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HomeMy WebLinkAboutDeed 1439 —■► { /y 3`? 1439 DOC # 2012 - 0061598 02/10/2012 08:00 AM Fees: $0.00 V./ Page Page 1 of 10 R e I lactd By Recorded in Official Records County of Riverside First American Tajo, C,omp1i r f Larry W. Ward RECORDING REQUESTED BY ) Assessor, County Clerk & Recorder AND WHEN RECORDED MAIL TO ) * *This document was electronically submitted Redevelopment Agency of the ) to the County of Riverside for recording ** City of Cathedral City ) Receipted by: YSEGURA 68 -700 Avenida Lalo Guerrero ) Cathedral City, CA 92234 ) Attn: Agency Secretary ) 3 `StS - ')--d L A, - 7 - 614 1 (Space Above for Recorder's Use) Exempt from recording fees pursuant to California Government Code section 27383 DECLARATION OF REDEVELOPMENT COVENANTS THIS DECLARATION OF REDEVELOPMENT COVENANTS (this "Declaration ") is made on this 27 day of January, 2012, by HABITAT FOR HUMANITY OF THE COACHELLA VALLEY, INC., a California non - profit public benefit corporation, (the "Declarant ") with respect to certain real 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 "). 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 October 16, 2007 and recorded as of January 9, 2009 as Instrument No 2009- 0010625 in the Official Records of the County of Riverside (the "DDA ") with respect to the Declarant's development of the Property; and WHEREAS, pursuant to the terms and conditions of the DDA, and in return for the Agency's conveyance of the Property to the Declarant, the Declarant has agreed to develop a detached single family residence of approximately fourteen hundred square feet, containing four (4) bedrooms and two (2) bathrooms on the Property (the "Residence "), which shall be reserved for the purchase and 1 occupation by "lower income households" as defined under Health and Safety Code Section 50079.5, and maintained as lower income affordable as provided under Health and Safety Code Section 50052.5, for a term of forty -five (45) years; and WHEREAS, the Declarant desires this Declaration to serve as the instrument to impose said covenants. NOW THEREFORE, the Declarant declares that the Property described herein above are 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 1 Recording Requested By First American T ti9, Cnmpall'l RECORDING REQUESTED BY ) AND WHEN RECORDED MAIL TO: ) Redevelopment Agency of the ) City of Cathedral City ) 68 -700 Avenida Lalo Guerrero ) Cathedral City, CA 92234 ) Attn: Agency Secretary ) 5 6 5tSS (Space Above for Recorder's Use) Exempt from recording fees pursuant to California Government Code section 27383 DECLARATION OF REDEVELOPMENT COVENANTS THIS DECLARATION OF REDEVELOPMENT COVENANTS (this "Declaration ") is made on this 27 day of January, 2012, by HABITAT FOR HUMANITY OF THE COACHELLA VALLEY, INC., a California non - profit public benefit corporation, (the "Declarant ") with respect to certain real 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 "). 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 October 16, 2007 and recorded as of January 9, 2009 as Instrument No. 2009- 0010625 in the Official Records of the County of Riverside (the "DDA ") with respect to the Declarant's development of the Property; and WHEREAS, pursuant to the terms and conditions of the DDA, and in return for the Agency's conveyance of the Property to the Declarant, the Declarant has agreed to develop a detached single family residence of approximately fourteen hundred square feet, containing four (4) bedrooms and two (2) bathrooms on the Property (the "Residence "), which shall be reserved for the purchase and occupation by "lower income households" as defined under Health and Safety Code Section 50079.5, and maintained as lower income affordable as provided under Health and Safety Code Section 50052.5, for a term of forty -five (45) years; and WHEREAS, the Declarant desires this Declaration to serve as the instrument to impose said covenants. NOW THEREFORE, the Declarant declares that the Property described herein above are 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 1 of the DDA and the California Community Redevelopment Law. 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 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 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 Property, subject to, and agrees to be bound by 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 California Community Redevelopment Law, 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) 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. 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 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. This covenant shall remain in effect without limitation as to time. (b) The Property shall be devoted to the uses specified in the Declaration of Affordability Covenants recorded concurrently 2 1 herewith and as described in paragraph (c) below, 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. (c) The Property shall be subject to the Declaration of Affordability Covenants recorded upon the Property, which shall remain in effect for a period of forty -five (45) years from the date of its recordation (the "Affordability Covenants "). (d) All 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. (e) 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 the foregoing, 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. 3. Maintenance of Property. During such time as the covenants set forth in paragraph (c) of Section 2 of this Declaration are in effect, the Property shall be occupied by lower income households as defined by Health & Safety Code Section 50079.5. 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 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 3 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. (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 thereof at any later time or times. (d) Declare a default under the DDA, entitling Agency to exercise any remedies as provided under the DDA. 