HomeMy WebLinkAboutA8528 - DESERT HOMES, INC. AND TRINITA SPERANZA, INC. - ADDRESS 1507 SAN JACINTO WAY 2020-0' 173592
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RECORDING REQUESTED BY: (Recorded in Official Records
CITY OF PALM SPRINGS County of Riverside
(Peter Aldana
Assessor-County Clerk-Recorder
AND WHEN RECORDED MAIL TO: 'III MAC I �►"I�+�'I III _
City of Palm Springs
P. O. Box 2743
Palm Springs, CA 92263 #221
Attn: Office of the City Clerk c)
SPACE ABOVE FOR RECORDER ONLY
Filing fee EXEMPT per Government Code 6103
COVENANT AGREEMENT
(DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS)
THIS AREA FOR
RECORDER ' S
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USE ONLY
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FREE RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
CITY OF PALM SPRINGS
PO Box 2743
Palm Springs, CA 92263-2743
Attn: City Clerk
Filing Fee Exempt Per Government Code 6103 (For Recorder's Use Only)
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS TO INSTALL
STREET IMPROVEMENTS UPON NOTICE (SINGLE FAMILY RESIDENCE)
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS TO
INSTALL STREET IMPROVEMENTS UPON NOTICE ("Declaration") is.entered into this
I�day of FeSrua2Y 2020, by and between Desert Homes, Inc and Trinita
Speranza, Inc ("Declarants"), whose address is 385 W 22"d Avenue; Vancouver, BC
Canada V5Y2H5 and the CITY OF PALM SPRINGS, a municipal corporation ("City"),
whose address is PO Box 2743, 3200 E. Tahquitz Canyon Way, Palm Springs, CA
92263, Attn: City Clerk.
RECITALS:
A. Declarants are the owners of that certain real property located in the City
of Palm Springs, County of Riverside, State of California, commonly known as 1507 San
Jacinto Way, Palm Springs, California 92262, more particularly described on Exhibit
"A" attached hereto and incorporated herein by reference (APN 507-246-004)
("Property").The City has fee or easement interests in various streets, sidewalks and
other property within the City and is responsible for the planning and development of
land within the City in such a manner as to provide for the health, safety and welfare of
the residents of the City. That portion of the City's interest in real property most directly
affected by this Agreement is San Jacinto Way ("Public Parcel").
B. Declarants desire to obtain building permit(s) and other City approvals to
construct a single family residence upon the Property ("City Approval"). Section
93.09.00 E of the City Zoning Ordinance requires as a condition precedent to the
approval of the City Approval, that Declarants construct certain street, traffic signal or
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other improvements on the Property or the Public Parcel, which street improvements are
more particularly described on Exhibit "B" attached hereto and incorporated herein by
reference ('Improvements"). Declarants desire to defer the construction of the
Improvements and, pursuant to Section 93.09.00 E of the City Zoning Ordinance, the
Director, Department of Public Works/City Engineer has determined that the
construction of the Improvements can be deferred on the terms more :particularly set
forth herein.
NOW THEREFORE, the Declarants declare, covenant and agree, by and for
themselves, their heirs, executors and assigns, and all persons claiming under or
through it that the Property shall be held, transferred, encumbered, used, sold,
conveyed, leased and occupied subject to the covenants and restrictions hereinafter set
forth, which covenants are established expressly and exclusively for the use and benefit
of the City and the Public Parcel.
1.0 Covenants, Conditions and Restrictions.
1.1 Construction of Improvements. At any time after this Declaration
is executed by Declarants and if one of the following conditions has occurred: (i) over 50
percent of the lineal right-of-way on that side of the street and in that block (herein
referred to as the "50 % Qualifier Standard") has been constructed to the ultimate
location, or(ii) the.City has obtained covenants from the property owners meeting the 50
% Qualifier Standard, or, (iii) the City is prepared to proceed with a public improvement
project which will cause construction of the improvements meeting the 50 % Qualifier
Standard, then City shall notify Declarants in writing that Declarants must commence
construction of the Improvements ("Notice"). Within ninety (90) days from the date of
the Notice, Declarants shall, at its sole cost and expense, (i) apply for and receive
approval of all necessary permits and approvals required by the City to construct the
Improvements and (ii) commence construction of the Improvements. The construction
of the Improvements shall be in accordance with all laws, ordinances and regulations of
the City and any other governmental entity with jurisdiction in effect at the time
construction is commenced. Declarants shall complete the construction of the
Improvements no later than one hundred twenty (120) days of the date of the Notice.
