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HomeMy WebLinkAboutHUNTINGTON INC. - RESALE RESTRICTIONS FOR 18831 HUNTINGTON S { qv -RECEPaD Recording requested by ) ----- and when recorded mail to: ) Recorded in Official Records, County of Orange - - --- ---- -` ) Darlene Bloom, Interim Clerk-Recorder CONNIE Y'OF HUONTINGTON BEACH WAY CITY Ri< IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINO FEE http:/hr,,Av.ci.huntington-beach.ca.us ) 20020410168 08:12am 06105IO2 P O BOX 190-2000 MAIN STREET 11 1 HUNTINGTON BEACH CA 92648 1 117 31 D02 8 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 This document is exempt from recording fees pursuant to Government Code Section 27383 DECLARATION OF CONDITIONS, COVENANTS AND tJ� RESTRICTIONS FOR PROPERTY (RE-SALE RESTRICTIONS) This Declaration of Conditions, Covenants-and Restrictions for-Property(the "Declaration") is made as of . May 6 , 2002, by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation("City" or "Covenantee") and 31/35/39 HUNTINGTON INC., a California corporation(the "Covenantor"). RECITALS A. Covenantor is fee owner of record of that certain real property (the "Site") located in the City of Huntington Beach, County of Orange, State of California legally described in the attached Exhibit "A". B. On September 6, 2001, the Planning Commission of City approved Tentative Parcel Map No. 01-151. City imposed conditions of approval on'the Project', requiring Covenantor to submit an Affordable Housing Agreement Plan(the "Declaration") for review and approval by the Department of Planning. The City further required that the plan or declaration shall provide one unit(10%of the total number of units)to be designated as affordable but has since acknowledged that the project is in the Holly-Seacliff Specific Plan and that plan requires 15%of the total number of units to be affordable housing for households earning less than 120% of the Orange County Median for a period of thirty years. 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 the property located at 18831 Huntington St., which is one of three condominiums constructed on 1 Council/Agency Meeting Held: Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Deniedq- y Clerk' ignature Council Meeting Date: May 6, 2002 Department ID Number: PL02-13 CITY OF HUNTINGTON BEACH C REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS- ZIy-' ,- -ti SUBMITTED BY: RAY SILVER, City AdministratorO2V PREPARED BY: HOWARD ZELEFSKY, Director of Planning SUBJECT: APPROVE AFFORDABLE HOUSING DECLARATION AND DEED OF TRUST FOR 31/35/39 HUNTINGTON INC. JFStatement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Transmitted for your consideration is a .request by 31/35/39 Huntington Inc. to approve an affordable housing declaration and deed of trust for a three unit condominium project on the, west side of Huntington Street, north of Main Street. The agreement will restrict one of the units to moderate-income households for a period of 30 years. Staff recommends that the City Council review and approve the affordable housing declaration and deed.of trust. Funding Source: Not applicable. Recommended Action: Motion to: "Approve the Declaration of Conditions, Covenants and Restrictions for Property (Attachment No. 1) and the Deed of Trust (Attachment No. 2) By and Between the City of Huntington Beach and 31/35/39 Huntington Inc., and authorize the Mayor and City Clerk to sign, execute and record." Alternative Action(s): The City Council may make the following alternative motion(s): "Continue the Declaration of Conditions, Covenants and Restrictions for Property and the Deed of Trust By and Between the City of Huntington Beach and 31/35/39 Huntington Inc. and direct staff accordingly." MEETING DATE: May 6, 2002 DEPARTMENT ID NUMBER: PL02-13 Analysis: A. PROJECT PROPOSAL: Applicant: Mr. Scott Goodman, 31/35/39 Huntington Inc., 17032 Palmdale St., Unit C., Huntington Beach, CA 92647 Location: West side of Huntington Street, north of Main Street The affordable housing declaration will restrict one unit in a three-unit condominium project to moderate-income households for a period of 30 years. The proposed unit has four bedrooms and consists of 1,784 square feet. The project was originally approved as an apartment project on March 8, 2000,.at which time the project was conditioned to comply with the affordable housing requirements. Subsequently, the applicant decided to build the three units as a condominium project. The tentative parcel map for the project was approved on September 5, 2001, again with the same affordable housing requirements. B. STAFF ANALYSIS AND RECOMMENDATION: The project is located in the Holly Seacliff Specific Plan (HSSP) area. The HSSP requires that all residential projects submit an affordable housing plan that provides for 15 percent of the units to be affordable to moderate-income households within the HSSP area. The proposed project complies with this requirement. The declaration specifies that one unit will be restricted to moderate-income households for a 30 year period. Moderate-income is defined as 120 percent of the County median income. Current Orange County median income data indicate that the maximum annual gross income for moderate-income five-person households is $97,950. The maximum sales price for the unit at this time, as calculated by the Economic Development Department, would be $362,470. The applicant has also submitted a deed of trust that will be recorded on the property. This will be a non-monetary, subordinate deed of trust that was requested by the Economic Development Department to ensure the City's authority to enforce the project's requirements during the term of the 30 