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PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:
(Owner)
AND WHEN RECORDED MAIL TO:
CITY OF CATHEDRAL CITY - CITY ENGINEER
68700 AVENIDA LALO GUERERRO
CATHEDRAL CITY, CA 92234
2018-0142492
04/12/2018 04:29 PM
***Customer Copy Label***
The paper to which this label is affixed
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f i led/recorded document
Peter Aldana
County Of Riverside
Assessor -County Clerk -Recorder
Covenant for Water Quality Management Plan and Urban Runoff
Best Management Practices Transfer, Access and Maintenance
Owner:
63 MAXX Development Cathedral City LLC
Property Address: PM 30726 East Date Palm Drive
659-230-003 & 004 & 009 & 010 & 039 & 660-390-024
APN:
WHEREAS, 63 MAXX Development Cathedral City 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
63 MAXX Development 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:
City of Cathedral City
Attn: City Manager
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
IF TO OWNER:
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 ',T day of %rot*A- t Ukcg
[All owners of record must sign.]
OWNER:
63 MAXX Development Cathedral City LLC
OWNER:
(Owner's name) (Owner's name)
(Signature) (Signature)
Benjamin Hoskins, LLC Manager
(Name & Title) (Name & Title)
63 MAXX Development Cathedral City LLC
(Company)
(Company)
NOTARIES ON FOLLOWING PAGES
ACKNOWLEDGEMENT FOR OWNER
State of California
County of UWK��6 )
On 1\4\ WI c1n 'L1. `LO\%
, before me....144, \Q»& \I pk\&Qv, a
notary public, personally appeared lhrw.. -. i\OSVint , who proved to
me on the basis of satisfactory evidence to be the person(a) whose name() is/ae
subscribed to the within instrument and acknowledged to me that he/sisiieg executed
the same in his/MOM& his/MOauthorized capacity(ar r), and that by his/'e,8lreir signatures)
on the instrument the person,(aj, or the entity upon behalf if which the person(o) 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.
\*)4
Signature
(SEAL)
SELENE VALOEZ
'Commission dE 2082501
Notary Public - California I
Riverside County
Comm, Expire# Oct 18, 2018
CALIFORNIA ALL- PURPOSE
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 California }
County of CLvtre
On ti�ktidtk tit 20\`b before me,
}
(Here erE nam can t e o dotiicer� r L
personally appeared Vt v‘s sc vu A. _. 4 oSk‘vIS
who proved to me on the basis of satisfactory evidence to be the person( whose
name(S is/ subscribed to the within instrument and acknowledged to me that
he/ailrliiln , executed the same in his/ijllillllpir authorized capacity(li*, and that by
hiSLir signature(** on the instrument the person(, or the entity upon behalf of
which the person( 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.
WITNESS my hand and official seal.
Nota ly PubIf ignature
•
ADDITIONAL OPTIONAL INFORMAT
(Notary Public Seal)
SELENE VALDEt
Commission *2082501
Notary Public - Calderon
Riverside County
Comm. Expires Oct 18.2(
DESCRIPTION OF THE ATTACHED DOCUMENT
ooahRh S • �1 Yi.� r.' ► tiW
(Titre or description of attached document)
(Title or description of attached document continued)
Number of Pages \ Document Date 03.2.1 •\ bo
ON
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
❑ Attorney -in -Fact
❑ Trustee(s)
Other U.0 l!
INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary wording and,
if needed, should be completed and attached to the document. Acknowledgments
from other states may be completed for documents being sent to that state so long
as the wording does not require the California notary to violate California notary
law.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
he/she/they, is /aee) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
• Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number of pages and date.
• Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document with a staple.
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RECORDING REQUESTED BY:
INGE COAST TITLE COMPANY
MAIL TAX STATEMENTS TO AND
WHEN RECORDED MAIL TO:
63 Maxx Development Cathedral City, LLC
C/0 Selene Valdez
77-933 Las Montanas Rd. Ste. 101
Palm Desert, CA 92211
of DQCUment Records
d as No 7-aty "tee
-.166v
has not bash ' ?
original.
