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HomeMy WebLinkAboutRecorded Doc 2023-028 20 2 3-OZe 2023-0159972 RECORDING REQUESTED BY: 06/05/2023 03:05 PM Fee: $ 257.00 Cathedral Cove 1.0, LLC Page 1 of 7 Recorded in Official Records County of Riverside Peter Aldana AND WHEN RECORDED MAIL TO: Assessor-County Clerk-Recorder CITY CATHEDRAL CITY tl I!MY Clqk'kiiiNit lfCITY ENGINEER I I 68700 AVENIDA LALO GUERERRO CATHEDRAL CITY, CA 92234 LH( Covenant for Water Quality Management Plan and Urban Runoff Best Management Practices Transfer, Access and Maintenance ._1 Owner: Cathedral Cove 1.0, LLC, a California limited liability company NN 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 4:156 of Parcel Maps, at Pages (oa through kS , 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 No. 37876 by the City Council of the City of Cathedral City ("City") on September 28, 2022, within and upon the Property described herein, the City Conditions of Approval for the tentative map and the Municipal Code required the Property to employ Best Management Practices hereinafter referred to as "BMPs" to minimize pollutants in urban runoff; and WHEREAS, the Owner has chosen to install and/or implement BMPs for the Property as described in the Water Quality Management Plan, on file with the City, hereinafter referred to as "WQMP" to minimize pollutants in urban runoff and to minimize other adverse impacts of urban runoff; and WHEREAS, said BMPs, with installation and/or implementation on private property and draining only private property, are part of a private facility and therefore all maintenance and replacement of the BMPs are the sole responsibilities of the Owner in accordance with the terms of this Covenant for Water Quality Management Plan and 1 Urban Runoff Best Management Practices Transfer, Access and Maintenance ("Covenant"); and WHEREAS, the Owner is aware that periodic and continuous maintenance, including, but not necessarily limited to, filter material replacement and sediment removal, is required to assure peak performance of all BMPs in the WQMP and that, furthermore, such maintenance activity is required to remain in compliance with all local, state, or federal laws and regulations, including, but not limited to 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. NOW THEREFORE, Owner covenants, promises and agrees as follows: 1 . Owner hereby provides the City and/or its designee complete access, of any duration, to the BMPs and their immediate vicinity at any time, upon reasonable notice, or in the event of emergency, as determined by City, no advance notice, for the purpose of inspection, sampling, or testing of the BMPs, and in case of emergency, to undertake all necessary repairs or other preventive measures at Owner's expense as provided in Paragraph 3 below, provided that City takes reasonable steps to minimize or avoid interference with Owner's use of the Property. 2. Owner shall use its best efforts diligently to maintain all BMPs in a manner assuring peak performance at all times. All reasonable precautions shall be exercised by Owner and Owner's representative or contractor in the removal and extraction of any material(s) from the BMPs and the ultimate disposal of the material(s) in a manner consistent with all relevant laws and regulations in effect at the time. As may be requested from time to time by the City, the Owner shall provide the City with documentation identifying the materials(s) removed, the quantity, and disposal destination. 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 to the Owner or Owner's 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 Urban Runoff-related approval with respect to the property on which the BMPs have been installed and/or implemented 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, 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 is 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. 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 3 for its portion of the Property. 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. No termination, modification or amendment of this instrument shall be effective until there has been executed, acknowledged and recorded in the Office of the Riverside County Recorder, an appropriate instrument evidencing the same including the written consent of the City and the Owner (or its heirs, successors, executors, administrators and assigns). [Remainder of Page Intentionally Left Blank; Signature Page Follows] 4 IN WITNESS W EREOF, the Owner has affixed its signature as of this 1 �1 day of 2023. OWNER: Cathedral Cove 1 .0, LLC A California limited liability company By: 1..cY Crai . Smith Ma ger 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 drts..h9V¢_ ) On M ? .lam a3 before me S hW1 '1YGN'K,o — rr•so ,a notary public,personally appeared Cro:A A . Smi ,who proved to me on the basis of satisfactory evidence to be tie person(Xwhose name is/are subscribed to the within instrument and acknowledged to me that he7S,lieiLthey.executed the same in hiss authorized capacity(i•es), and that by his firer/t1}eir signatures on the instrument the person(ca'), 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. LL�C•,M SHERI FRANCO-MOR n ia Notary Pubtic Californ 47"01.0%." (SEAL) ' S Orange County : Y Commission# Signature `044'' My Comm.Expires J2294357ul f 9,2023 6 EXHIBIT "A" ' e I i91 1 5 1 1 a 3Nb0_Yf1Yd 3iw 1 I•... 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