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HomeMy WebLinkAboutDeed 1332 ! 2010-0053326 133Z QOC # 20�0-005332� 02/04/2010 08:00A Fee:NC � 1332 Page 1 of 14 R�C�J�DING �ZEi.�UES`�[7 t�'( Recorded in Official Records � FIDELITY NAi IONAL TI`"L� County of Riverside � Larry W. Ward � �Z!$�/,3�$,2. Assessor, County Clerk & Reeorder � RECORDING REQUESTED BY ) IIIIIIIIIIIIIIIII IIIIIIII IIIIII III IIIIIII III IIIII IIIIII AND WHEN RECORDED MAIL T0: ) _ ) � Redevelopment Agency of the 1 CltY Of Cathedral Clty S R U PAGE SIZE DA MISC LONG RFD COPY 68-700 Avenida Lalo Guerrero c. Cathedral City, CA 92234 ExA"" � M A L 465 426 PCOR NCOR SMF CH " Attn: Redevelopment Director �� � ' T: CTY UNI (Space Above for Recorder's Use) � � � DECLARATION OF REDEVELOPMENT COVENANTS � r --_--_ ; THIS DECLARATION OF REDEVELOPMENT COVENANTS (this ` � 4 � "Declaration") is made on February 1, 2010, by CATHEDRAL FAMILY ��c� � HOUSING PARTNERS, L.P., a California limited partnership � , ("Declarant"), with respect to certain real property located in i the City of Cathedral City, County of Riverside, California, as � more fully described in Exhibit "A" attached hereto and 3 incorporated herein by this reference (the "Property"). i 3 1 WHEREAS, the Declarant is the fee simple owner of the ! � � Property; and � � � WHEREAS, the Declarant and the Redevelopment Agency � � of the City of Cathedral City (the "Agency") have entered into '� � that certain Disposition and Development Agreement dated as of I September 21, 2007 and recorded as instrument No. 2009-0521883 � = in the Official Records of Riverside County, California with , ;� respect to Declarant's development of the Property (the "OPA"); ��, � and WHEREAS, pursuant to the terms and conditions of the OPA, and in return for the Agency's financial assistance and ; pledge of the Property to Declarant in connection with the development of the Property, the Declarant has agreed to develop a portion of the Property with a rental housing complex ; consisting of approximately sixty (60) units maintained at affordable rent to persons or families of lower income (as defined by California Health and Safety Code Sections 50053 and � 50079.5, respectively) with accompanying amenities and community '� center (collectively, the "Project") and to impose certain covenants concerning the redevelopment of the Property and the Project to be constructed thereupon; and � t € . � � k' � �( t � WHEREAS, the Declarant desires this Declaration to � serve as the instrument to impose said covenants. � NOW THEREFORE, the Declarant declares that the � Property described above is held and will be held, transferred, e encumbered, used, sold, conveyed, leased and occupied subject to 's, the covenants, restrictions and limitations set forth in this ' � Declaration, all of which are in accordance with the � requirements of the OPA. All of the restrictions, covenants and � limitations will run with the land and will be binding on all � parties having or acquiring any right, title or interest in the i Property described above or any part thereof, and to any � improvements located thereon, and will inure to the benefit of � the Agency. Each grantee of a conveyance or purchaser under a 1 contract or agreement of sale covering any right, title or ; : interest in any part of the Property, by accepting a deed or a i contract of sale or agreement of purchase, accepts the document subject to, and agrees to be bound by, any and all of the �, restrictions, covenants and limitations set forth in this ', Declaration. ' 1. Capitalized Terms. All capitalized terms not ; otherwise defined herein shall have the same meaning ascribed to them by the OPA, unless the context clearly indicates a different meaning. 