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
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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;
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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
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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
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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.
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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
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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
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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.
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EX8IsIT:iiA'
RRIVA'fEROAD
EASEMENTS
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1 L L U 5 TR A T 1 'V',E P. L' A J
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.DLDCOACj.{GoLF EsfA;i"Es
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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.
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J,12726
EXHIBIT "B"
OLD COACH GOLF ESTATES
PHASE 1 UNIT 2
jb/12726:007
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379