PHA'SE.' t~ UN/T.2 TTM -BO-f3R. . u_~' '. _ .~ l~ .. '"~ .... .. . ,j All. of City of Poway Tract)'Jo, 89~13R,Gld Coach Golf' Es'tates, Phase L Unit No.2, in the City of Poway, Co.untyof San Diego, State. of Ci'llifornia according to Map No. 1'.3'+1"1 recorded ':r""e.. 2. (, ,199.7 in the Office oJ the County He~order of said .Sa~i~gqQolJnty. . , . J,12726 EXHIBIT "B" OLD COACH GOLF ESTATES PHASE 1 UNIT 2 jb/12726:007 . 379