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2019-616507 . i DOC# 2019-0616507 RECORDING REQUESTED BY: II IIIII Illlll 11111 IIIIIIIII1IIIllIIIIIII IIII 111111[llllll First American Title - Dec 31, 2019 02:34 PM Homebuilder Services Division OFFICIAL RECORDS Ernest J. Dronenburg,Jr., SAN DIEGO COUNTY RECORDER AND WHEN RECORDED FEES: $62.00 (SB2 Atkins: $0.00) MAIL TO: PAGES: 17 City of Encinitas City Clerk's Office 505 S. Vulcan Avenue Encinitas, CA 92024 Second Amended and Restated Affordable Housing Regulatory Agreene- (Please fill in document titl e(s)on this line) 1 Exempt from fee per GC27388.1 due to being recorded in connection with concurrent transfer that is subject to the imposition of documentary transfer tax,or, 2 ❑ Exempt from fee per GC27388.1 due to being recorded in connection with a transfer that was subject to documentary transfer tax which was paid on document recorded previously on (date*)as document number of Official Records,or, 3 ❑ Exempt from fee per GC27388.1 due to the maximum fees being paid on documents in this transaction,or, 4 ❑ Exempt from fee per GC27388.1 due to the maximum fees having been paid on documents in the transaction(s)recorded previously on (date*)as document number(s) of Official Records,or, 5 ❑ Exempt from fee per GC27388.1,document transfers real property that is a residential dwelling to an owner-occupier,or,document is recorded in connection with concurrent transfer that is a residential dwelling to an owner-occupier,or, •6 ❑ Exempt from fee per GC27388.1 due to it being recorded in connection with a transfer of real property that is a residential dwelling to an owner-occupier.The recorded document transferring the dwelling to the owner-occupier was recorded on (date*)as document number(s) 7 ❑ Exempt from fee per GC27388.1 due to being executed or recorded by the federal government in , accordance with the Uniform Federal Lien Registration Act,by the state,or any county, municipalityor other political subdivision of the state,or, 8 ❑ Exempt from the fee per GC 27388.1(a)(1); Not related to real property,or, 9 ❑ Exempt from fee under GC27388.1 for the following reasons: THIS PAGE ADDED TO PROVIDE SENATE BILL2 EXEMPTION INFORMATION (Additional recording fee applies) Rev 5/18 *The Prior Recording Reference must have been recorded within the last 60 days and is subject to review RECORDING REQUESTED BY: First American Title - Homebuilder Services Division AND WHEN RECORDED MAIL TO: City of Encinitas City Clerk's Office 505 S. Vulcan Avenue Encinitas, CA 92024 Second Amended and Restated Affordable Housing Regulatory Agreeno_^� (Please fill in document title(s)on this line) 1 m Exempt from fee per GC27388.1 due to being recorded in connection with concurrent transfer that is subject to the imposition of documentary transfer tax,or, 2 ❑ Exempt from fee per GC27388.1 due to being recorded in connection with a transfer that was subject to documentary transfer tax which was paid on document recorded previously on (date*)as document number of Official Records,or, ` 3 ❑ Exempt from fee per GC27388.1 due to the maximum fees being paid on documents in this transaction,or, 4 ❑ Exempt from fee per GC27388.1 due to the maximum fees having been paid on documents in the transaction(s) recorded previously on (date*)as document number(s) of Official Records,or, 5 ❑ Exempt from fee per GC27388.1,document transfers real property that is a residential dwelling to an owner-occupier,or,document is recorded in connection with concurrent transfer that is a residential dwelling to an owner-occupier,or, 6 ❑ Exempt from fee per GC27388.1 due to it being recorded in connection with a transfer of real property that is a residential dwelling to an owner-occupier.The recorded document transferring the dwelling to the owner-occupier was recorded on (date*)as document number(s) 7 ❑ Exempt from fee per GC27388.1 due to being executed or recorded by the federal government in accordance with the Uniform Federal Lien Registration Act, by the state,or any county, municipalityor other political subdivision of the state,or, 8 ❑ Exempt from the fee per GC 27388.1(a)(1); Not related to real property,or, 9 ❑ Exempt from fee under GC27388.1 for the following reasons: THIS PAGE AD D E D TO PROVIDE SENATE BILL2 EXEMPTION INFORMAT10N (Additional recordingfeeapplies) Rev 5/18 *The Prior Recording Reference must have been recorded within the last 60 days and is subject to review Recording Requested By: First American Title Company Homebuilder Services Division NO FEE FOR RECORDING PURSUANT TO GOV. CODE SECTION 27383 Recording Requested By: City of Encinitas Development