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Home My WebLink AboutRecorded Doc 2018-007 2018-007 2v) 8- 067 DOC # 2018-0007928 • Recording Requested By 01/08/2018 11:37 AM Fees: $104.00 Page 1 of 6 • Fidelity National Title Recorded in Official Records County of Riverside Peter Aldana . PLEASE COMPLETE THIS INFORMATION Assessor-County Clerk-Recorder RECORDING REQUESTED BY: "This document was electronically submitted to the County of Riverside for recording" MIRAGE BOB HOPE VARNER,LLC Receipted by:MARY#420 (Owner) AND WHEN RECORDED MAIL TO: CITY OF CATHEDRAL CITY-CITY ENGINEER 68700 AVENIDA LALO GUERERRO CATHEDRAL CITY,CA 92234 Covenant for Street Light Maintenance Owner: MIRAGE BOB HOPE VARNER.LLC Property Address: 31-250,31-280,31-300, 31-330,31-350,31-380, 31-400, 31-450 BOB HOPE DRIVE APN: 670-250-019.650-080-095 AND 650-090-044 WHEREAS, MIRAGE BOB VARNER. LLC ("OWNER") owns real property ("PROPERTY") in the City of Cathedral City, County of Riverside, State of California, more specifically described in Exhibit "A" and depicted in Exhibit "B", each of which exhibits is attached hereto and incorporated herein by this reference; WHEREAS, at the time of initial approval of development project know as PARCEL MAP NO. 36619 within the PROPERTY described herein,the City of Cathedral City("CITY") requires the project to install one or more CITY and Southern California Edison ("SCE") approved light emitting diode (LED) luminaire of a specified lumen, pole, support arm, control facility,external/internal wiring and all related appurtenances of a specified design to make the LED street lamp and post complete and functional hereinafter referred to as • "STREET LIGHT"; WHEREAS,the OWNER is required to install STREET LIGHT for the Property frontage as shown on the Street Improvement Plans,on file with the CITY, hereinafter referred to as "PLANS"; WHEREAS, said STREET LIGHT, installed within the public right-of-way, are part of an Owner coordinated and funded facility with SCE, or any successor or assigns power purveyor; Exempt from fee per GC 27388.1(a)(1); fee cap of$225 WHEREAS, the Owner is required to coordinate and enter into an "ALL NIGHT - LS- 1" service agreement with SCE, or any successor or assigns power purveyor; WHEREAS,the OWNER is aware that the"ALL NIGHT-LS-1"service agreement with SCE, or any successor power purveyor, requires funding for perpetuity to ensure that STREET LIGHT shown on the PLANS is maintained and energy costs paid for; and that, therefore, 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 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, fails 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 that 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 OWNER: City of Cathedral City Mirage Bob Hope Varner, LLC Attn: City Manager Attn: Brent Ogden,Jr. 68-700 Avenida Lalo Guerrero 567 San Nicolas Drive, Suite 130 Cathedral City, CA 92234 Newport Beach, CA 92660 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. IN WITNESS HEREOF, the parties hereto have affixed their signatures as of this day of v4,0CY 2-OltS . [All owners of record must sign.] OWNER: OWNER: (Owner's name) (Owner's name) (Signature) (Signature) ZR■e,^Ji i..,•z.. /0/414494,0e (Name&Title) l (Name&Title) • 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 r2i Anne Mansour, Notary Public On J Gt- �C� 'l c , before me ,a notary public, personally, personaTB 673 f C 'i'/ ^�' j ,who proved to me on the basis of satisfactory evidence to be the person . whose name(9/aye subscribed to the within instrument and acknowledged to me tha she./they executed the same in 416/ el./their authorized capacity(ies}; and that by 0Y/her/their signature on the instrument the person O, or 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. WITNESS my hand and official seal. ,�. ANNE MANSOUR , - Commission#2115355 i`q ''< Notary Public-California �, P► Orange County M Comm.Ex free Jul 11,2019 Li Q _ ° (SEAL) Si na ure December 26,2017 JN 153050.01 • EXHIBIT"A" DEVELOPER PROPERTY SECTION 13,TOWNSHIP 4 SOUTH,RANGE 5 EAST,S.B.M. SECTION 18,TOWNSHIP 4 SOUTH,RANGE 6 EAST,S.B.M. Those certain parcels of land situated in the City of Cathedral City, County of Riverside, State of California,being Lots `A' and `B', together with Parcels 1 through 8, inclusive, of Parcel Map No. 36619 on file in Book 244, Pages 21 through 27, inclusive, of Parcel Maps in the office of the County Recorder of said County and State, and being located within a portion of Section 13, Township 4 South, Range 5 East and Section 18,Township 4 South,Range 6 East, San Bernardino Meridian. CONTAINING: 9.13 Acres,more or less. ALL SUBJECT TO all Covenants,Rights,Rights-of-Way and Easements of Record. This description was prepared by me or under my direction. ..," 4111111. 11111111rff Os h d Q ag, IS Christopher L.Alberts,PLS 8508 * �' 8508y * /—z 208 Date Of CAL\/ Page 1 of 1 f EXHIBIT "B" PLAT TO ACCOMPANY A LEGAL .,4 , ,),„,DESCRIPTION. / / 1 / PARCEL MAP NO. 30491 $ \ r PMB 219/84-90/ �� .1.- 1 ��QQ ■ \ / \<1., / p� NV '' J Q∎ti co, - 4 36619 G ti) ARCO- MAP 41• _ y J�� Qom/ P.M.B• ... 2 3 \ I `�7 5 \ �'A -v 6 dfil -< / - \rte 90 dleie\ 0 oo�, \ 6� 4 8 o \ / X009\ E'LY LINE \ 1�� 009 j9 SEC. 13 A s�,9 -6 / iF � tiro 1 V y�q � i xI ti �� \ 0ii,v I.A0 fah v SHEET 1 OF 1 damp �1 /`�' Michael Baker �+ zo.�! E INTERNATIONAL Of CAFE 75410 Gerald Ford Drive,Suite 100,Palm Desert,Ca.92211 Phone:(760)346-7481 •MBAKERINTL.COM DECEMBER 26, 2017 JN: 153050