HomeMy WebLinkAboutSHEA VICKERS DEVELOPMENT LLC AFFORDABLE HOUSING AGREEMENT - I [
AFFORDABILITY FEE AGREEMENT
THIS AFFORDABILITY FEE AGREEMENT("Agreement") is made by and between
SHEA HOMES SOUTHWEST, INC., an Arizona corporation and SHEA VICKERS
DEVELOPMENT, LLC, a Delaware limited liability company (collectively, the"Developer")
and THE CITY OF HUNTINGTON BEACH, a California municipal corporation(the "City").
PREAMBLE:
A. Developer received zoning approval from the City for the construction of a
planned development located in the City of Huntington Beach, Orange County, California,
including the twelve (12) Lots ("Properties")described as follows:
Lots 9, 13, 20, 26, 31, 36, 39, 44, 50, 56 and 62 of Tract No.
16180, as shown on a Subdivision Map ("Map'j Filed on April 6,
2001, in Book 815, Pages 1 to 9, inclusive, of Miscellaneous
Maps; and
Lot 3 of proposed Tract No. 15603, as shown on a Subdivision
Map Filed or to be Filed in Miscellaneous Maps, otherwise known
as that certain "Designated Remainder" shown on Sheet 3 of 9 of
the Subdivision Map Filed on April 6, 2 00 1, in Book 815, Pages 1
to 9, inclusive, of Miscellaneous Maps, each in the Office of the
Orange County Recorder.
B. City required Developer, as a condition of such approval,to sell the Properties at
an affordable rate and to subject them to resale restrictions to maintain the affordability of such
Properties for a period of thirty(30) years through the recording of that certain Declaration of
Conditions, Covenants and Restrictions for Property (Resale Restrictions) (the "Restrictions"),
on September 6, 2001, as Instrument No. 20010627189, in the Official Records of Orange
County("Official Records").
C. In connection with the loan approval process for some of the Affordable Lot
Owners, lenders were provided with a recorded copy of the Restrictions. The Federal National
Mortgage Association, a government-sponsored private corporation established pursuant to Title
VIII of the Housing and Urban Development Act of 1968 and its successors ("FNMA'), rejected
the Restrictions as not being in compliance with FNMA regulations and requested that the
Restrictions be amended so that they are subordinate to the lien of any first lender on Lots in the
Properties. Therefore,to ensure potential buyers of Lots in the Properties have the opportunity
for the most borrowing options and the best interest rates for home loans, Declarant requested
that the City approve language in that certain First Amendment to Declaration of Conditions,
Covenants and Restrictions for Property (Resale Restrictions) ("First Amendment"),that allows
for the subordination of the Restrictions to the lien of a first deed of trust recorded against a Lot
in the Properties. The First Amendment was entered into by and between Developer and the
City, and was recorded on Alk J q , 2001, as Instrument No. , oo j p$p `tf Li
of Official Records. t 3
-1- ALR35012898010001AGRMn452976.04
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trust, and(b)the City or Declarant shall not have cured or commenced to cure the default within
a thirty(30) day period and given its firm commitment to complete the cure in a form and
substance acceptable to the first lender.
This First Amendment and the Restrictions, as amended, 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 provisions in this First Amendment or the Restrictions to the
contrary, all of the provisions of this First Amendment and the Restrictions shall terminate and
have no further force and effect on the affected Affordable Lot upon the occurrence of one of the
following events: (a) Title is acquired by HUD, VA, FNMA or another party upon foreclosure of
a deed of trust insured by HUD or guaranteed by VA; (b)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(c) a deed of trust insured by HUD is assigned to HUD.
3. Miscellaneous Provisions.
3.1 Provisions Construed Together. All of the provisions of this First
Amendment shall be liberally construed together to promote and effectuate the fundamental
concepts of the Properties, as set forth in the Restrictions. Except as may be otherwise provided
in this First Amendment or the Restrictions, the rights and obligations of the Owners located in
the Properties shall be the same as the rights and obligations of the other Owners now or
hereafter affected by the Restrictions.
3.2 Provisions Severable. Notwithstanding the provisions of the
immediately foregoing Section, each of the provisions of this First Amendment shall be deemed
independent and severable, and the invalidity or partial invalidity of any provisions or portion
thereof shall not affect the validity or enforceability of any other provisions hereof.
3.3 Meaning of Terms. Except as otherwise expressly provided
herein, the capitalized words and phrases in this First Amendment shall have the same meanings
as defined in the Restrictions. As used in this First Amendment, all words in the masculine,
feminine, or neuter gender, or the singular or plural number shall be construed to include the
others, wherever the context so requires.
3.4 Captions. All captions or titles used in this First Amendment are
intended solely for convenience of reference and shall not affect the interpretation of any of the
terms or provisions of this First Amendment.
3.5 Counterparts. This First.Amendment 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.
3.6 Amendment. This First Amendment and the Restrictions may be
amended only with the prior written consent of the Declarant (for so long as Declarant owns any
of the Affordable Lots), the City, and each of the record owners of the Affordable Lots. Any
mortgagees of record for the Affordable Lots shall be notified of any proposed amendments and
be given thirty(30) days to approve or disapprove of such amendments,provided,however, that
SL,M29412898010001AMEND1452828.04
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the failure to respond within such 30 day period shall be deemed to be consent to the
amendment.
Declarant executed this First Amendment as of �e iem�v fb 32002
SHEA HOMES SOUTHWEST,INC.,
an Arizona corpora
By: 7
Name:
Title: V 1
By: 'C
Name: u,J.d d,G G . Me
Title:
"Declarant"
SHEA VICKERS DEVELOPMENT, LLC, a
Delaware limited liability company
By: Shea Homes Limited Partnership, a California
limited partnership, its Managing Member
By: J. F. Shea Co., Inc., a Nevada
corporati neral Partner
By. J n
Name:
Title:
By: C
Name: /es rJ��lJ e - �ll `z-LCr
APPROV D TO FORM
By: Title: Assistant Scwrctz,,.
DE CITY ATTORNEY "Shea Vickers"
JE } McGRATH
SLM2 9412 8 9 8 010 0 01AMEND1452828.04
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STATE OF CALIFORNIA }
ss.
COUNTY OF ORANGE )
On eA 41'Ji� p)06Z, before me, beet Hv L-k,i✓ -b0V" �
personally appeared L,5 Tyoyy)qs and V-pc) 1A G• (Y ee7 ' 1 er- s
personally known to me ) to be the persons
whose names are subscribed to the within instrument and acknowledged to me that they executed
the same in their authorized capacities, and that by their signatures on the instrument the persons,
or the entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
BETH A.HUTCHINSON
Commission#1303862 Z
Z0mycomm-WIMS
Notary�Pn9 �y Public California Notary Public in and for said State
Maya,2005
(SEAL)
STATE OF CALIFORNIA
}
ss.
COUNTY OF ORANGE }
On ) , before me, 90 Q- A , ova
personally a eared 1,e and G.
f�[ n5
p Y pp 5 T1noMq� f]��Q1 1Y1eA'z 1er s
personally known to me to be the persons
p Y ( }
whose names are subscribed to the within instrument and acknowledged to me that they executed
the same in their authorized capacities, and that by their signatures on the instrument the persons,
or the entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
BETHA.HUTCHiNSON
Commission#1303862 z
z Notary Public-California 9 _
Z Omnge County Notary Public in and for said State
My Comm.EVires May 8,2006
(SEAL)
SLM29412898010001AMEND1452828-04
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The City executed this First Amendment as of 209
CITY OF HUNTINGTON BEACH,
a California municipal corporation
B Cr .
Mayor
ATTES
City Clerk
APPROVED AS TO FORM:
/— —a
REVIEWED AND APPROVED
c2my jL—I •r t
City A inistrator
INITIA D AND APPROVED:
Pl King Director
it0ty ,
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE ) j� AW/Vc
Onkqo before e
personally appeared andor
personally known to me ( to be the perso s
whose names are subscribed to the within instrument and acknowledged to me that they executed
the same in their authorized capacities, and that by their signatures on the instrument the persons,
or the entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
r �
KELLY LOUSE MANDIC Notary lic in and for said State
(SEAL) Commission# 1372;99 Z
Notary Public - California f
Orange County
MvCorrun,Expires Sep 1,20Q6
SLM29412898010001AM END145282&.04
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0 i
The Affordable Lot Owners hereby consent to this First Amendment:
Date: 2002 By: `
Laurie M. Masto
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE }
On --�\ 2;)"-`! 2 , before me, ,
personally appeared LAURIE M. MASTO, personally known to me (or proved to me on the
basis of satisfactory evidetzce) to be the person whose name is subscribed to the within
instrument and acknowledged to me that she executed the same in her authorized capacity, and
that by her signature on the instrument the person, or the entity upon behalf of which the person
acted, executed the instrument.
WITNESS my hand and official seal.
1
�V t
�o`t'a7"P' ublic in and for said State
(SEAL)
PAMELA D. CARROLL
COMMJ 1343470
OTARY PUBLIC-MIFORNIA
ORANGE COUNTY
My Comm.Expires March 5,2008
SLM294128980\0001AMEND1452828.04
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The Affordable Lot Owners hereby consent to this First Amendment:
Date: , 2002 By: CV2 W- �- -9 1 L�;
Phillip V. Masto
STATE OF CALIFORNIA }
ss.
COUNTY OF ORANGE )
On f� 7 , off-before me, tAAr?,+x
personally appeared PHILLIP S. MASTO, e (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 executed the same in his authorized capacity, and that by his
signature on the instrument the person, or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal.
OM M.u BOREru.c
IM6M Notary Public in and for said State
(SEA^ Notes Aubft-coffMft
My Comm.C Jam.2M
5 L.M29412898010001AMEND1452 828.04
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D. Notwithstanding City's agreement to include subordination language within the
First Amendment, the City has expressed concerns regarding the potential loss of affordable Lots
in the Properties encumbered by the Restrictions following a foreclosure.
E. To mitigate the possibility of losing affordable Lots due to a foreclosure of a first
lien on a Lot in the Properties, City and Developer have agreed to execute this Affordability Fee
Agreement to provide available funds for use by the City to cure a default and prevent a Lot in
the Properties from being sold without being encumbered by the Restrictions.
NOW, THEREFORE,in consideration of the foregoing recitals and the covenants
and conditions set forth hereinbelow, and for good and valuable consideration, the receipt and
sufficiency of which is acknowledged, City and Developer hereby agree as follows:
1. Advance Affordability e. Within fifteen(15) days of the City Council's
approval of the First Amendment,Developer shall pay the City the sum of Four Hundred Dollars
and No/100 ($400.00) ("Affordability Fee")for each Lot in the Properties, which is a total of
Four Thousand Eight Hundred Dollars and No/100 ($4,800.00). This amount shall be used by
the City as more particularly set forth herein,to finance efforts to ensure that a Lot located in the
Properties is not foreclosed on by any first lender so as to eliminate the Restrictions as an
encumbrance against such Lot.
2. Use of the Affordability Fee. The City shall be entitled to use the Affordability
Fee as follows:
(a) In the event City receives notice from a first lender that an owner of a Lot
in the Properties is in default under any certain promissory note and deed of trust executed by
such owner with said first lender, City may utilize a portion of the Affordability Fee to pay for
those certain Reimbursable Costs (defined below).
(b) Subject to the limitations set forth below,in the event Developer receives
notice from a first lender that an owner of a Lot in the Properties is in default under any certain
promissory note and deed of trust executed by such owner with said first lender, Developer shall
notify City as soon as practicable.
(c) As more particularly set forth in the Restrictions, a deed of trust will be
recorded by the City against each Lot in the Properties which will secure the obligations of the
owner of each respective Lot to reimburse the City for any costs paid by them to cure a default
by such owner,under a purchase money loan and/or deed of trust securing same.
3. Reimbursable Costs. It is presently contemplated that the type of costs which will
be reimbursed shall include,but are not limited to, only those costs actually incurred to negotiate
with the first lender to avoid having the Lot be sold at a trustees sale or be subject to a judicial
foreclosure, or purchase such Lot at a foreclosure sale, or pay the beneficiary consideration in
exchange for a deed in lieu of foreclosure, or pay reasonable attorneys' fees incurred by the City
as a result of efforts to enforce the provisions of this Agreement or to cure a default as noted
herein.
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4. Right to Cure. The City has the right to cure defaults as set forth above within
thirty(30) days after receipt of a notice of default from the first lender of such Lot in the
Properties, and may negotiate with the lender for a longer time period to cure the default if
necessary to pursue all reasonable efforts to avoid a foreclosure of such Lot.
5. Notices. Any notices required to be given to either party hereto with respect to
this Agreement shall be sent by(a) first class mail, (b) facsimile transmission,or(c)personal
delivery, to the following parties at the following addresses:
To the City: City of Huntington Beach
2000 Main Street
Huntington Beach, California 92648
Attn: Director of Economic Development
Copy To: City of Huntington Beach
2000 Main Street
Huntington Beach, California 92648
Attn: City Attorney
To Developer: Shea Homes
603 So. Valencia Blvd.
Brea, California 92823
Attn: Ron Metzler
Copy To: Jackson DeMarco &Peckenpaugh
2030 Main Street, Suite 1200
Irvine, California 92614
Attn: Sheri L. Marvin, Esq.
