HomeMy WebLinkAbout2015 CON (Declaration of Covenants Conditions and Restrictions) CDC Housing Authority - WITOD Housing and Paradise Creek ProjecttRecorded at the Request of
Old Republic Title Company -
Oakland
(I avtgo "•+C.
NO CHARGE ON THIS DOCUMENT
PER CALIFORNIA GOVERNMENT
CODE SECTION 6103
Recording -Requested By.
And When Recorded Mail To:
Christensen & Spath LLP
550 West C Street, Suite 1660
San Diego, CA 92101
DOC 2014-0510268
NOV 21.2016 4'.19 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
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DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
(HOME RESTRICTIONS)
(Paradise Creek)
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ("Declaration")
dated as of the 19th day of November, 2014, by the Community Development Commission -Housing
Authority of the City of National City ("Declarant") in connection with that certain real property
("Property") located in the City of National City, County of San Diego, California, described in
Exhibit "A" attached hereto and incorporated herein by reference.
RECITALS
A. The Declarant acquired the property using proceeds from a grant of Two Million
Ninety -Five Thousand Four Hundred Ninety -Two and No/100 Dollars ($2,095,492.00) ("Grant")
from the City of National City ("City") of U.S. Department of Housing & Urban Development
HOME Investments Partnership Program Funds.
B. The City conditioned the Grant upon the Declarant's agreement to cause the Property
to be restricted in accordance with the United States Department of Housing and Urban Development
HOME regulations (24 CFR Part 92). This Declaration is that agreement.
C. Upon completion of construction of residential units on the Property, the Declarant,
and all lessees, successors and assigns shall restrict eleven (11) floating residential units at the
Property for twenty (20) years, as set forth herein.
NOW, THEREFORE, Declarant hereby declares that the Property shall be subject to the
covenants, conditions and restrictions set forth below:
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1. Restrictive Covenants. Declarant agrees and covenants on behalf of itself and its successors
and assigns, and each successor in interest to the Property, that at all times during the term of this
Declaration set forth herein eleven (11) residential units at the Property shall be set aside and
reserved as "Affordable Units." As used herein the term "Affordable Units" shall refer to the eleven
(11) residential units in the Property which are owned or held available strictly in accordance with
the terms and conditions set forth below.
(a) Affordable Unit Restrictions. The following restrictions shall apply to the eleven (11)
floating Affordable Units restricted as set forth herein and which are subject to the applicable HOME
Program regulations (24 CFR Part 92). The Declarant shall advise the City as to which of the eleven
(11) floating Affordable Units are restricted under the applicable HOME Program regulations, prior
to initial occupancy. Such designations may be changed by Declarant, provided that the units before
and after the change in designation are of the same unit types, size and features and otherwise comply
with the terms of 24 C.F.R. §92.252(j). The Affordable Units will be restricted for twenty (20) years
under the HOME Program regulations commencing on the date all relevant project completion data
is entered into the HUD's Integrated Disbursement and Information System. The restrictions set
forth in the Table below shall establish the maximum rental rate, from which a utility allowance as
approved by the City shall be deducted: Number of Affordable Units (Column 1); Unit Type
(Column 2); Maximum Rents as Percentage of AMI (Column 3); Limit in Income of Eligible
Tenants based upon percentage of the Area Median Income (Column 4).
TABLE OF RENT AND INCOME RESTRICTION CRITERIA
1
2
3
5
NUMBER OF
AFFORDABLE
UNITS
UNIT TYPE/
SIZE
MAXIMUM RENTS
AS %AGE OF AMI
MAXIMUM % OF
AREA MEDIAN
INCOME OF
ELIGIBLE TENANTS
1
1-Bedroom
30% of 50%
50%
1
1-Bedroom
30% of 60%
60%
1
2-Bedroom
30% of 50%
50%
4
2-Bedroom
30% of 60%
60%
1
3-Bedroom
30% of 50%
50%
3
3-Bedroom
30% of 60%
60%
TOTAL AFFORD-
ABLE UNITS
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(b) "Eligible Tenants" are those tenants whose aggregate gross annual income does not
exceed the respective percentages set forth in the Table of Rent and Income Restriction Criteria set
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forth in Section 1(a), above, as adjusted for family size. For purposes of this Declaration, the annual
area median income shall be the area median income defined by the Department of Housing and
Urban Development ("HUD") as the then current area median income for the San Diego -Carlsbad -
San Marcos Metropolitan Statistical Area, established periodically by HUD and published in the
Federal Register, as adjusted for family size. The rents and the occupancy restrictions shall be
deemed adjusted, from time to time, in accordance with any adjustments that are authorized by HUD
or any successor agency. In the event HUD ceases to publish an established area median income as
aforesaid, the City may, in its sole discretion, use any other reasonably comparable method of
computing adjustments in area median income or HOME Program rents.
2. Annual Monitoring. Upon completion of construction of the Affordable Units, and in
accordance with 24 CFR § 92.254, the City will monitor the Property and Affordable Units not less
than one (1) time per year. Each review shall also include, but not be limited to on -site inspections
to determine compliance with all HOME regulations and standards. The Property operator shall fully
cooperate with the City.
