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HomeMy WebLinkAboutAffordable Housing Agreement between City and Mainstreet To i Recorded in Official Records,,Orange County Tom Daly, Clerk-Recorder IIIII!IIIIiIIIIIIIIIIIIIII!IIIIIIIIIIIII!IIIIIIIIIIIIIIIIIIIIIIIII!IIIIIIIINo FEE 2005000430077 01:58pm 06/03105 RECORDING REQUESTED BY �I 211 130 D01 s AND WHEN RECORDED MAIL TO: i 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.0o i 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. REVISED AND RESTATED DECLARATION OF CONDITIONS, COVENANTS AND RESTRICTIONS FOR PROPERTY (RESALE RESTRICTIONS) This Revised and Restated Declaration Of Conditions, Covenants And Restrictions For Property (the "Declaration") is made as of milts 1(0 , 2005, by and between MAINSTREET TOWNHOMES LLC, a California limited liability company (the "Covenantor"), and THE CITY OF HUNTINGTON BEACH, a California municipal corporation (the "City") and the REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a public body corporate and politic (the "Agency"). This Declaration supersedes .Instrument No. 2004001084613 which was recorded on December 7, 2004, concerning the property described hereinbelow. Collectively, the City and Agency will be referred to as the "Covenantee." RECITALS A. Covenantor is owner of record of that certain real property located in the City of Huntington Beach, County of Orange, State of California legally described in the attached Exhibit "A." B. On July 6, 2004, the City Council approved Final Tract Map Number 16497. City imposed conditions of approval on the Project, requiring Covenantor to submit an Affordable Housing Agreement Plan (the "Declaration") for review and approval by the Planning Department. The City further required that the plan or declaration shall provide 15% of the total number of units or 3 units to be affordable housing for households earning less than 120% of the Orange County Median Income for a period of thirty years. The execution and recordation of this Declaration is intended to fully satisfy that condition. NOW, THEREFORE, the parties hereto agree and covenant as follows: 1. Affordability Covenants. Covenantor agrees for itself and its successors and assigns, and every successor to Covenantor's interest in the affordable unit, or any part thereof, 1 GAAGREEMT\2)004\afford house 04\MainStreet 12-22-04-revised.doc CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK June 1, 2005333 Tom Daly O. C. Clerk-Recorder , P.O. Box 238 Santa Ana, CA 92702-0238 Enclosed please find the REVISED AND RESTATED DECLARATION OF CONDITIONS, COVENANTS AND RESTRICTIONS FOR PROPERTY by and between Mainstreet Townhomes, LLC and the City of Huntington Beach 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 Revised & Restated Declaration of Conditions, Covenants and Restrictions when recorded to this office in the enclosed self-addressed stamped envelope. oan L. Flynn City Clerk Enclosures Re: Revised Declaration of CCR's—Tract#16497—Mainstreet Townhomes-Location: SWC Main&Holly Sts. G:/fol lowu p/deeds/deed letter2002.doc Procedure#18 (Telephone:714-536-5227) .......... Recorded in Official Records, Orange County Tom Daly, Clerk-Recorder NO FEE RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: 2004001084613 08:04am 12/07/04 200 200 D02 9 City of Huntington Beach 0.00 0.00 0-00 0.00 0.00 0.00 0.00 0.00 2000 Main Street Huntington Beach, CA 92648 Attn: City Clerk (Space above for Recorder's use) This document is exempt from recording fees pursuant to Government Code Section 27383. DECLARATION OF CONDITIONS, COVENANT'S AND RESTRICTIONS FOR PROPERTY (RESALE RESTRICTIONS) This Declaration Of d enants And Restrictions For Property (the "Declaration")is made as of 200_,by and between AlIqlA451-;�W&T 7_6A1W1_10&105 (the "Covenantor"), and THE CITY OF HUNTINGTON BEACH, a California municipal corporation (the "City") and the REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a public body corporate and politic (the "Agency"). Collectively, the City and Agency will be referred to as the "Covenantee". RECITALS A. Covenantor will be owner of record of that certain 'real property located in the City of Huntington Beach, County of Orange, State of California legally described in the attached Exhibit 11X'. B. On the C1/7/ &&WL (City Council or City Engineer) approvedr�/Wz- 7P,4yV'A,,9P(Final Tract Map or Parcel Map)Number I(W�7 . City imposed conditions of approval on the Project, requiring Covenantor to submit an Affordable Housing Agreement Plan (the "Declaration") for review and approval by the Planning Department. The City further re red that the plan or declaration shall provide /_5_ % of the total number of units or V number of units to be affordable housing for households earning less than /40 % of the Orange County Median Income for a period of sixty years. The execution and recordation of this Declaration is intended to fully satisfy that condition. NOW,THEREFORE, the parties hereto agree and covenant as follows: L Affordability Covenants. Covenantor agrees for itself and its successors and assigns, and every successor to Covenantor's interest in the affordable unit, or any part thereq that the property located at 7331' 73yv, /iv/) 73,Y9 3elTe61012i- which consists of GAAGREEMT12004%affcrd house 0411nd.Housing,CC&R-Master 8-4-04,doc units, shall be designated as affordable and shall be held subject to this Declarat Nor sixty years from the date of Notice of Completion of units built in Tract Number as follows: (a) Each affordable unit shall only be owned and occupied by Covenantor or by "��f�Ji��.'' (Very Low-, Low-, or Median-) Income Households", which shall mean persons or families earning not more than•ONE. /-/OIW E) I'9�1t 6& l( (IC• %) .or less of the Orange County median income, adjusted for household size appropriate for the property as determined by the Agency based on statistics published by the United States Department of Housing & Urban Development or established by the State of Califomia, pursuant to Health and Safety Code Section 50093, or a successor statute. (b) The affordable unit shall only be sold at an "Affordable Housing Cost" to �)!