HomeMy WebLinkAboutWESTGATE HOMES - 2001-12-17Recorded in Official Records, County of Orange
Gary !!Granville, Clerk -Recorder
RECORDING REQUESTED BY ) 1l1i1111i�l� li� iiifl��1N0 FEE
AND WHEN RECORDED MAIL TO: j 20020116640 44:30pm 02148/02
118 4 D02 18
City of Huntington Beach ) o_oo o_oo o_oo 0.00 0.00 0.00 0.00 o.00
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.
DECLARATION OF CONDITIONS, COVENANTS 1
AND RESTRICTIONS FOR PROPERTY
(RESALE RESTRICTIONS)
THIS DECLARATION OF CONDITIONS, COVENANTS AND RESTRICTIONS
FOR PROPERTY (the `Declaration") is made as of December 17 , 2001, by
and between WESTGATE HOMES -ASH STREET, LLC, a California limited liability
company (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 bode corporate and politic (the "Agency). The -City
and the Agency may sometimes hereinafter be collectively- referred to as the "Covenantee."
RECITALS
A. Covenantor has received zoning approval from the City for the construction of six
attached condominium units located at 17201 Ash Street in the City of Huntington Beach, as
more fully- described in the `Legal Description of the Property" which is attached hereto as
Exhibit "A" and incorporated herein by this reference (the "Property-").
B. City has, as a condition of such approval, required Covenantor to subject each of
the condominium units constructed on the Property to certain covenants, conditions_ and
restrictions. The execution and recordation of this Declaration is intended to fully satisfy that
condition.
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 Property, or any part thereof, that for
sixty (60) years from the date the first certificate of occupancy is issued for a condominium unit
in the Property (the "Expiration Date"):
1
PDA: 2001 Ag; cc: Resale Restriction, — ~,Westgate domes
RLs 2001-0-571,
11 14 01
(a) The Property shall only be owned and occupied by Covenantor or by
"Median Income Households." Median Income Households shall mean persons or families
earning not more than One Hundred Percent (100%) or less of the Orange County median
income, adjusted for appropriate family size, as published by the United States Department of
Housing & Urban Development or established by the State of California, pursuant to Health and
Safety Code Section 50093. or a successor statute.
(b) The Property shall only be sold at an "Affordable Housing Cost" to
Median Income Households. Affordable Housing Cost shall mean the permitted gross sales
prices of the condominium units as set forth in the Affordable Housing Price/Income Guidelines
or successor guidelines published, from time to time, by the City for such purpose.
(c) The covenant contained in this Section 1 shall run with the Property and
shall automatically terminate and be of no further force or effect upon the Expiration Date.
2. Transfer of Property. No transfer of the Property shall occur until the City
determines (a) that the proposed purchaser intends to occupy the Property as the proposed
purchaser's principal residence. (b) that the proposed purchaser is a Median Income Household.
and (c) that the proposed transfer occurs at an Affordable Housing Cost. In the event that
Covenantor (including successors and assigns) desires to sell the Property, Covenantor shall send
written notice thereof to the City at the following address:
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Attention: Director of Economic Development
Within seven (7) days of receiving such notice, the City shall send Covenantor transfer
application forms prepared by the City. Such forms shall contain a certification of the proposed
purchaser's intent with respect to his/her/its residency of the Property and his/her/its gross
income, and an affidavit of the proposed purchaser disclosing and certifying the amount of the
proposed purchase price. The City shall not be obligated to approve a transfer unless and until
the proposed purchaser has submitted to the City such information and completed such forms. In
the interest of expediting the close of escrow for such proposed transactions. the City shall
reasonably approve or disapprove such submissions as soon as practicable after submission of
such forms, and in no event later than fourteen (14) days after submission of a completed form.
If the City fails to approve or disapprove a submission within such fourteen (14) day period, the
City shall be deemed to have approved such transfer in accordance with the foregoing. Prior to
conveyance of the Property, each approved purchaser shall also submit to the City an executed
disclosure statement which certifies that the purchaser is aware that the purchaser buying the
Property may only sell the unit at an Affordable Housing Cost to a Median Income Household,
that the maximum permitted sales price may be less than fair market value and that the unit must
be owner -occupied at all times and cannot be rented or leased. Covenantor shall cooperate with
the City in providing such forms to proposed purchasers and in assisting proposed purchasers to
prepare such forms and to provide any required information to the City in connection with only
the Covenantor's sale of the Property. provided that the Covenantor shall not be obligated to
PDA: 2001 Agree: Resale Restrictions — Westgate Homes
RLS 2001-051S
11114101
C.
incur any out-of-pocket costs in connection therewith, other than employee time dedicated to
providing such assistance.
THE COVENANTOR AND EACH SUCCESSOR, HEIR, OR ASSIGN OF
COVENANTOR UNDERSTAND THAT THE DETERMINATION OF THE
AFFORDABLE HOUSING COST CAN BE MADE ONLY AT THE TIME OF THE
PROPOSED TRANSFER, TAKING INTO CONSIDERATION INTEREST RATES, THE
TERMS OF SALE OFFERED TO AND THE ECONOMIC CIRCUMSTANCES OF THE
PROPOSED PURCHASER AND OTHER FACTORS THAT CANNOT BE
ACCURATELY PREDICTED, AND THAT THE TRANSFER PRICE PERMITTED
HEREUNDER IIAY BE LESS THAN THE FAIR MARKET VALUE OF THE
PROPERTY AND MAY NOT INCREASE OR DECREASE IN THE SAME MANNER AS
OTHER SIMILAR REAL PROPERTY WHICH IS NOT ENCUMBERED BY THIS
RESTRICTION. COVENANTOR AND EACH SUCCESSOR, HEIR, OR ASSIGN OF
COVENANTOR FURTHER ACKNOWLEDGES THAT AT ALL TIMES IN SETTLING
THE TRANSFER PRICE, THE PRIMARY OBJECTIVE OF THE CITY AND THIS
DECLARATION IS TO PROVIDE HOUSING TO MODERATE INCOME
HOUSEHOLDS AT AN AFFORDABLE HOUSING COST.
Q
Covenantor s Initials
The covenant contained in this Section 2 shall run with the Property and shall
automatically terminate and be of no further force or effect upon the Expiration Date.
3. 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,
disability, age, veteran status. sexual orientation, religion, sex, marital status, national origin or
ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the
Property, 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, lessees, subtenants, sublessees, or
vendees in the Property.
Covenantor and its successors and assigns shall refrain from restricting the sale of
the Property on the basis of race, color, religion, sex, marital status, 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 clause:
(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, disability, age, veteran status, sexual orientation, religion,
sex, marital status, 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
PDA: 2001 agree: Resale Restrictions —Westgate Homes
RLS 2001-0S?5
1 U14:'01
herself or any person claiming under or through him or her, establish or permit any such practice
or practices of discrimination br 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 cotenants 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, disability, age, veteran status, sexual
orientation, religion, sex, marital status, ancestry or national origin, in the sale, lease, sublease,
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 of occupancy of tenants, lessees, subtenants, sublessee or vendee of the premises."
Nothing in this Section 3 shall be construed to authorize the rental or lease of
the Property or any condominium unit thereon, if such rental or lease is not otherwise
permitted or approved in accordance with the terms and provisions of this Declaration.
The covenants in this Section 3 shall run with the Property.
4. Covenants Do Not Impair Lien. No violation or breach of the covenants,
conditions, restrictions, provisions or limitations contained in this Declaration shall defeat or
render invalid or in any way impair the lien or charge of any mortgage or deed of trust or
security interest.
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 the 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. Subordination. Notwithstanding any other provision hereof.. the provisions
of this Declaration shall be subordinate to the lien of the First Lender's Deed of Trust and shall
not impair the rights of the First Lender, or such lender's assignee or successor in interest. to
exercise its remedies under the First Lender's Deed of Trust by the borrower. Such remedies
under the First Lenders Deed of Trust include the right of foreclosure or acceptance of a deed or
assignment in lieu of foreclosure. After such foreclosure or acceptance of a deed in lieu of
foreclosure, the covenants of this Declaration shall be forever terminated and shall have no
further effect as to the Unit foreclosed on or any transferee thereafter; provided, however, if the
holder of such First Lender's Deed of Trust acquired title to the Property pursuant to a deed or
assignment in lieu of foreclosure, this Declaration shall automatically terminate upon such
acquisition of title, provided that (i) the City and Covenantor have been given written notice of
4
PDA: 2001 Aeree: Resale Restrictions — Westgate Homes
RLS 2001-05
11:14.01
default under such First Lender's Deed of Trust. and (ii) the City or Covenantor shall not have
cured or commenced to cure the default within sixty (60) days from receipt of such notice.
This Declaration shall not diminish or affect the rights of the United States
Department of Housing and Urban Development ("HUD"), rNMA, or the Veterans
Administration ("VA"), as and if applicable, under the First Lender's Deed of Trust.
