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Private Streets Maintenance Agreement 1996-0381837 ~ '.\'", .,IlilOOmiED~tlE8T OF- F.T 'AMERICAN TITLE 8DBD~VISION MAPPI~G DEPARTMENT RECORDING REQUESTED BY: .1\11. i"' * 19' 011'1381 8~' IlL. It 1 lO-V . .!. ...If ~v-JUL-1996 09:44 AM 1263 OFFICIAL RECORDS :SAN DIEGQ COUNTY RECORDER'S OFFICE . Gf~EGORY SMITH, CDUm RECORDER "'" 1'< 00 .rrr, 1\1' :.);._ r....c.Js AF: ----.--17.00 MF: 1.00 31. 00 City of poway AND WHEN RECORDED MAIL TO: f6 o/p City Clerk City of' poway P.O. Box 789 Poway,CA 92074-0789 Space above for Recorder's use PRIVATE STREETS MAINTENANCE AGREEMENT THIS PRIVATE STREETS MAINTENANCE AGREEMENT ("Agreement") dated for reference pur;pose's as Of the t~ day of July, 1996, is 'entered into betweenGREYSTONE HOMES, INC., a Delaware corporation (hereinafter 'referred to as ",DEVELOPER"), OLD COACH COLLECTION MAINTENANCE CORPORATION, a. California non~prof.it. mutual benefit corporation (hereina#;er referred to as iiASSOCIATION") ,and the CITY OF POWAY, a municipa'l corporation (hereinafter referred. to as "CITY"), for the benef'i:t of future subdivision lot owners 'who will use the' PRIVATE STREETS (hereinafter referred to as "LOTOWNER'S", 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 proyidefor th~ maintenance' and rePi'fir of those certain.PIHVATE 'STREETS descr{bedand, ,shown. on Exhtbi t A attached her'eto and made a part herelJf (hereinafter referred to as the "PRIVATE STREETS"); 'WHEREAS, 'DEVELOPER is the owner of certain"realproperty',being subdivided and dev.eloped as ,TTM .8.9-13Rthatwill use and enjoy 'the benefit of ,such PRIVATE STREETS. A complete legaL d.'escriptcion of' said real pr6perty' ,is included .in Exhibit 13. attached hereto" and made a part hereof'.' Said real p)::'oper.ty is, l1ereinai'Eer 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; F :\REAL \576\ 16369006\STREETS2 .AGT 07/03/96 ;' , . . 1264 WHEREAS, it, is the mutual desire of the parties hereto to establish a method for the maintenance and re'pa-ir ci:f 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 main- taining, repairiI'lg and replacing the common areas within 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 Maintenal}ce Corporation ("Declaration") recorded or to be recorded against the PROPERTY by DEVELOPER,. the,ASS6CrATION shall assume all mai'ntenance obli'gation's regarding the PRIVATE STREETS within each annexed phase of the PROPERTY; and WHEREAS, it is the mutual intention of. the parties that this Agreement con~ti~ute,a covenant running w~th the land, 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 presel}t .portion of the PROPERTY of the PROPERTY. benefitted by this' Agreement is the and successive LOT' OWi'<ERS of all or any are ,expressly bound hereby for the benefit 2. Th~ 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 repairs and maintenance to be performed .under this Agreement by or on behalf of thej\SSOCIATION sharI ,b.e. ,limfte.d to the :follo,wing. unless the consent. for additional work is 'given by the Board of Directors of the ASSOCIATION: reasonable and normal road impJ:'ovementmaintenance work to adequat,ely maintain the PRIVATE STREETS and any related drainage faciTi ties to .permit normal access" ingress and.~gress to'. and 'from, the rots wi,thin the' PROPERTY. Repairs and mai'ritenance und'er this Agreement, shall include, but a'r,e not limited t:o" filling of chuckholes" repairing cracks, repairing and' reslir,faci'ng' 0:(;, roadbeds, repCiir;-ing and' maintaining drainage structures, remClviDg clebris, maintaining signs, markers, str:iping and lighting, if any, and such other work as is reasonab'1y necessary or proper to repair and' preserve the PRIVATE STREETS for normal access, ingress and egress purposes. F:\REAL\576\16369006\STREETS2.AGT 07/03/96 2 ; .