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HomeMy WebLinkAbout2005 CON Covenant Not to Convey - Villa RealDOG # 2005-0482047 Recording Requested By: City of National City When Recorded Mail To: City of National City City Clerk 1243 National City Boulevard National Cit California 91950 II 14755 1 1 11 111 II I I I II 1111 111/1111 1111 JUN 08, 2005 3:45 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE I. REGORYJ. SMITH, COUNTY RECORDER FEES: 36.00 PAGES: 10 1111111111111111111111110111111111111 2005..0482947 111111 111111111111111111111111111111111111111 (Space Above for Recorder's Use COVENANT NOT TO CONVEY CONDOMINIUM UNITS THIS COVENANT NOT TO CONVEY CONDOMINIUM UNITS ("Agreement"), is made by and between VILLA REAL, LLC, a California limited liability company, ("Developer"), and the CITY OF NATIONAL CITY ("City") on its own behalf and on behalf of future purchasers of condominium units in the Project described below. Developer and the City agree as follows: 1. FACT RECITALS. This Agreement is made with reference to the following facts: (a) The Property. As of the date of this Agreement, Developer is the fee owner of that certain improved real property located at 915 east 4th Street in the City of National City, County of San Diego, State of California (hereinafter referred to as the "Property" or "Project"). Said Property is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. (b) Conditions of Approval of Final Map. Developer is converting the Property to a common interest subdivision. As part of this conversion, Developer must process a Subdivision Map and Conditional Use Permit with the City of National City. (c) Intention of the Parties. As a condition of approval of the Subdivision Map and the Planned Unit Development, the City has required Developer to provide evidence of completion of those certain e 14756 improvements to the Property described in Exhibit `B" attached hereto and incorporated herein by reference (the "Conditions of Approval") or to provide other security or make other arrangements satisfactory to the City to ensure that evidence of such improvements is made prior to the closing of escrow for the sale of any units as condominiums. Generally, the City requires developers to provide evidence that documents completion of the improvements set forth in the Conditions of Approval. By making this Agreement a part of the public record, the parties intend to prohibit the close of escrow for the sale of any unit in the Project until all required improvements have been made. 2. RESTRICTION AGAINST CLOSING ESCROW. No escrow shall close, funds shall not be released from escrow, and title shall not be conveyed to the purchaser of any unit in any Project building, until all of the conditions set forth on Exhibit "B" are met. 3. POWER TO ENFORCE. In the event Developer, Developer's successors, assigns, or any party having or acquiring any right, title, or interest in or to any part of the Project, sells or attempts to convey title to any condominium unit in the Project (said conveyance to include, but not be limited to, a conveyance of title by judicial or trustee's sale) prior to the time all required improvements have been made, the City shall have the right and power to pursue any remedy, legal or equitable, including, but not limited to, injunction or specific performance to enforce the obligations contained in this Agreement. 4. PARTIAL RELEASE AND RECONVEYANCE. Developer and City agree that upon completion of the required improvements on any of the residential units, and when all other conditions concerning said unit listed in paragraph 2 of this Agreement are met, Developer shall be entitled to a reconveyance and release by the City of the restrictions contained in this Agreement on that particular residential unit. Developer is entitled to said reconveyance and release on a unit -by -unit basis and may select the sequence of the residential units upon which it will complete the improvements. 5. TERMINATION OF RESTRICTION. Upon completion of the improvements listed in the paragraph of this Agreement entitled "RESTRICTION AGAINST CLOSING ESCROW" the City will reconvey to Developer and release any and all restrictions upon the property created by this Agreement or any other related Agreement, and this Agreement will terminate. In such event City agrees to execute any and all documentation requested by Developer or any title insurer necessary to release the cloud of this instrument from the title to the Property. 6. CONSIDERATION FOR THIS AGREEMENT. The consideration for this Agreement is the mutual covenants contained herein. • 14757 7. AMENDMENT. Only a writing signed by both parties, or the parties' successors or assigns may amend this Agreement. 