1.2 Dedication of Improvements. Upon the completion of the
construction of the Improvements and final inspection by the City, Declarants shall
irrevocably offer to dedicate the Improvements to the City.
1.3 Maintenance of Improvements. Until the dedication of the
Improvements is accepted by the City, Declarants shall maintain and repair or cause to
be maintained and repaired the Improvements in a first class condition and repair, free
of rubbish, debris and other hazards to persons using the same, and in accordance with
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all applicable laws, rules, ordinances and regulations of all federal, state, and local
bodies and agencies having jurisdiction, at Declarants' sole cost and expense.
1.4 Right of City to Construct Improvements. The City may, at its
sole discretion, elect to construct the Improvements, either alone or as part of a larger
project, through the establishment of an improvement district, assessment district,
benefit area, or any other lawful plan or procedure for the construction and financing of
public improvements ("District"). If the City elects to establish a District, Declarants
hereby agree to join the District and pay its proportionate share of the cost of
constructing the Improvements. Further, Declarants hereby waive their rights to protest
the formation of the District or the imposition of an assessment under the Special
Assessment Investigation, Limitation and Majority Protest Act of 1931, California Streets
and Highways Code Sections 2800 et seg. or any other procedure for the establishment
of a District and/or the implementation of an assessment.
2.0 Enforcement.
2.1 Rights of City. In the event of any violation or threatened violation
of any of the provisions of this Agreement, then in addition to, but not in lieu of, any of
the rights or remedies the City may have to enforce the provisions hereof, the City shall
have the right (i) to enforce the provisions hereof as a party hereto and as an owner of
the Public Parcel, (ii) to withhold or revoke, after giving written notice of said violation,
any building permits, occupancy permits, certificates of occupancy, business licenses
and similar matters or approvals pertaining to the Property or any part thereof or
interests therein as to the violating.person or one threatening violation and (iii) to obtain
from a court of competent jurisdiction an injunction against such violation or threatened
violation.
2.2 Failure to Perform: Lien. If any owner of the Property defaults on
the performance of any of their obligations hereunder, the City, its employees,
contractors and agents may, at their sole option, and after making reasonable demand
of the owners of the Property that it cure said default, cure the default. In making a cure,
the City shall give the owners of the Property or their representative, reasonable notice
of the time and manner of said action and said action shall only be at such-times and in
such manners as reasonably necessary to carry out this Agreement. In such event, the
owners of the Property shall reimburse the City for all costs and expenses related to the
curing of said default plus interest at a rate of ten percent (10%) per annum commencing
on the date that is thirty (30) days after the date notice thereof is given and ending on
the date said sum is fully repaid. Any and all delinquent amounts, together with said
interest, costs and reasonable attorneys fees shall be a personal obligation of the
owners of the Property as well as a lien and charge, with power of sale, upon the
Property. The City may bring an action at law against the owners of the Property to pay
any such sums. The lien provided for in this Section may be recorded by the City as a
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Notice of Lien against the Property in the Office of the Riverside County Recorder,
signed and acknowledged, which Notice of Lien shall contain a statement of the unpaid
amount of costs and expenses. Such lien may be enforced and foreclosed in a suit or
action brought in any court of competent jurisdiction or in accordance with the provisions
of Section 2924 of the California Civil Code applicable to the exercise of powers of sale
for mortgages and deeds of trust, or in any other manner permitted by California law.
Upon the timely curing of any default for which such lien was recorded, the City shall
record an appropriate release of such lien, upon payment by the owner of the Property
of a reasonable fee to cover the costs of preparing and recording such release,together
with the payment of such other costs, including, without limitation, reasonable attorneys
fees, court costs, interest or other fees which have been incurred.
3.0 Covenants to Run With the Land.
3.1 Covenants Running With the Land. This Declaration is designed
to create equitable servitudes and covenants appurtenant to the Public Parcel and
running with the Property. Declarants hereby declare that all of the Property shall be
held, sold, conveyed, encumbered, hypothecated, leased, used, occupied and improved
subject to the covenants, conditions, restrictions and equitable servitudes, all of which
are for the purposes of uniformly enhancing or protecting the value, attractiveness and
desirability of the Property and the Public Parcel. The covenants, conditions,
restrictions, reservations, equitable servitudes, liens and charges set forth herein shall
run with the Property and shall be binding upon all persons having any right, title or
interest in the Property, or any part thereof, their heirs, successive owners and assigns;
shall inure to the benefit of every portion of the Public Parcel and any interest therein;
shall inure to the benefit of the City and its successors and assigns and successors in
interest; shall be binding upon the Declarants, their successors and assigns and
successors in interest; and may be enforced by the City.
