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Private Street Maintenance Agreement 2014-002791110' RECORDING 'REQUESTED BY: CITY OF POWAY AND WHENAECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY. CA 92074 APN: 323 - 201 -46, 47, 48, & 49 Q O C # 2014-0027911 1111111111111111111111111111111111111111111111111111111111111 IIII III JAN 22, 2014 9:66 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest,). D ronenburD, Jr , COUNTY RECORDER FEES: 34.00 PAGES: 7 (THIS SPACE FOR RECORDER's USE) PRIVATE STREET MAINTENANCE AGREEMENT (TPM06 -03) THIS PRIVATE STREET MAINTENANCE AGREEMENT ( "Agreement'), dated for reference purposes as the 60'�% day of 20A , is entered into between McCullough Design and Development, Inc., a, California Co oration, hereinafter referred to as "OWNER ", and the CITY OF POWAY, a municipal corporation, hereinafter referred to as "CITY ". WHEREAS, this Agreement is required by CITY asa condition of approval of Tentative Parcel Map 06 -03,, pursuant to Poway Municipal Code Sections 12.20.050, 12.20.060, 12.20.110, 12.20.120, and 17.08.180(P), relative to construction of a private road; and WHEREAS, OWNER wishes to provide for the maintenance and repair of that certain private street described and shown on Exhibit A, attached hereto and made apart hereof, hereinafter referred to as "PRIVATE STREET; and WHEREAS, OWNER is the owner of certain real properties being developed as single - family residences at 13222, 13224 and 13226 Vista View Court that will use and enjoy the benefit of such PRIVATE STREET. A complete legal description of said real property is included in Exhibit B attached hereto and made a part hereof. Said real property is hereinafter referred to as "Property'; and WHEREAS, it is the mutual desire of the parties hereto that the PRIVATE STREET be maintained.and repaired in a safe and usable condition; and WHEREAS, it is the mutual intention of the parties that this Agreement constitute a covenant running with the Property, binding upon each,successive owner of the Property. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. The property benefited by this Agreement is the Property. The present and successive OWNER of all or any portion of the Property is expressly bound hereby for the benefit of the Property. 2. The cost of maintaining the PRIVATE STREET shall be borne by OWNER, or his or her heirs, assigns, and successors in interest. Notwithstanding the foregoing, OWNER may seek contributions or recompense from and by all other owners, heirs, assigns and successors in interest who may be obligated under similar Private Street Maintenance Agreements with the City of Poway relevant to this section of private roadway. )y -0o(0 3. The repairs and maintenance to be performed under this Agreement by or on behalf of the OWNER shall be limited to the following: reasonable and normal road improvement maintenance work:to adequately maintain the PRIVATE STREET, and any related drainage facilities, to permit normal access, ingress and egress toand from the Property. Repairs and maintenance under this Agreement shall include, but'are not limited to, filling of chuckholes, repairing cracks, repairing and resurfacing of roadbeds, repairing and maintaining drainage structures, removing debris, maintaining signs, markers, striping and lighting, if any, and such other work as is reasonably necessary or proper to repair and preserve the PRIVATE STREET for normal access, ingress and egress purposes. 4. The obligation of OWNER as outlined herein shall commence with the issuance of Building Permits by CITY to construct single - family residences at 13222, 13224 and 13226 Vista View Court. 5. In the event OWNER retains a contractor to perform any maintenance and obligation with respect to the PRIVATE STREET, the OWNER shall require such contractor to maintain liability insurance to cover any liability arising as a result of its activities with regard to such maintenance activities. 6. OWNER shall defend and indemnify and hold harmless CITY, CITY's Engineer and their consultants and each of their officials, directors, officers; agents and employees from and against all liability, claims, damages, losses, expenses, personal injury and other costs, including costs of defense and attorney's fees, incurred by or payable to any other use of the PRIVATE STREET, orto,any:other third parties arising out of or in any way related to the use, repair or maintenance of the PRIVATE STREET. Nothing in this Agreement, the specifications, or other contract documents or CITY's approval of the plans and specifications for or inspection of the work regarding the PRIVATE STREET is intended to include a review, inspection, or acknowledgment of a responsibility for any such matter, and CITY, CITY's Engineer, and their consultants, and each of their officials, directors, officers, employees and agents, shall have absolutely no responsibility or liability therefore. 7. If, in the CITY'S sole judgment, the PRIVATE STREET is not being maintained to standards set forth in Paragraph 3 of this Agreement, the CITY may thereupon provide written notice to the OWNER to initiate repairs or construction within ninety (90) days. Upon failure to demonstrate good faith to make repairs or construction within ninety (90) days of receipt of such notice, the OWNER agrees that the CITY may make all needed repairs to the PRIVATE STREET to meet the standards set forth in Paragraph 3 and to then assess the costs thereof to the OWNER. OWNER shall reimburse CITY for all reasonable costs incurred by the CITY in connection with such maintenance activities. If the OWNER does not so reimburse the CITY within thirty (30) days after the CITY's demand, then CITY may pursue all of its remedies at law or in equity. 