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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) ///