RIVERSIDE COUNTY CALIFORNIA
The undersigned Grantor(s) declare that the Documentary
Transfer Tax is: $1,188.00 City Transfer Tax $0.00
XXX Computed on the full value of the Interest of property conveyed, or
_ Computed on the full value less the value of liens or encumbrances remaining thereon at the time of sale
_Or transfer is EXEMPT from tax for the following reason:
Unincorporated Area of Whittier XX City of: Cathedral City
—1 -RA ,$-
APN: 659-230-003, 004,009,010,039& 660-390-024
TITLE ORDER NO.: 140-1861364-66
ESCROW NO.: 1861364 -CH
GRANT DEED
(Title of Document)
MAIL TAX STATEMENTS AS SHOWN ABOVE
RECORDING REQUESTED BY:
ORANGE COAST TITLE CO.
WHEN RECORDED MAIL DOCUMENT AND TAX
STATEMENT TO:
63 MAXX Development Cathedral City, LLC,
Vacant Land 22,74 Acres West & East
Cathedral Cty, CA 92234
0/4- Of
APN: 659-230-003 &0048,009&010&039 & 660-390-024
TITLE ORDER. NO.: 140-1861364-66
ESCROW NO.: 1861364A -CH
THIS SPACE FOR RECORDER'S USE ONLY
GRANT DEED
The undersigned Grantor(s) declare(s) that the DOCUMENTARY TRANSFER TAX IS: $1,188.00 County
XX computed on the full value of the interest of property conveyed, or
computed on the full value less the value of liens or encumbrances remaining thereon at the time of sale.
OR transfer Is EXEMPT om tax for the following reason:
Orange Coast Title
Signature of declarant or agent de ermining tax
Firm Name
FOR A VALUABLE CONSIDERATION, receipt of which Is hereby acknowledged, 101223289 Saskatchewan LTD
HEREBY GRANT(S) to 63 MAXX Development Cathedral City, LLC, a Wyoming Limited Liability Company
Ali that real property situated in the City of Cathedral Cty, County of RIVERSIDE, State of California, described as:
LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT"A"
:ornmonty��K,,��nownn As: Vacant Land 22,74 Acres West & East Date Palm Drive, Cathedral Cty, CA 92234
September; 2017 Q►SIKAre
c)fit,, 101223289 Saskatchewan
AR . ,:.�
orate)
e d / By
A notary public or other officer completing this
attached and not the truthfulness accura or valid oftAat
mate ven
sony
C>. R1" Ja es Co , Authorized Signer
nt
e identity of the Individual
CTATC-eFeAtiFERNIA CANADA
`efatNfi"-eF fRWINce ep SAS ICATL1itSNAN
On Sots etrber L 5, 2017 , before me, kir sten J. Re marchia .
o signed the document to which this certificate Is
Proven a+ SA&I +ch,w& be'h9 a1°116$lur)
personailyappeared Rick 3.1 'Ines
Caurf
who proved to me on the basis of satisfactory evidence to be the person(s) whose names) Is/are subscribed to the within Instrument and
acknowledged to me that he/she/they executed the same In his/her/their authorized capaclty(les), and that by his/her/their signature(s) on
the Instrument the person(s), 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.
WITNESS my hand and official seal.
Signature
, a Notary Public (In and for the
(SEAL)
Plait ir
i , R • Shavvh Smi'tl, o, C ween s Bench
,E,44tiefor the Province Cr( SASkQi-ch?wah
hereby ce►-ti(i) phut KtrSin �.
}.ernc4rhuk•
MAIL TAX STATEMENTS AS DIRECTED ABOVE
CERTIFICATION
Pursuant to the provisions of Government Code 27361.7, I certify under the penalty of perjury that
the following is a true copy of illegible wording found in the attached document: (Print or type the
page number(s) and wording below): Date: Signature: Print
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
DATE: November 1, 2017
NAME: Laura A. Gruntz
SIGNATURE:
Exhibit"A"
Parcel 1:
Order No. 140-1861364-66
That portion of Government Lot 65, Section 34, Township 3 South, Range 5 Bast, San Bernardino Base and Meridian, according to
United States Government Survey thereof, lying Northeasterly of the Northeasterly line of Date Palm Drive, conveyed to the County
of Riverside by deed recorded April 22, 1964 as Instrument No. 49595, of Official Records.
