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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