3.2 Agreement Among Declarants, and City. In exchange for \
granting of the City Approval by the City, the Declarants hereby agree to hold, sell and
convey the Property subject to the covenants, conditions, restrictions and reservations of
this Declaration. Declarants also grant to the City the right and power to enforce the
covenants, conditions, restrictions and reservations contained in this Declaration against
the Declarants and all persons having any right, title or interest in the Property, or any
part thereof, their heirs, successive owners and assigns.
4.0 Miscellaneous.
4.1 Term. The covenants, conditions and restrictions contained in this
Declaration shall remain in effect until the Improvements are constructed and accepted
by the City.
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4.2 Modification. This Declaration may not be modified, terminated or
rescinded, in whole or in part, except by a written instrument duly executed and
acknowledged by the parties hereto, their successors or assigns and duly recorded in
the Office of the County Recorder, County of Riverside.
4.3 Governing Law. This Declaration shall be governed by and
construed in accordance with the laws of the State of California.
4.4 Severability. The invalidity or inability to enforce any provision of
this Declaration with respect to a particular party or set of circumstances shall not in any
way affect the validity and enforceability of any other provision hereof, or the same
provision when implied to another party, or to a different set of circumstances.
4.5 Notices. Any notice to be given under this Declaration shall be
given by personal delivery or by depositing the same in the United States Mail, certified
or registered, postage prepaid, to the address set forth on the first page of this
Declaration. Any notice delivered personally shall be effective upon delivery. Any notice
given by mail as above provided shall be effective forty-eight (48) hours after deposit in
the mails. Any party may change address for notice by giving written notice of such
change to the other party.
4.6 Attorneys' Fees. In any action between the parties seeking
enforcement of any of the terms and provisions of this Declaration, the prevailing party in
such action shall be awarded, in addition to any damages, injunctive or other relief, its
reasonable costs and expenses, including attorney's fees.
4.7 Counterparts. This Declaration may be executed in any number of
counterparts each of which shall be an original but all of which shall constitute one and
the same document.
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IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date
first written above.
AIA,7�
By:
Phil Gertsman—Signatory for Desert
Homes, Inc.
By:
N4ward Furlan —Trinita-Speranza, Inc.
"Declarants"
(DECLARANTS' SIGNATURES MUST BE NOTARIZED)
ATTEST: CITY OF PALM SPRINGS,
a municipal corporation
By: By' �!
An ny J. M i , M i David H. Ready
City of Palm Springs/City Clerk City of Palm Springs/ City Manager
"City"
APPROVED AS TO FORM: R %MENSDE
B � y:
Jeff B lin
City of Palm Springs/City Attorney Marcus Fuller
City of Palm Springs/Assistant City
Manager/ City Engineer
APPRO AS TO OWNERSHIP &
LEGAL E CRIP/TIION:
By: . ..✓v /
Rick Minj res
City of P Im Springs/ n ' Bering
Associa e
NOTARY FORMS ON NEXT PAGE
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CERTIFICATE OF ACKNOWLEDGMENT OF
EXECUTION OF AN INSTRUMENT
I
CANADA
---------------------------------------------------------------------------------
(Country)----------------------------------------------------------------------------------------
(Country)PROV_PROVINCE OF BRITISH COLUMBIA
------ - ---------------------------
(County and/or Other Political Division)
SS:
CITY OF VAN60UVER
-------------- -------_------------------------------ ----------- --------
(County and/or Other Political Division) -
U.S. CONSULATE GENERAL
- - ---- ---- -------------------------------------------
(Name of Foreign Service Office) John Anthony Hoyle
Notarizing officer of the
I' ----------------------------------------------United States of America.-------------------------------------------------
of the United States ofAmeficaat Vancouver,.British Columbia, Canada
duly commissioned and qualified,do hereby certify that on this day of_ _ ____ ___0241_-2020 ,before me personally appeared
Date(mm-dd-yyyy)
Phil Gertsman, Signatory for Desert Homes, Inc.
-------------- °------------------------------------------------------------------------------------------------------------------------- ------------------------------
-------------------------------------
-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------
to me personally known,and known to me to be the individual-described in,whose name is subscribed to,
--------------------------------------------
and who axecutedthe annexed instrument,.and being informed by me of the contents of said instrument he
duly acknowledged to me that -- --- --------- ---------------
he ------ executed the same freely and voluntarily for the uses and purposes.
- — ----
therein mentioned. '
In witness whereof I have hereunto set my hand and
official seal ay an r - bov an.