Services Department 505 S. Vulcan Avenue Encinitas, CA 92024 And When Recorded Mail To: City of Encinitas City Clerk's Office 505 S. Vulcan Avenue Encinitas, CA 92024 A.P.N. 256-123-06-00 SECOND AMENDED AND RESTATED AFFORDABLE HOUSING REGULATORY AGREEMENT (Density Bonus) This Second Amended and Restated Affordable Housing Regulatory Agreement (hereinafter the "REGULATORY AGREEMENT") is made and entered into and is effective as of this 23 day of ye,4emhe/ , 20_�j by and between the City of Encinitas (hereinafter the "CITY"), and Eliahu Eilfort and Chaya Eilfort, husband and wife as community property (hereinafter the "OWNER" or "HOMEBUYER HOUSEHOLD"). RECITALS A. Whereas, the CITY has adopted a Density Bonus Ordinance, Encinitas Municipal Code Section 30.16.020(C), to conform with state density bonus law (Government Code Sections 65915 — 65918) (together "DENSITY BONUS LAW"). DENSITY BONUS LAW allows a density bonus, concessions, and other regulatory incentives when a developer proposes to provide affordable housing meeting the standards of DENSITY BONUS LAW. B. Whereas, the OWNER is the owner of real property (hereinafter the "PROPERTY") described in EXHIBIT A, attached hereto and made a part hereof; C. Whereas, the CITY approved Tentative Map 15-064 by Planning Commission Resolution (Reso. 2016-25) on April 28, 2016. As part of the I City of Encinitas-Affordable Housing Agreement Tentative Map application, the DEVELOPER has sought and agreed to construct one unit (7.7% of the total units shown on the Tentative Map) to be affordable to VERY LOW INCOME HOUSEHOLDS. The affordable unit(s) is hereinafter the "UNIT(s)". D. Whereas, the DEVELOPER has designated Lot Number six (6) of TM 15- 064 (hereinafter the "AFFORDABLE UNIT PROPERTY") as the site of the required affordable UNIT, and the DEVELOPER has constructed the UNIT on the AFFORDABLE UNIT PROPERTY; E. Whereas, the UNIT was previously subject to a certain Affordable Housing Agreement dated December 21, 2017 and recorded in the Official Records of the County of San Diego on December 26, 2017 with document number 2017-0607615 (the "ORIGINAL AGREEMENT") as amended March 6, 2019, and recorded in the Official Records of the County of San Diego on March 19, 2019 with document number 2019-0098518 (the "AMENDED AGREEMENT') and were an agreement made between the CITY and Shea Homes Limited Partnership, a California limited partnership (hereinafter the "DEVELOPER"); - F. Whereas, the DEVELOPER has fulfilled the obligations and requirements under the ORIGINAL and AMENDED AGREEMENT; G. Whereas, the ownership of the UNIT has changed since the ORIGINAL AGREEMENT was entered into and recorded, and the UNIT has been conveyed to the OWNER, necessitating a partial release from the ORIGINAL AGREEMENT pertaining to the UNIT, and replacement of the ORIGINAL AGREEMENT with this REGULATORY AGREEMENT specific to the PROPERTY; and, H. Whereas, in order to restrict use of the affordable UNIT, the OWNER is bound by this REGULATORY AGREEMENT and has consented to be regulated and restricted as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. TERM OF AGREEMENT. The term of this REGULATORY AGREEMENT shall commence on the issuance of a certificate of occupancy for the UNIT and shall continue for a period of fifty- five (55) years in accordance with Encinitas Municipal Code 30.16.020(C)(9). All references to the Municipal Code in this REGULATORY AGREEMENT refer to the Municipal Code in effect on the date of this REGULATORY AGREEMENT. City of Encinitas-Affordable Housing Agreement 2 2. MAINTENANCE OF THE AFFORDABLE UNIT. A. The exterior appearance of the affordable UNIT shall be compatible with units in the surrounding neighborhood, including units within TM 15-064. The interior appearances, finishes, and amenities of the UNIT shall be comparable to new units in the community. B. The UNIT shall be a minimum of 1,783 square feet of living space, with a minimum of 4 bedrooms and 2 bathrooms and a 2-car garage. C. The UNIT shall be provided with an adequate usable yard area comparable to new units in the community. 