HomeMy WebLinkAboutRecorded Doc 2009-017 ordin Requested By �0�`DI�
Rec DOC if 2009-0261197
First American Title Company 05/22/2009 08:00A Fee:NC
Riverside Resale Page 1 of 9
Recorded in Official Records
County of Riverside
RECORDING REQUESTED BY Larry W. lWerd
Q ) Assessor, County Clerk & Recorder
AND WHEN RECORDED MAIL TO: j l
II 1111
II III IH III
III I ll
IERedevelopment 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 I -
M A L 465 426 PCOR NCOR SMF(CH_ MI
IT: CTY UNI
Exempt from recording fees pursuant to California Government Code section 27383
DECLARATION OF REDEVELOPMENT COVENANTS T
044
THIS DECLARATION OF REDEVELOPMENT COVENANTS (this
"Declaration" ) is made on Mc 6 , 2009, by HABITAT
FOR HUMANITY OF THE COACHELLA VAtLEY, INC. , a California non-profit
public benefit corporation, ( "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 Redevelopment Agency of the City of
Cathedral City (the "Agency" ) previously transferred the Property
to Declarant for purposes of developing the Property; and
WHEREAS, in return for the Agency' s conveyance of the
Property to Declarant, Declarant has agreed to develop, one (1)
detached single-family residential unit consisting of at least one
thousand two hundred eighty square feet (1, 280 sf) and four (4)
(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
of 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
1
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
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
2
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
April 71 , 2002 , the effective date of the Declaration of
Affordability Covenants (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 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
3
(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 party3s 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
IN WITNESS WHEREOF, 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
Date : iVl t5 � By: 1 !/liV�-
1 iLipte
J. e
By GZ t2k
Valerie Van Winkle
6
EXHIBIT "A"
DESCRIPTION OF PROPERTY
Legal Description of Property:
The southern one-half of Lot 50, Ramon Palms NO. 1, as shown by map
on file in Book 21, Page 44 of Maps, Official Records of Riverside
County, California.
Street Address of Property:
32370 Pueblo Trail , Cathedral City, CA 92234
APN:
680-222-021
EXHIBIT "A"
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California )
County of Riverside )
On May 15, 2009 , before mg,udith Rogers, a notary public
Date Here Insert Name and Title of the Officer
Personally appeared Lance J. Barney and VAlerie VAn Winkle
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the
person(s)whose name(s)is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the
person(s)acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State
JUDITH ROGERS of California that the foregoing paragraph is true and correct.
4 Commission # 1753954
N Notary Public -California Z WITNESS my hand and official seal.
z 4.9.
Riverside County '-
My_Comm_ .Expires Jul 24.2011_
Signature
Place Notary Seal Above
OPTIONAL
This acknowledgement is attached to 'Declaration of Redevelopment Covenants'
dated May 15, 2009
CERTIFICATION
Pursuant to the provisions of Government Code 27361.1, I certify
under the penalty of perjury that the following is a true copy of
illegible wording found in the attached documents:
(Print or type the page number(s) and wording below):
tkA
DATE: S' Z2 -(
SIGNATURE:
o7 �c