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HomeMy WebLinkAboutBonanni Development, Inc. - 2006-11-20Council/Agency Meeting Held: red/Continued to: E.i �t 7Aprroved ❑ ,Conditionally Approved ❑ Denied S5� 4. City Clerks S atu Council Meeting Date: November 20, 2006 Department ID Number: PL06-23 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: PENELOPE CBRETH-GRAFT, ity Administrator PREPARED BY SCOTT HESS, Acting Director of Plannin SUBJECT: APPROVE AFFORDABLE HOUSING AGREEMENT (BONANNI DEVELOPMENT, INC.) Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue Transmitted for your consideration is a request by Bonanni Development to approve an affordable housing agreement for a 13 townhome unit project located at 16811 Roosevelt Lane (Tract 16682). The agreement will restrict two off -site rental units to very -low and low-income householdsfor a period of 60 years. Staff recommends that the City Council review and approve the affordable housing agreement as submitted. Funding Source: Not applicable. liecommended Action: Motion to: "Approve the Agreement Containing Covenants Affecting Real Property By and Between the 'City of Huntington Beach and Bonanni Development, Inc., Keith A. Dawson and Kerie Dawson, David A. Macleod and Nancy J. Macleod, trustees of the Macleod Trust 2004 and authorize the Mayor and City Clerk to sign and execute (Attachment No. 1)." Alternative Action(s): The City Council may make the following alternative motion(s): "Continue the Agreement Containing Covenants Affecting Real Property By and Between the City of Huntington Beach and Bonanni Development, Inc, Keith A. Dawson and Kerie `Dawson, David A. Macleod and Nancy J. Macleod, trustees of the Macleod Trust 2004 and direct staff accordingly." 15, REQUEST FOR CITY COUNCIL ACTION MEETING DATE: November 20, 2006 DEPARTMENT ID NUMBER: PL06-23 Analysis: A. PROJECT PROPOSAL: Applicant: Bonanni Development, Inc. 5622 Research Drive, Huntington Beach, CA 92649. Location: 16811 Roosevelt Lane (West side of Roosevelt Lane, north of Warner Ave., south of Pearce Drive).) The affordable housing agreement will restrict two off --site, two -bedroom units at very -low and low income levels for a period of 60 years. The Roosevelt Development project was approved by the Planning Commission on March 8, 2005. The Roosevelt Townhomes project consists of 13 units on a 41,054 square -foot parcel. The project provides for a mixture of two and three bedroom dwelling units, and unit sizes ranging between 1,609 sq. ft. and 2,142 square -feet. The project is designed as a townhouse -style development whereby each unit has well defined, ground -floor entries, as well as distinct massing elements and other design features which serve to define the individual units within each building. B. ANALYSIS: The affordable units will be off -site located at 7912 Newman Street in Huntington Beach within a four -unit building. The two affordable units would be restricted to very -low and -low- income households for a period of 60 years. One unit will be affordable to households earning no more than 50% of median income for Orange County or the equivalent of $36,500 in annual gross income, and one unit restricted at 80% of median income or the equivalent of $58,400 in annual gross income for a three -person household at low-income. The maximum rents of these units are expected to be approximately $881 (very -low income) and $1,058 (low income). The rents may be adjusted annually using the Orange County median income figures by the United States Department of Housing and Urban Development. The proposed agreement is consistent the city-wide affordable housing ordinance and standard affordable housing agreements prepared by the City Attorney's Office. Therefore, staff recommends the City Council approve the agreement. Environmental Status: This request is not subject to the California Environmental Quality Act pursuant to Section 15061 (b) (3). PL06-23 (Affordable Agr.Roosevelt) -2- 11/9/2006 3:10:00 PM , Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII NO FE E 200600081608108:13am 12/06106 RECORDING REQUESTED BY 212 50 D02 11 AND WHEN RECORDED MAIL TO: ) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 City of Huntington Beach- 2000 Main Street Huntington Beach, CA 92648 ) Attn: City Clerk ) ' (Space above for Recorder's use) This document is exempt from recording fees pursuant to Government Code Section 27383. L DECLARATION OF CONDITIONS, COVENANTS I AND RESTRICTIONS FOR PROPERTY (AFFORDABLE HOUSING RESTRICTIONS -RENTAL) This Declaration of Conditions, Covenants and Restrictions for Property (the "Declaration") is made as of November 2 0 , ,200 6 , by and between Bonanni Development, Inc., a California corporation as to an undivided 1/3 interest, and Keith A. Dawson and Kerie Dawson Husband and Wife as Joint Tenants as to an undivided 1/3 interest, and David A. Macleod and Nancy J. Macleod, trustees of The Macleod Trust 2004, as to an undivided 1/3 interest, all as Tenants in Common (collectively, the "Covenantor"), and THE CITY