3. Physical Condition of Affordable Units. The Affordable Units shall continually be
maintained in a condition which satisfies the Housing Quality Standards promulgated by the
Department of Housing and Urban Development under its Section 8 Program (24 CFR §982.401).
The City shall have the right to inspect the Affordable Units from time to time upon reasonable
advance notice and at reasonable business hours in order to verify compliance with the foregoing
maintenance covenant.
4. Compliance with HOME Regulations. Declarant shall comply with all regulations, policies
and procedures promulgated by HUD, or the City in connection with the HOME Program, including
without limitation, the requirements of this Section 4.
(a) Lease Provision. The following provision in all of leases for the eleven (11)
Affordable Units:
Term of Lease for HOME Program Restricted Units. Tenant has been made aware by
Landlord that the unit being leased was assisted with HOME funds. Under the
provisions of 24 C.F.R. §92.253, a lease must be for a period of not less than one (1)
year unless the parties agree by mutual agreement that the term of the lease be less.
(b) Affirmative Marketing Procedures. The Property operator shall adopt affirmative
marketing procedures and requirements for all Affordable Units in compliance with 24 CFR §92.351,
as well as City's affirmative marketing responsibilities.
(c) Environmental Review. The City has determined that the activities carried out under
this Declaration are in accordance with the provisions of the National Environmental Policy Act of
1969 (NEPA) and the related authorities listed in HUD's implementing regulations at 24 CFR parts
50and58.
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(d) HOME Program Conflict of Interest. The person who constructs the Affordable
Units shall comply with all of the Conflict of Interest provisions contained in 24 CFR §92.356.
(e) Lead -Based Paint Hazards. Any residential structures at the Property shall be subject
to the HUD Lead -Based Paint Regulations at 24 CFR §92.355.
(f) Flood. Pursuant to 24 CFR §92.358 no portion of the Property is located within a
Flood Plain or Flood Hazard Zone or Area, as indicated on a FEMA Map; or the Property is located
within a community participating in the National Flood Insurance Program and the Property operator
shall purchase and maintain flood insurance for the duration of the term of this Declaration.
(g) Section 504 Compliance. The Property shall comply with Section 504 of the
Rehabilitation Act of 1973 and those requirements of the HOME Program which require that 5% of
the units shall be fully handicap accessible and 2% of the units shall incorporate features for the
visually and hearing impaired.
(h) Administrative Requirements. The Property operator shall strictly comply with the
applicable administrative requirements contained within 24 CFR Section 92.505, including, but not
limited to, the requirements of OMB Circular No. A-87 and the requirements of 24 CFR Part 85,
Section 85.6, 85.12, 85.20, 85.22, 85.26, 85.35, 85.36, 85.44, 85.51, and 85.52.
5. Covenants to Run With the Land. The covenants contained herein shall constitute
"covenants running with the land," and shall bind the Property and every person having an interest
therein during the term of this Declaration. Declarant agrees for itself and its successors that, in the
event that, for any reason whatsoever, a court of competent jurisdiction determines that the foregoing
covenants do not run with the land, such covenants shall be enforced as equitable servitudes against
the Property.
6. Covenant Against Discrimination. Declarant covenants on behalf of itself and its successors
and assigns, and each successor in interest to the Property, not to discriminate against any purchaser
or prospective purchaser of any Affordable Unit on the basis of their race, age, sexual orientation,
marital status, color, religion, sex, handicap, or national origin, as referenced in all applicable state,
local and federal law.
7. Enforcement. Declarant expressly agrees and declares that the City is the proper party and
shall have standing to initiate and pursue any and all actions or proceedings, at law or in equity to
enforce the provisions hereof, notwithstanding the fact that such damages or the detriment arising
from such default may have actually been suffered by some other person or the public at large.
Further, the City shall be the proper party to waive, relinquish, release or modify the rights,
covenants, obligations or restrictions contained in or arising under this Declaration.
8. Severability. In the event that any provision or covenant of this Declaration is held by a court
of competent jurisdiction to be invalid or unenforceable, then it shall be severed from the remaining
portions of this Declaration which shall remain in full force and effect.
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9. Recordation; Waiver and Amendment. This Declaration shall be recorded against the
Property in the Office of County Recorder of San Diego, California. No provision of this
Declaration, or breach of any provision, can be waived except in writing by the City. Waiver of any
provision or breach shall not be deemed to be a waiver of any other provision, or of any subsequent
breach of the same or other provision. Except as otherwise provided herein, this Declaration may be
amended, modified or rescinded only in writing signed by Declarant and the City.