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. 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. 8. Headings. The section headings are not part of this Declaration and will not affect the interpretation of any provisions hereof. 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. 4 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: To Declarant: Habitat for Humanity of the Coachella Valley, Inc. P.O. Box 11738 Palm Desert, CA 92255 Attention: Executive Director If to the Agency: Redevelopment Agency of the City of Cathedral City Civic Center 68 -700 Avenida Lalo Guerrero Cathedral City, CA 92234 Attention: Executive Director With a copy to: Green, de Bortnowsky and Quintanilla 23801 Calabasas Road, Suite 1015 Calabasas, CA 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 partyLs 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. (END OF THIS PAGE) 5 EXHIBIT "A" DESCRIPTION OF PROPERTY Legal Description of Property: LOT 14 MB 030/017 PALM VIEW ESTATES Street Address of Property: 32 -395 Canyon Vista Road Cathedral City, CA 92234 Assessor's Parcel Number: 680 - 273 -014 LEGAL DESCRIPTION Real property in the City of Cathedral City, County of Riverside, State of California, described as follows: LOT 14 OF PALM VIEW ESTATES, AS SHOWN BY MAP ON FILE IN BOOK 30 PAGES 17 AND 18 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. APN: 680 - 273 -014 -7 i IN WITNESS WHEREOF, the Declarant has executed this Declaration on the date first written above, "DECLARANT" HABITAT FOR HUMANITY OF THE COACHELLA VALLEY, INC., a California non - profit public benefit corporation AO Date: /f/, 01//9- By: 4 c. „. 72 7e/ 5 upc...,./cji...b By : ,d/ CATH /10- 17 /DOC /008.doc 08/17/11 700 hvt 6 Y • I CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of Califo is >> County of ( WA >> Ona10Q�' X la before m e . MC c. vi-k / k ,4' / f / L ' , gNte Va (� � / r / J ' In rHerre In me and T 0 th e Off e r , personally appeared .l c� t.C. V (� t R--1 ' j 1 Name(s) of Signer(s) who proved to me on the basis of satisf ctory 1 evidence to be the persor3,(�whose nameza'are subscribed to the tin instrument and acknowledged >> I ? to e that he/ /they executed the same in >> his / their authorized capacity ies`), and that by hi-06 /their signature on the instrument the ; person. or the entity upon behalf of which the ; .„,, E. MCCARTH person((acted, executed the instrument. >> , , m , ti Commission # 1934797 a $I'i,t� Notary Public - California i V z 4 ' Riverside County ' I certify under PENALTY OF PERJURY under the 3 _ _ _ _ _ My Comm. Expires May 2, 2014 laws of the State of California that the foregoing ) ? paragraph is true and correct. S WITNESS my hand and official seal. • fute,.../- ) , , , Signature: Place Notary Seal Above Signature of Notary Public >> 1 OPTIONAL ;j i ( Though the information below is not required by law, it may prove valuable to persons relying on the docume >> and could prevent fraudulent removal and reattachment of this form to another document. i Description of Attached Document >> I Title or Type of Document: 4 Document Date: Number of Pages: i Signer(s) Other Than Named Above: >j Capacity(ies) Claimed by Signer(s) 7 I t Signer's Name: Signer's Name: i ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): 1 ❑ Individual RIGHT THUMBPRINT ❑ Individual OF SIGNER RIGHT THUMBPRINT OF SIGNER ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Attorney in Fact 1 ❑ Trustee ❑ Trustee >j ❑ Guardian or Conservator ❑ Guardian or Conservator 1 ❑ Other: ❑ Other: I h� i Signer Is Representing: Signer Is Representing: 9 P 9� 9 i' >> 1J A 1 © 2010 National Notary Association • NationalNotary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907 3 3 # 1 i f I • R 1 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 ... .:.. )) State of California 1 County of t VC%t•J� tO- >j >> . ; Or t/0 3 ( � 2 012 before me, IV I C CU -�`�' � N ?` ✓ i °cth4 1 C >> 1 , ate Her Inse ame and Title of the Officer , > personally appeared � i3 ( Name(s) of Signer(s) 1 who proved to me on the basis of satisfactory 1 evidence to be the persons)' whose name i' re subscribed to 'thin instrument and acknowledged >> to me thate /they executed the same in >> AO er /their authorized c pacity(i , and that by yi 1 i her /their signature( on tI instrument the �� • person Xi or the entit upon behalf of which the >> HI personYacted, executed the instrument. >> t >> I certify under PENALTY OF PERJURY under the ti E. MCCARssion o THY ;' „ti ` Commi 1934797 a laws of the State of California that the foregoing i •.;�I z Notary Public - California paragraph is true and correct. y � N ' ; � Riverside County My Comm. Ex Tres Ma 2, 2015 � � WITNESS my hand and official seal. >> 2 ( Signature: > > Place Notary Seal Above Signature of Notary Public ? OPTIONAL ?.i 1 ( 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. j� ( Description of Attached Document > > Title or Type of Document: Document Date: Number of Pages: ?' >j Signer(s) Other Than Named Above: . Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: i ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): >> a ❑ Individual RIGHT THUMBPRINT ❑ Individual RIGHT THUMBPRINT �� 4 ( OF SIGNER OF SIGNER ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Partner — ❑ Limited ❑ General Top of thumb here �� ❑ Attorney in Fact ❑ Attorney in Fact � � ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator �� 1 ( ❑ Other: ❑ Other: >> ? A Signer Is Representing: Signer Is Representing: ? 2 ; y Gam. �. \,.\.,.`, �.S...�., �, �..\_..\_.._.'_,•�,•\_,_, �. _ \ \_. \_.+`.+�. \_. \_.�..\_. \.�.�.�.+�.s._. `. \. '.`. '._, S, \_, \_..._.. S--n� © 2010 National Notary Association • NationalNotary.org • 1- 800 -US NOTARY (1 -800- 876 -6827) Item #5907 i • I 4 1 i