year affordability period. The proposed documents will satisfy the affordable housing conditions, are consistent with City requirements and have been reviewed and approved by the City Attorney's Office. Therefore, staff recommends the City Council approve the declaration and the deed of trust. PL02-13 -2- 4/17/200210:24 AM MEETING DATE: May 6, 2002 DEPARTMENT ID NUMBER: PL02-13 Environmental Status: The subject request is not subject to the California Environmental Quality Act pursuant to Section 15061 (b) (3). Attachment(s): City Clerk's Page Number No. Description 1. Declaration of Conditions, Covenants and Restrictions 2. Deed of Trust RCA Authors: MBB PL02-13 -3- 4/17/200210:24 AM ATTACHMENT 1 LJO CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK May 20, 2002 Darlene J. Bloom County Clerk-Recorder P. O. Box 238 Santa Ana, CA 92702 Enclosed please find Declaration of Conditions, Covenants and Restrictions for Property (Re-Sale Restrictions)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 Declaration of Conditions when recorded.to this office in the enclosed self-addressed stamped envelope. Please Note: This document is time sensitive,please expedite through the recording process. Thank you. Jeffrey H es Deputy Cl Clerk 7 Enclosures gAollowup/misc...doc Declaration of Conditions—31/35/39 Huntington Inc. (Telephone:714-536-5227) Recording requested by ) and when recorded mail to: ) CONNIE BROCKWAY CITY CLERK ) CITY OF HUNTINGTON BEACH ) http:ltvhvw.ci.huntington-beach.ca.us ) P O BOX 190-2000 MAIN STREET ) HUNTINGTON BEACH CA 92648 (Space above for Recorders's Use) This document is exempt from recording fees pursuant to Government Code Section 27383 DECLARATION OF CONDITIONS, COVENANTS AND RESTRICTIONS FOR PROPERTY (RE-SALE RESTRICTIONS) This Declaration of Conditions, Covenants and Restrictions for Property (the "Declaration") is made as of May 6 , 2002, by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation("City" or"Covenantee") and 31/35/39 HUNTINGTON INC., a California corporation(the "Covenantor"). RECITALS A. Covenantor is fee owner of record of that certain real property (the "Site") located in the City of Huntington Beach, County of Orange, State of California legally described in the attached Exhibit "A". B. On September 6, 2001,the Planning Commission of City approved Tentative Parcel Map No. 01-151. City imposed conditions of approval on the Project,requiring Covenantor to submit an Affordable Housing Agreement Plan(the "Declaration") for review and approval by the Department of Planning. The City further required that the plan or declaration. shall provide one unit(10% of the total number of units)to be designated as affordable but has since acknowledged that the project is in the Holly-Seacliff Specific Plan and that plan requires 15%of the total number of units to be affordable housing for households earning less than 120% of the Orange County Median for a period of thirty years. The execution and recordation of this Declaration is intended to fully satisfy that condition. NOW, THEREFORE, the parties hereto agree and covenant as follows: I. 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 the property located at 18831 Huntington St.,which is one of three condominiums constructed on 1 the site, shall be designated as affordable and shall be held subject to this Declaration for thirty (30) years from the date of this agreement(the 'Expiration Date") as follows: (a) The affordable unit shall only be owned and occupied by Covenantor or by "Moderate Income Households." Moderate Income Households shall mean persons or families earning not more than One Hundred Twenty Percent(120%) 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 affordable unit shall only be sold at an "Affordable Housing Cost" to Moderate Income Households. Affordable Housing Cost shall mean the permitted gross sales prices of the unit 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 affordable unit and shall automatically terminate and be of no further force or effect upon the Expiration Date. 2. Transfer of Affordable units. No transfer of the affordable unit shall occur until the City determines (a)that the proposed purchaser intends to occupy the affordable unit as the proposed purchaser's principal residence, (b)that the proposed purchaser is a Moderate 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 affordable unit, Covenantor shall send written notice thereof to the City at the following address: City of Huntington Beach 2000 Main St. 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 affordable unit 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 affordable unit, 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 affordable unit may only sell the affordable unit at an Affordable Housing Cost to a Moderate Income Household,that the maximum permitted sales price may be less than 2 fair market value and that the affordable unit must be owner-occupied at all times and cannot be rented or leased. Covenanter 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 affordable unit,provided that the Covenantor shall not be obligated to 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 understands 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 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. Covenantor and each successor, heir, or assign of covenantor further acknowledges that at all times in setting 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. Convenantor's initials The covenant contained in this Section 2 shall run with the affordable unit 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, religion, sex, marital status, national origin or ancestry in the