Excepting therefrom, that portion conveyed to Southern California Edison Company In deed recorded March 25, 1977 as Instrument
No. 49934, of Official Records,
Also excepting therefrom, all oil, gas and other mineral deposits, together with the right to prospect for, mine, and remove the same,
according to the provisions of the act of congress approved June 1, 1938 (52 Stat. 609), as reserved In the patent recorded June 20,
1960 as Instrument No. 54491, of Patents, records of Riverside County,
(APN, 659-230-039)
Parcel 2:
Those portions of Government Lots 65 and 66 of Section 34, Township 3 South, Range 5 East, San Bernardino Base and Meridian,
according to United States Government Survey thereof; lying Southeasterly of the Southeasterly line of Date Palm Drive, conveyed
to the County of Riverside by deeds recorded April 14, 1964, as Instrument No. 46109 and April 22, 1964 as Instrument No. 49595,
both of Official Records,
Excepting therefrom, all oil, gas and other mineral deposits, together with the right to prospect for, mine, and remove same,
according to the provisions of the Act of Congress approved June 1, 1938 (52 Stat 609), as reserved in United States Patents recorded
December 14, 1959 as Instrument No. 105806, June 20, 1960 as Instrument No, 54491 and March 23, 1964 as Instrument No, 35924
all ofOfficial Records.
(APN: 659-230-004)
Parcel 3:
Those portions of Government Lots 66 and 67 of Seotion 34, Township 3 South, Range 5 East, San Bernardino Base and Meridian,
according to United States Government Survey thereof, lying Northwesterly of the Northwesterly line of Data Palm Drive, conveyed
to the County of Riverside by deeds recorded April 14. 1964 as Instrument No 46109 and April 22, 1964 as Instrument No, 49596
both of Official Records,
Excepting therefrom, that portion lying Northeasterly of the Southwesterly line of Varner Road.
Also excepting therefrom, all oil, gas and other mineral deposits, together with the right to prospect for, mine, and remove same,
according to the provisions oldie Act of Congress approved June 1, 1936 (52 Stat. 609), as reserved in United States Patents
recorded December 14, 1959 as Instrument No. 105806, June 20, 1960 as Instrument No. 54491 and March 23, 1964 as Instrument
No. 35924 all of Official Reoords,
(APN: 659-230-003)
Parcel 4:
Government Lot 67 of Section 34, Township 3 South, Range 5 East, San Bernardino Base and Meridian,
Government Survey thereof.
Excepting therefrom, that portion lying within Date Palm Drive, conveyed to the County of Riverside by
1964 as Instrument No. 49596, of Official Records.
Also excepting therefrom, that portion lying within Varner Road.
Also excepting therefrom, that portion lying Northwesterly of Date Palm Drive,
Page 13
according to United States
deed recorded April 22
This is Exhibit "A" referred to in the Grant Decd, sworn
before me at the City of Saskatoon, in the Province of
Saskatchewan, this 25th day of September, 2017
A Notary Public
Being a Solicitor
i"2
Or
er No.
Mao excepting therefrom, all oil, gas and other mineral deposits, together with the right to prospect for, mune, and remove the same,
according to the provisions of the Act of Congress approved June 1, 1938 (52 Stat. 609). as reserved in patent recorded December 14,
1959 as Instrument No. 105806, of Patents, records of Riverside County.
(APN: 659-230-009 and -010)
Parcel 5:
The Southeast quarter of the Southeast quarter of the Southeast Quarter of Section 33, Township 3 South, Range 5 East of the San
Bernardino Meridian, In the City of Cathedral City, County of Riverside, State of California.
(Said land is created and described as Adjusted Parcel B in that certain Certificate of Compliance
recorded November 1, 2002 as Instrument No. 02-628165, of Official Records.)
(APN: 660-390-024)
Page 14
2/2
EXHIBIT B
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