Notwithstanding any provision in this Declaration to the contrary, all of the provisions of this
Declaration shall terminate and have no further force and effect upon the occurrence of one of
the following events: (i) Title is acquired by HUD, VA, FNMA or another party upon
foreclosure of a deed of trust insured by HUD or guaranteed by VA; (ii) Title is acquired by
HUD, VA. FNMA or another party by a deed in lieu of foreclosure of a deed of trust insured by
HUD or guaranteed by VA; or (ill) a deed of trust insured by HUD is assigned to HUD.
7. Deed of Trust. Each Unit in the Property shall be encumbered by a
recorded deed of trust naming the City as Trustee and the Agency as beneficiary. The deed of
trust (a sample form is attached hereto as Exhibit "B") shall secure the obligation of each o«-ner
of a Unit regarding the continued affordability of the Unit, to reimburse either the City or the
Agency as appropriate, for any costs paid to cure a default by such owner under a deed of trust
securing same.
8. 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.
[Signatures and Jurats to Follow]
PD A: 2001 Agree: Resale Restrictions — Westgate Homes
RLS 2001-0575
11i14.01
0
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:
WESTGATE HOMES -ASH STREET, LLC
Bv:
M % e_1rtA-6 L c`t tx
print name
ITS: (circle one Chairman.'PresidentiV ice President
/v1 EM ls-0
11
leapaA M aA-tLu
print name
ITS: (circle one) Secretary Chief Financial Officer-Asst.
Secretary — Treasurer
ATTEST:
City Clerk/Agency Clerk
REVIEWED AND APPROVED:
(:;�i= C"500-1.4
City Adm' istrator/Executive Director
PDA: 2001 Agree: Resale Restrictions — Westgate Homes
RLS 2001-057-1
t 1-1a:ol
COVENANTEE:
CITY OF HUNTINGTON BEACH,
a California municipal corporation
Mayor -
REDEVELOPMENT AGENCY OF THE
CITY OF HUNTINGTON BEACH, a
public body corporate and politic
444'4�_ &��
Chairman
APPROVED AS TO FORM:
i L./b 7/t7I
City Attorney,`A;ency General Counsel
INITI TED AND APPROVED:
A4_ cf
Director of Econc is Development/Deputy
Executive Director
STATE OF CALIFORNIA
ss.
COUNTY OF ORANGE
On -DGarw6w L , 2001, before me. the undersigned, a Notary Public in and for
said State, personally appeared MICHAEL DOYLE and RAYMOND MENARD pgrsonaUy
►ollme-S are_
r proved to me on the basis of satisfactory evidence) to be the ersonsarhose
name ,subscribed to the within instrument and acknowledged to me that lis 'executed the
same in+&A-ter authorized capacity, and that by signature on the instrument the persons
or the entities upon behalf of which the persomacted executed the instrument.
WITNESS my hand and official seal
Sib ature of Notary Public
STATE OF CALIFORNIA
ss.
COUNTY OF ORANGE
ZII'�
LAuRA A, NELSON
Corrlmi>sion n 1226'i66
t4otary Public - Ca;fforrtia
x orange County
amyCor—n.apiresM23,20D3
(SEAL)
On , 2001. 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 Votary Public
(SEAL)
PDA: 2001 .Agree: Rcsale Restrdctimti — Westgate Homes
R L S 2001-057 5
11I]4Of
CALIFORNIA ALL-PURP09 ACKNOWLEDGMENT •
State of C4 IIE12e= A11,4
County of Qiir�itlG-��
On V Ir 0.7- before me, lr111-011,
ate , Name and Title of Officer (e.g., 'Jane Doe. Nota!y Public-)
Xle e -el t!f__1 La o
personally appeared
Names) of
personally known to me - OR-'X-proved to me on the basis of satisfactory evidence to be the persons}-
whose name(s) 491are subscribed to the within instrument
and acknowledged to me that 4-e/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(e),
YIRGINIA R. MELTON or the entity upon behalf of which the person( acted,
1"ontsston # 1290573 executed the instrument.
Notcuy Public - California
orange county WITNESS my hand and official seal.
MV0wvn.8vhm jW1a �5
Signature of Notary Pt%I,C
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: ����`¢T<D�►1 DG�i mow: 6'-U Ue�,gsr/ oL
�z'Sl`s^i'c7^iai+cS •�GbQ /vi'O��+r1�'� P �l� �rJr•Ric�i�:�,
Document Date: ® Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Individual
Corporate Officer
Title(s):
Partner — C Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
Signer's Name:
❑
C
n
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing
RIGHT THUMBPRINT
OF SIGNER
. .
® 1995 Nat.onal Notary Association - 8236 Rer met Ave., PO. Box 718A . Canoga Park, CA 91309-7184 Prod. No. 5907 Reorcer: Call Tall -Free 1-800-676-6827
CALIFORNIA ALL-PURPO* ACKNOWLEDGMENT
State of
County of E
On k `_ a� before me, DTT-LP
Ito Name and Title of Officer (e.g..'Jane oe, Notary Public")
personally appeared
Name o' signeas)
impersonally known to me - OR - u proved to me on the basis of satisfactory evidence to be the persons}
whose name4a) is/afe subscribed to the within instrument
and acknowledged to me that Jae/she/" executed the
same in hie/her/their authorized capacitv0es), and that by
VIRGINIA It. MELTON his/her/their signature(O on the instrument the person(s),
OwWadc" lzom i or the entity upon behalf of which the person(s) acted,
Naft� ypr-CanfieaNG T. executed the instrument.
1AIckrrrLEq*wJan1&2W5 WITNESS my hand and official seal.
Signature of Notary Public
OPTION L
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:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
C:
C
n
a
Individual
Corporate Officer
Title(s):
Partner -- C Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing
RIGHT THUMBPR�JT
OF SIGNER
0
Signer's Name:
7C. pl—
'�cl��t
Number of Pages:
Individual
Corporate Officer
Title(s):
Partner — - Limited - General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
..
0 1995 National Notary Association - 8236 Remme. Ave.. P.O. Box 7184 - Canoga Park. CA 91309-7184 Prod. No. 5907 Reorder: Call Toll -Free 1.800-876-6827
EXHIBIT `A"
Legal Description
For the Property Commonly Known As
17201 Ash Street, Huntington Beach, California
DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED Il`T THE STATE OF CALIFORNIA,
COUNTY OF ORANGE, CITY OF HUNTINGTON BEACH, AND IS DESCRIBED AS
FOLLOWS:
PROPOSED TRACT NO. 16272, BEING A SUBDIVISION OF:
LOT 4 IN BLOCK D OF TRACT ISO.436, "MOORE'S HOME PLACE NO. 2", AS SHOWN
ON A MAP RECORDED IN BOOK 16, PAGE 28 OF MISCELLANEOUS MAPS, RECORDS
OF ORANGE COUNTY. CALIFORNIA.
EXCEPTING THEREFROM THE WEST HALF THEREOF.
C�
is
EXHIBIT " ]3„
Deed of Trust with Assignment of Rents
PDA: Agree: 720i Ash Street— Deed of Trust Stith Assig"MCIst of Rents
RLS 2001-0575
7-31-01
RECORDING REQUESTED BY
}
WHEN RECORDED MAIL TO:
)
Redevelopment Agency of the City of
}
Huntington Beach — 7201 Ash Street
)
2000 Main Street
}
Huntington Beach, CA 92648
)
Space Above this line for Recorder's Use
DEED OF TRUST WITH ASSIGNMENT OF RENTS
(LONG FORM)
This DEED OF TRUST, made , between
herein called Trustor, whose address is
THE CITY OF HUNTINGTON BEACH, herein called TRUSTEE, and the REDEVELOPMENT
AGENCY OF THE CITY OF HUNTINGTON BEACH, herein called BENEFICIARY,
WITNESSETH: That Trustor grants to Trustee in trust, with power of sale, that property in the City of
Huntington Beach, County of Orange, State of California, described as:
See Exhibit "A" attached hereto
Together with the rents, issues and profits thereof, subject, however, to the right, power and authority
hereinafter given to and conferred upon Beneficiary to collect and apply such rents, issues and profits for
the purpose of securing (1) the payment of the sum of S , with interest thereon according
to the terms of a promissory note or notes of even date herewith made by Trustor payable to the order of
Beneficiary, and extensions or renewals thereof, (2) the performance of each agreement of Trustor
incorporated by reference or contained herein, (3) payment of additional sums and interest thereon which
may hereafter be loaned to Trustor, or his successors or assigns, when evidenced by a promissory note or
notes reciting that they are secured by this Deed of Trust, and (4) the long term affordability of said
property.
