HomeMy WebLinkAboutDeed 1378-A 1378-A i3 7c
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Recording Requested By DOC # 2010-0605197
CHICAGO TITLE COMPANY 12/16/2010 04 :14P Fee:NC
Page 1 of 12
RECORDING REQUESTED BY: ) Recorded in Official Records
County of Riverside
REDEVELOPMENT AGENCY OF Larry U. erk
) Assessor, County Clerk 8 Recorder
THE CITY OF CATHEDRAL CITY )
AND WHEN RECORDED RETURN TO: ) I
)
REDEVELOPMENT AGENCY OF )
THE CITY OF CATHEDRAL CITY )
68 -700 Avenida Leto Guerrero } S R U PAGE SIZE DA MMC LONG RFO COPY
Cathedral City, CA 9223.4 )
Attn: Agency Secretary )
APN: 673-250-015 )
M A L 465 426 POOR NCOR SMF CH
IT: CTY UNI t
Exempt from Recording Fees Per Government Code Section 27383
DECLARATION OF AFFORDABILITY COVENANTS
THIS DECLARATION OF AFFORDABILITY COVENANTS (this 002
"Declaration ") is made on Deaewlloe,r- 1 , 2010, by TERRACINA CATHEDRAL
CITY APARTMENTS, L.P., a Califomia limited partnership ( "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 ").
WHEREAS, Declarant is the fee simple owner of the Property; and
WHEREAS, Declarant and the Redevelopment Agency of the City of
Cathedral City (the "Agency") have entered into that certain Loan Agreement dated as of
December 1 , 2010 (the "Agreement ") with respect to a rental housing complex consisting
of approximately eighty (80) units located on the Property (the "Project "); and
WHEREAS, pursuant to the terms and conditions of the Agreement, and
in return for the Agency's financial assistance in connection with the Property, Declarant
has agreed that the approximately eighty (80) units shall be made available at affordable
rent to persons or families of low and very low income as those terms are hereinafter
defined, excepting one (1) one unit to be reserved as an on -site manager's unit which
shall not be so restricted, and to impose certain affordability covenants upon the
Property; and
WHEREAS, Declarant desires this Declaration to serve as the instrument
to impose said covenants.
NOW THEREFORE, 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
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Declaration. An 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 and the future lessees of the Property. Each grantee
of a conveyance or purchaser under a contract or agreement of sate 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, any
and all of the restrictions, covenants and limitations set forth in this Declaration.
1. Recitals. The recitals set forth above are true and correct and
incorporated herein by this reference.
2. Capitalized Terms. All capitalized terms not otherwise defined
herein shall have the same meaning ascribed to them in the Agreement, unless the
context clearly indicates a different meaning.
3. Affordability Covenants. Declarant hereby agrees that the following
Affordability Covenant shall be effective as of the date of recordation of this Declaration,
and shall remain in effect until the fifty -fifth (55 anniversary of said date (the ''Term").
Declarant covenants that each of the approximately eighty (80) units developed on the
Property, excepting one (1) unit to be reserved as an on -site manager's unit, shall be
available at affordable rent to persons or families with low or moderate income, as those
terms are defined by California Health and Safety Code Sections 50053 and 50093,
respectively (the "Affordability Covenants "). 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 approximately eighty (80) units as follows:
UNIT TYPE PERCENT MEDIAN NUMBER OF UNITS
ONE BEDROOM 80% 1
TWO BEDROOM 80% 20
120% 26
MANAGER'S UNIT 1
THREE BEDROOM 80% 10
120% 20
FOUR BEDROOM 80% 2
Management practices, tenant qualification, and background checks shall conform, as
closely as possible, to the principles of a "Crime -Free Multi- Family Housing Program ",
regardless of whether or not the Cathedral City Police Department has an active Crime -
Free Multi - Family Housing Program.
4. Maintenance of Property. During the Term, the Property shall at all
times be maintained to include a rental apartment community of approximately eighty ='
(80) units, all of which shall be made available at affordable rent to persons or families of
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low or moderate income as those terms are defined in California Health and Safety Code
Sections 50053 and 50093, respectively, excepting one (1) unit to be reserved as an on-
site manager's unit and shall not be so restricted, all as provided in Section 4, above.
