The URL can be used to link to this page

Home My WebLink AboutDeed 1341 I 3�( I � ' � DOC # 2010-0097974 � 1341 03/03/2010 08:00A Fee:36.00 Page 1 of 8 � RECORDING REQUESTED BY ) Recorded in Official Records AND WHEN RECORDED MAIL TO: ) County of Riverside Larry W. Ward � Assessor, County Clerk 8, Recorder Redevelopment Agency of the ) I IIIIII IIIIIII City of Cathedral City ) III IIIIII IIIII IIIII IIIIII III IIIII IIII IIII 68-700 Avenida Lalo Guerrero � ` Cathedral City, CA 92234 S R U PAGE SIZE DA MISC LONG RFD COPY Attn: Redevelopment Director 1 � M A L 465 426 PCOR NCOR SMF NCHG EXAM � T: CTY UNI � I � DECLARATION OF REDEVELOPMENT COVENANTS C (Staybridge) 810 THIS DECLARATION OF REDEVELOPMENT COVENANTS (this "Declaration") is made on Februarya 26 2010, by CATHEDRAL HOTEL GROUP, L.P., a California limited partnership, and - CATHEDRAL GROUP, LTD., a Texas Limited Partnership (collectively "Declarant"), with respect to certain real property located in the City of Cathedral City, County of Riverside, California, as more fully described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"). � WHEREAS, the Declarant is the fee simple owner of the Property; and WHEREAS, the Declarant and the Redevelopment Agency of the City of Cathedral City (the "Agency") have entered into that certain Loan Agreement dated contemporaneously herewith (the "Loan Agreement"); and WHEREAS, Community Redevelopment Law requires the imposition of certain covenants in situations where a redevelopment agency is involved in a transaction; and WHEREAS, the Declarant desires this Declaration to serve as the instrument to impose said covenants. NOW THEREFORE, the Declarant declares that the Property described above is held and will be held, transferred, encumbered, used, sold, conveyed, leased and occupied subject to the covenants, restrictions and limitations set forth in this Declaration. All of the restrictions, covenants and ? limitations will run with the land and will be binding on all parties having or acquiring any right, title or interest in the Property described above or any part thereof, and to any improvements located thereon, and will inure to the benefit of the Agency. Each grantee of a conveyance or purchaser under a contract or agreement of sale covering any right, title or interest in any part of the Property, by accepting a deed or a contract of sale or agreement of purchase, accepts the document subject to, and agrees to be bound by, any and all of the restrictions, covenants and limitations set forth in this Declaration. 1. Capitalized Terms. All capitalized terms not otherwise defined herein shall have the same meaning ascribed to them by the Loan Agreement, unless the context clearly indicates a different meaning. � � � �, � 2. Redevelopment Covenants. The covenants which shall bind the Property and � the improvements thereon are as follows: (a) There shall be no discrimination against or segregation of any person, or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of "the Government Code, or on the basis of domestic partnership status or arrangement, or on the basis of sexual orientation, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property; nor shall the Declarant, itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessee or vendees of the Property. This covenant shall remain in effect � without limitation as to time. � (b) Notwithstanding the immediately preceding paragraph, with respect to familial status, the immediately preceding paragraph shall not be construed to apply to housing for older _ persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in