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TITLE(S) :
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RECEIVEJ
I
FEB 1 2 2004
CI1Y OF ARCAD~
CITY CLERK I
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; G4 0075348
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~ RECOROEOIFILED IN OFFICIAL RECORDS
I 11 RECORDER'S OFFICE
.., LOS ANGELES COUNTY
\ ~, CALIFORNIA
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, t 3:01 PM JAN 12 2004
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IFEE
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Assessor's Identification Number (AIN)
To be completed by Examiner OR Title Company in black ink.
Number of AIN's Shown
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... THIS FORM NOT TO BE DUPLICATED
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04 0075348:
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RECORDING REQUESTED BY AND
AFTERRECORDATfONMAIL TO' rr..:",1
City of Arcadia
Attn City Attorney
Post Office Box 60021
Arcadia, CA 91066-6021
Exempt from Recordmg Fee per
Government Code &27383
(Space above for Recorder's Use)
COVENANT AND AGREEMENT
, ro MAINTAIN OFFSITE PARKING AND
COMPLY WITH CITY OF ARCADIA PARKING REQUIREMENTS
This Covenant and Agreement is entered into pursuant to Arcadia Municipal Code Section
9269,6, attached hereto as Exhibit "A" and incorporated herein by reference, in order to ensure that
the use of the property located at 11606 Clark Street, as described below, meets applicable parking
requirements established by the City of Arcadia, This Covenant and Agreement is also made with
reference to a certain Memorandum of Lease, attached hereto as Exhibit "B" and incorporated herein
by reference,
FOR GOOD, VALUABLE AND ADEQUATE CONSIDERA nON, receipt of which is
hereby acknowledged, Bml HUSSAIN, an unmarried woman (Owner) and CRA WKA T JAJIEH and
BILL BADl GAMMOH (Lessees)(Owner and Lessees are hereinafter collectively referred to as
"Covenantors"), hereby declare that they are the owner and lessees, respectively, of that certam real
property located at 11606 Clark Street in the City of Arcadia, County of Los Angeles, State of
California, legally described as follows' .
An undivided 1/4 interest in and to Parcell of Parcel Map No 19891
as to Unit 4A, as shown upon the condominium plan recorded as
instrument #89-119470 I, recorded in the office of the County
Recorder of Los Angeles county
The property described above is hereinafter referred to as the "Affected Property",
Covenantors hereby agree and covenant with the City of Arcadia (hereinafter referred to as
"Covenantee"), on behalf of and for the benefit of Covenantee's land, consisting of the public street
and right-of-way adjacent and contiguous to the Affected Property, and on behalf of and for the
benefit of the "Benefitted Land", which consists of and mcludes all the public and private land located
within 150 meters of the Affected Property, as follows
I In consideration of Covenantee's grant of a conditional use permit for the purpose of
conducting an adult business use on the premises of the Affected Property, and to provide assurances
of adequate parking consistent with the standard set forth for "Other Permitted Uses" in Section
9269 5 of the Arcadia Municipal Code, and pursuant to Section 9269 6 of the Arcadia MuniCipal
RVPUB\.AJM\662023
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04 0075348
Code, Covenantors hereby covenant and agree that the adult business use or any other use of the 3
Affected Property shall cease and terminate if, at any time, the then-current parking requirements
established by the Arcadia Municipal Code or otherwise established by Covenantee are not satisfied,
This shall include any action pursuant to the Lease referred to herein as Exhibit "B" that causes
parking provided by said lease to dimimsh or be terminated so as to result in inadequate parking
pursuant to Arcadia Municipal Code requirements for the Affected Property
2, Once parking which meets the applicable parking requirements has been procured,
Covenantors shall furnish to Covenantee written evidence of such procurement, which evidence may
consist of, among other things, a contract, lease, or other agreement whereby the owner of the
property to be used for parking grants Covenantors or any of them the right to use the property for
parking, No parking arrangement shall be accepted by Covenantee as satisfYing the conditions of this
Covenant and Agreement if the parking arrangement will comprise or create a violation of applicable
zoning regulations or any other statute, ordinance, or regulation
