HomeMy WebLinkAboutRecorded Doc 2021-075 'Loll - 0315-
DOC
`5—DOC # 2021-0487075
Accommodation recording only; 08/13/2021 04:51 PM Fees: $107.00
document not reviewed and Rece 1 of 7
Recorded in Official Records
no insurance provided County of Riverside
14o0-12.021— Peter Aldana
RECORDING REQUESTED BY: Assessor-County Clerk-Recorder
AG Cathedral City Owners, LLC "This document was electronically submitted
(Owner) to the County of Riverside for recording"
Receipted by:SOPHIA#466
AND WHEN RECORDED MAIL TO:
City of Cathedral City
Attn: City Clerk
68700 Avenida Lalo Guerrero
Cathedral City CA 92234 ORIGINAL
MAINTENANCE COVENANTS FOR PROPERTY , STREET LIGHTS AND
WATER QUALITY BEST MANAGEMENT PRACTICES
Owner: AG Cathedral City Owners, LLC
A Delaware Limited Liability Company
Property Address: 35750-35800 Date Palm Drive, Cathedral City CA 92234
Assessor Parcel: 673-250-001
WHEREAS, AG Cathedral City Owners, LLC ("Owner") owns real property
("Property") in the City of Cathedral City, County of Riverside, State of California,
described as: Lot 8 and a portion of Lot 7 of Plumley and Son Subdivision, as shown by
map on file in Book 10, at Page 94 of Maps, records of Riverside County, California, as
more particularly described in Exhibit "A". which is attached hereto and made a part
hereof; and
WHEREAS, at the time of initial approval of a commercial project known as
Conditional Use Permit No. 20-018, by the City of Cathedral City Planning Commission
on February 3, 2021, within and upon the Property described herein,the City of Cathedral
City ("City") Conditions of Approval for the Use Permit required the project to:
a. employ certain maintenance practices on the Property and to execute and
record a Covenant to that effect; and
b. install and pay for three (3) Southern California Edison Company (SCE)
approved 22,000 lumen LED street lights on the Date Palm frontage of the Property and
three (3) SCE approved 9,500 lumen LED street lights on the Converse Road frontage
of the Property,together with poles, support arms, luminaires, external and internal wiring,
conduit, pull boxes and related appurtenances to make the street lights complete and
functional, hereinafter referred to as "Street Lights"; and to pay for their continued
maintenance and energy costs and to execute and record a Covenant to that effect; and
c. execute a Water Quality Management Plan and Urban Runoff Best
Management Practices Transfer, Access and Maintenance Covenant; and
WHEREAS, the OWNER is aware that such property maintenance practices and
continuous maintenance are required to minimize pollutants in urban runoff, to minimize
Accommodation recording only;
document not reviewed and
no insurance provided
poocct2o21-t
RECORDING REQUESTED BY:
AG Cathedral City Owners, LLC
(Owner)
AND WHEN RECORDED MAIL TO:
City of Cathedral City
Attn: City Clerk
68700 Avenida Lalo Guerrero
Cathedral City CA 92234
MAINTENANCE COVENANTS FOR PROPERTY , STREET LIGHTS AND
WATER QUALITY BEST MANAGEMENT PRACTICES
Owner: AG Cathedral City Owners, LLC
A Delaware Limited Liability Company
Property Address: 35750-35800 Date Palm Drive, Cathedral City CA 92234
Assessor Parcel: 673-250-001
WHEREAS, AG Cathedral City Owners, LLC ("Owner") owns real property
("Property") in the City of Cathedral City, County of Riverside, State of California,
described as: Lot 8 and a portion of Lot 7 of Plumley and Son Subdivision, as shown by
map on file in Book 10, at Page 94 of Maps, records of Riverside County, California, as
more particularly described in Exhibit "A". which is attached hereto and made a part
hereof; and
WHEREAS, at the time of initial approval of a commercial project known as
Conditional Use Permit No. 20-018, by the City of Cathedral City Planning Commission
on February 3, 2021, within and upon the Property described herein, the City of Cathedral
City ("City") Conditions of Approval for the Use Permit required the project to:
a. employ certain maintenance practices on the Property and to execute and
record a Covenant to that effect; and
b. install and pay for three (3) Southern California Edison Company (SCE)
approved 22,000 lumen LED street lights on the Date Palm frontage of the Property and
three (3) SCE approved 9,500 lumen LED street lights on the Converse Road frontage
of the Property, together with poles, support arms, luminaires, external and internal wiring,
conduit, pull boxes and related appurtenances to make the street lights complete and
functional, hereinafter referred to as "Street Lights"; and to pay for their continued
maintenance and energy costs and to execute and record a Covenant to that effect; and
c. execute a Water Quality Management Plan and Urban Runoff Best
Management Practices Transfer, Access and Maintenance Covenant; and
WHEREAS, the OWNER is aware that such property maintenance practices and
continuous maintenance are required to minimize pollutants in urban runoff, to minimize
other adverse impacts of urban runoff, and to comply with all local, state , or federal laws
and regulations; and
WHEREAS, the Owner is required ed to install the street lights on the Property
frontages as described above and as shown on the Street Improvement Plans, on file
with the City, hereinafter referred to as "Plans", and understands said Street Lights,
installed within the public right-of-way, are part of an Owner coordinated and funded
facility with SCE, or any successor electrical power provider; and
