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Home My WebLink AboutDeed 1331 F I33► j _° ' DOC # 2010-0053325 � 1331 02/04/2010 08:00A Fee:NC ' Page 1 of 11 ; RcCGRDING �cEQUES ED G'( Recorded in Official Records !, l=1DELITY NAi IONAL TlTLE County of Riverside ; 7�Z5//34.S.Z Larry W. Ward i _ Assessor, County Clerk & Reeorder ; RECORDING REQUESTED BY > IIIIIIIIIIIIIIIIIIIII � AND WHEN RECORDED MAIL T0: ) IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII > � � Redevelopment Agency of the ` ' C1tY Of Cathedral Clty S R U PAGE SIZE DA MISC LONG RFD COPY ! 68-700 Avenida Lalo Guerrero ��, \� � Cathedral C1ty� CA 92234 M A L 465 426 PCOR NCOR SMF CHG EXAM Attn: Redevelopment Director ,�� T: CTY UM (JL ', � (Space Above for Recorder's Use) � Exempt from recording fees pursuant to Government Code section 27383 � ! _ �� DECLARATION OF AFFORDABILITY COVENANTS o I THIS DECLARATION OF AFFORDABILITY COVENANTS (this "Declaration") is made on February 1, 2010, by CATHEDRAL FAMILY � HOUSING PARTNERS, L.P., a California limited partnership i ("Declarant") with respect to certain property located in the � City of Cathedral City, County of Riverside, California, as more � fully described in Exhibit "A" attached hereto and incorporated � herein by this reference (the "Property"). ; a ! 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 Owner Participation Agreement dated as of September 21, � 2007 and recorded October 21, 2009 as Instrument No. 2009-0521883 i in the Official Records of Riverside County, California (the � "OPA") with respect to the Declarant's development qf the � Property; and '� � � � WHEREAS, pursuant to the terms and conditions of the � OPA, and in return for the Agency's financial assistance in j connection with development of the Property, the Declarant has s - agreed to develop the Property with a rental,housing complex 3 consisting of approximately sixty (60) units to be made available � at affordable rent to persons or families of low and very low � � � ° income as those terms are defined under the California Community � ' Redevelopment Law and to impose certain affordability covenants � upon the Property; and � � WHEREAS, the Declarant desires this Declaration to � serve as the instrument to impose said covenants. g 1 � t € � a � � _ � � H � � � I d � NOW THEREFORE, the Declarant declares that the Property � described above is held and will be held, transferred, � encumbered, used, sold, conveyed, leased and occupied subject to 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 I or acquiring any right, title or interest in the Property � described above or any part thereof, and to any improvements located thereon, and will inure to the benefit of the Agency and the future lessees of the Pro ert . Each rantee of a conve ance I P Y g Y or purchaser under a contract or agreement of sale covering any ; right, title or interest in any part of the Property, by accepting a deed or a 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. i, � l. Capitalized Terms Al1 capitalized terms not I otherwise defined herein shall have the same meaning ascribed to � them in the OPA, unless the context clearly indicates a different j meaning. I 2. Affordability Covenants. The Declarant hereby i agrees that the following Affordability Covenant shall be effective as of recordation of the Certificate of Completion, and i shall remain in effect for Fifty-Five (55) years from such date. ' I The Declarant covenants that each of the units constructed and � maintained on the Property, approximately sixty (60), excepting j one (1) unit reserved for use by the on-site manager, as more i fully described below, will be available at affordable rent to ; persons or families with low or very low income as set forth in ? = the OPA and as provided under the California Community � i Redevelopment Law (the "Affordability Covenants"). j i I ; � I � i _ � � � � � i E i 2 � i s S � 6 a � ! � � � � i � � _ � � UNIT TYPE PERCENT MEDIAN NUMBER OF UNITS � i � TWO BEDROOM 30% 2 450 4 i 50� 26 � 550 9 THREE BEDROOM 300 4 � i 45a 5 j 50°s 4 � 550 5 I THREE BEDROOM MANAGER'S UNIT 1 � 'i � � i 3. Maintenance of Property. During such time as the ; Affordability Covenants are in effect, the Property shall at all � times be maintained to include a rental apartment community of i approximately sixty (60) units. The community shall include � � k approximately forty-one (41) two (2)-bedroom units, approximately I, eighteen (18) three (3)-bedroom units, to be made available at � affordable rent to persons or families of low and very low income ; as those terms are defined in