2. Redevelopment Covenants. The covenants which shall bind the Property and the improvements thereon are as follows: (a) The work of the redevelopment of the Property or part or parts thereof as provided in the Agreement shall be - implemented as intended by the OPA. This covenant shall continue ' until the Certificate of Completion is issued. a (b) There shall be no discrimination against or ' segregation of any person, or group of persons, on account of ' any basis listed in subdivision (a) or (d) of Section 12955 of � the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, or on the basis of domestic partnership status or arrangement, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property; nor shall the Declarant, itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, � � , � 3 I I s i ! location, number, use or occupancy of tenants, lessees, � subtenants, sublessee or vendees of the Property. This covenant � shall remain in effect without limitation as to time. � 1 Notwithstanding the immediately preceding paragraph, with I respect to familial status, the immediately preceding paragraph , shall not be construed to apply to housing for older persons, as - defined in Section 12955.9 of the Government Code. With respect ; to familial status, nothing in the immediately preceding paragraph shall be construed to affect Sections 51.2., 51.3, ', 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to ' housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil Code and subdivisions (n), (o) and (p) of Section 12955 of the Government Code shall apply to the immediately preceding paragraph. (c) After the satisfactory completion of the Project in compliance with the OPA, the Property shall be devoted to the uses specified in the OPA, consistent with the Redevelopment Plan and shall not, in whole or in part, be devoted to any other use or used for any other purposes except as may be approved by ; the Agency in writing in advance. This covenant shall remain in effect for the longer of the life of the Redevelopment Plan, as extended from time to time, or the end of the term of the Affordability Covenants as provided in the following paragraph. (d) The Property shall be subject to the Declaration of Affordability Covenants recorded upon the Property, which shall remain in effect for a period of fifty-five (55) years from the date of recordation of the Certificate of Completion for the Property (the "Affordability Covenants"). (e) The Declarant recognizes and acknowledges that the construction of the Project will create a new demand for City services, which the City lacks the ability to fund. For that reason, the Participant covenants as follows: The City is reviewing the creation of a landscape and � lighting district in the area where the Project is to be located, or, alternatively, the annexation of the Property into an existing district. Such a district would assist the City in paying for the lighting and landscaping in the area, thus enabling it to install and maintain such amenities to the general benefit of the area and the specific benefit of the Project. Such a district would equitably apportion the costs among the benefited land owners. The Declarant covenants and agrees, for itself and its successors and assigns, that it will � � • � � � F ! � I � 1 � � - participate in such a district for the life thereof, will vote in favor of its formation or for annexation if a vote is � required, will otherwise support and not oppose the formation of the district or the annexation of the Property into an existing � district, and, provided only that the assessments are included , on the tax rolls of the County of Riverside, will pay when due ' the assessments apportioned to it. Further, in the event that a landscape and lighting district is determined by the Agency not to be feasible, or is not approved in an election, the Declarant covenants that it will pay an equivalent amount to the City annually, for the life of the Redevelopment Plan, and agrees ` that the City shall have all rights and remedies available under the law to enforce such obligation. (f) The Declarant recognizes and acknowledges that the City requires any newly constructed multi-family housing projects to join the City's Community Facilities District (the "CFD"). The Declarant shall cause Project to become part of the CFD. (g) (i) Declarant shall ensure that during the _ period when the Affordability Covenants as set forth in subsection (d) hereof apply to the Property that the Project shall at all times be managed by an experienced on-site management staff (the "Management Agent"). The Declarant, or an affiliated entity, shall serve as the Management Agent for the j Property upon issuance of a Certificate of Completion as provided in the OPA. The Management Agent shall