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Home My WebLink AboutRecorded Doc 2009-043 S � 1325 ' J � � £ .. r '� ` RECORDING REQUESTED BY: ) � D4C # 2009-0552818 REDEVELOPMENT AGENCY OF ) 10/27/2009 08: 00A Fee : NC THE CITY OF CATHEDRAL CITY Page 1 of 9 � Recorded in Official Records � County of Riverside AND WHEN RECORDED RETURN TO: �arry w. ward � Assessor, County Clerk & Reeorder � � �� ! �� i � `; REDEVELOPMENT AGENCY OF ) � I��I� I�lil�I I�11I �II III,� �II�I. �,��) !II II�II ��I IIII � THE CTTY OF CATHEDRAL CTTY ) 68-700 Avenida Lalo Guerrero ) Cathedral City, CA 92234 � S R U PAGE SIZE DA MISC LONG RFD COPY Attn: Agency Secretary ) � C APN:677-382-011-7 � M A L 465 426 PCOR NCOR S NCHG ExAM 513 �r �.. k' '\ .-, C T: CTY UNI � t ��.�. ; DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS COMMUNITYHOME IMPROVEMENT PROGRAM (CHIP) � Title of Document (Exempt from Recording Fees Per Government. Code Section 27383) Property Owner: Faustino Garcia Jr. and Eva Marie Garcia APN: 677-382-011-7 � � � 1 � � , i THIS DECLARATION OF COVENANTS, CONDITIONS, AND � RESTRICTIONS (this "Declaration") is made by and between Faustino Garcia Jr. and Eva � Marie Garcia, husband and wife, as joint tenants as (the "Homeowner") 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 Community Home Improvement Program (the "Program"). Pursuant to the Program and the Agency's authority � under Sections 33334.2 and 33334.3 of the Health and Safety Code, Homeowner has received � certain assistance from the Agency by way of a loan (the "Loan") to make repairs and/or improvements to that certain real property located within the City of Cathedral City (the "City") I as legally described in Exhibit "A" attached hereto and incorporated herein by this reference (the � "Property"). The Loan is evidenced in a promissory note (the "Promissory Note") secured by a � deed of trust (the "Deed of Trust") recorded against the Property. _ � B. Under the terms of the Program, Homeowner is required to comply with certain conditions including Property maintenance obligations and residency restrictions (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 claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, 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. 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. � 2 € � IIIIIIIIII I 1 �� ' GAFa;aFA55c$1?, IIII IIIII IIII IIIII IIIIII IIIII III IIIII IIII IIII ,^ JF�9 h7g . �lFiH c n{ :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 households of lower income, as that term is defined in California Health and Safety Code section 50079.5 and any applicable regulations promulgated by the California Department of Housing and Community Development and published in the California Code of Regulations, earning less than eighty percent (80%) of the current annual median income for the Riverside County area, adjusted for family size appropriate to the unit. The covenants in this Section 2 shall run with the land during the Term of this Declaration. � � 1 ARTICLE II � � DUTIES OF HOMEOWNER � Section 1. Inspection. Homeowner shall permit the periodic inspection of the Property upon reasonable nohce 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 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, and in a clean, safe and presentable manner, 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. 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 Desh Affecting 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 sh integrity thereof or which will � obstruct or mterfere with the rights of another property owner, or annoy them by unreasonable � noise or othervvise, nor shall the Homeowner commrt or permit any nuisance on the Property or � fail to keep the Property free of rubbish, clippings and trash or commrt or suffer any illegal act to � 3 � �FaFdq—F�55cr 1 �� I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�I lfi.'c�.'�fi�� f�2'F�OH � � � � , a � � be committed thereon. � 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 � TERM � � f ` The term (the "Term") of this Declaration shall be forty-five (45) years from the date of execution, expiring on September 10, 2054 or until such time as Homeowner repays the Loan in full any other amounts due the Agency under this Declaration, the Promissory Note and/or the Deed of Trust, whichever occurs first. ARTICLE IV ENFORCEMENT � Section 1. 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. Ri ts of the A enc . As a art to this Declaration, the A enc is � g X P Y g Y 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 a 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. 