8. NOTICES. Any notice from one party to the other shall be delivered either personally or via United States Mail, postage fully prepaid, addressed to the parties as follows: To DEVELOPER: Villa Real, LLC 1125 West Olive Street San Diego, CA 92103 To CITY: City of National City City Clerk 1243 National City Boulevard National City, California 91950 Any notice shall be deemed delivered at the time of personal service or forty-eight (48) hours after the time of deposit in the United States Mail, as the case may be. In the event either party changes its address, the change of address shall be communicated to the other party in the manner set forth in this paragraph. 9. NO ASSUMPTION OF LIABILITY BY CITY. By reason of this Agreement, the City shall not, nor shall any of its officers or employees, be liable or responsible for any accident, loss or damage happening or occurring to the work or improvements referred to herein. 10. ATTORNEYS' FEES. In the event either party shall be required to commence any action or proceeding against the other party by reason of any breach or claimed breach of any provision of this Agreement, or to commence any action or proceeding in any way connected with this Agreement, or to seek a judicial declaration of rights hereunder, the party prevailing in such action or proceeding shall be entitled to recover from the other party the prevailing party's reasonable attorneys' fees and costs, whether or not the proceeding or action proceeds to judgment. 14758 11. ENTIRE AGREEMENT. This Agreement and the exhibits attached hereto contain the entire agreement of the parties and supersede any prior or contemporaneous written or oral agreement between the parties. There are no representations, warranties, agreements, arrangements, or understandings, oral or written, between the parties related to the subject matter contained in this Agreement that are not fully expressed herein. 12. SUCCESSORS AND ASSIGNS. This Agreement is binding upon and inures to the benefit of the parties and the respective successors in interest, assigns, and transferees of the parties. 13. COUNTERPARTS. This Agreement may be signed in two (2) or more counterparts, each of which shall constitute an original, but both or which together shall constitute one (1) and the same document. CITY: By: zu : a, Mayor ATTEST: Michael Dalla i ty Clerk DEVELOPER: VILLA REAL, LLC a California limited liabil%t' company By: By: an as trustee the aniel J urlan Trust dated Februa .1996 i D J. F resi�ltnt °` t - truction Rehabilitation Services, Inc. Its: Managing Members APPRO ' D . TO FORM: George H. Eiser, III, City Attorney 14759 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �a�-•a�-•. •.a �,•4.< •.ax-•< 4' .'tea a• State of California County of Ct.lrl }ss. < a.� /deg-•v-•. .. qa . o A• •.< On StA.ne- f .CCS , before me, "1QYOt'11C0.. ES--i2Q. Cl Date personally appeared Name and Title of Officer (e.g., "Jane Doe, Notary Public") r-�cxxm MONICA ` "• Oommkom 1 15 117i7 Maly Mao • COromM Ian ClosaCawdo Place Notary Seal Above 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 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. 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. Sign turf Notary Public 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 Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here c-.9:"..”r"r-,•>. • ate. © 1999 National Notary Association • 9350 Do Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1.800-876-8827 14760 Exhibit "A" Legal Description That portion of the westerly half of 20 acre Lot 2 in Quarter Section 131 of Rancho de la Nacion, according to Map thereof No. 166 by Morrill, on file in the County Recorder's Office of said San Diego County, and all that portion of Lot "A" in Block 1 of Sunny Hill, according to Map thereof No. 1885, filed in the Office of the County Recorder of San Diego County, February 10, 1926, in the City of National City, County of San Diego, State of California. 14761 Exhibit "B" Conditions of Approval 1. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval to the Planning Director. The landscape plan shall reflect the use of drought tolerant plants and water conserving irrigation devices. 2. A trash enclosure shall be provided in accordance with City standards. It shall have an exterior to match the buildings. 3. All of the recommendations of the Property Condition Assessment and Pest Report shall be implemented prior to release of any unit for sale. 4. The developer shall provide a declaration of covenants, conditions and restrictions, running with the land, clearly setting forth the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common parking lot, walkways, stairs, trash enclosure(s), landscaping, recreation building, laundry room(s), fence(s), and pool prior to approval of the final map. Said CC&R's shall be subject to approval as to content and form by the City Attorney. The CC&R's shall allow the City the authority but not the obligation to assume maintenance of the property and assess the full cost including overhead costs therefore as a lien against the property if said property is not adequately maintained per the agreement. The CC&R's shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. 