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MUP 2001-297P.O. Box 1504 78-495 CALLS TAMPICO (7'60) 777-7000 LA QUINTA, CALIFORNIA 912253 FAX (760) 777-7101 June 19, 2001, 01-� D bti c�J 1-o Z Gregbry Hen'd6il 81-909 Indio Blvd. Indio, CA'92201 SUBJECT: MINOR USE PERMIT 2001-297 Dear Mr. Hendel: Enclosed is a Covenant restricting use of the proposed guest house for Lot #106 of Tract 25953_(Z-a-3-49-Calle -PrQ-sp-prq),,_,,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. Please contact me at (760)777-7068 if you have any questions. Sincerely, JERRY HERMAN COMMUNITY DEVELOPMENT DIRECTOR MICHELE RAMBO Associate Planner Enclosure cc: Michael Swartz �uilding and Safety Community Development Director,' 11 gw'w ,A RECORDING REQUESTED BY: City of La Quinta Community Development Department La Quinta, CA 92253 WHEN RECORDED PLEASE MAIL TO: City of La Quinta Community Development Department c/o Michele Rambo P.O. Box 1504 La Quinta, CA 92253 COVENANT AND AGREEMENT RESTRICTING THE USE OF THE RESIDENCE AT 79- 349 CALLE PROSPERO, LA QUINTA, CALIFORNIA This covenant and agreement is made and executed on this the 19' day of June, 2001, by Gregory Hendel, owner.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 certify that they are the property owners of the following described real property in the City of La Quinta, County of Riverside, State of California: Lot #106 of Tract, 25953 in the City of La Quinta, County of Riverside v 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. 2001-297); 2. No kitchen or cooking facilities shall be constructed in 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(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. 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: Notary By - Gregory Hendel, Owner BY: OLE— Christine di lorio, Pla ning Manager City -of La Quinta State of California County of Riverside r On (DI'�a'l �� before me, Phyllis Manley, -Notary- Public, personally appeared Christine di lorio, personally known to me to be the person whose name is subscribed 'to the within instrument and acknowledged tome 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. (Seal) - PHYLUS MANLEY Commission # 1196590 .'- z -� Notary Public - Calitomia Riverside County MVCamm. BPVM Oct 16, 202 i r 4 ,