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. Declarant shall not permit public or private nuisance to be maintained on
the Property.
Declarant shall ensure that the Property is maintained in accordance
with the following:
(a) Interior and exterior paint shall be maintained in a neat and
attractive condition;
(b) All fixtures and appurtenances shall be maintained in good
working order, including, but not limited to, the following: windows and doors,
landscaping, kitchen appliances, electrical, plumbing and heating equipment;
(c) Exterior areas shall be maintained to keep grounds free of
litter, trash and paper. Parking areas shall be maintained in good repair and free from
dirt and litter. Common areas such as hallways and laundry rooms will be swept and
cleaned as frequently as necessary and kept free of trash and other debris. Garbage
removal will be effected through arrangements with a contractor. The trash areas will be
swept and scrubbed with disinfectant as necessary. Extermination services will be
contracted with to provide a high level of sanitation and cleanliness; and
(d) Landscape areas shall be maintained in an attractive and
healthy condition.
5. Compliance. In order to ensure compliance with this Declaration,
each of the following shall occur:
(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.
(b) Declarant and his successors shall obtain a copy of each
lessee's federal income tax return for the taxable year immediately preceding such
lessee's initial occupancy in the 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, Declarant and its successors shall provide to the
Agency copies of said executed Income Verification and Information Forms with respect
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to each lessee along with a summary for the applicable year signed by Declarant or its
successor, certifying compliance with the provisions of this Declaration under penalty of
perjury.
(d) To certify the compliance of 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.
6. Nondiscrimination and Nonsegreaation Requirements.
(a) Obligation to Refrain from Discrimination. 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 Govemment 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 Govemment 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 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 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.
(b) Form of Nondiscrimination and Nonsegreaation Clauses.
Declarant agrees that the covenants set forth in this subsection (c) shall bind Declarant,
for itself and its successors and assigns, and all subsequent holders of any interest in
the Property. The covenants set forth in this subsection (c) shall be covenants running
with the land and shall consist of the following:
i. In deeds: "The grantee herein covenants by and for
itself, its successors and assigns, and all persons claiming under or through them, that
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
Govemment 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
Govemment Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or
enjoyment of the premises herein conveyed, nor shall the grantee or any person claiming
under or through the grantee, establish or permit any such practice or practices of
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discrimination or segregation with reference to the selection, location, number, use or
occupancy of tenants, lessees, subtenants, sublessee, or vendees in the premises
herein conveyed. The foregoing covenants shall run with the land." 3
3
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"Notwithstanding the immediately preceding paragraph, with
respect to familial status, the immediately preceding paragraph shall not be construed to 1
apply to housing for older persons, as defined in Section 12955.9 of the Govemment
Code. With respect to familial status, nothing in the immediately preceding paragraph fl
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 I
Govemment Code shall apply to the immediately preceding paragraph."
ii. In leases: "The Lessee herein covenants by and for I
itself, its successors and assigns, and all persons claiming under or through them, and
this lease is made and accepted upon and subject to the following conditions:
"That there shall be no discrimination against or segregation F
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 Govemment Code in the sale, lease, sublease, transfer, use,
occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee
I
or any person claiming under or through the grantee, establish or permit any such
practice or practices of discrimination or segregation with reference to the selection, 1
location, number, use or occupancy of tenants, lessees, subtenants, sublessee, or
vendees in the premises herein conveyed. The foregoing covenants shall run with the
land."
1
"Notwithstanding the immediately precedin paragraph, with 4
respect to familial status, the immediately preceding paragraph o P r o
p ly precedin shall not be construed to 1
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 t
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." I
i
iii. In contracts: "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 I
defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p)
of Section 12955, and Section 12955.2 of the Govemment Code in the sale, lease, E
sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein
conveyed, nor shall the grantee or any person claiming under or through the grantee,
establish or permit any such practice or practices of discrimination or segregation with
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reference to the selection, location, number, use or occupancy of tenants, lessees,
subtenants, sublessee, or vendees in the premises herein conveyed. The foregoing
covenants shall run with the land."
°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), (0) and (p) of Section 12955 of the
Government Code shall apply to the immediately preceding paragraph."