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. � � 4 � ' III �EaFaG—f55��1$ " � III iFi;,.c?!c�flyg_�:HRN I IIIIIII IIIII IIII IIIII IIIIII IIIII III IIIII IIII IIII 4 rr� 9 � � . . , � ARTICLE V 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 been inserted for convenience only, and shall not be considered or refened to in resolving , questions of interpretation or construction. 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 writing 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 67150 Mission 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 Avenida Lalo Guerrero, Cathedral City, California 92234, Attn: Executive Director, and shall be effective upon receipt. � [This Space Intentionally Left Blank] f � � � � � 5 � � Illlilllllllllllllllllllllllllllllllllll 1 � G�AS �5�2�1e�,H II IIIII IIII IIII , �f .� � � .. IN WITNESS WHEREOF, the Agency and Homeowner have caused this instrument to be duly authorized, this l Oth day of September, 2009._ '� Dated: September 10, 2009 "HOMEOWNER" $ BY: � � PRINTED NAME: s.` h a � �i �k. � , � . BY: v.o� C1�-�-- l�—�. ` PRINTED NAME: � � G� � �� .� CTR �C� � � � ACCEPTED BY: � CATHEDRAL CITY REDEVELOPMENT AGENCY � ` GE�9��G?lU"�, evelopment Director CATH/0010/DOC/2009-2.doc 6 I I IIIIII IIIIIII IIIII IIII IIIII IIIIII IIIII III IIIII IIII IIII 1Fl; c�f�� E�S� E+•'r_,10NFI i , � . � ' � � � EXHIBIT "A" � PROPERTY LEGAL DESCRIPTION I Lot 353 Palm Springs Country Club Estates Unit No. 2, as shown by map on file in book 32 pages 17 and 18 of maps, in the office of County Recorder of Riverside County, State of � California. ; ' � AKA: 67150 Mission Drive, Cathedral City, California 92234 j � APN: 677-382-011-7 � _ � � � � � � � � � � � � � � � � I IIIIII IIIIIII IIIII (III IIIII IIIIII IIIII III IIIII IIII IIII 1F�; H� �� 1 �oFi � � '# . . . � � CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ! State of California ) ) � County of Riverside ) I On �1�� /�:�O9 , before me, Arleen Lonq, Notarv Public � Date Here Insert Name and Title of the Officer Personally appeared Faustino Garcia Jr.and Eva Marie Garcia � Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) �/are subscribed to the within instrument � and acknowledged to me that -�iefsl�lthey executed the same in ° -��er/their authorized capacity(ies), and that by ��their � signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instYUment. CannUUon #►1 M�Off Noqy h�tMc - Cel�e� I certify under PENALTY OF PERJt1RY under the laws of the �� Co��MD State of California that the foregoing paragraph is true and conect. �AIICoan�. Oot�, WITNESS my hand and official seal. � � Signature � � Place Notary Seal Above � � OPTIONAL � � � � � � � � � � � � € c-r � 1 � III III IIIII II1I IIII 1r,,�FdA� �A� � yc'1�nF I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I �` � , . � . . . • � � � s CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT � � £§ F � State of California �' � County of � � � � �-� � o � � � Bess E. McGladrey, Notary Public � On �� ' Z W� Zo� f before me, , � Date Here Insert Name and Title of the Officer - 1 k personally appeared ��-h �7 � • �� 5 � � Name(s) of Signer(s) � �. ' `B: � who proved to me on the basis of satisfactory evidence to be the person�s) whose name�$) is/are. subscribed to the within instrument and acknowledged to me that f�e/she/tk�ey executed the same in M+s/her/�eir authorized � E. MCGIADREY � capacity(i�), and that by f�is/her/tfae+r signatureJ,$) on the � Co�NNM s 1503910 = instrument the person(,sJ, or the entity upon behalf of � � �� which the person.Fs) acted, executed the instrument. � Jw� 2012 I certify under PENALTY OF PERJURY under the laws � of the State of California that the foregoing paragraph is � true and correct. � � � WITNESS and and official seaL �' �, � ``�� Signature � Place Notary Seal Above Signature of Notary Public OPTIONAL � Though the information below is not required by law, it may prove valuable to persons relying on the document � and could prevent fraudulent removal and reattachment of this form to another document � Description of Attached Document � Title or Type of Document: �-Q � � � ��`� �� ` � V �.v� �z �L�S. C� +'�' ��'�S � ��S r �i � �7a7'� 1 � � Document Date: �' �U �� Number of Pages: � Signer(s) Other Than Named Above: �' � � Capacity(ies) Claimed by Signer(s) � � Signer's Name: Signer's Name: � ❑ Individual ❑ Individual ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact .• �' ❑ Attorney in Fact • �'. ❑ Trustee Top of thumb here � Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: �' � Signer Is Representing: Signer Is Representing: �. i � � � �2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 � � cc•�r � �� I IIIIII IIIIIII IIIII IIII IIIII IIIIII IIIII III IIIII IIII IIII 1Fi,�f�f�'� F�� I �� iFfiR � �