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County of Riverside
City of Rancho Mirage Peter Aldana
Assessor-County Clerk-Recorder
' IIIANtatni
ttn: City Clerk Office �III15!L �
69-825 Highway 111
Rancho Mirage, California 92270
APN: 670-080-016
11
(SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE)
(Exempt from recording fees pursuant to Government Code Sections 6103 and 27383)
RESTRICTIVE USE COVENANT
FOR PUBLIC PARKLAND USES
(2007 MEMORANDUM OF UNDERSTANDING)
This Restrictive Use Covenant for Public Parkland Uses ("Covenant") is
made this VIt day of NOVe(M 9e r, 2018, by the City of Cathedral City, a
municipal corporation located in the County of Riverside. State of California
("Declarant").
RECITALS
WHEREAS, Declarant is the owner of that certain real property located in
the City of Cathedral City. California, as more particularly described in Exhibit "A,"
attached hereto and incorporated herein by this reference (the "Property"); and
WHEREAS, Declarant and the City of Rancho Mirage ("Rancho Mirage"). a
municipal corporation located in the County of Riverside. State of California,
entered into that certain Memorandum of Understanding, dated October 23. 2007
("MOO, a copy of which is attached hereto and incorporated herein by this
reference as Exhibit "B": and
WHEREAS, Section 7(a) of the MOU required Declarant to record a
restrictive use covenant against the Property that restricts use of the Property to
public parkland uses, for the benefit of Rancho Mirage; and
WHEREAS, Declarant has heretofore committed to record the restrictive use
covenant against the Property and now desires to do so.
COVENANT
NOW THEREFORE in consideration of the foregoing. Declarant hereby
covenants:
1. Recitals. The above Recitals are true and correct and are
incorporated herein by this reference.
2. Recording Covenant. The Property shall be used and maintained
subject to the restrictions and obligations as set forth in this Covenant, which shall
be recorded against it.
3. Property Use Restriction for Public Parkland. Declarant and any and
all subsequent owners of the Property shall restrict use of the Property for public
parkland purposes. for the benefit of Rancho Mirage.
4 Term. The term of this Covenant shall last into perpetuity.
5. Covenants to Run with the Land. All conditions, covenants, and
restrictions contained in this Covenant shall be covenants running with the land,
and shall inure to the benefit of any owner's successors, assigns, heirs and/or
devisees and shall also, in any event, and without regard to technical classification
or designation, legal or otherwise, be, to the fullest extent permitted by law and
equity, binding for the benefit and in favor of and enforceable by Rancho Mirage
and its successors and assigns. against Declarant, its successors. assigns, heirs
and/or devisees to the Property or any portion thereof or any interest therein, and
any party in possession or occupancy of the Property or portion thereof. The rights
and remedies of Rancho Mirage hereunder are cumulative, and the exercise by it
of one or more of its rights or remedies shall not preclude the exercise by it. at the
same or different times, of any other rights or remedies for the same default or any
other default by Declarant. It is intended and agreed that Rancho Mirage shall be
deemed the beneficiary of the covenants provided hereinabove for the purposes
of protecting the interests of the community. All covenants without regard to
technical classification or designation shall be binding for the benefit of Rancho
Mirage and such covenants shall run in favor of Rancho Mirage for the entire period
during which such covenants shall be in force and effect. Rancho Mirage shall
have the right, in the event of any breach of any such covenant, to exercise all the
rights and remedies, and to maintain any action at law or suit in equity or other
proper proceedings to enforce the curing of such breach of covenant.
6. Amendment to Covenant. No modification, rescission, waiver,
release or amendment of any provision of this Covenant shall be made without the
express written consent of Rancho Mirage.
7. Attorneys' Fees and Costs. In the event that any action is instituted
to enforce payment or performance under this Covenant, the prevailing party shall
be entitled to recover its costs, including expert witness fees and reasonable
attorneys' fees, and any judgment or decree rendered in such action or proceeding
shall include an award thereof.
8. Severability. The Section headings are for purposes of convenience
only, and shall not be construed to limit or extend the meaning of this Covenant.
Each provision of this Covenant shall be severable from the whole. If any provision
of this Covenant shall be found contrary to law, the remainder of this Covenant
shall continue in full force.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
WHEREFOR, this Covenant was executed on the date first written above.
DECLARANT:
CITY OF CATHEDRAL CITY
ora;di,,,PL / ,/
Charlie McClendon, City Manager
hwr �5 Yl(le_C-1 eh doi)
[Signature must be notarized]
ATTEST:
Gary F Howell, City C = k
APPROVED AS TO FORM:
Eric S. Vai , City Attorney
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 e(,{ i \f o Y'1 ICI )
)
County of VI 1 Vt'1(.5►C\, )
On t\bi1V1l ✓ 14120 before me, I YC►re V MCI vi;v'y? N viz i vl, Pu lA
Dateere`Insert Name and Title of the Officer
personally appeared ('X i V I i k�Ll 6
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the
person(sy whose name(sj/is/asubscribed to the within
instrument and acknowledged to me that he/sj(e/thgy executed
the sa a in his/h. r/they- authorized capacity(ip4, and that by
TRACEY R.MARTINEZ
fihis/he hey-signature(s,'on the instrument the personfs), or the
Commission#2104537 entity upon behalf of which the person(s�acted, executed the
z iNotary Public-CaliforniaCaliforniainstrument.
z , Rivarsids County
4tJ
M Comm.Ex ins 21,2019 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.
SignatuF ii .e. C°bCt� /(14---(--Z
Place Notary Seal Above
1892181.7
21469-930
EXHIBIT "A"
DESCRIPTION OF THE PROPERTY
SEE ATTACHED
LEGAL DESCRIPTION
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
THAT PORTION OF SECTION 11, TOWNSHIP 4 SOUTH, RANGE 5 EAST,
SAN BERNARDINO MERIDIAN, IN THE CITY OF CATHEDRAL CITY, COUNTY
OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY UNITED STATES
GOVERNMENT SURVEY, LYING SOUTHWESTERLY OF THE
SOUTHWESTERLY LINE OF THE 200 FOOT RIGHT OF WAY OF THE SOUTHERN
PACIFIC RAILROAD COMPANY. EXCEPT THAT PORTION DESCRIBED IN THE
DEED TO JAMES E. BRYCE AND HELEN M. BRYCE, AS TRUSTEES FOR THE
BRYCE FAMILY REVOCABLE TRUST DATED NOVEMBER 21, 1989, RECORDED
DECEMBER 28, 1989 AS INSTRUMENT NO. 454500 OFFICIAL RECORDS. APN:
670-080-016-0
EXHIBIT "B"
2007 MOU
SEE ATTACHED