A. To protect the security of this Deed of Trust, Trustor agrees:
I) To keep said property in good condition and repair, not to remove or demolish any
building thereon; to complete or restore promptly and in good and workmanlike manner any building
which may be constructed, damaged or destroyed thereon and to pay when due all claims for labor
performed and materials furnished therefore, to comply with all laws affecting said property or requiring
any alterations or improvements to be made thereon, not to commit or permit waste thereof; not to
commit, suffer or permit any act upon said property in violation of law; to cultivate, irrigate, fertilize,
2
PDA: Agree: 7201 Ash Street— Deed of Trust with Assignment of (tents
RLS 2001-0575
7-31-01
0
fumigate, prune and do all other acts which from the character or use of said property may be reasonable
necessary, the specific enumerations herein not excluding the general.
2) To provide, maintain and deliver to Beneficiary Fire Insurance satisfactory to and with
loss payable to Beneficiary. The amount collected under any fire or other insurance policy may be
applied by Beneficiary upon any indebtedness secured hereby and in such order as Beneficiary may
determine, or at option of Beneficiary the entire amount so collected or any part thereof may be released
to Trustor. Such application or release shall not cure or waive any default or notice of default hereunder
or invalidate any act done pursuant to such notice.
3) To appear in and defend any action or proceeding purporting to affect the security hereof
or the rights or powers of Beneficiary or Trustee; and to pay all costs and expenses; including cost of
evidence of title and attorney's fees in a reasonable sum, in any such action or proceeding in which
Beneficiary or Trustee may appear, and in any suit brought by Beneficiary to foreclose this Deed.
4) To pay, at least ten days before delinquency all taxes and assessments affecting said
property, including assessments on appurtenant water stock, when due, all encumbrances, charges and
liens, with interest, on said property or any part thereof, which appear to be prior or superior hereto; all
costs; fees and expenses of this Trust.
5) To pay immediately and without demand all sums so expended by Beneficiary or Trustee,
with interest from date of expenditure at the amount allowed by law in effect at the date hereof, and to
pay for any statement provided for by law in effect at the date hereof regarding the obligation secured
hereby any amount demanded by the Beneficiary not to exceed the maximum allowed by law at the time
when said statement is demanded.
B. It is mutually agreed:
1) That any award of damages in connection with any condemnation for public use of or
injury to said property or any part thereof is hereby assigned and shall be paid to Beneficiary who may
apply or release such moneys received by him in the same manner and with the same effect as above
provided for disposition of proceeds of fire or other insurance.
2) That by accepting payment of any sum secured hereby after its due date, Beneficiary does
not waive his right either to require prompt payment when due of all other sums so secured or to declare
default for failure so to pay.
3) That at any time or from time to time, without liability therefore and without notice, upon
written request of beneficiary and presentation of this Deed, or a copy thereof, and without affecting the
personal liability of any person for payment of the indebtedness secured hereby. Trustee may: reconvey
any part of said property; consent to the making of any map or plat thereof; join in granting any easement
thereon, or join in any extension agreement or any agreement subordinating the lien or charge hereof.
4) That upon written request of Beneficiary stating that all sums secured hereby have been
paid, and upon surrender of this Deed, or a copy thereof, and upon payment of its fees, Trustee shall
reconvey, without warranty, the property then held hereunder. The recitals in such reconveyance of any
matters or facts shall be conclusive proof of the truthfulness thereof. The Grantee in such reconveyance
may be described as "the person or persons legally entitled thereto."
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PDA: Agree: 7201 Ash Street— Deed of Trust with Assignment of Rents
R15 2001-0575
7-31-01
5) That as additional security, Trustor hereby gives to and confers upon Beneficiary the
right, power and authority, during the continuance of these Trusts, to collect the rents, issues and profits
of said property, reserving unto Trustor the right, prior to any default by Trustor in payment of any
indebtedness secured hereby or in performance of any agreement hereunder, to collect and retain such
rents, issues and profits as they become due and payable. Upon any such default, Beneficiary may at any
time without notice, either in person, by agent, or by a receiver to be appointed by a court, and without
regard to the adequacy of any security for the indebtedness hereby secured, enter upon and take
possession of said property or any part thereof, in his own name sue for or otherwise collect such rents,
issues, and profits, including those past due and unpaid, and apply the same, less costs and expenses of
operation and collection, including reasonable attorney's fees, upon any indebtedness secured hereby, and
in such order as Beneficiary may determine. The entering upon and taking possession of said property,
the collection of such rents, issues and profits and the application thereof as aforesaid, shall not cure or
waive any default or notice of default hereunder or invalidate any act done pursuant to such notice.
6) That upon default by Trustor in payment of any indebtedness secured hereby or in
performance of any agreement hereunder, Beneficiary may declare all sums secured hereby immediately
due and payable by delivery to Trustee of written declaration of default and demand for sale and of
written notice of default and of election to cause to be sold said property, which notice trustee shall cause
to be filed for record. Beneficiary also shall deposit with Trustee this Deed and all documents evidencing
expenditures secured hereby.
After the lapse of such time as may then be required by law following the recordation of
said notice of default, and notice of sale having been given as then required by law, Trustee, without
demand on Trustor, shall sell said property at the time and place affixed by it in said notice of sale, either
as a whole or in separate parcels, and in such order as it may determine, at public auction to the highest
bidder for cash in lawful money of the United States, payable at time of sale. Trustee may postpone sale
of all or any portion of said property by public announcement at such time and place of sale, and from
time to time thereafter may postpone such sale by public announcement at the time fixed by the preceding
postponement. Trustee shall deliver to such purchaser its deed conveying the property so sold, but
without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts
shall be conclusive proof of the truthfulness thereof. Any person, including Trustor, Trustee, or
Beneficiary as hereinafter defined, may purchase at such sale.
After deducting all costs, fees and expenses of Trustee and of this Trust, including cost of
evidence of title in connection with sale, Trustee shall apply to proceeds of sale to payment o£ all sums
expended under the terms hereof, not then repaid, with accrued interest at the amount allowed by law in
effect at the date hereof, all other sums then secured hereby; and the remainder, if any, to the person or
persons legally entitled thereto.
7) Beneficiary, or any successor in interest to any obligation secured hereby, may from time
to time, by instrument in writing, substitute a successor or successors to any Trustee named herein or
acting hereunder, which instrument, executed by the Beneficiary and duly acknowledged and recorded in
the office of the recorder of the county or counties where said property is situated shall be conclusive
proof of proper substitution of such successor Trustee or Trustees, who shall, without conveyance from
the Trustee predecessor, succeed to all its title, estate, rights, powers and duties. Said instrument trust
contain the name of the original Trustor, Trustee and Beneficiary hereunder, the book and page where this
Deed is recorded and the name and address of the new Trustee.
8) That this Deed applies to, inures to the benefit of, and binds all parties hereto, their heirs,
legatees, devisees, administrators, executors, successors and assign. In this Deed, whenever the context
4
PDA= Agree: 7201 Ash Street— Deed of Trust with Assignment Of
RtS 2001-0575-
7-31-01
so requires, the masculine gender includes the feminine and/or neuter, and the singular number includes
the plural.
9) That Trustee accepts this Trust when this Deed, duly executed and acknowledged, is
made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending
sale under any other Deed of Trust or of any action or proceeding in which Trustor, Beneficiary or
Trustee shall be a party unless brought by Trustee.
10) Trustor agrees for itself, and its successors and assigns, and every successor to Trustor's
interest in the Property, or any part thereof that for sixty (60) years from the date this Deed of Trust is
recorded (the "Expiration Date"):
(a) Said property shall only be owned and occupied by persons or families of
"Median Income." "Median Income" shall mean persons or families earning One Hundred Percent
(100%) or less of Orange County median income, adjusted for appropriate family size.
(b) Said property shall be kept available at Affordable Housing Cost (as defined
below) to the Trustor or other persons or families of median income. Affordable Housing Cost shall
mean, as to each person or family of median income, that purchase price which would result in monthly
housing payments which do not exceed an amount under any currently prevailing conventional home
mortgage lending rates applied by any reputable institutional home mortgage lender, or the lending rates
of any government -subsidized or special mortgage program for which such persons or family qualifies
and has obtained a first trust deed loan, which do not exceed thirty percent (30%) of One Hundred Percent
(100%) of the Orange County monthly median income for those persons and families of median income
(as determined by the United States Department of Housing and Urban Development) earning not more
than One Hundred Percent (100%) of the Orange County median income.
(c) The covenant contained in this Section 10 shall run with the land and shall
automatically terminate and be of no further force or effect upon the Expiration Date.
11) No transfer of said property shall occur until the Beneficiary determines (a) that the
proposed purchaser intends to occupy said property as the proposed purchaser's principal residence, (b)
that the proposed purchaser is a person or family of median income, (c) that the proposed transfer occurs
at an Affordable Housing Cost. The Beneficiary shall not be obligated to approve a transfer until and
unless the proposed purchaser has submitted to the Beneficiary such information and completed such
forms as the Beneficiary shall request to certify the proposed purchaser's intent with respect to its
residency of said property and its gross income, and the proposed purchaser has submitted an affidavit
disclosing and certifying the amount of the proposed purchase price. Prior to conveyance of said
property, each approved purchaser shall submit to the Beneficiary an executed disclosure statement which
certifies that the purchaser is aware that the purchaser buying may only sell the unit at an Affordable
Housing Cost to a median income person or family, that the maximum permitted sales price may be less
than fair market value and that the unit must be owner -occupied at all times and cannot be rented or
leased.