OF HUNTINGTON BEACH, a California municipal corporation (the "City") and the REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH,a public body corporate and politic (the "Agency"). Collectively, the City and Agency will be referred to as the "Covenantee." RECITALS A. Covenantor is the 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" and located at 7912 Newman Street, Huntington Beach, California consisting of a four -unit building ("Newman Parcel") . B. On June 20, 2005, theCityCouncil approved Conditional Use Permit No. 04-16 and on , the (City Council or City Engineer) approved Final Tract Map No. authorizing the development of real property located at 16811 Roosevelt Lane, Huntington Beach, California ("Project"). City imposed conditions of approval on the Project, requiring Covenantor to submit an Affordable Housing Agreement Plan for review and approval by the Planning Department. The City further required that the plan or declaration shall provide that two (2) units within the Project would be available for households earning less than 100% of the Orange County Median Income; or that one (1) unit located off -- site from the Project would be available to households earning less than 50%-percent of the Orange County Median Income and one (1) unit located off -site from the Project would be 06-247/5811 1 available to households earning less than 80% percent of the Orange County Median Income. The execution and recordation of this Declaration is intended to fully satisfy that condition in that Covenantor desires to provide the units off -site and on the Newman Parcel. NOW, THEREFORE, the parties hereto agree and covenant as follows: 1. Affordability Covenants. Covenantor agrees for itself and its successors and assigns, and every successor to Covenantor's interest in the Newman Parcel, or any part thereof, that during the Affordability Period as defined herein, the Newman Parcel shall be designated as affordable and shall be held subject to this Declaration for sixty (60) years from the date of Notice of Completion for the Project pursuant to Tract Number 16682 and Conditional Use Permit No. 04-16 as follows: (a) Qualified Households. Each Covenantor agrees to make available, restrict occupancy to, and to lease two (2) of the four (4) units located on the Newman Parcel for the' duration of the Affordability Period as defined herein. These two of the four units located on the Newman Parcel may sometimes be referred to as an "Affordable Unit" or, 'collectively, the "Affordable Units." One Affordable Unit shall be occupied by Very Low -Income Households, which shall mean persons or families earning less than fifty (50%) of the Orange County median income, adjusted for the actual number of persons in the Household that will reside in the Affordable Unit. The second Affordable Unit shall only be occupied by Low -Income Households, which shall mean persons or families earning less than eighty (80%) of the Orange County median income, adjusted for the actual number of persons in the Household that will reside in the Affordable Unit: As used in this Declaration, the term "Household" shall mean one or more persons, whether or not related, living together in an Affordable Unit that rent or lease any portion of the Affordable Unit, and are not a fee or equitable owner of any portion of the Affordable Unit. As used in this Declaration, the term "Covenantor" shall mean Covenantor; its successors and assigns, and every successor to Covenantor's interest in the Newman Parcel, or anypart thereof. (b) Duration. The term of this agreement shall commence on the date that the Notice of Completion for the Project is recorded with the Orange County Recorder's Office and will continue for sixty (60) years thereafter ("Affordability Period"). The covenant contained in this Section 1 shall run with the Newman Parcel and shall automatically terminate and be of no further force or effect upon the expiration of the Affordability Period. (c) Income Qualification. Prior to the lease of an Affordable Unit to any Household, Covenanator shall submit to the Covenantee a completed income computation and certification form, in such form as is generally used by City in administering its affordable housing program from time to time. Covenantor shall certify that, to the best of its knowledge, each Household is a Low- or Very Low- Income Household that meets the , eligibility requirements established for the particular Affordable Unit occupied by such Household. 