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Home My WebLink AboutRecorded Doc 2009-045 � �?Z+1 � _ , .� � . � � , 1327 � � DECLARATION OF COVENANTS, CONDITIONS j AND RESTRICTIONS � _ � DREAM HOMES REVITALIZATION PROGRAM (DHRP) � � � DOC # 2009-0564972 � RECORDING REQUESTED BY: ) dQ� # ��g_Qr��g72 � � 11/02/2009 08:00A Fee:NC REDEVELOPMENT AGENCY OF � Page 1 of 11 � Recorded in Official Reeords THE CITY OF CATHEDRAL CITY ) �ou�t of Riverside � 1 Larry W. Ward � � Assessor, County Clerk & Recorder AND WHEN RECORDED RETURN TO: ) � � � IIII�I IIIIII) IIIII II IIII�I IIIIIII IIIII II) IIlII IIII III) REDEVELOPMENT AGENCY OF ) THE CITY OF CATHEDRAL CITY � � 68-700 Avenida Lalo Guerrero S R U PAGE SIZE DA MISC LONG RFD COPY � Cathedral City, CA 92234 ' Attn: Agency Secretary M A L 465 a2s PCOR NCOR sMF NCHG ! EXAM � 1-f � ' J -� , � (Space Above for Recorder s Use) � � ; ---- i (Exempt from Recording Fees Per Government. Code Section 27383) �� _ � � � � � � � � � � � � � � € � £ i q :� E � � r � � � ' ' � � . � � . � � ; a � � s a THIS DECLARATION OF COVENANTS, CONDITIONS, AND � RESTRICTIONS (this "Declaration") is made by and between Pedro Lerma and Conce�cion � Lerma, husband & wife as Joint Tenants as (the "Homeowner") at 31214 San Joaquin Drive Cathedral City, California 92234 (APN 677-362-003) and the Redevelopment Agency of the � City of Cathedral City, a public body, corporate and politic (the "Agency"), as of the date set � forth below with reference to the following. � RECITALS � � A. Homeowner is a participant in the Agency's Dream Homes Revitalization � Program (the "Program") and has received certain assistance from the Agency including a non- � interest bearing forgivable loan (the "Loan") to make re�airs and/or improvements (the � "Improvements") to that certain real property located in the City of Cathedral City (the "City") � as legally described in Exhibit "A" attached hereto and incorporated herein by this reference (the � "Property"). � B. Under the terms of the Program, Homeowner is r�uired to comply with � certain conditions including Property maintenance obligations, resi ency restrictions and � Property equity sharing with the Agency (the "Program Requirements"). � C. Homeowner and the Agency desire to implement the Program Requirements � under this Declaration which is to be recorded against the Property during the term of this � Declaration. � NOW, THEREFORE, the parties hereto agree and covenant as follows: � � � ARTICLE I � � � NONDISCRIMINATION/RESIDENTIAL COVENANTS � � � � � Section 1. 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 claimmg under or through it, establish or permrt any such practice � or practices of discrimination or segregation with reference to the selection, locahon, 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. � � Notwithstanding the immediately preceding paragraph, with 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 m 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. � � �F,�,a—F,5549?� � � IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIII� 11,'r_��.�c�af 11 EiFiH � � � � . � i I Section 2. The Property shall be owned and occupied by Homeowner as � Homeowner's primary residence during the Term of this Declaration (as defined in Article III) � and Homeowner shall, at the time of recordation of this Declaration, be persons or families of low or moderate income as that term is defined under California Health and Safety Code section � 50093, earning less than one hundred twentv percent (,120%) of the current annual median � income for the Riverside County area, adjusted for family size appropriate to the unit by the € California Department of Housing and Community Development and HUD. The covenants in � this Section 2 shall run with the land during the Term. � � ARTICLE II � DUTIES OF HOMEOWNER � � Section 1. Inspection. Homeowner shall permit the periodic inspection of the � Property upon reasonable notice of not less than twenty-four (24) hours, for the purpose of � ensuring the Property is owned and maintained in compliance with this Declaration and all � applicable provisions of the Cathedral City Municipal Code (the "Code"). Homeowner shall p repair and correct any health and safety violations noted by the City or Agency within the time � provided under each such citation or order. � � Section 2. Residence Maintenance. Homeowner shall maintain the Property