cause the Project at all times to be operated in a manner that will provide decent, safe and sanitary residential facilities to occupants thereof, by representatives experienced in complying with reporting requirements and occupancy restrictions similar to those imposed upon the Project by terms of the OPA. The Management Agent shall ensure that tenants of the Project use the Property and the Project in a manner which fits in with the character of the surroundinq neighborhood and the Agency's redevelopment goals. In order to achieve this, the Participant, or its designee, or the Management Agent or its designee, shall draft, or cause to be drafted, operating rules, policies and regulations for the Project, and include covenants in tenant leases which require proper use of the Property and Project (the "Operating Rules" and "Lease Covenants", respectively). Such Operating Rules and Lease Covenants shall be subject to the approval of the Agency, which approval shall not be unreasonably withheld. The Management Agent shall be responsible for _ enforcing such Operating Rules and Lease Covenants. Further, the Management Agent shall provide high-quality management for • ' � � � 1 i � � 1 i � the Community Center and the Community Center's related programs � which shall be made available to neighborhood residents. � Management practices, tenant qualification, and background � checks shall conform, as closely as possible, to the principles � of a"Crime-Free Multi-Family Housing Program", whether the i Cathedral City Police Department has an active Crime-Free Multi- , Family Housing Program. , (ii) If the Agency determines in its reasonable �', judgment that the Project is not being operated and managed in �', accordance with all of the requirements and standards of the ' OPA, and/or any other applicable laws, ordinances, regulations, or other restrictions imposed by law, then the Agency may deliver written notice to the Declarant of its intention to cause replacement of the Management Agent. Within thirty (30) days of receipt by the Declarant of such written notice, representatives of the Agency, the Declarant and the Management Agent shall meet and confer in good faith to consider methods for improving the financial and operating status of the Project, including, without limitation, replacement of the Management Agent. If after such meeting, the Agency still elects to ' proceed with the replacement of the Management Agent, then the Agency shall notify the Declarant in writing within fifteen (15) days following the meeting. Upon receipt of such notice, the Declarant shall promptly dismiss the then Management Agent, and shall appoint, subject to the approval of the Agency, a person or entity to serve as Management Agent which meets the standards for a Management Agent set forth in the following paragraph. The Declarant's failure to remove a Management Agent in accordance with the provisions of this paragraph (g) shall constitute an event of default hereunder and under the Deed of Trust which also secures performance hereof. (iii) The Declarant may not cease its operations as Management Agent without the prior written approval of the Agency and without presenting to the Agency a qualified third-party Management Agent to serve in its stead, which third-party Management Agent is subject to the approval of the Agency. In the event that the Declarant seeks approval from the Agency to appoint a third-party Management Agent, the Declarant shall advise the Agency in writing of the identity of any such proposed qualified Management Agent. Any third-party Management Agent shall be properly licensed by the State of California. The Declarant shall also submit such additional information about the background, licensing, experience, financial condition and other qualifications of any proposed third-party Management Agent as is reasonably necessary for the i � _ i � I I , Agency to determine whether the proposed management agent meets � the standards which the Agency may impose. Any contract for the operation or management of the Project entered into by the � Declarant shall provide that such contract shall be terminated upon thirty (30) days notice, with or without cause. � i � (h) The Declarant covenants and agrees for itself, j