Amended and Restated Declaration of Covenants, Conditions and Restrictions 1996-0339291 5 6 9 DO, 1996-0339291
08-JAL 1996 08 = 08 AM
OFFICIAL RECORDS
RECORDING REQUESTED BY ) SAN DIEGO COUNTY RECORDER'S OFFICE
AND WHEN RECORDED MAIL TO: )
GREGORY SMITH, COUNTY RECORDER
FEES: 4.04
)
Poway Redevelopment Agency )
13325 Civic Center Drive )
P.O. Box 789 )
Poway, California 92074 )
Attention: City Clerk/Agency Secretary )
This document is exempt from the payment of a recording fee
pursuant to Government Code Section 27383
AMENDED AND RESTATED DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
THIS AMENDED AND RESTATED DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS (the "Declaration") is made as of June 25. 1996, by the
POWAY REDEVELOPMENT AGENCY, a public body, corporate and politic (the "Agency"
or the "Owner").
RECITALS
A. The Agency is required by Health and Safety Code Section 33334.2. et
seq., to expend a certain percentage of property tax increment allocated to it for the purpose of
increasing, improving and preserving the City of Poway's supply of low- and moderate-income
housing available at an affordable housing cost.
B. The Agency and Poway Land, Inc.. a California corporation (the
"Developer"), entered into an Owner Participation Agreement dated as of June 27, 1989 (the
"OPA"). Pursuant to the OPA, the Developer developed a sixty-five unit manufactured home
community (the "Development") on certain real property located in the City of Poway (the
"Site"), with financial assistance from the Agency. The Site is legally described in the Legal
Description attached hereto as Exhibit "A" and incorporated herein.
C. The Agency and the Developer executed and recorded a Declaration of
Conditions, Covenants and Restrictions (the "Original Declaration") with respect to the Site,
dated January 25, 1991, and recorded in the Official Records of San Diego County on February
28, 1991, as Document No. 1991-0087385. The Original Declaration, among other things.
required the Developer to convey manufactured homes within the Development (the "Housing
Units") only to persons and families of Low or Moderate Income.
D. On October 6, 1995. the Agency purchased the Site from the Developer.
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• E. By this Declaration, the Agency, as the Owner of the Site, desires to
further restrict the leasing of Housing Units within the Development to persons of Lower Income
(generally defined by applicable law as up to 80% of area median income) , Very Low Income
(generally defined by applicable law as up to 50% of area median income) and Extremely Low
Income (defined herein as up to 35% of area median income), at an Affordable Rent (as defined
herein).
F. The Housing Units in the Development will qualify as replacement housing
units pursuant to Health and Safety Code Section 33413(a).
G. The Agency intends that upon recordation hereof, the Original Declaration
shall terminate and be of no further force or effect, and this Declaration shall be the operative
Declaration of Conditions, Covenants and Restrictions affecting the Site.
NOW, THEREFORE, the Agency, as the Owner of the Site and as a
redevelopment agency formed and operating under the laws of the State of California, hereby
declares that the Site and all improvements thereon is and shall be subject to the following
conditions, covenants and restrictions:
1. Income Level of Residents. The Owner agrees to make available and rent
twenty (20) of the Housing Units in the Site to Lower Income Households, thirty-nine (39) of
the Housing Units in the Site to Very Low Income Households, and six (6) of the Housing Units
in the Site to Extremely Low Income Households. Such Housing Units are referred to herein as
the "Affordable Units." The designation of income level of each of the Affordable Units shall he
at the sole discretion of the Agency, and shall be subject to change from time to time.
For the purposes of this Declaration, "Lower Income Household" shall mean a
household earning not greater than that percentage of San Diego County Median Income which is
set forth by regulation of the California Department of Housing and Community Development,
pursuant to Health and Safety Code Section 50079.5.
For the purposes of this Declaration, "Very Low Income Household" shall mean a
household earning not greater than that percentage of San Diego County Median Income which is
set forth by regulation of the California Department of Housing and Community Development,
pursuant to Health and Safety Code Section 50105.
For the purposes of this Declaration, "Extremely Low Income Household" shall
mean a household earning not greater than thirty-five percent (35%) of San Diego County
Median Income.
For the purposes of this Declaration. "San Diego County Median Income" shall
mean the median income figures applicable to San Diego County which are set forth by
regulation of the California Department of Housing and Community Development, pursuant to
Health and Safety Code Section 50093.