in � good order and repair at all times during the Term of this Declaration including without � limitation, exterior painted surfaces, roofing, windows and doors of any structures located on the � Property. � � Section 3. Graffiti Removal. All graffiti, and defacement of any type, including ` marks, words and pictures must be removed from the Property and any necessary painting or � repair completed within one (1) week of creation or within one (1) week after notice to Homeowner from Agency or City, whichever is less. r Section 4. Landscapin� All landscaping surrounding the Property shall be � maintained in a manner consistent wrth the rules, regulations and standards promulgated under � the Code. In addition, the yard areas shall not contain the following: (a) lawns with grasses in � excess of nine (9) inches in height, (b) trees, shrubbery, lawns, and other plant life which are � dying from lack of water or other necessary maintenance, (c) trees and shrubbery grown � uncontrolled without proper pruning, (d) vegetation so overgrown as to be likely to harbor rats or � vermin, (e) dead, decayed or diseased trees, weeds and other vegetation, and (� inoperative � irrigation system(s). $ � Section 5. Damage and Destruction Affectin� Propertv-Dutv to Rebuild. If all or � any portion of the Property and the improvements thereon is damaged or destroyed by fire or � other casualty, it shall be the duty of Homeowner to rebuild, repair or reconstruct the Property in � a timely manner to restore it to Code compliance condition. In the event of damage or � destruction due to casualty, Homeowner shall be obligated to proceed with all due diligence and � commence reconstruction within two (2) months after the damage occurs and complete reconstruction within six (6) months after damage occurs unless prevented by causes beyond the � reasonable control of Homeowner. � Section 6. Nuisance. Homeowner, its successors and assigns, shall not permit or � suffer anything to be done or kept upon the Property which will increase the rate of insurance on � the Property, or on the contents thereof, or impair the structural integrity thereof or which will � obstruct or interfere with the rights of another property owner, or annoy them by unreasonable � noise or othervvise, nor shall the Homeowner commit or permit any nuisance on the Property or � fail to keep the Property free of rubbish, clippings and trash or commit or suffer any illegal act to � be committed thereon. : � � �FaNy—f�51;�3 j?� � �I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 11:'ricicy E � � � � . � i � � Section 7. The Homeowner, its successors and assigns, shall not permit the � parking, storing or keeping of any vehicle except wholly within the parking areas designated � thereof, nor shall it permit the parking, storing or keeping of any large commercial type vehicle � (dump truck, cement mixer truck, oil or gas truck, etc.). No inoperable vehicle shall be stored or kept anywhere on the Property in view. The Agency shall have the right to remove, at the vehicle � owner's expense, any vehicle parked, stored or kept in violation of the provisions of this Declaration. � � Section 8. To the extent reasonably possible, the Property shall be maintained by ! Homeowner free from infestation of termites, insects, vermin or rodents. � Section 9. The Agency shall be permitted to place a lien against the Property to � the extent necessary to secure payment of the costs of providing any necessary maintenance or � other work as provided in this Section and shall be entitled to pursue any other remedies as � provided under law or equity in order to ensure compliance with the terms of this Declaration. � � � ARTICLE III ; � � EOUITY SHARING � In the event the Property is sold prior to expiration of the Term, in addition to � i repayrnent of the Agency Loan as provided in this Declaration, the Agency shall be entitled to share in a portion of the appreciation of the Property (the "Equity Participation"). The Agency's � Equity Participation, if any, shall be calculated as a percentage of the difference between the � Property's future sales price and the After-Renovation Value of the Property as provided herein. � Prior to the Agency issuing a Notice to Proceed to commence construction on the Improvements, � the Agency shall obtain an appraisal of the Property by an appraiser acceptable to the Agency to ' establish the Property's "as-proposed" after-renovation value, which, for purposes of this � Declaration, shall be the fair market value that the Property is expected to have after completion � of the Improvements (the "After-Renovation Value"). The Agency shall pay for the cost of the � appraisal which shall then be added to the Homeowner's total Loan amount. The total amount of � the Agency Loan and other amounts forwarded by the Agency to Homeowner through the � Program, if any (collectively, the "Public Assistance"), shall then be divided by the After- � Renovation Value to determine the proportion of the Public Assistance relative to the After- � Renovation Value (the "Equity Sharing Formula"). If the Homeowner sells the Property prior to � expiration of the Term, the Agency shall be entitled to share in a portion of the Property's equity, calculated as the difference between the After-Renovation Value and future sales price, � multiplied by the Equity Sharing Formula. By way of example, if the After-Renovation Value of � the Property is $100,000 and the Public Assistance is in a total amount of $10,000.00, then the Equity Sharing Formula would be ten percent (10%), calculated as $10,000.00 divided by � $100,000.00. Therefore, if the Property eventually sold for $150,000, the Agency's Equity Participation would be in an amount equal to $5,000.00, the product of $150,000.00 (Sales Price) � -$100,000.00 (After-Renovation Value), multiplied by ten percent (10%) (Equity Sharing ; Formula). � � � � � f f € . � I IIIIII IIIIIII IIIII II IIIIII IIIIIII IIIII III IIIII IIII IIII 11 rf c ��4 �{�4 1,Fif7H � � , � 1 , . � , � � � 3 � 3 � � �¢ 3 - 1 i 9 ARTICLE IV a � TERM ' � � The "Term" of this Declaration shall be forty-five (45) years or until such time as � Homeowner repays the Loan in full and remits the Equity Participation to the Agency and any � other amounts due the Agency under this Declaration, whichever occurs first. � i ARTICLE V � � ENFORCEMENT � Section l. Remedies. Breach of the covenants contained in this Declaration may be enjoined, abated or remedied by appropriate legal proceeding in law or equity. � € Section 2. Rights of the Agencv. As a party to this Declaration, the Agency is � entitled to the following rights: � a. The Agency has the right, but not the obligation to enforce all of the provisions � of this Declaration. � � b. Any amendment to the Declaration shall require the written consent of the � Agency. � c. This Declaration does not in any way infringe on the right or duties of the � Agency to enforce any of the provisions of the Code including, but not limited to, the abatement of dangerous buildings � Section 3. Cumulative Remedies. The remedies herein provided for breach of the � covenants contained in this Declaration shall be deemed cumulative, and none of such remedies � shall be deemed exclusive. � 3 Section 4. Failure to Enforce. The failure to enforce any of the covenants � contained in this Declaration shall not constitute a waiver of the right to enforce the same � thereafter. E � � ARTICLE VI � � � GENERAL PROVISIONS ° � � Section 1. Severabilitv. Invalidation of any one of these covenants or restrictions � by judgment or court order shall in no way affect any other provisions which shall remain in all � force and effect ' � _ Section 2. Construction. The provisions of this Declaration shall be liberally � construed for the purpose of maintaining the Property. The article and section headings have g been inserted for convenience only, and shall not be considered or refened to in resolving ; questions of interpretation or construction. I � IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ii.�f�fas. �� _ �f i i � � ,. I . � Section 3. Amendments. This Declaration may be amended only by the written � agreement of Homeowner and the Agency. � Section 4. Notices. Any notice permitted or required to be delivered as provided � herein to Homeowner shall be in writmg and may be delivered either personally or by first-class or registered mail. If delivery is made by mail, it shall be deemed to have been delivered � seventy-two (72) hours after a copy of same has been deposited in the United States Mail, � postage prepaid, addressed to Homeowner at 31214 San Joaquin Drive , Cathedral City, CA, 92234 . Such address may be changed from time to time by notice in writing to the Agency, � which shall be made by certified mail to the Agency 68-700 Lalo Guerrero, Cathedral City, � California 92234, Attn: Executive Director, and shall be effective upon receipt. � � � � , � � � � � � � � � � � � � � i � � � � � � � � � � � � � � � � � � � � � � � i � ! I IIIIII IIIIIII IIIII II IIIIII IIIIIII II i i. FFfa.y, a � IIIIIIIIIIIIIIIIIII E: ��£ 11 � � � � � � � IN WITNESS WHEREOF, the Agency and Homeowner have caused this instrument to be duly authorized, this 15th day of October, 2009 , Dated: October 15, 2009 � , "HOMEOWNER" � � � BYF�- �c� � �� rRINTED NAME: t d�( (� L�. {(� � � BY: ��, �w.