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HomeMy WebLinkAboutRecorded Doc 2015-088 PLEASE COMPLETE THIS INFORMATION 2015-0470261 2015-088 10/27/2015 08:21 AM Fee: $ 55.00 RECORDING REQUESTED BY: Page 1 of 11 Recorded in Official Records C'ee UQJlttaf'C.6, LLc-- County of Riverside Peter Aldana (Owner) Assessor-County Clerk-Recorder AND WHEN RECORDED MAIL TO: IIII L i Illi'Ii IIII lE 'III I CITY OF CATHEDRAL CITY-CITY ENGINEER R A Exam: e;p5 68700 AVENIDA LALO GUERERRO Page DA PCOR Misc Long RFD 1st Pg Adtl Pg Cert CC f) CATHEDRAL CITY,CA 92234 1 L ID I _ SIZE NCOR SMF NCHG T: Covenant for Water Quality Management Plan and Urban Runoff Best Management Practices Transfer,Access and 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") 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 responsibility 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 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 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. IN WITNESS HEREOF, the parties hereto have affixed their signatures as of this day of . [All owners of record must sign.] OWNER: Jones Cree Ventures, LLC A California Limited Liability Company By: Gonzalev�estments, LLC By: Bilt-More Developments LLC A Californi imiteki Liability Company A California Limited Liability Company Its: Managing ■ ehber Its: Managing Member Zie. 6Let W Oadcte-e- Mari J Gon ales, Managing Member Bill R Waddle,Managing Member NOTARIES ON FOLLOWING PAGES ACKNOWLEDGEMENT FOR OWNER State of California County of `` ) 4, E � t�l�cln/, �✓j7� On , before me , a notary public, personally appeared ,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. 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. (SEAL) Signature EXHIBIT A CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 Ct c-.,. . c- . c .mac c . .,i;. cam. c . . c . C c • . a!a.vm . . . ...r.. . . . .-w ../.. 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 Sid Q ) On 1016'IS before me, K402-r 14 G41Se—n, TOa1c..0 P4j0 1 ( , Date Here Insert Name and Title of the Officer personally appeared MaCi 0..\. Goa 24 Les cad Qi ll N_•cJacidi f R Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s1 whose name 4/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in la sf rer/their authorized capacity M,,and that by bislher/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 WITNESS my hand and official seal. a t0l Commission#2052600 Z Z Notary Public-California z �/ Z JII > Signature AL/rC. 7`rCcryc. .oyt, Riverside County M Comm.Ex fires Jan 16,2018+ 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: ii Q Tr\p Mo frie_nar.ce Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: H Corporate Officer — Title(s): I 1 Corporate Officer — Title(s): H Partner — ❑ Limited ❑ General ❑ Partner — H Limited I I General i_; Individual rl Attorney in Fact [_I Individual 1_l Attorney in Fact C'.Trustee ❑ Guardian or Conservator 1.1 Trustee H Guardian or Conservator I_l Other: l Other: Signer Is Representing: Signer Is Representing: Li:,t(ice✓i,✓,i.✓,i�✓.A.,.,✓,i.✓,ice✓,..'!i..✓i,✓i,,'!,ice'✓i ./..✓,,,i�✓i\y!i..✓i.✓.:�✓,i,✓,:�✓,i�✓.i<✓,...✓..✓,S,,,,,�✓i,iii,,i, ✓i,.'✓i,,,,,!i�✓,4,,✓,:,-'Si<✓,: .4:2,i�✓,i\,!i' ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 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 L . 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' ( SCALE: 1"=100' \ROAD N I (-5%1 \\<):s) . C)° . o� PARCEL 2 \, PER DOC. 201 5-01 471 48 REC. 4/13/2015 0 O PARCEL 1 ac PER DOC. W 201 5-01 471 48 REC. 4/13/2015 1 1 U {1 PARCEL PER DOC 2014-0127707 REC. 4/8/2014 O.R. LOT 1 MB 216/86-87 LOT 2 MB 216/86-87 JONES ROAD NOTE: THERE MAY BE EASEMENTS OF RECORD WITHIN THE SUBJECT PROPERTY THAT ARE NOT SHOWN HEREON. Whitewater River Region WQMP The District OWNER'S CERTIFICATION This project-specific Water Quality Management Plan(WQMP)has been prepared for: Jones Cree Ventures, L.L.C. for the project known as The District, at 67500 Jones Road, Cathedral City, CA 92234. This WQMP is intended to comply with the requirements of the City of Cathedral City for a proposed Design Review application, which includes the requirement for the preparation and implementation of a project-specific WQMP. The undersigned, while owning the property/project described in the preceding paragraph, shall be responsible for the implementation of this WQMP and will ensure that this WQMP is amended as appropriate to reflect up-to-date conditions on the site. This WQMP will be reviewed with the facility operator, facility supervisors, employees, tenants, maintenance and service contractors, or any other party (or parties) having responsibility for