The effective date of any notice or written communication sent by one party to the other
shall be the date received if by personal service, or forty-eight (48)hours after deposit in the U.S.
mail, as reflected by the official U.S. postmark. Notices or written communications received by
facsimile shall be deemed received the next business day following the transmittal. Either party
may,by notice given hereunder, designate any further or different address to which subsequent
notices or other communications hereunder shall be sent. In the event any party utilizes a
facsimile to transmit signed documents, the receiving party may rely upon such documents as if
they bore original signatures. The transmitting party shall, within seventy-two (72)business
hours of transmission, provide the other party with such documents bearing the original
signatures. Documents necessary for recording, however, must bear original signatures, as non-
original (facsimile) signatures will not be accepted for recordation by the County Recorder.
6. Successors and Assigns. This Agreement shall be binding upon and inure to the
benefit of each of the parties and their respective successors and assigns, except for retail
purchasers of Lots in the Properties from Developer. Developer shall have the right to assign its
rights and obligations under this Agreement with respect to the Properties as a whole or any part
thereof without requiring the consent of the City;provided,however,that any such whole or
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partial assignment shall not be effective as to the City unless and until(a)the City receives
written notice of the name and address of any such assignee of Developer, and(b)Developer
furnishes the City evidence of such assignee's assumption hereunder.
7. InteMretation. This Agreement shall be construed according to its fair meaning
and as if prepared by both parties hereto. Any rule of law(including Civil Code Section 1654)
or legal decision that would require interpretation of any ambiguities in this Agreement against
the party that has drafted it is not applicable and is hereby waived. This Agreement shall be
governed in accordance with the laws of the State of California.
S. No Waiver. Waiver by either party hereto of a breach of any of the covenants or
agreements to be performed by the other party as provided for herein shall not be construed as a
waiver of any succeeding breach of the same or other covenants or agreements herein.
9. No Third Party Beneficiaries. This Agreement is made and entered into for the
sole protection and benefit of the parties and applicable successors and assigns. No other person
shall have any right of action based upon any provision of this Agreement.
14. Amendment. This Agreement may only be amended by subsequent written
agreement executed by all parties.
11. Severability. If any term, provision condition or covenant of this Agreement or
the application thereof to any party or circumstance shall, to any extent, be held invalid or
unenforceable, the remainder of this instrument, or the application of such term, provision,
condition or covenant to persons or circumstances other than those as to whom or which it is
held invalid or unenforceable, shall not be effected thereby, and each term or provision of this
Agreement shall be valid and enforceable to the fullest extent permitted by law.
12. Further Assurances. Each party agrees to cooperate with the other party, at no
additional cost to such party, and to execute such additional instruments and documents as may
be reasonably necessary or proper in order to carry out the provisions of this Agreement.
13. Attorney's Fees. In any action or proceeding between the parties arising or
related to the terms of this Agreement, each party shall bear its own attorney fees and costs and
expenses. The "prevailing party" shall not be entitled to recover its costs of suit.
14. Time of the Essence. Time is of the essence of each and every provision of this
Agreement of which time of performance is a factor.
15. Titles and Captions. Titles and Captions are for convenience only and shall not
constitute a portion of this Agreement.
16. Counterparts. This Agreement may be executed in counterparts, each of which
shall be deemed an original, but which together shall constitute a single agreement.
[Signatures on Following Page]
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0 0
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
52002.
SHEA HOMES SOUTHWEST, INC.,
an Arizona co
By:
Name: Les- T
Title: V tj
By:
Name: c . A-Itt•`z c tYzr
Assistant Seerctarj
Title:
"Developer"
SHEA VICKERS DEVELOPMENT, LLC, a
Delaware limited liability company
By: Shea Homes Limited Partnership, a California
limited partnership, its Managing Member
By: J. F. Shea Inc. a Nevada
Y Co.,
corporation, it eneral Partner
By:
Name:
Title: yr"
By. C
Name: er,-,,140 C . --
Assistant S-crc -J
Title:
"Developer"
ApP D AS TO FORM
BY:
D U CITY ATTORNEY
,! NNI R MCGRATH
-�- ALR35012898010001AGRMT452976.04
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STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On a_ 1 ,dUC7 before me, `�" L U r ,
personally appeared ,2 and eo w)d
personally known to to be the persons
whose names are subscribed to the within instrument and acknowledged to me that they executed
the same in their authorized capacities, and that by their signatures on the instrument the persons,
or the entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
A. oNSON
commission 0 13(i3852
z
Notary Public-Califominz a y
Orange county Notary Public in and for said State
My Comm,E*ires May 8,M
(SEAL)
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
b' AWZ, before me, A.
personally appeared 7hc)fn4 5 and IZQw td G. z
personally known to me ( ) to be the persons
whose names are subscribed to the within instrument and acknowledged to me that they executed
the same in their authorized capacities, and that by their signatures on the instrument the persons,
or the entity upon behalf of which the persons acted, executed the instrument.
WITNESS m hand and official seal.
Y
BEfHA.HUTCHINSON
Commission#1303862
? Notary Public-Californiay '' _ - ---
z Orange County Notary Public in and for said State
My Comm.moires May 8,2005
(SEAL)
-6- ALR35012898010001AGRMT1452976.04
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0 •
[SIGNATURES TO AFFORDABILITY FEE AGREEMENT]
CITY OF HUNTINGTON BEACH,
a Califbrn�k muni4pal corporati n
By: 6#1&� ;i6
Mayor
ATT T:
Ouoe,�- '
City Clerk
APPROVED AS TO FORM:
PA
,;j(jo., C1 A torraey
REVIEWED AND APPROVED
6p.- 5A
City A inistrator
INITIA AND APPROVED:
PlaffnW Director
«Gat,
-7- ALR3 5012 8 9 8 0100 01AGRMT1452976.04
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r
s
4
RECORDING REQUESTED BY: Recorded in Official Records, County of Orange
Tom Daly, Clerk-Recorder
��r��l II�I�I�IIII�NI III�III�IIIII�IIlIllilllll llf 1111�J II�II 1N0 FEE
2003000524140 09:14am 05/08/03
213 86 D02 22
WHEN RECORDED, MAIL TO: 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
CITY OF HUNTINGTON BEACH
2000 Main Street
Huntington Beach, CA 92648
Attn: 'City Clerk
(Space Above for Recorder's Use)
FIRST AMENDMENT TO
DECLARATION OF CONDITIONS, COVENANTS AND
RESTRICTIONS FOR PROPERTY(RESALE RESTRICTIONS)
THIS FIRST AMENDMENT TO DECLARATION OF CONDITIONS,
COVENANTS AND RESTRICTIONS FOR PROPERTY(RESALE RESTRICTIONS) ("First ..�
Amendment')is made by and between SHEA HOMES SOUTHWEST, INC., an Arizona
corporation("Declarant'), as successor-in-interest to SHEA VICKERS DEVELOPMENT, (
LLC, a Delaware limited liability company("Shea Vickers') and THE CITY OF
HUNTINGTON BEACH, a California municipal corporation("City ). Declarant and the City
may be collectively referred to herein as the"Parties."
PREAMBLE:
A. Declarant is the record owner of certain real property located in the City of
Huntington Beach, County of Orange, State oft California that is described on Exhibit A attached
hereto.
B. Shea Vickers is the record owner of certain real property located in the
City of Huntington Beach, County of Orange, State of California that is described on Exhibit B
attached hereto.
C. Individual owners,whose names are set forth on Exhibit C hereto, are the
record owners of the real property located in the City of Huntington Beach, County of Orange,
State of California that is described on Exhibit C (collectively, the "Affordable Lot Owners").
The real property described in Preamble Paragraphs A,B and C and shown on Exhibits A, B and
C attached hereto shall be collectively referred to herein as the "Properties,"which consist of(i)
Lots 9, 13, 20, 26, 31, 36, 39, 44, 50, 56 and 62 of Tract No. 16180, as shown on a Subdivision
Map Filed on April 6,2 00 1, in Book 815,Pages 1 to 9, inclusive, of Miscellaneous Maps
("Map'), in the Office of the Orange County Recorder, and (ii) Lot 3 of proposed Tract No.
15603, as shown on a Subdivision Map Filed or to be Filed in Miscellaneous Maps, otherwise
known as that certain "Designated Remainder" shown on Sheet 3 of 9 of the Map.
5LM29412898010001AMEND1452 828.04
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D. The Parties entered into that certain Declaration of Conditions, Covenants
and Restriction for Property(Resale Restrictions) ("Restrictions"), which was recorded on
September 6, 2001, as Instrument No. 20010627189, in the Official Records of Orange County
("Official Records"). The Restrictions establish, among other things, that certain residential
Lots, designated as"Affordable Lots,"be sold at an "Affordable Housing Cost," as defined in
the Restrictions. Pursuant to the Restrictions, all subsequent transfers of Affordable Lots must
be made at the Affordable Housing Cost until the Expiration Date set forth in the Restrictions.
E. On March 15, 2002, Declarant recorded that certain Declaration of
Covenants, Conditions and Restrictions and Reservation of Easements for The Tides(the
"Declaration's, as Instrument No. 20020217730 in Official Records. The Declaration
establishes a general plan for the protection, improvement and maintenance of all real property
which may be made subject to the Declaration.
F. In connection with the loan approval process for the Affordable Lot
Owners, lenders were provided with a recorded copy of the Restrictions. The Federal National
Mortgage Association, a government-sponsored private corporation established pursuant to Title
VIII of the Housing and Urban Development Act of 1968 and its successors ("FNMA"), rejected
the Restrictions as not being in compliance with FNMA regulations and requested that the
Restrictions be amended so that they are subordinate to the lien of any first lender on Lots in the
Properties. Therefore,to ensure potential buyers of Lots in the Properties have the opportunity
for the most borrowing options and the best interest rates for home loans, Declarant requested
that the City approve language in this First Amendment that allows for the subordination of the
Restrictions to the lien of a first deed of trust recorded against a Lot in the Properties, and the
City has agreed to such amended provisions as set forth herein.
G. The Parties to this First Amendment are the original Parties to the
Restrictions, and have the right to amend the Restrictions with the approval of the Affordable Lot
Owners, which consent is evidenced by their execution of this First Amendment.
THEREFORE, THE PARTIES HEREBY DECLARE THAT THE
RESTRICTIONS ARE AMENDED AS FOLLOWS:
1. Incorporation of Recitals. The Parties hereby incorporate the Recitals set
forth above in to this First Amendment as if fully restated herein.
2. Subordination. Notwithstanding any other provision hereof, the
provisions of the Restrictions 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 in the event of default 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 set forth in
the Restrictions shall be forever terminated and shall have no further effect as to the Lot
foreclosed on or any transferee thereafter;provided, however, if the holder of such first lender's
deed of trust acquired title to the Lot pursuant to a deed or assignment in lieu of foreclosure, the
Restrictions shall automatically terxninate upon such acquisition of title;provided that(a)the
City and Declarant have been given written notice of default under such first lender's deed of
SLM294128980\0001P.MEND1452828.04
07/25/02
The Affordable Lot Owners hereby consent to this First Amendment:
Date: , 2002 By:
Tung T. Tr
By:
y Cang
STATE OF CALIFORNIA )
} Ss.
COUNTY OF ORANGE }
On1(—
qr Q-- , before me,
personally appeared TUNG T. TRAN and JENNY LONG, per me (or proved to
me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the
within instrument and acknowledged to me that they executed the same in their authorized
capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of
which the persons acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in or said State
(SEAL)
PATIYJN��Z
Co�r�ioi�R t3p69��
-� P r Pwft.Cr�rr,"
Orsrgs GouAly
My Comm.�irea Aup 16,2iDOQ
SLM294128980%0001AMEND1452828.04
07/25/02
The Affordable Lot Owners hereby consent to this First Amendment:
Date: ��bV�Fue.� , 2002 B
Theresa R: Wi
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
QnCU GvlY�, before me, 1L ,
personally appeared THERESA R. WINFREY,personally known to (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 she executed the same in her authorized capacity, and
that by her signature on the instrument the person, or the entity upon behalf of which the person
acted,executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
(SEAL)
x
KKJ -.
APPROVED AS TO FORM
JEN IFER bpGRATK City Amon
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Ajut City Atbomw
S LM29412898010001AMEND1452828.04
07/25/02
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA )SS
COUNTY OF_
On r before me,
personally appeared .S
personally!mown to me(or provcd4D me on the basis of satisfacto evidence)to be the person(e,)whose name t bscribed to the within instrument
and acknowledged to me that UIEShe executed the same in ' a t authorized capaciry�and that b er signature(( on the instrument
the personkor the entity upon behalf of which the person( act ecuted the instrument.
WITNESS my hand Id official al.
FAITH MAIgEI+1BACH
Signature
Corntnissinnil J332148
Notary Public-Calitosseia i
Orange County
area W E t'2005
OPTIONAL SECT
ION
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the
document.
[INDIVIDUAL
[ ] CORPORATE OFFICERS) TITLE(S)
[ ] PARTNER(S) - [ ]LIMITED [ 1 GENERAL
[ ] ATTORNEY-IN-FACT
[ ] TRUSTEE(S)
[ ] CUARDIANICONSERVATOR
[ ] OTHER
SIGNER IS REPRESENTING:
Name of Person or Entity Name of Person or Entity
OPTIONAL SECTION
Though the date requested here is not required by law, it could prevent fraudulent reattachment of this form.