2. Affordable Rent. The maximum rent chargeable for the Affordable Units
shall be in accordance with the following requirements:
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a. Lower Income Units. The Rent for Affordable Units required to
be rented to Lower Income Households shall not exceed one-twelfth (1/12) of thirty percent
(30%) of sixty percent (60%) of San Diego County Median Income for a family size appropriate
to the unit.
b. Very Low Income Units. The Rent for Affordable Units required
to be rented to Very Low Income Households shall not exceed one-twelfth (1/12) of thirty
percent (30%) of fifty percent (50%) of San Diego County Median Income for a family size
appropriate to the unit.
c. Extremely Low Income Units. The Rent for Affordable Units
required to be rented to Extremely Low Income Households shall not exceed one-twelfth (1/12)
of thirty percent (30%) of thirty-five percent (35%) of San Diego County Median Income for a
family size appropriate to the unit.
For the purposes of this Declaration, "Rent" shall mean the total of monthly
payments by the residents of an Affordable Unit for use and occupancy for the Affordable Unit
and facilities associated therewith, including a reasonable allowance for utilities as defined in 25
California Code of Regulations § 6918.
For the purposes of this Declaration, "family size appropriate to the unit" shall
have the meaning as set forth in Health and Safety Code Sections 50052.5 and 50053.
3. Income Verification. Prior to the rental or lease of any Affordable Unit
to a resident, and annually thereafter, the Owner shall obtain a completed income computation
and certification form from each proposed and existing resident of such Affordable Unit, and
shall verify the income of each such resident by appropriate methods. Owner shall annually
submit the reports required pursuant to Health and Safety Code Section 33418, as the same may
be amended from time to time, with each such report to cover the immediately preceding fiscal
year.
4. Non-Qualifying Existing Residents. No residents of the Housing Units at
the time of the recordation of this Declaration shall be evicted from their Housing Units solely
because such residents do not meet the requirements of this Declaration (the "Non-Qualifying
Existing Residents"). The Owner shall not be obligated hereunder to make available or rent the
Housing Units of the Non-Qualifying Existing Residents to Lower Income Households, Very
Low Income Households or Extremely Low Income Households until such Non-Qualifying
Existing Residents have vacated their Housing Units.
5. Duration of Affordability Requirements. The requirements of this
Declaration shall apply to the Site in perpetuity, for so long as the Housing Units are habitable,
but shall in no event expire prior to December 31, 2030.
6. Non-Discrimination Covenants. Owner covenants by and for itself, its
successors and assigns, and all persons claiming under or through them that there shall be no
discrimination against or segregation of any person or group of persons on account of race,
color, religion, sex, marital status, national origin, or ancestry in the sale. lease, sublease,
transfer, use, occupancy, tenure, or enjoyment of the Site or the Development, nor shall Owner
PU B L:39781_1 1319122345.0015 3
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• itself or any person claiming under or through it, establish or permit any such practice or
practices of discrimination or segregation with reference to the selection, location, number, use
or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the Site or the
Development.
The Owner shall refrain from restricting the rental, sale or lease of the Site or the
Development on the basis of race, color, creed, religion, sex, marital status, national origin or
ancestry of any person. All such deeds, leases or contracts shall contain or be subject to
substantially the following nondiscrimination or nonsegregation clauses:
(i) 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, creed, religion, sex, marital status, national origin or ancestry
in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein
conveyed, nor shall the grantee himself or herself or any person claiming under or through him
or her, establish or permit any such practice or practices of discrimination or segregation with
reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants,
sublessees or vendees in the land herein conveyed. The foregoing covenants shall run with the
land."
(ii) In leases: "The lessee herein covenants by and for himself or herself, his
or her heirs, executors, administrators and assigns, and all persons claiming under or through
him or her, and this lease is made and accepted upon and subject to the following conditions:
"There shall be no discrimination against or segregation of any person or
group of persons on account of race, color, creed, religion, sex, marital status, ancestry or
national origin 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."
(iii) In contracts: "There shall be no discrimination against or segregation of,
any person, or group of persons on account of race, color, creed, religion, sex, marital status,
ancestry or national origin, in the sale, lease, sublease, transfer, use, occupancy, tenure or
enjoyment of the premises, nor shall the transferee himself or herself or any person claiming
under or through him or her, establish or permit any such practice or practices of discrimination
or segregation with reference to the selection, location, number, use or occupancy of tenants,
lessees, subtenants, sublessees or vendees of the premises."
