HomeMy WebLinkAboutRecorded Doc 2022-038 2iZZ ?'
Recording Requested by: 2022-0230945
05/18/2022 03:23 PM Fee: $ 101 .00
68366 Kieley, LLC Page 1 of 5
Recorded in Official Records
County of Riverside
And when recorded mail to: Peter Aldana
Assessor-County
r Cler
k-Recordeer )
City Clerk II V'' � ' �L'�1�L 6i 1f
City of Cathedral City V
68700 Avenida Lalo Guerrero
Cathedral City CA 92234
COVENANT FOR PROPERTY MAINTENANCE
Owner: 68366 Kieley, LLC
a California limited liability company;
Property Address: 68366 Kieley Road, Cathedral City CA 92234
Assessor Parcel: 687-072-029
WHEREAS, 68366 Kieley, LLC, a California limited liability company, ("Owner")
owns real property ("Property") in the City of Cathedral City, County of Riverside, State of
California, more specifically described as:
Lot 37 of Tract No. 3627, in the City of Cathedral City, County of Riverside, State
of California, as shown by map on file in Book 59, at Pages 9 through 11, inclusive, of
Maps, in the office of the County Recorder of Riverside County, California;
and as depicted in the sketch marked Exhibit "A", which is attached hereto and
incorporated herein by this reference; and
WHEREAS, at the time of initial approval of a development project known as
Miracle Education Distributors, under City of Cathedral City Conditional Use Permit No.
CUP 18-003, approved by the City of Cathedral City Planning Commission on June 6,
2018, 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 OWNER is aware that such 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 the OWNER is desirous of recording covenants against the Property to
assure such maintenance.
NOW THEREFORE, OWNER covenants, promises and agrees 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 OWNER, or its successors or assigns, fails 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 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. 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.
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(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 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, 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.
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 68366 Kieley, LLC
Attn: City Manager 2599 N. Farrell Drive
68-700 Avenida Lalo Guerrero Palm Springs CA 92262
Cathedral City, CA 92234 Attn: Danna Digiulio, Manager
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 '00v`-/ , 2022.
OWNER:
68366 KIELEY, LLC
A California limited liability company,
1kip
Danna Digiulio, Manager
(All signatures must be properly acknowledged before a Notary and the
Acknowledgment must be attached)
EXHIBIT "A"
VICINITY SKETCH
CONDITIONAL USE PERMIT CUP NO. 18-003
LOCATION
68366 Kieley Road
Assessor's Parcel No. 687-072-029
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PROJECT
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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 A
County of \\l-� )
On � l L) 1 --Uc - ,before me,
)0x).n\-fir POI n . 1 _ ti1 , a Notary Public, personally
appeared ►Ja)�nrj 1111 (� , who provefik to
me on the basis of satisfactoryvidence to be the person, ) whose named is are
subscribed to the within instrument and acknowledged to me that he/1/they executed
the same in his/ er their authorized capacity), and that by his �e /tsignature( ,on
the instrument i e person(i)7- or the entity upon behalf if which the personal 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.
(SEAL)
..nature '1111pr
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Jennifer Ann Isham 1
,:' 1.`ry COMM.#2326550 x
x qt r-i",1 NOTARY PUBLIC-CALIFORNIA W
�-' ;› My CRornIVn.;RE3pDiEresCO
April 30,2024
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