~ ." . . 1265 4. The' obl,igationof the ASSOCIATION to repair and maintain the PRIVATE S'J;'REETS within each phasjO! of, development of the PROPERTY as herein set forth shall ,commence, upon the occurrence of both of the f'olio~ing events,: (a) wh'en 'the PRIVATE STREET improvements have been completed and approved by the CITY, and (b) such phase of the PROPERTY has been annex'ed to the jurisdiction of the ASSOCIATION pursuant to the Declaration, DEVELOPER (and/or any successor developer to which any portion of the PROPERTY is conveyed prior to :annexation 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 responsi:b:ility, of the party causing the need for such 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 repair. The ASSOCIATION shaTlpromptly commence and effect such extraordinary repair. The ~epair shall be such as to restore the PRIVATE STREET to the condition existing prior to said damage. 6. Should any LOT OWN~R fail to pay'the pro rata share of costs and expenses as provided in this Agreement and the Declaration, therithe AssocIATION shall thereafter have all rights wi.th regard to collect,ion of delinquent assessments as are provided in the Declaration. 7. The ASSOCIATION shall at all times: maintain liability insurance covering its' activities with ~egard to use and maintenance of the PRIVATE STREETS. In the event the ASSOCIATION 'retains 'a contractor toperf.orm any of its maintenance obligations with regard to the PRIVATE STREETS, the .ASSOCIATION 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, director,s, officers, agents andempJoyees'fr.om. anc!, aga inst al'l liability, claims, damages, )osses"expehses", personal injury, and other cost~, including' cos'ts 'of' defen'se' ana 'attorney'S fees, incurred byqr p:ay;able, to any other LOT OWNER, any i.fser of. the PRIVATE STREETS; otto any otner third partiE!s: arisIng out of or in any way relatecj,to the use, repa;ir or m'a::intenance of the PRIVATE STREETS. Nothing iri this Agreement, the, specif,ications, or other contract documents or CITY;'sapproval of the, plans and specificat,ionsfor or inspection of the work regarding, the PRIVATE STREETS is intended to include a review, inspection, or F:\REAL\576\16369006\STREETS2.AGT 07/03/96 3 . . 1266 acknowledgment of a responsibility for any such matter, and CITY, CITY's engineer, and their consultants, and ea~h of their officials,directors, officers, employees 'and agents, shall have absolutely no responsibility or liabili~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 Cl'TY may thereupon provIde written notice to the Board of Directors of the ASSOCIATION ,to initiate repairs or construction within ninety (90) days. Upon failure to demonstrate good faith to make repairs' or construction w,ithin, ninety (90) days of receipt of such notice, the LOT OWNERS and the ASSOCIATION agree that the CITY may make ail 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 CITY for alL reasonable costs incurred by the CITY in connection with such ,maintenance activities. If the ASSOCIATION does not so reimburse the CITY within thirty (3 OJ 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 warranty. Said repair sha'll be accepted "as 'is" 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 benefit of the lan'dof each of the LOT OWNERS and each and every person who shall at. any time own all or any portion of the PROPERTY referred to herein. 