06-247/2092 2 Covenantor shall obtain an income certification from each adult member of the Household and shall certify that, to the best of Covenantor's knowledge, the income of the Household is truthfully set forth in the income certification form. Covenantor shall verify the income certification of the Household in one or more of the following methods as specifically requested by Covenantee. (1) Obtain two (2) paycheck stubs from two (2) mostrecentpay periods for each adult member of the Household. (2) Obtain a copy of an income tax return certified to be true and complete for the most recent tax year in which a return was filed, for each adult member of the Household. (3) Obtain an income verification certification from the employer of each adult member of the Household. (4) Obtain an income verification certification from the Social Security Administration and/or the California Department of Social Services if the Household receives assistance from such agencies; (5) Obtain an alternate form of income verification reasonably requested by Covenantee, if none of the above forms of verification is available to Covenanter. If, after renting an Affordable Unit to an eligible Household, the Household's income increases above the income level permitted for that unit, the Household shall continue to be permitted to reside in such Affordable Unit, for no more than one year. (d) Determination of Affordable Rent for the Affordable Units. The rent for each Affordable Unit (the "Affordable Rent") shall be adjusted` annually by the following formula upon the publication of revised Orange County median income figures by the United States Department of Housing and Urban Development: (i) The Affordable Rent amount for the Very Low -Income unit shall not exceed thirty percent (30%) of 50 percent (50%) of the monthly area median income adjusted for the actual number of persons in the Household as determined by California Health and Safety Code Section 50053; (ii) The Affordable Rent amount for the Low -Income unit shall not exceed thirty percent (30%) of 60 percent (60%) of the monthly area median income adjusted for the actual number of persons in the Household as determined by California Health and Safety Code Section 50053. COVENANTOR UNDERSTANDS AND KNOWINGLY AGREES THAT THE MAXIMUM RENTAL PAYMENTS TO BE ESTABLISHED BY THIS FORMULA ARE NOT NECESSARILY EQUAL TO THE FAIR MARKET RENT FOR THE AFFORDABLE UNITS, AND MAY BE ESTABLISHED AT A LEVEL SUBSTANTIALLY BELOW THE FAIR MARKET RENT LEVELS. COVENANTOR HEREBY AGREES TO REST T THE AFFORDABLE UNITS ACCORDINGLY. COVENANTORS INITIALS 06-247/2092 3 (e) Annual Report. Within sixty (60) days after the end of each calendar year during the Affordability Period, Covenantor shall submit to Covenantee a report verifying Covenantor's compliance with the provisions of this Declaration ("Annual Report"). Covenantor's final Annual Report shall be submitted to Covenantee within sixty (60)-days after the end of the Affordability Period. Each Annual Report shall identify the location of the Affordable Units for the applicable reporting period, the identity of each Household member occupying an Affordable Unit during any portion of such period, the income and family size of each such Household, the Affordable Rent for each of the Affordable Units, and the rent actually charged pursuant to the lease or rental agreement. If Covenantee prescribes a particular form to be utilized by Covenantor in preparing the Annual Report, Covenantor shall utilize said form, provided that it complies substantially with the foregoing requirements. 2. Non -Discrimination Covenants. Covenantor 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, sexual orientation, creed, ancestry, national or ethnic origin, age, family or marital status, handicap or disability, in the sale, transfer, use, occupancy, tenure, or enjoyment of the Affordable Unit, nor shall Covenantor 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, subtenants, or vendees in the Affordable Unit. Covenantor and its successors and assigns shall refrain from restricting the sale of the Affordable Unit on the basis of race, color, religion, sex, sexual orientation, creed, ancestry, national or ethnic origin, age, family or marital status, handicap or disability, of any person. All such deeds, contracts or leases shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: (a) 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, religion," sex, sexual orientation, creed, ancestry, national or ethnic origin, age, family or marital status, handicap or disability, in the sale, 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, or vendees in the land herein conveyed. The foregoing covenants shall run with the land." (b) In contracts: "There shall be no discrimination against or segregation of, any person, or group of persons on account of race, color, religion, sex, sexual orientation, creed, - ancestry, national or ethnic origin, age, family or marital status, handicap or disability, in the sale, transfer, use, occupancy, tenure or enjoyment of the premises, nor shall the transferor 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, subtenants or vendee of the premises." 