/l A) (Very Low-, Low-, or Median-) Income Households. Affordable Housing Cost shall mean the permitted gross sales price of the unit as set forth in the Affordable Housing Price/Income Guidelines or successor guidelines published, from time to time, by the City for such purpose. (c) The term of this agreement shall commence on the date this document is recorded with the Orange County Recorder's Office and continue for sixty years ("Affordability Period"). The covenant contained in this Section 1 shall run with the affordable unit and shall automatically terminate. and be of no further force or effect upon the expiration of the Affordability Period. 2. Transfer of affordable unit.No transfer of the affordable unit shall occur until the City determines (a) that the proposed purchaser intends to occupy the affordable unit as the proposed purchaser's principal residence, (b) that the proposed purchaser is a AIMM t1 (Very Low-, Low-, Median-) Income Household, and (c) that the proposed transfer occurs at an Affordable Housing Cost. In the event that Covenantor (including successors and assigns) desires to sell the affordable unit, 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 unit and his/her/its gross income, and an affidavit of the proposed purchaser disclosing and certifying the amount of the proposed purchase price. The City shall not be obligated to approve a transfer unless and until the proposed purchaser has submitted to the City such information and completed such forms. In the interest of expediting the close of escrow for such proposed transactions, the City shall reasonably approve or disapprove such submissions as soon as practicable after submission of such forms, and in no event later than fourteen (14) days after GAAGREEM•i\2004\afford house 04\1ncl.HousingCC&R-Master 8-4-04.doc 2 submission of a completed form. If the City fails to approve or disapprove a submission within such fourteen (14) day period, the City shall be deemed to have approved such transfer in accordance with the foregoing. Prior to conveyance of the affordable unit, each approved purchaser shall also submit to the City an executed disclosure statement which certifies that the purchaser is aware that the purchaser buying the affordable unit may only sell the unit at an Affordable Housing Cost to a AY,614A) (Very Low-, Low-, Median-) Income Household, that the maximum permitted sales price may be less than fair market value and that the affordable unit must be owner-occupied at all times and cannot be rented or leased. Covenantor shall cooperate with the City in providing such forms to proposed purchasers and in assisting proposed purchasers to prepare such forms and to provide any required information to the City in connection with only the Covenantor's sale of the affordable unit, provided that the Covenantor shall not be obligated to incur any out-of-pocket casts in connection therewith, other than employee time dedicated to providing such assistance. THE COVENANTOR AND EACH SUCCESSOR, HEIR, OR ASSIGN OF COVENANTOR UNDERSTAND THAT THE DETERMINATION OF THE AFFORDABLE HOUSING COST CAN BE MADE ONLY AT THE TIME OF THE PROPOSED TRANSFER, TAKING INTO CONSIDERATION INTEREST RATES, THE TERMS OF SALE OFFERED TO AND THE ECONOMIC CIRCUMSTANCES OF THE PROPOSED PURCHASER AND OTHER FACTORS THAT CANNOT BE ACCURATELY PREDICTED, AND THAT THE TRANSFER PRICE PERMITTED HEREUNDER MAY BE LESS THAN THE FAIR MARKET VALUE OF THE PROPERTY AND MAY NOT INCREASE OR DECREASE IN THE SAME MANNER AS OTHER SIMILAR REAL PROPERTY WHICH IS NOT ENCUMBERED BY THIS RESTRICTION. COVENANTOR AND EACH SUCCESSOR, HEIR, OR ASSIGN OF COVENANTOR FURTHER ACKNOWLEDGES THAT AT ALL TIMES IN SETTING THE TRANSFER PRICE, THE PRIMARY OBJECTIVE OF THE CITY ��lTH�S DECLARATION IS TO PROVIDE HOUSING TO A/111,.1J (VERY LOW-, LOW-, MEDIAN-) INCOME HOUSEHOLDS AT AN AFFORDABLE HOUSING COST. Covenantor's Initi 3. Covenantor shall include in the escrow instructions and Purchase and Sale Agreements with buyers a provision which requires each buyer to record a covenant which will run with the land and bind all successors-in-interest or assignees that will ensure that all subsequent buyers and occupants qualify as /t'l /ASV (Very Low-, Low-, or Median-) Income households. Said covenant shall remain in full force and effect for the Affordability Period as set forth in Section 1. 4. Non-Discrimination Covenants. Covenantor covenants by and for itself, its successors and assigns, and all persons claiming under or through them that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, G_1AGREEMT12004tafford house 0411nd.Housing CC&R-Master 8-4-04.doe 3 religion, sex, sexual orientation, creed, ancestry, national or ethnic origin, age, family or martial status, handicap or disability, in the sale, transfer, use, occupancy, tenure, or enjoyment of the affordable unit, nor shall Covenantor itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, subtenants, or vendees in the affordable unit. Covenantor and its successors and assigns shall refrain from restricting the sale of the affordable unit on the basis of race, color, religion, sex, sexual orientation, creed, ancestry, national or ethnic origin, age, family or martial status, handicap or disability, of any person. All such deeds 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, sexual orientation, creed, ancestry, national or ethnic origin, age, family or martial status, handicap or disability, in the sale, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee himself or herself or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, or vendees in the land herein conveyed. The foregoing covenants shall run with the land." (b) In contracts: "There shall be no discrimination against or segregation of, any person, or group of persons on account of race, color, religion, sex, sexual orientation,creed, ancestry, national or ethnic origin, age, family or martial status, handicap or disability, in the sale, transfer, use, occupancy, tenure or enjoyment of the premises, nor shall the transferor himself or herself or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location,number, use of occupancy of tenants, subtenants or vendee of the premises." (c) In leases: "The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assignees, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions: "That there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, religion, sex, sexual orientation, creed, ancestry, national or ethnic origin, age, family or martial status, handicap or disability in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or G_1AGREEMT20041affurd house Mind.Housing