HomeMy WebLinkAboutRecorded Doc 2022-061 2022-0372690
08/25/2022 04 30 PM Fee: $ 0.00
AMNM HOLDINGS, LLC
(Owner) Page 1 of 5
Recorded in Official Records
County of Riverside
AND WHEN RECORDED MAIL TO: Peter Aldana
Assessor-County Clerk-Recorder
CITY OF CATHEDRAL CITY • ' "'i'" ' 'i"
68700 AVENIDA LALO GUERERRO
CATHEDRAL CITY,CA 92234
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COVENANT FOR PROPERTY MAINTENANCE
Owner: AMNM HOLDINGS, LLC
a California limited liability company
Property Address: 36450 Bankside Drive, Cathedral City CA 92234
Assessor Parcel: 687-312-016
WHEREAS, AMNM Holdings, LLC ("Owner") owns real property ("Property") in
the City of Cathedral City, County of Riverside, State of California, more specifically
described as:
Lot 11 of Tract No. 6066, in the City of Cathedral City, County of Riverside, State
of California, as per map on file in Book 103, at Pages 4 through 7, inclusive, of Maps, in
the office of the County Recorder of said County;
and depicted in Exhibit "A", which is attached hereto and incorporated herein by
this reference; and
WHEREAS, at the time of initial approval of the development project known as
"We Care Cat City" under City of Cathedral City Conditional Use Permit No. CUP 16-
044B, approved by the City of Cathedral City Planning Commission on June 20, 2018,
on and within the Property described herein, the City of Cathedral City ("CITY") required
the project to employ certain maintenance practices on the Property and required that the
Owner 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 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, fail 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 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 AMNM Holdings, LLC
Attn: City Manager 9772 Via Roma
68700 Avenida Lalo Guerrero Burbank CA 91505-1141
Cathedral City, CA 92234 Attn: Anna Mazmanyan, 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 2. "7 day of , 202 .
OWNER:
AMNM HOLDINGS, LLC
A California limited liability company
By:
Anna Mazmanyan, Its Manager
(all signatures must be properly acknowledged before a Notary and the
Acknowledgment must be attached)
EXHIBIT "A"
VICINITY MAP
CONDITIONAL USE PERMIT CUP 16-044B
LOCATION
36450 Bankside Drive
Assessor's Parcel No. 687-312-016
1157111
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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 (,6 5 -e(-e5. )
On ?/z 4Zz , before
me ? vokt,e , a notary public, personally
appeared , who proved to
me on the basis of satisfactory evidence to be the person whose name()Cre
subscribed to the within instrument and acknowledged to me that hehey executed
the same in hid, eir authorized capacity( and that by his/their signaturen
the instrument the person(s), er 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.
WI NESS hand and official seal.
(SEAL)
S' a vt _
JOE PAVONE
comm.#2296106
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NOTARY PUYLIC *CALIFORNIA
Comm023
�F/ LOS ANGELES COUNTY -'
JULY 29,