TRUSTOR AND EACH SUCCESSOR, HEIR OR ASSIGN OF TRUSTOR
UNDERSTANDS THAT THE DETERMINATION OF THE AFFORDABLE HOUSING COS_ T CAN
BE MADE ONLY AT THE TIME OF THE PROPOSED TRANSFER, TAKING INTO
CONSIDERATION INTEREST RATES, THE TERMS OF SALE OFFERED TO AND THE
ECONOMIC CIRCUMSTANCES OF THE PROPOSED PURCHASER AND OTHER FACTORS
5
PEA: Agree: 7201 Ash Street— heed of Trust with Assignment of Rents
RLS 2001-0575
7-31-01
THAT CANNOT BE ACCURATELY PREDICTED, AND THAT THE TRANSFER PRICE
PEU4ITTED HEREUNDER MAY BE LESS THAN THE FAIR MARKET VALUE OF THE
PROPERTY AND MAY NOT INCREASE OR DECREASE IN THE SAME MANNER AS OTHER
SIMILAR REAL PROPERTY WHICH IS NOT ENCUMBERED BY THIS RESTRICTION.
TRUSTOR AND EACH SUCCESSOR, HEIR OR ASSIGN OF TRUSTOR FURTHER
ACKNOWLEDGES THAT AT ALL TIMES IN SETTING THE TRANSFER PRICE THE PRIMARY
OBJECTIVE OF THE BENEFICIARY AND THIS DEED OF TRUST IS TO PROVIDE HOUSING TO
ELIGIBLE PERSONS OR FAMILIES AT AN AFFORDABLE HOUSING COST.
Trustor Initials
The covenant contained in this Section l I shall run with the land and shall automatically
terminate and be of no further force or effect upon the Expiration Date.
12) Trustor 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, national origin or ancestry in the sale,
lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the said property, nor shall Trustor 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, Iocation, number, use or occupancy of
tenants, lessees, subtenants, sublessees, or vendees in said property.
Trustor and its successors and assigns, shall refrain from restricting the rental or lease (if
permitted by Trustor) or sale of said property on the basis of race, color, religion, sex, marital status,
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:
(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, marital status, 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, sublessee or vendees in the land herein conveyed. The foregoing covenants
shall run with the land."
(b) 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, religion, sex, marital status, 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 to 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."
6
PDA: Agree: 7201 Ash Street— Deed of Trust with Assignment of Rents
RLS 2001-0575 V
7-31-01
(c) In contracts: "There shall be no discrimination against or segregation of, any
person, or group of persons on account of race, color, religion, sex, marital status, ancestr;, 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, sublessee or vendees of the premises."
Nothing in this Section 12 shall be construed to authorize the rental or lease of the
Property if such rental or lease is not othenvise permitted. The covenants in this paragraph shall run with
the land in perpetuity.
13) No violation or breach of the covenants, conditions, restrictions, provisions or limitations
contained in this Deed of Trust shall defeat or render invalid or in any way impair the lien or charge of
any mortgage or deed of trust or security interest.
14) All covenants without regard to technical classification or designation shall be binding
for the benefit of the Beneficiary and such covenants shall run in favor of the Beneficiary for the entire
period during which such covenants shall be in force and effect, without regard to whether the
Beneficiary is or remains an owner of any land or interest therein to which such covenants relate. The
Beneficiary, 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 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.
The undersigned Trustor requests that a copy of any notice of default and of any notice of sale hereunder
be mailed to him at his address hereinbefore set forth.
Signature of Trustor
Dated
}
STATE OF CALIFORNIA )
COUNTY OF }
On
before me,
Signature of Trustor
personally appeared
Personally known to me (or 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 signatures) 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.
Signature
(This area for official notarial seal)
7
PD.A: Agree: 7201 Ash Street— Deed of Trust with Assignment of Rents
RLS 2001-0575
7-31-01
•
•
DO NOT RECORD
TO THE CITY OF HUNTI?`GTON BEACH, TRUSTEE.
REQUEST FOR FULL RECONVEYANCE
The undersigned is entitled to the indebtedness secured by the foregoing Deed of Trust. Said indebtedness
secured by said Deed of Trust, have been fully paid and satisfied; and you are hereby requested and directed, on
payment to you of any sums owing to you under the terms of said Deed of Trust, to cancel any evidences of
indebtedness secured by said Deed of Trust delivered to you herewith, together with the said Deed of Trust, and to
reconvey, without warranty, to the parties designated by the terms of said Deed of Trust, all the estate now held by
you under the same.
Dated
Please mail Deed of Trust
and Reconveyanceto
Do Not lose or destroy this Deed of Trust. It must be delivered to the Trustee for cancellation before reconveyance
will be trade.
z D_ %W) VDV.�rtN- -
�
f".l•
Council/Agency Meeting Held:
Deferred/Continued to:
A proved ❑ Con tionally Approved ❑ Denied
DC➢_ City Cl "s Signature
Council Meeting Date: 12/17/01
Department ID Number: ED 01-38
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL/REDEVELOPMENT AGENCY ACTION
c7 ter,_
SUBMITTED TO: HONORABLE MAYOR/CHAIRMAN AND CITY COUNCIL
MEMBERS/REDEVELOPMENT AGENCY MEMBERS D CD M
SUBMITTED BY: RAY SILVER, City Administrator/Executive Director6geV 0n
PREPARED BY: DAVID C. BIGGS, Director of Economic Development/Deputy
Executive Director
SUBJECT: Approval of Affordable Housing Covenant for 17201 Ash Street
Condominium Project.
F
tatement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: An affordable housing covenant, including resale restrictions, is
submitted for approval on a six -unit condominium project located at 17201 Ash Street. The
affordable housing obligations included in this agreement ensure that all six, two -bedroom
units in the project will be affordable for median -income households for 60 years. This
agreement fulfills a Planning Department condition of approval for the project and will provide
the Redevelopment Agency credit for six new affordable housing units, thereby furthering the
City's affordable housing goals.
Fundin"oyrce: Not Applicable
Recommended Action: Motion to:
Joint City Council/Redevelopment Agency Action:
Approve the Declaration of Conditions, Covenants and Restrictions for Property (Resale
Restrictions) between Westgate Homes, Ash Street, L.L.C., the City of Huntington Beach,
and the Redevelopment Agency of the City of Huntington Beach, and authorize the Mayor,
City Clerk, Agency Chairman, and Agency Clerk to execute and record the agreement when
advised by the C Attu and Age General Counsel.
Alternative Action(s): Do not approve the proposed affordable housing agreement
for the Ash Street Condominium project.
REQUEST FOR IPUNCIL/REDEVELOPMENT!MENCY ACTION
MEETING DATE: 12/17/01 DEPARTMENT ID NUMBER: ED 01-38
Analysis: Westgate Homes, Ash Street, L.L.C. the developer of a new, six -unit
residential complex in the Oakview neighborhood recently contacted the Economic
Development Department proposing an affordable housing agreement for their property
located at 17201 Ash Street in the Oakview neighborhood. The property was initially
designed to be apartments, however, before construction was completed, the developer
expressed a desire to sell the individual units as condominiums. In exchange for receiving
the necessary approvals from the Planning Department, including a lot subdivision and
two variances, the developer offered to restrict the entire project as affordable housing for
median -income households.
Ash Street Condominiums consists of six, two -bedroom units, which, with the proposed
affordability covenant will be entirely affordable for median -income households for 60
years. The developer proposed the affordability restrictions and has requested no
financial assistance from the Redevelopment Agency for making this property affordable.
Execution of the restrictive covenant will fulfill a Planning Department condition of approval
for the property. These six units will then provide long-term, affordable ownership housing
for families at no cost to the Agency. Because this is new housing, the Agency can count
all six units towards fulfilling its affordable housing production requirements. The six units
will also further the City's goal of meeting the Regional Housing Needs Assessment
(RHNA) target numbers.
The Declaration of Conditions, Covenants and Restrictions for Property (Resale
Restrictions) between Westgate Homes, Ash Street, L.L.C., the City of Huntington Beach,
and the Redevelopment Agency of the City of Huntington Beach is attached for review.
Environmental Status: This project has complied with the California Environmental Quality
Act (CEQA) pursuant to section 15303 of the CEQA Guidelines.,
Attachment(s):
RCA Author: HOLTZ (5901)
RCA for Affordable Housing Agreement.doc -2- 12/6101 4:25 PM
0' 0
14 CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
January 22, 2002
Gary L. Granville
County Clerk -Recorder
P. O. Box 238
Santa Ana, CA 92702
Enclosed please find a Declaration of Conditions, Covenants and Restrictions for Property
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 Declaration when recorded to this office in the enclosed
self-addressed stamped envelope.