CC&R-Master 8-4-04.doc 4 that the property located at 7331, 7341 and 7349 Bret Court, which consists of 3 units, shall be designated as affordable and shall be held subject to this Declaration for thirty years from the date of Notice of Completion of units built in Tract Number 16497 as follows: (a) Each affordable unit shall only be owned and occupied by Covenantor or by "Moderate Income Households," which shall mean persons or families earning less than One Hundred Twenty percent (120%) of the Orange County median income, adjusted for household size appropriate for the property as determined by the Agency based on statistics published by the United States Department of Housing & Urban Development or established by the State of California, pursuant to Health and Safety Code Section 50093, or a successor statute. (b) The affordable unit shall only be sold at an"Affordable Housing Cost"to Moderate Income Households. Affordable Housing Cost shall mean the permitted gross sales price of the unit as set forth in the Affordable Housing Price/Income Guidelines or successor guidelines published, from time to time, by the City for such purpose. (c) The term of this agreement shall commence on the date this document is recorded with the Orange County Recorder's Office and continue for thirty years ("Affordability. Period"). The covenant contained in this Section 1 shall run with the affordable unit and shall automatically terminate and be of no further force or effect upon the expiration of the Affordability Period. 2. Transfer of affordable unit.No transfer of the affordable unit shall occur until the City determines (a) that the proposed purchaser intends to occupy the affordable unit as the proposed purchaser's principal residence, (b)that the proposed purchaser is a Moderate Income Household, and (c)that the proposed transfer occurs at an Affordable Housing Cost. In the event that Covenantor(including successors and assigns) desires to sell the affordable unit, Covenantor shall send written notice thereof to the City at the following address: City of Huntington Beach 2000 Main 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 unit and his/her/its gross income, and an affidavit of the proposed purchaser disclosing and certifying the amount of the proposed purchase price. The City shall not be obligated to approve a transfer unless and until the proposed purchaser has submitted to the City such information and completed such forms. In the interest of expediting the close of escrow for such proposed transactions, the City shall reasonably approve or disapprove such submissions as soon as practicable after submission of such forms, and in no event later than fourteen (14) days after submission of a completed form. If the City fails to approve or disapprove a submission within such fourteen (14) day period, the City shall be deemed to.have approved such transfer in accordance with the foregoing. Prior to conveyance of the affordable unit, each approved 2 G:\AGREEMT\2004\afford house 04\MainStreetl2-22-04-revised.doc purchaser shall also submit to the City an executed disclosure statement which certifies that the purchaser is aware that the purchaser buying the affordable unit may only sell the unit at an Affordable Housing Cost to a Moderate-Income Household, that the maximum permitted sales price may be less than fair market value and that the affordable unit must be owner-occupied at all times and cannot be rented or leased. Covenantor shall cooperate with the City in providing such forms to proposed purchasers and in assisting proposed purchasers to prepare such forms and to.provide any required information to the City in connection with only the Covenantor's sale of the affordable unit, provided that the Covenantor shall not be obligated to incur any out- of-pocket costs in.connection therewith, other than employee time dedicated to providing such assistance: THE COVENANTOR AND EACH SUCCESSOR, HEIR, OR ASSIGN OF COVENANTOR UNDERSTAND THAT THE DETERMINATION OF THE AFFORDABLE HOUSING COST CAN BE"MADE ONLY AT,THE TIME OF THE PROPOSED TRANSFER, TAKING INTO CONSIDERATION INTEREST RATES, THE TERMS OF SALE OFFERED TO AND THE- ECONOMIC CIRCUMSTANCES OF THE PROPOSED PURCHASER AND OTHER FACTORS THAT CANNOT -BE ACCURATELY PREDICTED, AND THAT THE TRANSFER PRICE PERMITTED HEREUNDER MAY BE LESS THAN THE FAIR MARKET VALUE OF THE PROPERTY AND MAY NOT INCREASE OR DECREASE IN THE SAME MANNER AS OTHER SIMILAR REAL PROPERTY WHICH IS NOT ENCUMBERED BY THIS RESTRICTION. COVENANTOR AND EACH SUCCESSOR, HEIR, OR ASSIGN OF COVENANTOR FURTHER ACKNOWLEDGES THAT. AT ALL"TIMES IN SETTING THE TRANSFER PRICE,THE.PRIMARY OBJECTIVE OF THE CITY AND THIS DECLARATION IS TO PROVIDE HOUSING TO MODERATE INCOME HOUSEHOLDS AT AN AFFORDABLE HOUSING COST. fvenantor's Initials 3. Covenantor shall include in the escrow instructions and Purchase and Sale Agreements with buyers a provision which requires each buyer to record a covenant which will run with the land and bind all successors-in-interest or assignees that will ensure that all subsequent buyers and occupants qualify as Moderate Income Households. Said covenant shall remain in full force and effect for the Affordability Period as set forth in Section 1. 4.. Non-Discrimination Covenants. Covenantor covenants by and for itself, its successors and assigns, and all persons claiming under or through them that there shall be no , discrimination against or segregation of any person or group of persons on account of race, color, religion,'sex, sexual orientation, creed, ancestry, national or ethnic origin, age, family or martial status, handicap or disability, in the sale, transfer, use, occupancy, tenure, or enjoyment of the affordable unit, nor shall Covenantor itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the 3 . G:\AGREEMT2004\afford house 04\MainStreet 12-22-04-revised.doc selection, location, number, use or occupancy of tenants, subtenants, or vendees in the affordable unit. Covenantor and its successors and assigns shall refrain from restricting the sale of the affordable unit on the basis of race, color, religion, sex, sexual orientation,creed, ancestry, national or ethnic origin, age, family or martial status, handicap or disability, of any person. All such.deeds 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, sexual orientation, creed, ancestry, national or ethnic.origin, age, family