06-247/2092 4 (c) 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: "That there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, religion, sex, sexual orientation, creed, ancestry, national or ethnic origin, age, family or marital status, handicap or disability 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. Use Restrictions. During the Affordability Period, Covenantor shall be required to take all reasonable steps necessary to ensure that each Household renting an Affordable Unit has knowledge of all terms and conditions of this Declaration by including in each and every lease and rental agreement a clause which incorporates this Declaration by reference and makes this Declaration a part of an attachment to such lease or rental agreement. In addition, during the Affordability Period, each lease or rental agreement for any of the Affordable Units shall contain provisions that the Affordable Unit shall be occupied, used, and maintained as follows: (a) The Affordable Unit shall be used only for private dwelling purposes, with appurtenant facilities, and for no other purposes; (b) The maximum number of persons in a Household that may occupy any of the Affordable Units may not exceed five (5); (c) the Household shall not permit or suffer anything to be done or kept upon the premises which will increase the rate of insurance on any building, or on the contents thereof, and shall not impair the structural integrity thereof obstruct or interfere with the rights of other occupants, or annoy such occupants by reasonable noises or otherwise, nor shall any Household commit or permit any nuisance on the premises or fail to keep the premises free of rubbish, clippings, and trash or commit or suffer any illegal act to be committed thereon; (d) The Household shall not sublease any or all parts of the Affordable Unit without prior approval from Covenantee; (e) The Household shall comply with all of the lawful requirements of ,all governmental authorities with respect to the premises; 06-247/2092 5 (f) No person shall be permitted to occupy the premises for transient or hotel purposes; and (g) The Household shall comply in all respects with this Declaration and any failure by the Household to comply with the terms of this Declaration shall be a default under the Household's lease or rental agreement. 5. Covenants for Benefit of City and Agency. All covenants without regard to technical classification or designation shall be binding for the benefit of the Covenantee and such covenants shall run in favor of Covenantee for the entire period during which time such covenants shall be in force and effect, without regard to whether the Covenantee is or remains an owner of any land or interest therein to which such covenants relate. The Covenantee, in the event of any breach of any such covenants, shall have the right to exercise all the rights and remedies and to maintain any such action at law or suits in equity or other proper legal proceedings to enforce and to cure such breach to which it or any other beneficiaries of these , covenants may be entitled during the term specified for such covenants, except the covenants against discrimination which may be enforced at law or in equity at any time in perpetuity. 6. Binding on Successors and Assigns The covenants and agreements established in this Declaration shall, without regard to technical classification and designation, be binding on Covenantor and any successor to Covenantor's right, title, and interest in and to all or any portion of the Newman Parcel, for the benefit of and in favor of the City of Huntington Beach and the Redevelopment Agency of the City of Huntington Beach. All the covenants contained in this Declaration shall remain in effect for the Affordability Period, and shall automatically terminate and be of no further force or effect after such time. Upon expiration of the Affordability Period, Covenantee agrees to cooperate with Covenantor, at no cost to Covenantee - in removing this Declaration of record from the Newman Parcel. 7. Counterparts. This Agreement may be executed in a number of counterparts, each of which shall be an original, but all of which shall constitute one and the same document. 8. Applicable Law. (a) If any provision of this Agreement or portion thereof, or the application of any provision to any person or circumstances, shall to any extent be held invalid, inoperative, or unenforceable, the remainder of this Agreement, or the application of such provision or portion thereof to any other persons or circumstances, shall not be affected thereby and it shall not be deeded that any such invalid provision affects the consideration for this Agreement; and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. (b) This Agreement shall be construed in accordance with the laws of the State of California and all applicable HUD Housing Quality Standards and City Codes. 