sale, lease, sublease,transfer, use, occupancy,tenure, or enjoyment of the affordable unit, nor shall Covenantor itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the affordable unit. Covenantor and its successors and assigns shall refrain from restricting the sale of the affordable unit on the basis of race, color, religion, sex, 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, religion, sex, marital status, national origin or ancestry in 3 the sale, lease, sublease, transfer, use, occupancy,tenure or enjoyment of the land herein conveyed, nor shall the grantee himself or herself or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed. The foregoing covenants shall run with the land." (b) In leases: "The-Lessee-herein covenants by and for himself and herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through him or her, that 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, use, occupancy, tenure or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person claiming under of 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." (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 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." 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. All covenants without regard to technical classification or designation shall be binding for the benefit of Covenantee and such convenants shall run in favor of Covenantee for the entire period during which time such covenants shall be in force and effect, without regard to whether the Covenantee is or remains an owner of any land or interests therein to which such covenants relate. The Covenantee, in the event of any breach of 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. 4 6. 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. 7. Applicable Law. (a) If any provision of this Agreement or portion thereof, or the application of any provision to any person or circumstances, shall to any extent be held invalid, inoperative, or unenforceable,the remainder of this-Agreement;or-the-application of such provision or portion thereof to any other persons or circumstances, shall not be affected thereby and it shall not be deemed that any such invalid provision affects the consideration for this Agreement; and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. (b) This Agreement shall be construed in accordance with the laws of the State of California. 8. Subordination to Trust Deeds. Notwithstanding any provision of this Declaration to the contrary, the covenants and agreements established in this Declaration at all times shall be junior and subordinate to the lien of any mortgage or deed of trust recorded by or on behalf of any lender to secure a loan for the acquisition or improvement of the Site, including without limitation any deed of trust recorded concurrently herewith. City agrees at no expense to City,to execute such documents as may be reasonably requested by Covenantor, and successor or assign to Covenantor's right,title and interest in and to all or any portion of the Site; or any lender of any such person subordinating City's rights and interest under this Declaration to the lien of any trust deed recorded or to be recorded by a lender securing a loan for the acquisition or improvement of the Site. Covenantor, Covenantor's successor or assign, or the benefitted lender shall be responsible for preparing the.document(s) creating such subordination of City's interest. IN WITNESS WHEREOF, City 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. CITY/COVENANTEE: CITY OF HUNTINGTON BEACH, APPROVED AS TO FORM: a municipal corporation Mayor Pro Tem y Attorn y 5 ATTEST: REVIEWED AND APPROVED: City Clerk City Adzenistrator - - INITIATED AND APPROVED: ing Director COVENANTOR: 31/35/39 HUNTINGTON, INC. a.California corpor on -By:zl. Scott Goodman,president 6 EXHIBIT "A" 18831 Huntington St.' The Property shall mean and refer to that certain real property located in the City of Huntington Beach, County of Orange, State of California, more particularly described as: - -- -One Third of the South Half of Lot 8 of Tract 37, as shown on a Map thereof recorded in Book 9, Page 34 of Miscellaneous Maps, records of said Orange County, California commonly known as 18831 Huntington St., Huntington Beach, CA CALIPORNIA ALL-PURPOSE ACKNOWLEDGMENT No.50pT State of CA FORNIA County of ORANGE On APRIL 8, 2002 before me, JOYCE ROLLINGs, NOTARY PUHLIC , DATE NAME.TITLE OF OFFICER-E.G.,-JANE DOE.NOTARY PUBLIC- personally appeared SCOTT GOOOMAN r ------ - - --------NAME(S)OFSIONEn(s) © 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 ac- knowledged 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 K person(s) acted, executed the instrument. JOYCE ROLLINGS 1� COMM. #1205254 0 • NOTARY PUBLIC-CALIFORNIA o �^ ORANGE COUNTY N ISS a an off ICI I seal. qi My Comm.Exp.Dec_18,2002 i SIONAT RE OF NOTA OPTIONAL Though the data below is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL. ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave..P.O.Box 7184•Canoga Park,CA 91309.7184 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Orange ) i On May 17, 2002 , before me, ---------Laura A. Nelson, Notary Public------- , Date Name and Title of officer(e.g.,'Jane Doe,Notary Public") personally appeared ---------------------Ralph Bauer and Connie Brockway----------------_------ Name(s)of Signer(s) ❑ personally known to me i2l proved to me on the basis of satisfactory evidence to be the perso (s whose nam (s are subscribed to thy"within instrument a�Td (AURA a NELSON acknowledged to me that he /they executed Commission# 1226066 ' Notary Public-California the same in 44e#le hei authorized Z Orange County capacit ies and that by Wai hei Mycomm.l�cpiresJul23,2003 signatur s n the instrument the perso (s the entit pon behalf of which the perso (s) acted, executed the instrument. WITNESS and and official seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Declaration of CC&R's(re-sale restrictions) 5/6/02 Document Date: Number of Pages: Signer(o) Other Than Named Above: 4Yem& J C n,j f AGr M!grl�t; /e�N Sid ffvt�"'d�e(( iy Capacity(Ws) Claimed by Signer Signer's Name: Ralph Bauer and Connie Brockway =•- ❑ Individual Top of thumb here E6 Corporate Officer—Title(s): Mayor Pro Tem and City Clerk ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact Thumbprints ❑ rustee in ❑ Guardian or Conservator book ❑ Other: Signer Is Representing: City of Huntington Beach 0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402•www.nationaW*Iary.org Prod.No.5907 Reorder:Call Toll-Free 1-BOo-87e-8927 the site, shall be designated as affordable and shall be held subject to this Declaration for thirty (30)years from the date of this agreement(the "Expiration Date") as follows: (a) The affordable unit shall only be owned and occupied by Covenantor or by "Moderate Income Households." Moderate Income Households shall mean persons or families earning not more than.One Hundred Twenty Percent(120%)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 affordable unit shall only be sold at an "Affordable Housing Cost" to Moderate Income Households. Affordable Housing Cost shall mean the permitted gross sales prices of the unit as set forth in the Affordable Housing Price/Income Guidelines or successor guidelines published,from time-to-time,by the City for such puipose. (c) , The covenant.contained in this Section 1 shall run with the affordable unit and shall automatically terminate and be of no further force or effect upon the Expiration Date. 2. Transfer of Affordable units. No transfer of the affordable unit shall occur until the City determines (a)that the proposed purchaser intends to occupy the affordable unit as the proposed purchaser's principal residence, (b)that the proposed purchaser is a Moderate 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 affordable unit, Covenantor shall send written notice thereof to the City at the following address: City of Huntington Beach 2000 Main St. 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 affordable unit 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 affordable unit, 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 affordable unit may only sell the affordable unit at an Affordable Housing Cost to a Moderate Income Household,that the maximum permitted sales price may be less than 2 fair market value and that the affordable unit must be owner-occupied at all times and cannot be rented or leased. Covenanter 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 affordable unit,provided that the Covenantor shall not be obligated to incur any out-of-pocket costs in connection.therewith, other than employee time dedicated to providing such assistance. i The covenantor and each successor, heir, or assign of covenantor understands 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 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. Covenantor and each successor,heir, or assign of covenantor further acknowledges that at all times in setting 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. . Convenantor's initials The covenant contained in this Section 2 shall run with the affordable unit 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, religion, sex, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy,tenure,or enjoyment of the affordable unit,nor shall Covenantor itself'or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the affordable unit. Covenantor and its successors and assigns shall refrain from restricting the sale of the affordable unit on the basis of race, color, religion, sex, 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,religion, sex, marital status, national origin or ancestry in 3 the sale, lease, sublease,transfer, use; occupancy,tenure or enjoyment of the land herein conveyed, nor shall the grantee himself or herself or any person claiming under or through him or her,establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed. The foregoing covenants shall run with the land." (b) In leases: "The Lessee herein covenants by and for himself and herself, his.or her heirs, executors, administrators and assigns,and all persons claiming under or through him or her, that 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, use, occupancy,tenure or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person claiming under of 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." (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 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." 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 Benefii of City. All covenants without regard to technical classification or designation shall be binding for-the benefit of Covenantee and such convenants shall run in favor of Covenantee for the entire period during which time such covenants shall be in force and effect, without regard to whether the Covenantee is or remains an owner of any land or interests therein to which such covenants relate. The Covenantee, in the event of any breach of 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. 4 6. 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. 