HomeMy WebLinkAboutRecorded Doc 2023-025 20 Z - o zc"
2023-0159973
RECORDING REQUESTED BY: 06/05/2023 03:05 PM
***Customer Copy Label***affixed
Cathedral Cove 1.0, LLC
has not been compaThe paper to which this label is red w
filed/recorded documentith the
AND WHEN RECORDED MAIL TO: Peter Aldana
County Of Riverside
CITY OF CATHEDRAL CITY Assessor-County Clerk-Recorder
68700 AVENIDA LALO GUERRERO
CATHEDRAL CITY,CA 92234
COVENANT FOR STREET LIGHT MAINTENANCE
Owner: Cathedral Cove 1.0, LLC,
a California limited liability company
Property Location: Parcel Map No. 37876, on south side of East Palm Canyon
Drive, between Van Fleet Avenue and Date Palm Drive, in
Cathedral City, California
Assessor Parcel: Portions of APN 687-500-001, 003, 012, 014 and 018
WHEREAS, Cathedral Cove 1.0, 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 1 through 5, inclusive, of Parcel Map No. 37876, as shown on the map on file
in Book,1S(o of Parcel Maps, at Pages (oiR through G,5 , inclusive, in the office
of the County Recorder of Riverside County, California, as depicted in the sketch
marked Exhibit "A", which is attached hereto; and
WHEREAS, at the time of initial approval of the tentative map of Parcel Map 37876
by the City Council of the City of Cathedral City on September 28, 2022, within and upon
the PROPERTY described herein, the City of Cathedral City ("CITY") Conditions of Approval
("CONDITIONS OF APPROVAL")for the tentative map and the Municipal Code required the
OWNER to coordinate and pay all costs necessary for the refurbishment, light emitting diode
(LED) retrofit, and re-installation of eight (8) existing decorative double headed, Lumec or
equal, street lights of specified lumens and wattage, along the East Palm Canyon Drive
frontage of said PROPERTY (hereinafter referred to, collectively, as "STREET LIGHTS"),
together with poles, support arms, control facilities, conduits, wiring, pull boxes, meters, and
all related appurtenances of a specified design to make the LED street lights and poles
complete and functional, and to take over the monthly expense for the electrical energy for
the said street lights and to be responsible for all future maintenance, refurbishment, repair
and replacement of said STREET LIGHTS; and
WHEREAS, the OWNER is required to install STREET LIGHTS on the PROPERTY
frontage as shown on the Street Improvement Plans, on file with the CITY, hereinafter
referred to as "PLANS'; or as described in the CONDITIONS OF APPROVAL of said
tentative parcel map PM 37876; and
1
WHEREAS, said STREET LIGHTS, installed within the public right-of-way, are part
of an OWNER'S coordinated and funded facility with Southern California Edison Company
("SCE"), or any other electrical power provider, successor or assign; and
WHEREAS, the OWNER is required to coordinate and enter into an "ALL NIGHT —
LS-3" service agreement ("SERVICE AGREEMENT") with SCE, or any other electrical
power successor or assign to provide metered electrical power to said STREET LIGHTS;
and
WHEREAS, the OWNER is aware that the SERVICE AGREEMENT with SCE, or any
successor power purveyor, requires funding in perpetuity to ensure that STREET LIGHTS
are maintained and energy costs paid for; and that, therefore, such costs are the sole
responsibility of the OWNER in accordance with the terms of this Covenant for Street Light
Maintenance ("COVENANT").
NOW THEREFORE, OWNER covenants, promises and agrees as follows:
1. OWNER shall pay, or cause to be paid, all SCE fees and invoices for (a) the
initial refurbishment, retrofitting and re-installation of the STREET LIGHTS as required by
the CONDITIONS OF APPROVAL, (b) the ongoing energy charges of STREET LIGHTS in
a timely manner assuring operational performance at all times, and (c) subject to the terms
of this COVENANT, all costs for the ongoing maintenance, repair, refurbishment and
replacement of the said STREET LIGHTS.