12. It is unden;tood and agreed contained shall be binding on the heirs, successors and assigns of each of ASSOCIATION. tha:t:, the covenants herein executors, administrators, the LOT OWNERS and the ,13. It isth~ purpos,e of the signators hereto th!'lt this instrument be recorded to the end' and intent that theobligat,i6i1s 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, r,egardl'ess' of forni, shall be de'enied to have consented to and,become bound by this AGREEMENT. 14. The terms of, this Agl:'eement ,may be amended in writing upon approval of the Board of' Dfre'ctors of the AssocIATION arid consent o''fth,e CITY. 15 ,This, Agreement shall be governed by the laws of the 'state of California. In the event thatapy o.f the provisions of, this Agreement are held to be unenforceable or invalid by any court of F:\REAL\576\16369006\STREETS2.AGT 07/03/96 4 " . . 1267 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. * * * * * * * * * * *, * * * * * * * * * * * * * * * * * .* * ** * GREYSTONE HOMES, ,INC., a Delaware corporation BY:~ Division President .Its: Co....l v.li("y Date: p:-ft& * * * * * * * * * * * * ,* * * * * * * * * * * * * * * * * * * * * ACCEPTED: CITY OF POWAY BY:~5..~ Date: JA.o/~ form: Date: 7-it.- J't. .' F:\REAl\576\16369006\STREETs2.AGT 07/03/96 5 (,' . . 1268 STATE OFCA)::,IFORNI;i" COUNTY OF. RIVERSIDE On July 2, 1996; .beforeme; Linda Kaniasty,-Notary Public,forConntyof.$anDiego, personally ap~ed TODD'pAL~R, personally known to,meto~ Iheperson ,\,hose l1amei~~ubscribedto Ihe within il1strument andllcknowl<;dged,to Illelhat he executed lhe,~einhis~lIlhorizedcapacityandlhat by his:signature onlhe instniInent; Ihe'person or entity upon behalf of.which the person' acted, executed the within instrument. y ---. !\'iA-{" Liilda Kariiasty, Notary r' . ..t'lND~ KAN,ASTY t iCOminiSSion #1008259 < >,No~'r'Y P~bHc'~-Callfornf~~ __ . .- -San Diego County ,Jlii. I My'COnlml~slo.n Explren.October 31, '997 ~. ... - ,. - , 41 WITNESS my hand and official seal. CAPACITY CLAIME'i, BY: SIGNER: SIGNER IS REPRESENTING: Individual GreystoneHonies, Inc., A D<:Iaware Corporation' _XX_Corporate Officer President Partners _ Assistant Secretary _ Corporation asa Partner Other 11:WiC?RTIFIc:A~ M1J,~TI3E'AJTA9HEDTO THE,IJo.CUMENT DESCRIBED BELOW: TrtLE ORTYPE OF,D0cUMENT:, 'PrivateStreelsMaiittenance Agreement "--;..-""-'- "',"'-' - -' " -, '",'. --" ...<- ~.._- NUMBER:OF'PAGESL,S:plUsattaclunenls' , NUMBER OF'SIGNERS 1 .. . . 1269 EXHIBIT A DESCRIPTION OF PRIVATE STREETS Lots A, B, and C of City of Poway Tract No. 89-13R, Old Coach Golf Estates Phase I, Unit I, in the City of Poway, County of San Diego, State of California per Map No. 13339, recorded in the office of the Recorder of San Diego County, July 5, 1996. .. '. '. . . . EXHIBIT B DESCRIPTION OF PROPERTY Lots A, B, C, H, I, and 40 thru 78 inclusive of City of Poway Tract No. 89-13R, Old Coach G.olf Estates Phase l, Unit 1, in the City of Poway, County',ofSan Diego, State of California p.er Map No. 13339, recorded in the office of the Recorder of San Diego County; July 5, 1996. 12,?a . ",'..' ..'~",' .. :.:.' ,;~. '.-,. :: '~; ','. . . ~ .- ~ .. . HIGHLAND ~~"'+ ...~~ "0 hO . Y;LtEY' PROJECT SITE t' VICINITY MAP NO SCALE -- I .J '( f I I , LOT C " r:l- STATiON RQ ~ ' '0 Wy..\~ EXHIBIT "A" PRIVATE ROAD EASEMENTS I I LOT B A"78 HOLloN ESPOLA -- .'. , . . . .', '.-~. ......, ;"..-. . > - -.' .', ~.; . " . \ [0'.1 , , ~ 1271 f. N SCALE, 1'- 400' ROAD "/r- .~i'"~!~HICK EN..' CINE..'. 'ElliNG COMPANY '1~".'Il 1 l~ :.il!ia:~' "". 'n." .... '!I~= . Sal) DI.to, ' . ~_ Cilllonlla92110-25911, 16.l91Z9t-0701 r L L 8 ,5 T RAT I V E .P L A T OLD'COACH GOLF'ESTATES PHASE 1, UNIT 1 TTM 89~13R