3. GENERAL CONDITIONS. A. OWNER shall only rent or sell the UNIT to a VERY LOW INCOME HOUSEHOLD. A "VERY LOW INCOME HOUSEHOLD" is a household with household income that does not exceed the very low income limits applicable to San Diego County as published annually by the Department of Housing and Community Development under Title 25 of the California Code of Regulations, Section 6932 (or successor provision), adjusted for actual household size. B. OWNER shall advertise the availability of the UNIT for a minimum of two consecutive weeks in a local newspaper. The OWNER may employ additional marketing methods that are in accordance with professional standards. The CITY may also advertise the UNIT to provide contact information to interested households. OWNER shall make applications available for a minimum of two weeks during the advertisement period. OWNER shall maintain a record of all interested households and applications. OWNER must provide such documentation to the CITY. C. OWNER shall provide CITY with notice of not less than 60 days prior to advertising the availability of the UNIT of their intent to rent or sell the UNIT. D. OWNER shall comply with the Fair Housing Act and California Fair Employment and Housing Act and not discriminate against any prospective tenant or homebuyer on the basis of race, color, religion, sex, national origin, familial status, disability, or other individuals protected under State and Federal fair housing laws. E. OWNER is prohibited from renting or selling the UNIT to a family member, relative, employee, or any pre-determined household. A 'pre-determined household' is any household with a pre-existing relationship with the OWNER, such as a friend, associate, or any other household that has an existing relationship with the OWNER, and whose occupancy of the UNIT would City of Encinitas-Affordable Housing Agreement 3 decrease its availability to the general public as intended by DENSITY BONUS LAW. F. OWNER may sell the UNIT or the AFFORDABLE UNIT PROPERTY with the prior written approval of the DIRECTOR to a non-qualifying household, if the UNIT will be continuously rented to a qualifying VERY LOW INCOME HOUSEHOLD at an affordable rental price as calculated in Section 5.B below. At the time of said sale, the subsequent owner shall execute a new REGULATORY AGREEMENT with the CITY. G. During the term of this agreement, the UNIT shall be utilized for residential use only in accordance with applicable local ordinances and regulations; any commercial use or transient habitation (of less than thirty days) is specifically prohibited. H. Occupancy of the UNIT shall be appropriate to the number of bedrooms in the UNIT. As a general rule and policy, an appropriately sized household is no less than one person per bedroom, unless a reasonable accommodation must be made under federal or state fair housing laws. I. The OWNER has received the regulatory incentives described in Recital D of the ORIGINAL AGREEMENT from the CITY under the DENSITY BONUS LAW. The incentives are a form of assistance specified pec ed in Chapter 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the Government Code. Sections 1954.52(b) and 1954.53(a)(2) of the Costa-Hawkins Act provide that, where a developer has received such assistance, certain provisions of the Costa-Hawkins Act do not apply if a developer has so agreed by contract. The OWNER hereby agrees to limit rents and sales prices as provided in this Agreement in consideration of the OWNER's receipt of the incentives described in Recital D and further agrees that any limitations on rents imposed on the UNIT are in conformance with the Costa-Hawkins Act. 4. OPTION TO SELL. A. QUALIFICATION OF ELIGIBLE HOMEBUYER HOUSEHOLD i. Except as provided in Section 3.17, the UNIT shall only be sold to a qualifying VERY LOW INCOME HOUSEHOLD. ii. The DEVELOPER shall verify the income of all adult members of any proposed HOMEBUYER HOUSEHOLD. For the purposes of determining the HOMEBUYER HOUSEHOLD gross annual income, all adult (18 years of age and over) members of household shall provide recent (within a year) source documentation to verify income. Source documentation City of Encinitas Affordable Housing Agreement 4 includes, but not limited to, tax returns, paystubs, wage statements, W2s, bank statements, social security documents, and employment verification. iii. Prior to opening escrow to sell the UNIT, DEVELOPER shall provide CITY with HOMEBUYER HOUSEHOLD'S recent income qualifying source documentation, including, but not limited to, tax returns, W2's, paystubs, social security statements, bank statements, etc. The CITY may require additional documentation to verify eligibility. DIRECTOR shall confirm or deny eligibility based on the documentation provided. iv. HOMEBUYER HOUSEHOLD must certify that they will occupy the UNIT as owner-occupant and principal residence; and that the household does not own or have an interest in any real property. B. CALCULATION OF AFFORDABLE HOUSING COST i. The maximum affordable sales price for the UNIT shall be calculated in accordance with California Health and Safety Code Section §50052.5 and Title 25 of the California