the immediately preceding paragraph shall be construed to affect Sections 51.2., 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil Code and subdivisions (n), (o) and (p) of Section 12955 of the Government Code shall apply to the immediately preceding paragraph. � (c) The Declarant covenants and agrees for itself, its successors, its assigns, and every successor in interest to the Property, or any part thereof, that the Declarant, such successors and such assigns shall maintain in good condition the improvements on the Property, shall keep the Property free from any accumulation of debris or waste material, subject to normal construction job-site conditions, and shall maintain in a neat, orderly, healthy and good condition any landscaping. In the event the Declarant, or its successors or assigns, fails to perform the maintenance as required herein, the Agency and/or the City shall have the right, but not the obligation, to enter the Property and undertake, such maintenance activities. In such event, the Participant shall reimburse the Agency and/or City for all reasonable sums incurred by it for such maintenance activities. (d) All of the foregoing covenants shall run with the land, and shall inure to the benefit of and be enforceable by the Agency, and its successors and assigns. (e) The covenants set forth in this Declaration shall run in favor of the Agency, and shall be in effect without regard to whether the Agency has at any time been, remains, or is an owner of any land or interest therein to which these covenants relate. In the event of any breach of these covenants, the Agency shall have the right to exercise all the rights and remedies available at law or in equity to enforce the curing of such breach. 3. Amendments. This Declaration may only be amended in writing by an � instrument signed by the authorized representative of the Agency and the then record owner or owners � of the Property. � �� I IIIIII IIIIIII III IIIIII IIIII IIIII IIIIII III IIIII IIII IIII 03 0 010 0 0�0�8?00R � � � _ � � j 4. Severabilitv. If any provision of this Declaration shall be invalid, inoperative or � unenforceable as applied in any particular case, in any jurisdiction or jurisdictions or in all jurisdictions, � or in all cases because it conflicts with any other provision or provisions hereof or any Constitution or Statute or rule of public policy, or for any other reason, such circumstances shall not have the effect of rendering the provisions in question inoperative or unenforceable in any other case or circumstance, or of rendering any other provision or provisions herein contained invalid, inoperative, or unenforceable to any extent whatsoever. The invalidity of any one or more phrases, sentences, clauses or sections contained in this Declaration shall not affect the remaining portions of this Declaration or any part hereof. 5. Headin�s. The section headings are not part of this Declaration and will not � affect the interpretation of any provisions hereof. � 6. Time of the Essence. In each provision of this Declaration which states a speci�c amount of time within which the requirements thereof are to be satisfied or are to persist, time shall be deemed to be of the essence. _ � ; 7. Notices. Any notice required to be given hereunder shall be given by personal � ' delivery or by registered or certified mail at the addresses speci�ed below or at such other addresses as � � may be specified in writing by the parties hereto: Notice shall be deemed given three (3) business days after the date of mailing, or, if personally delivered, when received. A party's address for notice may be changed by giving notice to the other party in the manner set forth above and indicating the new address for notice. {SIGNATURES APPEAR ON FOLLOWING PAGE] � � � � 3 � i `� � I IIIIII IIIIIII III IIIIII IIIII IIIII IIIIII III IIIII IIII IIII e� 9 01a 0 a $e?