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HomeMy WebLinkAboutContracts & Agreements_49-2015_CCv0001.pdf Recorded in Official Records,County of San Bernardino 3/30/2015 BOB DUTTON 2.26 Pm Ck yis ne/BI cHe/ "'s:yns+inwRn ASSESSOR — RECORDER — CLERK SAN i .. RECORDING REQUESTED BY AND MAIL TO: P Counter City Clerk Doc#. 2015—0121625 Titles: 1 Pages: 5 Fees 0.00 City of Redlands Taxes 0.00 Post Office Box 3005 i Other 0.00 50.00 Redlands, California 92373 PAID This document is exempt from the payment of a recording fee pursuant to Government Code Section 27383 DECLARATION OF COVENANT FOR PARKWAY LANDSCAPE MAINTENANCE This DECLARATION OF COVENANT FOR PARKWAY LANDSCAPE MAINTENANCE is made this!µday of W60'2014, by REDLANDS DEVELOPMENT, LLC, a California limited liability company, "Declarant." Declarant is the owner of certain real property located in the City of Redlands, County of San Bernardino, State of California, known as Assessor's Parcel No. 0292-053-16, (the "Property") as per map recorded in Book 2.43 at pages 1 through 3 of Maps, in the office of the County Recorder of San Bernardino County, California. Declarant is responsible to landscape and to maintain the parkways along the frontage road of Almond Avenue, California Street and Lugonia Avenue as shown on Exhibit "A" (the "Parkways"), attached hereto and incorporated herein by reference, in a manner acceptable to the City of Redlands. The purpose of this covenant is to declare that the maintenance of said Parkways is the responsibility of Declarant, that this responsibility shall pass to successive owners of the Property, that this covenant shall not be removed or amended without written consent of the City of Redlands and shall run with the Property in perpetuity. In the event the Declarant or any successive owner fails to maintain the Parkways to the satisfaction of the City and such failure is not cured within 30 days of Declarant or such successive owner receiving written notice of such failure from the City, then the Declarant or such successive owner shall commence proceedings to annex the Property to City Community Facilities, and pay all reasonable out of pocket expenses associated therewith. In the event any action is commenced to enforce or interpret the provisions of this Covenant the prevailing party shall, in addition to any costs and other relief, be entitled to recover its reasonable attorneys' fees, including fees for use of in-house counsel. WAA-AllianceCalifornia Entities\Rivende11137 Acres\Easements\Landscape Easement\Declaration of Covenant for Parkway Landscape Maintenance v3.doe Regions Bank has executed a written subordination of its lien on the real property described above securing certain indebtedness to the covenants declared in this Declaration of Covenant for Parkway Landscape Maintenance, which Subordination is attached hereto as Exhibit "B". IN WITNESS WHEREOF, Declarant has executed this instrument as of the date first above written. REDLANDS DEVELOPMENT, LLC a California limited liability company M _ Ngme/title Johr Ma ness, Sr. Vice President (Notarize&Record) C:\Users\bucklec\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\IIRUTVK4\Declaration of Covenant for Parkway Landscape Maintenance v4.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 Cal' ornia ) County of (n,_&rn�.t'Yi1,or) ) On before before me, IF'SiCL his- �� Date ,A, JJ Here Insert Name and Title of the Offic r personally appeared e kh P Na (s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persoa(s)' whose names} iSlafe subscribed to the within instrument and acknowledged to me that he/shethey executed the same in his/her/their-authorized capacity(iA , and that by his/her/th&signaturejs)-on the instrument the persop(s), or the entity upon behalf of which the perso*yacted, 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. ALESIA R.JACOBS-RIMMER Commission#t 2034919 i ,-•: Notary Public-California z Signature z San Bernardino County a Signatu46"re f NotaryP lic My Comm.Expires Au 24,2017 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document ��aocuvui �,(�t'1 Yafx- Title or Type of Document:U {ty✓1�� COQ ocument Date: it `—I l q Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Corporate Officer — Title(s): Corporate Officer — Title(s): Partner — Limited General Partner — I I Limited 1 1 General Individual Attorney in Fact Individual 1 1 Attorney in Fact Trustee Guardian or Conservator Trustee I I Guardian or Conservator Other: Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association - www.NationaiNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 CONSENT AND SUBORDINATION The undersigned, REGIONS BANK, an Alabama state banking corporation ("Lender"), the beneficiary under that certain Construction Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing dated as of May 15, 2014 (the "Deed of Trust") executed by Redlands Development, LLC, a California limited liability company, as grantor ("Grantor"), to Chicago Title Company, as Trustee, recorded on November 12, 2013, in Official Records, County of San Bernardino, California under Document 92014-0178166 hereby consents to the terms, provisions and conditions of the Declaration of Covenant for Parkway Landscape Maintenance ("Easement Agreement") to which this Consent and Subordination is attached, and, subject to the ten-ns and provisions of this Consent and Subordination, subordinates the lien and security interests of the Deed of Trust to the Easement Agreement, such that from and after the effective date of this Consent and Subordination, the terns, provisions and conditions of the Easement are and shall be prior and superior to the liens, security interest, terns and provisions of the Deed of Trust; provided, however, this Consent and Subordination: (1) shall not be construed or operate as a consent and subordination to any other amendment to or modification of the Easement Agreement, or a release of the lien and security interests of the Deed of Trust, but shall instead confine that the lien and security interests of the Deed of Trust shall hereafter be upon and against all of the property subject to the Deed of Trust; and (ii) shall not modify or amend the tenns and provisions of the Deed of Trust. LENDER: REGIONS BANK, an Alabama state banking co-loration By: Name: Ritsf and R. Gross, Senior Vice President STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged before me on f cL a er J 2014, by Richard R. Gross, Senior Vice President of REGIONS BANK, an Alabama ch red commercial bank, on behalf of said state bank. g =SMMAUSS otary Public, State of Texas [SEAL] * m'�OF W:,A- MhanceCalilbrnia 1:ntities\Rivendel1t37 Acres\Easements\Landseape Fasement0eclaration of Coy enant for Parkway Landscape Maintenance vIdoc