7. Applicable Law. (a) If any provision of this Agreement or portion thereof, or the application of any provision to any person or circumstances, shall to any extent be held invalid,.inoperative, or unenforceable,the remainder of this Agreement, or the application of such provision or portion thereof to any other persons or circumstances, shall not be affected thereby and it shall not be deemed that any such invalid provision affects the consideration for this Agreement; and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. (b) This Agreement shall be construed in accordance.with the laws of the State of California. 8. Subordination to Trust Deeds. Notwithstanding any provision of this Declaration to the contrary,the covenants and agreements established in this Declaration at all times shall be junior and subordinate to the lien of any mortgage or deed of trust recorded by or on behalf of any lender to secure a loan for the acquisition or improvement of the Site, including without limitation any deed of trust recorded concurrently herewith. City agrees at no expense to City,to execute such documents as may be reasonably requested by Covenantor, and successor or assign to Covenantor's right, title and interest in and to all or any portion of the Site, or any lender of any such person subordinating City's rights and interest under this Declaration to the lien of any trust deed recorded or to be recorded by a lender securing a loan for the acquisition or improvement of the Site. Covenantor, Covenantor's successor or assign, or the benefitted lender shall be responsible for preparing the document(s) creating such subordination of City's interest. IN WITNESS WHEREOF, City 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. CITY/COVENANTEE: CITY OF HUNTINGTON BEACH, APPROVED AS TO FORM: a municipal corporation Mayor Pro Tem 07Y Attom y ATTEST: REVIEWED AND APPROVED: City Clerk City AdvfGstrator INITIATED AND APPROVED: 'ng Director COVENANTOR: 31/35/39 HUNTINGTON,INC. a California corpor on By: Scott Goodman,president 6 EXHIBIT "A" 18831 Huntington St. The Property shall mean and refer to that certain real property located in the City of Huntington Beach, County of Orange, State of California,more particularly described as: One Third of the South Half of Lot 8 of Tract 37, as shown on a Map thereof recorded in Book 9, Page 34 of Miscellaneous Maps,. records of said Orange County, California commonly known as 18831 Huntington St., Huntington Beach, CA C I RNIA ALL-PURPO KNOWLED •AL 1}O �AC GMENT No.sso, State of c FORa , County of ORANGE On APRIL 8. 2002 before me, JOYCE ROLLINGS, NOTARY PUBLIC DATE NAME,TITLE OF OFFICER-E.0,-JANE DOE,NOTARY PUBLIC' personally appeared SCOTr Gooa"M , NAME(S)OF SIONEn(S) ® 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 ac- knowledged 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. JOYCE ROLLINGS COMM. #1205254 r— g a NOTARY PUBLIC-CALIFORNIA o lfNESS t o an office I seal. ORANGE COUNTY ro ±� My Comm.Exp.Dec. 18,2002 I� { SIGNAT RE OF NOTA OPTIONAL Though the data below is not required by law,it may-prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT. SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmel Ave.,P.O.©ox 7184•Canoga Park,CA 91309.7184 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Orange On May 17, 2002 , before me, ---------Laura A. Nelson, Notary Public------- , Date Name and Title of Officer(e.g.,'Jane Doe.Notary Public') personally appeared -~~~--~-- Ralph Bauer and Connie Brockway Name(s)of Signer(s) ❑ personally known to me 0 proved to me on the basis of satisfactory evidence to be the perso (s whose nam (s are subscribed to twithin instrument a'Rd (AURA A.NMON acknowledged to me that hem/they executed Commission# 1226066 ` l Z -e; :�:. Notary Public-Co!iforrnia the same in -ieltle hei authorized Orange County capacit ies and that by '�.1 W hei T Comm.Bores i"(�' signatur s n the instrument the perso (s the entity Pon behalf of which the pegs (s) acted, executed the instrument. WITNESS and and official seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description.of Attached Document Title or Type of Document: Declaration of CCBR's(re-sale restrictions) 5/6/02 Document Date: Number of Pages: Signer(o) Other Than Named Above: 4Vetne• JCAAiE& Se. , es vodwila,n Capacity(Ws) Claimed by Signer Signer's Name: Ralph Bauer and Connie Brockway ❑ Individual Top of thumb here L1 Corporate Officer—Title(s): Mayor Pro Tem and City Clerk ❑ Partner—❑ limited ❑ General ❑ Attorney in.Fact Thumbprints ❑ rustee in ❑ Guardian or Conservator book ❑ Other: Signer Is Representing: City of Huntington Beach 0 1999 National Notary Association•9350 De Sao Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.naWmWctary.org Prod.No.5907 Reorder:Call TaFros 1-90"794827 r''1 ��a Do Nod X UESTED BY:E BROCKWAY CITY CLERKF HUNTINGTON BEACHX 190-2000 MAIN STREETNGTON BEACH CA 92648 �LA���p�pn' +''�C�MAIL TO: ) Iif-f� I V LUU� YVROCKWAY CITYCLERK.F NTINGTON BEACH -rX 190- 000 MAIN STREETGTON ACH CA 92648 Space Above this line for Recorder's Use DEED OF \67 ITH ASSIGNMENT OF RENTS I �IC' �� NG FORM) Sri This DEED OF TRUST,made M ,2002,between 31/35/39 HUNTINGT'ON INC. Ib CIA a California corporation , herein called Trustor,whose address is -�� 17032 PAIMALE STREET, UNIT C, HUNT' GTON BEACH, CA. 92647 s' THE CITY OF HUNTINGTON BEACH, herein call TRUSTEE; and the REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEAC erein called BENEFICIARY, �W'PT'15 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, desc ibed as: See Exhibit"A" attached hereto Together with rents, issues and profits thereof, subject however,to the X\�11t,power and authority hereinafter given to and conferred upon Beneficiary to collect and apply suc. rents, issues and profits for the purpose of securing(1)the payment of the sum of zero dollars($0.00), wi interest thereon according to the terms of a promissory note or notes of even date herewith made by Trustor