THIS CERTIFICATE MUST BE ATTACHEDTO THE DOCUMENT DESCRIBED BELOW
TITLE OR TYPE OF DOCUMENT: t-I ,4Awei,,Jln�r �U 2 C�Od rC� G 'p �.0 3 i�tS ODW l Ct j "5 CAL
NUMBER OF PAGES DATE OF DOCUMENT iL ich y
SIGNER(S) OTHER THAN NAMED ABOVE_ /� G�r '� lri C i 0
The Affordable Lot Owners hereby consent to this First endment:
Date: — ,2002 By:0Q
-
Sall _ A s
STATE OF CALIFORNIA }
ss.
COUNTY OF ORANGE )
Q der L1NE , before me, ! 901 Vory PU08 ,
personally appeared SALLY K. ADAMS, personally known to me (or proved to me on the basis
of satisfactory evidence) to be the person whose name is subscribed to the N%zthia instrument and
acknowledged to me that she executed the same in her authorized capacity,and that by her
signature on the instrument the person,or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal.
Not Public in and for said State
(SEAL)
YEN P ao `
� C�nmrfas�a,s,9z,76+
fioParY PublSc--Gafihrm�. �_
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APPROVED AS TO FORM
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SLM29�28999 00 IAMEND1452828.04
�' 07J25M
CALIFORNIA ALL-PURPOSE ACKNOWLED 3MENT
F[ State of California
SS.
�
ty of A/e
On �'�� before me, ��
Date Name and Tr or Officer(e.g.,"Jane Doe,Notary Public')
personally appeared
Name(s)of Signer(s) ws
❑ personally known to me
roved to me on the basis of satisfactory
evidence
to be the person(g whose name( isla0k<
subscribed to the within instrument and
acknowledged to me that h4lshe/th*executed
the same in h)k/herlthXr authorized
JERRYA.HORN capacity(0�'), and that by hglherlthW
cornrr>Worl# 1218885 signature(s)on the instrument the person( or
Notary Public-Califamia the entity upon behalf of which the person('
oronge County acted, executed the instrument.
�YCmmExpkesMw10,23M
WITNESy hand and Icia al. J
Place Notary Seal Above Sign u of Notary Public
I
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
fi, Title or Type of Document: 4VA*1W L-t— Z�077 AyA6e — Go�/Se+y� 7
/S c7►E/��lE "T-
Document Date: /Z` Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual Top of thumb here
❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General
❑ Attorney in Fact
Trustee )
❑ Guardian or Conservator
❑ Other:
r
Signer Is Representing:
C#1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91 31 3-24 02 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827
The Affordable Lot Owners hereby consent to this First Amendment:
Date: ] 2-1 , 2002 By:
Steven eed
B (gb
Y
Robin Reed
STATE OF CALTFORNIA )
} ss.
COUNTY OF ORANGE }
On D--, ,�,ew Z 29 before me, Sy\ec:� A, S yy\i Ili f--
personally appeared STEVEN REED and ROBIN REED,personally Down to me (or proved to
me on the basis of satisfactory evidence)to be the persons whose names are subscribed to the
within instrument and acknowledged to me that they executed the same in their authorized
capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of
which the persons acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
(SEAL)
SHEA A,WUjr
012$381A
Y kift.-
Orange Courily
My Cornet, IVpv 11,�70+1
SLM29412898010001AMEND1452828.04
07/25/02
The Affordable Lot Owners hereby consent to this First Amendment:
Date. V� ,2002 By:
Ky Mai
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On Z— ,before me,
personally appeared KY MAI,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 she executed the same in her authorized capacity, and that by her
signature on the instrument the person, or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal.
t;Z679162ADW WM f
— Qnn�pA i 196dr11�
Notary Public in and for said State
(SEAL)
SLM29412898010001AMEND1452828.04
07/25/02
The Affordable Lot Owners hereby consent to this First Amendment:
Date: 2002 By:
Jae Lee
By:
Kmg-eee
STATE OF CALIFORNIA }
ss.
COUNTY OF ORANGE )
On tJ ay'e-rnla-c� � before me, Yen rG 1�r; rl ,
personally appeared JAE LEE and HYUNG LEE, (or proved to me on
the basis of satisfactory evidence)to be the persons whose names are subscribed to the within
instrument and acknowledged to me that they executed the same in their authorized capacities,
and that by their signatures on the instrument the persons, or the entity upon behalf of which the
persons acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
(SEAL)
KAREN ERRiNGTON I
a com#1351334
�j NOTARY pUBLIC-CAI.F MIA
rn ORANGE O MW
W Comm.Explr Apr.14,2006
S1.M2 9 412 8 9 8010 0 01AMEND1452828.04
07/25/02
The Affordable Lot Owners hereby consent to this First Amendment:
Date: ]f` - , 2002 By:.- -
Robert Melnick
Cecilia Melnick
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On C� , . , before me, T
personally appeared ROBERT MELNICK and CECILIA MELNICK, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the persons whose names are
subscribed to the within instrument and acknowledged to me that they executed the same in their
authorized capacities, and that by their signatures on the instrument the persons, or the entity
upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and f said State
(SEAL)
ILSE M. BoyKIN
CoMMbsion# 1291709
"�'ArMeW��
P*��� 4,�
S LM29412898010001AMEND1452 828.04
07/25/02
The Affordable Lot Owners hereby consent to this First Amendment:
Date: Vo/ , 2002 By:
Ky Mai
STATE OF CALIFORNIA ]
Ss.
COUNTY OF ORANGE )
Ong; ;'; i c'z— ,before me, -1 �4 o i "�
personally appeared KY MAI,personally mown 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 she executed the same in her authorized capacity, and that by her
signature on the instrument the person, or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal.
+am TRM
GaneriAoeE#1 "
'�'""' 1°' ►• Notary Public in and for said State
(SEAL)
SLM294128980%OWAMEND1452828.04
07/25/02
The Affordable Lot Owners hereby consent to this First Amendment:
Date: r t _�.� �, 2002 By:
Mo . Ngu en
By:
Le-Hong Nguye
STATE OF CALIFORNIA }
} ss.
COUNTY OF ORANGE }
On 4} Y L�r ,before me,
personally qppeared MO D. NGUYEN and LE-HOMY NGUYEN,personall mown to me(or
proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed
to the within instrument and acknowledged to me that they executed the same in their authorized
capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of
which the persons acted, executed the instrument.
WITNESS my hand and official seal.
PHUONG BICH DZUONG -
Q Comm.#1259939 �
NOTARY PUBLIC-CALIFORNIA p''
Q 7_ ORANGE COUNTY Notary Public in d for said Stat
My Comm,&pis April C.2004
(SEAL)
SL.M29412898010001AMEND1452828.04
07/25/02
The Affordable Lot Owners hereby consent to this First Amendment-
Date: , 2002 By: �L
Robin Bau
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )On N od. Ao. ,.Zao�,before me, �Y AlioT�� uB�,
personally appeared ROBIN BAUER,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 she executed the same in her authorized capacity, and that by her
signature on the instrtirnent the person, or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal.
c=AN4N BARKER Comrtdealon 0 13�@788 NotaryPub!�A and for said State
r NoWy PW*-CabrnW
(SEAL) Lft Anodu C°uray
CorrNt► We,
SLM294128980%WO0 AMEND1452828.04
07/25/02
EXHIBIT A
AFFORDABLE LOTS OWNED BY DECLARANT
All that certain real property located in the City of Huntington Beach, County of
Orange, State of California,more fully described as follows:
Lots 39, 44, 50, 56 and 62 of Tract No. 16180, as shown on a
Subdivision Map ("Map" Filed on April 6, 2001, in Book 815,
Pages 1 to 9, inclusive, of Miscellaneous Maps, in the Office of the
Orange County Recorder.
5LM294128980%0001AMEND1452828.04
0?l2902
EXHIBIT B
AFFORDABLE LOTS OWNED BY SHEA VICKERS
All that certain real property located in the City of Huntington Beach, County of
Orange, State of California,more fully described as follows:
Lot 3 of proposed Tract No. 15603, as shown on a Subdivision
Map Filed or to be Filed in Miscellaneous Maps, otherwise known
as that certain"Designated Remainder" shown on Sheet 3 of 9 of
the Subdivision Map Filed on April 6,2001, in Book 815, Pages 1
to 9, inclusive, of Miscellaneous Maps, in the Office of the Orange
County Recorder.
SLM2941289801000\AMEND1452828.04
07/25/02
EXHIBIT C
AFFORDABLE LOTS OWNED BY INDIVIDUALS
All that certain real property located in the City of Huntington Beach, County of
Orange, State of California, more fully described as follows:
Lots 9, 13, 20, 26, 31, 36, 39, 44, 50, 56 and 62 of Tract No. 16180, as shown on
a Subdivision Map Filed on April 6, 2001, in Book 815, Pages 1 to 9, inclusive, of Miscellaneous
Maps, in the Office of the Orange County Recorder.
Owners of the individual Affordable Lots are as follows:
Lot 9: Laurie M. Masto, a single woman
Lot 13: Phillip S. Masto, a single man
Lot 20: Tung T. Tran and.fenny Cong, husband and wife as joint tenants
Lot 26: Steven Reed and Robin Reed,husband and wife as joint tenants
Lot 31: Ky Mai, a single man
Lot 36: Sally K. Adams, an unmarried woman
Lot 39: Mo D. Nguyen and Le-Hong Nguyen, husband and wife as joint tenants
Lot 44: Robin Bauer, a single woman
Lot 50: Jae Lee and Hyung Lee,husband and wife as community property with the right
of survivorship
Lot 56: Robert Melnick and Cecilia Melnick,husband and wife as joint tenants
Lot 62: Theresa R. Winfrey, an unmarried woman
SLM294128980%"\AMENM452828.04
07/25/02
Council/Agency Meeting Held: o/!
Deferred/Continued to:
Approved ❑ Conditionally Approved 0 Denied City Clerk's Signat
Council Meeting Date: February 18, 2003 Department ID Number: PL03-05
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION
4
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: RAY SILVER, City Administrator®v,)b
PREPARED BY: HOWARD ZELEFSKY, Director of Planning
SUBJECT: APPROVE FIRST AMENDMENT TO AN AFFORDABLE HOUSING
AGREEMENT AND APPROVE AFFORDABILITY FEE AGREEMENT
FOR SHEA HOMES SOUTHWEST, INC (The Tides Project)
Statement of Issue,Funding Source, Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue:
Transmitted for your consideration is a request by Shea Homes Southwest, Inc. to approve
the first amendment to the affordable housing agreement for a 77 unit multi-family project, of
which 12 units are restricted to moderate income households for a period of 30 years. The
project is located east of Goldenwest Street and north of Summit Drive. The original
agreement was approved by the City Council in 2001. The agreement has been revised to
include subordination language to facilitate the ability of buyers to obtain Fannie Mae
financing. In conjunction with the subordination language, the City requires that the
developer create an escrow account to be used to cure loans in the event of foreclosure so
that units remain affordable. Staff recommends that the City Council approve the amended
affordable housing agreement and the fee agreement to create the escrow account.
Funding Source: Not applicable.
Recommended Action:
Motion to:
1. "Approve the First Amendment to Declaration of Conditions, Covenants and Restrictions
for Property By and Between the City of Huntington Beach and Shea Homes Southwest, Inc.
and authorize the Mayor and City Clerk to sign, execute and record (Attachment No. 1), and "
2. "Approve the Affordability Fee Agreement By and Between the City of Huntington Beach
and Shea Homes Southwest, Inc. and authorize the Mayor and City Clerk to sign and
execute (Attachment No. 2)."
MEETING DATE: February 18, 2003 DEPARTMENT ID NUMBER: PL03-05
Alternative Action(s):
The City Council may make the following alternative motion(s):
"Continue the First Amendment to Declaration of Conditions, Covenants and Restrictions for
Property and Affordability Fee Agreement By and Between the City of Huntington Beach and
Shea Homes Southwest, Inc., and direct staff accordingly."
Analysis:
A. PROJECT PROPOSAL:
Applicant: Shea Homes Southwest, Inc., PO Box 1509, Brea, CA 92822
Location: Northeast corner of Goldenwest Street and Summit Drive
The amended affordable housing agreement adds subordination language to facilitate
available financing for buyers. There are no changes to the number of affordable units or the
term of affordability (Attachment No. 1). The affordablility fee ..agreement provides for an
escrow account in the amount of $4,800 that can be used to cure a default in the event of
foreclosure so that units remain affordable to moderate income buyers:
The Tides project was approved by the Planning Commission on April 11, 2000. The multi-
family project consists of 77 units, of which 12 are restricted to moderate income households
for a period of 30 years. On August 20, 2001, the City Council approved the affordable
housing agreement for the 12 units.
B. STAFF ANALYSIS AND RECOMMENDATION:
In connection with the loan approval process for some of the affordable units within The
Tides project, the original affordable housing agreement was rejected by lenders because it
was not consistent with Fannie Mae (FNMA) regulations. The regulations require that
affordable housing restrictions be subordinated to. the lien. of the first lender. Therefore, to
facilitate purchases for affordable buyers and to ensure that they have access to the best
available interest rates, the developer requested that the affordable housing agreement be
amended to include a subordination clause.