3 This Covenant and Agreement is for the benefit of the Covenantee and its successors and
assigns and shall inure to the benefit of all the Benefitted Land and the heirs, successors and assigns
of the owners of the Benefitted Land, and this Covenant and Agreement shall run with the land and
shall be binding upon the heirs, successors and assigns of the Covenantors, regardless of any merger
of the leasehold and fee interests in the Affected Property,
4 The City of Arcadia, in its capacity of Covenantee and in its capacity as the legal
representative of the residents of Arcadia and the owners of the Benefitted Land, is hereby authorized
to enforce the provisions of this Covenant and Agreement
5 This Covenant is also for the benefit of the Affected Property and the adult business proposed
to be operated thereon, by allowing the proposed use of the Affected Property to comply with
Covenantee's zoning requirements, Violation of this Covenant and Agreement shall constitute proof
that such zoning requirements are not being complied with and any use of the Affected Property for
operation of an adult business shall not be a permitted use until compliance with the zoning
requirements is achieved
6 If any section, subsectIOn, sentence, clause, phrase or portion of this Covenant and Agreement
is for any reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, the portions of this Covenant and Agreement not declared invalid shall continue in full
force and effect
[signatures on following page)
RVPVB\AJM\662023
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G4 0075348
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IN WITNESS WHEREOF, Covenantors, and Covenantee have executed this instrument
on the date shown opposite their signatures,
COVENANTORS
Dated: I~ (,..) , 200'/ /!;"t~,' II?&:# a-~
Bibi Hussain
An Unmarried Woman
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{- 0 ,200f
Dated /
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ChawklL'aji
Dated /- 6 -0 ,2001' - ~
Badi Bill Ganunoh
COVENANTEE
CITY OF ARCADIA
Dated:
LIf
, 200~
--1ILnW
William R Kelly, City Manager
APPROVED AS TO FORM
,
~~p.~
Stephen P Deitsch, City Attorney
RVPUBWM\662023
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STATE OF CALIFORNIA
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COUNTY OF &A-nJ (I) [5.
WITNESS my hand and official seal,
Slgnatuf of Notary Public
RVPUBWM'I.662023
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04 0075348
~A.A..&.A"''''.AA..&'''.AAA&
f!!@,._RAJUS,VATSAVAI ~
l) CQMM,ll336290 lD
m NOTARY PUBlIC-CAUFOAHIA
ORANGE COUNTY
My Comm Expl.... Dee 24,2005
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.JAM 0'1 2lIlM 04 0075348
RECORDING REQUFSTED BY AND
WlffiN RECORDED MAlL TO
ROSEMEAD PROPERTIES, INC,
Post Office Box 6010
El Monte, CalifOrnIa 91734-2010
ATTN: PresIdent
COPOlOf804rurrded
Has I\at been com~ared witb ~inaL
Original VlIII b9 returned y(\iall
process~~ ooan CO~~lt.IlEtORDER
o
MEMORANDUM OF LEASE
This Memorandum of Lease is made as of the 24th day of October, 2003, by and between Rosemead
Properties, Inc., a Nevada corporation, as Lessor, and Chawkat JaJleh, an individual, and Bill Badi Gammoh, an
individual, as Lessee,
Lessor has leased to Lessee, for a term of forty-one (41) months commencing November 1, 2000, and
extended by Addendum dated October 24, 2003, for a term of five (5) years commencing April 1, 2004, that
certam real propeny known as Assessor Parcel Number 8532-017-04, located in the City of Arcadia, County of Los
Angeles, State of Califorrua, more particularly described in Exhibit "A" attached hereto, upon all of the terms and
conditions of a Lease between Lessor and Lessee dated November 1,2000 ("Lease") and Addendum to Lease dated
October 24, 2003 ("Addendum"), This Memorandum of Lease IS prepared for the purpose of recordation and
shall not alter in any way the rights and obligations of Lessor and Lessee under the Lease and Addendum, In the
event of any inconsistency between tIus Memorandum of Lease and the Lease the terms of the Lease shall control.
IN WITNESS WHEREOF, the undersigned have executed this Memorandum of Lease effective as of
October 24, 2003,
ROSEMEAD PROPERTIES, INe.,
a Nevada corporation
By 184 ~AM;
R, H, NicholsO Jr" Preside
ByM~_~ "
M, L. Whitehead, Vice President
=:>~
By '---- '
Chawkat Jajieh /
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Ry '~
Bill Badi oh
CA",IFORNIA ALI.-PURPOSE ACKNOWLEDGMENT
04 0075348
1
County of
Los Anp;eles
}ss,
State of Calrtomla
On November 6. 2003
o.~
before me,
Suzanne Moreno
Nam.andT!llilorOlllcer(..g,-JlneDoe.NoCaryf>Wllc")
personally appeared R. H. Nicholson, Jr. and M. L. Whitehead
~lalSlgner(.)
