HomeMy WebLinkAboutRecorded Doc 2022-032 0522 . 32"
PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY: 2022-0271868
06/15/2022 02:50 PM Fee: $ 0.00
Terry Ireland Page 1 of 6
(Owner)
AND WHEN RECORDED MAIL TO: Recorded in OffCounty
Records
County of Riverside
Peter Rldana
CITY OF CATHEDRAL CITY—CITY Assessor-County Clerk-Recorder
ENGINEER 68700 AVENIDA LALO
GUERERRO i i Ali ■■ 1 Y (Y■�i i
CATHEDRAL CITY, CA 92234
5g3
COVENANT FOR STREET LIGHT MAINTENANCE
Owner: Terry Ireland, trustee of the T.W. Ireland Revocable Living Trust
dated April 28, 1992
Property Address: 68625 Perez Road, Cathedral City, CA 92234
APN: 687-330-023
WHEREAS, Terry Ireland, trustee of the T.W. Ireland Revocable Living Trust dated
April 28, 1992("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; and
WHEREAS, at the time of initial approval of development project known as Pajaro
Business Park, under City of Cathedral City Conditional Use Permit No. CUP 20-020 and
CUP 20-021, approved by the City of Cathedral City Planning Commission on March 17,
2021 and April 21, 2021, within and upon the PROPERTY described herein, the City of
Cathedral City ("CITY") requires the project to install one or more CITY and Southern
California Edison ("SCE") approved light emitting diode (LED) luminaires and street lights of
a specified lumen, together with poles, support arms, control facilities, conduits,
external/internal wiring, pull boxes, meters, and all related appurtenances of a specified
design to make the LED street lights and posts complete and functional hereinafter referred
to as "STREET LIGHT"; and
WHEREAS, the OWNER is required to install STREET LIGHT for the Property
frontage as shown on the Street Improvement Plans, on file with the CITY, hereinafter
referred to as "PLANS"; and
WHEREAS, said STREET LIGHT, installed within the public right-of-way, are part of
an Owner coordinated and funded facility with SCE, or any other 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, or any other electrical power successor or assign; and
WHEREAS, the OWNER is aware that the "ALL NIGHT — LS-1" service agreement
with SCE, or any successor power purveyor, requires funding for perpetuity to ensure that
the energy costs for the STREET LIGHT shown on the PLANS are paid for; and that,
therefore, such costs are the sole responsibility of the OWNER in accordance with the terms
of this Covenant.
NOW THEREFORE, OWNER covenants, promises and agrees as follows:
1. OWNER shall pay all SCE fees and invoices for the installation and ongoing
energy costs of 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.
2. In the event OWNER or OWNER'S successors or assigns, fails to pay the SCE
invoices for the STREET LIGHT costs set forth in paragraph 1 hereof, within five (5) days of
being given written notice by the CITY, the CITY is hereby authorized to cause any payment
necessary to fulfill Owner's obligations hereunder 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 Civil Code from the date of the
notice of expense until paid in full.
3. 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 approvals with respect to the PROPERTY for
which the STREET LIGHT had been installed for until such time as OWNER repays the
CITY its reasonable costs incurred in accordance with paragraph 2 above.
4. 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 of payment.
5. In event of legal action occasioned by any default or action of the OWNER, or
its successors or assigns, then the OWNER and its successors or assigns agree 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 OWNER's 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 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.
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 OWNER:
City of Cathedral City Terry Ireland
Attn: City Manager 4624 Cardona Court
68-700 Avenida Lalo Guerrero Fort Worth, Texas 76126
Cathedral City, CA 92234 Ph: (760) 427-1003
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 OWNER has affixed its signature as of this //
day of nAr . 202
OWNER:
Terry Ireland, trustee of the
T.W. Ireland Revocable Living
Trust dated April 2: 4 k'
Terry Ir- "•, tem'
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 C�"
County of 'r(VY {/ )
Onlr<� I L , before me
� �y a notarypublic, personally
appeared .1?)y/Lf /j) _ ''7p/� 'i ( , who proved to
me on the basis of sa'tisfac�ory 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.
2
►� LAURACSIFUENTESI. (SEAL) I :0• sn�irEwis
S /// /-s + MY COMM.EXP.03/02/26
NOTARY ID 12807243-1
EXHIBIT A
Legal Description
All that certain real property in the City of Cathedral City, County of Riverside, State
of California, described as follows:
Parcel 3, inclusive of Parcel Map No. 12088, as per map filed in Book 687, at Page
33 of Parcel Maps, in the office of the County Recorder of said Riverside County.
(APN: 687-330-023)
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