Connie Brockway, CIVIC
City Clerk
Enclosures
g:1followuplmisc... doc Declaration of Conditions, Covenants & Restrictions -- Westgate domes -Ash Street, LLC —
17201 Ash Street
(Telephone. 714-536-5227 )
•
•
RECORDING REQUESTED BY }
AND WHEN RECORDED MAIL TO: )
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 27_ 83.
DECLARATION OF CONDITIONS. COVENAN-TS
AND RESTRICTIONS FOR PROPERTY
(RESALE RESTRICTIONS)
THIS DECLARATION OF CONDITIONS, COVENANTS AND RESTRICTIONS
FOR PROPERTY (the "Declaration') is made as of December 17 , 2001, by
and between WESTGATE HOMES -ASH STREET, LLC, a California limited liability
company (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"). The City
and the Agency may sometimes hereinafter be collectiveiv referred to as the "Covenantee."
RECITALS
A. Covenantor has received zoning approval from the City for the construction of six
attached condominium units located at 17201 Ash Street in the City of Huntington Beach, as
more fully described in the "Legal Description of the Property' which is attached hereto as
Exhibit "A-- and incorporated herein by this reference (the "Property").
B. City has, as a condition of such approval, required Covenantor to subject each of
the condominium units constructed on the Property to certain covenants. conditions, and
restrictions. The execution and recordation of this Declaration is intended to fully satisfy that
condition.
NOW, THEREFORE, the parties hereto agree and covenant as follows:
1. Affordability Covenants: Covenantor agrees for itself and its successors and
assigns, and ever; successor to Covenantor's interest in the Property, or any part thereof, that for
sixty (60) years from the date the first certificate of occupancy is issued for a condominium unit
in the Property (the "Expiration Date"):
PDA: 2001 Asree: Resa4t Ressrsnions — Westsate Homes
RLS 2001-05
11il-3!01
(a) The Property shall only be owned and occupied by Covenantor or by
"Median Income Households." Median Income Households shall mean persons or families
earning not more than One Hundred Percent (100%) or less of the Orange County median
income, adjusted for appropriate family size, as published by the United States Department of
Housing & Urban Development or established by the State of California, pursuant to Health and
Safety Code Section 50093, or a successor statute.
(b) The Property shall only be sold at an "Affordable Housing Cost" to
Median Income Households. Affordable Housing Cost shall mean the permitted gross sales
prices of the condominium units as set forth in the Affordable Housing Price/Income Guidelines
or successor guidelines published, from time to time, by the City for such purpose.
(c) The covenant contained in this Section I shall run with the Property and
shall automatically terminate and be of no further force or effect upon the Expiration Date.
2. Transfer of Property. No transfer of the Property shall occur until the City
determines (a) that the proposed purchaser intends to occupy the Property as the proposed
purchaser's principal residence, (b) that the proposed purchaser is a Median Income Household,
and (c) that the proposed transfer occurs at an Affordable Housing Cost. In the event that
Covenantor (including successors and assigns) desires to sell the Property, Covenantor shall send
written notice thereof to the City at the following address:
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Attention: Director of Economic Development
Within seven (7) days of receiving such notice, the City shall send Covenantor transfer
application forms prepared by the City. Such forms shall contain a certification of the proposed
purchaser's intent with respect to his/her/its residency of the Property and his/her/its gross
income, and an affidavit of the proposed purchaser disclosing and certifying the amount of the
proposed purchase price. The City shall not be obligated to approve a transfer unless and until
the proposed purchaser has submitted to the City such information and completed such forms. In
the interest of expediting the close of escrow for such proposed transactions, the City shall
reasonably approve or disapprove such submissions as soon as practicable after submission of
such forms, and in no event later than fourteen (14) days after submission of a completed form.
If the City fails to approve or disapprove a submission within such fourteen (14) day period, the
City shall be deemed to have approved such transfer in accordance with the foregoing. Prior to
conveyance of the Property, each approved purchaser shall also submit to the City an executed
disclosure statement which certifies that the purchaser is aware that the purchaser buying the
Property may only sell the unit at an Affordable Housing Cost to a Median Income Household,
that the maximum permitted sales price may be less than fair market value and that the unit must
be owner -occupied at all times and cannot be rented or leased. Covenantor shall cooperate with
the City in providing such forms to proposed purchasers and in assisting proposed purchasers to
prepare such forms and to provide any required information to the City in connection with only
the Covenantor's sale of the Property, provided that the Covenantor shall not be obligated to
2
PDA: 2001 Agree: Resale Resmclions — Westeate Homes
RLS 2001-0575
11,14"01
•
•
incur any out-of-pocket costs in connection therewith, other than employee time dedicated to
providing such assistance.
THE COVENANTOR AND EACH SUCCESSOR, HEIR, OR ASSIGN OF
COVENANTOR UNDERSTAND THAT THE DETER1ti•IINATION OF THE
AFFORDABLE HOUSING COST CAN BE INIADE ONLY AT THE TIME OF THE
PROPOSED TRANSFER, TAKING INTO CONSIDERATION INTEREST RATES, THE
TERMS OF SALE OFFERED TO AND THE ECONOMIC CIRCUMSTANCES OF THE
PROPOSED PURCHASER AND OTHER FACTORS THAT CANNOT BE
ACCURATELY PREDICTED, AND THAT THE TRANSFER PRICE PERINUTTED
HEREUNDER I<•T_AY BE LESS THAN THE FAIR MARKET VALUE OF THE
PROPERTY AND MAY NOT INCREASE OR DECREASE IN THE SAME MANNER AS
OTHER SIMILAR REAL PROPERTY WHICH IS NOT ENCUMBERED BY THIS
RESTRICTION. COVENANTOR AND EACH SUCCESSOR, HEIR, OR ASSIGN OF
COVENANNTOR FURTHER ACKNOWLEDGES THAT AT ALL TIMES IN SETTLING
THE TRANSFER PRICE, THE PRIMARY OBJECTIVE OF THE CITY AND THIS
DECLARATION IS TO PROVIDE HOUSING TO MODERATE INCOME
HOUSEHOLDS AT AN AFFORDABLE HOUSING COST.
0 N
Covenantar's Initials
The covenant contained in this Section 2 shall run with the Property and sliall
automatically terminate and be of no. further force or effect upon the Expiration Date.
3. 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,
disability, age, veteran status, sexual orientation, religion, sex, marital status, national -origin or
ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the
Property, 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, lessees, subtenants, sublessees, or
vendees in the Property.
Covenantor and its successors and assigns shall refrain from restricting the sale of
the Property on the basis of race, color, religion, sex, marital status, 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 clause:
(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, disability, age, veteran status, sexual orientation, religion,
sex, marital status, 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
PDA: 2001 Agree: Resale Restrictions — Westgate Homes
RLS 2001-0575 -
11114 Ol
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."
(b) In contracts: "There shall be no discrimination against or segregation of,
any person, or group of persons on account of race, color, disability, age, veteran status, sexual
orientation, religion. sex, marital status, ancestry or national origin, in the sale, lease, sublease,
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, Iocation, number,
use of occupancy of tenants, lessees. subtenants; sublessee or vendee of the premises."
Nothing in this Section 3 shall be construed to authorize the rental or lease of
the Property or anv condominium unit thereon, if such rental or lease is not otherwise
permitted or approved in accordance with the terms and provisions of this Declaration.
The covenants in this Section 3 shall run with the Property.
4. Covenants Do Not Impair Lien. No violation or breach of the covenants,
conditions, restrictions, provisions or limitations contained in this Declaration shall defeat or
render invalid or in any way impair the lien or charge of any mortgage or deed of trust or
security interest.
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 the 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. Subordination. Notwithstanding any other provision hereof, the provisions
of this Declaration shall be subordinate to the lien of the First Lender's Deed of Trust and shall
not impair the rights of the First Lender, or such lender's assignee or successor in interest, to
exercise its remedies under the First Lender's Deed of Trust by the borrower. Such remedies
under the First Lender's Deed of Trust include the right of foreclosure or acceptance of a deed or
assignment in lieu of foreclosure. After such foreclosure or acceptance of a deed in lieu of
foreclosure, the covenants of this Declaration shall be forever terminated and shall have no
further effect as to the Unit foreclosed on or any transferee thereafter; provided, however, if the
holder of such First Lender's Deed of Trust acquired title to the Property pursuant to a deed or
assignment in lieu of foreclosure, this Declaration shall automatically terminate upon such
acquisition of title, provided that (i) the City and Covenantor have been given written notice of
4
PDA: 2001 Agree: Resale Restrictions — Westgate Homes
RLS 2001-0575
11/14 01
default under such First Lender's Deed of Trust, and (h) the City or Covenantor shall not have
cured or commenced to cure the default within sixty (60) days from receipt of such notice.
