HomeMy WebLinkAboutRecorded Doc 2023-049 2 - 014
RECORDING REQUESTED BY: 2023-0245707
Sunnyside Square Investments, Inc. 08/18/2023 05:00 PM Fee: $ 0.00
AND WHEN RECORDED MAIL TO: Page 1 of 7
CITYRecorded in Official Records
OF CATHEDRAL CITY-CITY
County of Riverside
ENGINEER 68700 AVENIDA LALO Peter Aldana
GUERERRO Assessor-County Clerk-Recorder
CATHEDRAL CITY, CA 92234 I
I � 41115,11g1'I
r 977
COVENANT FOR STREET LIGHT MAINTENANCE AND PAYMENT
Owners:: Sunnyside Square Investments, inc.
A California corporation
Property Address: 34500 Date Palm Drive, Cathedral City CA 92234
Assessor Parcel: 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 Drive, 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 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")
required the project to install one 5800 lumen CITY and Southern California Edison
("SCE") approved light emitting diode (LED) street light and luminaire, on the Victoria Drive
frontage of the PROPERTY together with pole, support arm, control facilities, conduit,
external/internal wiring, pull boxes, meters, and all related appurtenances of a specified
design to make the LED street light and pole complete and functional, hereinafter referred
to as "STREET LIGHT"; and
WHEREAS, the OWNER is required to install STREET LIGHT on the Property
frontage as shown on the Street Improvement Plans, on file with the CITY, hereinafter
referred to as "PLANS"; or as described in the Conditions of Approval of said Conditional
Use Permit; and
WHEREAS, said STREET LIGHT, installed within the public right-of-way, is part of
an OWNER'S coordinated and funded facility with SCE, or any other 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, or any other electrical power successor or assign; and
WHEREAS, the OWNER is are aware that the "ALL NIGHT — LS-1" service
agreement with SCE, or any successor power purveyor, requires funding in perpetuity to
ensure that STREET LIGHT shown on the PLANS is maintained and energy costs paid for;
and that, therefore, such costs are the sole responsibility of the OWNER in accordance
with the terms of this Covenant.
NOW THEREFORE, OWNER covenants, promises and agrees as follows:
1 . OWNER shall pay all SCE fees and invoices for the installation and ongoing
maintenance and energy charges of STREET LIGHT 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.
2. In the event OWNER or OWNER'S successors or assigns, fail to pay the
SCE invoices for the STREET LIGHT operational costs contemplated by this Covenant,
within five (5) days of being given written notice by the CITY, the CITY is hereby
authorized to cause any payment necessary for the STREET LIGHT's continuous
operation 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 Civil Code from the date of the notice of expense until paid in full.
3. 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 approvals with respect to the
PROPERTY for which the STREET LIGHT had been installed for until such time as
OWNER repays the CITY its reasonable costs incurred in accordance with paragraph 2
above.
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 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.
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, 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.
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 OWNERS:
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.
IITNESS HEREOF, the OWNER has affixed its signature as of this
day of ! ' ` �_ . 2023..
OWNER:
SUNNYSIDE SQUARE INVESTMENTS, INC.
A California corpor 'on
By:
Alex Pilibos, kG1 /-kl ei cvi N ( I f b0 s
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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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 11� )
On ( D2, 2O 2 , , before
me \\A1 CIh6\E I _ l _ooe,7, , a Notary Public, personally
appeared y,arla Y �JV ,awn --Pi i �j , who proved to
me on the basis of satisfactory evidence to be the person(,) whose named
subscribed to the within instrument and acknowledged to me that he/ ey executed
the same in his/I)ir/ttytir authorized capacity(j,es`), and that by his/ /teir signature(- )
on the instrument the person(, or the entity upon behalf if which the personfs') 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.
_e:Iii_ I. A (SEAL)
Signa re
MICMELLE L.CORTEZ
jNotary Public•California
i �ti, San Joaquin County t+ Commission tl 217t70t
My Comm.Expires A„q 21,Z025
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PETER ALDANA RecorderP.o.sox 751
COUNTY OF RIVERSIDE Riverside,CA 92502-0751
:4111i (951)486-7000
ASSESSOR-COUNTY CLERK-RECORDER
www.rivcoacr.org
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"MY Cl4R�
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):
--f-fr, rs din,y OF Ai i, s 2, 6123
Date: 41g/15
Signature:
Print Name: 0. 0nSibiteL
ACR 601(Rev.09/2005) Available in Alternate Formats