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