(c) Effect and Duration of Nondiscrimination and Nonseoreaation
Requirements. The foregoing provisions shall remain in effect in perpetuity and shall be
binding upon and shall obligate the contracting party or parties and any subcontracting
party or parties, or other transferees under the instrument.
7. 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 reasonable 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 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.
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.
8. Attorneys' Fees. In any legal proceeding to enforce the terms of or
restrain a violation of this Declaration, the prevailing party or parties shall be entitled to
reasonable attorneys' fees in the amount fixed by the court in the proceeding.
9. 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.
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10. 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.
11. Headings. The section headings are not part of this Declaration and
will not affect the interpretation of any provisions hereof.
12. 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.
13. 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: Terracina Cathedral City Apartments, L.P.
a California limited partnership
2440 Professional Drive
Roseville, California 95661
Attention: Edward Herzog
With a copy to: Bocarsly Emden Cowan Esmait & Amdt LLP
633 W. 5th Street, 70th Floor
Los Angeles, California 90071
Attention: Kyle Amdt, Esq.
WNC Housing, L.P.
17782 Sky Park Circle
Irvine, California 92614
Attention: Michael J. Gaber
If to the Agency: Redevelopment Agency of City of Cathedral City
68 -700 Lalo Guerrero
Cathedral City, California 92234
Attention: Executive Director
With a copy to Green, de Bortnowsky and Quintanilia
23801 Calabasas Road, Suite 1015
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for• r.r99v r.,,.�mnt•
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.
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zrr107. 7.T9g.Y rnmms.nf
IN WITNESS WHEREOF, Declarant has executed this Declaration on the
date first written above,
"DECLARANT'
TERRACINA CATHEDRAL CITY APARTMENTS, L.P.
a California limited partnership
By: USA Terracina Cathedral City, Inc.,
a California corporation,
its Administrative Ge eral ner
By: �r��In,►
Its: r, • l • F •• An C. t-Ou. l
By Riverside Charitable Corporation,
a Califomia nonprofit public benefit
corporation, its Managing General
Partner
By: Si
Its: � r4.5 ,���• _
•
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CCATH1001 D1DOC12021 -3 AFFORDABILITY COVENANTS.doc
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7rder: LIZZY Comment:
EXHIBIT "A"
. PROPERTY LEGAL DESCRIPTION
PARCEL I:
A PORTION OF LOT 7 OF PLUMLEY AND SON SUBDIVISION, IN THE COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BQQK 10. PAGE 94 OF
•
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING IN SECTION
27, TOWNSHIP 4 SOUTH, RANGE 5 EAST, SAN BERNARDINO MERIDIAN, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
•
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 7, SAID NORTHWEST CORNER
BEING THE INTERSECTION OF THE WESTERLY LINE OF SAID LOT 7 AND THE CENTER
LINE OF CONVERSE ROAD, SHOWN AS A 40 FOOT UNNAMED ROAD ON M. B. 10/94;
THENCE NORTH 89° 48' 43" EAST, ALONG SAID CENTER LINE, A DISTANCE OF 66.00 FEET
TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID CENTER LINE,
NORTH 89° 48' 43" EAST, A DISTANCE OF 263.97 FEET TO THE NORTHEAST CORNER OF THE
WESTERLY HALF OF SAID LOT; THENCE SOUTH 0°21' 37" WEST, A DISTANCE OF 659.87
FEET TO THE SOUTHEAST CORNER OF SAID WESTERLY HALF OF LOT 7; THENCE SOUTH
89° 48' 21" WEST ALONG THE SOUTHERLY' LINE OF SAID LOT 7, A DISTANCE OF 264.00
FEET TO A POINT, SAID POINT BEING 66.00 FEET EASTERLY OF THE SOUTHWEST CORNER
OF SAID LOT 7, AS MEASURED ALONG SAID SOUTHERLY LINE; THENCE NORTH 0° 21' 46"
EAST, PARALLEL WITH THE WESTERLY LINE OF SAID LOT 7, A DISTANCE OF 659.90 FEET
TO THE TRUE POINT OF BEGINNING.