ayable to the order of Beneficiary, and extensions or renewals thereof,(2)the performance of each agree\inest f Trustor incorporated by reference or contained herein,(3)payment of additional sums and thereon which may hereafter be loaned to Trustor,or his successors or assigns,when evidenced b1issory 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 repair,not to remove or demolish any buildin thereon;to complete or restore promptly and in good and workmanlike manner any building which may �e 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, fumigate,prune and do all other acts which from the character or use of said property may be reasonably necessary,the specific enumerations herein not excluding the general. APPROVED-AS TO FORM By: W ` DEP ATTORNEY JENQRATH 1 ' • 2) To pay,at least ten days before delinquency all taxes and assessments affecting said prope including assessments on appurtenant water stock;when due, all encumbrances, charges and liens,with ' terest, on said property or any part thereof,which appear to be prior or superior hereto; all costs,fees an expenses of this Trust. 3) T ay immediately and without demand all sums so lawfully expended by Beneficiary or Trustee,with interes rom date of expenditure at the amount allowed by law in effect at the date hereof, and to pay for any state ent provided for by law in effect at the date hereof regarding the obligation secured hereby any amou t demanded by Beneficiary not to exceed the maximum allowed by law at the time when said statement is emanded. B. It is mutually agreed- 1) That by accepting p . ment of any sum secured hereby after its due date,Beneficiary does not waive its right either to require pro, pt payment when due of all other sums so secured or to declare default for failure so to pay. 2) That upon written request o eneficiary stating that all sums secured hereby have been paid,and upon surrender of this Deed,or a cop thereof,and upon payment of its fees, Trustee shall reconvey,without warranty,the property then he hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive proof of the tru k fulness thereof. The Grantee in such reconveyance may be described as "the person or persons legally en 'tied thereto." 3) That as additional security,Trustor hereb ives to and confers upon Beneficiary the right,power and authority, during the continuance of these usts,to collect the rents, issues and profits of said property, reserving unto Trustor the right, prior to any fault by Trustor in payment of any indebtedness secured hereby or in performance of any agreemen hereunder,to collect and retain such rents, issues and profits as they become due and payable. Upon an}t such default, Beneficiary may at any time without notice,either in person, by agent,or by a receiver to be` pointed by a court, and without regard to the adequacy of any security for the indebtedness hereby secu ed, enter upon and take possession of said property or any part thereof, in his own name sue for or otherwise ollect such rents, issues and profits, 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 operty,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. 4) That upon default by Trustor in payment of any indebtedness secured ,ereby or in performance of any agreement hereunder,Beneficiary may declare all sums secured her �y immediately due and payable by delivery to Trustee of written declaration of default and demand for saYeand of written notice of default and of election to cause to be sold said property,which notice trustee shall c�use 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 e 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 a 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 \ea may postpone such sale by public announcement at the time fixed by the preceding Trustee shall deliver to such purchaser its deed conveying the property so sold, but without r warranty,express or implied. The recitals in such deed of any matters or facts shall be of of the truthfulness thereof. Any person, including Trustor,Trustee,or Beneficiary as ed, may purchase at such sale. Afte educting the costs,fees and expenses of Trustee and of this Trust, including cost of evidence of title in con ction with sale, Trustee shall apply the proceeds of sale to payment of all sums expended under the terms ereof, not then repaid,with accrued interest at the amount allowed by law in effect at the date hereof, all \ersums then secured hereby,and the remainder, if any,to the person or persons legally entitled there5) Beneficiary, ccessor in interest to any obligation secured hereby, may from time to time, by instrument in writing, subslitifte a successor or successors to any Trustee named herein or acting hereunder,which instrument, exec ted by the Beneficiary and duly acknowledged and recorded in the office of the recorder of the county or c nties where said property is situated shall be conclusive proof of proper substitution of such successor rustee or Trustees,who shall,without conveyance from the Trustee predecessor, succeed to all its title, esta - rights,powers and duties. Said instrument must contain the name of the original Trustor,Trustee and Bene ciary hereunder,the book and page where this Deed is recorded and the name and address of the new Trust 6) That this Deed applies to, inures to the b Tefit of,and binds all parties hereto,their heirs, legatees,devisees, administrators, executors, successors and assigns. In this Deed,whenever the context so requires,the masculine gender includes the feminine and/o3-neuter, and the singular number includes the plural. 