HomeMy WebLinkAboutRecorded Doc 2017-347 2017-347 o/3/ —2 —
RECORDING REQUESTED BY: ) 201 ■ -0230678
06/08/2017 04:04 PM Fee: $ 0.00
Page 1 of 7
CITY OF CATHEDRAL CITY )
Recorded in Official Records
) County of Riverside
Peter Aldana
AND WHEN RECORDED RETURN TO: ) Assessor-County Clerk-Recorder
CITY OF CATHEDRAL CITY )
68-700 Avenida Lalo Guerrero )
Cathedral City,CA 92234 ) R A Exam: ^c-N
Attn: City Clerk ) Page DA PCOR Misc Long RFD 1st Pg Adtl Pg Cert CC
APN: 674-500-012, )
674-500-013, & 674-500-032 )
SIZE NCOR SMF N CHG
(Space Above for Recorder's Use)
Exempt from Recording Fees Per Government Code Section 27383
OPERATING COVENANTS
This document, entitled Operating Covenants ("Covenants") is made by
PALM SPRINGS MOTORS, INC., a California corporation ("Owner"), as of
4e?1u& 1r , 2012, for the benefit of the CITY OF CATHEDRAL CITY, a
municipal corporation of the State of California ("City"). Said entities may be individually
referred to herein as a "Party" or jointly as the "Parties."
1. These Covenants are executed by Owner and recorded in connection with that
certain Sales Tax Sharing Agreement (the "Agreement") entered into between
the Parties of more or less concurrent date herewith, and is required under the
provisions of the Agreement.
2. These Covenants shall run with the land legally described in Exhibit "A" attached
hereto, and incorporated herein by reference (the "Property"), and shall constitute
equitable servitudes thereon, and shall, without regard to technical classification
and designation, be binding for the benefit and in favor of the City.
3. Defined terms not otherwise defined herein shall have the meaning ascribed
thereto in the Agreement.
4. Owner covenants and agrees for itself, its successors, its assigns, and every
successor in interest to the Property, or any portion thereof, that upon completion
of construction of the Work of Improvement, together with any internal or tenant
improvements, Owner shall cause the Property to be used as an automobile
dealership for the sale of new vehicles manufactured by Lincoln and Ford,
together with incidental used car sales and related service and repair work
(together, the "Intended Use"), except for such exceptions to such covenant as
1
may be provided under the terms of the Agreement. Owner covenants and
agrees for itself, its successors, its assigns, and every successor in interest to
the Property, or any portion thereof, that upon completion of construction of the
Work of Improvement, Owner shall devote the Property to the Intended Use for a
period of ten (10) years following the issuance by the City of the Certificate of
Occupancy or similar document with respect to the Work of Improvement. No
other use of the Property shall occur without the prior written approval of the City,
which approval shall be given or withheld at the sole discretion of the City.
5. Owner covenants and agrees for itself, its successors, its assigns, and every
successor in interest to the Property, or any part thereof, that Owner, such
successors and such assigns, shall maintain in good condition the improvements
on the Property, shall keep the Property free from any accumulation of debris or
waste material, and shall maintain in a neat, orderly, healthy and good condition
any landscaping required by the City during its normal approval processes to be
planted on the Property, or placed on the Property by Owner in its own
determination.
6. Owner covenants and agrees for itself, its successors, its assigns and every
successor in interest to the Property or any part thereof, that there shall be no
discrimination against or segregation of any person, or group of persons, on
account of any basis listed in subdivision (a) or (d) of Section 12955 of the
Government Code, as those bases are defined in Sections 12926, 12926.1,
subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and
Section 12955.2 of the Government Code, or on the basis of domestic
partnership status or arrangement, in the sale, lease, sublease, transfer, use,
occupancy, tenure or enjoyment of the Property; nor shall Owner, itself or any
person claiming under or through it, establish or permit any such practice or
practices of discrimination or segregation with reference to the selection,
location, number, use or occupancy of tenants, lessees, subtenants, sublessees
or vendees of the Properties. Notwithstanding any provision of this paragraph,
none of the cited statutes shall apply to the extent that they deal with housing of
any kind.
7. The City may review the creation of a landscape and lighting district in the area
where the Property is to be located, or, alternatively, the annexation of the
Property into an existing City district. Such a district would assist the City in
paying for the lighting and landscaping in the area, thus enabling it to install and
maintain such amenities to the general benefit of the area and the specific benefit
of the Property. Such a district would equitably apportion the costs among the
EXHIBIT"C-2"
benefited land owners. Owner covenants and agrees, for itself and its
successors and assigns, and on behalf of any and all Tenants, that it will
participate in such a district for the life of the district, will vote in favor of its
formation, or for annexation into an existing district, as applicable, if a vote is
required, will otherwise support and not oppose the formation of the district or the
annexation, and will pay when due the assessments apportioned to it. The
Owner agrees to include a similar provision to every lease of any portion of the
Property to a Tenant such that the Tenant's obligations are essentially identical
to the Owner's.