�er� � IN WITNESS WHEREOF Deciarant has execute hi � , d t s Declaration on the date first wntten , above, � E "DECLARANT" � i � CATHEDRAL HOTEL GROUP, L.P. a California limited partnership � By its General Partner, CATHEDRAL HOTEL GROUP, Ltd. a Texas limited liability partnership � � By: M Nasr—General Partner CATHEDRAL GROUP LTD. A Texas limited partnership By: Cathedral Group Management, LLC, A Texas limited liability company, for itself and as a General Partner of Cathedral Hotel Group, LP By: _ oe Nasr, Its Manager 1 � � � � CATH\0006 � � 4 � IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 03/61�0 69s8?00fi � EXHIBIT "A" LEGAL DESCRIPTION � HOTEL LAND a � � � PARCEL "H": ° BEING A MERGER OF ALL OF LOTS 8, 9, 10, 11, "J", AND "K" OF TRACT NO. 26598-1 AS FILED IN MAP BOOK 242 AT PAGES 14 THROUGH 17, RECORDS OF RIVERSIDE COUNTY, AND PARCEL 1 OF LOT LINE ADJUSTMENT 08-449 AS DESCRIBED IN THE CERTIFICATE OF COMPLIANCE RECORDED ON DECEMBER 1, 2008, AS INSTRUMENT NO. 2008— � 0630881, RECORDS OF RIVERSIDE COUNTY AND PARCEL "A" OF LOT LINE ADIUSTMENT 08-450 AS DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED ON DECEMBER 1, 2008 AS INSTRUMENT NO. 2008-0630882 AND PARCEL "X" OF LOT LINE ADIUSTMENT NO. 08-451 AS DESCRIBED IN THE CERTIFICATE OF COMPLIANCE RECORDED ON DECEMBER 1, 2008, AS INSTRUMENT NO. 2008-0630883, ALL IN THE RECORDS OF RIVERSIDE COUNTY, TOGETHER WITH THE WESTERLY 131.88 FEET OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 4 SOUTH, RANGE 5 EAST, SAN BERNARDINO MERIDIAN ALL MORE PARTICULARLY BESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 11 OF SAID TRACT N0. 26598-1, SAID CORNER BEING ON A NONTANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 33,000.00 FEET, A RADIAL BEARING � PASSING THROUGH SAID POINT BEARS NORTH 68° 14' 31: EAST; � � THE FOLLOWING THREE COURSES BEING ALONG THE WESTERLY AND NORTHERLY LINES OF SAID LOT 11: THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00° 43' 27" AND A LENGTH OF 417.09 FEET; THENCE NORTH 67° 30' S2" EAST A DISTANCE OF 105.45 FEET; THENCE NORTH 00° 03' 08" EAST AND A LENGTH OF 45.21 FEET TO A POINT ON THE SOUTHERLY LINE OF LOT "K" ' OF SAID TRACT NO. 26598-1, SAID POINT BEING ON A NONTANGENT CURVE CONCAVE NORTHERLY AND HAVING A � RADIUS OF 38.00 FEET, A RADIAL BEARING PASSING THROUGH SAID POINT BEARS SOUTH 18° 27' 39" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 29° 14' S4" AND A DISTANCE OF 19.40 FEET TO THE SOUTHEAST CORNER OF LOT 13 OF SAID TRACT NO. 26598-1; € THE FOLLOWING TWO COURSES BEING ALONG THE SOUTHERLY AND WESTERLY LINES OF SAID LOT 13: THENCE NORTH 89° 56' S2" WEST A DISTANCE OF 121.35 FEET TO THE SOUTHWEST CORNER OF SAID LOT 13, SAID CORNER BEING ON A NONTANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 33,000.00 FEET, A RADIAL BEARING PASSING THROUGH SAID CORNER BEARS NORTH 67° 20' 14" EAST; ; THENCE ALONG SAID CURVE AND WESTERLY LINE OF SAID LOT 13 THROUGH A CENTRAL ANGLE OF 01° 20' 14" AND A LENGTH OF 770.18 FEET TO THE SOUTHWEST CORNER OF LOT 3 OF SAID TRACT NO. 29076-1; THE FOLLOWING TWO COURSES BEING ALONG THE SOUTHERLY LINE OF SAID TRACT NO. 29076-1: THENCE NORTH 49° 41' 39" EAST A DISTANCE OF 62.41 FEET TO A POINT ON A NONTANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 63.00 FEET, A RADIAL BEARING PASSING THROUGH SAID POINT BEARS SOUTH 21° 30' 00" WEST; � A —1 � L� � . IIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0� 0�1�910�88?00Fi � ' �. � , � � THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 21° 26' S2" AND A LENGTH OF 23.58 FEET TO THE SOUTHWEST CORNER OF LOT "A" OF SAID TRACT N0. 