WHEREAS, the Owner is required to coordinate and enter into an "ALL NIGHT —
LS-1" service agreement with SCE, and Owner is aware that such "ALL NIGHT— LS-1"
service agreement with SCE, or any successor electrical power supplier, requires funding
in perpetuity to ensure that the Street Lights shown on the said Plans are maintained
and energy costs paid for, and that such costs are the sole responsibility of the Owner in
accordance with the terms of this Covenant; and
WHEREAS, the OWNER has chosen to install and/or implement Best
Management Practices (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; and
WHEREAS, said BMPs, installed on and/or implemented on private property and
draining only private property, are part of a private facility and therefore their maintenance
and replacement are the sole responsibility of the OWNER in accordance with the terms
of this Covenant; and
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 National Pollutant Discharge
Elimination System (NPDES) storm water permits, and those pertaining to confined space
and waste disposal methods, in effect at the time such maintenance occurs; and
WHEREAS, the Owner is desirous of recording Covenants against the Property to
assure such property maintenance, to assure the payment of costs for the maintenance
and energy usage of the Street Lights, and to assure the maintenance and replacement
of the BMPs in the WQMP.
NOW THEREFORE, Owner covenants, promises and agrees as follows:
A. GENERAL PROPERTY MAINTENANCE:
A-1. To be responsible for and to perform regular and continuous cleanup and
removal of all blow sand, debris, trash, rubbish and other deleterious materials
from the Property, including all street and highway frontages of the Property, and
all gutters, gutter pans, sidewalks, parkways, planters, driveways, parking lots,
drive aisles, drains, interceptors, basins, and facilities and other areas within and
abutting the Property.
A-2. To provide the City and/or its designee complete access, of any duration ,
to the Property, as described herein, at any time, upon reasonable notice, or with
no advance notice in the event of emergency, as determined by City, for the
purpose of inspection for compliance with the terms of this Covenant.
A-3. In the event Owner, or its successors or assigns, fails to accomplish the
necessary property maintenance contemplated by this Covenant within ten (10)
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 of such maintenance to the Owner or Owner's successors or assigns,
including administrative costs, attorney fees and interest thereon at the maximum
rate authorized by the State of California Civil Code, from the date of the notice of
expense until paid in full.
B. MAINTENANCE AND PAYMENT FOR STREET LIGHTS
B-1. To pay all SCE fees and invoices for the installation and ongoing
maintenance of the Street Lights 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.
B-2. In the event Owner or Owner's successors or assigns, fail to pay the SCE
invoices for the Street Light operation and maintenance costs contemplated by
this Covenant, within ten (10) days of being given written notice by the City, the
City is hereby authorized to cause any payment necessary for the continuous
operation of the street light 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 State Civil Code from the
date of the notice of expense until paid in full.
C. MAINTENANCE OF WATER QUALITY BEST MANAGEMENT
PRACTICES
C-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, or 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 C-3 below, provided
that CITY takes reasonable steps to minimize or avoid interference with OWNER'S
use of the Property.
C-2. OWNER shall use its best efforts diligently to maintain all BMPs 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.
C-3. In the event OWNER, or its successors or assigns, fails to accomplish the
necessary BMP 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.
D: GENERAL TERMS:
D-1. 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
shall also constitute 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.
D-2. In event of legal action occasioned by any default or action of the present
Owner, or its successors or assigns, then the present Owner or its successors or assigns,
as applicable, 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.
D-3. It is the Owner's desire that the burdens and benefits herein undertaken
shall constitute covenants that run with said Property and constitute a lien there against.
D-4. 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, agents, lessees, renters, tenants and
assigns. Notwithstanding the foregoing, once an "Owner" no longer owns the Property,
said Owner will not be liable for any obligations arising after such transfer to a new Owner.
Owner shall notify any successor to title of all or part of the Property and any renter,
lessee or tenant about the existence of this Covenant and its requirements. Owner shall
provide such notice prior to such successor obtaining an interest in all or part of the
Property.
(continued on next page)
D-5. Any notice to a party required or called for in this 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 AG Cathedral City Owners, LLC
Attn: City Manager 18301 Von Karman Avenue, Suite 250
68-700 Avenida Lalo Guerrero Irvine CA 92612
Cathedral City, CA 92234 Attn: Wilbur H. Smith III
D-6. Time is of the essence in performance of this Covenant.