or martial status, handicap or disability, in the sale, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee himself or herself or any person claiming under or through him or her, establish or permit any such practice or.practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, or vendees in the land herein conveyed. The foregoing covenants shall run with the land." (b) In contracts: "There shall be no discrimination against or segregation of, any person, or group of persons on account of race, color, religion, sex, sexual orientation, creed, ancestry, national or ethnic origin, age; family or martial status, handicap or disability, in the sale, transfer, use, occupancy, tenure or enjoyment of the premises, nor shall the transferor himself or herself or any person claiming under or through him or her, establish or permit any _ such practice or practices of discrimination or segregation with reference-to the selection, location, number, use of occupancy of tenants, subtenants or vendee of the premises." (c) In leases: "The lessee herein covenants by and for himself or herself, his or her heirs,executors, administrators, and assignees, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions: "That there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, religion, sex, sexual orientation, creed, ancestry, national or ethnic origin, age, family or martial status, handicap or disability in the leasing, subleasing, transferring, use, occupancy,; tenure, or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person claiming under or through him-or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants., lessees, sublessees, subtenants, or vendees in the premises herein leased." . 4 GAAGREEMT2004\afford house 04\Main Street 12-22-04-rev ised.doc 5. 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. 6. 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 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. 7. Counterparts. This Agreement may be executed in a number of :counterparts, each of which shall be an original,.but all of which shall constitute one and the same document. 8. Applicable Law. (a) If any provision of this Agreement or portion thereof, or the application of any provision to any person or circumstances, shall to any extent be held invalid, inoperative, or unenforceable, the remainder of this Agreement, or.the application of such provision or portion thereof to any other persons or circumstances, shall not be affected thereby and it shall not be deeded that!any such invalid provision affects the consideration for this Agreement; and each provision of.this Agreement shall be valid and enforceable to the fullest extent permitted by law.- (b) -This Agreement shall-be construed in accordance with the laws of the State of California. [Signatures and Jurats to Follow] 5 G:\AGREEMT\2004\atTord house 04\MainStreet 12-22-04-revised.doc IN WITNESS WHEREOF, the Covenantee and Covenantor have caused this instrument to be executed on their behalf by their respective officers hereunto duly authorized as of the date set forth above. COVENANTOR: COVENANTEE: MAIN STREET TOWNHOMES LLC, a CITY OF HUNTINGTON BEACH, California limited liability company a California municipal corporation . BY. t Title:Q�j�> ,,�I�i�-G�g � yor `- By: ._ — City Clerk tl THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a public body corporate and politic By: / Deputy Executive Director. APPROVED AS TO FORM: VV '� City Attorney/A e cy ounsel IN IT ED AND AP ROVED: Planning Director REVIEWED AND APPROVED: Ci- y Administrator 6 GAAGREEMTW04\afford house 04\MainStreet 12-22-04-revised.doc EXHIBIT"A" Legal Description of the affordable unit - The property shall mean and refer to .that. certain real properties located in the City of Huntington Beach, County of Orange , State- of California, _more particularly : described 'as Unit 18., Lot 1 of Tract 16497 as per map recorded in Book.'86.0.% Pages:.:25:.`and 26 of miscellaneous maps in the office o.f lt;he. county recorder; of :said county, and commonly known as 7333 Bret Court., Huntington `Beach, California 92648 ; Unit .`19 , . Lot 1 of Tract 16497 as per map recorded in Book 860., Pages 25 and 26 of miscellaneous mans in the office of the county recorder of said county, and commonly known as 7341 Bret Court, Huntington Beach, California 92648 ; and Unit 20 , Lot 1 of Tract 16497 as per map recorded in Book 860 , Pages 25 and 26 of miscellaneous Leaps in the office of the county recorder of said county, and commonly known as 7349 Bret Court , Huntington Beach, California 92648 . ALL-PURPOSE ACKNOWLEDGMENT State of County of On � � , before me, � Date �o i Name and Title of Officer(e.g.,"Jane Doe, Notary Public) personally appeared Name(s)of Signer(s) [ ] personally known to me [ ) proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and ANGELA ERICKSON acknowledged to me that he/she/they executed COMMISSION#1522872 the same in his/her/their authorized L Notary Public-California capacity(ies), and that by his/her/their ORANGE COUNTY signature(s)t naure(/s on e instrument person(s),My Commission Expires i g l ) the it nt the s , or p ( ) OCT acted,the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Sig nature 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 of Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer RIGHT THUMBPRINT Signer's Name: OF SIGNER [ ] Individual Top of thumb here [ ] Corporate Officer—Title(s): [ ] Partner—[ ] Limited [ ] General [ ] Attorney in Fact [ ] Trustee [ ] Guardian or Conservator [ ] Other: Signer is Representing: PSF Form 15302LO ACKNOWLEDGMENT Title of Document: Date of Document: ---------------------------------------------------------------------------------------------------------------- State of California ) ) SS. County of On I l� before me,T�Y�����/� ►�L� personally appeared personally known to me(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in .his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. ANGELA ERICKSON COMMISSION#1522872 = �— o Notary Public•California C Si natui.A � ORANGE COUNTY � g My Commission Expires OCTOBER 29,2008 FOR NOTARY STAMP f occupancy of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased." S. 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. b. 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 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. 