,
,
p� �J
ohn Antho yle
5111
Notarizing- iCei.nf.the.._,.:.of the United States of America.
t���} � �, • b �r< �`����>* United Sta es of America
z'",T�+�rhis"document-consistsof.fj_ pages,including the Acknowledgement certificate.
'NOTE Wherever practicable all signatures to a document should be included in one certificate:
OF-175(Formerly FS-88) '
06-2017
CERTIFICATE OF ACKNOWLEDGMENT OF
EXECUTION OF AN INSTRUMENT
CANADA
- - --------------------------------- -------------------------------
(Country)
PROVINCE OF BRITISH COLUMBIA '
-------------------------------------------------------------------------------
(County and/or Other Political Division) ,
SS:
CITY OF VANCOUVER
----------- --- -------------------------------------------------------- ------
(County and/or Other Political Division)
U.S. CONSULATE GENERAL
_
-----------------------------------------------------------
(Name of Foreign.Service Office) John Anthony Hoyle -
Notarizing Officer of the
), United States of America
of the United States of America at Vancouver, British Columbia, Canada
duly commissioned and qualified,do hereby certify that on this day of_ 02-11_-2020 ,before me personally appeared
Date(mm-dd-yyyy)
Edward Furlan, Signatory for Trinita-Speranza, Inc.
--------------------------------- ---- -------------------- ---------- ----------------- ------ - -------- - - - ------ ----------- ----------------------
to me personally known,and knownto me to be the individual-described in,whose name is subscribed to,
and who executed the annexed instrument,and being informed by me of the contents of said instrument he---------------------
_
duly acknowledged to me that -----------------------he----------,------------ executed the same freely and voluntarily for the uses and purposes.
therein mentioned. -
`�'�`�Q°t, '6a9 �p7 h'�M`�.� In witness whereof)have hereunto set m hand and
SEAL � ,°�s ,��r ,.` � y f y
official seal the day War above wnften.
-
John Anth H
-- NDfaTIZ1r1"g fflCerDi'ti1E- of the United States of America.
`b• '!� �y United Sta es,ofAmerica
��le�r�U6Err CA11 9.4
T1tls document consists of.// pages,including,lhe Acknowledgement certificate.
NOTE:Wherever practicable all signatures to a document should be included in one certificate.
OF-175(Formerly.FS-88)
05-2017 '
�ppLN►sA
OITYOFPALM SPRINGS
u N OFFICE OF THE CITY CLERK
* 3200 E. Tahquitz Canyon Way
-ti Palm Springs, CA 92262
(760) 323-8204
�IFOR�
CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest in real property conveyed by
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS TO INSTALL
STREET IMPROVEMENTS UPON NOTICE (SINGLE FAMILY RESIDENCE)
Real property in the City of Palm Springs, County of Riverside, State of California, as
described:
Land described in Exhibit "A" and Exhibit`B"
APN: 507-246-004
dated: February 11, 2020
'from,
DESERT HOMES, INC. AND TRINITA SPERANZA, INC.
Grantor, to the City of Palm Springs, a municipal corporation and charter city, Grantee, is
hereby accepted by the City Clerk of said City of Palm Springs, on this 16th day of April,
2020, pursuant to authority granted by the City Council of said City, by Resolution No.
20255 made on the 16th day of January, 2002, and the Grantee consents to recordation
thereof by the City Clerk, its duly authorized officer.
Dated at Palm Springs, California, this 16th day of April, 2020.
w
A ONY J. MF4! M
City Clerk, City df Pam rings
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
LOT 33 IN DESERT SANDS NO. 3, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY
MAP ON FILE IN BOOK 19,PAGE 120F MAPS,IN THE OFFICE OFTHE COUNTY RECORDER OF SAID COUNTY.
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EXHIBIT "B"
DESCRIPTION OF DEFERRED ITEMS
STREETS
ENG 1. The Engineering Services Department recommends deferral of off-
site improvement items (identified as "Deferred') at this time due to
lack of full improvements in the immediate area. The owner shall
execute a street improvement covenant agreeing to construct all
required street improvements upon the request of the City of Palm
Springs City Engineer at such time as deemed necessary. The
covenant shall be executed and notarized by the property owner(s)
prior to approval of the Grading Plan or issuance of grading or
building permits. A current title report; or a copy of a current tax bill
and a copy of a vesting grant deed shall be.provided to verify current
property ownership. A covenant preparation fee in effect at the time
that the covenant is submitted shall be Paid by the applicant prior to
issuance of any grading or building permits.
SAN JACINTO WAY
ENG 2. Construct a 5 feet wide sidewalk behind the curb along the entire
frontage in accordance with City of Palm Springs Standard Drawing
No. 210. "Deferred'
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