In the event of foreclosure, this clause subordinates the City's affordability requirements to
the lien on the property. The result is that the affordability requirement is terminated after a
foreclosure. The subordination clause provides for the City to receive written notice of
default and allows for the City to financially participate to cure or commence to cure the
default in 30 days.
The affordability fee agreement establishes an escrow account for the project. In the event
of default, monies from the account could be used to cure a loan rather than allow a unit to
go into foreclosure. This is funded by the developer and would be managed by the
PL03-05 -2- 1/29/2003 8:20 AM
MEETING DATE: February 18, 2003 DEPARTMENT ID NUMBER: PL03-05
Economic Development Department. The total amount of the account, as determined by the
Economic Development Department, will be $4,800. This figure assumes that the City's
potential exposure or net cost in the event of a foreclosure would be approximately $400 per
unit. All interest will accrue to the account.
In 1999, the City Council approved this same approach for the Cape Ann and Promenade
projects, both of which are fully restricted to moderate income households. Staff believes
that the terms of the amended affordable housing agreement and the affordability fee
agreement protect the City's interests and ensure that the City's goal of maintaining an
affordable housing inventory is fulfilled. The proposed agreements have been reviewed by
the City Attorney's Office and the Economic Development Department. Staff recommends
the City Council approve the affordable housing agreement and affordability fee agreement.
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. Amended Affordable Housing Agreement
2. Affordability Fee Agreement
RCA Authors: MBB
PL03-05 -3- 1/29/2003 8.20 AM
ATTACHMENT 1
CITY OF
L 3
U�tVGTO�E CH
2000 MAIN STREET CALIFORNIA 92W
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
May 14, 2003
Tom Daly
County Clerk-Recorder
P. O. Box 238
Santa Ana, CA 92702
Enclosed please find the Agreement,Assignment of Development Agreement and Partial
Assumption Agreement together with Confirmation and Consent to be recorded and
returned to the City of Huntington Beach, Office of the City Clerk, 2000 Main Street, Huntington
Beach, CA 92648.
We are enclosing a copy of this document to be conformed. Please return the conformed
copies of the Agreements when recorded to this office in the enclosed self-addressed stamped
envelope.
We are also enclosing a copy of this document to be conformed. Please return the conformed
copies of the Agreements when recorded and return to Larry Brose, 660 Newport Center Drive,
#1050 Newport Beach, CA 92660. Thank you
6z�axlj
Connie Brockway, CIVIC
City Clerk
Enclosures:, 1. (a) Original Agreement, (b).Original Assignment of Development Agreement
and (c) Original Partial Assumption Agreement together with Confirmation and Consent
2. Copy to be conformed (City Clerk)
3. Copy to be conformed ((Larry Brose)
Re: William Lyon Homes, Inc. approved by Council May 5, 2003.
(Telephone:714-536-5227)
�, CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA92648'
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
cL
FebR=y 6, 2003 -
Tom Daly, Recorder ���zr 3yf .,� •. / /
County Clerk-Recorder
P.O. Box 238
Santa Ana, CA 92702
�4�5
En asasedd please find the Dead to be recorded and returned to the City of Huntington
Beach, Of Rce Clerk, 2000 Main Street, Huntington Beach, CA 92648.
Please return a conformed;opy of th en re 's office in
the enclosed self-addressed stamped envelope.
Connie Brockway, CMC
City Clerk
Enclosures
Re: Shea Vickers Development— Declaration of Conditions, Covenants
{Telephone:714-5 36-5 227)
Brockway, Connie
To: McGrath, Jennifer
Subject: Shea Homes Affordable Housing Agreement
Jennifer, I will be calling Linda at Shea Homes today about how she and Ron Metzler fixed up the Affordable Housing
Agreement relative to the two parties taking a copy of the document to the new notaries and doing it over again and then
sending us the new pages. It is in your department being checked because I did not want to piece the agreement together
as Ron Metzler had spoken to you, and your dept has to check it again prior to me recording.
Please let me know if it is ok now and if you will have someone call I'll come get it. Thank you.Connie
1
Brockway, Connie
To: McGrath, Jennifer
Subject: Ron Metzler-Shea Homes
Mr. Metzler has submitted material which he hopes will remedy the problem associated with the inability of the Recorder to
record the Affordable Housing Agreement amendment for the Tides project. The document could not be recorded due to
notary seal deficiencies of outside notaries which caused rejection by the Orange County Recorder.
I have just received a communication from Mr. Metzler together with material which he hopes will remedy the agreement,
although the other parties did not follow the instructions he gave.
Mr. Metzler spoke with your office last week as to how to ensure this document is recorded. Please review the material he
submitted together with the original document I am providing for your approval. I will deliver the documents to your office.
Your office approved them to form prior to the March Council meeting at which time the item was approved, however due
to the changes on signature pages I am providing them to your office for approval.
Connie-City Clerk
f
H
CITY OF HUNTINGTON BEACH
Inter-Department Communication
TO: CONNIE BROCKWAY, City Clerk ^°
W
FROM: JENNIFER MCGRATH, City Attorney93 ;=w;
N
Z:; L
DATE: February 26,2003 °Q o
x
SUBJECT: First Amendment to Shea Affordable Housing Agreement
(The Tides project) >
Thank you for your memorandum regarding the First Amendment to the affordable housing
agreement for The Tides project, and the Affordability Fee Agreement.
The date of execution of the First Amendment by the developer has been inserted. Please
proceed with recordation as soon as possible. Hopefully, the faintness of the notarial seal will
not present an obstacle.
A notarial acknowledgement form has been attached to the Afford-ability Fee Agreement. The
blanks in this document cannot be filled in until the recorded date and instrument number for the,
First Amendment have been received by the Recorder. Apparently,this document does not need
to be recorded(see Recommended Action No. 2 of the'RCA approved February 13, 2003).
However, you may wish to contact Mr. Zelefsky of the Planning Depar tent to confirm whether
he would like you to record the Affordability Fee Agreement.
Please contact me if you have any further questions.
JENNIFER MCGRATH,
City Attorney
Ik
gdafflmemWfirst rhea
,III CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
TO: City Attorney
FROM: Connie Brockway, City Clerk
SUBJECT: Attached
DATE: February 24, 2003
Please determine if you wish the City Clerk's Office to proceed with recordation of this
document approved by Council on 2/18/03 as it may be rejected due to the faded notarial
stamp (see yellow stickee).
If you wish the Clerk's Office to attempt to record, please ensure that the date entered
into the agreement is affixed as it was left blank.
Also, per the joint meeting between our departments please affix the acknowledgement
forms on the Affordability Agreement for the notary. Please fill in the blanks on Page 1,
as the Notary cannot notarize documents containing blanks. Am I correct that the
Affordability Agreement is not to be recorded, or attached to the document we are
recording?
Please return as soon as possible so that the Clerk's Office can proceed with the item.
Thank you.
SheaHomes
Caring since 1881
Ms. Connie Brockway, CMC
City Clerk
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Reference: The Tides Tract 16180
First Amendment to Declaration of Conditions, Covenants and
Restrictions for Property(Resale Restrictions)
Connie,
Enclosed please fed two packages for the above referenced Amendment from Theresa R.
Winfrey and Sally K. Adams. These are the two for which it was necessary to obtain notary
signatures as the County Recorder determined the original notary documents were not legible
enough to record.
You will see that both Ms. Winfrey and Ms. Adams signed directly over their signature on the
copy of the original document, then obtained notarization for the second original signature. Both
Ms. Winfrey and Ms. Adams took it upon themselves to handle the situation in this manner, even
though they did receive your instructions. Neither of there could locate the notaries that had
documented their original signatures.
Rather than delay this any longer, we are respectfully requesting that the County Recorder
process and record the First Amendment to Declaration of Conditions, Covenants and
Restrictions for Property (Resale Restrictions) with these revised signature pages and original
notary documentation.
Considering the enormous delay the County Recorder caused in processing this matter, we
additionally request that this entire document be hand-carried and processed with high priority.
Thank you for your help. if you have any questions or comments,please don't hesitate to call.
Sincerely,
C 4
Ronakd C.Metzler,Vice President
Planning and Development
RCM:Im
Enc. oil
Our vision . . . to build the best homes and finest communities for our customers.
603 South Valencia Avenue, Suite 200, Brea, California 92823
tel: 714-985.1300 fax: 714.792.2500
www.sheahotyles.com/scal/
y x '
The Affordable Lot Owners hereby consent to this First Amendment:
Date: 3V�.��, � , 2002 B -41
�rT
Theresa R. Wirr
STATE OF CALIFORNIA }
ss.
COUNTY OF ORANGE }
On '�before me, ' E 1LIQ
personally appeared THERESA R. WINFREY,personally known to {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 she executed the same in her authorized capacity, and
that by her signature on the instrument the person, or the entity upon behalf of which the person
acted,executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
(SEAL)
ni.
SLM29412898010001AMEND1452828.04
07/25/02
The Affordable Lot Owners hereby consent to this First Amendment:
Date: - 2002 By:
Sall . A s
STATE OF CALIFORNIA }
} ss.
COUNTY OF ORANGE }
on Water V} ,before me, P.Do, May PabliC ,
personally appeared SALLY K. ADAMS,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 she executed the same in her authorized capacity, and that by her
signature on the instrument the person, or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal.
No Public in and for said State
(SEAL)
`1fiN R tl4
s Commiisfanl�371'i[rK. z
1 Ndit1Y PUbIiC--C�IMOITS'.
fl(Il�p Ci01il7t} _
Yy C4mT.&IpNltl�s�22.2005
sLM29412898010001AMEND1452828.04
OV25102
Brockway, Connie
From: Brockway, Connie
Sent: Friday, April 18, 2003 8:13 AM
To: McGrath, Jennifer
Subject: Ron Metzler-Shea Homes
Mr. Metzler has submitted material which he hopes will remedy the problem associated with the inability of the Recorder to
record the Affordable Housing Agreement amendment for the Tides project. The document could not be recorded due to
notary seal deficiencies of outside notaries which caused rejection by the Orange County Recorder.
I have just received a communication from Mr. Metzler together with material which he hopes will remedy the agreement,
although the other parties did not follow the instructions he gave.
Mr. Metzler spoke with your office last week as to how to ensure this document is recorded. Please review the material he
submitted together with the original document I am providing for your approval. I will deliver the documents to your office.
Your office approved them to form prior to the March Council meeting at which time the item was approved, however due
to the changes on signature pages I am providing them to your office for approval.
Connie-City Clerk I
hf1muro Bt
c�.,�p-T�3 �1-�►c�i as� �S'� Oil�lJ�r�./ �{.�{�r`�
f�
72, i67'r-5 y d 0- 0 TM E-4^ le c ma /r
W
APPROVED As TO FORM
JENNIFER McGRATH,CftyA*=q
By AJ D'
Awbunt Ck Atkmw
F
RETURN ADDRESS: DAD
y,b . bou 1 q o/a uoa V1-E,;n L)r.
w-D BAR 27 2103
Regretfully your unrecorde \3�Nfy- Pr d. naming
together with your remittance of$ N /t� , Ck. No.
is being returned as your document is deficient in the area(s) indicated below:
(1) The recorder can find no provision,in the law authorizing the recording of the enclosed
document(s).
(2) Recording cannot be performed in this county. Please forward your document to
County Recorder.
(3) For proper indexing:
a. "Et al" is not acceptable;all parties must be named.
b. The name of the company,corporation or partnership must be at the signature
point.
c. The trustee of a trust must be identified as such.
d. The names in the caption, execution and notary acknowledgment must match.
e. The caption of the document and signature point need to identify who the
custodian/agent represents
(4) The Documentary Transfer Tax declaration must be completed to show either the amount of tax
due or an acceptable reason for exemption. (See enclosed bulletin.) If there.is "No
consideration," document must so state.
(5) The city where the property is located or"unincorporated area," is required on the deed and the
tax declaration must indicate how the.tax was computed.
(6) The preliminary change of ownership report is required. Please complete or correct the areas
marked in red.
(7) The notary acknowledgment is incomplete (please see red mark)or is on are outdated form. A
"General Acknowledgment"form is required. (See enclosed sample.)
(8) The notary seal is illegible. You may have the notary restamp the document clearly or you may
complete the enclosed certification under the penalty of perjury. "
2 statemoni te.' I i;; aae theiPe- --
(9) Portion(s) of the document are illegible (please see red mark). You may execute and submit a
new original, or complete the enclosed certification under penalty of perjury. Adding the
"Penalty of Perjury" statement will increase the fee by$
(10) The legal description/exhibit has been omitted. All exhibits must be referenced in the body of
the document and appropriately labeled.
(11) Recording reference (date and document number or book and page) of the prior recorded
document is incorrect or was omitted.
(12) Abstracts of judgment must contain the address of the judgment creditor(s), the address of the
judgment debtor(s) and the address at.which the summons was served or mailed.
(13), Pursuant to Government Code sections 27288.1 and 27201, all parties whose interest is
affected must be named and identified (i.e. owner etc.).
