HomeMy WebLinkAboutRecorded Doc 2015-091 2015-091
2015-0477470
,", PLEASE COMPLETE THIS INFORMATION 10/30/2015 08:17 AM Fee: $ 33.00
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RECORDING REQUESTED BY: Recorded in Official Records
County of Riverside
MADISON CATHEDRAL CITY.LLC Peter Aldana
10510 NORTHUP WAY.STE.120 Assessor—County Clerk—Recorder
KIRKLAND,WASH.98033 1 "Mali
AND WHEN RECORDED MAIL TO:
CITY OF CATHEDRAL CITY—CITY ENGINEER R A Exam:
68700 AVENIDA LALO GUERERRO
CATHEDRAL CITY.CA.92234 Page DA PCOR Misc Long RFD 1st Pg Adtl Pg Cert CC
I G
SIZE NCOR SMF NCHG T:
6
Covenant for Water Quality Management Plan and Urban Runoff
Best Management Practices Transfer, Access and Maintenance
Owner: Madison Cathedral City, LLC
Property Address: 67-525 EAST PALM CANYON DRIVE
APN: 681-300-023
WHEREAS, Madison Cathedral City, LLC ("Owner") owns real property
("Property")in the City of Cathedral City, County of Riverside, State of California, more
specifically described in Exhibit "A"and depicted in Exhibit "B", each of which exhibits is
attached hereto and incorporated herein by this reference;
WHEREAS, at the time of initial approval of development project know as
_APN 681-300-023 within the Property described herein, the City of
Cathedral City ("CITY") require the project to employ Best Management Practices
hereinafter referred to as "BMPs" to minimize pollutants in urban runoff;
WHEREAS, the OWNER has chosen to install and/or implement BMPs for the
Property as described in the Water Quality Management Plan, on file with the CITY,
hereinafter referred to as "WQMP" to minimize pollutants in urban runoff and to minimize
other adverse impacts of urban runoff;
WHEREAS, said BMPs, with installation and/or implementation on private property
and draining only private property, are part of a private facility with all maintenance
replacement, therefore, are the sole responsibilities of the OWNER in accordance with the
terms of this Covenant.
WHEREAS, the OWNER is aware that periodic and continuous maintenance,
including,but not necessarily limited to, filter material replacement and sediment removal,
is required to assure peak performance of all BMPs in the WQMP and that, furthermore,
such maintenance activity is required to remain in compliance with all local, state,or
federal laws and regulations, including,but not limited to NPDES storm water permits, and
those pertaining to confined space and waste disposal methods, in effect at the time such
maintenance occurs;
NOW THEREFORE,OWNER covenants,promises and agrees as follows:
1. Owner hereby provides the City and/or its designee complete access, of any
duration, to the BMPS and their immediate vicinity at any time,upon reasonable notice, or
in the event of emergency, as determined by CITY, no advance notice, for the purpose of
inspection, sampling, testing of the BMPS,and in case of emergency, to undertake all
necessary repairs or other preventive measures at OWNER'S expense as provided in
paragraph 3 below,provided that CITY takes reasonable steps to minimize or avoid
interference with OWNER'S use of the Property.
2. OWNER shall use its best efforts diligently to maintain all BMP"s in a manner
assuring peak performance at all times. All reasonable precautions shall be exercised by
OWNER and OWNER'S representative or contractor in the removal and extraction of any
material(s) from the BMPs and the ultimate disposal of the material(s)in a manner
consistent with all relevant laws and regulations in effect at the time. As may be requested
from time to time by the CITY, the OWNER shall provide the CITY with documentation
identifying the materials( s)removed the quantity, and disposal destination.
3. In the event OWNER, or its successors or assigns, fails to accomplish the
necessary maintenance contemplated by this Covenant, within five(5) days of being given
written notice by the CITY, the CITY is hereby authorized to cause any maintenance
necessary to be done and charge the entire cost and expense to the OWNER or OWNER'S
successors or assigns, including administrative costs, attorney fees and interest thereon at
the maximum rate authorized by the Civil Code from the date of the notice of expense until
paid in full.
4. The CITY may require the OWNER to post security in form and for a time
period satisfactory to the CITY to guarantee the performance of the obligations stated
herein. Should the OWNER fail to perform the obligations under this Covenant, the CITY
may, in the case of cash bond, act for the OWNER using the proceeds from it, or in the case
of a surety bond,require the sureties to perform obligations of the Covenant. As an
additional remedy, the CITY may withdraw any previous Urban Runoff-related approval
with respect to the property on which the BMPs have been installed and/or implemented
until such time as OWNER repays the CITY its reasonable costs incurred in accordance with
paragraph 3 above.
5. This covenant shall be recorded in the Office of the Recorder of Riverside
County,California,at the expense of the OWNER and shall constitute notice to all
successors and assigns of the title to said Property of the obligations herein set forth,and
also a lien in such amount as will fully reimburse the CITY, including interest as herein
above set forth, subject to foreclosure in event of default in payment.
