HomeMy WebLinkAboutRecorded Doc 2022-043 Zoll -0(43
2022-0220150
05/11/2022 11:26 AM Fee $ 111.00
Recording Requested by:
Page 1 of 5
36399 Cathedral Canyon Drive, LLC Recorded in Official Records
County of Riverside
Peter Aldana
And when recorded mail to: Assessor-County Clerk-Recorder
City Clerk
Vigilliglitit101#1111111
City of Cathedral City
68700 Avenida Lalo Guerrero
Cathedral City CA 92234
COVENANT FOR PROPERTY MAINTENANCE
Owners: 36399 Cathedral Canyon Drive, LLC
a California limited liability company;
Property Address: 36399 Cathedral Canyon Drive, Cathedral City CA 92234
Assessor Parcel: 687-322-012
WHEREAS, 36399 Cathedral Canyon Drive, 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:
Parcels 3 and 4 of Parcel Map No. 5749, in the City of Cathedral City, County of
Riverside, State of California, as shown by map on file in Book 14, at Page 17 of Parcel
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
Stargreen Enterprises "House of Lucidity" , under City of Cathedral City Conditional Use
Permit No. CUP 17-031, approved by the City of Cathedral City Planning Commission
on May 2, 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 OWNERS are 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 36399 Cathedral Canyon Drive, LLC
Attn: City Manager 10 Waterloo Court
68-700 Avenida Lalo Guerrero Rancho Mirage CA 92270
Cathedral City, CA 92234 Attn: Kelly Desselle, 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 ;%CZI day of /--- -tzt,e , 2022.
OWNERS:
36399 CATHEDRAL CANYON DRIVE, LLC
A California limited liability company,
/%fái7Kelly Delle, Manager
(All signatures must be properly acknowledged before a Notary and the
Acknowledgment must be attached)
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 Riverside )
On April 28, 2022 ,before me,
Kristy J. Cordell
, a Notary Public, personally
appeared Kelly Desselle who proved to
me on the basis of satisfactory evidence to be the persons) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that helshe/trey 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. ra76:77:7777071i = S Riverside County
Commission;2255358
My Comm.Expires Sep 19,2022
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Signature
EXHIBIT "A"
Map/Illustration of Property
LOCATION
36399 Cathedral Canyon Drive
Assessor's Parcel No. 687-322-012
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