8. If the CITY elects to make necessary repairs in accordance with Paragraph 7 above, said work shall be with warranty. Said repair shall be accepted "as is" by the OWNER and without any warranty of workmanship. 9. The foregoing covenants shall run with the land and shall be deemed to be for the benefit of the land of each and every person who shall at any time own all or any portion of the Property referred to herein. 10. It is understood and agreed that the covenants herein contained shall be binding on the heirs, executors, administrators, successors and assigns of the OWNER. Private Street Maintenance Agreement (TPM 06 -03) Page 2 11. It is the purpose of the - signatory hereto that this 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'subsegdent purchaser of all or anyportion of ^the'Property, by acceptance of delivery of a, deed and /or conveyance, regardless of iorm, shall be deemed to have consented to and become bound by this Agreement. 12. This Agreement shall be governed by the laws of the State of California. In the event that any of the provisions 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. OWNER: McCullough Design and Development, Inc., a California Corporation By: 'G v Date: 1.61-2-014 Its: By: Its: Secretary CITY OF POWAY: rt J. Manis t ' for of Development Approved as to Form Office of the City Attorney � ae�21 Morga L. F ley, City A orney Date: I • q - 2014 Date: 13 / Attachments: 1) Notary Acknowledgement m: \engserv\clapp\agreements \vista view psma.docx Private Street Maintenance Agreement (TPM 06 -03) Page 3 I ALL - PURPOSE ACKNOWLEDGMENT State of California �" County of QAh IdleAo SS. t� On 1141126 j t' before me, D. Van CAVNAF Notary Public, / I uA'rl: personally appeared who proved to me on the basis of satisfactory evidence to be the person(a) whose name(s) is /ere-subscribed to the within instrument and acknowledged to me that he4� executed the same in his ief "� :_ authorized capacity(-i@0, and that by his4teri;iieii-signature(.&4 on the instrument the person(, or the entity upon behalf of which the person(&) acted, executed the instrument. _ B. VAN CAMP CDMM.8 2046925 SM N N NOY PUBLIC - CALIFORNIA BAN DIEGO COUNTY MY CONN. UP, DO !; 9017' PLACE. NOTAR)' SEAL IN ABOVE. SPACE I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. NOIIJY 'S SIGNATURE OPTIONAL INFORMATION The information below is optional. However, it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITYCLAIMED BYSIGNER (PRINCIPAL) DESCRIPTION OFATTACHED DOCUNIENT ❑ INDIVIDUAL YlvoA c CV, Mai v+ CORPORATE OFFICER TITLE OR TYPE OF DOCU� :N'F ❑ PARTNER(S) IIILEfS) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) NUMBER OF PAGES ❑ GUARDIAN /CONSERVATOR ' Ia'�I F1 OTHER: NFEOF DOCUMENT SIGNER (PRINCIPAL) IS REPRESENTING: NAME OF PERSON(S) OR ENTITNrUES) McC W_Ah Din` RIGHT THUMBPRINT OF SIGNER OTHER L c r a 0 APAI /^- -013 NO' I' ARN'BONI)S,SUI'I'i.11iSANI)PORMS A' I' ll' I' Il ': / /WWW.VALI,17Y- SI17RRA.C'ONI D 20052008 VALLEY - SIERRA INSURANCE CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California 1 County of On before me, Date Here Insert Name raiii Trtle of the Officer personally appeared J. ✓n -9,411J PHYLLIS SHINN Commission # 1956215 v Notary Public - California i San.Diepo county M Comm. Ezires'Nov:9.�2015r Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(Q whose name(N is/0 -- subscribed to the within instrument and acknowledged to me that he /sbii- tlidy executed the same in hisiftrfthk authorized capacity(i(M), and that by his/Wh* signatureA on the instrument the persona ll, or the entity upon behalf of which the person(g) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my han nd official seal Signature Signature of Notary Public OPTIONAL Though the: information below is not required by law, it may prove valuable to,persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached /Document Title or Type of Document: Document Date: �/fINUA�Y �,,/2 e MWSigner(s) Other Than Named Above: n ., Capacity(ies) Claimed by Signer(s) Signer's Name:` ❑ Individual ❑ Corporate Officer— Title(s): El 'Partner —❑ Limited ❑ General ❑ Attorney in Fact I" r.;. �^ _ -Top of thumb here- El Guardian or Conservator ❑ Other: Signer Is Representing: Number of a LL91.t!r Signer's Nat El Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: s- 02007 National Notary Aseoaation•9350 De Soto Ave.. P.D. Box 2402- ChatswoM CA 9 1313- 2402•www.NationatNoutry.oig Item #5907 Reorder: Cell Toll -Free 1- e00- 9]6 -6a2] SHEET 1 OF 2 SHEETS wx.II.lY11_1 PRIVATE STREET PARCEL "'A" OF PARCEL `MAP NO. 21036, IN THE CITY OF'POWAY, COUNTY OF SAN DIEGO, STATIAP CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 12, 2013. THE PRIVATE ROAD EASEMENT DESCRIBED IN DEED RECORDED APRIL'14; 1969 AS FILE/PAGE NO. 63737 IN THE OFFICE OF THE COUNTY RECORDER OF SAN`DIEGO COUNTY EXCEPTING THEREFROM THAT PORTION "LYING SOUTHERLY OF THE EASTERLY EXTENSION OF THE'NORTHERLY LINE OF PARCEL 3 OF ABOVE?SAID PARCEL MAP NO. 21036. EXHIBIT A SHEET 2 OF 2 SHEETS Of Z) O 3: ° w u Gj ''�-^ J v/ Q U N PARCEL 1 _ T EXISTING PAVED a. � RTOAD LIMITS U PARCEL 2 P a RRNATE ROAD:_EASEMENT PERT /P 63733 28 RECD 4 -1.4 -1969 �G QP PARCEL 3 E'LY EXTENSION OF N'LY LINE -OF PARCEL 3, PM 21036