06-247/2092 6 IN WITNESS WHEREOF, the Covenantee and Covenantor have caused this instrument to be executed on their behalf by their respective officers hereunto duly authorized as of the date set forth above. COVENANTOR: COVENANTEE: BONANNI DEVELOPMENT, INC., a CITY OF HUNTINGTON BEACH, California corporation as to an undivided 1/3 a California municipal corporation interest, and KEITH A. DAWSON and KERIE DAWSON, Husband and Wife as i a-yt 11te -` Joint Tenants, as to an undivided 1/3 interest, Mayor and DAVID A. MACLEOD and NANCY J. MACLEOD, trustees of THE MACLEOD' TRUST 2004, as to an undivided 1/3 interest, City C k all as Tenants in Common THE REDEVELOPMENT AGENCY OF BONANNI DEVELOPMENT, INC. THE CITY OF HUNTINGTON BEACH, a public body corporate and politic ame By; ._ ITS: (circle on Chairman resident/Vice President Deputy Ex utive Dir ctor AND B. APPROVED AS TO FORM: `i)jmt name X ./' 6 fly?7/ak' , R (circleo Secretary hief Financial Officer/Asst.ry reasu r �' City Attorney / Agency Counsel 1b INITI ED APPROVED: Keith A. Dawson, Joint Tenant Pla ning Director Ker` awson, t Tenan REVIEWED AND APPROVED: David MBCleod, Trustee of The Macleod Trust 2004 ! Cit Administrator Nancy J. Macl , Trustee of The Macleod Trust 2004 06-247/2092 7 EXHIBIT "A" CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of a pg ss: On before me, V A625K Dale .. Name and Tide ofOfficer (e.g., "Jane Doe,otary Public) `q, personally appeared �LJ//y ! soul V,41t) , Name(s) of Signer(s)' j personally known to me proved to me on the basis of satisfactory evidence it J. AlBERS to be the person(s) whose name(s) is/are subscribed Corr ni:a[on #t 1600402 to the within instrument and acknowledged to me that Notary PUbk - CGWWft he/she/they executed the ` same in his/her/their Orange countyauthorized ia-'COMM. capacity(ies), and that by his/her/their EVkWAue M. signature(s) on the instrument the person(s), or the entity upon behalfof which the person(s) acted, executed the instrument. WITNESS my hand and official seal. - Place Notary Seal Above i .. Signature of Notary Public State of California County of %�G�' /� a! ss On before me, Date Name and Title of Officer ( .g , "Jane oe, Notary Public") L personally appeared �.� G91`} . rL 7 Name(s) of Signerfs) [ersonallyknown'to me 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 Cornmbloa #f 1600462 he/she/they executed the same in his/her/their Notary PubUC - CaliforniaOrangeCounty 4P.W.COn". authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the ExPlmAug 12, entity upon behalf- of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seat Above :Signature ofNotary.Public STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On j Cry-,9C) - 4Z) �, 200 , before me, the undersigned, a Notary Public in and for said State, personally appeared i-D I 776An Aotionn,`personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledgedtome that he/sht-, executed the same in his/kw authorized capacity, and that by his/her signature on the instrument the persons or the entities upon behalf of which the person acted executed the instrument. WITNESS my hand and official seal. JEANICE ALExis MC FALL _ Commission # 1619853 ••� Notary Public - California Orange County My Comm. Expires Nov 8. 2 gnature of Notary Pub 'c ex (SEAL) STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE On 200_, before me, the undersigned, a Notary Public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the persons or the entities upon behalf of which the person acted executed the instrument. WITNESS my hand and official seal. Signature of Notary Public (SEAL) 06-247/2092 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of O ro\A On () - D — before me, _�57e-c_v-,,it-4a— 4J C-ki Iyt- t! t C Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared tO-N im 0 ca t'U's C)2n Name(s) of Signer(s) QS)n,C,-/ Adct-C-1_az personally known to me ❑ 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. WITNESS my hand and official seal. ignat a of No ry Pubic JP /ONAL Though the information below is not requi d b aw, 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Attorneyin Fact • Top of thumb here ❑ Attorney in Fact ❑ Trustee Top of thumb here ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator, ❑ Other: ❑ Other: Place Notary Seal Above Signer Is Representing: Signer Is Representing: © 2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll -Free 1-800-876.6827 RCA ROUTING SHEET INITIATING DEPARTMENT: Planning INITIATING DEPARTMENT: Planning SUBJECT: Affordable Housing Agreement for Bonanni Development, Inc. COUNCIL MEETING DATE: November 20, 2006 RCA ' ATTACHMENTS STATUS -Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City 'Administrator Initial City Administrator (initial) ( ) ( ) City Clerk ( ) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK November 28, 2006 Tom Daly O. C. Clerk— Recorder 12 Civic Center Plaza, Rm. 101 Santa Ana Ca 92701-4057 Attn: Document Examiner Enclosed please find Declaration of Conditions, Covenants and Restrictions for Property (Affordable Housing. Restrictions -Rental) by and between the City of Huntington Beach and Bonanni Development, Inc., Keith A. Dawson and Kerie Dawson, and David A Macleod and Nancy J. Macleod, trustees of the Macleod Trust 2004, to be recorded and returned to the City of Huntington Beach, Office of the City Clerk, 2000 Main Street, Huntington Beach, CA 92648. Please return a conformed copy of the acceptance when recorded to this office in the enclosed self-addressed stamped envelope. Thank you. J n L. Flynn City Clerk JF:ri Enclosure (Telephone: 71 "36-5227)