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HomeMy WebLinkAboutRecorded Doc 2022-041 2.012 -a 'Ir 2022-0220127 RECORDING REQUESTED BY: j 05/11/2022 11 :15 AM Fee: $ 0.00 ( Page 1 of 5 IIP-CA 2 LP Recorded in Official Records (Owner) ? County of Riverside Peter Aldana Assessor-County Clerk-Recorder AND WHEN RECORDED MAILTO: I P4 ' % I % UY oCathedralI Attn: City Clerk 68700 Avenida Lalo Guerrero Cathedral City CA 92234 IV-9 '17 COVENANT FOR PROPERTY MAINTENANCE Owner: IIP-CA 2 LP, a Delaware limited partnership Property Address: 68860 Perez Road, Cathedral City CA 92234 Assessor Parcel: 687-330-005 WHEREAS, IIP-CA 2 LP ("Owner") owns real property ("Property") in the City of Cathedral City, County of Riverside, State of California, more specifically described as: Lot 10 of Amended Tract No. 12938, as shown by map filed in Book 108 at Pages 60 and 61 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 "JM Endeavors", under City of Cathedral City Conditional Use Permit No. CUP 21-001, approved by the City of Cathedral City Planning Commission on July 21, 2021, 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 WHEREAS, 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 IIP-CA 2 LP Attn: City Manager 11440 West Bernardo Court, Suite 100 68-700 Avenida Lalo Guerrero San Diego CA 92117 Cathedral City, CA 92234 Attn: Brian Wolfe VP, General Counsel and Secretary 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 i�/� r z , 2022. OWNER: IIP-CA 2 LP A Delaware limited partnership Brian Wolfe VP, General Counsel and Secretary (all signatures must be properly acknowledged before a Notary and the Acknowledgment must be attached) EXHIBIT "A" VICINITY SKETCH OF PROPERTY CONDITIONAL USE PERMIT CUP 21-001 LOCATION 68860 Perez Road Assessor's Parcel No. 687-330-005 I; ,• 6 �' . .� PEREZRD / -i,'z' _ "' g 't � ' ••_,f p 1 ,•...., PROJEC 1� +: ± �� SITE `, r f 1 i ...--7---_,, t i / / •,, , i ' \.4,4 , :. „_, . i / \ v \ S 11 RRERD.. i y`'-",w'.''-_.. 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 SOA%cc)in ) On c (\ 20 120 22 ,before me, %Ark • 1-Ou , a Notary Public, personally appeared V.jvtUvn WD\C-f, , 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. gl, (SEAL) Signature _ PEARL A. LAI 89.,_Z COMM. #2304589 zz O(.., t+ aNotary Public • California o2 . San Diego CountyM Comm.Ex•ires See_12,2023'