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PLEASF,COMPLETE THIS INFORMATION 2021-0312785
RECORDING REQUESTED BY:
05/21/2021 09:25 AM Fee; $ 117.00
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Page 1 of 7
Recorded in Official Records
(Owner) County of Riverside
Peter Aldana
AND WHEN RECORDED MAIL T0:
Assessor-County Clerk-RecorderESPNA111/MilCITY OF CATHEDRAL CITY-CITY ENGINEER IIII II
68700 AVENIDA LALO GUERERRO
CATHEDRAL CITY,CA 92234
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Covenant for Water Quality Management Plan and Urban Runoff
Best Management Practices Transfer,Access and Maintenance
Owner: g4fl'tc r / Loif. & s+ntss Pal'k,,TJc./ GarI1 k 6re.vor5ykn Ca
Property Address: ( Z OS I Ro.rr' Rb.. , esk-44arA c, � C k 9) 34
APN: (o$p - (9o - 038
WHEREAS, Roanon 'fe'.aQf 6sks ne_ssPa/'kixtie,("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
48O- 110,0 3• 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 thatP eriodic 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 writ ien notice thereof to the other party.
IF TO CITY: IF TO OWNER:
City of Cathedral City trrIxetn T uf' s�SuSIpass far f,j 4.Attn: City Manager rt1� Gevot- `��`�'' ar 1
68-700 Avenida Lalo Guerrero (eg O 3 I Rc.rner, R &.2 0 7
Cathedral City,CA 92234 f'�w46J e..;4-43 C.A ci .�34
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 ate-},\'1 day of ►] 2 OZ L__
[All owners of record must sign.] /
OWNER: ,z - OWNER:
(Owner's name) GARNIK GEVORGYAN (Owner's name)
CEO
(Title) (Title)
Ramon Tower Business Park, Inc.
(Company) (Company)
t
NOTARIES ON FOLLOWING PAGES
i
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 1_O S f1IQ,\ S
On Api \ ar� .1 before me, Saha\‹ �leS1\is�\1a�_ — 14o#-n
(here insert name and title of the office
personally appeared Gl orf \( G\evOy'O(!-
4
who proved to me on the basis of satisfactory evidence to be the person(s)Whose na
is subscribed to the withi instrument and acknowledged to me that he/ ejey
executed the same in his/ r/th . authorized capacity(ie�}, and that by his/her/their
signatureon the instrumen the person,(ss, 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.
SAHAK KESH�SHIAn ��
/ ��; !�^?;=: COMM. #22.5982 =
I Notary Public • Cahtorma o
Signature ' • 1 / �� "� ���►f! dos Angeles County
' �` „„r„-,� a m. x.ires Mar.26,2022
i -. ,.
1
EXHIBIT "A"
LEGAL DESCRIPTION
LOT LINE ADJUSTMENT
LLA NO. 2016-484
PARCEL "D" AS ADJUSTED:
PARCEL C AND THAT PORTION OF PARCEL 3 OF PARCEL MAP 30704 AS FILED IN PARCEL MAP
BOOK 212 AT PAGES 4 THROUGH 7 INCLUSIVE, RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS;
BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL C, THE FOLLOWING 10 COURSES
ALONG THE NORTH AND WEST LINES OF SAID PARCEL C, THENCE SOUTH 89°-51'-00"WEST,
ALONG THE NORTH LINE OF SAID PARCEL C, A DISTANCE OF 90.03 FEET:
THENCE SOUTH 00°-09"-00" EAST, A DISTANCE OF 5.00 FEET;
THENCE SOUTH 89°-51'-00"WEST, A DISTANCE OF 25.00 FEET;
THENCE NORTH 00°-09"-00"WEST, A DISTANCE OF 5.00 FEET;
THENCE SOUTH 89°-51'-00"WEST, A DISTANCE OF 145.06 FEET;
THENCE SOUTH 66°-01'-37"WEST, A[DISTANCE OF 37.17 FEET;
THENCE SOUTH 00°-20'-50" EAST, A DISTANCE OF 140.31 FEET TO A POINT ON A TANGENT
CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 150.50 FEET;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
11°-27'-33" AND AN ARC DISTANCE OF 30.10 FEET TO THE POINT OF REVERSE CURVATURE
CONCAVE EASTERLY AND HAVING A RADIUS OF 150.50 FEET;
THENCE SOUTHEnLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11°-
27'-33" AND AN ARC DISTANCE OF 30.10 FEET;
THENCE SOUTH 00°-20'-50" EAST, A DISTANCE OF 204.56 FEET TO A POINT ON A TANGENT
CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 110.00 FEET;
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, ALSO BEING THE WEST LINE OF SAID
PARCEL 3, THROUGH A CENTRAL ANGLE OF 15°-50'-26"AND AN ARC DISTANCE OF 30.41 FEET;
THENCE EAST, A DISTANCE OF 295.97 FEET TO A POINT ON THE EAST LINE OF SAID PARCEL 3;
THENCE NORTH 00°-20'-50"WEST ALONG SAID EAST LINE OF SAID PARCELS 3 AND C, A
DISTANCE OF 450.49 FEET TO THE POINT OF BEGINNING.
CONTAINING 97,644 SQ. FT.! 2.242 ACRES MORE OR LESS.
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