�. � N ME• ' � PRINTED A . C6�r�..c � d �. �.Y. 1-e�`�"`0. � Accepted by: � � CATHEDRAL CITY REDEVELOPMENT AGENCY � � b m BY: � ` R v lopment Director /CATH/0010-12/DOC/007-4.doc z � � � ° s � � � € e 9 z � � t G'. 1� i � III ��F�'�-��h49, c � - II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIII 11.'0,"_'.'cFaf�f tll FiNF g � I IIIIII II � ; � • � � � � a EXHIBIT "A" � PROPERTY LEGAL DECRIPTION � � � � � R Lot 462 of Palm Springs Counhy Club Estates Unit #2, as per map recorded in book 32 page 17 � and 18 of maps, in the office of County Recorder of Riverside County, California. , ! AKA: 31214 San Joaquin Drive, Cathedral City, California 92234 � � APN: 677-362-003 ; � � � k a � s � � � �{ 3 € € � � � � � � � � � i E E & 0 � 5 � 5 9 S � � �@ A � � � 9 4 4 � 4 F � d i �{ [ � Y f I �f�f�y-FlSFqg?c � f l I IIIIII IIIIIII IIIII II IIIIII IIIIIII IIIII III IIIII IIII IIII I1:�'0�:'��f II�r7FlH x F �$ ; _ ' . � .� . � CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT t State of California ) � � � � County of Riverside ) � R�f � On Q(.� ,�{� ,�� , before me, Arleen Lonq, Notarv Public Date Here Insert Name and Title of the Officer Personally appeared Pedro Lerma and Concepcion Lerma Name(s) of Signer(s) � � who proved to me on the basis of satisfactory evidence to be the � person(s) whose name(s).ie/are subscribed to the within instrument and acknowledged to me that �,/they executed the same in �,43er/their authorized capacity(ies), and that by -�sA�their �' signature(s) on the instrument the person(s), or the entity upon rt �� `qpT� behalf of which the person(s) acted, executed the inshument. �� tk�loiy l�Ok - C�a�is �M10� C�MIr I certify under PENALTY OF PERJiJRY under the laws of the � _ Co�. 4M State of California that the foregoing paragraph is true and correct. � ` WITNESS my hand and official seal. � � , � � � Signature � Place Notary Seal Above � :4 OPTIONAL _ � :i S f, � � �� IIIIIIII ��a9—Fa5F,4y?� IIIIII IIIII II IIIIII IIIIIII IIIII III IIIII IIII IIII 1 1. Fi� i FiR F� 1 . FiF�R � , , ; t = CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT f E State of California ) ` ) 3 County of Riverside ) On (V � r c��o� c�e159 , before me, Arleen Long, Notarv Public Date Here Insert Name and Title of the Officer Personally appeared Janet R. Davison Name(s) of Signer(s) a who proved to me on the basis of satisfactory evidence to be the person�) whose name(� isk�subscribed to the within instrument and acknowledged to me that �ielshe,�e}�- executed the same in - l�er/t� authorized capacity(ies�, and that by -�'her/� ��p� � �� signature(� on the instrument the person(�), or the entity upon 3 �y Ap� .�rp behalf of which the person(� acted, executed the instrument. Nr�iMdn C�o�lrlt � �'onM1. Ool�.� I certify under PENALTY OF PERJURY under the laws of the :_ � State of California that the foregoing paragraph is true and correct. WTTNESS my hand and official seal. � _ � 4 Si ature � � Place Notary Seal Above OPTIONAL � � � � � IIIII N�� F��F��,c � I �I I IIIIII IIIIIII IIIII II IIIIII IIIIIII IIIII III IIIIII II 11, E+2/1Rp�fEi 11 ufiF � , :� � .� , ., x � `�� LARRI �,� WARD Recorder P.O. Box 751 COUNTY OF RIVERSIDE Riverside, CA 92502-0751 " � � ASSESSOR-COTINTY CLERK-RECORDER �951)486-7000 �� • www.riversideacr.com NOTARY CLARITY Under the provisions of Government Code 27361.7, I certify under the penalty of perjury that the notary seal on the document to which this statement is attached reads as follows: Name of Notary: �... �"J�'� ��'l. � Commission #: � �p � .30 � � � Place of Execution: �2c 1/P�1'/� Date Commission Expires: � U:�, a-Q �� Date: (7 � � � �`�C� � - � � � � � Signature: � ��° �n � � Print Name: Y�a— � 9 � IIIIIIIIIIIIIIIIIIIIIIIIIIIIII 11 �F��°�� IIII IIIII III IIIIII III IIII 11 n{ 11 � � € ACR 186P-AS4RE0 (Rev. 09/2006) Available in Alternate Formats '4