its successors, its assigns, and every successor in interest to i the Property, or any part thereof, that the Declarant, such i successors and such assigns shall maintain in good condition the ��, improvements on the Property, shall keep the Property free from ' any accumulation of debris or waste material, subject to normal ; construction job-site conditions, and shall maintain in a neat, orderly, healthy and good condition the landscaping required to be planted in accordance with the terms of the OPA. In the event the Declarant, or its successors or assigns, fails to perform the maintenance as required herein, the Agency and/or the City shall have the right, but not the obligation, to enter the Property and undertake, such maintenance activities. In such event, the Participant shall reimburse the Agency and/or City for all reasonable sums incurred by it for such maintenance activities. (i) Al1 of the foregoing covenants shall run with the land, and shall inure to the benefit of and be enforceable by the Agency, and its successors and assigns. (j) The covenants set forth in this Declaration shall run in favor of the Agency for the entire period during which such covenants are to remain in force in accordance with subsection (h) hereof, and shall be in effect without regard to whether the Agency has at any time been, remains, or is an owner of any land or interest therein to which these covenants relate. In the event of any breach of these covenants, the Agency shall have the right to exercise all the rights and remedies available at law or in equity to enforce the curing of such breach. (h) It is the intent hereof that subsection (a) of this Declaration shall remain in effect until a Certificate of Completion is issued on the Property in accordance with the < terms of the DPA, and that the provisions of subsections (b) , through (h), inclusive, of this Declaration shall survive the termination of the other operative provisions of the OPA and the issuance and/or recordation of the Certificate of Completion and, unless otherwise specified, shall remain in effect for the duration of the Redevelopment Plan, as amended from time to time. i � I ', � � i 3. Maintenance of Property. During such time as the � covenants set forth in Section 2 of this Declaration are in � � effect, the Property shall be occupied by low or very low income � households as defined by Health & Safety Code Sections 50079.5 ` and 50105 as required by the Declaration of Affordability Covenants. The Property shall at all times be maintained in a � neat and orderly condition consistent with good management practices and in accordance with all applicable Federal, State and local laws. 4. Events of Default; Enforcement In the event of a default in the performance or observance of any covenant, agreement or obligation as set forth in this Declaration and, if such default remains uncured for a period of thirty (30) days after notice thereof shall have been given by the Agency, or such longer period as may be approved by the Agency in writing in its sole discretion, then the Agency may declare that an 3 - Event of Default has occurred hereunder and may take any one or more of the following steps, at its option: (a) By mandamus or other suit, action or proceeding ; at law or in equity, require the Declarant or its successors in `# interest to perform its obligations and covenants hereunder, or � enjoin any acts or things which may be unlawful or in violation _ of the rights of the Agency hereunder; and � (b) Take whatever other action at law or in equity may appear necessary or desirable to enforce the obligations, covenants and agreements hereunder. i (c) No delay in enforcing the provisions hereof as to � any breach or violation shall impair, damage or waive the right i against or recover for the continuation or repetition of such ' breach or violation or any similar breach or violation thereof ' at any later time or times. � � # (d) If default of the OPA occurs prior to the ; recordation of the Certificate of Completion, declare a default under the OPA, entitling Agency to exercise any remedies as provided under the OPA. ; 5. Attorneys' Fees. In any legal proceeding begun to enforce the terms of or restrain a violation of this � Declaration, the losing