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Home My WebLink AboutARA D-153 - Extended Stay America~• _`` •N I./ lorn.ri'fvj/~i ~~.~q F'Ff~~9 IJUP, ~ RA`~ _ ;- ,~ - ~ ~ 97-1504191 ;.~ RECORDED/FILED IN OFFICIAL RECORDS gErgeinc REaues ar ~ RECORDER'S OFFICE - LOS ANGELES COUNTY CALIFORNIA Wtf E?1 gECIIRCEL Mall is SEP 30 1997 --~~~ - =1~, , j~~~-~-~,, y -{~,.` _ - - - - --FEE- 1 gy _ _ F - DAF S2 S7ACE AHOVETHLS UHE gFSerlVtTJ FOR gECa ROES :tSE PfGGf`'F Code 19 $ ~~~ TITL E(5) ~a V-~ cv~,a-,,, ~-- ~d /9-9rce r.-,.-e„it /s~ ~ ~ ~ 7-i<y Cam' .. .. .__ _ _~ 97 1504191 ARp~-153 RECORDING REQUESTED ~ ~ WHEN RECORDED MAIL TO: City of Arcadia, City Attorney 240 W. Huntington Drive Arcadia, CA 91006 COVENANT AND AGREEMENT AFFECTING REAL PROPERTY ' THIS- COVENANT AND AGREEMENT AFFECTING REAL .PROPERTY ("Agreement"), by and between the CITY OF ARCADIA, a Municipal Corporation (hereinafter referred to as "City") and ESA 0916, INC., a Delaware Corporation (hereinafter referred to as "Owner") 1. Recitals. The parties agree that the following facts are true and correct. . A. Owner is the'recoid owner of the real property described in Exhibit "A" and incorporated herein by reference (the "Property"). B. The Property is located within the city limits of the City of Arcadia. C. The Owner applied to the City for a site development permit for the Property. D. The City as a condition of final approval and issuance of CUP No. 97-002 (the "Permit") permitting Transient Hotel Use on the Property, as defined by the Arcadia Municipal Code (which means that guest occupants shall re- - - register every thirty (30) days if their length of stay exceeds thirty (30) consecutive days, without limits) requires Owner to agree to, enter into and record this Agreement. In consideration of the foregoing and the City's final approval and issuance of the Permit, Owner hereby agrees as follows: 1. Use• While the Permit remains in effect, the Property shall not be converted to a "dwelling", as defined in the Arcadia Municipal Code. (Section 9220.19) 2. Covenants to Run With Land. The covenants contained in this Agreement shall run with the Property in accordance with California Civil Code Section 1468 and shall ,bind.;and inure to the benefit of the owners of the Property and their respective heirs, successors in interest and assigns. The covenants contained in this Agreement shall be binding for the benefit of the City and its successors and assigns, and such covenants shall run in favor of the City for the entire period during which such covenants shall be in full force and effect, without regard to whether the City is or remains an owner,of any land or interest therein to which such covenants relate: 3. Effective Date. This Agreement shall become effective upon its recordation. 4. Notices. Any notices or other correspondence between the parties shall be sent to the following unless either party gives the other notice of a change of address: TNIS INS1iR1MENT %1.E0 PoR RECORD BY iIRST AMERICAN TITLE CO.OF L.R. 0.S AN PCCOMMODATION ONLY. IT Nf5 NOi BEEN E%FMINE E FECT U N T TLE NOR AS TO ITS 1 ~'I~DgO qb-S~ ~..; , 3 City of Arcadia City Clerk/City Manager 240 W. Huntington Drive Arcadia, CA 91007 ESA 0916, Inc. c/o ESA Management, Inc. 450 East Las Olas Blvd., Ste. 110 Fort Lauderdale, Florida 33301 Attn: Development/Legal Dept. Copy to: -Alleri~ I4latkihs-L"eck,~Gamble & 1Vlallo ry °_ Attn: John M. Tipton, Esq. 515 S. Figueroa Street, Ste. 700 Los Angeles, CA 90071 5. Section Headings. The sectiomheadings contained in this Agreement are for convenience and identification only and shall not be deemed to limit or define the contents to which they relate. 6. Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Should any party institute any action or 'proceeding to enforce the provisions hereof, such action shall be brought in the state or federal court with jurisdiction over the City. The prevailing part in any such action or proceeding shall be entitled to receive from the other party all costs and expenses in connection therewith, including, without limitation, reasonable attorney's fees and costs. This Agreement may not be amended except in writing executed by the City and the Owners of the Property. This Agreement shall be interpreted to avoid application of the rule against perpetuities. IN WITNESS WHEREOF, the parties have executed this Agreement on the date shown opposite their signatures. "COVENANTORS" ESA 0916, Inc. A Delaware Corporation 9 Dated: ~~n~ornbC-~~ , 1997 ~.~ < . _ aa.__ .._ Dated: p ~ , 1997 APPROVED AS TO FORM: ~~~ Ci Attorney By Name: Shawn R Rulwn V(Ce President • Development Title: "COVENANTEE" City of Arcadia, A Municipal Corporation By onnie Garner Acting City Manager 9'7. 15~419~. State of F~..oe~or~ ) -_ --- ~- _ ~- County of ~(~~w~v-aD ) ) On Q-Iq-Q`l before me, Soy M• g~I.NF}ri$ personally appeared S+t~ns ~, 2y..gc-N , J~c~T PRas~~~,.ri'_ Ot J~21_.c~PM ~iNT ELF ESfl (7911p ~ .ENG. personally knorn to me (or proved to me on the basis of satisfactory evidence) to De the person(a) rhoae name(s) is/are subscribed to the rithin instrument and acknowledged to me that he/she/they executed the same in Die/Der/their authorized capacity(iee), and that by hie/her/their signature(s) on the instrument the person(s), or the entity upon behalf of rDicD the person(s) acted, executed the instrument. YITNESS my hand and official seal. JOY M. BELNAVI9 c~~r P~, COMMISSION 0 CC 537898 77~~ //// ~ : E~cPIRES FEB 72, woo Signature {'~- 2~('xn~~ gy ~ aoNOED~rrwu OP M1aN170 BONDING OD., IN6. i 97: 1504191 y ' ~ < , Exhibit A Parcel 1 of Pazcel Map Number 24755 in the City of Arcadia, County of Los Angeles, State of California as per Parcel Map recorded in Book 278, Pages 17 & 18 inclusive, Records of Said County.