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MUP 1997-018RECORDING REQUESTED BY: 197418 City of La Quinta RECEIVED FOR RECORD Community Development Department AT 2:00 P.m. City of La Quinta, California WHEN RECORDED PLEASE MAIL TO: MAY 15 1998 Recorded in Official Records of Riverside County, California City of La Quinta Recorder Community Development Director Fees $ PO Box 1504 La Quinta, CA 92253 COVENANT AND AGREEMENT RESTRICTING THE USE OF THE. RESIDENCE. AT 57-328 INTERLACHEN, IN THE PGA WEST RESORT, LA QUINTA, CALIFORNIA LS g This covenant and agreement are made and executed on this the 2I day of 199X by jAv ul C . k<cN! , as the record owners 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: 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 guest house may not be rented nor sold i.idependent of the main single family residence (Minor Use Permit No. 97-018): 2. No kitchen or cooking facilities shall be constructed in the guest house per the provisions of Chapter 9.30.030 (RL Zone District) and 9.60. 100 (Guest Houses) of the La Quinta Municipal Code and Specific Plan 83-002 (PGA West); and, 3. All on-site facilities are intended for the sole occupancy of the property owner(s), guests, and caretakers (i.e., a maid and/or housekeeper, etc.). Deedrstr.018 0 - 0 197418 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 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: _Tlq $ ■ Mr. David C. Kong 'I ------------ SHAWNNON M.ZACHAMAS Comm. 11147*3 NOTARY PURIC•CAIIFORNIA V, Riverside County W Corm. Evoires 1& 21.2MI Notary By:I ` Christine di Iorio, Pla ning Manager City of La Quinta Deedrstr.018 ALL-PURPOSE ACKNOWIOCMENT • 19`7418 State of California f• County of �,�eo.�dc�_ SS. • On `I 7/-..,, 19$ before me, • -1 I (DATE) (NOTARY) • personally appeared 1 C 0yl� _ I SIGNER(S) ❑ personally known to me - OR- proved to me on the basis of satisfactory evidence to be the person whose name Iis/are subscribed to the within instrument and I • acknowledged to me that he/s�hr y executed • ithe same in his/11 r/�h* authorized I • capacity ), and that by his/�r/t • signature on the instrument the person( I • or the ntity upon behalf of which t e • person( acted, executed the instrument. f • WITNESS my hand and official seal. • SH AWNNON M. 1ACNARIAS Comm. x11147903 i ' u! NOTARY PUBLIC -CALIFORNIA .. Riverside County • • ` My Comm. Expires July 21 2001 fJOTAR 'S GNATURE • I OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. • ' CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT I ' INDIVIDUAL (�NA►s } AgR2QMe..�Yg+Q`Ic-l1�� i1.t CORPORATE OFFICER A-",t) 3z:3 -i'" lw'u u, TITLE OR TYPE OF DOCUMENT TITLE(S) • • ❑ PARTNER(S) I ❑ ATTORNEY-IN-FACT i I ❑ TRUSTEE(S) I NUMBER OF PAGES • ❑ GUARDIAN/CONSERVATOR • I❑ OTHER: • D TE FDOCUMENT • ISIGNER IS REPRESENTING: I INAME OF PERSON(S) OR ENTITY(IES) I L OTHER • 0--domp.0.01000.0.4000�0-.6000-0l0.0mma-0-.900-•­ffivmm�0-NEEN.0l.0--domp-• _0_0_0_0 _._,J APA 1/94 VALLEY -SIERRA, 800-362-3369 CALIFORNIA ALL-PURPO ACKNOWLEDGMENT State of County of On before me, �40 tE.-? DATE NAME, TITLE OF O FICER - E.G., JANE DOE, OTARY PUBLIC personally appeared ��'/S�i/7� �� �or'� o , -.-personally NAME(S) OF SIGNER(S) M personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(,d) whose name(,e) is/aw subscribed to the within instrument and ac- knowledged to me that V/she/IA,6y executed the same in �A/her/fir authorized capacity(iA), and that by h,e/her/ter signature(i?) on the instrument the person((), OFFICIALSfAL or the entityon behalf of which the •"` °`'^• REGENIA HENSLEY up -- comm. #1107891 5. person($) acted, executed the instrument. Notary Public - California RIVERSIDE COUNTY b My Commi Ion Ex fres �uc,U$V', 2�WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL No. 5907 Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184