6. In event of legal action occasioned by any default or action of the OWNER, or
its successors or assigns,then the OWNER and is successors or assigns agree(s)to pay all
costs incurred by the CITY in enforcing the terms of this Covenant, including reasonable
attorney's fees and costs,and that the same shall become a part of the lien against said
Property.
7. It is the OWNER that burdens and benefits herein undertaken shall constitute
covenants that run with said Property and constitute a lien there against.
8. The obligations herein undertaken shall run with and burden the Property
and shall be binding upon the heirs, successors, executors, administrators and assigns of
the OWNER. The term "Owner" shall include not only the present OWNER,but also its
heirs, successors, executors, administrators, and assigns. OWNER shall notify any
successor to title of all or part of the Property about the existence of this Covenant.
OWNER shall provide such notice prior to such successor obtaining an interest in all or part
of the Property. OWNER shall provide a copy of such notice to the CITY at the same time
such notice is provided to the successor.
9. Time is of the essence in performance of this Covenant.
10. Any notice to a party required or called for in the Covenant shall be served in
person,or by deposit in the U.S.Mail,first class postage prepaid,to the address set forth
below.Notices(s)shall be deemed effective upon receipt, or seventy-two(72)hours after
deposit in the U.S.Mail, whichever is earlier. A party may change a notice address only by
providing written notice thereof to the other party.
IF TO CITY: IF TO OWNER:
City of Cathedral City Madison Cathedral City, LLC
Attn: City Manager Attn: Alan Cantlin
68-700 Avenida Lalo Guerrero 10510 Northup Way, Ste. 120
Cathedral City, CA 92234 Kirkland, Wash. 98033
11. This Covenant may be enforced by the CITY. The City Manager or his/her
designee is authorized to act and administer this Covenant on behalf of the CITY.
.
•"1 IN WITNESS HEREOF,the parties hereto have affixed their signatures as of
this 15 t" day of x-ra
[All owners of record must sign.]
OWNER: OWNER:
(Owner's name) (Owners name)
(Signature) (Signature)
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(Owner's name (Name&Title)
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NOTARY ACKNOWLEDGEMENT
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.
LO ask
State of Cali-Fonda-
County of 941r1 )
On, CL-re-y- t 5-, 2065 , before me S ++skS►-t-I , a
notary public, personally appeared J inn cnAu_ALA. , ,e._ , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)
on the instrument the person(s), or the entity upon behalf if which the person(s) acted,
executed the instrument.
wGtShin�l�oc
I certify under PENALTY OF PERJURY under the laws of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
, S. EMIKO OHASHI
NOTARY PUBLIC
STATE OF WASHINGTON
COMMISSION EXPIRES
OCTOBER 9,2018
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(SEAL)
Signature S '=71`4' °+-+�st+
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EXHIBIT A
(LEGAL DESCRIPTION)
ALL THOSE PORTIONS OF LOT 28 AND LOT 29 IN SECTION 29, TOWNSHIP 4 SOUTH RANGE 5
EAST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN ON MAP OF PALM VALLEY
COLONY LANDS, ON FILE IN BOOK 14, PAGE 652 OF MAPS, RECORDS OF SAN DIEGO
COUNTY, CALIFORNIA.
BEGINNING AT A POINT IN THE EASTERLY LINE OF LOT 28 OF SAID PALM VALLEY COLONY
LANDS WITH ITS INTERSECTION WITH THE SOUTHWESTERLY LINE OF STATE HIGHWAY NO.
111 (95'WIDE); THENCE ALONG SAID SOUTHWESTERLY LINE OF STATE HIGHWAY NO. 111 (95'
WIDE), SOUTH 47° 51' 32" EAST, A DISTANCE OF 187.53 FEET; THENCE AT RIGHT ANGLES TO
SAID SOUTHWESTERLY LINE OF STATE HIGHWAY NO. 111 (95'WIDE), SOUTH 42° 08' 28"
WEST, A DISTANCE OF 208.41 FEET TO A POINT IN THE EASTERLY LINE OF SAID LOT 28, SAID
POINT ALSO BEING IN THE EASTERLY LINE OF DEED CONVEYED TO THE PALM SPRINGS
#1905, BENEVOLENT AND PROTECTIVE ORDER OF ELKS OF THE UNITED STATES OF
AMERICA AS RECORDED IN BOOK 1529, PAGE 420, RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA; THENCE AT RIGHT ANGLES TO SAID EASTERLY LINE, NORTH 89° 50' 30"WEST,
A DISTANCEOF 20.00 FEET TO A POINT IN A LINE PARALLEL WITH AND DISTANCED 20.00
FEET(MEASURED AT RIGHT ANGLES) FROM THE EASTERLY LINE OF SAID LOT 28; THENCE
ALONG SAID PARALLEL LINE NORTH 0° 09' 30" EAST, A DISTANCE OF 298.37 FEET TO A POINT
IN THE SOUTHWESTERLY LINE OF STATE HIGHWAY NO. 111 (95'WIDE); THENCE ALONG SAID
r--. SOUTHWESTERLY LINE OF STATE HIGHWAY NO.111 (95'WIDE) SOUTH 47° 51' 32" EAST, A
DISTANCE OF 26.92 FEET TO THE POINT OF BEGINNING.
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