2. As may be requested from time to time by the CITY, the OWNER shall provide
the CITY with documentation identifying that the SCE invoices are paid.
3. In the event OWNER or OWNER'S successors or assigns, fail to pay, or cause
the payment of, the SCE invoices for the STREET LIGHTS operational costs contemplated
by this COVENANT, or fail to provide adequate maintenance, repair, refurbishment or
replacement of the said STREET LIGHTS as required by this COVENANT, then within ten
(10) days of being given written notice of such failure by the CITY, the CITY is hereby
authorized to cause any payment necessary for the STREET LIGHT'S continuous operation,
maintenance, repair, refurbishment or replacement to be made and to charge the entire cost
and expense reasonably incurred by the CITY 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.
4. 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 LIGHTS had been installed for until such time as OWNER repays the
CITY its reasonable costs incurred in accordance with paragraph 3 above.
2
5. 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 for CITY's reasonable costs
actually incurred in connection with this COVENANT for which CITY is owed reimbursement
by OWNER as expressly set forth herein, including interest as herein above set forth, subject
to foreclosure in event of default in payment.
6. 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 reasonably 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.
7. 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.
8. 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.
9. Time is of the essence in performance of this COVENANT.
10. 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 During the time that the original OWNER
Attn: City Manager named herein owns any portion of the
68-700 Avenida Lalo Guerrero PROPERTY:
Cathedral City, CA 92234
Cathedral Cove 1.0, LLC
1401 Quail Street, Suite 100
Newport Beach, CA 92660
Attn: Craig A. Smith, Manager
During the time that the original OWNER
named herein does not own any portion of the
PROPERTY:
The intended OWNER at such address as is
shown on the tax assessor rolls for its portion
of the PROPERTY.
3
11. 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.
12. This COVENANT may be amended or revoked only with the express written
approval of OWNER (or its heirs, successors, executors, administrators, and assigns) and
the CITY, with said approval affixed to the instrument of amendment or revocation.
13. Upon the recordation of the CC&Rs (as hereinafter defined), the obligations of
OWNER under this COVENANT shall be vested exclusively in the "Developer" under the
CC&R's, until such time as Developer is no longer serving as the "Maintenance Director"
under the CC&Rs, and at such time, all rights and obligations of OWNER under this
COVENANT shall be vested exclusively in the Maintenance Director under the CC&Rs.
Notwithstanding the foregoing, for avoidance of doubt, any and all remedies of the with
respect to any breach or violation of this COVENANT may be enforced OWNER and its
heirs, successors, executors, administrators and assigns. For purposes of this COVENANT,
the term "CC&Rs" means that certain Declaration Of Covenants, Conditions And
Restrictions And Grant Of Easements to be prepared and recorded against the PROPERTY
by Cathedral Cove 1.0, LLC to establish certain covenants, rights and restrictions for the
development of the PROPERTY as a coordinated development.
[Remainder of Page Intentionally Left Blank; Signature Page Follow]
4
IN WITNESS H REOF, the OWNER has affixed its signature as of this I U day
of , 2023.
OWNER:
Cathedral Cove 1.0, LLC
A California limited liability company
By: •
Craig A. m.
Manager
5
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 Ora.►v_ )
On M a,4. 1 e t2D 1.3 , before
me 5 kY i 4Y'a1". - ne-%0 , a Notary Public, personally
appeared Cctu ,k• Sr t11- , who proved to
me on the basis o satisfactory evidence to be the person(4) whose name(%) is/are.