Code of Regulations, Section 6920 (or successor provision), and, in accordance with these provisions, shall result in housing cost that does not exceed 30 percent of 50 percent of AREA MEDIAN INCOME, adjusted for assumed household size. "AREA MEDIAN INCOME" is the median income for to San Diego County as published annually by the Department of Housing and Community Development under Title 25 of the California Code of Regulations, Section 6932 (or successor provision), adjusted for actual household size. The following conditions shall also be applied when determining the maximum affordable sales price: a. The calculation shall include a five percent down payment. b. The calculation shall include an interest rate which is based on the current Freddie Mac Monthly Average Commitment Rate on 30- Year Fixed-Rate Mortgages. c. The calculation shall include reasonable housing costs, which includes, but not limited to, principal and interest, property taxes and assessments, property insurance, property maintenance and repairs, Homeowners' Association fees, additional district fees (if applicable), and an allowance for utilities based on the current Utility Allowance Schedule, published by the Encinitas Housing Authority d. Actual financing to be obtained by any prospective homebuyer shall be a fixed rate loan fully amortized over thirty years. City of Encinitas-Affordable Housing Agreement 5 ii. Prior to opening escrow, the sale price of the UNIT shall be approved by the DIRECTOR. C. ADDITIONAL REQUIREMENTS i. At the time of initial sale, HOMEBUYER HOUSEHOLD shall execute a new REGULATORY Agreement with the CITY in accordance with Encinitas Municipal Code 30.16.020(C)(9). ii. HOMEBUYER HOUSEHOLD shall submit a report to the DIRECTOR at initial occupancy and annually thereafter, on a form prescribed by the DIRECTOR. The report shall certify that the HOMEBUYER HOUSEHOLD occupies the UNIT as their primary residence. The HOMEBUYER HOUSEHOLD shall provide source documentation verifying the occupancy status of the HOMEBUYER HOUSEHOLD. D. NOTICE TO CITY. HOMEBUYER HOUSEHOLD agrees that it will give the CITY notice of any prospective transfer, sale, or conveyance of the PROPERTY not less than forty five (45) days before the proposed sale, transfer, or conveyance by personal delivery of a notice at the address set forth for the CITY in paragraph 16 of this REGULATORY AGREEMENT. Time is of the essence. E. LEASE OF PROPERTY PROHIBITED. During the term of this REGULATORY AGREEMENT, HOMEBUYER HOUSEHOLD shall not rent or sublet the PROPERTY, or any part thereof, to an person and/or entity. Provided however, the CITY may rant Y p Y � Y 9 temporary waivers of this requirement in the event of hardship affecting HOMEBUYER HOUSEHOLD, such as illness in the family, military deployment or re-assignment, need to relocate to obtain employment, and the like. F. TRANSFER, CONVEYANCE OF PROPERTY RESTRICTED. The sale, transfer and/or conveyance of the PROPERTY is restricted as follows: i. The PROPERTY may only be sold, transferred or conveyed to a qualified VERY LOW INCOME HOUSEHOLD. ii. The PROPERTY must be used only as the principal residence of the subsequent purchaser during the time of ownership. HOMEBUYER HOUSEHOLD shall make a good faith effort to obtain a qualified City of Encinitas-Affordable Housing Agreement 6 purchaser residing in the City of Encinitas, prior to considering other qualified purchasers. Such effort shall include, but not limited to, local public advertising, listing in local real estate publications, and CITY suggested marketing. The CITY shall determine if a "good faith" effort has been performed. The CITY shall not unreasonably withhold its approval. iii. The sale price to the subsequent purchaser must be at a price that is "affordable to the subsequent purchaser(s)". "Affordable to the subsequent purchaser(s)" is determined through the calculation described in Section 4.B above. iv. In the event that HOMEBUYER HOUSEHOLD is unable to find, despite good faith efforts to do so, a qualified purchaser to purchase the PROPERTY, HOMEBUYER HOUSEHOLD may sell the PROPERTY to a person other than a qualified purchaser by first offering to sell the PROPERTY to the CITY for a purchase price equal to that determined through the calculation described in Section 4.13 above. The CITY shall accept or reject the offer to sell the PROPERTY to the CITY within thirty (30) days of the date of receipt of the offer to sell. In the event that the CITY declines to purchase the PROPERTY, HOMEBUYER HOUSEHOLD may proceed to market and sell the PROPERTY to a non-qualified buyer as described in section 3.F