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MUP 2006-783N P.O. Boa 1504 LA QUINTA, CALIFORNIA 92247-1504 78-495 CALLS TAMPICO (760) 777-7000 LA QUINTA, CALIFORNIA 92253 FAX (760) 777-7101 April 12, 2006 Mr. Douglas Birdsell BID, LLC PO Box 630 La Quinta, CA 92247 SUBJECT: MINOR USE PERMIT 2006-783 49-285 EL NIDO Dear Mr. Birdseli: Your request for approval of Minor Use Permit 2006-783, allowing the construction of a casita/guesthouse at 49-285 EI Nido in La Quinta, is hereby approved. You may now contact the Building & Safety Department for your building permit. Enclosed is the approved original Deed Restriction for this Minor Use Permit. It must be signed by the owner in front of a Notary Public. The original approved documents are then to be recorded with the County Recorder, with a recorded.copy given to the City for our files. The Community Development Department will sign the job card when the recorded copy is received, which would provide our clearance to the Building & Safety Department to issue the building final inspection. Until the recorded copyls received by the Community Development Department, your Minor Use Perhi.it)s not -Complete and a final inspection will not be conducted by the Building & Safety Department. Should you have any questions, please call me at (760) 777-7125. Very truly yours, JAY-WU U Assistant Planner Attachments c. Building and Safety Department RECORDING REQUESTED BY: Mr. Douglas Birdsell WHEN RECORDED PLEASE MAIL TO: Mr. Douglas Birdsell BID, LLC PO� Box 630 La. Quinta, CA 92247 COVENANT AND AGREEMENT RESTRICTING THE USE OF THE RESIDENCE AT 49-285 EL NIDO, LA QUINTA, CALIFORNIA This Covenant and Agreement are made and executed this 12th day of April by BID, LLC, as the recorded owner(s) of the 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/she is the property owner of the following described real property in the'City of La Quinta, County of Riverside, State of California: LOT 117: APN: 658-290-043, in the City.of La Quinta, County of Riverside, State of California In consideration of the City of La Quinta issuing a building permit for certain improvements .which will be constructed on said property, the undersigned does hereby covenant and agree to, and with said City, to restrict the use of said property as follows: 1. The guest house may not be rented nor sold independent of the main single- family residence (Minor Use Permit No. 2006-783); 2.. No kitchen or, cooking facilities shall be constructed in the guest house per the provisions of Chapter. 9.30.030 (RLS Zone District) and 9.60.110 (Guest Houses) of the La Quinta Municipal Code; 3. All on-site facilities are intended for the sole occupancy of the property owner(s), guests, and caretakers (i.e., a maid and/or housekeeper, etc.); and, 4. The guest house shall be used primarily as a sleeping facility, and shall be maintained in accordance with all zoning and other codes as set forth in the La Quinta Municipal Code, as maybe amended from time to time. . 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, 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. By: 1. 6 3. Signature(s) Printed Name of all owner(s) Dated: Douglas,$K Evans Date. Community Development Director City of La Quinta STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE 1 ss. CITY OF LA QUINTA ) On _ April 12, 2006 before rile, Regenia Hensley, Notary Public, personally appeared DOUGLAS R. EVANS personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and'that by his signature on the instrument the person or the entity upon behalf. of which the person acted, executed the instrument: WITNESS my hand and official seal: (Seal) /Z �1 n�tAN Com ._mom sr 1423.. REGOM HENSLEY -. Notary Pudllo-`Gd►tom►a `Notary Public RNersbe County M�CCGifitic. Commission # 1521423 0cr23,2aoa Expiration: October 23, 2008 11 APPROVED BY COMMUNITY DEVELOPMENT DEPARTMENI BY DATE &kitL cD EXHIBIT CASE NO. ON&I 3 Z o b