The covenants established in this Declaration shall, without regard to technical
classification and designation, be binding for the benefit and in favor of the Agency, its
successors and assigns, the Owner and any successor in interest to the Site, or any part thereof,
and shall remain in effect in perpetuity, notwithstanding the earlier expiration of other portions of
this Declaration pursuant to Section 5 hereof.
PU BL:39781_1 1319122345.0015 4
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7. Binding Effect. This Declaration shall run with the land, and all of the
terms, covenants and conditions of this Declaration shall be binding upon the Owner and the
successors and assigns of the Owner with respect to the ownership of the Site. Whenever the
term "Owner" is used in this Declaration, such term shall include any other successors and
assigns to Owner with respect to the ownership of the Site as herein provided. Notwithstanding
any other provision of law, this Declaration shall be enforceable by the Agency against the
Owner of the Site, in the event that the Owner is a person or entity different from the Agency.
The Original Declaration is hereby superseded and terminated by this Declaration.
8. Partial Invalidity. If any provision of this Declaration shall be declared
invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining
provisions hereof shall not in any way be affected or impaired.
9. Governing Law. This Declaration and other instruments given pursuant
hereto shall be construed in accordance with and be governed by the laws of the State of
California.
10. Amendment. This Declaration may not be changed orally, but only by
agreement in writing signed by the Agency and the Owner, if the Owner is a person or entity
different from the Agency. The Agency currently intends that this Declaration may, in the
discretion of the Agency, be amended to include further covenants relating to the maintenance
and operation of the Development in the event that the Agency conveys ownership of the Site to
another party.
IN WITNESS WHEREOF, the Agency has executed this Declaration as of the date and
year set forth above.
POWAY REDEVELOPMENT AGENCY, a
public body. corporate and politic
By:
Chairman
ATTEST:
Qti:\ , I� 7126/1'''L
� L
Agency Secretary
APPROVED AS TO FORM:
Stradl g, Yocca, rlson & Rauth
Agenc Special Counsel
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State of California )
p� ) ss.
County of�la'n-S ,d )
On .„rt.� , ,.<-.-
, I99( , before me, �//ice-jf( 62- e i 7,1 !�-4.I€-€
(name, title of officer. e.,., Jane Doe, NoPublic")
personally appeared B rte, -]C.1117. lll���//////
(name(s) o f signer(s))
k( personally known to me —OR—
E proved to me on the basis of satisfactory evidence
to be the ersonm
whose naees)hjsre subscribed to the within instrument and acknowledged to
me that hshe/they executed the same i e her/their authorized capacitpisg, and that by
hi her/their signatureon the instrument the person, or the entity upon behalf of which person
acted, executed the instrument.
;a4•+ s my I Wilda! s I.
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Notary P,A c—CaNtomia
SAN DIEGO cow,/ (/ -17`'r2° ...• -..--------.e"`:7My Comm.Expires SEP 21.1948 (Signature o f Notary)
Capacity claimed by signer: (Thus sect
ion is OP77ONAL.)
D Individual
o Corporate Officer(s):
o Partner(s):
0 General 0 Limited
o Attorney-in-fact
o Trustee(s)
o Guardian/Conservator
O Other:
Signer is representing:
(name!j person(s) or entrty(ies))
Attention Notary: Although the information requested below is OPTIONAL, it could prevent
fraudulent attachment of this certificate to an unauthorized document.
THIS CERTIFICATE Title or Type of Document(l��ur, r/( uW4ledoilyeenv-4,4"-144i
MUST BE ATTACHED s - _4-04/Ps vwu-7 . ...--.-e/ „ ,,,
TO THE DOCUMENT Number of Pages 7 Date of Document a -.27-y.5-”
DESCRIBED AT RIGHT: Signer(s) Other than Named Above- 0L
PUBL:39781_1 1319;22345.0015
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Exhibit A
LEGAL DESCRIPTION
Lots 1 through 65 inclusive and lots A through K inclusive of the City
of Poway Tract No. 89-14, in the City of Poway, County of San
Diego, State of California, according to Map thereof No. 12944, filed
in the office of the County Recorder of San Diego County, June 11 ,
1992.
C:\HALEY7\LEGAL.DES
Exhibit A-1