above if the UNIT will be continuously rented to a qualifying VERY LOW INCOME HOUSEHOLD at an affordable rental price as calculated in Section 5.13 below. At the time of said sale, the subsequent owner shall execute a new Regulatory Agreement with the CITY. Upon a showing of hardship by the HOMEBUYER HOUSEHOLD to the CITY in writing, the CITY may waive any one or combination of the following: the resale restrictions, the HOMEBUYER HOUSEHOLD's obligation to sell to the CITY. v. Notwithstanding the foregoing, the following limited circumstances are acknowledged by the CITY to be permitted transfers: a) the transfer results from the death of a spouse, and the transfer is to the surviving spouse who is also a member of the HOMEBUYER HOUSEHOLD. b) a transfer to a spouse when the spouse becomes, by such a transfer, a co-owner of the PROPERTY; c) a transfer of the PROPERTY resulting from a decree of dissolution of the marriage or legal separation or from a property settlement agreement incidental to such a decree and by which a City of Encinitas-Affordable Housing Agreement 7 spouse who is already an OWNER becomes the sole owner of the PROPERTY; and/or d) a transfer by the OWNER to an inter vivos trust in which the OWNER is the sole current beneficiary. vi. A transfer of the PROPERTY in accordance with the terms hereof must be accompanied by a recordable assignment and assumption of this REGULATORY AGREEMENT executed by the transferee. 5. INTENTIONALLY OMITTED. 6. NON-DISCRIMINATION. OWNER shall not discriminate against any prospective tenant or homebuyer on the basis of race, color, religion, sex, national origin, familial status, disability or other individuals protected under state and federal fair housing law. 7. CERTAIN ACTS PROHIBITED. OWNER shall not make any sale, encumbrance (except for a purchase money first Deed of Trust associated with mortgage financing), assignment or conveyance, or transfer in any other form, of the PROPERTY or of its entire interest therein other than in accordance with the terms of this REGULATORY AGREEMENT. 8. VIOLATION OF REGULATORY AGREEMENT BY THE OWNER. In the event of the violation of any of the provisions of this REGULATORY AGREEMENT by the OWNER, the CITY may give written notice thereof to the OWNER by registered or certified mail addressed to the OWNER at the address stated in Section 16 below, or to such other address as may have been designated by the OWNER, and if such violation is not corrected to the satisfaction of the CITY within thirty (30) days after the date such notice is mailed (or within such further time as the CITY, in its reasonable discretion, may permit), the CITY may, without further prior notice, declare in writing a default under this REGULATORY AGREEMENT effective on the date of such declaration of default, and upon any such declaration of default the CITY may apply to any court, state or federal, for specific performance of this REGULATORY AGREEMENT; for an injunction against any violation by the OWNER of this REGULATORY AGREEMENT; for the appointment of a receiver to take over and operate. the UNIT in accordance with the terms of this REGULATORY AGREEMENT; or for such other relief as may be appropriate, it being agreed by the OWNER that the injury to the CITY arising from a default under any of the terms of this REGULATORY AGREEMENT would be irreparable and that it would be extremely difficult to ascertain the amount of compensation to the CITY City of Encinitas-Affordable Housing Agreement 8 which would afford adequate relief, in light of the purposes of DENSITY BONUS LAW. 9. AMENDMENT. This REGULATORY AGREEMENT shall not be altered or amended except by writing executed between the parties. 10. SEVERABILITY. In the event that any provision or covenant of this REGULATORY AGREEMENT is held by a court of competent jurisdiction to be invalid or unenforceable, then it shall be severed from the remaining portions of this REGULATORY AGREEMENT, which shall remain in full force and effect. 11. BINDING ON SUCCESSORS. This REGULATORY AGREEMENT shall inure to the benefit of and be binding upon the successors and assigns of the OWNER and the heirs, personal representatives, grantees, tenants, successors-in-interest or assigns of the owners. This REGULATORY AGREEMENT shall bind, and the benefits thereof shall inure to, the respective parties hereto, their legal representatives, . executors, administrators, successors in the office or interest, and assigns; provided, however, that the OWNER may not assign this REGULATORY AGREEMENT or any of its obligations hereunder, voluntarily or by operation of law, without the prior approval of the CITY, excluding an assignment to an affiliate. As used herein, "affiliate" means any entity in which OWNER holds an ownership interest, or any person or entity that holds an ownership interest in the PROPERTY. 