D-7. 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. All of
the Covenants contained herein shall remain in full force and effect and may only be
amended or terminated with the express advance written approval of the City of Cathedral
City.
IN WITNESS HEREOF, the Owner has affixed its signature as of
this 61day of ALA) 1A5-1- , 202 / .
OWNER:
AG CATHEDRAL CITY OWNERS, LLC
A Delaware Limited Liability Company
By: Greenlaw Partners, LLC
A California Limited Lia, ity Company,
Its Manager
By:
Wilbur H. Smith III
Principal
ATTACHMENT: Exhibit "A": Legal description of Property
(all signatures must be properly acknowledged before a
Notary, with acknowledgment attached hereto)
•
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
The Land referred to herein below is situated in the City of Cathedral City,County of Riverside,State of
California, and is described as follows:
LOT 8 AND A PORTION OF LOT 7 OF PWMLEY AND SONS SUBDIVISION,AS SHOWN BY MAP ON FILE
IN BOOK 10 PAGE 94 OF MAPS,RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 8;
THENCE NORTH 89°48'43"EAST, 629.64 FEET TO THE NORTHEAST CORNER OF SAID LOT 8,ALSO
BEING THE NORTHWEST CORNER OF SAID LOT 7, SAID POINT BEING 20.00 FEET SOUTHERLY OF
THAT CERTAIN ROAD KNOWN AS CONVERSE ROAD;
THENCE NORTH 89°48'43"EAST ALONG THE NORTH LINE OF SAID LOT 7,A DISTANCE OF
66.00 FEET;THENCE SOUTH 00°21'46"WEST,639.90 FEE i TO A POINT ON THE SOUTH
LINE OF SAID LOT 7;
THENCE SOUTH 89°48'22"WEST ALONG THE SAID SOUTH LINE OF LOT 7,A DISTANCE OF 66.00
FEET TO THE SOUTHWEST CORNER OF SAID LOT 7,ALSO BEING THE SOUTHEAST CORNER OF SAID
LOT 8;
THENCE SOUTH 89°48'22"WEST,628.18 FEET TO THE SOUTHWEST CORNER OF SAID LOT 8;
THENCE NORTH 00° 14'10"EAST,639.96 FEET TO THE POINT OF BEGINNING;
EXCEP I ING THEREFROM THE WESTERLY 20.0D FEET AND THE NORTHERLY 10.00
FEET THEREOF;ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 8;
THENCE NORTH 89°48'43"EAST,ALONG THE NORTH LINE OF SAID LOT 8,A DISTANCE OF 25.00
FEET;
THENCE SOUTH 00° 14' 10"WEST, PARALLEL WITH THE WEST LINE OF SAID LOT 8,A DISTANCE OF
10.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 00° 14' 10"WEST, 19.39 FEE I;THENCE NORTH 42°37' 13" EAST,
26.42 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 10.00 FEET OF SAID LOT 8;
THENCE SOUTH 89°48'43"WEST,ALONG SAID SOUTH LINE,A DISTANCE OF 17.81 f-t1 I TO THE
TRUE POINT OF BEGINNING.
SAID LEGAL DESCRIPTION IS PURSUANT TO A CERTIFICATE OF COMPLIANCE LOT MERGER LM NO. 5-
047 RECORDED NOVEMBER 7, 1986 AS INSTRUMENT NO.283095 OF OFFICIAL RECORDS.
For conveyancing purposes only:APN 673-250-001
The above legal description is from the Grant Deed to the property recorded on March 16,2021, as
Instrument No. 20210167563, IN Official Records of Riverside County.
`
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
County of IJMQ )
On 011,evik. ct,0 01A , before me V3)\(`NS\rnQL[\ +D , a
notary public, personally appeared Wail,) (Vk.1/4.19/114A-1, , who proved to
me on the basis of satisfactory evidence to be the( ersonisf whose•' : �i . - subscribed
to the within instrument and acknowledged to me thata a/ttxey executed the same in
®rhes/their authorized(capacity esl, and that by his Yyetr/t]atrir MEM on the
instrument the •erson t: , or the entity upon behalf if which the. erson► 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.
SHANNON YOUNG
Notary Public•California Z
Orange County
Commission a 2273375
LMy(SEAL) Comm.Expires Jin 24,2023
11,�O i
Signature U
II4, First American
4; 0 Title Insurance Company
NATIONAL COMMERCIAL SERVICES
City of Cathedral City
Attn: City Clerk
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234
Tuesday, September 7, 2021
File Number: ACCM2021-2
Greetings,
Enclosed please find the following original recorded documents in connection with the above-
referenced file:
• Maintenance Covenants for Property, Street Lights and Water Quality Best Management
Practices 2021-0487075
Thank you,
Josh Arquieta
First American Title Insurance Company
18500 Von Karman Avenue,Suite 600, Irvine,CA 92612
EMAIL jarquieta@firstam.com
WWW.FIRSTAM.COM