(14) To properly perfect a security interest, this UCC-1 must be filed with the Secretary of State,
Uniform Commercial Code Division, P.O. Box 1738, Sacramento, CA 95808, unless it is a
"fixture filing" pursuant to UCC section 9313. Any Financing Statement covering fixtures must
include a statement that it is a fixture filing to be recorded in the real estate records, a
description of real property in Orange County and, if the debtor does not own the real property,
the name of the owner.
RETURN ADDRESS: DL
L��nt �tXt�ltlfi�f'n�Y,��CYI `
YA.`�DYl�iOIaL`.OU
�kun U gait K"MAR 27 2W
�1rrr,. �-�1 rf�c4twiy[
Regretfully your unrecorded NSV d. CC QJa naming �hta
together with your remittance of$ N/l�, ,Ck.No,
is.being returned as your document is deficient in the area(s)indicated below:
(1) The recorder can find no provision.in the law authorizing the recording of the enclosed
document(s).
(2) Recording cannot be performed in this county-Please forward your document to
_County Recorder.
(3) For proper indexing:
a. "Et al"is not acceptable;all parties must be named.
b. The name of the company,corporation or partnership must be at the signature
point.
c. The trustee of a trust must be identified as such,
d. The names in the caption,execution and notary acknowledgment must match.
e. The caption of the document and signature point need to identify who the
custodian/agent represents
(4) The Documentary Transfer Tax declaration must be completed to show either the amount of tax
due or an acceptable reason for exemption.(See enclosed bulletin.)If there is"No
consideration,"document must so state.
(5) The city where the property is located or"unincorporated area,"is required on the deed and the
tax declaration must indicate how the tax was computed.
(6) The preliminary change of ownership report is required-Please complete or correct the areas
marked in red.
(7) The notary acknowledgment is incomplete(please see red mark)or is on an outdated form.A
J "General Acknowtedgmenf"form is required-(See enclosed sample.)
(6)\ The notary seal is illegible-You may have the notary restamp the document clearly or you may
3eo�S 1 complete the enclosed certification under the penalty of perjury,
state��r+ti�A insrease the fee-t:gr•4'
(9) Portion(s)of the document are illegible(please see red mark). You may execute and submit a
new original,or complete the enclosed certification under penalty of perjury.Adding the
"Penalty of Perjury"statement will increase the fee by$
(10) The legal description/exhibit has been omitted.All exhibits must be referenced in the body of
The document and appropriately labeled.
(11) Recording reference(date and document number or took and page)of the prior recorded
document is incorrect or was omitted.
(12) Abstracts of judgment must contain the address of the judgment creditor(s),the address of the
judgment debtor(s)and the address at.which the summons was served or mailed.
(13). Pursuant to Government Code sections 27288-1 and 27201,all parties whose interest is
affected must be named and identified(i.e.owner etc.).
(14) To properly perfect a security interest,this UCC-1 must be filed with the Secretary of State,
Uniform Commercial Code Division,P.O,Box 1738,Sacramento,CA 95808,unless it is a
"fixture filing"pursuant to UCC section 9313-Any Financing Statement covering fixtures must
th
include a statement at it is a fixture filing to be recorded in the real estate records,a
description of real property in Orange.County and,if the debtor does not own.the real property,
the name of the owner.
(15) We have received your check without a document or letter of instruction.We are unable to
determine the intent of the tees.
(16) The correct fee is$ __ If an attachment is added to the
document,the fee will increase as stated on the attached fee schedule.
(17) OTHER:
THANK YOU FOR YOUR COOPERATION Please retum to:
TOM DALY,COUNTY CLERK-RECORDER Tom Daly
BY JUDY VINES O-C-Clerk-Recorder
Deputy Recorder P.O.Box 238
Santa Ana,CA 92702-0238
w F0a6z.105(f112Mt (714)834-2887
1
COO +
on before me, personaly
oppeared Per3oncOV known to me(or
proved to me on the basis of scdWc&cxy,eviden�*)to be the persons) whose name(S) Is/ore subscribed to
the within Instrument and acknowledged to me that tie/she/they executed the same in hisAw/their
authorized capac t ies). and that by his/her/thelr signat<re(s)an the instrument the persons) or enttty upon
behalf of which the person(s)acted.executed the kv;trument.
WITNESS my hand and official sed.
Sgncdure
eu+ic a.oro.aendUcnoeers�aq
GOVLOVAI T CODE 27361. 7
1 certify under penalty of perjury that the Notary Send on the document to which this statement is ottached
reods os follows:
NMdE OF THE NOTARY:
EWE COMMI ON E)3)FzS:
COU Y WHERE BOND IS FILM
C)MMI ON NUMBER:
MANUFACtURER/VEVDOR NUMBER:
PLACE OF E*CUnON: DAM
SIGNATURE:
I certify under penalty of perjury and the kma of the State of Cafifomic that the NegtAe portion of this
document to which this statement Is attached reads as follows:
Place of Executior: Date
Signature:
r
}
STATE CF CALMEOMA }Ss.
a.7C�lTY CF }
On _ before me, pempnoly
appeared P800naVy known to me(or
proved to the on the basis of satistaetary evidence) to be the persorKs) whose narne(s) b/are =Axabed to
the within instrument and ocksu rtedged to me that helshe/they executed .the some in Iherltheir
authorizes! capocityC ). and that by tfslherJtti W signahre(s) on the instrument the person(s) or entity can
behoN of which the person(s)acted.executed the insstrment.
WITNESS my hand tend officid seal.
SkgrKature
rn++�a.o!br oral ssd s+m
GOVERNMENT+CODE 27361. 7
i certify under penally of perjuy that the Notary Seal an the document to whir, this statement is attached
reads os follows:
NANE OF THE NOTARY:
DATE MAMMON
coot"WHERE BOND IS RLM
COMMMON NUNISM
MANliF.4L"it,MIVENC OR NLOABM
PLACE OF E*CUnON: GAGE:
SIGNATURE:
I certify under penalty of perjury and the laws of the State of Ccffoaft ttmt the ftgibie portion of this
document to which this statement b attached leads as trpomm
Place of Execution; Date
Sig -
a
` r
Recorded in Official Records, County of Orange
RECORDING REQUESTED BY } Gary Granville, Clerk-Recorder
AND WHEN RECORDED MAIL TO: } IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINO FEE
20010627189 03:36pm 09/06101
City of Huntington Beach } 109 73 D02 8
2000 Main Street } 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
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. �
1
DECLARATION OF CONDITIONS, COVENANTS
AND RESTRICTIONS FOR PROPERTY
(RESALE RESTRICTIONS)
THIS DECLARATION OF CONDITIONS, COVENANTS AND
RESTRICTIONS FOR PROPERTY (the "Declaration") is made as of August 20 ,
2001, by and between SHEA VICKERS DEVELOPMENT, LLC, a Delaware limited liability
company (the "Covenantor"), and THE CITY OF HUNTINGTON BEACH, a California
municipal corporation(tile "City" or"Covenantee").
RECITALS
A. Covenanter has received zoning approval from the City for the
construction of seventy-seven (77) numbered lots for residential units located on the east side of
Goldenwest Street, north of Summit Drive in the City of Huntington Beach, as 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
fifteen (15) percent of the Iots constructed on the Property ("Affordable Lots") to certain
covenants, conditions, and restrictions to provide affordable housing to families of moderate-
income level (less than 120 % of Orange County median) for a period of thirty (30) years. The
execution and recordation of this Declaration is intended to fully satisfy that condition.
AGREEMENT
NOW,THEREFORE,the parties hereto agree and covenant as follows:
1. Affordability Covenants. Covenanter agrees for itself and its successors
and assigns, and every successor to Covenantor's interest in the Property, or any part thereof, that
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I:DOGS%SLM29412898010001CCRS1401592.1
05/01/01
r
each Affordable Lot, described on Exhibit "B" attached hereto and incorporated herein by this
reference, shall be held subject to this Declaration for thirty (30) years from the date of the final
inspection of each said Affordable Lot(the "Expiration Date") as follows:
(a) The Affordable Lots 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 Lots 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 residential lots 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 Lots and shall automatically terminate and be of no further force or effect upon the
Expiration Date.
2. Transfer of Affordable Lots. No transfer of the Affordable Lots shall
occur until the City determines (a) that the proposed purchaser intends to occupy the Affordable
Lot 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 Lot, 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 Affordable Lot 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 Lot, 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 Lot may only sell the Affordable Lot
at an Affordable Housing Cost to a Moderate Income Household, that the maximum permitted
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1:DQCSISLM29412898010001CCRS1401592.1
05/01101
sales price may be less than fair market value and that the Affordable Lot 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 Lot, 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 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.
Covenantor's Initials
The covenant contained in this Section 2 shall run with the Affordable Lots and
shall automatically terminate and be of no further force or effect upon the Expiration Date.
3. Non-Discrimination Covenants. Covenanter 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 Lot, 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 Lot.
Covenantor and its successors and assigns shall refrain from restricting the sale of
the Affordable Lot 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
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
-3-
I:DOCSISLM29412898010001CCRS1401592.1
05/01/01
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 or through him or her, establish or
permit any such practice or practices of discrimination or segregation with reference to the
selection, location number, use, or occupancy of tenants, lessees, sublessees, subtenants, or
vendees in the premises herein leased."
(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 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. 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.
-4-
I:DOCS15LM29412898010001CCR51401592.1
05/01/01
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.
COVENANTER: COVENANTEE:
SHEA VICKERS DEVELOPMENT, CITY OF HUNTINGTON BEACH, a
LLC, a Delaware limited liability company California municipal corporation
By: Shea Homes Limited Partnership, a
California Iimited partnership, its managing ,
member By
yor
By: J.F. Shea Co., Inc., a Nevada
corporation, its general partner ATTEST:
City Clerk
By: ��
Print Name: LlFi; S APPROVED AS TO FORM:
Its: V?
4
It A torI�y j y1 !`j�l
By:_
- e �l]F
RONALD 0.M
Print Name: A , M SECRETAW REVIEWED ND APPROVED:
Its:
G T�
C y ministrator
Zn
TED AND APPROVED:
g Director
-5-
I:ROCSISLM29412898010001CCRS1401592.1
05/01/01
STATE OF CALIFORNIA )
ss:
COUNTY OF ORANGE )
On'" , 2001, before me, OE'�T�'1� r• 14t4+41t)Aso , a
Notary Public in and for said State, personally appeared Lee= o YYN and
'Ro"I J C . Met r-k r-, personally known to me {
} to be the person(s) whose name k/are subscribed to the within instrument
and acknowledged to me that hie/sue/they executed the same in 1*/fl*/their authorized capacity,
and that by ft/*/their signature(s) on the instrument the person(s) or the entity(ics) upon
behalf of which the person acted executed the instrument.
WITNESS my hand and official seal.
Notary Public
e�`4N A.Ht1TCFt1N8ON
Commission t 1303062 x
Notary Public-California
Orange County
My Comm. Moo 8,20M
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
On g 7 , 2001,before me,( ��� ;,,� �/ _. , a
Notary Public in and for said State, personally appeared and
&njv1j a , personally known to me ( f
to be the person(s) whose name ieare subscribed to the within instrument
and acknowledged to me that he/s c/thcy executed the same in bia/her/their authorized capacity,
and that by hiwber/their signature(s) on the instrument the person(s) or the entity(ies) upon
behalf of which the person acted executed the instrument.
WITNESS my hand and official seal.
CHMU E
O�r�ilwr# .
Notary Public
IMI/WIWI6�a1811 �
(SEAL)
CHRft,STINE CLEARY
Ncfty KdAc-coift"sbl -6-
omng@ CpLa" I:DOCSISLM29412898010001CCRS1401592.1
MyCOmm. ��. 05/01/01
EXHIBIT "A"
PROPERTY
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:
Tract 16180, as shown on a Subdivision Map, Filed on April 6,
2001, in Book 815 Pages 1 to 9 inclusive, of Miscellaneous Maps,
in the Office of the Orange County Recorder; AND
Tract 15603, as shown on a Subdivision Map, Filed or to be Filed in the Office of
the Orange County Recorder, more particularly described as follows:
[Metes & Bounds Description]
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1:DOGSISLM29412898010001CCRS1401592.1
05/01/01
s
EXHIBIT B
AFFORDABLE LOTS
The Affordable Lots 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:
TRACT NO. PHASE NO. LOT NO. PLAN TYPE ADDRESS
16180 1 9 A 7040 Reedsport Court
16180 1 13 A 7018 Reedsport Court
16180 2 20 A 7015 Cannon Court
16180 2 36 A 7054 Toledo Court
16180 3 26 A 7017 Nestucca Court
16180 3 31 A 7051 Nestucca Court
16180 4 39 A 7060 Coos Court
16180 4 56 A 7089 Rockaway Court
16180 5 44 A 7059 Depoe Court
16180 5 50 A 7089 Depoe Court
16180** 6** 62** A'* 7095 Trestles Court
15603** 7** ror* P* 7093 Rincon Court
"* : Affordable lots fit and fib are predicated upon successful hydrocarbon remediation In phases 7
and 8, and lots 66 through 77 respectively. If hydrocarbon remediation is not successful,thus allowing
only the 65 lots within Tract 16180 to be built,then only the affordable lots shown within Phases 1
though 5 will be required to be restricted to affordability covenants.