7. Counterparts. This Agreement may be executed in a number of counterparts, each of which shall be an original, but all of which shall constitute one and the same document. S. Applicable Law. (a) If any provision of this Agreement or portion thereof, or the application of any provision to any person or circumstances, shall to any extent be held invalid, inoperative, or unenforceable, the remainder of this Agreement, or the application of such provision or portion thereof to any other persons or circumstances, shall not be affected thereby and it shall not be deeded that any such invalid provision affects the consideration for this Agreement; and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. (b) This Agreement shall be construed in accordance with the laws of the State of California. [Signatures and durats to Follow] GAAGREEMT%Z0041afford house Wincl.Housing CC&R-Master 8-4-04.doc S IN WITNESS WHEREOF, the Covenantee and Covenantor have caused this instrument to be executed on their behalf by their respective officers hereunto duly authorized as of the date set forth above. COVENANTOR: COVENANTEE: a California CITY OF HUNTINGTON BEACH, l/61/�fJJ �Cf�4.g/L��/ CST/dam a California municipal corporation I3y. Title. Mayor f By: f� City Clqfk THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a public body corporate and politic By: A�td C Deputy Executive Director APPROVED AS TO FORM: pp r City Attorney/Agency Courfsel INIT ED AND APPROVED: Planning Director REVIEWED AND APPROVED: C ty Administrator G:AGREEMT%20041afford house 0411ncl.Housing CC&A-Master 8.4-04.doc 6 STATE OF CALIFORNIA } ss. COUNTY OF ORANGE ) On Q f _, 20014 , before me, the undersigned, a Notary Public in and for said State,personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the persons or the entities upon behalf of which the person acted executed the instrument. WITNESS my hand and official seal. ANGEL q Ri XSON 4 COMMISSION#1278g'0 "OtarY Public-Cagiomia c E ColiN y v MY Commission Expires Signature f Notary Public OCTOBEa3 25,2004 (SEAL) ATE OF CALIFORNIA ) } ss. CO Y OF ORANGE } On 200_q, before me, the undersigned, a Notary Public in and for said State, rsonally appeared f A V (9►rj!P j2 17rsonally known to me to be the on whose name is subscribed to e within instrument and acknowledged to me that he/she executed the same in his/her authoriz capacity, and that by his/her signature on the instrument the persons or the entities upon behalf which the person acted executed the instrument. WITNESS my hand and cial seal. Signature of Notary Public (SEA A�-i h ,6, G:IAGRE£MT\20041afford house 041Ind.liousing CC&R-Master 8-4-04.doc 7 All f() A c Vn 0 Wj�d(3r fd- � CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT --- --------- State of California County of 11 ` ` before me, L On 60u_cj�__"�0 Dale jhy Nam ffand Tffle of Officer -Jane jD ,Notary Public'} personally appeared of WdrleAs) Ypersonally known to me '_9 eved to 1448 OR th"Rele ef 8 to be the persoro whose name(o is(&ubscribed to the withi instrument and acknowledged to me that he/sh e they executed the same in his/he eir n el authorize capaclt�el and that by his/he)* signatures( on the instrument the persorQ, or e KELLY LOUISE MANDI entity upon behalf of which the persoro acted, Commission # 1372 executed the instrument. z Notary Public - California z Orange County 4MY Comm.Expires WITNESS my hand and official seal. /C (A Place Notary Seal Above K 1111-IFIMAX dew Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Sign er(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: 71 Individual E Individual 71 Corporate Officer Title(s): El Corporate Officer—Title(s): Partner—0 Limited D General MejolliallikV51:2--112, 0 Partner—0 Limited 0 General 111111111111111111129MMAW -D Attorney in Fact C Attorney in Fact Top of thumb hefe Top of thumb here 0 Trustee 0 Trustee FJ Guardian or Conservator El Guardian or Conservator LD Other: F1 Other: Signer Is Representing: Signer Is Representing: ®2004 National Notary Association•OW Do Solo Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Iterr No.5907 Reorder:Call Toll-Free 1-80"76-6827 EXHIBIT "A" Legal Description of the affordable unit s (to be inserted) The property shall mean and refer to that certain real properties located in the City of Huntington Beach, County of Orange , State of California, more particularly described as ; Unit 18 , Lot I of Tract 16497 as per map recorded in Book 860 , Pages 25 and 26 of miscellaneous maps in the office of:the county recorder of said county, and commonly known as 7333 Bret Court, Huntington Beach, California 92648 ; Unit 19, Lot 1 of Tract 16497 as per map recorded in Book. 860., Pages 25 and 26 of miscellaneous maps in the office of the county recorder of said county, and commonly known as 7341 Pret Court, Huntington Beach, California 92648; and Unit 20 , Lot 1 of Tract 16497 as per map recorded in Book 860 , Pages 25 and 26 of miscellaneous zaps in the office of the county recorder of said county, and commonly known as 7349 Bret Court , Huntington Beach, California 92648 , 7- "V CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK December 3, 2004 Tom Daly O. C. Clerk-Recorder P.O. Box 238 Santa Ana, CA 92702 Enclosed please find the DECLARATION OF CONDITIONS,COVENANTS AND RESTRICTIONS FOR PROPERTY by and between Mainstreet Townhornes, LLC and the City of Huntington Beach 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, Covenants and Restrictions when recorded to this office in the enclosed self-addressed stamped envelope. Joan L. Flynn ly City Clerk Enclosures Re: Declaration of CCR's—Tract#16497—Mainstreet Townhornes-Location:SWC Main&Holly Sts. G:/followupideeds/deedletter2OO2.doc Procedure#18 (Telephone-714-536-5227) Council/Agency Meeting Held: Deferred/Continued to: too )(Approved U Conditionally Approved 0 Denied ler s Sigdure Council Meeting Date: November 15, 2004 Departme Number- PL04-26 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS CILL".