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BCOM2021-0018 - Covenant & Agreement Lots 42 & 43 TR 37790DOC # 2021-0439635 07/22/2021 12:47 PM Fees: $98.00 Page 1 of 4 Recorded in Official Records County of Riverside RECORDING REQUESTED BY: Peter Aldana Assessor -County Clerk -Recorder WHEN RECORDED MAIL TO: "This document was electronically submitted to the County of Riverside for recording" Receipted by: ALEJANDRA#1032 Sunrise LQ, LLC 300 Eagle Dance Circle Palm Desert, CA 92211 COVENANT AND AGREEMENT RESTRICTING THE USE OF LOTS 42 AND 43 OF TRACT 37790, LA QUINTA, CALIFORNIA This Covenant and Agreement are made and executed as of the date written below by SUNRISE LQ, LLC, a Delaware limited liability company, as the recorded 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 certifies that the undersigned is the property owner of the following described real property in the City of La Quinta, County of Riverside, State of California: Lots 42 and 43, as shown on the Subdivision Map of Tract No. 37790, filed in Book 475 of Maps, at Pages 4 to 9, in the Office of the Riverside County Recorder. In consideration of the City of La Quinta issuing a building permit for the improvements which will be constructed on said property (the "Sales and Design Studio"), the undersigned does hereby covenant and agree to, and with said City, to restrict the use of Lots 42 and 43 of Tract 37790 as follows: So long as the Sales and Design Studio or any other building straddles the property line separating Lots 42 and 43 of Tract 37790, Lots 42 and 43 of Tract 37790 shall not be transferred, conveyed or sold independent of one another. Lots 42 and 43 of Tract 37790 shall only be sold together as one transaction; 2. This Covenant and Agreement shall automatically terminate and be of no further effect on the date that the Sales and Design Studio or any other building that straddles the property line separating Lots 42 and 43 of Tract 37790 is removed or modified so that no building straddles the property line. 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 -1- DOC #2021-0439635 Page 2 of 4 effect while said Sales and Design Studio remains on the real property or unless otherwise released by the authority of the City of La Quinta. All use of Lots 42 and 43 of Tract 37790 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 owner, the owner's 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. Date: J f l y l, Z o Z 1 SUNRISE LQ, LLC, a Delaware limited liability company By. lee' ti Phillip K. SWnith, Jr. President 7/2-1 / -o zr Cheri Flores Date Planning Manager City of La Quinta 6VQl DOC #2021-0439635 Page 3 of 4 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 ss: COUNTY OF le(V?XS I'd e On juIV 6, 9-0oL I , before me,�Js�gn�'f a fYl A • �a vna, /VofA rV PcIbIC ( ere insert name and title of officer), personally appeared hi tl�i0 e- S r✓1 i jk, Tr. , who proved to me on the basis of satisfactory evidence to be the person(j) whose name() is/aob subscribed to the within instrument and acknowledged to me that he/sKe/tVey executed the same in his/hbr/their authorized capacity(ivg), and that by his/her/their signature(t) on the instrument the person(t), or the entity on behalf of which the person(g) 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. JUANITA M. A. GAMA a V Notary Public - California t;cavticc0..`�'✓) . OH'✓l� Riverside County > Commission # 2274810 IGNATURE ��"''� My Comm. Expires Feb 7, 2023 -3- DOC #2021-0439635 Page 4 of 4 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 ss: COUNTY OF %'ju3 OIn — \' 2 k C lk , before me, I iC- OU. K nq�M %J&- �. AA,6t — , (here nserf name and title of officer), personally appeared CVA'Cr 5 kor-E5 , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that Wshe/a- erexecuted the same in hi her/tgeir� authorized capacity(ies), and that by Wher/them—signature(s) on the instrument the person(s), or the entity on 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. Riverside NICHOLE ROMAHE Notary Public - California = Commission k 2312710 y Comm. Expires Nov 16, 2023 SIGNATURE 151