5. A corporation, association, property owners' group, or similar entity shall be formed with the right to asses all the properties which are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded conditions, covenants, and restrictions approved by the City Attorney as to form and content, which shall include compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs and services. 6. A rapid entry system for Police Department access shall be provided in compliance with Municipal Code Chapter 10.47. 7. The smoke detectors shall be updated in each unit prior to release of said unit for sale. 8. Each unit shall be improved with one -hour rated firewalls and floors prior to its release for sale. 14762 9. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 10. A drainage plan shall be submitted showing all of the proposed and existing on - site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution, and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading plan. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations. A checklist for preparation of the grading and drainage plan is available at the Engineering Department. 11. The property owner, or its successors and assigns, shall be responsible for the maintenance, repair, or reconstruction of all irrigation and landscaping improvements installed within the public right-of-way. Sprinkler heads shall be adjusted so as to prevent over spray upon the public sidewalk or the street. The proposed sprinkler heads shall be installed behind the sidewalk, and the irrigation mainline upon private property only, as required by the City. The property owner or, its successors or assigns, shall remove and relocate all irrigation items from the public right-of-way at no cost to the City, and within a reasonable time frame upon a written notification by the City Engineer. 12. For P.V.0 irrigation lines in the public right-of-way, a metallic identification tape shall be placed between the bottom layer of the finished surface and the top of the lines. 13. The existing and proposed curb inlet on property shall be provided with a "No Dumping" tile in accordance with the NPDES program. 14. A permit shall be obtained from the Engineering Department for all improvement work within the Public Right -of -Way, and the grading construction on private property. 15. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all of the proposed grading, drainage, street improvement, landscaping and retaining wall work shall be posted. Three percent (3%) of the estimated cost shall be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment. 147 6 3}X 16. A title report shall be submitted to the Engineering Department after Planning Commission approval for a review of all existing easements and the ownership at the property. 17. A private sewer easement for 303 Highland Avenue is required for a sewer lateral running from 303 Highland Avenue and connecting into the city sewer easement. 18. The final map shall meet all of the requirements of the Subdivision Map Act, and the National City Municipal Codes including certification, acknowledgment, complete boundary information and monumentation. 19. The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 20. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 21. All new property line survey monuments shall be set on private property, unless otherwise approved. 22. The final map shall use the California Coordinate System for its "Basis of Bearing" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian, and the north point shall appear on the map. Two measured ties form the boundary of the property to existing horizontal control stations shall be shown. 23. Owner must sign Private Storm Water Treatment Maintenance Agreement. 24. Television cable companies shall be notified a minimum of 48 hours prior to filing of cable trenches. 25. Exterior walls of buildings/freestanding signs/trash enclosures to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 26. The property owner shall submit a letter to the Sweetwater Authority stating fire flow requirements. The owner shall enter into an agreement with the Authority for any water facility improvements required for the proposed project. 27. [Intentionally Deleted] 28. Approval of the tentative map expires two (2) years after adoption of the resolution of approval at 5:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code Section 17.04.070. 