party or parties must pay the attorneys❑ � fees of the winning party or parties in the amount fixed by the court in the proceeding. � � � � x � € r � 6 t � � . � 6. Amendments. This Declaration may only be amended � in writing by an instrument signed by the authorized � representative of the Agency and the then record owner or owners of the Property. � � 7. Severability. If any provision of this � Declaration shall be invalid, inoperative or unenforceable as applied in any particular case, in any jurisdiction or � jurisdictions or in all jurisdictions, or in all cases because � it conflicts with any other provision or provisions hereof or � any Constitution or Statute or rule of public policy, or for any � other reason, such circumstances shall not have the effect of � rendering the provisions in question inoperative or � unenforceable in any other case or circumstance, or of rendering = any other provision or provisions herein contained invalid, ` inoperative, or unenforceable to any extent whatsoever. � � The invalidity of any one or more phrases, sentences, € clauses or sections contained in this Declaration shall not � affect the remaining portions of this Declaration or any part � hereof. � r ,: � 8. Headings. The section headings are not part of € this Declaration and will not affect the interpretation of any � � provisions hereof. ; � S' 9. Time of the Essence. In each provision of this � Declaration which states a specific amount of time within which � the requirements thereof are to be satisfied or are to persist, , time shall be deemed to be of the essence. � � 10. Notices. Any notice required to be given � hereunder shall be given by personal delivery or by registered � or certified mail at the addresses specified below or at such � other addresses as may be specified in writing by the parties � fr hereto: � � � � To the Declarant: Cathedral Family Housing � Partners, L.P. 9065 Haven Ave., Suite 100 Rancho Cucamonga, CA 91730 Attention: President � } � � � � � € � � � � � � � � � � 9 � � _ , I � with a copy to: Edward A. Hopson j 655A North Mountain Avenue � Upland, California 91786 � � with a copy to: Wachovia Affordable Housing � i Community Development Corporation ; ; MAC D1053-170 301 South College Street � Charlotte, NC 28288-0173 � Attention: Director, Asset Management �, with a copy to: Joel Hjelmaas, Counsel Wells Fargo Bank, N.A. MAC X2401-06T 1 Home Campus, 6th Floor Des Moines, IA 50328-0001 If to the Agency: Redevelopment Agency of the City of Cathedral City ' Civic Center 68-700 Avenida Lalo Guerrero Cathedral City, California 92234 Attention: Executive Director � with a copy to: Green, de Bortnowsky and Quintanilla 23801 Calabasas Road, Suite 1015 Calabasas, California 91302 Attention: Charles R. Green Notice shall be deemed given three (3) business days after the date of mailing, or, if personally delivered, when _ received. A party's address for notice may be changed by giving } notice to the other party in the manner set forth above and indicating the new address for notice. E IN WITNESS WHEREOF, Declarant has executed this Declaration on the date first written above, `�DECLARANT" CATHEDRAL FAMILY HOUSING PARTNERS, L.P. a California limited partnership By its General Partner, SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION OF THE INLAND EMPIRE, a California non-profit . public benefit corporation B Richard J. Whittingham, CFO i ; ; i ; i � ; � � � E k S S fi � i. � [ t k CATH\0010-29\DOC\011-9.doc 6' 1 E i E: k i. { ( f E . � i i � # f # � ALL-PURPOSE ACKNOWLEDGMENT ; � State of California ) � ) ss. j cou�ty oft� � ;�ar�{� > � � On �/�LQ��2f'Z,�-�/�) , before me,��l�Q� ,Yf7Q.l���7 ��/� n�"�� l(�' E � Name and Tide of Officer (e.g., "Jane Doe, Naary blic") � personallyappeared /(' �/� �l- `�ll�f(�J�j����2 ?/ � Names of Signer(s) � 4 who proved to me on the basis of satisfactory evidence to be the person�j whose name�) is/afe subscribed � to the within instrument and acknowledged to me that hel�ey executed the same in hisl�ierht�eir authorized capacity(ies}-and that by his/laerl�l�eir signature(� on the instrument the person�S), or the entity � upon behalf of which the person(� acted, executed the instrument. � � I ceRify under PENALTY OF PERJURY under the laws of the State of California that the foregoing � paragraph is true and conect. � HILDA HERNANDEZ z CoMM.