implementing portions of this WQMP. At least one copy of this WQMP will be maintained at the project site or project office in perpetuity. The undersigned is authorized to certify and to approve implementation of this WQMP. The undersigned is aware that implementation of this WQMP is enforceable under Water Quality Ordinance (Municipal Code Section 1.5.10 ). If the undersigned transfers its interest in the subject property/project, the undersigned shall notify the successor in interest of its responsibility to implement this WQMP. "I, the undersigned, certify under penalty of law that I am the owner of the property that is the subject of this WQMP, a a- at the provisions of this WQMP have been reviewed and accepted and that the WQMP will be tra 7 erred o future successors in interest." A coontct S .41\oeS{'M¢V■4s. «C or n, 1-424;l i+j C omPrwA.b ATTEST Ow er's ignature IY1OC Gonzales. 1/a.4././K- Owner's Printed Name Notary Signature Moa-v:1 Owner's Title/Position /arc') !74'2Se4 Printed Name 1p - 6- ►S n Date ere re cc,fia‹. "�/`C a;*ks t Title/Position 1O -' is Date THIS FORM SHALL BE NOTARIZED BEFORE ACCEPTANCE OF THE FINAL PROJECT SPECIFIC WQMP February 16, 2015 Whitewater River Region WQMP The District OWNER'S CERTIFICATION This project-specific Water Quality Management Plan(WQMP)has been prepared for: Jones Cree Ventures, L.L.C. for the project known as The District, at 67500 Jones Road, Cathedral City, CA 92234. This WQMP is intended to comply with the requirements of the City of Cathedral City for a proposed Design Review application, which includes the requirement for the preparation and implementation of a project-specific WQMP. The undersigned, while owning the property/project described in the preceding paragraph, shall be responsible for the implementation of this WQMP and will ensure that this WQMP is amended as appropriate to reflect up-to-date conditions on the site. This WQMP will be reviewed with the facility operator, facility supervisors, employees, tenants, maintenance and service contractors, or any other party (or parties) having responsibility for implementing portions of this WQMP. At least one copy of this WQMP will be maintained at the project site or project office in perpetuity. The undersigned is authorized to certify and to approve implementation of this WQMP. The undersigned is aware that implementation of this WQMP is enforceable under Water Quality Ordinance (Municipal Code Section 15.10 ). If the undersigned transfers its interest in the subject property/project, the undersigned shall notify the successor in interest of its responsibility to implement this WQMP. "I, the undersigned, certify under penalty of law that I am the owner of the property that is the subject of this WQMP, and that the provisions of this WQMP have been reviewed and accepted and that the WQMP will be transferred to future successors in interest." IA-7010e Oa-ve, op m�n'�s LL 1A- cat•;torai4 fed i<b l►} C'ameanc �j ATTEST Owner's Signature LJadcz f t Owner's Printed Name •! //f )--JL/1 Notary Signature re.ar cs. 41S mervv6er h�cirkse✓� Owner's Tit e/Position �'r� Printed Name Date Title/Position /d -6-/5 Date THIS FORM SHALL BE NOTARIZED BEFORE ACCEPTANCE OF THE FINAL PROJECT SPECIFIC WQMP February 16, 2015 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 -.rcScz4cStcS.cY cScY fdY c c erg csY ccc�s -,‹,, S S cs<',c C crcre t rcrccc c�ccr , K.A- cf >:rcrcrr�s 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 R i g -(S i c/Q ) On 10\t, I S before me, K4 cQ \ k c ( n, 11)atc f p c tic , Date Here Insert Name and Title of the Officer personally appeared MQf i o J. 60412-4 l ,S d i3 ii N_.(Jcac�ca Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(sl whose nameWAs/are subscribed to the within instrument and acknowledged to me that hefelie/tom executed the same in 1403 er/their authorized capacity ies , and that by bis,Lger/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 WITNESS my hand and official seal. a s., , Commission#2052600 1 €"'4 Notary Public-California v-9:44 Notary Riverside County D Signature M Comm.Ex fires,Ian 16,2018 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: 014.41e.f '5 Certi-P& &;oil 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 — LII Limited i_1 General I. I Partner — Limited ' I General Individual 1 Attorney in Fact 1 i Individual Attorney in Fact Trustee Guardian or Conservator I :Trustee ' Guardian or Conservator Other: 1 l Other: Signer Is Representing: Signer Is Representing: x.scc.,,x,Q'c.„,c v ..- -d.d..., .6,-.,-.,_ - - - , ;Q%c. ..x. Q°c. , . .%e,r_ c_x:,= .. ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 r