141-a4 29. The Conditional Use Permit shall expire two (2) years after adoption of the resolution of approval at 5:00 p.m., or one year after recordation of the final map, whichever is later, unless exercised prior to that time, by transfer of any unit to separate ownership. One or more extensions of time may be granted, pursuant to provisions of the Land Use Code. 30. The covenants, conditions and restrictions (CC&R's) shall include a provision that authorizes the Home Owner's Association Board of Directors to impose owner occupancy restrictions not to allow more than 15 percent (15%) of the units in the complex to be occupied other than by an owner -occupant. 31. The future owners of the Villa Real complex shall improve the single -story structure fronting on 4th Street in its entirety for use as a recreation room. 32. The laundry room(s) are to be completely renovated with new machines. 33. The applicant shall submit evidence to the Planning Division that all requirements for notification of existing and prospective tenants have been met as required by California law. 34. Evidence shall be submitted to the Planning Division that each of the tenants have been given notice of an exclusive right to contract for the purchase of his/her unit at the same terms initially offered to the general public, as required by the Subdivision Map Act. RESOLUTION NO. 2005-131 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO APPROVE, ACCEPT AND RECORD THE VILLA REAL FINAL SUBDIVISION MAP LOCATED AT 4TH STREET AND J AVENUE (CONVERSION OF RESIDENTIAL REAL PROPERTY TO CONDOMINIUM PROJECT; S-2003-1, CUP 2003-8) WHEREAS, at a regular meeting of the City Council held on July 20, 2004, the City Council adopted Resolution No. 2004-129, approving the tentative subdivision map for the property at 4th Street and J Avenue generally described as: Being a subdivision of those portions of the westerly half of 20 acre Lot 2, in quarter section 131 of Rancho De La Naclon, in the City of National City, County of San Diego, State of California, according to map thereof No. 166 recorded May 11th, 1869 in the Office of the County Recorder of San Diego County, together with a portion of Lot 'A in Block 1 of Sunny Hill, in the City of National City, County of San Diego, State of California, according the map thereof No. 1885 recorded February 10th, 1926. WHEREAS, all requirements of the tentative subdivision map, the State Subdivision Map Act and Title 17 of the City of National City Municipal Code have been complied with. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby makes the following findings: 1. Each of the tenants of the proposed condominium project has received, pursuant to Govemment Code Section 66452.9, written notification of intention to convert at least 60 days prior to the filing of a tentative map, pursuant to Govemment Code Section 66452. 2. Each tenant and each person applying for the rental of a unit in such residential property has, or will have, received all applicable notices and rights now or hereafter required by Chapter 2 or by Chapter 3 of Division 2 of Title 7 of the Government Code. 3. Each tenant has received 10 days' written notification that an application for a public report will be, or has been, submitted to the Department of Real Estate, and that such report will be available upon request. 4. Each tenant of the proposed condominium project has been given written notification within 10 days of approval of the final map for the proposed conversion. 5. Each tenant of the proposed condominium project has been, or will be given, 180 days' written notice of intention to convert prior to termination of tenancy due to the conversion or proposed conversion. Resolution No. 2005-131 June 21, 2005 Page 2 6. Each tenant of the proposed condominium project has been, or will be given, notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than 90 days from the date of issuance of the subdivision public report pursuant to Business and Professions Code Section 11018.2, unless the tenant gives prior written notice of his or her intention not to exercise the right. BE IT FURTHER RESOLVED by the City Council of the City of National City that the final subdivision map for the subject property at 4th Street and J Avenue is hereby approved. BE IT FURTHER RESOLVED, that the Mayor, City Clerk and City Engineer are hereby authorized and directed to file said final subdivision map with the County Recorder. PASSED and ADOPTED this 21st day of June, 2005. ATTEST: a(l& Mich el Dalla, C' Clerk APPROVED AS TO FORM: mod•_ George H. Eiser, III City Attorney eat- ick Inzunza, Mayor Uh60 M,AP'L Passed and adopted by the Council of the City of National City, California, on June 21, 2005, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California A City CIArk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2005-131 