DECLARANT:
Community Development Commission -Housing Authority of the City of National City
Leslie Deese, Executive Director
Approved as to Form:
Christensen & Spath LLP
By:
Walter F. Spath, ?It
Special Counsel to thearant
5
ACKNOWLEDGMENT
State of California
County of San Diego
On I avtim x' VB , 2014, before me, Me-\t Mectk r Nc n) ubt‘c; personally
appeared Les j}e-ey.c._. who proved to me on the basis of
satisfactory evidence to be the person(t4) whose name® is/aye subscribed to the within instrument
and acknowledged to me that lie/she/t11y executed the same in 1 {s/her/thpeir authorized capacity(ia),
and that by ls/her/thir signature( on the instrument the person), or the entity upon behalf of
which the person(0 acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
i n(Seal)
Yv�� iatit td&
ANGELITA MARCHANTE
COMM. # 2046693 0
NOTARY PUBLIC .CALIFORNIA z
SAN DIEGO COUNTY p
My Comm. Exp. October 25.2017 f
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ORDER NO.: 1117014676-J M
EXHIBIT A
The land referred to is situated in the County of San Diego, City of National City, State of
California, and is described as follows:
PARCEL ONE:
Portions of Blocks 107, 86, 85 and 108, according to Map thereof No. 348, filed in the Office of
the County Recorder of San Diego County, October 2, 1882, together with a portion of 21st
Street Vacated and Coolidge Avenue Vacated, described as follows:
Beginning at the southwest corner of Block 107 as shown on the above referenced map, said
point also being a point in the northerly right of way line of 22nd Street, having a half right of
way width of 40.00 feet; thence easterly along said line north 72° 16' 45" east 543.65 feet to a
tangent curve, said curve concave northwest having a radius of 20.00 feet; thence along said
curve through a central angle of 77° 55' 20" an arc length of 27.20 feet to a compound curve,
said curve concave west with a radius of 760.00 feet and a radial south 84° 21' 25" west;
thence along said curve through a central angle of 12° 04' 44" an arc distance of 160.22 feet to
a point in the westerly right of way of Hoover Avenue with a half width of 40.00 feet; thence
northerly along said right of way north 17° 45' 42" west 61.65 feet to point "A"; thence leaving
said right of way south 72° 12' 08" west 182.86 feet; thence north 17° 43' 08" west 352.88 feet
to point "B"; thence south 19° 34' 38" west 154.26 feet; thence south 20° 46' 08" west 110.52
feet; thence south 19° 47' 31" west 362.52 feet to a point in the easterly right of way of
Harding Avenue having a half width of 40.00 feet; thence southerly along said right of way
south 17° 48' 28" east 74.46 feet to the point of beginning.
Being Parcel 1 in the Certificate of Compliance recorded August 20, 2013, Instrument 2013-
521150, of Official Records.
APN: 560-391-12 & 559-124-08
PARCEL TWO:
A portion of Hoover Avenue (formerly 2nd Ave) and portion Lots 13 through 21, inclusive, lying
within Block 86, according to Map thereof No. 348, filed in the County of San Diego, October 2,
1882, as vacated in the Resolution Authorizing an Order of Vacation recorded June 17, 2014,
document no. 2014-250448, being only that portion of the following described parcel that is
adjacent to Parcel One above (Parcel 1 Certificate of Compliance, 2013-521150), and more
particularly described as follows:
Beginning at the centerline intersection of 21st Street and Hoover Avenue; thence south 72° 14'
18" west, 25.21 feet; thence south 17° 45' 42" east, 53.90 feet to the true point of beginning;
thence continuing south 17° 45' 42" east, 209.47 feet to a concave curve westerly with a radius
of 27.00 feet; thence along said curve through a central angle of 90° 02' 26" an arc distance of
42.43 feet; thence leaving said curve south 72° 16' 45" west, 24.27 feet to a non tangenc curve
concave westerly with a radius of 20.00 feet; thence along said curve through a central angle of
77° 55' 20" an arc distance of 27.20 feet to a tangent compound curve concave westerly with a
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radius of 760.00 feet; thence along said curve through a central angle of 12° 04' 44" an arc
distance of 160.22 feet; thence leaving said curve north 17° 47' 56" west 61.65 feet along the
westerly right of way of Hoover Avenue having a half right of way width of 40.00 feet; thence
leaving said right of way north 72° 12' 08" east, 14.79 feet to the true point of beginning.
PARCEL THREE:
A portion of Harding Avenue (formerly 4tn Ave) adjacent to Lots 7 through 10, inclusive, Block
107, according to Map thereof No. 348, filed in the County of San Diego, October 2, 1882, as
vacated in the Resolution Authorizing an Order of Vacation recorded June 17, 2014, document
no. 2014-250448, and more particularly described as follows:
Beginning at the centerline intersection of Harding Avenue and 22nd Street; thence northerly
along the centerline of Harding Avenue north 17° 48' 28" west, 40.00 feet to a point in the
northerly right of way of 22nd Street; thence easterly along said right of way 1.00 feet to the
true point of beginning; thence continuing along said right of way, 39.00 feet to a point of
intersection of the easterly right of way of Harding Avenue, having a half right of way width of
40.00 feet and the northerly right of way of 22nd Street, having a half right of way width of
40.00 feet; thence northerly along the easterly right of way of Harding Avenue, north 17° 48'
28" west, 74.46 feet; thence leaving said right of way south 20° 04' 26" west, 63.51 feet;
thence south 17° 48' 28" east, 24.27 feet to the true point of beginning.
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