This Declaration shall not diminish or affect the rights of the United States
Department of Housing and Urban Development ("HUD"), FNMA, or the Veterans
Administration ("VA"), as and if applicable, under the First Lender's Deed of Trust.
Notwithstanding any provision in this Declaration to the contrary, all of the provisions of this
Declaration shall terminate and have no further force and effect upon the occurrence of one of
the following events: (i) Title is acquired by HUD, VA, FNMA or another party upon
foreclosure of a deed of trust insured by HUD or guaranteed by VA; (ii) Title is acquired by
HUD, VA, FNMA or another party by a deed in lieu of foreclosure of a deed of trust insured by
HUD or guaranteed by VA; or (iii) a deed of trust insured by HUD is assigned to HUD.
7. Deed of Trust. Each Unit in the Property shall be encumbered by a
recorded deed of trust naming the City as Trustee and the Agency as beneficiary. The deed of
trust (a sample form is attached hereto as Exhibit `B") shall secure the obligation of each owner
of a Unit regarding the continued affordability of the Unit, to reimburse either the City or the
Agency as appropriate, for any costs paid to cure a default by such owner under a deed of trust
securing same.
8. 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.
[Signatures and Jurats to Follow]
PDA: 2001 Agree: Resale Restrictions — Westgate Homes
RLS 2001-0575
11'14i01
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:
WESTGATE HOMES -ASH STREET, LLC
By:_
N1 , e— kki! t_ U c i LZ
print name
ITS: (circle oneI ChairmanlPresidcnt/Vice President
Al EM 6C 2�
10 .U/M ( f
print name
ITS: (circle one) Secretary/Chief Financial Officer/Asst_
Secretary —Treasurer
�V:E�Wk
ATTEST:
City Clerk/Agency Clerk
REVIEWED AND APPROVED:
City Admiistrator/Executive Director
PDA: 2001 Agree: Resale Restrictions — Westgate Homes
RL5 2001-0575
1
CITY OF HUNTINGTON BEACH,
a California municipal corporation
dlA[.f'
Mayor '
REDEVELOPMENT AGENCY OF THE
CITY OF HUNTINGTON BEACH, a
public body corporate and politic
klm� ���
Chairman
APPROVED AS TO FORM:
L�o710J
City Attorney/Agency General Counsel
INITI TED AND APPROVED:Xw 't
0f -
Director of Econo is Development/Deputy
Executive Director
STATE OF CALIFORNIA
ss.
COUNTY OF ORANGE
Onl.P , 2001, before me, the undersigned, a Notary Public in and for
said State, personally appeared MICHAEL DOYLE and RAYMOND MENARD p4wnally
+t6r proved to me on the basis of satisfactory evidence) to be the persorr>Avhose
nae is-subscri >nbed to the within instrument and acknowledged to me that ==executed the
same in his l er authorized capacity, and that by i4l�z signature on the instrument the persons
or the entities upon behalf of which the persorcacted executed the instrument.
WITNESS my hand and official seal
Si ature of Notary Public
STATE OF CALIFORNIA
M3
COUNTY OF ORANGE
LAURA A. NELSON
Commission # 1226066 Z
i Notary Public - California
Z orange County
My Comm. i n resJul 23, 2003
t
(SEAL)
On , 2001, 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)
PDA: 2001 Agee: Resale Restrictions — Westgate Homes
RLS 2001-0575
11/14 01
CALIFORNIA ALL-PURPCO ACKNOWLEDGMENT
State of -6,4 //ro/-
County County of Ok/ 4nlfr��-
On IrY GZ before me,
ate �J , Name and Title d p"icer (e_g_, `Jana Doe. Not*Public")
personally appeared �✓e bt7! e, Q o k— _ _ ,
Name(s) of Signer(s)
'-? personally known to me -- OR -'proved to me on the basis of satisfactory evidence to be the person( --
whose name(s)-Ware subscribed to the within instrument
and acknowledged to me that 4ie/she/they executed the
same in his/her/their authorized capacityees), and that by
hislheri#k�eir signature(s) on the instrument the perso*),
VIRGINIA R. mrzLToN or the entity upon behalf of which the persons) acted,
Commission # 1290573 executed the instrument.
Z
notary Public - CGUOrr a i
orange County Ir WITNESS my hand and official seal.
MVCorn n- B pies Jan 112 M5
Signature of Notary P ..lic
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: �r1�TGG� 4� GUI
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
I
Individual
Corporate Officer
Ttle(s):
Partner — E. Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer is Representing:
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Top of -yiurnD 'e.e
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—Number of Pages:
Signer's Name:
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Individual
Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
Top cf tharcb here
01995 Natiora: Notary Association • 82S6 Parunet Ave., P.o. i3cx 7184 - Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder. Call Toil -Free 1-800-876-6827
CALIFORNIA ALL-PURPOO ACKNOWLEDGMENT
State of
County of
On ate, before me,
for.5 Name antl Tate at Officer (e.g..'Jane-toe. Notary Pubtic ).
personaffy appeared (' U�Uy/,�/�U_W4,_ ,
Name of Signer(s)
personally known to me -• OR - J proved to me on the basis of satisfactory evidence to be the person fs}
whose names) is/afe subscribed to the within instrument
and acknowledged to me that fae/she/" executed the
same in Nefher/their authorized capacity(ies), and that by
VlRGlNtA R. MELiOti his/her/their signature(ey on the instrument the person{s),
t;;Z0wCOM
CXUWnlgkffl # 1290573 or the entity upon behalf of which the person(s) acted,
fexecuted the instrument.
omnge county
41@IIVCbwm EVh xjon1j235 WITNESS my hand and official seal.
�J
5'gnature of Notary Public
OPTIO►v t
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:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑
G
G
7
C
C
Individual
Corporate Officer
Title(s):
Partner — C Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing
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Tcp of tht.—b here
Signer's Name:
J
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i,mmoer or rages: rca
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing
',
imp
Top o' thumb here
0 1995 National Notay Assoc aticn - 9255 Rer-mel Ave., P.O. Box 7154 - Cano;a Park. CA 9130-7164 Prod. No. 5S07 Reorder: Cast So,`. -free 1-BOG-676-6627
P-�
EXHIBIT "A"
Legal Description
For the Property Commonly Kno«n As
17201 Ash Street, Huntington Beach, California
DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF ORANGE, CITY OF HUNTINGTON BEACH, AND IS DESCRIBED AS
FOLLOWS:
PROPOSED TRACT NO. 16272, BEING A SUBDIVISION OF:
LOT 4 IN BLOCK D OF TRACT NO. 436, "MOORE'S HOME PLACE NO. 2", AS SHOWN
ON A MAP RECORDED IN BOOK 16, PAGE 28 OF MISCELLANEOUS MAPS, RECORDS
OF ORANGE COUNTY, CALIFORNIA.
EXCEPTING THEREFROM THE NEST HALF THEREOF.
� n
EXHIBIT "B"
Deed of Trust with Assignment of Rents
.. 1
PDA: Agree: 7201 Ash Street— Deed of Trust with Assignment of Rents
RIS 2001-0575
7-31-01
•
•
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
Redevelopment Agency of the City of
Huntington Beach — 7201 Ash Street
2000 Main Street
Huntington Beach, CA 92648
Space Above this line for Recorder's Use
DEED OF TRUST WITH ASSIGNMENT OF RENTS
(LONG FORM)
This DEED OF TRUST, made , between
herein called Trustor, whose address is
THE CITY OF HUNTINGTON BEACH, herein called TRUSTEE, and the REDEVELOPMENT
AGENCY OF THE CITY OF HUNTINGTON BEACH, herein called BENEFICIARY,
WITNESSETH: That Trustor grants to Trustee in trust, with power of sale, that property in the City of
Huntington Beach, County of Orange, State of California, described as:
See Exhibit "A" attached hereto
Together with the rents, issues and profits thereof, subject, however, to the right, power and authority
hereinafter given to and conferred upon Beneficiary to collect and apply such rents, issues and profits for
the purpose of securing (1) the payment of the sum of $ , with interest thereon according
to the terms of a promissory note or notes of even date herewith made by Trustor payable to the order of
Beneficiary, and extensions or renewals thereof, (2) the performance of each agreement of Trustor
incorporated by reference or contained herein, (3) payment of additional sums and interest thereon which
may hereafter be loaned to Trustor, or his successors or assigns, when evidenced by a promissory note or
notes reciting that they are secured by this Deed of Trust, and (4) the long term affordability of said
property_
A. To protect the security of this Deed of Trust, Trustor agrees:
1) To keep said property in good condition and repair, not to remove or demolish any
building thereon; to complete or restore promptly and in good and workmanlike manner any building
which may be constructed, damaged or destroyed thereon and to pay when due all claims for labor
performed and materials furnished therefore, to comply with all laws affecting said property or requiring
any alterations or improvements to be made thereon, not to commit or permit waste thereof; not to
commit, suffer or permit any act upon said property in violation of law; to cultivate, irrigate, fertilize,
2
PDA: Agree- 7201 Ash Street— Deed of Trust with Assignment of Rents
RLS 2001-0575
7-31-01
fumigate, prune and do all other acts which from the character or use of said property may be reasonable
necessary, the specific enumerations herein not excluding the general-
2) To provide, maintain and deliver to Beneficiary Fire Insurance satisfactory to and with
loss payable to Beneficiary. The amount collected under any fire or other insurance policy may be
applied by Beneficiary upon any indebtedness secured hereby and in such order as Beneficiary may
determine, or at option of Beneficiary the entire amount so collected or any part thereof may be released
to Trustor. Such application or release shall not cure or waive any default or notice of default hereunder
or invalidate any act done pursuant to such notice.