of the City of National City, California, passed and adopted by the Council of said City on June 21, 2005. City Clerk of the City of National City, California By: Deputy City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 21, 2005 AGENDA ITEM NO. 15 ITEM TITLE Resolution of the City Council to approve, accept, and record Villa Real Final Subdivision Map located at 4th and "J" Avenue (S-2003-1, CUP-2003-8) PREPARED BY Adam Landa DEPARTMENT Engineering EXT. 4380 EXPLANATION Daniel Furlan, the owner of Villa Real Subdivision, has submitted a final map for the property at 4th Street and "J" Avenue for the City Council approval, acceptance, and filing with the County Recorder. The final map consists of one parcel with 97 condos. The planning Commission, on April 5, 2004, has reviewed and approved the tentative map. The City Council approved the tentative map by Resolution 2004-129 on July 20, 2004. The Engineering and Planning Department also have approved the final map. There are no street dedications on this map. The City Attorney's office has accepted a "Covenant not to Convey Condominium Units" instead of bonds for the required undergrounding. The condominium will not be sold until all of the required improvements are installed and approved. ( Environmental Review Financial Statement N/A N/A MIS Approval Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION COMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Subdivision Map Resolution No. 902 .LOOS' /3,/ A-200 (Rev. 7/03) RESOLUTION NO. 2005 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO APPROVE, ACCEPT AND RECORD THE VILLA REAL FINAL SUBDIVISION MAP LOCATED AT 4TH STREET AND J AVENUE (CONVERSION OF RESIDENTIAL REAL PROPERTY TO CONDOMINIUM PROJECT; S-2003-1, CUP 2003-8) WHEREAS, at a regular meeting of the City Council held on July 20, 2004, the City Council adopted Resolution No. 2004-129, approving the tentative subdivision map for the property at 4th Street and J Avenue generally described as: Being a subdivision of those portions of the westerly half of 20 acre Lot 2, in quarter section 131 of Rancho De La Nacion, in the City of National City, County of San Diego, State of Califomia, according to map thereof No. 166 recorded May 11th, 1869 in the Office of the County Recorder of San Diego County, together with a portion of Lot 'A' in Block 1 of Sunny Hill, in the City of National City, County of San Diego, State of California, according the map thereof No. 1885 recorded February 10th, 1926. WHEREAS, all requirements of the tentative subdivision map, the State Subdivision Map Act and Title 17 of the City of National City Municipal Code have been complied with. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby makes the following findings: 1. Each of the tenants of the proposed condominium project has received, pursuant to Govemment Code Section 66452.9, written notification of intention to convert at least 60 days prior to the filing of a tentative map, pursuant to Government Code Section 66452. 2. Each tenant and each person applying for the rental of a unit in such residential property has, or will have, received all applicable notices and rights now or hereafter required by Chapter 2 or by Chapter 3 of Division 2 of Title 7 of the Govemment Code. 3. Each tenant has received 10 days' written notification that an application for a public report will be, or has been, submitted to the Department of Real Estate, and that such report will be available upon request. 4. Each tenant of the proposed condominium project has been given written notification within 10 days of approval of the final map for the proposed conversion. 5. Each tenant of the proposed condominium project has been, or will be given, 180 days' written notice of intention to convert prior to termination of tenancy due to the conversion or proposed conversion. Resolution No. 2005 — June 21, 2005 Page 2 6. Each tenant of the proposed condominium project has been, or will be given, notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than 90 days from the date of issuance of the subdivision public report pursuant to Business and Professions Code Section 11018.2, unless the tenant gives prior written notice of his or her intention not to exercise the right. BE IT FURTHER RESOLVED by the City Council of the City of National City that the final subdivision map for the subject property at 4th Street and J Avenue is hereby approved. BE IT FURTHER RESOLVED, that the Mayor, City Clerk and City Engineer are hereby authorized and directed to file said final subdivision map with the County Recorder. PASSED and ADOPTED this 21st day of June, 2005. Nick Inzunza, Mayor ATTEST: Michael Dalia, City Clerk APPROVED AS TO FORM: George H. 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