0 0 CA
Council/Agency Meeting Held:
Deferred/Continued to:
proved ❑ Conditional) Approved ❑ DenijA WC lerW ignature
Council Meeting Date: August 20, 2009 Department ID Nu er: PLI,-23
o c
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION {
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNM MEMBERS _ -W
SUBMITTED BYRAY SILVER, City AdministratorEning
PREPARED BY: HOWARD ZELEFSKY, Director of
SUBJECT: APPROVE AFFORDABLE HOUSING AGREEMENT FOR SHEA
VICKERS DEVELOPMENT (The Tides - 77 Multi-family homes at
Goldenwest/Summit)
Statement of Issue,Funding Source,Recommended Action,Alternative Actions),Analysis,Environmental Status,Attachments)
Statement of Issue:
Transmitted for your consideration is a request by Mr. Ron Metzler of Shea Vickers
Development LLC to approve an affordable housing agreement for a 77 unit multi-family
project located on the east side of Goldenwest Street, north of Summit Drive. The
agreement will restrict 12 townhomes (1 5% of 77 units) to moderate income families for a
period of 30 years. Staff recommends that the City Council review and approve the
affordable housing agreement.
Funding Source; Not applicable.
Recommended Action:
Motion to:
"Approve the Agreement Containing Covenants Affecting Real Property By and Between the City
of Huntington Beach and Shea Vickers Development, LLC, and authorize the Mayor and City
Clerk to sign and execute (Attachment No. 1)."
Alternative Action(s):
The City Council may make the following alternative motion(s):
"Continue the Agreement Containing Covenants Affecting Real Property By and Between the
City of Huntington Beach and Shea Vickers Development, LLC, and direct staff accordingly."
�P
MEETING DATE: August 20, 2001 DEPARTMENT ID NUMBER: PL01-23
Analysis:
A. PROJECT PROPOSAL:
Applicant:Kant: Ron Metzler, Shea Properties, 603 S. Valencia, Brea, CA 92822-1509
Location: East side of Goldenwest St., north of Summit Drive
The multi-family townhome project consists of 77 two story units of approximately 1,100 sq.
ft. in size. The affordable housing agreement will restrict 12 units on-site to moderate-
income households for a period of 30 years.
B. STAFF ANALYSIS AND RECOMMENDATION:
The Holly Seacliff Specific Plan requires that the equivalent of 15 percent of the total units
built in the Specific Plan area be restricted as affordable housing. Developers have the
option of restricting units within their own project as affordable or restricting units off-site
within the specific plan area.
On April 11, 2000, the Planning Commission conditionally approved Tentative Tract Map No.
15603, Conditional Use Permit No. 99-2 and Variance No. 00-4, permitting the construction
of a 77 unit multi-family residential project on a 8.1 acre site at the northwest corner of
Goldenwest Street and Summit Drive. Condition No. 2.a. requires an affordable housing
agreement.for 12 units be executed by the property owner. The property owner has elected
to provide the required affordable units on-site within the townhome complex.
Moderate-income units must be affordable to households earning no more than 120 percent
of the Orange County median income. For a four person household this is the equivalent of
$88,450 in annual gross income. The maximum sales price of these units is expected to be
$316,500. Final sale prices will be determined by the City of Huntington Beach.
The proposed agreement is consistent with standard affordable housing agreements
prepared by the City Attorney's Office and complies with the affordable housing condition set
forth in Tentative Tract Map No. 15603. Therefore, staff recommends the City Council
approve the agreement.
Environmental Status:
The subject request is not subject to the California Environmental Quality Act pursuant to
Section 15061 (b) (3).
PL01-23 -2- 8/1/01 4:03 PM
0 0
MEETING DATE: August 20, 2001 DEPARTMENT ID NUMBER: PL01-23
A_ttachment(s)•
City Clerk's
Page Number •
. Description
1. Affordable Housing Agreement
RCA Authors: WCIMBB
PL01-23 -3- 8/1/01 4:03 PM
ATTACHMENT # 1
j, CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
August 28, 2001
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
(Resale 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 the Declaration of Conditions when recorded to this office
in the enclosed self-addressed stamped envelope.
dmz�
Connie Brockway, CIVIC
City Clerk
Enclosures
g:Kollowuplmisc...doe Declaration of Conditions-Shea Vickers Development, LLC—(Resale Restrictions)
IT laphone:714-53&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 27383.
DECLARATION OF CONDITIONS, COVENANTS
AND RESTRICTIONS FOR PROPERTY
(RESALE RESTRICTIONS)
THIS DECLARATION OF CONDITIONS, COVENANTS AND
RESTRICTIONS FOR PROPERTY (the "Declaration") is made as of August 20
2001, by and between SHEA VICKERS DEVELOPMENT, LLC, a Delaware limited liability
company (the "Covenantor"), and THE CITY OF HUNTINGTON BEACH, a California
municipal corporation (the "City" or"Covenantee").
RECITALS
A. Covenanter has received zoning approval from the City for the
construction of seventy-seven (77) numbered lots for residential units located on the east side of
Goldenwest Street, north of Summit Drive in the City of Huntington Beach, as 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
fifteen (15) percent of the lots constructed on the Property ("Affordable Lots") to certain
covenants, conditions, and restrictions to provide affordable housing to families of moderate-
income level (less than 120 % of Orange County median) for a period of thirty (30) years_ The
execution and recordation of this Declaration is intended to fully satisfy that condition.
AGREEMENT
NOW, THEREFORE,the parties herl to agree and covenant as follows:
1. Affordability Covenants. Covenanter agrees for itself and its successors
and assigns, and every successor to Covenantors interest in the Property, or any part thereof, that
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1:OOCSISLM29412 899010001CCRS1401592.1
05/01/01
each Affordable Lot, described on Exhibit "B" attached hereto and incorporated herein by this
reference, shall be held subject to this Declaration for thirty (30) years from the date of the final
inspection of each said Affordable Lot(the"Expiration Date")as follows:
(a) The Affordable Lots 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 Lots 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 residential lots 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 Lots and shall automatically terminate and be of no further force or effect upon the
Expiration Date.
2_ Transfer of Affordable Lots. No transfer of the Affordable Lots shall
occur until the City determines (a) that the proposed purchaser intends to occupy the Affordable
Lot 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 Lot, 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 Affordable Lot 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 Lot, 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 Lot may only sell the Affordable Lot
at an Affordable Housing Cost to a Moderate Income Household, that the maximum permitted.
-2-
1:DOCSISLM294U898010001CCRS1401$92.1
05/0 i/01
r
sales price may be less than fair market value and that the Affordable Lot 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 Lot, 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 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.
Covenantor's Initials
The covenant contained in this Section 2 shall run with the Affordable Lots and
shall automatically terminate and be of no further force or effect upon the Expiration Date.
3. Non-Discrimination Covenants. Covenanter covenants by and foi 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 Lot, 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 Lot.
Covenantor and its successors and assigns shall refrain from restricting the sale of
the Affordable Lot on the basis of race, color, religion, sex, marital status, national origin, or
ancestry of any person. All such deeds, Ieases 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
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
-3-
:DOCSISLM29412898010001CCRS140 t 592.I
05101/01
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 or through him or her, establish or
permit any such practice or practices of discrimination or segregation with reference to the
selection, location number, use, or occupancy of tenants, lessees, sublessees, subtenants, or
vendees in the premises herein leased."
(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 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 Iand 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. 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.
4-
I:DOCSISLM29412898010001CCRS1401592.1
05/01/01
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.
COVENANTER: COVENANTEE:
SHEA VICKERS DEVELOPMENT, CITY OF HUNTINGTON BEACH, a
LLC, a Delaware limited liability company California municipal corporation
By: Shea Homes Limited Partnership, a
California limited partnership, its managing ,
member By:
yor
By: J.F. Shea Co., Inc., a Nevada
corporation, its general partner ATTEST:
Cit y Jerk
By: � !
Print Name: LF5 Tli 6V1.4tq. APPROVED AS TO FORM:
Its: VP
By. Atorry
F10NAtD C.M 9 S -/- D/ 8-/a-01 ! b 1
Print Name: ASMS=SEER rOv REVIEWED ND APPROVED:
Its:
C y)11mhnistrator
INI TED AND APPROVED:
fLa/nning Director
-5-
1:D0CS\SLM29M2898010001CCRS1401592.1
05/01/01
STATE OF CALIFORNIA )
ss:
COUNTY OF ORANGE }
On k a , 2001,before me, e*)) A6o , a
Notary Public in and for said State, personally appeared Le S o Yn4 :5 and
'Ro nq W C - Mete-fir-, personally known to me
to be the person(s) whose name Ware subscribed to the within instrument
and acknowledged to me that lie/st/they executed the same in M/1*/their authorized capacity,
and that by A/l /their signature(s) on the instrument the person(s) or the entity(ies) upon
behalf of which the person acted executed the instrument.
WITNESS my hand and official seal.
SHAIHUMHINSON Notary Public
Commission O 13a161SZ z
Matery Public-Cafft rMs �y
Orsnpe cc ntp
My Comm.EVMn M�1aya,2005
STATE OF CALIFORNIA )
} ss:
COUNTY OF ORANGE }
On -� , 2001,before me,&ejt � A/r��.� , a
Notary Public in an for said State, personally appeared %..•..7 e r o., and
o , personally known to me bftsis ef
swiss,etef &I� to be the person(s) whose name i5/are subscribed to the within instrument
and acknowledged to me that lie/she/they executed the same in biome*heir authorized capacity,
and that by hislherhheir signature(s) on the instrument the person(s) or the entity(ies) upon
behalf of which the person acted executed the instrument.
WITNESS my hand and official seal.
WQ'al
Notary Public
(SEAL)
CHRISTINE CLE RY
Notay Rkk-CaRbrrja -6-
amnge COU* L•DOCSISLM29412898010001CCRS1401592.I
05101lol
My Comm.t�S Jas111�,=1
0
EXHIBIT"A"
PROPERTY
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:
Tract 16180, as shown on a Subdivision Map, Filed on April 6,
2001, in Book 815 Pages l to 9 inclusive, of Miscellaneous Maps,
in the Office of the Orange County Recorder;AND
Tract 15603, as shown on a Subdivision Map, Filed or to be Filed in the Office of
the Orange County Recorder,more particularly described as follows:
[Metes&Bounds Description]
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1:ROCSISLM29412898010001CCRS14015 92.1
05/01/01
EXHIBIT B
AFFORDABLE LOTS
The Affordable Lots 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:
TRACT NO. PHASE NO. LOT NO. PLAN TYPE ADDRESS
16180 1 9 A 7040 Reedsport Court
16180 1 13 A 7018 Reedsport Court
16180 2 20 A 7015 Cannon Court
16180 2 36 A 7054 Toledo Court
16180 3 26 A 7017 Nestucca Court
16180 3 31 A 7051 Nestucca Court
16180 4 39 A 7060 Coos Court
16180 4 56 A 7089 Rockaway Court
16180 5 44 A — 7059 Depoe Court
16180. 5 50 A 7089 Depoe Court
16180** 6** 62** A** 7095 Trestles Court
15603** 7** 68** A** 7093 Rincon Court
`** NOTE: Affordable lots 62 and 68 are predicated upon successful hydrocarbon rernediation in phases 7
and 8,and lots 66 through 77 respectively. If hydrocarbon remediation is not successful,thus allowing
only the 65 lots within Tract 16180 to be built,then only the affordable lots shown within Phases 1
though 5 will be required to be restricted to affordability covenants.
-8-
RCA*ROUTING % HEET
INITIATING DEPARTMENT: Planning
SUBJECT: Affordable Housing Agreement for Shea Vickers
Development LLC
COUNCIL MEETING DATE: August 20, 2001
...............
RCA ATTAHI� � �@S AT
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 (wlexhibits if applicable)
(Signed in full by the CityAttomey) Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by CityAttomey) Not Applicable
Certificates of Insurance (Approved by the City Attomey) Not Applicable
Financial Impact Statement (Unbud et, over $5,000) Not Applicable
Bonds (If,applicable) Not Applicable
Staff Report (If applicable) Attached
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
.
MSkEXp, � GME1.
.
Administrative Staff { }
Assistant City Administrator (Initial) ( } ( )
City Administrator (Initial) { } ( )
City Clerk
EXPLANATIO FOR RETURN F ITEM
Only)(Below Space For City Clerk's Use
RCA Author: WCIMBB
RETURN ADDRESS: f -E
G,�4 wUrih(7CittSns h
Y.O.bov I qio/a(YX)VJ1 ��-
1kun5tin�tm i c4,. U q 2(0`A R h1AR 27 203
I-
Regretfully your unrecordei!t �sO,,Y r d- CCW) naming `lh�
together with your remittance of$ N /A ,Ck.No, -\ C rtU
i
is being returned as your document is deficient in the areas)indicated below:
�Av�
(1) The recorder can find no provision in the law authorizing the recording of the enclosed
document(s).
(2) Recording cannot be performed in this county.Please forward your document to
County Recorder.
(3) For proper indexing:
a. "Et al"is not acceptable;all parties must be named.
b. The name of the company,corporation or partnership must be at the signature
point.
c. The trustee of a trust must be identified as such.
d. The names in the caption,execution and notary acknowledgment must match.
