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HomeMy WebLinkAboutDeed 1179-C DOC # 2007-0403065 06/20/2007 08:00A Fee:NC Page 1 of 9 Recorded in Official Records RECORDING REQUESTED BY: ) County of Riverside Larry W. Ward Assessor, County Clerk & Recorder REDEVELOPMENT AGENCY ) 111111 11111111111111111111 NEI 1111 II THE CITY OF CATHEDRAL CITY ) AND WHEN RECORDED RETURN TO: ) ) 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: Executive Director �--'� EXAM M A L 465 426 PCOR NCOR SMF N/ CHG� /1,2,4\ IT: CTY UNI -% DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS DREAM HOMES REVITALIZATION PROGRAM 03 030 Title of Document (Exempt from Recording Fees Per Government. Code Section 6103) Property Owner: Raul Cruz Nunez APN: 677-301-009 1 THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS (this "Declaration") is made by and between - Raul Cruz Nunez 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 Dream Homes Revitalization Program (the "Program") and has received certain assistance from the Agency by way of a non- interest bearing forgivable loan (the "Loan") to make repairs and/or improvements to that certain real property 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 required to comply with certain conditions including Property maintenance obligations, residency 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. Homeowner 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 race, color, religion, sex, marital status, sexual orientation, domestic partnership status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the Property, nor shall Homeowner himself or herself or any person claiming under or through him or her, 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, sublessees, or vendees in the Property. The covenants in this Section 1 shall run with the land in perpetuity. 2 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 earning less than eighty percent (80%) of the current annual median income for the Riverside County area, adjusted for family size appropriate t4,the unit (as those terms are defined under California Health and Safety Code Section 50093). Occupancy of each residential unit shall be restricted to not more than three (3) persons for each one-bedroom dwelling unit, not more than five (5) persons for each two-bedroom dwelling unit, not more than seven (7) persons for each three-bedroom dwelling unit and not more than nine (9) persons for any four-bedroom unit where such occupancy is consistent with State or City standards as effective or as may be effective or amended. 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 City of Cathedral City ("City") municipal code rules and regulations (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 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 (I) week after notice to Homeowner from Agency or City,whichever is less. Section 4. Landsca in All landscaping surrounding the Property shall be maintained in a manner consistent wi 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 (f) inoperative irrigation system(s). Section 5. Damage and Destruction Affecting Property-Duty 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. 3 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 otherwise, 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. 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 EQUITY SHARING In the event the Property is sold prior to expiration of the Term, in addition to repayment 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 as a percentage of the difference between the future sales price and After-Renovation Value of the Property as provided herein. Following completion of the Property repairs and improvements, the Agency shall, within thirty (30) days, obtain an appraisal of the Property by an appraiser approved by the Agency to determine the Property's after-renovation value (the "After-Renovation Value"). The total amount of the Public Assistance shall be the total amount of public funds provided to the Homeowner from all public sources including, but no limited to, County CDBG funds, State HELP funds, local Housing Set Aside funds and, local Housing Bond proceeds then be divided by the After-Renovation Value to determine the proportion of the Loan relative to the After-Renovation Value (the "Equity Sharing Formula"). If and when 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. The Equity Sharing Formula shall be a percentage based on the ratio of Public Assistance from all sources to the appraised After-Renovation Value of the Property. By 4 way of example, if the After-Renovation Value of the Property is $100,000 and the Public Assistance was in an 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). ARTICLE IV 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. ARTICLE V 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. Rights of the Agency. 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. 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. 5 . i t ARTICLE VI GENERAL PROVISIONS Section 1. Severability. 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 30346 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 Avenida Lalo Guerrero, Cathedral City, California 92234, Attn: Executive Director, and shall be effective upon receipt. [This Space Intentionally Left Blank] 6 IN WITNESS WHEREOF, the Agency and Homeowner have caused this instrument//t``o be dul authorized,this 11 day of October ,2006_ Dated: (U 1[l G C "HOMEOWNER" BY: )2C3.%- I 0L)4c Z (v J Z PRINTED NAME: Raul Cruz Nunez BY: PRINTED NAME: CATHF6pRAL CITY REDEVELOPMENT AGENCY BY: l �C Executive Director U ; , �taes;,;., APPROVED AS TO FORM: ATTESTED BY: , , ''` r1. C ! r; S; ,1.? - )' i;i7.-",..„." 7 '. • .. '- Agency Counse Agency Secretary r--{ }.� Dated: (7 Y ' ; / P:\APPS\WPDATA\CATH\0010-12\DOC\3-DREAM HOMES CC&RS.doc 7 • EXHIBIT"A" PROPERTY LEGAL DESCRIPTION Lot 504 of Palm Springs Country Club Estates No. 3 , as per map recorded in book 34 pages 73 and 74 of maps, in the office of County Recorder of Riverside County, State of California. AKA: 30346 San Joaquin Drive , Cathedral City, California 92234 APN: 677-301-009 8 • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ) )ss. County of Riverside ) On October 11, 2006, before me, Sara Briahtbill, Notary Public Date Name and Title of Officer(e.g., "Jane Doe, Notary Public") personally appeared Raul Cruz Nunez Name(s)of Signer(s) ® proved to me on the basis of satisfactory evidence to be the person, whose name, is subscribed to the within instrument and SARA BRIGHTBILL acknowledged to me that he executed the same in his authorized Commission#1464573 capacity, and that by his signature, on the instrument the person, sr��'` Notary Public-California Z ^^�+� Riverside County or the entity upon behalf of which the person, acted, executed ' My Comm.Expires Jan 20,2008 the instrument. WITNESS my hand and official seal. r N. Place Notary Seal Above ' Signature o,'ary 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: Declaration of Covenants, Conditions and Restrictions Document Date: October 11, 2006 , Number of Pages: Nine Signer(s)Other Than Named Above: Donald E. Bradley Capacity(ies)Claimed by Signer Signer's Name: Same Right Thumbprint of Signer ❑ Individual ❑ Corporate Officer-Title(s): Title ❑ Partner- ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 9