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2022-0271866
RECORDING REQUESTED BY: 06/15/2022 02:50 PM Fee: $ 0.00
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Eddie R. Fischer, Trustee Recorded in Official Records
(Owner) County of Riverside
Peter Aldana
Assessor-County Clerk-Recorder
AND WHEN RECORDED MAIL TO: I 1NTRITY'r01111111
City of Cathedral City ,
Attn: City Clerk
68700 Avenida Lalo Guerrero
Cathedral City CA 92234
COVENANT FOR PROPERTY AND STREET LIGHT MAINTENANCE
Owner: Eddie R. Fischer, Trustee of the Fischer Family Trust dated January
24, 1975, and Eddie R. Fischer, Trustee of the Eddie R. Fischer
Grandchilden's Trust dated December 31, 1992,
Property Address: 68956 Perez Road, Cathedral City CA 92234
Assessor Parcel: 687-330-010
WHEREAS, The above described Owner ("Owner") owns real property
("Property") in the City of Cathedral City, County of Riverside, State of California,
described as all of Lot 7 and a portion of Lot 8 of Amended Tract No. 12938, as shown
by map on file in Book 108 of Maps, at Pages 60 and 61, inclusive, Records of Riverside
County, California, as more particularly described in Exhibit "A", and depicted in the
vicinity map marked Exhibit "B", which are attached hereto and made a part hereof; and
WHEREAS, at the time of its initial approval of the commercial projects known as
Conditional Use Permits No. 17-022, 17-023 and 17-024 on August 2, 2017, and
Conditional Use Permit No. 16-033B on September 4, 2019, and Conditional Use Permit
No. 19-009 on July 15, 2020, and Conditional Use Permit No. 20-019 on June 2,2021,
and Conditional Use Permit No. 21-004 on November 3, 2021, all within and upon the
Property described above, the City of Cathedral City Planning Commission made such
approvals subject to compliance by Owner with certain Conditions of Approval, which
included a requirement that the projects employ certain maintenance practices on the
Property and that the Owner execute and record a Covenant to that effect. Additionally,
said Conditions of Approval required the project to install one City and Southern
California Edison (SCE) approved 22,000 lumen light emitting diode (LED) street light on
the Date Palm Drive frontage of the Property, and one City and SCE approved 22,000
lumen LED street light on the Perez Road frontage of the Property, together with all
required poles, support arms, luminaires, external and internal wiring, conduit, pull boxes
and related appurtenances to make the LED street lights complete and functional,
hereinafter referred to as "Street Lights"; and that the Owner pay for their continued
maintenance and energy costs and to execute and record a Covenant to that effect; and
WHEREAS, the OWNER is aware that such property maintenance practices and
continuous maintenance are required to comply with the Project's Conditions of Approval,
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 required to install the street lights on the Property
frontages as described above and as shown on the Project Improvement Plans, on file
with the City, hereinafter referred to as "Plans"; and understands said Street Lights,
installed within the public right-of-way, are part of an Owner coordinated and funded
facility with SCE, or any electrical power successor or assign; and
WHEREAS, the Owner is required to coordinate and enter into an "ALL NIGHT —
LS-1" service agreement with SCE, and Owner is aware that such "ALL NIGHT — LS-1"
service agreement with SCE, or any successor power supplier, requires funding for
perpetuity to ensure that the Street Lights shown on the said Plans are maintained and
energy costs paid for; and that such costs are the sole responsibility of the Owner in
accordance with the terms of this Covenant; and
WHEREAS, the Owner is desirous of recording Covenants against the Property to
assure such property maintenance and the payment of costs for the maintenance and
energy usage of the Street Lights.
NOW THEREFORE, Owner covenants, promises and agrees as follows:
1. To be responsible for and to perform regular and continuous cleanup and
removal of all blow sand, debris, trash, rubbish and other deleterious materials from the
Property, including all street and highway frontages of the Property, and all gutters, gutter
pans, sidewalks, parkways, planters, driveways, parking lots, drive aisles, drains,
interceptors, basins, and facilities and other areas within and abutting the Property.
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 property 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. To pay all SCE fees and invoices for the installation and ongoing
maintenance of the Street Lights in a timely manner assuring operational performance
at all times. As may be requested from time to time by the City, the Owner shall provide
the City with documentation identifying that the SCE invoice(s) is paid.