3) To appear in and defend any action or proceeding purporting to affect the security hereof
or the rights or powers of Beneficiary or Trustee; and to pay all costs and expenses, including cost of
evidence of title and attorney's fees in a reasonable sum, in any such action or proceeding in which
Beneficiary or Trustee may appear, and in any suit brought by Beneficiary to foreclose this Deed.
4) To pay, at least ten days before delinquency all taxes and assessments affecting said
property, including assessments on appurtenant water stock; when due, all encumbrances, charges and
liens, with interest, on said property or any part thereof, which appear to be prior or superior hereto; all
costs, fees and expenses of this Trust.
5) To pay immediatcly and without demand all sums so expended by Beneficiary or Trustee,
with interest from date of expenditure at the amount allowed by law in effect at the date hereof, and to
pay for any statement provided for by law in effect at the date hereof regarding the obligation secured
hereby any amount demanded by the Beneficiary not to exceed the maximum allowed by law at the time
when said statement is demanded.
B. It is mutually agreed:
1) That any award of damages in connection with any condemnation for public use of or
injury to said property or any part thereof is hereby assigned and shall be paid to Beneficiary who may
apply or release such moneys received by him in the same manner and with the same effect as above -
provided for disposition of proceeds of fire or other insurance.
2) That by accepting payment of any sum secured hereby after its due date, Beneficiary does
not waive his right either to require prompt payment when due of all other sums so secured or to declare
default for failure so to pay.
3) That at any time or from time to time, without liability therefore and without notice, upon
written request of beneficiary and presentation of this Deed, or a copy thereof, and without affecting the
personal liability of any person for payment of the indebtedness secured hereby. Trustee may: reconvey
any part of said property; consent to the making of any map or plat thereof; join in granting any easement
thereon, or join in any extension agreement or any agreement subordinating the lien or charge hereof
4) That upon written request of Beneficiary stating that all sums secured hereby have been
paid, and upon surrender of this Deed, or a copy thereof, and upon payment of its fees, Trustee shall
reconvey, without warranty, the property then held hereunder. The recitals in such reconveyance of any
matters or facts shall be conclusive proof of the truthfulness thereof. The Grantee in such reconveyance
may be described as "the person or persons legally entitled thereto."
_3
ADA: Agree: 7201 Ash Street— Deed of Trust with Assignment of Rents
RLS 2001-0575
7-31-01
5) That as additional security, Trustor hereby gives to and confers upon Beneficiary the
right, power and authority, during the continuance of these Trusts, to collect the rents, issues and profits
of said property, reserving unto Trustor the right, prior to any default by Trustor in payment of any
indebtedness secured hereby or in performance of any agreement hereunder, to collect and retain such
rents, issues and profits as they become due and payable. Upon any such default, Beneficiary may at any
time without notice, either in person, by agent, or by a receiver to be appointed by a court, and without
regard to the adequacy of any security for the indebtedness hereby secured, enter upon and take
possession of said property or any part thereof, in his own name sue for or otherwise collect such rents,
issues, and profits, including those past due and unpaid, and apply the same, less costs and expenses of
operation and collection, including reasonable attorney's fees, upon any indebtedness secured hereby, and
in such order as Beneficiary may determine- The entering upon and taking possession of said property,
the collection of such rents, issues and profits and the application thereof as aforesaid, shall not cure or
waive any default or notice of default hereunder or invalidate any act done pursuant to such notice.
6) That upon default by Trustor in payment of any indebtedness secured hereby or in
performance of any agreement hereunder, Beneficiary may declare all sums secured hereby immediately
due and payable by delivery to Trustee of written declaration of default and demand for sale and of
written notice of default and of election to cause to be sold said property, which notice trustee shall cause
to be filed for record. Beneficiary also shall deposit with Trustee this Deed and all documents evidencing
expenditures secured hereby.
After the lapse of such time as may then be required by law following the recordation of
said notice of default, and notice of sale having been given as then required by law, Trustee, without
demand on Trustor, shall sell said property at the time and place affixed by it in said notice of sale, either
as a whole or in separate parcels, and in such order as it may determine, at public auction to the highest
bidder for cash in lawful money of the United States, payable at time of sale. Trustee may postpone sale
of all or any portion of said property by public announcement at such time and place of sale, and from
time to time thereafter may postpone such sale by public announcement at the time fixed by the preceding
postponement. Trustee shall deliver to such purchaser its deed conveying the property so sold, but
without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts
shall be conclusive proof of the truthfulness thereof. Any person, including Trustor, Trustee, or
Beneficiary as hereinafter defined, may purchase at such sale.
After deducting all costs, fees and expenses of Trustee and of this Trust, including cost of
evidence of title in connection with sale, Trustee shall apply to proceeds of sale to payment of: all sums
expended under the terms hereof, not then repaid, with accrued interest at the amount allowed by law in
effect at the date hereof; all other sums then secured hereby; and the remainder, if any, to the person or
persons legally entitled thereto.
7) Beneficiary, or any successor in interest to any obligation secured hereby, may from time
to time, by instrument in writing, substitute a successor or successors to any Trustee named herein or
acting hereunder, which instrument, executed by the Beneficiary and duly acknowledged and recorded in
the office of the recorder of the county or counties where said property is situated shall be conclusive
proof of proper substitution of such successor Trustee or Trustees, who shall, without conveyance from
the Trustee predecessor, succeed to all its title, estate, rights, powers and duties. Said instrument must
contain the name of the original Trustor, Trustee and Beneficiary hereunder, the book and page where this
Deed is recorded and the name and address of the new Trustee.
8) That this Deed applies to, inures to the benefit of, and binds all parties hereto, their heirs,
legatees, devisees, administrators, executors, successors and assign. In this Deed, whenever the context
4
PDA: Agree: 7201 Ash Street— Deed of Trust .with Assignment of Rents
RLS 2001-0573
7-31-01
so requires, the masculine gender includes the feminine and/or neuter, and the singular number includes
the plural.
9) That Trustee accepts this Trust when this Deed, duly executed and acknowledged, is
made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending
sale under any other Deed of Trust or of any action or proceeding in which Trustor, Beneficiary or
Trustee shall be a party unless brought by Trustee.
10) Trustor agrees for itself, and its successors and assigns, and every successor to Trustor's
interest in the Property, or any part thereof that for sixty (60) years from the date this Deed of Trust is
recorded (the "Expiration Date"):
(a) Said property shall only be owned and occupied by persons or families of
"Median Income." "Median Income" shall mean persons or families earning One Hundred Percent
(100%) or less of Orange County median income, adjusted for appropriate family size.
(b) Said property shall be kept available at Affordable Housing Cost (as defined
below) to the Trustor or other persons or families of median income. Affordable Housing Cost shall
mean, as to each person or family of median income, that purchase price which would result in monthly
housing payments which do not exceed an amount under any currently prevailing conventional home
mortgage lending rates applied by any reputable institutional home mortgage lender, or the lending rates
of any government -subsidized or special mortgage program for which such persons or family qualifies
and has obtained a first trust deed loan, which do not exceed thirty percent (30%) of One Hundred Percent
(100%) of the Orange County monthly median income for those persons and families of median income
(as determined by the United States Department of Housing and Urban Development) earning not more
than One Hundred Percent (100%) of the Orange County median income.
(c) The covenant contained in this Section 10 shall run with the land and shall
automatically terminate and be of no further force or effect upon the Expiration Date.
11) No transfer of said property shall occur until the Beneficiary determines (a) that the- _
proposed purchaser intends to occupy said property as the proposed purchaser's principal residence, (b)
that the proposed purchaser is a person or family of median income, (c) that the proposed transfer occurs
at an Affordable Housing Cost. The Beneficiary shall not be obligated to approve a transfer until and
unless the proposed purchaser has submitted to the Beneficiary such information and completed such
forms as the Beneficiary shall request to certify the proposed purchaser's intent with respect to its
residency of said property and its gross income, and the proposed purchaser has submitted an affidavit
disclosing and certifying the amount of the proposed purchase price- Prior to conveyance of said
property, each approved purchaser shall submit to the Beneficiary an executed disclosure statement which
certifies that the purchaser is aware that the purchaser buying may only sell the unit at an Affordable
Housing Cost to a median income person or family, that the maximum permitted sales price may be less
than fair market value and that the unit must be owner -occupied at all times and cannot be rented or
leased.
