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HomeMy WebLinkAbout1992-11-16 - Deed ABDELMUTI DEVELOPMENT COMPANY (3) PLEASE COMPLETE THIS INFORMATION A, * RECORDING REQUESTED BY: / .30 6d otov l 9.R!�S_ i i 017 4 7 14 R!i q� •f Hill i'W S i f f a_ aj f ontinental Lawyers Title Company �s �y .�;,%Z! ^]� AND WHEN RECORDED MAIL TO: � r.).._ il�_.i•r,i i�'aC0 Y9 {{99C//•/onnie Brockway, City Clerk Office of the City Clerk c =; -Z ,rk City of Huntington Beach - '"`. 2000 Main Street wv Huntington Beach, CA 92648 ��J $ THIS SPACE FOR RECORDER'S USE ONLY f a 1 1Y)y9-110 �7; OF Continental Lawyers Tale Company Subsidiary of Lau)yeirsTide InsuranceCorporation THIS PAGE ADDED TO PROVIDE ADEOUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) a tt/92 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO Connie Brockway, City Clerk Office of the City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 5434 . [Space above for recorder. ] This Agreement is recorded at the request and for the benefit of the Agency and is exempt from the payment of a recording fee pursuant to Government Code Section 6103 . REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH By• `� �" � Its: Dated: (� —/ _, 1992 l DECLARATION OF CONDITIONS. COVENANTS AND RESTRICTIONS THIS DECLARATION OF CONDITIONS, COVE WTS AND RESTRICTIONS is made this /411 day of 1992, 1992, by ABDELMUTI DEVELOPMENT COMPANY, a California general partnership, as declarant (the "Participant") , with reference to the following: A. The Participant is fee owner of record of that certain real property located in the City of Huntington Beach, County of Orange, State of California legally described in the attached Exhibit "A" (the "Property") , which is comprised of a portion of one (1) parcel ( "Parcel") . The Property comprises the Site which is the subject of an agreement, further described herein, for the development, operation and maintenance of the Property for commercial and/or residential uses . B. The Redevelopment Agency of the City of Huntington Beach ( "Agency" ) and the Participant have entered into an Owner Participation Agreement dated as of May 13 , 1991 concerning the development and use of the Property (the "OPA" ) which OPA is on Page 1 of 7 5434 file with the Agency as a public record and is incorporated herein by reference and which OPA provides for the execution and recordation of this document . C. Participant deems it desirable to impose a general plan for- the use and maintenance of the Property, and to adopt and establish covenants, conditions and restrictions upon the Property for the purpose of enforcing and protecting the value, desirability and attractiveness thereof . NOW, THEREFORE, the Participant hereby covenants, agrees and declares that all of the Property shall be held, sold, conveyed, hypothecated, encumbered, used, occupied and improved, subject to the following covenants, conditions, restrictions and easements which are hereby declared to be for the benefit of the whole Property. These covenants, conditions, restrictions and easements shall run with the Property and shall be binding on all parties having or acquiring any right, title or interest in the Property or any part thereof and shall inure. to the benefit of each owner thereof and their successors and assigns, and are imposed upon the Property and every part thereof as a servitude in favor of Parcel as the dominant tenement or tenements . NOW, THEREFORE, THE PARTICIPANT AGREES AND COVENANTS AS FOLLOWS: 1. Use Restrictions . a . The Property shall be devoted to the uses specified in the Redevelopment Plan and the OPA (in conformity with the Agency' s right to require a change of use for the second and third stories pursuant to Section 201 of the OPA and with the limitations of the Scope of Development attached thereto as Attachment No . 4) . b. The Participant shall maintain the improvements on the Site and shall keep the Property free from any accumulation of debris or waste materials . The Participant shall also maintain the required landscaping on the Site in a healthy condition. If, at any time, Participant fails to maintain said landscaping, and said condition is not corrected after expiration of thirty (30) days from the date of written notice from the Agency, either the Agency or the City may perform the necessary landscape maintenance and Participant shall pay such costs as are reasonably incurred for such maintenance. Issuance of a Certificate of Completion or a Partial Certificate of Completion by the Agency shall not affect Participant ' s obligations under this section. Page 2 of 7 2 . Non-Discrimination. 5434 The Participant covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, age, handicap, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, nor shall the Participant 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, sublessees or vendees of the Property. The foregoing covenants shall run with the land. The Participant shall refrain from restricting the rental, sale or lease of the Property or any portion of the Property on the basis of race, color, creed, religion, sex, marital status, handicap, national origin or ancestry of any person. All such deeds, leases or contracts shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses : 1. In deeds : "The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators 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, creed, religion, sex, marital status, age, handicap, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee 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 land herein conveyed . The foregoing covenants shall run with the land. " 2 . In leases : "The lessee herein covenants by and for himself or herself , his or her heirs , executors , administrators and assigns , and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions : "There shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, Page 3 of 7 5434 marital status, handicap, age, ancestry or national origin in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the premises herein leased nor shall the lessee 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, sublessees, subtenants or vendees in the premises herein leased. " 3 . In contracts : "There shall be no discrimination against or segregation of, any person, or group of persons on account of race, color, creed, religion, sex, marital status, age, handicap, ancestry or national origin, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the premises, nor shall the transferee 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 of the premises. " 3 . Citv' s Right of Review and Enforcement. The City of Huntington Beach ("City") and the Agency shall be made a party to this Declaration for the limited purpose as specified herein as follows: a . Changes or amendments to this Declaration must be submitted for City/Agency review and approval . b. In the event of inaction by Participant, the City and Agency are hereby granted expedient power to enforce all provisions of this Declaration including, but not limited to, the maintenance of the exterior areas of the Project, for which the City and/or Agency shall be reimbursed by Participant for all costs related thereto . C. The City and Agency are hereby granted the express power to enforce all laws and ordinances of the State of California and/or the City of Huntington Beach on the Property, including structures and private parking areas within the Property. Nothing within this Declaration, however , shall be construed as imposing an obligation or requiring the City or Agency to enforce any provision thereof . Page 4 of 7 5434 d. This Declaration shall not be amended to remove, or to result in the effective removal, of the restrictions on the Property set forth in Sections 1, 2 and 3 hereof . As to all other types of amendments, the City and the Agency shall be given prior written notice of any proposed amendment to this Declaration. Such notice shall be given by mailing a copy of the precise language of the proposed amendment to the City of Huntington Beach, c/o City Clerk, together with a letter of transmittal explaining the proposed change in general terms . The City and the Agency shall have an opportunity to review and comment upon the proposed amendment for a period of not less than forty-five (45) days prior to the effective date of any such proposed amendment . If the City or Agency fail to respond within forty-five (45) days, the proposed change(s) and amendment(s) shall be deemed disapproved, unless that time period is extended by mutual agreement of all parties. 5 . Miscellaneous Provisions . a. If any provision of this Declaration or portion thereof, or the application to any person or circumstances, shall to any extent be held invalid, inoperative or unenforceable, the remainder of this Declaration, or the application of such provision or portion thereof to any other persons or circumstances, shall not be affected thereby; it shall not be deemed that any such invalid provision affects the' consideration for this Declaration; and each provision of this Declaration shall be valid and enforceable to the fullest extent permitted by law. b. This Declaration shall be construed in accordance with the laws of the State of California. C. This Declaration shall be binding upon and inure to the benefit of the successors and assigns of the Participant . d. In the event action is instituted to enforce any of the provisions of this Declaration, the prevailing party in such action shall be entitled to recover from the other party thereto as part of the judgment , reasonable attorney' s fees and costs . 6 . The covenants and agreements established in this Declaration shall, without regard to technical classification and designation, be binding on each Owner and any successor in interest to the Property, or any part thereof, for the benefit of and in favor of the Agency, its successor and assigns, and the City of Huntington Beach, and shall remain in effect until January 1, 2017, and at that time shall terminate and be of no further force or effect, except for the covenants contained in No . 2 hereof regarding non-discrimination which shall continue in effect in perpetuity. Page 5 of 7 0 5434 IN WITNESS WHEREOF, Participant has executed this instrument the day and year first hereinabove written. Dated: - ABDE NT ANY —7� BDE eral Partner "PARTICIPANT" APPROVED AS TO FORM: CAgency Counsel / Page 6 of 7 5434 STATE OF CALIFORNIA ) ss . COUNTY OF d(af ) On 4-rhw � L before me, the undersigned, a Notary Public in and for said State, personally appeared AfA Mb0-ww--r,* personally known to me or proved to me on the basis of satisfactory evidence to be the pe sop who executed the within instrument as &4'v� of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. (SEAL) ••'.... C-FF = KAREN S. REIMER NOTARY PUBL"WIMMIA RIVERSIDE COUNTY My Commission Expires AUGUST 8.1995 Page 7 of 7 ' f y EXHIBIT "A„ 5434 LEGAL DESCRIPTION OF THE PROPERTY That certain real property located in the City of Huntington Beach, County of Orange, State of California, described as follows: Parcel 1 of Parcel Map No. 91-235, as shown on a map filed in Book Z 7,I', Pages 1-3 of Parcel Maps, records of Orange County, California. EXCEPTING THEREFROM the most Easterly Northeasterly ten (10) feet of said Parcel Map, the Northeasterly line of said ten (10) foot strip being the course shown as having a bearing and distance of North 49 degrees 29' 47" West, 117.47 feet on said Parcel Map. Said parcel of land contains 0.517 acres, more or less, in lieu of net acreage of 0.541' acres as shown on said Parcel Map. EXHIBETi "A"