8. The City may also review the formation of a business improvement district in the
area where the Property is to be located. Such a district would provide
assistance to all businesses within the district for a variety of purposes, each of
which would be designed to generate patronage for such businesses. Such a
district would assess business owners in the district on an equitable basis for its
share of the costs expended for the mutual benefit of the businesses in the area.
Owner covenants and agrees, for itself and its successors and assigns, that it will
participate in such a district for the life of the district, will vote in favor of its
formation if a vote is required, will otherwise support and not oppose the
formation of the district and will pay when due the assessments apportioned to it.
The Owner agrees to include a similar provision to every lease of any portion of
the Property to a Tenant such that the Tenant's obligations are essentially
identical to the Owner's.
9. The covenants established against discrimination, and those regarding
maintenance of the Property, shall remain in effect in perpetuity. The covenants
related to the Intended Use and to the landscape and lighting, and/or business,
districts shall remain in effect for ten (10) years, calculated as indicated above.
10. The City is deemed the beneficiary of the terms and provisions of this
Agreement and of the covenants running with the land for and in its own rights
and for the purposes of protecting the interests of the community. The City shall
have the right, if such covenants are breached, to exercise all rights and
remedies and to maintain any actions or suits at law or in equity or such other
proper proceedings to enforce the curing of such breaches to which it or any
other beneficiary of such covenants may be entitled, including, without limitation,
to specific performance, damages and injunctive relief. In addition, at the City's
sole discretion, any breach of these covenants shall be deemed a material
breach of the Agreement, permitting the City to terminate the Agreement.
EXHIBIT"C-3"
WHEREFORE, Owner, intending to be bound hereby, has executed this
document, entitled Operating Covenants, on the date first above-written.
OWNER:
PALM SPRINGS MOTORS, INC.,
a California corpo •
B .
Nam -: Paul Thiel
President
By:
Name: ■
Sec - ary
EXHIBIT"C-4"
CERTIFICATE OF ACKNOWLEDGMENT
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES
ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH
THIS CERTIFICATE IS ATTACHED,AND NOT THE TRUTHFULNESS,ACCURACY,OR
VALIDITY OF THAT DOCUMENT.
State of CAta ci_rW )
� )
Coun ty of c )
On Lt J ,() 1-t , before me,SNalk LA\ YYVKAC∎S, ►t't��u►1Dl1C,r
Date re Insert Name and Title of the Officer
personally appeared R4L.t.. ∎l!✓L...
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the
persort(s). whose name$ istar4a subscribed to the within
: instrument and acknowledged to me that he/ b /they executed
I ,,,,F SHELLY L. MACIAS Z the same in hisjherftheir authorized ca ac'
'" Comm. #2037607 p It�(lC5), and that by
Q'='V --s -'. Notary Public-California his/'herftheilr.signature on the instrument the person(,, or the
o Riverside County z entity upon behalf of which the persoli(s).acted, executed the
Z P My Commission Expires i,_,
t,FonN September 4, 201 7 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 hand and official seal.
SignaturagErVe.
Place Notary Seal Above
1892181.7
21469-930
EXHIBIT "A"
LEGAL DESCRIPTION OF LAND
AFFECTED BY OPERATING COVENANTS
The legal description of the Property affected by the Operating Covenants
appears following this cover sheet
EXHIBIT"C-5"
EXHIBIT "A"
Those portions of the North half of the Southwest quarter of Section 34, Township 4
South, Range 5 East, San Bernardino Meridian, in the City of Cathedral City, County of
Riverside, State of California, described as follows:
Parcel A:
Those portions of Parcel 1 and Parcel 2 of Parcel Map No. 15375, recorded in Book 82,
at Pages 13 to 15, inclusive, of Parcel Maps, Records of Riverside County, described as
"Parcel 2" in the Certificate of Compliance for Lot Line Adjustment No. 5-155, recorded
on April 14, 1990, as Instrument No. 136398, in Official Records of Riverside County,
California.
(APN 674-500-032)
Parcel B:
Parcel 2 of Amended Parcel Map No. 15274, recorded in Book 81, at Pages 41 through
43, inclusive, of Parcel Maps, Records of Riverside County.
(APN 674-500-013)
Parcel C:
Parcel 4 of Parcel Map No. 15375, recorded in Book 82, at Pages 13 to 15, inclusive, of
Parcel Maps, Records of Riverside County;
Excepting therefrom all that portion thereof lying Southwesterly of the Northwesterly line
of State Highway 111, as shown on said Parcel Map No. 15275.
(APN 674-500-012)
///