�t U L BEI EP, SUBMITTED BY: PE NELOP(ULB ETH-GRAFT, City Ad i t PREPARED BY: HOWARD ZELEFSKY, Director of Planning SUBJECT: APPROVE AFFORDABLE HOUSING AGREEMENT (MAINSTREET TOWNHOMES LLC) 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 Mainstreet Townhomes LLC to approve an affordable housing agreement for a 20 unit attached townhome project located at the southwest corner of Main and Holly Streets. The agreement will restrict three townhomes to median income households for a period of 60 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 Mainstreet Townhomes LLC, and authorize the Mayor and City Clerk to sign and execute (Attachment No. 1)." Ali 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 Mainstreet Townhomes LLC, and direct staff accordingly." REQUEST FOR CITY COUNCIL ACTION MEETING DATE: November 15, 2004 DEPARTMENT ID NUMBER: PL04-26 Analysis: A. PROJECT PROPOSAL: Applicant. Mainstreet Townhomes LLC, 5622 Research Drive, Huntington Beach, CA 92649 Location: Southwest corner of Main and Holly Streets The affordable housing agreement will restrict three on-site two-bedroom units to median income households for a period of 60 years. The Mainstreet Townhome project was approved by the Planning Commission on November 12, 2003. The project consists of 20 attached townhome units on a 1.42 acre site. There are 17 three-bedroom units and three two-bedroom units; each has a two car garage. B. ANALYSIS: The project is located within the Holly Seacliff Specific Plan area, which requires that 15 percent of the units must be affordable. The Specific Plan also requires that the units be located within the Specific Plan area. By restricting three units within the project, the applicant's proposal is consistent with the Specific Plan. The proposed agreement is also consistent with recent City Council action on a city-wide affordable housing ordinance as it relates to income level and term of affordability. The three for-sale units would be restricted to median income households for a period of 60 years. The units will be affordable to households earning no more than 100 percent of the Orange County median income. For a four-person household this is the equivalent of $74,200 in annual gross income. The maximum sales price of these units is expected to be approximately $270,000 to $275,000. Final sales prices will be determined by the City of Huntington Beach. The proposed agreement is consistent with Holly Seacliff Specific Plan requirements, the proposed city-wide affordable housing ordinance and standard affordable housing agreements prepared by the City Attorney's Office. Therefore, staff recommends the City Council approve the agreement. Environmental Status: The subject request is not subject to the California Environmental Quality Act pursuant to Section 15061 (b) (3). PL04426Covenant -2- 10/29/2004 10:16 AM C � t REQUEST FOR CITY COUNCIL ACTION MEETING DATE: November 15, 2004 DEPARTMENT 1D NUMBER: PL04-26 Attachments : City Clerk's Page Number No. Description 1. Affordable Housing Agreement RCA Author: Medel/MBB i PL04-26Covenant -3- 10129/200410:16 AM ATTACHMENT 1 RECORDING REQUESTED BY ) AND WAN 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?iMditi n Cvenants And Restrictions For Property (the "Declaration")is made as of /G �'� 200� by and between A2l9r/!/.s/�yFr T4GUNf{�°1i`tf� .CL' (the "Covenantor"), and THE CITY OF HUNTINGTON BEACH, a California municipal corporation (the "City") and the REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a public body corporate and politic (the "Agency"). Collectively, the City and Agency will be referred to as the"Covenantee". RECITALS A. Covenantor will be owner of record of that certain real property located in the City 'of Huntington. Beach, County of Orange, State of California legally described in the attached Exhibit"A". B. On JO,/-Y 2601, the e17Y (City Council or City Engineer)approved, //V4-- T/�`110 Final Tract Map or Parcel Map)Number /(a</917 City imposed conditions of approval on the Project, requiring Covenantor to submit an Affordable Housing Agreement Plan (the "Declaration") for review and approval by the Planning Department_ The City further required that the plan or declaration shall provide 10 % of the total number of units or 2:� number of units to be affordable housing for households earning less than /0 U % of the Orange County Median Income for a period of sixty years. The execution and recordation of this Declaration is intended to fully satisfy that condition. NOW,THEREFORE, the parties hereto agree and covenant as follows: 1. Affordability Covenants. Covenantor agrees for itself and its successors and assigns, and every successor to Covenantor's interest in the affordable unit, or any part thereo that the property located at 733r 73y/, /1N) 73JIj e,0012.i- , which consists, of GAAGREEM7120041afford house 044nd-Housing CC&R-Master 54-04.dor 1 units, shall be designated as affordable and shall be held subject to this Declara�ti9n4or sixty years from the date of Notice of Completion of units built in Tract Number �y7 as follows: (a) Each affordable unit shall only be owned and occupied by Covenantor or by (Very Low-, Low-, or Median-) Income Households", which shall mean persons or families earning not more than-04-MiJAlAM fWA f( OG %) -or less of the Orange County median income, adjusted for household size appropriate for the property as determined by the Agency based on statistics published by the United States Department of Housing & Urban Development or established by the State of California, pursuant to Health and ; Safety Code Section 50093, or a successor statute. (b) The affordable unit shall only be sold at an "Affordable Housing Cost"to (Very Low-, Low-, or.Median-) Income Households. Affordable Housing Cost shall mean the permitted gross sales price of the unit as set forth in the Affordable Housing Price/Income Guidelines or successor guidelines published, from time to time, by-the-City for. such purpose. (c) The term of this agreement shall commence on the date this document is recorded with the Orange County Recorder's Office and continue for sixty.years ("Affordability Period'). The covenant contained in this Section 1 shall run with the affordable unit and shall automatically terminate_ and be of no further force or effect upon 'the expiration =of the Affordability Period. 