subscribed to the within instrument and acknowledged to me that he/site executed
the same in his,4herlt4ek authorized capacity(ies), and that by his44eF414eir signature4 ) on
the instrument the persoVs'), or the entity upon behalf if which the personA 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)
Signature
c , SHERI FRANCO-MORA
; 3a Notary Dublic•California
Orange County >
\ Commission#2294357
`4''°' My Comm.Expires Jul 19,2023
6
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2023-0159973
06/05/2023 03:05 PM Fee: $ 32.00
RECORDING REQUESTED BY: Page 1 of 7
Recorded in Official Records
Cathedral Cove 1.0, LLC County of Riverside
Peter Aldana
Assessor-County Clerk-Recorder
AND WHEN RECORDED MAIL TO: I !oill'„ktePtibtfiN11111
I +�'I
CITY OF CATHEDRAL CITY
68700 AVENIDA LALO GUERRERO
CATHEDRAL CITY, CA 92234 411
COVENANT FOR STREET LIGHT MAINTENANCE
Owner: Cathedral Cove 1.0, LLC,
a California limited liability company
co
Property Location: Parcel Map No. 37876, on south side of East Palm Canyon
Drive, between Van Fleet Avenue and Date Palm Drive, in
r Cathedral City, California
Assessor Parcel: Portions of APN 687-500-001, 003, 012, 014 and 018
WHEREAS, Cathedral Cove 1.0, 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 1 through 5, inclusive, of Parcel Map No. 37876, as shown on the map on file
in Book 0/5Cof Parcel Maps, at Pages (oa through ('S, inclusive, in the office
of the County Recorder of Riverside County, California, as depicted in the sketch
marked Exhibit "A", which is attached hereto; and
WHEREAS, at the time of initial approval of the tentative map of Parcel Map 37876
by the City Council of the City of Cathedral City on September 28, 2022, within and upon
the PROPERTY described herein, the City of Cathedral City ("CITY") Conditions of Approval
("CONDITIONS OF APPROVAL")for the tentative map and the Municipal Code required the
OWNER to coordinate and pay all costs necessary for the refurbishment, light emitting diode
(LED) retrofit, and re-installation of eight (8) existing decorative double headed, Lumec or
equal, street lights of specified lumens and wattage, along the East Palm Canyon Drive
frontage of said PROPERTY (hereinafter referred to, collectively, as "STREET LIGHTS"),
together with poles, support arms, control facilities, conduits, wiring, pull boxes, meters, and
all related appurtenances of a specified design to make the LED street lights and poles
complete and functional, and to take over the monthly expense for the electrical energy for
the said street lights and to be responsible for all future maintenance, refurbishment, repair
and replacement of said STREET LIGHTS; and
WHEREAS, the OWNER is required to install STREET LIGHTS on the PROPERTY
frontage as shown on the Street Improvement Plans, on file with the CITY, hereinafter
referred to as "PLANS"; or as described in the CONDITIONS OF APPROVAL of said
tentative parcel map PM 37876; and
1
WHEREAS, said STREET LIGHTS, installed within the public right-of-way, are part
of an OWNER'S coordinated and funded facility with Southern California Edison Company
("SCE"), or any other electrical power provider, successor or assign; and
WHEREAS, the OWNER is required to coordinate and enter into an "ALL NIGHT —
LS-3" service agreement ("SERVICE AGREEMENT") with SCE, or any other electrical
power successor or assign to provide metered electrical power to said STREET LIGHTS;
and
WHEREAS, the OWNER is aware that the SERVICE AGREEMENT with SCE, or any
successor power purveyor, requires funding in perpetuity to ensure that STREET LIGHTS
are maintained and energy costs paid for; and that, therefore, such costs are the sole
responsibility of the OWNER in accordance with the terms of this Covenant for Street Light
Maintenance ("COVENANT").
NOW THEREFORE, OWNER covenants, promises and agrees as follows:
1. OWNER shall pay, or cause to be paid, all SCE fees and invoices for (a) the
initial refurbishment, retrofitting and re-installation of the STREET LIGHTS as required by
the CONDITIONS OF APPROVAL, (b) the ongoing energy charges of STREET LIGHTS in
a timely manner assuring operational performance at all times, and (c) subject to the terms
of this COVENANT, all costs for the ongoing maintenance, repair, refurbishment and
replacement of the said STREET LIGHTS.