Section 2 above, and one (1) unit i reserved for use by the on-site manager, which shall not be so restricted. The Property shall at all times be maintained in a 1 neat and orderly condition consistent with good management � practices and in accordance with all applicable Federal, State ; and local laws. � 4. Compliance. In order to insure compliance with � ; this Declaration, each of the following shall occur: ; g � (a) Declarant and its successors shall ensure � that each lessee of a housing unit on the Property executes under $ penalty of perjury an income verification and information form ("Income Verification and Information Form"), in a form � reasonably acceptable to the Agency, certifying the lessee's � income. Units will be leased only to lessees who have incomes � . qualifying under the affordability covenants set forth herein. � I � (b) Declarant and his successors shall obtain a j copy of each lessee's federal income tax return for the taxable � year immediately preceding such lessee's initial occupancy in the � � � 3 ; 8 � � � � � i � � Project or, if a lessee certifies that he or she did not file or � did not retain a copy of such tax return, other satisfactory � evidence of income for such year, such, as wage statements or employer records. � _ � (c) Annually, the Declarant and its successors i shall provide to the Agency copies of said executed Income Verification and Information Forms with respect to each lessee � along with a summary for the applicable year signed by the ; Declarant or its successor, certifying compliance with the I provisions of this Declaration under penalty of perjury. � i (d) Prior to the recordation of the Certificate { of Completion, to certify the compliance of the Declarant or its ; successor with these provisions, the Agency shall have a right to _ inspect the books and records pertaining to such matters of the � then owner(s) or operator(s) of the Property. i , ; � 5. 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 j sole discretion, then the Agency may declare that an Event of � � Default has occurred hereunder and may take any one or more of ; the following steps, at its option: i I (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 against or recover for the continuation or repetition of � such breach or violation or any similar breach or violation E thereof at any later time or times. ; I E I 4 � � t t i s � � � � . � I (d) If occurring prior to the recordation of the Certificate of Completion, declare a default under the OPA, � entitling the Agency to exercise any remedies as provided under � _ the OPA. � 6. Attorneys' Fees. In any legal proceeding to I ' enforce the terms of or restrain a violation of this Declaration, I - 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. I i 7. Amendments. This Declaration may only be amended ': in writing by an instrument signed by the authorized '; representative of the Agency or it successor in interest and the ; then record owner or owners of the Property. i _ � 8. 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 i other reason, such circumstances shall not have the effect of j rendering the provisions in question inoperative or unenforceable i in any other case or circumstance, or of rendering any other � provision or provisions herein contained invalid, inoperative, or j � unenforceable to any extent whatsoever. The invalidity of any I 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. � � '� 9. Headings. The section headings are not part of � � this Declaration and will not affect the interpretation of any � provisions hereof. � 3 10. Time of the Essence. In each provision of this j 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 hereto: ? � 5 ; e [ � � � � � � i . 9 � j I i i i i To the Declarant: Cathedral Family Housing � Partners, L.P. 9065 Haven Ave., Suite 100 Rancho Cucamonga, CA 91730 Attention: President � i � with a copy to: Edward A. Hopson ; 655A North Mountain Avenue � Upland, CA 91786 � _ � _ with a copy to: Wachovia Affordable Housing Community Development Corporation i MAC D1053-170 � � 301 South College Street Charlotte, NC 28288-0173 Attention: Director, Asset Management i _ ; 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 � 68-700 Avenida Lalo Guerrero ! , Cathedral City, California 92234 � Attention: Executive Director i , ' � : with a copy to: Green, de Bortnowsky and Quintanilla � g 23801 Calabasas Road, Suite 1015 � ° Calabasas, California 91302 � ' Attention: Charles R. Green Notice shall be deemed iv n � g e 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 s - notice to the other party in the manner set forth above and indicating the new address for notice. � _ � 6 � �, � ; i � � : � � � ; � .