TRUSTOR AND EACH SUCCESSOR, HEIR OR ASSIGN OF TRUSTOR
UNDERSTANDS THAT THE DETERMINATION OF THE AFFORDABLE HOUSING COS_ T CAN
BE MADE ONLY AT THE TIME OF THE PROPOSED TRANSFER, TAKING INTO
CONSIDERATION INTEREST RATES, THE TERMS OF SALE OFFERED TO AND THE
ECONOMIC CIRCUMSTANCES OF THE PROPOSED PURCHASER AND OTHER FACTORS
5
PDA: Aeree: 7201 Ash Street— Deed of Trust with As5ignmenl of Rents
Rt.S 2001.0575
7-31-01
THAT CANNOT BE ACCURATELY PREDICTED, AND THAT THE TRANSFER PRICE
PERMITTED HEREUNDER MAY BE LESS THAN THE FAIR MARKET VALUE OF THE
PROPERTY AND MAY NOT INCREASE OR DECREASE IN THE SAME MANNER AS OTHER
SIMILAR REAL PROPERTY WHICH IS NOT ENCUMBERED BY THIS RESTRICTION.
TRUSTOR AND EACH SUCCESSOR, HEIR OR ASSIGN OF TRUSTOR FURTHER
ACKNOWLEDGES THAT AT ALL TIMES IN SETTING THE TRANSFER PRICE THE PRIMARY
OBJECTIVE OF THE BENEFICIARY AND THIS DEED OF TRUST IS TO PROVIDE HOUSING TO
ELIGIBLE PERSONS OR FAMILIES AT AN AFFORDABLE HOUSING COST.
Trustor Initials
The covenant contained in this Section 11 shall run with the land and shall automatically
terminate and be of no further force or effect upon the Expiration Date.
12) Trustor 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, national origin or ancestry in the sale,
lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the said property, nor shall Trustor 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, Iessees, subtenants, sublessees, or vendees in said property.
Trustor and its successors and assigns, shall refrain from restricting the rental or lease (if
permitted by Trustor) or sale of said property on the basis of race, color, religion, sex, marital status,
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:
(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, marital status, 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, sublessee or vendees in the land herein conveyed. The foregoing covenants
shall run with the land."
(b) 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, religion, sex, marital status, 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 to 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."
6
PDA: Agree: 7201 Ash Street— Deed of "trust with Assignment of Rents
R[ S 2001-0575
7-31-01
(c) In contracts: "There shall be no discrimination against or segregation of, any
person, or group of persons on account of race, color, religion, sex, marital status, 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, sublessee or vendees of the premises."
Nothing in this Section 12 shall be construed to authorize the rental or lease of the
Property if such rental or lease is not otherwise permitted. The covenants in this paragraph shall run with
the land in perpetuity.
13) No violation or breach of the covenants, conditions, restrictions, provisions or limitations
contained in this Deed of Trust shall defeat or render invalid or in any way impair the lien or charge of
any mortgage or deed of trust or security interest.
14) All covenants without regard to technical classification or designation shall be binding
for the benefit of the Beneficiary and such covenants shall run in favor of the Beneficiary for the entire
period during which such covenants shall be in force and effect, without regard to whether the
Beneficiary is or remains an owner of any land or interest therein to which such covenants relate. The
Beneficiary, 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 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 Iaw or in equity at any time in perpetuity.
The undersigned Trustor requests that a copy of any notice of default and of any notice of sale hereunder
be mailed to him at his address hereinbefore set forth.
Signature of Trustor
Dated
STATE OF CALIFORNIA
COUNTY OF
On
before me,
Signature of Trustor
personally appeared
Personally known to me (or 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.
� n'NESS my hand and official seal.
Signature
(This area for official notarial seal)
7
PDA: Agree: 7201 Ash Street— Deed of Trust E%ith Assignment of Rents
RLS 2001-0575
7-31-01
•
•
DO NOT RECORD
TO THE CITY OF HUNTINGTON BEACH, TRUSTEE:
REQUEST FOR FULL RECONVEYANCE
The undersigned is entitled to the indebtedness secured by the foregoing Deed of Trust. Said indebtedness
secured by said Deed of Trust, have been fully paid and satisfied; and you are hereby requested and directed, on
payment to you of any sums owing to you under the terns of said Deed of Trust, to cancel any evidences of
indebtedness secured by said Deed of Trust delivered to you herewith, together with the said Deed of Trust, and to
reconvey, without warranty, to the parties designated by the terns of said Deed of Trust, all the estate now held by
you under the same.
Dated
Please mail Deed of Trust
and Reconveyance to
Do Not lose or destroy this Deed of Trust. It must be delivered to the Trustee for cancellation before reconveyance
will be trade.
Site Map
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RCA ROUTING SHEET
INITIATING DEPARTMENT:
Economic Development
SUBJECT:
Affordable Housing Covenant for
17201 Ash Street Condominium Project
COUNCIL MEETING DATE:
December 17, 2001
RCA ATTACHMENTS
STATUS
Ordinance (w/exhibits & legislative draft if applicable)
Not Applicable
Resolution (wlexhibits & legislative draft if applicable)
Not Applicable
Tract Map, Location Map and/or other Exhibits
Attached
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 Attome)
Not Applicable
Certificates of Insurance (Approved by the City Attomey)
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
( )
-lr--
EXPLANATION FOR RETURN OF ITEM:
RCA Author. HOLTZ (5901)
Hughes, Jeffrey
From: Hughes, Jeffrey
Sent: Tuesday, January 15, 2002 11:33 AM
To: Holtz, Steve
Subject: Two City Council Items from 12/17/01 Meeting
Hi Steve:
Still haven't heard anything regarding the following two items:
D-3. (City Council/Redevelopment Aaencv) Joint Public Hearina to Consider Aooroval of Amendments to the
Bowen Court Senior Apartments (1982-1986 Lake Street) Affordable Housing Project: (1) Disposition and
Development Aareement and (2) Ground Lease and (3) Approve a Buildina Fee Aareement between the Citv and
Bowen Court, L.P.
Question: Are these two amendments going to be recorded?
and
F-4. (City Council/Redevelopment Aaencv) Approve a Redevelopment Aaencv Affordable Housina Covenant for a
Six -Unit Condominium Project Located in the Oakview Neighborhood Enhancement Area at 17201 _Ash Street
(Developer, Westgate Homes, Ash Street, L.L.C.) /
Question: Has City Attorneys Office given the "OK" to execute and have recorded? rat
I'm hopin' for an update... thanks!
Jeffrey
x5260
0 •
L
CITY OF HUNTINGTON BEACH
InterOffice Communication
Economic Development Department
TO:
Honorable Mayor/Chairman and City Council
_N
C
Members/Redevelopment Agency Membersr'—
FROM:
Rav Silver. Citv Administrator/Executive Director
PREPARED BY:
David C. Biggs, Director of Economic Development/Deputy
Executive Director
W
c,
DATE:
December 17, 2001
SUBJECT:
Late Communication for Agenda Item F-4
Please accept this late communication of the PowerPoint Presentation that will be shown
for Agenda Item F-4: Request for Redevelopment Agency & City Council Approval of
an Affordable Housing Covenant for 17201 Ash Street.
Thank You.
I��co�mnuN�c�fia' FN
Request for
Redevelopment Agency &
City Council Approval of an
Affordable Housing Covenant for
17201 Ash Street
City of Huntington Beach
December 17, 2001
Agenda Item F-4
Ash Street
Condos
Construction Almost Complete on Six, New
Two -Bedroom Units.
• Originally Planned to be Apartments, Developer
Requested Approval to Sell As Condos In Exchange
for Affordability Restrictions.
• Affordability Required as Condition of Approval.
• Located on Ash Street in the Oakview
Neighborhood.
1
i
r€
t 8x1
IN
-Z 014,s
s.s.
Home Buyers Must Be Median -Income.
Sales Prices Must Be Affordable.
Homes May Not Be Rented.
Affordability For 60 Years.
No Financial Assistance Requested from City
or Redevelopment Agency. .. TO
Household Income Limits
Household Size
Median -Income
1
$51,600
2
$58,950
3
$66, 350
4
$73,700
2
Addressing
Housing
Needs
• Creates Six, New Affordable Units.
• Helps City Meet Regional Housing Needs
Assessment (RHNA) Target Numbers.
• Helps Redevelopment Agency Meet Affordable
Housing Production Requirements.
• Supports Home Ownership in the Oakview
Neighborhood.
1 . MR`,
Recommended
Action
Approve the Declaration of Conditions,
Covenants and Restrictions with Westgate
Homes, Ash Street, L.L.C., and Authorize
Its Execution and Recordation.
[*�df
511.
The End