5. In the event Owner or Owner's successors or assigns, fails to pay the SCE
invoices for the Street Light operation and maintenance costs contemplated by this
Covenant, within ten (10) days of being given written notice by the City, the City is hereby
authorized to cause any payment necessary for the continuous operation of the street
light and charge the entire cost and expense to the Owner, or its successors or assigns,
including administrative costs, attorney fees and interest thereon at the maximum rate
authorized by the State Civil Code from the date of the notice of expense until paid in full.
6. 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.
7. 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.
8. 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.
9. 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.
10.. Any notice to a party required or called for in this 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 Eddie R. Fischer, Trustee
Attn: City Manager c/o Vista Paint Corporation
68-700 Avenida Lalo Guerrero 2020 E. Orangethorpe Ave. #210
Cathedral City, CA 92234 Fullerton CA 92831
11. Time is of the essence in performance of this Covenant.
12. 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.
14. All of the Covenants contained herein shall remain in full force and effect
and may only be amended or terminated with the express advance written approval of
the City of Cathedral City.
IN WITNESS HEREOF, the Owner has affixed its signature as of
this g Y day of , 202 .
OWNER:
Eddie R. Fischer, Trustee of the Fischer
Family Trust dated January 25, 1975
Eddie R. Fischer, Trustee of the Eddie R.
Fischer Grandchildren's Trust dated
December 31, 1992
(all signatures must be properly acknowledged before a
Notary, with acknowledgment attached hereto)
EXHIBIT "A"
LEGAL DESCRIPTION OF "PROPERTY"
All of Lot 7 and a portion of Lot 8 of Amended Tract No. 12938, as shown by map
on file in Book 108 of Maps, at Pages 60 and 61 inclusive, Records of Riverside County,
State of California, as described in the Certificate of Compliance for Lot Merger No. 99-
281, recorded November 23, 1999, as Instrument No. 516609, in Official Records of
Riverside County, described as follows:
Beginning at the most Northerly corner of said Lot 8, being a point on the
Northeasterly tract boundary of said Amended Tract No. 12938;
Thence, South 46° 38' 35" East, along said Tract boundary, a distance of 130.00
feet to the most Easterly corner of that certain parcel described in the Deed recorded
June 1, 1995,as Instrument No. 176069, in Official Records of Riverside County, said
corner also being the True Point of Beginning;
Thence, continuing, South 46° 38' 35" East a distance of 291.00 feet to the
Westerly right of way line of Date Palm Drive as shown on said Amended Tract No.
12938;
Thence, South 00° 05' 09" East, along said right of way line a distance of 227.81
feet to a point on the Northerly right of way line of Perez Road, as shown on said
Amended Tract;
Thence, South 43° 53' 28" West, along said right of way line a distance of 16.93
feet;
Thence, South 89° 54' 41" West along said right of way line a distance of 10.70
feet to the beginning of a tangent curve, concave Northerly and having a central angle
of 59° 05' 09" and a radius of 250.00 feet;
Thence, Westerly and Northwesterly along said curve and said right of way line a
distance of 257.81 feet;
Thence, North 31° 00' 00" West, along said right of way line a distance of 208.11
feet to the most Southerly corner of the said parcel described in Instrument No. 176069;
Thence, North 43° 21' 25" East along the Easterly line of said Parcel described in
Instrument No. 176069, a distance of 192.80 feet to the True Point of Beginning.
EXHIBIT "B'
VICINITY MAP
Conditional Use Permits CUP 16-033B, 17-022,
17-023, 17-024, 19-009 and 20-019
LOCATION
68956 Perez Road
Assessor's Parcel No. 687-330-010
411116,
*61
4
1) Project °
Site
1
AVE I BUDDY ROGERS AVE
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 OVA►�q�- )
On &tLY C n 7)"1 'VOA- ,before me VDY1 Pl n\nS0Yl , a
notary public, personally appeared \d,4\;. 12' A SCE v , who proved to
me on the basis of satisfactory evidence to be the person(s)whose name(s)is/ace subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in
his/her-it-heir authorized capacity(ies), and that by his/fir 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.
DEVON ATKINSON
�• Notary Public•California
Orange County
� �° Commission M 2241333
(SEAL) "10'" My Comm.Expires Jun 2,2022
Signature