2. As may be requested from time to time by the CITY, the OWNER shall provide
the CITY with documentation identifying that the SCE invoices are paid.
3. In the event OWNER or OWNER'S successors or assigns, fail to pay, or cause
the payment of, the SCE invoices for the STREET LIGHTS operational costs contemplated
by this COVENANT, or fail to provide adequate maintenance, repair, refurbishment or
replacement of the said STREET LIGHTS as required by this COVENANT, then within ten
(10) days of being given written notice of such failure by the CITY, the CITY is hereby
authorized to cause any payment necessary for the STREET LIGHT'S continuous operation,
maintenance, repair, refurbishment or replacement to be made and to charge the entire cost
and expense reasonably incurred by the CITY 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.
4. 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 LIGHTS had been installed for until such time as OWNER repays the
CITY its reasonable costs incurred in accordance with paragraph 3 above.
2
5. 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 for CITY's reasonable costs
actually incurred in connection with this COVENANT for which CITY is owed reimbursement
by OWNER as expressly set forth herein, including interest as herein above set forth, subject
to foreclosure in event of default in payment.
6. 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 reasonably 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.
7. 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.
8. 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.
9. Time is of the essence in performance of this COVENANT.
10. 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 During the time that the original OWNER
Attn: City Manager named herein owns any portion of the
68-700 Avenida Lalo Guerrero PROPERTY:
Cathedral City, CA 92234
Cathedral Cove 1.0, LLC
1401 Quail Street, Suite 100
Newport Beach, CA 92660
Attn: Craig A. Smith, Manager
During the time that the original OWNER
named herein does not own any portion of the
PROPERTY:
The intended OWNER at such address as is
shown on the tax assessor rolls for its portion
of the PROPERTY.
3
11. 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.
12. This COVENANT may be amended or revoked only with the express written
approval of OWNER (or its heirs, successors, executors, administrators, and assigns) and
the CITY, with said approval affixed to the instrument of amendment or revocation.
13. Upon the recordation of the CC&Rs (as hereinafter defined), the obligations of
OWNER under this COVENANT shall be vested exclusively in the "Developer" under the
CC&R's, until such time as Developer is no longer serving as the "Maintenance Director"
under the CC&Rs, and at such time, all rights and obligations of OWNER under this
COVENANT shall be vested exclusively in the Maintenance Director under the CC&Rs.
Notwithstanding the foregoing, for avoidance of doubt, any and all remedies of the with
respect to any breach or violation of this COVENANT may be enforced OWNER and its
heirs, successors, executors, administrators and assigns. For purposes of this COVENANT,
the term "CC&Rs" means that certain Declaration Of Covenants, Conditions And
Restrictions And Grant Of Easements to be prepared and recorded against the PROPERTY
by Cathedral Cove 1.0, LLC to establish certain covenants, rights and restrictions for the
development of the PROPERTY as a coordinated development.
[Remainder of Page Intentionally Left Blank; Signature Page Follow]
4
IN WITNESS H REOF, the OWNER has affixed its signature as of this U day
of 2023.
OWNER:
Cathedral Cove 1.0, LLC
A California limited liability company
By: • -
Craig A. m.
Manager
5
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 0ra,rssZ )
On M ctA3 \ Q' 1 D 23 , before
me S kc1-; 'trahco_ rroro• , a Notary Public, personally
appeared Cc& A• Srht` , who proved to
me on the basis of satisfactory evidence to be the person(, whose name() is/are-
subscribed to the within instrument and acknowledged to me that heisFt.,,thay executed
the same in hisMieritbe r authorized capacity(ies), and that by hisfhec1th w signatures`) on
the instrument the personas'), or the entity upon behalf if which the person, 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)
Signature
��.� sHER!FRANCO•M
,t Notary Public•CalifoORArnia
Orange County a
Commission#2294357
My Comm.Expires Jul 19,2023
6
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