2. Transfer of affordable unit.No transfer of the affordable unit shall occur until the City determines (a) that the proposed purchaser intends to occupy the affordable unit as the proposed purchaser's principal residence, (b) that the proposed purchaser is a I-IM19A) (Very Low-, Low-, Median-) Income Household, and (c) that the proposed transfer occurs at an Affordable Housing Cost. In the event that Covenantor (including successors and assigns) . desires to sell the affordable unit, 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 unit and his/her/its gross income, and an affidavit of the proposed purchaser disclosing and certifying the amount of the proposed purchase price. The City shall not be obligated to approve a transfer unless and until the proposed purchaser has submitted to the City such information and completed such forms. In the interest of expediting the close of escrow for such proposed transactions, the City shall reasonably approve or disapprove such submissions as soon as practicable after submission of such forms, and in no event later than fourteen'(14) days after.;; : . GAAGREEMT%20041af hrd house 0411nd.Housing CC&R-Master&4-04.doc submission of a completed form. If the City fails to approve or disapprove a submission within such fourteen (14) day period, the City shall be deemed to have approved such transfer in accordance with the foregoing. Prior to conveyance of the affordable unit, each approved purchaser shall also submit to the City an executed disclosure statement which certifies that the purchaser is aware that the purchaser buying the affordable unit may only sell the unit at an Affordable Housing Cost to a IIAJ14A) (Very Low-, Low-, Median-) Income Household, that the maximum permitted sales price may be less than fair market value and that the affordable unit must be owner-occupied at all times and cannot be rented or leased. Covenantor shall cooperate with the City in providing such forms to proposed purchasers and in assisting proposed purchasers to prepare such forms and to provide any required information to the City in connection with only the Covenantor's sale of the affordable unit, provided that the Covenantor shall not be obligated to incur any out-of-pocket costs in connection therewith, other than employee time dedicated to providing such assistance. THE COVENANTOR AND EACH SUCCESSOR, HEIR, OR ASSIGN OF COVENANTOR UNDERSTAND THAT THE DETERMINATION OF THE AFFORDABLE HOUSING COST CAN BE MADE ONLY AT THE TIME OF THE PROPOSED TRANSFER, TAKING INTO CONSIDERATION INTEREST RATES, THE TERMS OF .SALE OFFERED TO AND THE ECONOMIC CIRCUMSTANCES OF THE PROPOSED. PURCHASER AND OTHER FACTORS THAT CANNOT BE ACCURATELY PREDICTED, AND THAT THE TRANSFER PRICE PERMITTED HEREUNDER MAY BE LESS THAN THE FAIR MARKET VALUE OF THE PROPERTY AND MAY NOT INCREASE OR DECREASE IN THE SAME MANNER AS OTHER SIMILAR REAL PROPERTY WHICH IS NOT ENCUMBERED BY THIS RESTRICTION. COVENANTOR AND EACH SUCCESSOR, HEIR, OR ASSIGN OF COVENANTOR FURTHER ACKNOWLEDGES THAT AT ALL TIMES IN SETTING THE TRANSFER PRICE, THE PRIMARY OBJECTIVE OF THE CITY AND TMS DECLARATION IS TO PROVIDE HOUSING TO IkI (VERY LOW-, LOW-, MEDIAN-) INCOME HOUSEHOLDS AT AN AFFORDABLE HOUSING COST. Covenantor's Initi 3. Covenantor shall include in the escrow instructions and Purchase and Sale Agreements with buyers a provision which requires each buyer to record a covenant which will run with the land and bind all successors-in-interest or assignees that will ensure that all subsequent buyers and occupants qualify as AfAMrV (Very Low-, Low-, or Median-) Income households. Said covenant shall remain in full force and effect for the Affordability Period as set forth in Section 1. 4. Non-Discrimination Covenants. Covenantor covenants by and for itself, its successors and assigns, and all persons claiming under or through them that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, WAGREEMT120Mafford house 0411nd-Housing CC&R-Muster 84-04.doc 3 j religion, sex, sexual orientation, creed, ancestry, national or ethnic origin, age, family or martial status, handicap or disability, in the sale, transfer, use, occupancy, tenure, or enjoyment of the affordable unit, nor shall Covenantor itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number,use or occupancy of tenants, subtenants, or vendees in the affordable unit. Covenantor and its successors and assigns shall refrain from restricting the sale of the affordable unit on the basis of race, color, religion, sex, sexual orientation, creed, ancestry, national or ethnic origin, age, family or martial status, handicap or disability, of any person. All such deeds 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, sexual orientation, creed, ancestry, national or ethnic origin, age, family or martial status, handicap or disability, in the sale, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee himself or herself or any person claiming under or through hire or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, or vendees in the land herein conveyed. The foregoing covenants shall run with the land." (b) In contracts: "There shall be no discrimination against or segregation of, any person, or group of persons on account of race, color, religion, sex, sexual orientation, creed, ancestry, national or ethnic origin, age, family or martial status, handicap or disability, in the sale, transfer, use, occupancy, tenure or enjoyment of the premises, nor shall the transferor himself or herself or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location,number,use of occupancy of tenants, subtenants or vendee of the premises." (c) In leases: "The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assignees, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions: "That there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, religion, sex, sexual orientation, creed, ancestry, national or ethnic origin, age, family or martial status, handicap or disability in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or GAAGREEMT120041afford house 0411nc1.Housin8 CC&R-Master 84-04_doc 4 occupancy of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased." 5. 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. 6. 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 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. 7. Counterparts. This Agreement may be executed in a number of counterparts, each of which shall be an original, but all of which shall constitute one and the same document. 8. Applicable Law. (a) If any provision of this Agreement or portion thereof, or the application of any provision to any person or circumstances, shall to any extent be held invalid, inoperative, or unenforceable, the remainder of this Agreement or the application of such provision or portion thereof to any other persons or circumstances, shall not be affected thereby and it shall not be deeded that any such invalid provision affects the consideration for this Agreement; and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. (b) This Agreement shall be construed in accordance with the laws of the State of California. [Signatures and Jurats to Follow] GAAGREEMM20ftafford house 04Unct.Housin.