_ e, The caption of the document and signature point need to identify who the
custodian/agent represents
(4) The Documentary Transfer Tax declaration must be completed to show either the amount of tax
due or an acceptable reason for exemption.(See enclosed bulletin.)I1 there is'No
consideration,"document must so state.
(5) The city where the property is located or"unincorporated area, is required on the deed and the
tax declaration must indicate how the tax was computed.
(6) The preliminary change of ownership report is required.Please complete or correct the areas
marked in red.
(7) The notary acknowledgment is incomplete(please see red mark)or is on an outdated form-A
"General Acknowledgment"form is required.(See enclosed sample)
(8) The notary seal is illegible.You may have the notary restamp the document clea6y of you may
comptete the enclosed certiticatiron under the penalty of perjury.
Swo1S SIFIVRM
(9) Porlion(s)of the document are illegible(please see red mark). You may execute and submit a
new original,or complete the enclosed certification under penalty of perjury.Adding the
"Penalty of Perjury"statement will increase the fee by$_
(10) The legal description/exhibit has been omitted.All exhibits must be referenced in the body of
the document and appropriately labeled.
(11) Recording reference(date and document number or book and page)of the prior recorded
document is incorrect or was omitted.
f 12) Abstracts of judgment must contain the address of the judgment creditor(s),the address of the
judgment debtor(s)and the address at which the summons was served or mailed.
(13) Pursuant to Government Code sections 27288-1 and 27201,all parties whose interest is
affected must be named and identified(i.e.owner etc.).
(14) To properly perfect a security interest,this UCC-1 must be filed with the Secretary of State,
Uniform Commercial Code Division,P.O.Box 1738,Sacramento,CA 95808,unless it is a
"fixture filing"pursuant to UCC section 9313.Any Financing Statement covering fixtures must
include a statement that it is a fixture filing-to be recorded in the real estate records,a
description of real property in Orange County and,it the debtor does not own the real property,
the name of the owner.
(15) We have received your check without a document or letter of instruction.We are unable to
determine the intent of the fees.
(16) The correct fee is$ If an attachment is added to the
document,the fee will increase as stated on the attached fee schedule.
(17) OTHER:
THANK YOU FOR YOUR COOPERATION Please return to:
TOM DALY,COUNTY CLERK-RI-CORDER Tom Daly
JUUY VINES O.C.Clerk-Recorder
P.O.Box 238
Deputy Recorder Santa Ana,CA 92702-0238
ro FO6[2-105{AIZ021 (714)834-2887
T�Z - _ _ _*-j _. -- .
P.O. Box 190-2000 Main Street
Huntington Beach, California 92648
Hl1NTINGTQN BEACH www.ci.huntington-beach.ca.us
From the desk of: Connie Brockway, CMC
City Clerk
Telephone: (714)536-5404
Fax: (714)374-1557
�`l3a�Q3
ZZ,
is
RECORDING REQUESTED BY:
o
WHEN RECORDED,MAIL TO:
CITY OF HUNTINGTON BEACH
2000 Main Street F f oc i
Huntington Beach, CA 92648
Attn: City Clerk
(Space Above.for Recorder's Use)
FIRST AMENDMENT TO ;
DECLARATION OF CONDITIONS, COVENANTS AND
RESTRICTIONS FOR PROPERTY(RESALE RESTRICTIONS)
THIS FIRST AMENDMENT TO DECLARATION OF CONDITIONS,
COVENANTS AND RESTRICTIONS FOR PROPERTY(RESALE RESTRICTIONS) ("First 1
Amendment'l is made by and between SHEA HOMES SOUTHWEST, INC.;an Arizona
corporation("Declarant"), as successor-in-interest to SHEA VICKERS DEVELOPMENT,
LLC, a Delaware limited liability company("Shea Vickers'l and THE CITY OF
HUNTINGTON BEACH, a California municipal corporation("City"). Declarant and the City
may be collectively referred to herein as the"Parties."
PREAMBLE:
A. Declarant is the record owner of certain real property located in the City of
Huntington Beach, County of Orange, State o�California that is described on Exhibit A attached
hereto.
B. Shea Vickers is the record mvne.r of certain real property located in the
City of Huntington Beach, County of Orange, State of California that is described on Exhibit B
attached hereto.
C. Individual owners, whose names are set forth on Exhibit C hereto, are the
record owners of the real property located in the City of Huntington Beach, County of Orange,
State of California that is described on Exhibit C(collectively, the "Affordable Lot Owners').
The real property described in Preamble Paragraphs A, B and C and shown on Exhibits A, B and
C attached hereto shall be collectively referred to herein as the "Properties,"which consist of(1)
Lots 9, 13, 20 26 31 36 39 44, 50, 56 and 62 of Tract No. 16180, as shown on a Subdivision
Map Filed on April 6, 2001,in Book 815, Pages 1 to 9, inclusive, of Miscellaneous Maps
("Map'% in the Office of the Orange County Recorder, and (ii)Lot 3 of proposed Tract No.
15603, as shown on a Subdivision Map Filed or to be Filed in Miscellaneous Maps, otherwise
known as that certain"Designated Remainder" shown on Sheet 3 of 9 of the Map.
SLM29412898010001Ai MEND1452828.04
07/25i02
• 0
D. The Parties entered into that certain Declaration of Conditions, Covenants
and Restriction for Property(Resale Restrictions) ("Restrictions"), which was recorded on
September 6, 2001, as Instrument No. 20010627189, in the Official Records of Orange County
("Official Records"). The Restrictions establish, among other things,that certain residential
Lots, designated as "Affordable Lots,"be sold at an"Affordable Housing Cost,"as defined in
the Restrictions. Pursuant to the Restrictions, all subsequent transfers of Affordable Lots must
be made at the Affordable Housing Cost until the Expiration Date set forth in the Restrictions.
E. On March 15, 2002, Declarant recorded that certain Declaration of
Covenants, Conditions and Restrictions and Reservation of Easements for The Tides (the
"Declaration'), as Instrument No. 20020217730 in Official Records_ The Declaration
establishes a general plan for the protection, improvement and maintenance of all real property
which may be made subject to the Declaration.
F. In connection with the loan approval process for the Affordable Lot
Owners, lenders were provided with a recorded copy of the Restrictions. The Federal National
Mortgage Association, a government-sponsored private corporation established pursuant to Title
VIII of the Housing and Urban Development Act of 1968 and its successors ("FNM4'% rejected
the Restrictions as not being in compliance with FNMA regulations and requested that the
Restrictions be amended so that they are subordinate to the lien of any first lender on Lots in the
Properties. Therefore, to ensure potential buyers of Lots in the Properties have the opportunity
for the most borrowing options.and the best interest rates for home loans,Declarant requested
that the City approve language in this First Amendment that allows for the subordination of the
Restrictions to the lien of a first deed of trust recorded against a Lot in the Properties, and the
City has agreed to such amended provisions as set forth herein.
G. The Parties to this First Amendment are the original Parties to the
Restrictions, and have the right to amend the Restrictions with the approval of the Affordable Lot
Owners, which consent is evidenced by their execution of this First Amendment.
THEREFORE, THE PARTIES HEREBY DECLARE THAT THE
RESTRICTIONS ARE AMENDED AS FOLLOWS:
1. Incorporation of Recitals. The Parties hereby incorporate the Recitals set
forth above in to this First.Amendment as if fully restated herein.
2. Subordination. Notwithstanding any other provision hereof,the
provisions of the Restrictions 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 in the event of default under
the first lender's deed of trust by the borrower. Such remedies udder 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 set forth in
the Restrictions shall be forever terminated and shall have no further effect as to the Lot
foreclosed on or any transferee thereafter;provided,however, if the holder of such first lender's
deed of trust acquired title to the Lot pursuant to a deed or assignment in lieu of foreclosure, the
Restrictions shall automatically terrninate upon such acquisition of title;provided that (a)the
City and Declarant have been given written notice of default under such first lender's deed of
S LM2 94129980\0001AMEND1452828.04
07/25/02
trust, and(b)the City or Declarant shall not have cured or commenced to cure the default within
a thirty(30) day period and given its firm commitment to complete the cure in a form and
substance acceptable to the first lender.
This First Amendment.and the Restrictions,as amended, shall riot diminish or
affect the rights of the United States Department of Housing and Urban Development("HUD"),
UD"),
FNMA, or the Veterans Administration("VA"), as and if applicable,under the first lender's deed
of trust. Notwithstanding any provisions in this First Amendment or the Restrictions to the
contrary, all of the provisions of this First Amendment and the Restrictions shall terminate and
have no further force and effect on the affected Affordable Lot upon the occurrence of one of the
following events: (a) Title is acquired by HUD, VA, FNMA or another party upon foreclosure of
a deed of trust insured by HUD or guaranteed by VA; (b) 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(c) a deed of trust insured by HUD is assigned to HUD.
3. Miscellaneous Provisions.
3.1 Provisions Construed Together. All of the provisions of this First
Amendment shall be liberally construed together to promote and effectuate the fundamental
concepts of the Properties, as set forth in the Restrictions. Except as may be otherwise provided
in this First Amendment or the Restrictions, the rights and obligations of the Owners located in
the Properties shall be the same as the rights and obligations of the other Owners now or
hereafter affected by the Restrictions.
3.2 Provisions Severable. Notwithstanding the provisions of the
immediately foregoing Section, each of the provisions of this First Amendment shall be deemed
independent and severable, and the invalidity or partial invalidity of any provisions or portion
thereof shall not affect the validity or enforceability of any other provisions hereof.
3.3 Meaning of Terms. Except as otherwise expressly provided
herein, the capitalized words and phrases in this First Amendment shall have the same meanings
as defined in the Restrictions. As used in this First Amendment, all words in the masculine,
feminine, or neuter gender, or the singular or plural number shall be construed to include the
others,wherever the context so requires.
3.4 Captions. All captions or titles used in this First Amendment are
intended solely for convenience of reference and shall not affect the interpretation of any of the
terms or provisions of this First Amendment.
3.5 Counterparts. This First Amendment 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.
3.6 Amendment. This First Amendment and the Restrictions may be
amended only with the prior written consent of the Declarant(for so long as Declarant owns any
of the Affordable Lots), the City, and each of the record owners of the Affordable Lots. Any
mortgagees of record for the Affordable Lots shall be notified of any proposed amendments and
be given thirty (30) days to approve or disapprove of such amendments, provided, however, that
5LM2941289801000\AMENDW52828.04
07/25/02
the failure to respond-,N-ithin such 30 day period shall be deemed to be consent to the
amendment.
Declarant executed this First Amendment as of je PL bt.r jb 92002
SHEA HOMES. SOUTHWEST,INC.,
an Arizona corpora '
By:
Name: L FF Q'-r
110
Title: V !
By: C --
Name: &ate"
Title:
"Declarant"
SHEA VICKERS DEVELOPMENT,LLC, a
Delaware limited liability company
By: Shea Homes Limited Partnership, a California
limited partnership, its Managing Member
By: J. R Shea Co., Inc., a Nevada
corporate neral Partner
By:
Name: L S ZXibii
Title: .
By: C..
Name: a r✓/ C,U c . MLA
APPROV TO FORM
Title: Assistant
By: -
DE CiTy ATTORNEY "Shea Vickers"
,iE I McGRATH
SLM29412898010001AMEND1452828.04
01/25/02
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE }
Onet3el 14, ;)00 before me, ej'f1 �• H�c` c +t r ✓15e�yt�
personally appeared eti `TlyprnW5 and '-ofw1A G• rrYle- k�:r` ,
personally known to me ) to be the persons
whose names are subscribed to the within instrument and acknowledged to me that they executed
the same in their authorized capacities, and that by their signatures on the instrument the persons,
or the entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
BETHA HUTCHIFISON
Commission#1303862
z Notary Public-California
Orange county Notary Public in and for said State
My Comm.EVires May 6,2M
(SEAL)
STATE OF CALIFORNIA-
} ss.
COUNTY OF ORANGE )
On ef- )(o ,� , before me, ,
personally appeared y.,e6 T1)pm4-6 and log)ol �. njee&JC
personally known to me (or pioved t6 tRe ee to be the persons
whose names are subscribed to the within instrument and acknowledged to me that they executed
the same in their authorized capacities, and that by their signatures on the instrument the persons,
or the entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
BETH A.HUTCHINSON
Commission#1303862MI
-
Notary Public-California
Orange Co:M4:ay8,
Notary Public in and for said State
My Conan.Evires 2M
(SEAL)
sLN129412898010001AM ENb1452a28.04
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0
The City executed this First Amendment as of A/01'-Z6 209
CITY OF HUNTINGTON BEACH,
a California municipal corporation
By: �� �
Mayor
ATTES
r
City Clerk
APPROVED AS TO FORM:
REVIEWED AND APPROVED
City A ' 'strator
INITIA D AND APPROVED:
Pl ng Director
«city"
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE ) AtQ af`f`
On before e, �! I /
personally appeared C6A 46 dde and
personally known to me( to be the perso s
whose names are subscribed to the within instrument and acknowledged to rile that they executed
the same in their authorized capacities, and that by their signatures on the instrument the persons,
or the entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand anal official seal.