# 175fi272 WfTNESS my hand and official seal. N NOTARY FUBLIC-CALIFORNIA N � SAX BERNAR�INO COUNTY � �� Mr Coww. Exr. Ju�r 9, 2011 "' � � ig n of Ncxary PubGc ` F � OPTIONAL k Though the information below is not required by law, it may prave valuable to persons relying on the document � and cou[d p�event jraudulent remova[ and reattachment of diis form to another document. [ s` � Description of Attached Document � Title or Type of Document: �°� /� rGi��7Q7�, a F /��c�� v'e lo,� rnt,� �f L�vu ���v� � �: � Document Dated IVumber of Pages: _ �, Signer(s) Other Than IYamed Above: � Capacity(ies) Claimed by Signer � Signer's I�Iame: wgncTtK,mbPMCOts��� � � � ❑ [ndividual � ❑ Corporate Officer - Title(s): � ❑ Partner - ❑ Limited 0 General � ❑ Attorney in Fact � ❑ Co-Trustee ❑ Guardian or Conservator � Other: � Signer is Representing: � � € � � € � � � � f t � � ¢ � � � � i � � 1 3: EXHIBIT "A" � t LEGAL DESCRIPTION � 4 � � # Certain real property located in the City of Cathedral City, � County of Riverside, State of California, described as follows: � � Parcel 1(ASSESSOR'S PARCEL NUMBER 673-140-010-0): � � PARCEL 1, AS SHOWN ON RECORD OF SURVEY ON FILE IN BOOK 41, PAGE � 59 OF RECORDS OF SURVEY, RECORDS OF RIVERSIDE COUNTY, � CALIFORNIA; TOGETHER WITH THAT PORTION OF CORREGIDOR DRIVE, (LOT � ��A") 30 FEET WIDE, LYING ADJACENT T0, AND WESTERLY OF, THE � WESTERLY PROLONGATION OF THE NORTH AND SOUTH LINE OF PARCEL 1, � AS SHOWN ON SAID RECORD OF SURVEY. � � PARCEL lA: � � E AN NON-EXCLUSIVE EASEMENT FOR EGRESS AND INGRESS OVER THE WEST � 30 FEET OF SAID RECORD OF SURVEY, AND SHOWN AS CORREGIDOR DRIVE � � (LOT ��A"). � � EXCEPT THAT PORTION INCLUDED WITHIN PARCEL 1. � � � PARCEL 2(ASSESSOR'S PARCEL NUMBER 673-140-011-1): � � PARCEL 2, AS SHOWN ON RECORD OF SURVEY ON FILE IN BOOK 41, PAGE � 59 OF RECORDS OF SURVEY, RECORDS OF RIVERSIDE COUNTY, � CALIFORNIA; TOGETHER WITH THAT PORTION OF CORREGIDOR DRIVE, (LOT � "A") 30 FEET WIDE, LYING ADJACENT T0, AND WESTERLY OF, THE � WESTERLY PROLONGATION OF THE NORTH AND SOUTH LINE OF PARCEL 2, j AS SHOWN ON SAID RECORD OF SURVEY. j i PARCEL 2A: AN NON-EXCLUSIVE EASEMENT FOR EGRESS AND INGRESS OVER THE WEST 30 FEET OF SAID RECORD OF SURVEY, AND SHOWN AS CORREGIDOR DRIVE (LOT `�A"). EXCEPT THAT PORTION INCLUDED WITHIN PARCEL 2. PARCEL 3(ASSESSOR'S PARCEL NUMBER 673-140-012-2): PARCEL 3, AS SHOWN ON RECORD OF SURVEY ON FILE IN BOOK 41, PAGE 59 OF RECORDS OF SURVEY, RECORDS OF RIVERSIDE COUNTY, ; CALIFORNIA; TOGETHER WITH THAT PORTION OF CORREGIDOR DRIVE, (LOT '� ��A") 30 FEET WIDE, LYING ADJACENT T0, AND WESTERLY OF, THE '' WESTERLY PROLONGATION OF THE NORTH AND SOUTH LINE OF PARCEL 3, AS SHOWN ON SAID RECORD OF SURVEY. ' i PARCEL 3A: � AN NON-EXCLUSIVE EASEMENT FOR EGRESS AND INGRESS OVER THE WEST � 30 FEET OF SAID RECORD OF SURVEY, AND SHOWN AS CORREGIDOR DRIVE � i , (LOT "A"). ! i H EXCEPT THAT PORTION INCLUDED WITHIN PARCEL 3. ; � PARCEL 4(ASSESSOR'S PARCEL NUMBER 673-140-013-3): � E 1 f PARCEL 4, AS SHOWN ON RECORD OF SURVEY ON FILE IN BOOK 41, PAGE � 59 OF RECORDS OF SURVEY, RECORDS OF RIVERSIDE COUNTY, � CALIFORNIA; TOGETHER WITH THAT PORTION OF CORREGIDOR DRIVE, (LOT � ��A") 30 FEET WIDE, LYING ADJACENT T0, AND WESTERLY OF, THE € WESTERLY PROLONGATION OF THE NORTH AND SOUTH LINE OF PARCEL 4, � AS SHOWN ON SAID RECORD OF SURVEY. � € � PARCEL 4A: � �; � AN NON-EXCLUSIVE EASEMENT FOR EGRESS AND INGRESS OVER THE WEST � k 30 FEET OF SAID RECORD OF SURVEY, AND SHOWN AS CORREGIDOR DRIVE � � ( LOT ��A" ) . � � EXCEPT THAT PORTION INCLUDED WITHIN PARCEL 4. � PARCEL 5(ASSESSOR'S PARCEL NUMBER 673-140-017-7): � � � THE NORTHEAST QUARTER OF LOT 26 OF PLUMLEY & SON SUBDIVISION, AS � SHOWN BY MAP ON FILE IN BOOK 10 PAGE 94 OF MAPS, RECORDS OF � RIVERSIDE COUNTY, CALIFORNIA. ' i ! ; ; NOTARY SEAL ' GOVERNMENT CODE SECTION 27361.7 j % I CERTIFY UNDER PENALTY OF PER7URY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: � � � � NAME OF NOTARY Hilda Hernandez � DATE COMMISSION EXPIRES July 9 2011 COMMISSION NUMBER 1756272 PLACE OF EXECUTION Newport Beach CA � � DATE February 3 2010 � SIGNED ����� � � � E � � � � �@ 6 � � 4 > � � � � 5 i 4 1 F 1 S i $ 4: S 4. � f Notary Seal A�davit (notarysealaf�(04-06) � H