7) That Trustee accepts this Trust when this Deed, dul �executed and acknowledged, is made a public record as provided by law. Trustee.is not obligated to notify aiy party hereto of pending sale. under any other Deed of Trust or any action or proceeding in which Truss r,Beneficiary or Trustee shall be a party unless brought by Trustee. 8) Trustor agrees for itself, its successors and assigns, and every ccessor to Trustor's interest in the Property,or any part thereof that for thirty(30)years from the date his Deed of Trust is recorded(the "Expiration Date"): (a) Said property shall only be owned and occupied by persons or �milies of "Moderate Income." "Moderate Income" shall mean persons or families earning one hundred twenty percent(120%)or less of Orange County median income,adjusted for appropriate family she. (b) Said property shall be kept available at Affordable Housing Cost(as\fned below)to the Trustor or other persons or families of moderate income. Affordable Housing Cost`shall mean, as to each person or family of moderate 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-five percent(35%)of one hundred twenty percent(120%)of the Orange County monthly median income for those persons and families of moderate income(as determined by the United States Departments of Housing and Urban Development)earning not more than one hundred twenty percent(120%)of the Orange County median income. (c) The covenant contained in Section 8 shall run with the land and shall automatic ly terminate and be of no further force or effect upon the Expiration Date. 9) o transfer of said property shall occur until the Beneficiary determines(a)that the proposed purchas intends to occupy said property as the proposed purchaser's principal residence,(b) that the proposed pu haser is a person or family of moderate income,(c)that the proposed transfer occurs at an Affordable Hous Cost. The Beneficiary shall not be obligated to approve a transfer until and unless the proposed purc ser has submitted to the Beneficiary such information and completed such forms as the Beneficiary shall req st to certify the proposed purchaser's intent with respect to its residency of said property and its gross inc e, and the proposed purchaser has submitted an affidavit disclosing and certifying the amount of the pro sed purchase price.Prior to conveyance of said property, each approved purchaser shall submit to the Ben�ciary an executed disclosure statement which certifies that the purchaser is aware that he purchaser ay only sell the unit at an Affordable Housing Cost to a moderate income person or family,that the maxi um permitted sales price may be less than fair market value and that the unit must be owner-occupied at a times and cannot be rented or leased. TRUSTOR AND EACH SUC SSOR,HEIR OR ASSIGN OF TRUSTOR UNDERSTANDS THAT THE DETERMIZTI OF THE AFFORDABLE HOUSING COST CAN BE MADE ONLY AT THE TIME OF THE PROP ED TRANSFER, TAKING INTO CONSIDERATION INTEREST RATES,THE TE OF SALE OFFERED TO AND THE ECONOMIC CIRCUMSTANCES OF THE PROPOSE\MARKET ASER AND OTHER FACTORS THAT CANNOT BE ACCURATELY.PREDICTED,AT THE TRANSFER PRICE PERMITTED HEREUNDER MAY BE LESS THAT T VALUE OF THE PROPERTY AND MAY NOT INCREASE O DECREE SAME MANNER AS OTHER SIMILAR REAL PROPERTY WHICH IS NOT ENCU \BY THIS RESTRICTION. TRUSTOR AND EACH SUCCESSOR,HEIR OR ASSIGN OF TR STOR FURTHER ACKNOWLEDGES THAT AT ALL TIMES IN SETTING THE T NSFER PRICE THE PRIMARY OBJECTIVE OF THE BENEFICIARY AND THIS DEED OF TRUST S TO PROVIDE HOUSING TO ELIGIBLE PERSONS OR FAMILIES AT AN AFFORDABLE HOUS COST. Trustor Initials The covenant contained in this Section 9 shall run with the land and hall automatically terminate and be of no further force or effect upon the Expiration Date. 10) Trustor covenants by and for itself, its successors and assigns, and all pers s claiming under or through them that there shall be no discrimination against or segregation of any per on 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, 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 he eirs,executors,administrators and assigns, and all persons claiming under or through them,that there shall no discrimination against or segregation of,any person or group of persons on account of race, color, re ion, sex, marital status,national origin or ancestry in the sale, lease, sublease,transfer, use, occupancy, \under ment of the land herein conveyed, nor shall the grantee himself or herself or any person claimrough him or her, establish or permit any such practice or practices of discrimination orith reference to the selection, location, number,use or occupancy of tenants, lessees, subtenanor 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, administratoNand 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 R discrimination against or segregation of any person or group of persons on account of race,color, eligion, sex,marital status, ancestry or national origin in the leasing, subleasing,transferring, use, occupa cy,tenure or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any persA, claiming under or through him or her,establish or permit any such practice or practices of discrimination orliegregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subles'Sees, subtenants or vendees in the premises herein leased." (c) In contracts: "There shall be no discrimination against or segregation of any person,or group of persons on account of race,color,religiorn,\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, sublessees or vendees of the premises." Nothing in this Section 10 shall be construed toauthorize 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. 11) 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 im\shal air the lien or charge of any mortgage or deed of trust or security interest. 