-CC&R-Master 8-4-04.dor- 5 J IN WITNESS WHEREOF,the Covenantee and Covenantor have caused this instrument to be executed on their behalf by their respective officers hereunto duly authorized as of the date set forth above. COVENANTOR: COVENANTEE: a California CITY OF HUNTINGTON BEACH, 111111fA 11.4,61111-1 00 17dAl a California municipal corporation Ole Title: 1-1&44682 Mayor B City Clq% y: THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a public body corporate and politic By: Deputy Executive Director APPROVED AS TO FORM: City Attorney Agency Coutfsel INITI ED AND APPROVED: 'V Planning Director REVIEWED AND APPROVED: Cfty Administrator &AGREEMMOOCafford house 04Uncl.Housine CC&R-Master 84-04.doc • I STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On l l{ , 20014 , before me, the undersigned, a Notary Public in and for said State, personally appeared ; _ o 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 he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the persons or the entities upon behalf of which the person acted executed the instrument. WITNESS my hand and official seal. ANGE1,/1 ER�CKSON COMMISSION#1278510 N ORANGEPubliC-Callbmia MyCammissiCa� Tires Signaturecbf Notary Public OCTOBER 25,2o04 (SEAL) ATE OF CALIFORNIA ) } ss. CO TY OF ORANGE } On , 200q, before me, the undersigned, a Notary Public in and for said State, rsonally appeared l'U` 11 C9Y`r?�I?_'�' 17040 sonally known to me to be the person whose name is subscribed to a within instrument and acknowledged to me that he/she executed the same in his/her authoriz capacity, and that by his/her signature on the instrument the persons or the entities upon behalf which the person acted executed the instrument. WITNESS my hand and icial seal. Signature of Notary Public (SEA A-�iQC h -e, Cat ` •� for GAAGREEMM20041afford house 04Mncl.Housin,o CC&R-Master 8-4-44.doc 7 A fo Y' S A c kn a wle reml Flq� CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califomia ss. County of n On VjeCip alloeboe ore me, ee IN Lou;se Date Nam and T1410,11 Office,( "Jane 11 Notary Public") personally appeared Name(s)of Tigner(s) Kersonally known to me H preyed to me-OR th4-baeis ei 44-A G Q to be the persore whose names is a ubscribed to thewith' and acknowledged to me that w'n'w e, he/she x 0h; ecuted the same in his/he dh irl n" c and that by his/heoLe authorize capacitlyell signatureeon the instrument the perso- --* or the 'UM K KE ANDIC LLY LOUISE MANDIC entity upon behalf of which the person(D acted, Commission # 1372899 executed the instrument- z Notary Public - California 2- z Orange County My Comm.Expires Sep 1,2006 WITNESS my hand and official seal. Place Notary Seal Above signature of Nolary Pubfic 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: 0 individual El Individual El Corporate Officer Title(s): LJ Corporate Officer—Title(s): D Partner—0 Limited 0 General 0 Partner—D Limited 0 General slim![MiL!Rig El Attorney in Fact El Attorney in Fact Top of thumb hero Trustee 0 Trustee Top of thumb here El 11 Guardian or Conservator El Guardian or Conservator El Other: 0 Other. Signer Is Representing: Signer Is Representing: _j 0 2004 National Notary Association-9350 De Soto Ave..P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder.Call Toll-Free I-BOO-876-6827 EXHIBIT"A" Legal Description of the affordable unit s (to be inserted) The property shall mean and refer to that certain real properties located in the City of Huntington Beach, County of Orange, State ' of California, more particularly described as', Unit 18, Lot I of Tract 16497 as per map recorded in Book 860, Pages 25 and 26 of miscellaneous maps in the off-ice of:tlhe county recorder of said county, and commonly known as 7333 Bret Court, Huntington Beach, California 92648; Unit 19 , Lot I of Tract 16497 as per map recorded in Book 860, Pages 25 and 26 of miscellaneous maps in the office of the county recorder of said county, and commonly known as 7341 fret Court, Huntington Beach, California 92648; and Unit 20, Lot 1 of Tract 16497 as per map recorded in Book 860 , Pages 25 and 26 of miscellaneous maps in the office of the county recorder of said county, and commonly known as 7349 Bret Court, Huntington Beach, California 92648. RCA ROUTING SHE ET INITIATING DEPARTMENT: Planning SUBJECT: Affordable Housing Agreement for Mainstreet Townhomes LLC COUNCIL MEETING DATE: November 15, 2004 RCA ATTACHMENTS STATUS Ordinance Lw/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney Attached Subleases, Third Party Agreements, etc. Approved as to form by City Attomey) Not Applicable Certificates of Insurance (Approved by the City Attomey) Not Applicable Financial Impact Statement (Unbudget, over$5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval andlor Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator (Initial) City Administrator (initial) City Clerk EXPLANATION FOR RETURN OF ITEM: (Below Space For City Clerk's Use Only) RCA Author: HZJSH/MBBIRM _1fl CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON REACH Connie Brockway,City Clerk Office of the City Clerk Liz Ehring, Deputy City Clerk 11 To: Date: Meeting Date: Agenda Item: Proposed City Council Agenda Items: The City Clerk's Office/City Administrator's Office must return your agenda item due to the following requirements that have not been met. When your Agenda Item is ready to - resubmit,please return to: Elame-NAaW49— Administration Mafr 1. Signature(s)Needed A On RCA B On Agreement C Other 2. Attachments A Missing B Not identified C Other 3. Exhibits A Missing B Not identified C Other 4. Insurance Certificate(Proof Of Insurance) A Not attached B Not approved by City Attorney's Office C Signed form notifying City Clerk that department will be responsible for obtaining insurance certificate on this item.(See fonn.attached) 5. Wording On Request For Council Action(RCA)Unclear A Recommended Action on RCA not complete 77,77 B Clarification needed on RCA C Other 6. City Attorney Approval Required 17. Agreement Needs To Be Changed A Page No. 8. 'Other , 0:890ncWmiscfrcaform