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HomeMy WebLinkAboutRecorded Doc 2022-016 2022-0112966 RECORDING REQUESTED BY: 03/08/2022 01 :03 PM Fee: $ 0.00 Page 1 of 8 Lakota Properties LLC Recorded in Official Records (Owner) County of Riverside Peter Aldana Assessor-County Clerk-Recorder AND WHEN RECORDED MAIL TO: 'III� ''ErAllitiMiAllifil City of Cathedral City `'' Attn:City Clerk 68700 Avenida Lala Guerrero Cathedral City CA 92234 COVENANT FOR PROPERTY MAINTENANCE Owner: Lakota Properties,LLC, a California limited liability company; Ziari Aguilar, a single man, and Soren Flexner, a married man as his sole and separate property Property Address: 68816 Summit Drive, Cathedral City CA 92234 Assessor Parcel: 687-161-015 WHEREAS, Lakota Properties, LLC, and Ziari Aguilar and Soren Flexner ("Owners") own 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", which are attached hereto and incorporated herein by this reference; and WHEREAS, at the time of initial approval of a development project knows as "MJ Medicine on Summit", under City of Cathedral City Conditional Use Permit No. CUP 18- 001A, approved by the City of Cathedral City Planning Commission on June 17, 2020, within and upon the Property described herein, the City of Cathedral City ("CITY") required the project to employ certain maintenance practices on the Property and to execute and record a Covenant to that effect; and WHEREAS, the OWNERS are aware that such maintenance es 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 OWNERS are desirous of recording covenants against the Property to assure such maintenance. NOW THEREFORE, OWNERS covenant, promise and agree as follows: 1. To be responsible for and to perform daily and continuous cleanup and removal of all blow sand, debris, trash, rubbish, weeds, and other deleterious materials from all areas of the Property, including all street, highway, alley and private street frontages, gutters, gutter pans, sidewalks, driveways, parkways, parking areas, landscaped areas, drive aisles, drains, catch basins, retention basins, and all other interior areas of the Property including within and outside of walled areas. 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 OWNERS, or their successors or assigns, fail to accomplish the necessary 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 OWNERS or OWNERS' 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. This covenant shall be recorded in the Office of the Recorder of Riverside County, California, at the expense of the OWNERS 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. 5. In event of legal action occasioned by any default or action of the OWNERS, or their successors or assigns, then the OWNERS and their 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 6. It is the OWNERS' desire that the 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 OWNERS. The term "Owners" shall include not only the present OWNERS, but also their heirs, successors, executors, administrators, agents, lessees, renters, tenants and assigns. OWNERS 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. OWNERS shall provide such notice prior to such successor obtaining an interest in all or part of the Property. 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 OWNERS: City of Cathedral City C/o Lakota Properties LLC Attn: City Manager 74293 Desert Bajada Trail 68-700 Avenida Lalo Guerrero Indian Wells CA 92210 Cathedral City, CA 92234 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. 11. This Covenant may be amended or revoked only with the express written approval of the City of Cathedral City, with said approval affixed to the instrument of amendment or revocation. IN WITNESS HEREOF, the Owners have affixed their signatures aof this day of J npi , 202 . ERS: OWN � Lako . Prop-rties, LLC A Ca • •. imited I'.bility company, as to an undivided 85% interest J Steve A4 ar, Managing Member (..r' £ • ' liar, a single man, as to an undivided 7.5% interest Soren Flexne , a married ma as his sole and separate property, As to an undivided 7.5% interest (all signatures must be properly acknowledged before a Notary and the Acknowledgment must be attached) (This document may e signed in counterpart) EXHIBIT A Legal Description of Property Lot 15 of Tract No. 3697, in the City of Cathedral City, County of Riverside, State of California. as per Map on file in Book 62, at Pages 12 and 13 inclusive, of Maps, in the Office of the County Recorder of said Riverside County. -------• -__ N I -1. �i 1 . U w i W o _..____-------- I /° = Q 03 e`� m w 1 1 rr 1/ F- i� 0 * $ LO'OEE :99-ES-61Nrut j N "Ill i ,' 60,1• 131.95 \, 105 1 I OP I 1 1 r+ ^o- I .— �/ .• O 1 N di cek €� o , . 0 ra 09 I O 0 , n n d ati 0 m ,'� IMM" I ` 1-''63.63 57.91 ���^ 4::( �: S> c' 11° 0 Ice • 4, i ._ / �'£V 16'L9 a \zs. 1 j `.1") i o 0 iii 1 ej,_ rN : --- i �" N g ; W' oto F- rs 1- 15 I wUca� c1/ 0aI r �S i °jhi',1 S 1.9 ♦ aN "j P el 70 i S N J `° lg 9LL ` on ( d 03 s _ R 1 1 © 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. 144St1aN 2 ON State of County of K On 01l c/2-0,)- before me1ti1 L� : , a notary public, personally appeared 5 o cel I �} � l 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. WITNESS my hand and official seal. JUDAH MCCLAIN I Notary Public (SEAL) Sig :ture State of Washington Commission# 196310 My Comm. Expires Nov 2, 20Th amerirnwierierierumirmirwatl (it NOTARY ACKNOWLEDGEMENT A notary public or other officer completing th71is certificate verifies only the identity of tEe individual who signed the document to which the certif./care is attached, and rot the truthfulnes.lc, accuracy, or validity of that document , State of California County On -SAVI,..__ 21— eiC)n, , before a notary public, personally who proved to me on the bests of satisfactory evidence to be the person(s) vvhose 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 !.12o..47.i of CalVarnta that the fc.4-egoino paragrapri is tue and correct. WITNESS my hand and official seal, .7-7, - J..;. Notary Public-California z z';'-,..fft •:-- Los Angeles County ). ommission#2369477 . . k%'. i 22,f_my_CCom_rnIxtre_s Au_g 3102_5 I (SEAL) SID n tire 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 �f 06'1'12e. ) On f`e-6/114047' 01, 2 O L 2 before me, EDWARD JENNINGS-NOTARY PUBLIC (insert name and title of the officer) personally appeared 5 kF' Au14/z-4✓ 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 of which the person(s) 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. few v`:. ,; EDWARD JENNINGS COMM.#2234056 3 WITNESS my hand and official seal. k�-7) NOTARY PUBLIC'CALIFORNIA '9 ,. I RIVERSIDE COUNTY COMM.Exp.APRIL 9,2022 Signature (Seal)