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MUP 2000-256P.O. Box 1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 December 7, 2000 Mr. Brad Nussbaum 45-701' Monroe "N" Indio, California 92201 SUBJECT: MINOR USE PERMITS 2000-256 Dear Mr. Nussbaum: (760) 7 7 7 - 7 0 0 0 (TDD) (760) 777-1227 Enclosed is a Covenant restricting use of the proposed guest house for Lot 17 of Tract 14104 (80-940 Vista Galope). The paperwork must be signed and notarized prior to recordation with the County of Riverside. Please return a copy of the Covenant once it has been recorded. When a copy is received, a building permit can be issued for the new structure. Should you have any questions, please contact me at (760) 777-7067. Sincerely, :ENT DIRECTOR W. Enclosure c: rBuilding and Safety Director Community Development Director MUP256 - 46 RECORDING REQUESTED BY: City_oLLa Quinta Community Development Department La Quinta, CA 92253 WHEN RECORDED PLEASE MAIL TO: City of La Quinta Community Development Department c/o Greg Trousdell P.O. Box 1504 La Quinta, CA 92253 COVENANT AND AGREEMENT RESTRICTING THE USE OF THE RESIDENCE AT 80-940 VISTA GALOPE, LA QUINTA, CALIFORNIA This Covenant and Agreement is made and executed on this the 7"' day of December, 2000, by Vernon Bradley Nussbaum, 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 of Riverside, State of California: Lot 17 of Tract No. 14104 in the City of La Quinta, County of Riverside 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: The guest house may not be rented nor sold independent of the main single family residence (Minor Use Permit No. 2000-256); 2. No kitchen or cooking facilities shall be constructed in the guest house per the provisions of Chapters 9.30.020 (RVL 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(s), 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. Coven Nussbaum -p 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: Vernon Bradley Nussbaum, Trustee Notary By: r t Christine di Iorio, Plarahng Manager City of La Quinta Coven Nussbaum -p State of California County of Riverside On 1 a(' 'o0 O before me, Phyllis Manley, Notary Public, personally appeared C111-istine �cli Iorio, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her 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. Ca, (Seal) pIiY W MNNLEY CwmT&don # 1196M NAm>t public - ustarru An rev ri *CWrR,6VVw0c11b,2=