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2003-378 (AR)All ;+ I+a�()LU42 a U j k s P.O. Box 1504 78-495 CALLE TAMPICO (760) 777-7000 OF TNti LA QUINTA,. CALITORN•IA 92253 FAX .(7.60) 777-.7.10.1 January 9, 2003 Mr. Mark Bovenzi;. Trustee Bovenzi's Cash"Plan 41-359 Woodhaven East Palm Desert; California 922.11 SUBJECT: MINOR 'USE PERMIT 2003-378 (USE COVENANT) Dear Mr. Bovenzi:. The Community Development Department has reviewedyour request to construct a detached guest house at 56=078 Palms Drive pursuant •_to Section 9.60.100 of the Zoning Code. This: Department has approved the accesso"ry unit. request- because it. is architecturally compatible with the proposed main residence, and, complies with all City Code requirements,. subject'to execution and:recordat,o.h of'.the attached Covenant. Once recorded, please send a copy of the material to.our of ice Jor filing.: ;Enclosed is a letter addressed to the County Recorder, stating that:.-,ovenant can be recorded. Should you have any questions, please contact me at (760)..777-7067.* Sincerely; R ERMAN UTY DEVELOPMENT DIRECTOR 'REG' T USDELL is lanner GT. Enclosures c: ommunity Development Director Building .and Safety- Manager G:MUP378GuestHouse.wpd/gre9 P� La Quinta, CA 92253 COVENANT AND AGREEMENT RESTRICTING THE USE, OF THE PROPOSED RESIDENCE -AT 56=078`PALMS DRIVE, LA QUINTA, CALIFORNIA ,This covenant and agreement is made and executed. on this the 9`" day of January, 2003, by Bovenzi's Cash Plan.for property.described herein. The,;City.of La.Quinta a Municipal Corporation, is hereby made a party to this agreement for the purposes set forth below. The undersigned hereby certifies: that he is the property owner -of the following described real property in the City.of La Quinta, County bf Riverside, State`of California: Lot 24 of Tract. No. 28983 (APN:. 764-030.0040;An the City; of. La Quinta, County of Riverside. In consideration of the City of La Quinta issuing a building permit f6r.certain-improvements . which will be. constructed on said property, the undersigned does hereby 'ovenant;and agree to and with said City to restrict the use of said property as follows: 1. The detached. guest =house may not be rented nor sold independent: of the main single family residence (Minor Use Permit No: 2003-378); 2. No kitchen or cooking facilities shall be constructed": iii the guest house per the provisions of Chapters 9:30.030 (RL zone District) and 9.60:100,(Guest.Houses) of the La Quinta Municipal' Code; and, 3. All on-site facilities are. intended` for`the 'sole occupancy of the property owner; nonpaying guests, and domestic employees. This covenant and agreement shall run with the land and shall be binding upon future owners, their successors, heirs, or assigns, and ourselves, and shall continue in effect while said accessory building remains on the real property or unless otherwise released by the authority of the City of La Quinta. All leases of said dwelling and/or property shall be subject to this restriction. This agreement shall be entitled to the remedy of.injunctive relief in addition of any remedy in law or equity. This covenant and agreement and the provisions hereof are irrevocable and nonmodifiable except by the written consent of all parties to the agreement, including the City of La Quinta, a municipal corporation. The City shall have the right to enforce each and every provision hereof and the parties agree that the agreement shall not be rescinded, revoked, modified, or otherwise amended or changed, without the expressed written consent of the City first being obtained. In the event that the owners, their heirs, assigns or successors in interest, shall fail to perform any obligation hereunder, they hereby agree to pay all costs and expenses incurred by the City of La Quinta in securing performance of such obligation, including attorney's fees. Dated: By: Mark Bovenzi, Trustee Notary COVEN378.WPD/g/greg Page 2 of 3 By: Oscar Orci, Planning Manager City of La Quinta COVEN378.WPD/g/greg Page 3 of 3 State of California County of Riverside On January 9, 2003 '.before me, Regenia Hensley Notary Public, personally appeared OSCAR ORCI r personally known to':me to be the: person: whose name is subscribed: to the' within instrument and- acknowledged :to me:;.thk. he. executed the same in his authorized capacity;. and that by his. signatur`.e on the instrument the person or the entity upon behalf of which the person acted,' executed'i4 instrument. WITNESS m hand and official seal. y (Seal):... REGEP4IA HEhtSLEY. Commission # 1274458 z` NotWY Public - California Z C Riverside County jj, WCOr=, _ Frees Aug 19, 20134 Document Description: Minor Use Permit 2003-378, - Restricted .Use of Residence at .56-078 Palms Drive, : Ca Quinta�, California . Number of Pages: Three (3) not including acknowledgment page Date of Document: January 92003 1 k YOUNG ENGINk-.W, NG SE,,R`v , x } K +Engineering .•Architecturi*Surveying• Building &'Safety Services i Letter of Tran sco4t.'taI To: City of La Quinta . Date: J-29=03 , Building and Safety ' Project: "-PC# 021:2-024 (2" check) ' 56-078TOmi Drive Attn: Ed/Greg 'PC#; Tel No.: Tract -No.: We are forwarding: X By Messenger By Mail'. Your Pickup No. of Copies Description: " y 1. Plans (P .submittal) 1 Plans. (2° submittal) - 1 Structural calculations;'`; 2 Truss calculations'=(1St submittal) 1 Trnss'calculations-,(dated?Jan.23;y03);kw/acceptance letter 1 Revised structural sheets.to lie inserted ii t6,2°- set.of plans 1. . Comments: All structural pla i'check comments`have:been.addressed, Structural plan sheets S2 0; S3A; S4 0 `SD.2, and; 9® B H® F F M A N 9 Strwct ral Fng necrt §ix +o Drive. Mirage; Td / Fax ("760) MO -2%7 MbM-bdhm bTV.ii