� i � I � � � _ IN WITNESS WHEREOF, Declarant has executed this � Declaration on the date first written above, � ��DECLARANT" � � CATHEDRAL FAMILY HOUSING I PARTNERS, L.P. ' A California limited partnership � i � By its General Partner, SOUTHERN � CALIFORNIA HOUSING DEVELOPMENT ; CORPORATION OF THE INLAND EMPIRE, j a California non-profit public ; benefit corporation � I � BY' I Richard J. Whittingham, CFO � _ � 1 1 � '� E _ 9 i I, ; : � i � a � _ � � I � _ ! I � � _ � � � � i _ � � i CATH\0010-24\DOC\010-4.DOC � f _ �$ 4 i € d _ 7 � ) � ; g � � t F � E _ � _ � ALL-PURPOSE ACKNOWLEDGMENT ; 3 State of California ) �, �" ) ss. County of ..�Qi2 ,(�/'�`IGl�GL�(L! ) ' On Z , before me, /J�l r ' ace Name and Tide of Officer (e.g., " ane Doe, Naary blic" ) � �' J� Gt1�� th�1�1�� 1 personally appeared J�jC;/�([�1' Names(s) or signer(s) I who proved to me on the basis of satisfactory evidence to be the person�a'j whose name is/ac� subscribed to the within instrument and acknowledged to me that he/sftefthey executed the same in hisA�erhheir authorized capacity(ties�, and that by his/�eFfEHeir signature(,dj on the instrument the person(�), or the entity upon behalf of which the person� acted, executed the instrument. ; I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing � paragraph is true and correct. HILDA HERNANDEZ � COMM.# 1756272 ! W[TNESS m hand and official seal. N'� NOTARY PUBUGCAIifORNIA N � Y SAN BENNAR�INO COUNTY i - Mr CoMU. ExP. Jutr 9 20» � i Place Notary Seal Above Sigt�ature of Notary Pubfic I OPTIONAL i Thaugh the information below is not required by law, it may prove valuable to persons relying on the document and cou(�l prevent fraudulent remova! and reattachment of this farm to another document. ! i Description of Attached Document ` Title or Type of Document:�/�P�/flt��t im /7 � �yA�Q�.7i li 1� � Document Dated IVumber of Pages: � � ; Signer(s) Other Than I�tamed Above: ; Capacity(ies) Ciaimed by Signer ; Signer's Name: a;gtu�[tw�,bPMCOrs�� ❑ Individual � � � ❑ Corporate Officer - Title(s): ❑ Partner - t7 Limited ❑ General � ❑ Attorney in Fact � ❑ Co-Trustee � 3 ❑ Guardian or Conservator ' Other: � Signer is Representing: ; 1 , � s 1 � � ! � � I i i � , � � i � EXHIBIT "A" � LEGAL DESCRIPTION � I Certain real property located in the City of Cathedral City, ? County of Riverside, State of California, described as follows: j � i Parcel 1(ASSESSOR'S PARCEL NUMBER 673-140-010-0): � i _ PARCEL 1, AS SHOWN ON RECORD OF SURVEY ON FILE IN BOOK 41, PAGE I 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 l, � AS SHOWN ON SAID RECORD OF SURVEY. , 1 : , PARCEL lA: � I � 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"). � EXCEPT THAT PORTION INCLUDED WITHIN PARCEL 1. � � PARCEL 2(ASSESSOR'S PARCEL NUMBER 673-140-011-1): � � i PARCEL 2, AS SHOWN ON RECORD OF SURVEY ON FILE IN BOOK 41, PAGE �{ 59 OF RECORDS OF SURVEY, RECORDS OF RIVERSIDE COUNTY, I 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, � AS SHOWN ON SAID RECORD OF SURVEY. � � , 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"). s � i EXCEPT THAT PORTION INCLUDED WITHIN PARCEL 2. � � 3 � € : � � € [ E � � � � � 5 1 i � � � I � � � , � PARCEL 3(ASSESSOR'S PARCEL NUMBER 673-140-012-2): � PARCEL 3, AS SHOWN ON RECORD OF SURVEY ON FILE IN BOOK 41, PAGE f 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. � � PARCEL 3A: � 3 � AN NON-EXCLUSIVE EASEMENT FOR EGRESS AND INGRESS OVER THE WEST j 30 FEET OF SAID RECORD OF SURVEY, AND SHOWN AS CORREGIDOR DRIVE � (LOT "A"). J � $ � � EXCEPT THAT PORTION INCLUDED WITHIN PARCEL 3. ! � � , PARCEL 4(ASSESSOR'S PARCEL NUMBER 673-140-013-3): ' i PARCEL 4, AS SHOWN ON RECORD OF SURVEY ON FILE IN BOOK 41, PAGE � 59 OF RECORDS OF SURVEY, RECORDS OF RIVERSIDE COUNTY, i " 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: � i 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"). � 1 EXCEPT THAT PORTION INCLUDED WITHIN PARCEL 4. � i � 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 i � I i � � i � i � � $ � � � , � $ _ � . �. € � 3 NOTARY SEAL GOVERNMENT CODE SECTION 27361.7 � � I CERTIFY UNDER PENALTY OF PER7URY THAT THE NOTARY SEAL ON THE DOCUMENT TO � WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: � � ti NAME OF NOTARY Hilda Hernandez � _ � DATE COMMISSION EXPIRES July 9, 2011 i COMMISSION NUMBER 1756272 � PLACE OF EXECUTION Newport Beach CA _ � DATE February 3 2010 � _ � SIGNED �T � � � _ � � � � { � 4 � _ � � � i � i � i � i ; � 4 � � ! � � i � ! � � � � s Notary Seal Affidavit (notarysealaf�(04-06) � , �