AGREEMENT FOR MAINTENANCE OF PRIVATE ROAD
AN AGREEMENT is made on ______, 2005 by and between the undersigned parties (hereinafter “OWNER”) and the City Of Concord, a municipal corporation (hereinafter “CITY”).
WHEREAS, OWNER agrees to record an agreement with CITY for the maintenance of the private road to serve Assessor Parcel Numbers ______(hereinafter “PROPERTY”) and that CITY is to be granted the right to order maintenance of said private road if not maintained or if complaints are received, and that each successor owner of any above listed parcels be assessed a portion of the cost of maintenance work; and
WHEREAS, the parties recognize that the maintenance of the private road is an integral part of access to PROPERTY.
NOW THEREFORE IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS:
1. Purpose: The purpose of this Agreement is to assure maintenance of the private road for Assessor Parcels Numbers ______as shown on Exhibit “A” for the benefit of OWNER and successors-in-interest of PROPERTY.
2. Private Road to Materially Benefit PROPERTY. OWNER agrees that the maintenance of the private road will materially benefit PROPERTY.
3. Duty to Maintain Private Road. OWNER agrees to diligently maintain and care for the private road using maintenance efforts as needed to maintain the private road in such a condition as to prevent the deterioration of any benefited lot and to prevent the deterioration of said private road to the extent that it detracts visually from PROPERTY’s appearance, becomes unusable for its intended purpose, creates a nuisance or hazard, or otherwise varies from the originally approved design so as to degrade the quality of the PROPERTY.
4. CITY May Seek Remedy for Failure to Maintain Private Road. OWNER agrees that in the event of default in performance of the duties specified in Paragraph 3 herein, CITY may elect to take the steps necessary to cure such default. Should CITY elect to take such curative steps, it shall serve written notice of its intent to cite OWNER for failure to comply with the terms of this Agreement and creating a public nuisance deemed unlawful pursuant to §10899.1 of the Concord Municipal Code. Such notice shall be served personally, or by certified mail, return receipt requested, upon OWNER at the last known address of Owner, or at such address as shown on the tax rolls. In the event OWNER fails to cure the default within thirty (30) days following receipt of the notice of the CITY’s intent to cite OWNER for failure to abide with the terms of the agreement and creating a public nuisance, CITY shall cite OWNER and shall take any and all legal actions necessary to cure the default. OWNER may void the notice and the CITY’s right to cure such default by promptly performing the required maintenance within the notice period or if such maintenance cannot be reasonably completed within such thirty (30) day period, then OWNER shall contact the Building, Engineering & Neighborhood Services Department (hereinafter “Department”) to obtain such additional time as is necessary. If additional time is obtained, OWNER shall immediately undertake necessary steps to cure the default within the required time period and diligently pursue the cure to completion within the time period agreed to by Department. Department may require owner to post a cash deposit or surety bond to guarantee the necessary remedial work as a condition of extending the period of time within which OWNER shall comply with this agreement. 5. CITY May Maintain Private Road. OWNER agrees that in the event of default in performance of the duties specified in Paragraph 3 above, CITY may elect to take the steps necessary to cure such default. Should CITY elect to undertake such curative steps, it shall serve written notice of its intent to enter Property for this purpose. Such notice shall be served in accordance with Paragraph 4 herein.
6. CITY’s Cost of Maintenance. If CITY incurs costs in restoring or maintaining the private road after following the procedure set forth in Paragraphs 4 and 5 above, CITY may use the proceeds of the cash deposit or surety bond. If these are insufficient to cure the default, CITY shall make demand upon OWNER for payment of any needed sums. If OWNER fails to pay costs incurred by CITY within thirty (30) days of the date demand is made; CITY may bring legal action to collect sums due. OWNER agrees that if legal action by CITY is necessary to collect the amounts expended by CITY, OWNER will pay CITY a reasonable sum as attorneys fees and court costs, together with interest thereon from the date which is thirty (30) days after CITY has given notice under Paragraph 4 above.
7. Notice. Notice as given by each party to this Agreement shall be given to the other party at the address shown below:
To CITY: Building, Engineering & Neighborhood Services
1950 Parkside Dr. MS/52
Concord, CA 94519
To OWNER:
To SUCCESSOR
OWNERS:
Notices shall be deemed effectively served upon deposit in the United States mail with first class postage affixed thereto.
8. Property Owner. If OWNER conveys any lot or all or a portion of PROPERTY to others, such assignee, conveyee, or transferee shall be responsible for complying with the terms and conditions of the Agreement as to that portion of PROPERTY transferred and OWNER shall have no further obligation hereunder as to PROPERTY. CITY shall be advised in writing of any changes in address of OWNER and/or the names and addresses of any subsequent owners of PROPERTY or any portion thereof.
9. Miscellaneous Terms and Provisions.
A. If any provision of this Agreement is adjudged invalid, the remaining provisions of it are not affected.
B. Notice to OWNER shall be considered to have been given when sent to the address stated in Paragraph 7 above.
C. This writing contains a full, final and exclusive statement of the Agreement of the parties.
D. By executing this Agreement, OWNER on his/her behalf and on behalf of any successor-in-interest, authorizes and grants to CITY or anyone acting on CITY’s behalf, permission to enter upon PROPERTY subject to this Agreement to perform inspections and/or to perform any work authorized by this Agreement in the event of default by OWNER.
10. Recordation; Covenant Running with the Land. Upon execution of this Agreement by all parties, CITY shall record this Agreement with the Office of the Contra Costa County Recorder. CITY shall provide Owners with a copy of Agreement showing the Recorder’s Office stamp.
This Agreement pertains to and runs with the PROPERTY and every part thereof. This Agreement binds the successor-in-interest of each of the parties to it.
11. Failure to Meet Conditions. Any failure by OWNER to meet and abide by the terms and conditions of this Agreement shall be grounds for termination, after public hearing, of OWNER’s use to which this Agreement pertains. In the alternative, CITY may sue to enforce this Agreement and OWNER shall be responsible for CITY’s costs of suit, including reasonable attorney’s fees, if CITY prevails.
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IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year first set forth above.
OWNERS
By:______
By:______
CITY OF CONCORD
By:______
City Manager
ATTEST:
By:______
Deputy City Clerk
APPROVE AS TO FORM:
______
City Attorney
C:\DOCUMENTS AND SETTINGS\RHEATHCO\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLK23AF\PRIVATE ROAD MAINT AGRMT.DOC 5