HomeMy WebLinkAboutRecorded Doc 2020-021 - ':2 (
DOC # 2020-0369652
08/13/2020 01:48 PM Fees: $107.00
Page 1 of 7
Recorded in Official Records
County of Riverside
Peter Aldana
Assessor-County Clerk-Recorder
PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY: **This document was electronically submitted
to the County of Riverside for recording**
Tower Real Estate Holdings Receipted by: MARIA#309
(Owner)
AND WHEN RECORDED MAIL TO:
CITY OF CATHEDRAL CITY-CITY ENGINEER
68700 AVENIDA LALO GUERERRO
CATHEDRAL CITY,CA 92234
Covenant for Street Light Maintenance
Owner: Tower Real Estate Holdings
Property Address: 33447 Date Palm Drive, Cathedral City, CA 92234
APN: 680-412-004, 005, 006, 007, 008, 009
WHEREAS, Tower Real Estate Holdings ("OWNER") 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
Tower Market#956 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;
PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:
Tower Real Estate Holdings
(Owner)
AND WHEN RECORDED MAIL TO:
CITY OF CATHEDRAL CITY-CITY ENGINEER
68700 AVENIDA LALO GUERERRO
CATHEDRAL CITY,CA 92234
Covenant for Street Light Maintenance
Owner: Tower Real Estate Holdings
Property Address: 33447 Date Palm Drive, Cathedral City, CA 92234
APN: 680-412-004, 005, 006, 007, 008, 009
WHEREAS, Tower Real Estate Holdings ("OWNER") 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
Tower Market#956 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.
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 ieteff k4 1 L 1ritc- Cthleti
Attn: City Manager SsciAgg
68-700 Avenida Lalo Guerrero l 0/3 1t). !go'
Cathedral City, CA 92234 in i ( qao
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 (`L day of /4-i4 20 2.0
[All owners of record must sign.]
OWNER: OWNER:
Tower Real Estate Holdings
(Owner's name) (Owner's name)
(Si atu e) (Signature)
John T. Rogers, Owner
(Name&Title) (Name&Title)
NOTARY ACKNOWLEDGEMENT
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�6 Artres
County of
I
On kulc.piSt III 103 ,before me�l�� c4a Petri 1 F Ta
notary public, personally appeare j Ut1n ft I rIt 1 i reVciAr ,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.
WITN and and official seal. PATRICIA HEBfE
aI .! : Commission No. 2171509
:-z,4":1 NOTARY PUBLIC-CALIFORNIA 2
LOS ANGELES COUNTr
Comm Expires NOyEAABER 12..2020
(SEAL)
'gnature
EXHIBIT A
(Legal Description)
Lots 64, 69, 70, and 71 of Rancho Vista Estates No. 2, a Subdivision of the E1/2 of the SE1/4 of the NE1/4,
the E1/2 of E1/2 of the SE1/4 and the SW1/4 of the SE1/4 of the SE1/4 of Section 21, T.4S, R.5E, S.B.B.& M.
EXHIBIT B
(Map/Illustration)
Jalsa„o OZOZ'90 6ny :pallold 6,np.sly6i1 laalS\S1181HX3\Oy3\6uuaauiOu3 lou,J£00Vl,O Ioipayloa g00\dnaG,(6,auj,a.nol f090\-�
. aco—
1 I
•
!
Z
ow or � wLL ~
1 � V
in
0 1-
ia� 4 � Y U/ o
2 m
7.
AIS / 0 Oce
-J a
U
-- ____ ` ) III W
0� - - - 11/16.- - - I-
I
_ \ (.n
-�' -
7
rj.... ,i _z/_,,
UN; - ”
.
N.
i
• To . .ub.
/ / /
Q //// / -CD : —
/
/
/
71,
�1 :.o: .,'.J
\\\ 1
►t_►./ /,\ \ ( )� jT 0
\ \ (__"4 ./
II -------C45/- ' Aill
/ ---------__
---- 9C li
/ r
/
_______j J
1 S
1 I s;
e p 1
. \ i' 20_<
W
-.N., ?"..--- AiA.r.'
�� — /111 n 1 z
'mom'
III Wvi
- - - Si .�
UZ
.. . .
:1 - EtZ
. o
---------„,,,,„ 1 7
VML
(. M