BRES2021-0801 Covenant & Agreement Restricting Use of Residencei
RECORDING REQUESTED BY:
PHILIP GERTSMAN
DESERT HOMES INC.
WHEN RECORDED PLEASE MAIL TO:
ZONING ADMINISTRATOR
PLANNING DIVISION
78-495 CALLE TAMPICO
LA QUINTA, CA 92253
DOC # 2022-0271553
06/15/2022 12:55 PM 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: MARY #420
COVENANT AND AGREEMENT RESTRICTING THE USE OF THE RESIDENCE AT
78641 DEACON DRIVE EAST, LA QUINTA, CALIFORNIA
This Covenant and Agreement are made and executed this V'� day of
_
0AlC- . 2022 by Philip Gertsman, Authorized Signatory for Desert Homes Inc. and
Edward Furlan for Trinita-Speranza Inc., 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 14 of Tract No. 28470-1, in the City of La Quinta, County of Riverside, State of
California, as shown by map on file in Book 263 Page(s) 76 through 90 of Maps,
Records of Riverside County, 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 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
DOC #2022-0271553 Page 2 of 4
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.
2.
Dated: -- 1yne _ IV2h? l
Cheri Flores
Planning Manager
City of La Quinta
Philip Gertsman, Authorized Signatory
Desert Homes Inc.
Edward Furlan, Authorized Signatory
Trinita-Speranza Inc.
�/1s/zo zz
Date
DOC #2022-0271553 Page 3 of 4
STATE OF Ln do, )
COUNTY OF " ss.
CITY OF
On U e- VL , before me, l C' Ve
Personally appeared t personally known to me or proved
ek
to me on the basis o sat sfactory evidence to e e persons) 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.
WITNESS my hand and official seal,
Signature j6f the lyotary Publ
Marjorie Chavez
Notary Public
'o State of Florida
r Comm# HH091610
Expires 5/7/2025
DOC #2022-0271553 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 JUNE 15, 2022 before me, LAURIE McGINLEY, Notary Public,
personally appeared CHERI FLORES who proved to me on the basis of
satisfactory evidence 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.
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. *my
LAURIEMCGINLEY
Notary Public • California
Riversice CoinryCommission ; 2377907
Comm. Expires Oct 11. 2025
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Signatur
(notary seal)