12) All covenants without regard to technical classification or designationA�be binding for the benefit of the Beneficiary and such covenants shall run in favor of the Beneficiary fb he entire period during which such covenants shall be in force and effect,without regard to whether the)3`neficiary 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 iled to him at his address hereinbefore set forth. Signature of Trustor Signature of Trustor 31/35/39 HUNPINGTON INC BY: Dated: April 8, 2002 Scott Goodman, President STATE OF CALIFORNIA ) COUNTY OF ORANGE ) On APRIL 8, 2002 before me, YCE ROLLINGS NOTARY PUBLIC, SCOTT GOODMAN personally appeared and is personally known o me ) to be the person(s)whose name(s) isAm&subscr ed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their aut rized capacity(ies), and that by his/� signature(s) on the instrument the person(s)or the entity upon b alf of which the person(s)acted, executed the instrument. W ESS in and and offic' se � JOYCE ROLLINGS / C44 COMM. #1205254 NOTARY PUBLIC-CALIFORNIA o 3 ORANGE COUNTY n� My Comm.Exp.Dec. 18,2002 S1 atu Ir ,� f (This a a for official notarial seal) DO\.'kOT RECORD REQUEST FOR FULL RECONVEYANCE TO THE CI OF HUNTINGTON BEACH, TRUSTEE: The undersig ed is entitled to the indebtedness secured by the foregoing Deed of Trust. Said Indebtedness secured b aid Deed of Trust, have been fully paid and satisfied; and you are hereby requested and directed, on ayment to you of any sums owing to you under the terms of said Deed of Trust, to cancel any evidences of in ebtedness secured by said Deed of Trust delivered to you herewith,together with the said Deed of Trust,an to reconvey,without warranty,to the parties designated by the terms of said Deed of Trust, all the estate w held by you under the same. Dated: -AA!!i 17- a vo Z Z&eJ� Mayor Pro Tem Please mail Deed of Trust ATTEST: and Reconveyance to: Ci --Clerk 41 Do not lose or destroy this Deed of Trust. It must be delivered to th Trustee for cancellation before reconveyance will be made. APPROV S TO FORD By: DEPU TY ATTORNEY JENNIF. CGRATH EXHIBIT "A" 18831 Huntington St. The Pro erty shall mean and refer to that certain real property located in the City of Huntington B ch, County of Orange, State of California, more particularly described as: One Thir f the South Half of Lot 8 of Tract 37, as shown on a Map thereo ecorded in Book 9, Page 34 of Miscellaneous Maps, records of sai range County, California commonly known as 18831 Huntingto St., Huntington Beach, CA CA4,1FORNIA ALL-PURPOSE ACKNOWLEDGMENT i State California i ss. i County of range i' On May 17, 2 , before me, ---------Laura A. Nelson, Notary Public------- , Date Name and Title of officer(e.g., Jane Doe,Notary Public") i personally appeared ---- ---------------Ralph Bauer and Connie Brockway------------------------- , Names)of Signer(s) � El personally known to me 16 proved to me on the basis of satisfactory evidence to be the perso (s whose nam (s are '. LAURA a NELSON subscribed to thZr within instrument a 1 Commission# 1226066 Z acknowledged to me that he /they executed Notary Public-Ca'iiornia the sa a in 44W+ve hei authorized Orange County ca acit ies and that b 1 W hei My Comm.Expires Jul 23,2003 p y gnatur s n the instrument the perso (s th entity pon behalf of which the perso (s) act , executed the instrument. WITNE S and and official seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable t persons relying on the document and could prevent fraudulent removal and reattachment of this fo o another document. Description of Attached Document . Title or Type of Document: Deed of Trust w/Assignment (Rents Document Date: 516102 Number of Pag �L` `�•`� Signer(*) Other Than Named Above: **m4'w !? GovcQ�ah Capacity(!") Claimed by Signer Signer's Name: Ralph Bauer and Connie Brockway ❑ Individual Top of thumb here E6 Corporate Officer—Title(s): Mayor Pro Tem and City Clerk ❑ Partner-❑ Limited ❑ General ❑ Attorney in Fact Thumbp nts rustee in ❑ Guardian or Conservator book ❑ Other: Signer Is Representing: City of Huntington Beach 0 1999 National Notary Association•9350 to Soto Ave.,P.O.Box 2402•Chatsworth.CA 91313.2402•www.natbxlnotary.org Prod.No.5907 Reorder.Call Toll-Free 1-80"78.6827 RCA ROUTING SHEET INITIATING DEPARTMENT: Planning SUBJECT: Affordable Housing Declaration and Deed of Trust for 31/35/39 Huntington Inc. COUNCIL MEETING DATE: May 6, 2002 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorne ) 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 FORW RDED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM (Below • . For Only) RCA Author: MBB H > CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH Connie Brockway, City Clerk Office of the City Clerk Liz Ehring, Deputy City Clerk II To: Date: � a Meeting Date: 3 6 b-� Agenda Item: Proposed City Council Agenda Items: The City Clerk's Office/City Adminis ator's Office must return your agenda item.due to the following requirements that have not been met. Whe our Agenda Item is ready to resubmit,please return to: Elaine Kuhnke, Management Assistant, Admini ration 1. Signature(s)Needed A On RCA B On Agreement C Other 2. Attachments A Missing B Not identified C Other 14 711 3. Exhibits A Missing B Not identified C Other !r 4. Insurance Certificate(Proof O surance) A Not attached B Not approved by City Atto ey's Office C Signed form notifying City lerk that department will be responsible for obtaining insurance certificate on this item.(See form attached) 5. Wording On Requ t For Council Action(RCA)Unclear A Recommended A ion on RCA not complete B Clarification n!)v8ed on RCA C Other 6. City Attorney Approval Required 7. Agreement Needs To Be Changed A Page No. 8. Other Gapemia/misdreaform