29076-1; � THENCE SOUTH 89° 56' S2" EAST ALONG THE SOUTHERLY LINE OF SAID TRACT NO. 29076-1 AND ITS EASTERLY � ; EXTENSION A DISTANCE OF 420.67 FEET TO A POINT ON THE WESTERLY LINE OF LOT 8 OF SAID TRACT NO. 26598- 1, SAID POINT BEING ON A NONTANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 36.00 FEET, A RADIAL BEARING PASSING THROUGH SAID POINT BEARS SOUTH 67° 03' 45" EAST; � THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22° 53' 07" AND A LENGTH OF 14.38 FEET; THENCE SOUTH 89° 56' S2" EAST ALONG THE NORTH LINE OF SAID LOT 8 A DISTANCE OF 9.00 FEET TO THE EASTERLY LINE OF SAID TRACT NO. 26598-1; THENCE NORTH 00° 03' 08" EAST ALONG SAID EASTERLY LINE OF TRACT NO. 26598-1 A DISTANCE OF 764.38 FEET TO THE SOUTHERLY RIGHT OF WAY OF 30 AVENUE; THENCE NORTH 89° 38' 17" EAST ALONG SAID RIGHT OF WAY A DISTANCE OF 131.88 FEET; THENCE SOUTH 00° 03' 08" WEST A DISTANCE OF 621.99 FEET; THENCE SOUTH 89° 39' 45" WEST A DISTANCE OF 45.94 FEET; THENCE SOUTH 00° 03' 08" WEST A DISTANCE OF 1324.00 FEET; THENCE SOUTH 89° 42' 29" WEST A DISTANCE OF 85.94 FEET TO THE EASTERLY LINE OF SAID LOT 11 OF TRACT NO. 26598-1; ; THENCE SOUTH 00° 03' 08" WEST ALONG SAID SOUTH LINE A DISTANCE OF 57.75 FEET TO THE MOST SOUTHERLY CORNER OF SAID LOT 11 AND THE POINT OF BEGINNING. CONTAINING 497,894 SQ. FT. MORE OR LESS (11.43 AC.) ASSESSOR PARCEL N0. 677-401-001, 002, 059, AND A PORTION OF 058; 677-510-007, 008, 009, 010, AND PORTIONS OF 013 AND 025; 677-510-018; 677-522-018 AND A PORTION OF 677-522-017. /// 677-401-002 677-401-059 677-401-058 677-510-008 677-510-009 677-510-010 A -2 �� , Pa16 I III IIIIII IIIII IIIII IIIIII III IIIII IIII 0.,, 0. 0$:06F IIII 6 0£ 8 . LEGAL DESCRIPTION CONDOMINIUM LAND LOTS 1 THROUGH 4, INCLUSIVE, AND LOT "B" OF TRACT NO. 29076-1, IN THE CITY OF CATHEDRAL CITY, - COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 410, PAGES 67 AND 68 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. � TOGETHER WITH LOT 7 OF TRACT NO. 26598-1 AS SHOWN BY MAP ON FILE IN BOOK 242 AT PAGES 14 THROUGH 17, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. � TOGETHER WITH THOSE PORTIONS OF LOT "A" OF SAID TRACT NO. 29076-1 AND LOT "I" OF SAID TRACT N0. 26598-1, MORE PARTICULARLY DESCRIBED RESPECTIVELY AS PARCELS "AA" AND "II" OF LOT LINE f ADJUSTMENT N0, 08-449, AS DESCRIBED IN THE CERTIFICATE OF COMPLIANCE RECORDED ON DECEMBER 1, 2008, AS INSTRUMENT NO. 2008-0630881 IN OFFICIAL RECORDS OF RIVERSIDE COUNTY, ' CALIFORNIA. ASSESSOR PARCEL NUMBERS 677-510-006, 021, 022, 023, 024, AND PORTIONS OF 013 AND 025, PER ` ASSESSOR MAP PAGE 677-51, DATED APRIL 2007. 677-510-021 677-510-022 677-510-023 677-510-024 � 677-510-013 677-510-025 A - 3�,� IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 03 0�1�010 . � � STATE OF TEXAS ) � ) COUNTY OF HARRIS ) � On March 1, 2010 before me, Belinda Cobbs, Notary Public, personally appeared Moe Nasr who � _ proved to me on the basis of satisfactory evidence, to be the person whose name is subscribed to the � - within instrument and acknowledged to me that he executed the same in his authorized capacity, and � that by his 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. ( SIGNATURE OF NOTARY � BELINDA COBBS : . . _ . ��7�, r�y �. scare a r� �� My Cortxrnssbn Exp�es Oa-12•2011 � . ,�"'� l�"'r; _ .: ...._ . _ � � � � � � I IIIIII IIIIIII III IIIIII IIIII IIIII IIIIII III IIIII IIII IIII 0ti 0 1$0�10 � �