HomeMy WebLinkAboutRecorded Doc 2021-088 20ZI - D�8
2021-0328722
05/28/2021 10:54 AM Fee: $ 0.00
RECORDING REQUESTED BY: Page 1 of 5
Recorded in Official Records
ofCathedral Canyon Investments, LLC PeteryAldanaverside
(Owner) Assessor-County Clerk-Recorder
AND WHEN RECORDED MAIL TO: 'III 'l�'� Ir'i�`i I+IT bi i`iNl! III
City of Cathedral City
Attn: City Clerk
68700 Avenida Lalo Guerrero
Cathedral City CA 92234 6080
COVENANT FOR PROPERTY AND STREET LIGHT MAINTENANCE
Owner: Cathedral Canyon Investments, LLC
A California Limited Liability Company
Property Address: 68688 Perez Road, Cathedral City CA 92234
Assessor Parcel: 687-162-006
WHEREAS, Cathedral Canyon Investments, LLC ("Owner") owns real property
("Property") in the City of Cathedral City, County of Riverside, State of California,
described as:
Lot 22 of Tract No. 3697, as per Map recorded in Book 62 at Pages
12 and 13, of Maps, in the office of the County Recorder of Riverside
County, California; and;
WHEREAS, at the time of initial approval of a commercial project known as
Conditional Use Permit No. 19-020, by the City of Cathedral City Planning Commission
on October 21, 2020, within and upon the Property described herein, the City of Cathedral
City ("City") Conditions of Approval required the project to employ certain maintenance
practices on the Property and to execute and record a Covenant to that effect.
Additionally, said Conditions of Approval required the project to install one City and
Southern California Edison (SCE) approved 12,500 lumen light emitting diode (LED)
street light on the Plaza Road frontage of the Property, together with pole, support arm,
luminaire, external and internal wiring, conduit, pull boxes and related appurtenances to
make the LED street light complete and functional, hereinafter referred to as "Street
Light"; and to pay for its continued maintenance and energy costs and to execute and
record a Covenant to that effect; 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, including, but not limited to the Clean Water Act, 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 required to install the street light on the Property
frontage 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 Light, installed
within the public right-of-way, is part of an Owner coordinated and funded facility with
SCE, or any electrical power successor or assign; 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 power supplier, requires funding for
perpetuity to ensure that the Street Light shown on the said Plans is 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 is desirous of recording Covenants against the Property to
assure such property maintenance and the payment of costs for the maintenance and
energy usage of the Street Light..
NOW THEREFORE, Owner covenants, promises and agrees as follows:
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, highway and alley 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.
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.
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.
4. To pay all SCE fees and invoices for the installation and ongoing
maintenance of the 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.
5. In the event Owner or Owner's successors or assigns, fails 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.
6. 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.
7. 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.
8. 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.
9. 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. 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.
10.. 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 Cathedral Canyon Investments LLC
Attn: City Manager 1241 S. Glendale Ave, Suite 302
68-700 Avenida Lalo Guerrero Glendale CA 91205
Cathedral City, CA 92234 Attn: David Kotukyan or
Kevin Sarkisyan
11. Time is of the essence in performance of this Covenant.
12. 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.
14. 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 3 1 Ada of
Y kip-v•‘11 202 I
OWNER:
CATHEDRAL CANYON INVESTMENTS, LLC
A California Limited Liability Company
By:
Da id Kotuky
Managing Member
(all signatures must be properly acknowledged before a
Notary, with acknowledgment attached hereto)
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 Lis °�Q,\- S
� U
On p'\ f -\\‘k a,0�0 , before me Sa 1nal( -e S 's\,
J r �l ve 1/1 , a
notaryk o K�a
public, personally appeared {�av�d � � y\ , who proved to
me on the basis of satisfactory evidence to be the persons'whose name(s-)"ismre subscribed
to the withininstrument and acknowledged to me that he/s1/tly executed the same in
his/hgr/theauthorized capacity(, and that by his/h/r/tfieir signature on the
instrument the person, or the entity upon behalf if which the persona) 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.
• SAHAK KESHISITYAN
COMM. #2235982 z
/ oc �' Notary Public•California
PA • \`w?/ Los Angeles County 2
(SEAL) mr, Comm.Expires Mar.26,2022
Signature