!Xl personally known to me
o proved to me on the baSIS of satisfactory
evidence
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oil~ SUlANNEMORENO ...
J CommiSSion # 1313587 r
~. Notary Public - California ~
J J"'l..... Los Angeles County i
~ rt~; My Comm Expucs Ju116. 2005 ~
~':_I.~~~""'2'''''~ __ _ ~ __...... ........ ~4
to be the person~ whose name~ <SIare
subscnbed to the within Instrument and
acknowledged to me that ~sAe/they executed
the same in R+e/l>&rlthelr authorized
capaclty(~), and that by IlisIher/thelr
slgnature~ on the instrument the person~, or
the entity upon behalf of which the person(!}
acted, executed the Instrument
.1
OPTIONAL
Though the tnformatJon below Is not f9qlJlf'8d by law, It may prove vaJuab19 to persons f'9IyIng on the docum9f1t and could pf8vent
fraudulent I8movaJ and reattachment of thIS form to another documsnt.
I'
Description of Attached Document
Title or Type of Document:
Memorandum of Lease
Document Date,
October 24, 2003
Number of Pages:
2
Signer{s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o AttomeY-ln-Fact
o Trustee
o Guardian or Conservator
o Other,
Top of thumb here
SIgner Is Representing'
01m~fokaryAslooalul'(l:'J5Oo.SoloAw PO 9o:l2<<l2'Chals\llOl'lh.CA91313-20402._~org
....""5007
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04 0075348
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California } ,=<<~a::<<q~1
County of Of? 41\.?('() f=:_ sS,' I
On t J,1 1~)0? 'beforeme'~LS:~~::,~~Z!-iru8~C
personally appeared OJ A W J< A\'-:.\ A- \' It=:\..\. .Aw1j) 13! LL !2tlD I G7/rn1tO f+
Name(s) ~ SJgflflf~
[J personally known to me II
~ proved to me on the basIs of satisfactory ~
eVidence g
to be the person@whose name~ ~ ~
subscribed to the within In ~ '5
acknowledged to me that hey xecuted ~
the same in hI their author! ~
capaclt~ and that y Ithelr ~
slgnatur@n the Instrument the perso I..JJ( ~
the entIty upon behalf of which the perso~ ~
acted, executed the Instrument ~
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~ A.A A A A ~A~~ s~ ;A;S~V~t ~
2! ,,-.. COMM, #1336290
ti NOTARY Pua~FORNIA
III ORANGE COUNTY
My Oorntn ..... 0.0. 24. 2001
y hanV'i
Place Nol:ilrySl!alAt>oY.
OPTIONAL
Though the information below IS not required by law. It may prove valuable to persons relyrng on the document
and could prevent fraudulent removal and reattachment of thIs form to another document.
Description of Attached Doeument
Tille or Type of Document:
Document Date,
Number of Pages:
Slgner(s) Other Than Named Above:
Capaclty(les) Claimed by Signer
SIgner's Name"
D Individual
!:J Corpo,ate Officer - Tille(s):
CJ Partner - D limited 0 General
Cl Attomey In Fact
o Trustee
o Guar,fIan 0' Conservator
CJ Other:
RIGHT THUi.18PRI~./T
OF S!Gt~ER
Top at thumb here
Signer Is Representing:
C 1997 NatIon81 Notary Assoa.bOn. 9350 De SOlo Ava . PO Ball 2402 6 Chatsworltl. CA 91313-2402
Proa No 5907 AeoftSer Call Ton-F.-.e 1 -800-878-6827
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04 0075348
C(
EXHmIT "A"
Arcadia Municipal Code Section 9269,6
Required parking areas shall be located on the same lot or site, or on a lot or site
contiguous thereto, or within one hundred fifty meters (150 m) = (495') of the building or land
use which these facilities will serve When required off-street parking spaces are provided on a
separate lot from the main building or land use, there shall be recorded in the office of the County
Recorder a covenant in the form approved by the City Attomey that such owner or owners will
continue to maintain such parking space as long as said building or land use is maintained
RVPUB\AJM\662023
EXlllBlT A
.
&4 0075348 IV
EXBffiIT "B"
Memorandum of Lease
(Attached behind this page]
RVPUBWM\662023
EXHIBIT B
EXHIBIT A
04 0075348
Lots 1357, 1358, 1360, and 1361 of the Chicago Park Tract, in the City of Arcadia.
County of Los Angeles, State of California, as per map recorded in book 30 page 100 of
Miscellaneous Records, in the office of the county recorder of said county.
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