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BRES2021-0144 ADU Covenant & AgreementRECORDING REQUESTED BY: Rick Herling & DeAnn Herling 43086 CORTE DEL ORO LA QUINTA, CA 92253 WHEN RECORDED PLEASE MAIL TO: ZONING ADMINISTRATOR PLANNING DIVISION 78-495 CALLE TAMPICO LA QUINTA, CA 92253 DOC # 2021-0282536 05/06/2021 11:58 AM Fees: $0.00 Page 1 of 4 Recorded in Official Records County of Riverside Peter Aldana Assessor -County Clerk -Recorder "This document was electronically submitted to the County of Riverside for recording" Receipted by: KIYOMI #289 COVENANT AND AGREEMENT RESTRICTING THE USE OF THE RESIDENCE AT 43086 Corte Del Oro, LA QUINTA, CALIFORNIA Af,T is Covenant and Agreement are made and executed this _2 day of �� 2021 by Rick Herling DeAnn Herling, 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: ASSESSOR PARCEL NUMBER 609610088 IN LOT 14 MB 3301001 TR 29323-3, in the City of La Quinta, County of Riverside, State of California In consideration of the City of La Quinta issuing a building permit (BRES2021-0144) 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 accessory dwelling unit may be occupied by or rented to a separate household living independently from the occupant(s) of the primary residence; provided, that the terms for separate occupancy of the accessory unit shall be longer than 30 days; 2. The accessory dwelling unit shall not be sold independent of the main single-family residence; 3. The accessory dwelling unit 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 may be 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 DOC #2021-0282536 Page 2 of 4 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: 2. Signature(s) J Printed Name of all owner(s) Dated: Cheri Flores Date Planning Manager City of La Quinta DOC #2021-0282536 Page 3 of 4 NOTARY ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Riverside ) On before me, M\- qL\ow- -A e Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(sl whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. wCHELLE ALVAREZ COMM. #2210355 2 ten; Notary Public Cawlifornia o Riverside County My CNMNNUN„NIINIII,NIINNININNNII omm Expires Aug. 172021 F 111111NN NIIIINN Signature: (notary seal) DOCUMENT: Covenant and Agreement Restricting the use of the Residence at 43086 Corte Del Oro, La Quinta, California DOC #2021-0282536 Page 4 of 4 NOTARY ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Riverside ) On May 5, 2021 before me, NICHOLE ROMANE, Notary Public, personally appeared CHERI FLORES who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isfaFe subscribed to the within instrument, and acknowledged to me that #e/she/t#ey executed the same in 4Wher/t#eiF authorized capacity(ies), and that by 4i-s/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. NICNOLE ROMANE Notary Public - California = *my Riverside CountyCommission N 23f2710 Signature: Comm. Expires Noy 16, 202 (notary seal) DOCUMENT: Covenant and Agreement Restricting the use of the Residence at 43086 Corte Del Oro