PARCEL 2:
AN EASEMENT FOR LANDSCAPING AND RECREATIONAL USE, OVER AND ACROSS THAT
PORTION OF LAND DESCRIBED AS FOLLOWS:
AN EASEMENT OVER AND ACROSS THAT PORTION OF LOT I AS SHOWN BY TRACT MAP
NO. 10650 ON FILE IN IIGQK 110 OF MAPS. PAGES 76 THROUGH 77 INCLUSIVE, RIVERSIDE
COUNTY RECORDS, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST PORTION OF SAID LOT I; THENCE NORTH 89° 48' 21"
EAST ALONG THE NORTHERLY LINE OF SAID LOT 1 DISTANT OF 66.00 FEET TO THE TRUE
POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY LINE NORTH 89°
48' 21" EAST A DISTANCE OF 155.00 FEET; THENCE SOUTH 00° 21' 46" WEST A DISTANCE OF
7.00 FEET; THENCE SOUTH 89° 26' 11" WEST A DISTANCE OF 155.01 FEET; THENCE NORTH
00° 21' 46" EAST A DISTANCE OF 8.00 FEET TO THE POINT OF BEGINNING.
)ascription: Riverside,CA Document- Year.Doc =D 2010.605197 Page: 10 of 12
)rder: LIZZY Cent:
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CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
1
State of Califomia )
County of Or&Lt , )
on&gunby 3ttamo . before me M.C![Y L , fit.[ flak ry �lbli�,
Personally appeared � -ae[ r C.. \�f Duan n Namaland rye d Igo Officer
Ns) or Sipnsr(s)
1
who proved to me on the basis of satisfactory evidence to be
the personIN whose nameat) is/ subscribed to the within
instrument and acknowledged me that
executed the same in hisltW/tt ejP-authorized capa�� 1
and that by him signature(4k on the instrument the
person(`q�, or the entity upon behalf of which the person
acted, executed the instrument.
I
1 certify under PENALTY OF PERJURY under the laws of 1
the State of California that the foregoing paragraph is true
NCOMA RAY SHAFER and correct. I
1815207
" t WITNESS my hand and official seal.
Oa 4Qt
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Signature r .'1 /' — . / A. // ..e
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CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
:_v-(v^_.>L'.,, c uCh = ;,, _ „, <:.f.- ,,,., ,,,..1.0 .,,,,,.;,,,,, ,, ,�,,_ .r .SS, ,, ., ,,, , >L',,'i^:, C,•1 ,,,,.�,,,.. o>,,, ,,,i ,, ,,, ,w, I
State of California
County of Ora, rose..... 1 t
OnNexttothu avoz before me, T'BeP..tt)CiLl. Kay f X O � nf b lie__
, Ku* naert Nail* personally appeared _1 i?1e_�h a Ob ” " S
Name(*) a a) s •
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who proved to me on the basis of satisfactory evidence to
be the person(+$. whose name(40 is/atgsubscribed to the
within instrument and acknowledged to me that
he/s/the'executed the same in histtf authorized
capacity(ilpQ, and that by his/IC/ttl,fsignature(!on the I
instrument the person(X or the entity upon behalf of i
which the person(acted, executed the instrument.
M KR/ SHAFER I certify under PENALTY OF PERJURY under the laws
{ * 1815207 of the State of California that the foregoing paragraph is
` Wry Mlle • Wiwi' true and correct.
Od !Ott
WITNESS my hand and official seal.
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i�leCe Notary Seat Abram Signature �_ _' ZI. s • ra _ /.1:._:,_ ,.
q�n Notary waa/
OPTIONAL
Though the information below is not required by law, It may prove valuable to persons relying on the document 1
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document 1
i
Title or Type of Document: 1
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
(
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signet's Name:
❑ Individual 0 Individual
❑ Corporate Officer -- Title(s): ❑ Corporate Officer — Title(s):
❑ Partner - Limited 0 General r,icrrrr THUMBPRINT 0 Partner --❑ Limited 0 General rt,criT7r+ urr.aaa.rtT f
O Attorney In Fact 0FsGrrER 0 Attorney in Fact or s.cr,Era
O Trustee Top of thumb here 0 Trustee Top 01 thumb here e
❑ Guardian or Conservator 0 Guardian or Conservator
❑ Other: 0 Other:
Signer Is Representing: Signer is Representing:
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