HomeMy WebLinkAboutRecorded Doc 2023-047 2UZ3 -0/ -
2023-0245705
Recording Requested by: 08/18/2023 05:00 PM Fee: $ 0.00
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Sunnyside Square Investments, Inc. Recorded in Official Records
County of Riverside
And when recorded mail to: Peter Aldana
City Clerk Assessor-County Clerk-Recorder
City of Cathedral City 1111 j� , 'II J L 00 111 III
68700 Avenida Lab Guerrero
Cathedral City CA 92234 977
COVENANT FOR PROPERTY MAINTENANCE
Owner:: Sunnyside Square Investments, Inc.
A California Corporation
Property Location: 34500 Date Palm Drive, Cathedral City CA 92234
Assessor Parcel: APN 673-172-001
WHEREAS, Sunnyside Square Investments, Inc., a California Corporation
("Owner") owns real property ("Property") In the City of Cathedral City, County of
Riverside, State of California, located at the southeast corner of Date Palm Drive
and Victoria Dive, which is more particularly 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 the development project known as the
Food for Less fueling center, under City of Cathedral City Conditional Use Permit No. 21-
016, approved by the City Council of the City of Cathedral City on October 12, 2022,
within and upon the Property described herein, the City of Cathedral City ("City")
Conditions of Approval for the conditional use permit and the Municipal Code 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 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 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 and highway 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(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 shall 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 Sunnyside Square Investments, Inc.
Attn: City Manager 1625 E. Shaw Avenue, Suite 130
68-700 Avenida Lalo Guerrero Fresno CA 93710
Cathedral City, CA 92234 Attn: Alex Pilibos, CEO
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 WHEREOF, the NER has affixed its signature as of
this --- day of :-.----V-
, 2023.
OWNER:
SUNNYSIDE SQUARE INVESTMENTS, INC.
A California Cor oration
By: �
Alex Pilibos coca rerieyaocLer 5{-G12 1?V1 P00I '9°S
Chief Executive Officer
(All signatures must be properly acknowledged before a Notary and the
Acknowledgment must be attached)
EXHIBIT "A"
Legal Description of Property
The following described property in the City of Cathedral City, County of
Riverside, State of California:
Parcel 1:
Lot 33 of Cathedral Estates No. 2, as shown by map on file in Book 28, Page
85, of Maps, Records of Riverside Cunty, California.
EXCEPTING THEREFROM that portion thereof conveyed to the County of
Riverside by deed recorded December 21, 1973, as Instrument No. 164794 of
Official Records of Riverside County, California.
Parcel 2:
The Northerly 20 feet of Lot 32 of Cathedral Estates No,. 2, as shown by map
on file in Book 28, Page 85, of Maps, Records of Riverside County, California.
Parcel 3:
The Northerly 155 feet of the Westerly 132.85 feet of Lot 24 of Plumley and
Son Subdivision, as shown by map on file in Book 10 Page 94 of Maps, records of
Riverside county, California.
EXCEPTING THEREFROM that portion thereof conveyed to the County of
Riverside by deed recorded September 5, 1973, as Instrument No. 117343 of Official
Records of Riverside County, California.
Assessor Parcel 673-172-001
EXHIBIT "B"
VICINITY SKETCH
CONDITIONAL USE PERMIT NO. 2021-016
LOCATION
Southeast Corner of Date Palm Dr. and Victoria Dr.
Assessor's Parcel No. 673-172-001
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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 1yo S r U )
On , 02, �Q��j ,before me, �L\ del te
L 0,014 \-L L , a Notary Public, personally
appeared si-c4Y-\(I-e✓ SikOn
hc71 1% boy , who proved to
me on the basis of satisfactory evid nce to be the person(s'whose name(w' is/aye
subscribed to the within instrument and acknowledged to me that he/s)'e/tney executed
the same in his/I}'r/tl, it authorized capacity(ip), and that by his/h -/tlir signature(%) on
the instrument the person(vc, or the entity upon behalf if which the personf 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)
Sig ture
��.y AUCHELLE L.CORTEZ
- :_.� Notary Public-California
i , San Joaquin County _*.,'
i Commission M 2)71701
My Comm.Ex7ires Aug 21,2025
of Rio,
o° 'G PETER ALDANA Recorder F P.O.Box 751
COUNTY OF RIVERSIDE Riverside,CA 92502-0751
41416 1ASSESSOR-COUNTY CLERK-RECORDER (951)486-7000
y�_ ��� www.rivcoacr.org
``�M'Y cL06.
CERTIFICATION
Pursuant to the provisions of Government Code 27361.7, I certify under the penalty of perjury
that the following is a true copy of illegible wording found in the attached document:
(Print or type the page number(s) and wording below):
41/1 s Zvl d dal of A-11(s+ 23
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Date: Oqg-3
Signature:
Print Name: jMflshkt6\ I3üi' h7)4
ACR 601(Rev.09/2005) Available in Alternate Formats