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HomeMy WebLinkAboutRecorded Doc 2015-089 2015-089 2015-0470262 10/27/2015 08:21 AM Fee: $ 40.00 PLEASE COMPLETE THIS INFORMATION Page 1 of 6 Recorded in Official Records County of Riverside RECORDING REQUESTED BY: Peter Aldana Assessor-County Clerk-Recorder Jnd1eS Cree l�egttt/P,$, GGC till i i1 011 r 4i1 'I iii (Owner) AND WHEN RECORDED MAIL TO: R A Exam: O CITY OF CATHEDRAL CITY-CITY ENGINEER Page DA PCOR Misc Long RFD 1st Pg Adtl Pg Cert CC �n "J✓ 68700 AVENIDA LALO GUERERRO CATHEDRAL CITY,CA 92234 ( 5 SIZE NCOR SMF NCHG T: Covenant for Street Light Maintenance Owner: JONES CREE VENTURES, LLC Property Address: 35375 TRIBECA LANE, CATHEDRAL CITY, CA 92234 APN: 681-310-010 &011 WHEREAS, Jones Cree Ventures, LLC owns real property Tract 36747 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 The District within the PROPERTY described herein, the City of Cathedral City ("CITY") requires the project to install one or more CITY and Southern California Edison ("SCE") approved light emitting diode (LED) luminaire of a specified lumen, pole, support arm, control facility, external/internal wiring and all related appurtenances of a specified design to make the LED street lamp and post complete and functional hereinafter referred to as "STREET LIGHT"; WHEREAS, the OWNER is required to install STREET LIGHT for the Property frontage as shown on the Street Improvement Plans, on file with the CITY, hereinafter referred to as "PLANS"; WHEREAS, said STREET LIGHT, installed within the public right-of-way, are part of an Owner coordinated and funded facility with SCE, or any successor or assigns power purveyor; • • WHEREAS, the Owner is required to coordinate and enter into an "ALL NIGHT - LS- 1" service agreement with SCE, or any successor or assigns power purveyor; WHEREAS, the OWNER is aware that the "ALL NIGHT - LS-1" service agreement with SCE, or any successor power purveyor, requires funding for perpetuity to ensure that STREET LIGHT shown on the PLANS is maintained and energy costs paid for; and that, therefore, are the sole responsibility of the OWNER in accordance with the terms of this Covenant. NOW THEREFORE, OWNER covenants, promises and agrees as follows: 1. OWNER shall pay all SCE fees and invoices for the installation and ongoing maintenance of STREET LIGHT in a timely manner assuring operational performance at all times. As may be requested from time to time by the CITY, the OWNER shall provide the CITY with documentation identifying that the SCE invoice(s) is paid. 2. In the event OWNER or OWNER'S successors or assigns, fails to pay the SCE invoices for the STREET LIGHT operational costs contemplated by this Covenant, within five (5) days of being given written notice by the CITY, the CITY is hereby authorized to cause any payment necessary for the STREET LIGHT's continuous operation and charge the entire cost and expense to the OWNER, or its 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. 3. 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 approvals with respect to the PROPERTY for which the STREET LIGHT had been installed for until such time as OWNER repays the CITY its reasonable costs incurred in accordance with paragraph 2 above. 4. 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. 5. In event of legal action occasioned by any default or action of the OWNER, or its successors or assigns, then the OWNER and its successors or assigns agree 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. • ' r 6. It is the OWNER that burdens and benefits herein undertaken shall constitute covenants that run with said Property and constitute a lien there against. 7. 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. 8. Time is of the essence in performance of this Covenant. 9. 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 Jones Cree Ventures, LLC_ Attn: City Manager 30875 Date Palm Drive suite C 68-700 Avenida Lalo Guerrero Cathedral City, CA 92234 Cathedral City, CA 92234 Attn: Mario J. Gonzales 10. 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. IN WITNESS HEREOF, the parties hereto have affixed their signatures as of this day of OWNER: Jones Cree Ventures, LLC A California Limited Liability Company By:Gonzales4nv°stments,LLC By: Bilt-Mor Developments LLC, A California Li ted Liability Company A California Limited Liability Company Its Man.:ing ■ ember Its Managing Member Mari∎J.Gonzales,Its Managing Member Bill R.Waddle,Its Managing Member CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 1 ,K-, c.-. _.__ - ter, E f,M. r r, r '.crc ccs-as r reci s,tc�r�ccrcrcreac c, c- ,e rkr,4 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 California ) County of Rive-f Sic( ) I I On 10\b' I S before me, K ace-'\ [1�11520, 1113+c,f Pcdo I i C Date Here Insert Name and Title of the Officer personally appeared � -C i o\. resort 24 les c'd do (i &_.4JC►Gl� t '� Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(sl whose namei,i /are subscribed to the within instrument and acknowledged to me that faels#te/tj executed the same in 1:40s7'her/their authorized capacitySiesl, and that by bislber/their signature)on the instrument the persons , or the entity upon behalf of which the person(s) 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. KAREN HANSEN Commission#2052600 WITNESS my hand and official seal. a r�o. Notary Public California z Riverside County 3_ _ _ _ _ MY Comm.Elres Jan 16,2014 Signature `/ rre.. W�%y Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: .�rir rLL .&*.4t 1A.ardelo.Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Corporate Officer — Title(s): ; Corporate Officer — Title(s): Partner — 1_ Limited ' General I.1 Partner — ! Limited 1 General Individual i Attorney in Fact I 1 Individual Attorney in Fact Trustee Guardian or Conservator Trustee i 1 Guardian or Conservator I Other: i _i Other: Signer Is Representing: - Signer Is Representing: ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 i / EXHIBIT "A" SECTION 29, TOWNSHIP 4 SOUTH, RANGE 5 EAST, SAN BERNARDINO BASE AND MERIDIAN. PARCEL 1: THE WEST 1/2 OF THE SOUTH 1/2 OF LOT 20 IN SECTION 29,TOWNSHIP 4 SOUTH, RANGE 5 EAST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CATHEDRAL CITY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP OF PALM VALLEY COLONY LANDS ON FILE IN BOOK 14 PAGE 652, OF MAPS, SAN DIEGO COUNTY RECORDS. PARCEL 2: THE EAST 1/4 OF THE SOUTH 1/2 OF LOT 20 IN SECTION 29, TOWNSHIP 4 SOUTH, RANGE 5 EAST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN ON MAP ON FILE IN BOOK 14, PAGE 652 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA. EXCEPTING THEREFROM THE SOUTHERLY 330 FEET THEREOF. Page 1 of 1 • „. . EXHIBIT "B" PORTION OF LOT 20 OF M.B. 14/652, S.D. CO. SECTION 29, TOWNSHIP 4 SOUTH, RANGE 5 EAST, NORTH SAN BERNARDINO BASE AND MERIDIAN. 0 100' 200' l<' SCALE: 1"=100' "J � 1 CAREY ROAD NI"'1 \ Go . (-,o o . \ �� / PARCEL 2 \, PER DOC. 2015-0147148 REC. 4/13/2015 CI Q O PARCEL 1 PER DOC. W 201 5-01 471 48 I W REC. 4/13/2015 i 1 U PARCEL PER DOC 2014-0127707 REC. 4/8/2014 O.R. LOT 1 MB 216/86-87 I LOT 2 -------ri I MB 216/86-87 I I I _ JONES ROAD NOTE: THERE MAY BE EASEMENTS OF RECORD WITHIN THE SUBJECT PROPERTY THAT ARE NOT SHOWN HEREON.