HomeMy WebLinkAboutRecorded Doc 2022-087 2022-0473292
RECORDING REQUESTED BY: 11/16/2022 04:46 PM Fee: $ 0.00
Page 1 of 6
68350 Commercial Road,LLC Recorded in Official Records
(Owner) County of Riverside
Peter Aldana
Assessor-County Clerk-RecorderJlj ' �`
AND WHEN RECORDED MAIL TO: 'III`''��� 1,III I,oJ 1���S�II'I`I■111'
City of Cathedral City
Attn:City Clerk
68700 Avenida Lalo Guerrero
Cathedral City CA 92234
COVENANT FOR PROPERTY MAINTENANCE
Owner: 68350 Commercial Road, LLC
A Delaware Limited Liability Company
Property Address: 68350 Commercial Road, Cathedral City CA 92234
Assessor Parcel: 687-312-018
WHEREAS, 68350 Commercial Road, LLC, is the Owner(Owner)of real property
("Property") in the City of Cathedral City, County of Riverside, State of California, more
specifically described in Exhibit "A", and as depicted in the sketch marked Exhibit "B",
which are attached hereto and incorporated herein by this reference; and
WHEREAS, at the time of initial approval of a development project knows as "
Satellites Dip", under City of Cathedral City Conditional Use Permit No. CUP 16-020A,
approved by the City of Cathedral City Planning Commission on December 6, 2017,
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
WHEREAS, the OWNER is 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 use commercially reasonable efforts to regularly
cleanup and remove the accumulation of 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 access, during normal business
hours, to the exterior of the Property, as described herein, upon reasonable written notice,
or with no advance notice in the event of emergency, as reasonably determined by CITY,
for the purpose of inspection for compliance with the terms of this Covenant. Such site
visits shall be conducted in the presence of a representative of the OWNER, in a manner
that minimizes interference with the use of the Property and does not contravene any
leases or unreasonably interfere with any tenants.
3. In the event OWNER, or its successors or assigns, fail to accomplish the
necessary maintenance contemplated by this Covenant within ten (10) business days of
being given written notice by the CITY, the CITY is hereby authorized to cause any
reasonable maintenance necessary to be done and charge the reasonable 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. Within thirty(30) business days of incurring any costs and expenses, the
CITY shall provide to OWNER proper documentation, including but not limited to any
invoices, receipts, and an itemization of all costs and expenses incurred.
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 OWNERs. 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.
OWNERs 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 68350 Commercial Road, LLC
Attn: City Manager C/o Stephen A. MacDonald, Manager
68-700 Avenida Lalo Guerrero 3114 Tuxedo Avenue
Cathedral City, CA 92234 West Palm Beach FL 33405
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 hap of faxed its signature as of
this I /44A- day of DC , 2022.
OWNERS:
68350 Commercial Road, LLC
A Delaware Limited Liability Compan,lc,--'*--"-7'
' Ste . acDonald
Manager
(all signatures must be properly acknowledged before a Notary and the
Acknowledgment must be attached)
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
In the City of Cathedral City, County of Riverside, State of California:
All of Lot 18 and that portion of Lot 13 of Tract No. 6066, as shown by map
on File in Book 103, at Pages 4 through 7, inclusive, of Maps, Records of Riverside
County, California, and as amended by that certain Certificate of Correction
recorded on December 3, 1980, as Instrument No. 226372, in Official Records, more
particularly described as follows:
Beginning at the most westerly corner of said Lot 18, said point being on the
Northerly right of way of Commercial Road,60.00 feet wide;
Thence, North 19° 53' 22" East, along the Westerly lines of said Lots 18 and
13, a distance of 199.27 feet to a point distant thereon Northerly 3.00 feet from the
Southwesterly corner of said Lot 13;
Thence, parallel with the Southerly line of said Lot 13, South 70°06'38" East,
a distance of 95.00 feet to a point on the Easterly line of said Lot 13, distant thereon
Northerly 3.00 feet from the Southeasterly corner pf said Lot 13;
Thence, South 19° 53' 22" West along the said Northerly line of Lot 13 a
distance of 3.00 feet to the Southeasterly corner thereof;
Thence, South 70° 06' 38" East along the Northerly line of said Lot 18 a
distance of 7.65 feet to the Northeasterly corner thereof;
Thence, South 19° 53' 22" West along the Easterly line of said Lot 18 a
distance of 205.90 feet to the Southeasterly corner thereof, being a point on the
Northerly right of way of said Commercial Road, said right of way being a non-
tangent curve concave Northerly and having a radius of 2534.93 feet, a radial of
said curve through said point bears South 24° 04' 44" West;
Thence, Westerly along said right of way through a central angle of 02° 19'
50" a distance of 103.11 feet to the point of beginning.
The above legal description is pursuant to Certificate of Compliance Lot Line
Adjustment LLA No. 5-080 recorded on January 15,1988, as Instrument No. 11522,
in Official Records.
(Note: The above legal description for Exhibit"A" was taken from the Grant Deed
to Commercia168350, LLC, recorded on September 28, 2018, as Instrument No. 2018-
0389227, in Official Records of Riverside County)
EXHIBIT "B"
VICINITY SKETCH
CONDITIONAL USE PERMIT CUP 16-020A
LOCATION
68350 Commercial Road •
Assessor's Parcel No. 687-312-018
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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.
Wel"Welkie-mta.r‘Od-/O4-
County of Via-(Yv` &a ou )
On 0C-4-obeii ( l 2 0 , before me,
1c ( I\ k ()G ell , a Notary Public, personally
appeared S hen ii/la'��i i Pt
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they 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&afifomia that the foregoing
paragraph is true and correct. F( /Ji;04-
WITNESS my hand and official seal.
rum (SEAL)
Signature
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s rute Notary Public State of Florida
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