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RECORDING REQUESTED BY: 2023-0245706
08/18/2023 05:00 PM Fee: $ 0.00
Sunnyside Square Investments, Inc. Page 1 of 8
Recorded in Official Records
AND WHEN RECORDED MAIL TO: County of Riverside
Peter Aldana
CITY OF CATHEDRAL CITY Assessor-County
r Clerk-Recorder
68700 AVENIDACITY nLALO GUERERRO GINEER ' I �� � 7� II I�I1I III
CATHEDRAL CITY, CA 92234
977
Covenant for Water Quality Management Plan and Urban Runoff
Best Management Practices Transfer, Access and 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 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 BMP's are the sole responsibilities of the Owner
in accordance with the terms of this 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 BMP"s 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 five (5) 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.
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. Owner shall notify any
successor to title of all or part of the Property about the existence of this Covenant.
Owner shall provide such notice prior to such successor obtaining an interest in all or
part of the Property. Owner shall provide a copy of such notice to the City at the same
time such notice is provided to the successor.
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 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
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. 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.
IN WITNESS WHEREOF, the Owner has affixed its signature as of this
day of � �� 7 ,
OWNER:
Sunnyside Square Investments, Inc.
A California Corporation
By.
Alex Pilibos,
Chief Executive Officer.
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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Dinah Shore Dr
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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 I YQs no )
On AU0 U2, D-O 3 , before me •-/1ic1Ieue L ?_ , a
notary public, personally appeared qeites,Mei Ckt 91tril Pi It1j113who proved to
me on the basis of satisfactory evidence to be the person} ) whose name(') is/
subscribed to the within instrument and acknowledged to me that he/ /fey executed
the same in his/I r/tWir authorized capacity(iesl, and that by his/Vityeir signatures
on the instrument the person(so}', or the entity upon behalf if which the persori. 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.
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Sign lure
MKHELLE L.CORTEZ
Notary Public-California
„t San Joaquin C3unty
Commission Y 2�71701
—My Coma.E.oires Aug 2t.2025
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00 'G PETER ALDANA Recorder
G r- F PO.Box 751
COUNTY OF RIVERSIDE Riverside,CA 92502-0751
ASSESSOR-COUNTY CLERK-RECORDER (951)486-7000
`r www.rivcoacr.org
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):
2vI d a-4,y a k A143 s4- 20 23
Date: gl ar 23
Signature:
Print Name: ah n`sh ni& F3tto-04
ACR 601(Rev.09/2005) Available in Alternate Formats