KELLY LOUISE MANDiC Notary lic in and for said State
(SEAL) _ Commission# 1372899 z
Notary Puuiic - California i
Orange County
My Comm,Expires Sep 1,2006
SLM294\2898010 O\A,%1END1452828.04
07/25/02
The Affordable Lot Owners hereby consent to this First Amendment:
Date: Wmjernk,ex a4 ,2002 By:
Laurie M. Masto
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE }
On k� f-;�Lq -)-d n 2—, before me, �r ,
personally appeared LAURIE M. MASTO, 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 she executed the same in her authorized capacity, and
that by her signature on the instrument the person, or the entity upon behalf of which the person
acted, executed the instrument.
WITNESS my hand and official seal. W
of ublic inand for said State
(SEAL)
PAMELA D. CARRDLL
comm.$ 1343470
NOTARY PUBUGCMFORNIAJ
ORANGE COUNTY
My Comm.Expires Mo"fi 5,2006
SLM2942898010001AMEW452828-04
OV25/02
0
The Affordable Lot Owners hereby consent to this First Amendment:
Date: , 2002 By:
Phillip . Masto
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On ' � 7 �°�;before rne,
personally appeared PHILLIP S. MASTO, e (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 executed the same in his authorized capacity, and that by his
signature on the instrument the person, or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal.
DAN K LA B
Comte 0 Notary Public in and for said State
(SEAw ''s 140toT]►p�Aft-05:"]
cage Co
My Comm.
SLM294\289801000\AM END1452828.04
07)25i02
The Affordable Lot Owners hereby consent to this First Amendment:
Date: f , 2002 By: `"''�`
Tung T. TraS
By:
y Cong
STATE OF CALIFORNIA }
} ss.
COUNTY OF ORANGE }
On —O , before nee, �( j�/"
personally appeared TUNG T. TRAN and JENNY LONG, per me (or proved to
me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the
within instrument and acknowledged to me that they executed the same in their authorized
capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of
which the persons acted, executed the instrument.
WITNESS my hand and official seal:
Notary Public in or said State
(SEAL)
PAMME Ez ;
C.amr*Won i 13MM1
190MVC.oftM. Au91a.20M
S LM294128980%000"EN 9452M.04
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The Affordable Lot Owners hereby consent to this First Amendment:
J
Date: ��O��Vv,�ae.{iC7 , 2002 B '
Theresa R. W
STATE OF CALIFORNIA )
} ss.
COUNTY OF ORANGE }
On S ag before me, iL ,
personally appeared THERESA R. WINFREY,personally known to M (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 she executed the same in her authorized capacity, and
that by her signature on the instrument the person, or the entity upon behalf of which the person
acted, executed the instrment.
WITNESS my hand and official seal.
Notary Public in and for said State
(SEAL)
ri
4:�,;:J �-�-?•-ter.- 'fir
-+ _.._ _;- - . AF OVER As TO FORM
JEN IFER WRATH,CRY A
By PaJ
AsAxtant Cityity Awxwy
r
S LM294128950N0001AM END1452828.04
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA )SS
COUNTY OF
AA --7
On A�Y l I t� �., t 2��� before me, "fi11`1'L
personally appeared
personally known to me(or prov,gd4o me on the basis of satisfactory evidence)to be the person(5)whose name t bscribed to the within instrument
and acknowledged to me that s eh r3�ey-executed the same in�eheir authorized capacityQand that b er signature( on the instrument
the personkor the entity upon behalf of which the perso%%(�as ecuted the insaumem
WITNESS my hand Id official 1�.d/�
Signature � r FAITH NWSENBACH Commission#1332748 Z
Notary Public-Cal-tforttia i
orange County
area
i,2{)Q5
OPTIONAL SECTION
CAPACITY CLA %IiED BY SIGNER
Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the
document.
INDIVIDUAL
[ ] CORPORATE OFFICERS) TrfL.E(S)
[ ] PARTNER(S) - I I LIMITED [ ]GENERAL
[ ] ATTORNEY-IN-FACT
[ ]TRUSTEE(S)
[ ] GUARDIANICONSERVATOR
[ ] OTHER
SIGNER IS REPRESENTING:
Name of Person or Entity Name of Person or Entity
OPTIONAL SECTION
Though the date requested here is not required by law, it could prevent fraudulent reattachment of this form.
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW
�r
TITLE OR TYPE OF DOCUMENT: Y L�bYi (�1MQv �Q �'1, �+�'' �'�%�S Coe Ct ut
NUMBER OF PAGES / DATE OF DOCUMENTvL r �
c�,
SIGNER(5) OTHER THAN NAMED ABOVE
friC ;
0 -
The Affordable Lot Owners hereby consent to this First endment•:
Date: I _` --' , 2002 By:
0Q
Sall . Adims
STATE OF CALIFORNIA )
ss.
COUNTY OFy,ORANGE
qq�� } �} �} A) }
On DY 1?� � , L[ill� ,before me, ! f'90 J�OM POO ,
personally appeared SALLY K. ADAMS, 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 she executed the same in her authorized capacity, and that by her
signature on the instrument the person, or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal.
Nat Public in and for said State
(SEAL) y
Cansmission s ta217S.�
Hairy Pubitc--CeiHom�-,
Oronps Couesty
11y C.QtIT.F�pMs SnP 22,20aG
APPROVED AS TO FORM
JE TR MaGRATH,C*A
f
By A&1 D'AJ
Anf bmt City Aitmmw
SLM29=?8980".0001AMEND\452828.04
r 07125/02
CALIFORNIA ALL-PURPOSE ACKNOWLEDraMENT
State of California
ss.
County of
On xw, �y 7,00 before me, �
Date Name and Ty
i of Officer(e.g-.'Jane Doe,Notary Public")
personally appeared e S t
Nam (s)of Signer(s)
❑ personally known to me
proved to me on the basis of satisfactory
evidence
to be the person( whose name(K islaisr
subscribed to the within instrument and
acknowledged to me that hVshelth-*executed
the same in h)%lherltlfijir authorized
JERRYA.HORN � capacity(il), and that by h'klherlthao
Canmission# 121SM signature(s) on the instrument the person{9K or
NotoryPubilc-califort-da the entity upon behalf of which the person('
Orange County acted, executed the instrument.
AAycamr!f.���ttl,22Ti `�
WITNES1y hand and icia al.
wm
Place Notary Seal Above Sign 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: aff 7!2
1
/S tr
Document Date: Number of Pages:
i
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer.
Signer's Name:
1
❑ Individual Top of thumb here
❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General
. ❑ Attorney in Pact t
0 Trustee
❑ Guardian or Conservator
❑ Other:
t
Signer Is Representing:
0 1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod,No.5907 Reorder:Call Toll-Free 1-800-B76-6827
a
The Affordable Lot Owners hereby consent to this First Amendment:
Date:-D Z , 2002 By:
Steven Aced
By�
Robin Reed
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On D-,_ Ike,r 2�22 before me, SV e-p A, S M i f-- ,
personally appeared STEVEN REED and ROBIN REED, personally known to me(or proved to
me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the
within instrument and acknowledged to me that they executed the same in their authorized
capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of
which the persons acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
(SEAL)
SHEAR SM1��iE
Corn #f 2$387$
Non L-Cam.
OraM cmmly
j0MVq5-TT.,Ex*ft NOv 11.7004
SLM29412898010001AMEND1452828.04
07/25/02
The Affordable Lot Owners hereby consent to this First Amendment:
Date: , 2002 By:
Ky Mai
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On v'� E`3 c2.- ,before me, N 4 D
personally appeared KY MAI,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 she executed the same in her authorized capacity, and that by her
signature on the instrument the person, or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal.
oo wdtk n l 12UN2
W"Y h6ft—ca Wft
Notary Public in and for said State
(SEAL)
SLM294 28980100AM END1452828.04
07/25/02
The Affordable Lot Owners hereby consent to this First Amendment:
Date: 1 2002 By:
Mo Ngu en
By:
Le-Hong Nguye
STATE OF CALIFORNIA )
} ss.
COUNTY OF ORANGE }
On 1 1 6? ' . D , before me, *IU006 616 0t,:;_'UC 0 ,
personally appeared MO D. NGUYEN and tE-HONd NGUYEN, personall own to me(or
proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed
to the within instrument and acknowledged to me that they executed the same in their authorized
capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of
which the persons acted, executed the instrument.
WITNESS my hand and official seal.
PwILIONG BICH DZUCNG
Q Comm.#1259939 �
m ' NOTARY PUBLIC-CALIFORNIA '
ORANGE COUNT`' otary Public in and for said Stat
My Cwnm,ExpiM$ApM S.2004
Jim 0 V or
(SEAL)
S LM294128980%0001AMEND\452828.04
07/25/02
The Affordable Lot Owners hereby consent to this First Amendmen
1
Date: (}yr 2002 By:
Robin Bau
STATE OF CALIFORNIA }
} ss.
COUNTY OF ORANGE )
On ;.a+ , , before me, Cfmi R o, > -V-,
personally appeared ROBIN BALER, 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 she executed.the same in her authorized capacity, and that by her
signature on the instrument the person, or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal.
CATHvAM aARxEa C.ommi UM 01342768 �'y Not Pubj' A and for said State
Los Anooks
(SEAL) �. C C4urdy�
SL)1294'a98010001AMEND1452829.04
07/25/02
The Affordable Lot Owners hereby consent to this First Amendment:
Date: l?U. , 2002 By:
- Jae Lee
By:
ee
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On_N y�rnb e,r- S before me, V-6.ren lay'r� n ,
personally appeared JAE LEE and HYUNG LEE, (or proved to me on
the basis of satisfactory evidence)to be the persons whose names are subscribed to the within
instrument and acknowledged to me that they executed the same in their authorized capacities,
and that by their signatures on the instrument the persons, or the entity upon behalf of which the
persons acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for s W State
(SEAL)
KAREN ERRiNGTON
Comm.#135' 1334
OR"E COUNTY
WM PMIC;-c,Ww"
,alp Conan.Ewm Apr.14,M
5LM2941289801000\ANIEND1452828.04
07/25/02
The Affordable Lot Owners hereby consent to this First Amendment:
i
Date: ���`� , 2002 B,y. )j_
Robert Melnick
By .
Cecilia Metnick
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On before me, T
personally appeared ROBERT MELNICK and CECILIA MELNICK,personally known to me
(or proved to me on the basis of satisfactory evidence)to be the persons whose names are
subscribed to the within instrument and acknowledged to me that they executed the same in their
authorized capacities, and that by their signatures on the instrument the persons, or the entity
upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal:
Notary Public in and f Loy said State
(SEAL)
iLSE AC BOYKIN
j1@A4yCwm89*6s
CommWon#]291M
Nokxy AAft-Caff amb
t as AngelesFeb 14 MM
S LM294M9801000"END1452828.04
Vi25 02
EXHIBIT A
AFFORDABLE LOTS OWNED BY DECLARANT
All that certain real property located in the City of Huntington Beach, County of.
Orange,State of California, more fully described as.follows:`
Lots 39, 44, 50, 56 and 62 of Tract No. 16180, as shown on a
Subdivision Map("Map') Filed on April 6, 2 00 1, in Book 815,
Pages I to 9, inclusive, of Miscellaneous Maps, in the Office of the
Orange County Recorder.
S LM29412898010001AMEND1452828.04
07/25102
EXHIBIT B
AFFORDABLE LOTS OWNED BY SHEA VICKERS
All that certain real property located in the City of Huntington Beach; County of
Orange, State of California, more fully described as follows:
Lot 3 of proposed Tract No. 15603, as shown on a Subdivision
Map Filed or to be Filed in Miscellaneous Maps, otherwise known
as that certain"Designated Remainder" shown on Sheet 3 of 9 of
the Subdivision Map Filed on April 6, 2001, in Book 815,Pages 1
to 9, inclusive, of Miscellaneous Maps, in the Office of the Orange
County Recorder.
SLM29412898010001AMEND`.452828.04
07/25/02
EXHIBIT C
AFFORDABLE LOTS OWNED BY INDIVIDUALS
All that certain real property located in the City of Huntington Beach,County of
Orange, State of California,more fully described as follows:
Lots 9, 13, 20, 26, 31, 36, 39, 44, 50, 56 and 62 of Tract No. 16180, as shown on
a Subdivision Map Filed on April 6, 2001, in Book 815,Pages I to 9,inclusive, of Miscellaneous
Maps, in the Office of the Orange County Recorder.
Owners of the individual Affordable Lots are as follows:
Lot 9: Laurie M. Masto, a single woman
Lot 13: Phillip S. Masto, a single man
Lot 20: Tung T. Tram and Jenny Cong, husband and wife as joint tenants
Lot 26:. Steven Reed and Robin Reed,husband and wife as joint tenants
Lot 31: Ky Mai, a single man
Lot 36: Sally K. Adams, an unmarried woman
Lot 39: Mo D. Nguyen and Le-Hong Nguyen,husband and wife as joint tenants
Lot 44. Robin Bauer, a single woman
Lot 50: Jae Lee and Hyung Lee,husband and wife as community property with the right
of survivorship
Lot 56: Robert Melnick and Cecilia Melnick,husband and wife as joint tenants
Lot 62: Theresa R.Winfrey, an unmarried woman
8 LM29412898010001AMEND1452828.04
07125102