12. GENDER. The use of the plural in this REGULATORY AGREEMENT shall include the singular and the singular shall include the plural; and the use of one gender shall be deemed to include all genders. 13. ELECTION OF REMEDIES: EVENT OF DEFAULT. The remedies of the CITY hereunder or under any other instrument providing for or evidencing the financial assistance provided herein are cumulative, and the exercise of one or more of such remedies shall not be deemed an election of remedies and shall not preclude the exercise by the CITY of any one or more of its other remedies. City of Encinitas-Affordable Housing Agreement 9 14. WAIVER. No waiver by the CITY of any breach of or default under this REGULATORY AGREEMENT shall be deemed to be a waiver of any other or subsequent breach or default hereunder. 15. GOVERNING LAW. This REGULATORY AGREEMENT shall be construed in accordance with and governed by the laws of the State of California. 16. NOTICES. Written notices and other written communications by and between the parties hereto shall be addressed as follows unless and until a party hereto has in writing, communicated a different address to the other party hereto. CITY OWNER City of Encinitas Eliahu Eilfort and Chaya Eilfort 505 S. Vulcan Ave. 735 Adelaide Circle Encinitas CA 92024 Encinitas, CA 92024 Attn: Development Services Director IN WITNESS WHEREOF, OWNER has executed this REGULATORY AGREEMENT as of the day and year first above written. � Y Y OWNER Eliahu Eilfort and Chaya Eilf husband and wife as community property Y Yp p Y By: Date: Eliahu Eilfort (Notarization of signature must be attached) By: Date: 27 Chaya Eilfort (Notarization of signature must be attached) City of Encinitas-Affordable Housing Agreement 10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF California )SS COUNTY OF ) On ! / before me,`'� aj J�A L—U SDI h �o , Notary Public, personally appeared r-1"ahu YII f(7Y� (Aj ch4VGl r_1,I T who proved to me on the basis of satisfactory eviderke 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. 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. ��� DENELDA LEE SPIRITO Signature COMM.#2279897 ; NOTARY PUBLIC•CALIFORNIA n SAN DIEGO COUNTY Comm.Exp. APRIL 4,2023 • This area for official notarial seal. OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the documents. 0 INDIVIDUAL ❑ CORPORATE OFFICERS) TITLES) 0 PARTNER(S) ❑ LIMITED ❑ GENERAL 0 ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: Name of Person or Entity Name of Person or Entity OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE Reproduced by Firs[American Title Company 11/2007 CITY City of Encinitas, a municipal corporation By: Date: /-)- 2 3 City Manager (Notarization of signature must be attached) APPROVED AS TO FORM: wkwQ_ h, 1 2 23 •1 `i City Attorney Date City of Encinitas-Affordable Housing Agreement 11 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California 1 County of , J} On x.0/9 before me, Q.YL�.I 42is S . Date Here Insert Name and Title of the Officer personally appeared aL,r r-) Nome(s)of Signer(s) who 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. I certify under PENALTY OF PERJURY under the 6RANDI L.LEWIS laws of the State of California that the foregoing Notary Public•Catlfoinia is true and correct. San Diego County paragraph } Commissions may 2242688 WITNESS m hand and official seal. My Comm.Expires May 11, 2022 y Signature Place Notary Seal and/or Stamp Above Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document �� nn _ Title or Type of Document: �7 vr�bLe, `4ot�I6�" �7`�Y�"f' A 254-IZ3 O(,-O° Document Date: -.),a y % Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: M ate !c be►:n Signer's Name: ❑ Corporate Officer- Title(s): ❑ Corporate Officer - Title(s): ❑ Partner- ❑ Limited ❑ General ❑ Partner- ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Trustee ❑ Guardian of Conservator ,JzOther: AG-bm Cif N-n— cam- ❑ Other: Signer is Representing: !I 04 Signer is Representing: ©2017 National Notary Association NOTARY SEAL CERTIFICATION (Government Code 27361.7) I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS. Name of the Notary: Brara L. Lew i S Commission Number: Z Z y2 W V Date Commission Expires: Q uI 1q , County Where Bond is Filed: an Dieq p Manufacturer or Vendor Number: N N R (Located on both sides of the notary seal borders Signature: SYNRGO Agent Place of Execution: San Diego Date: 2019 EXHIBIT A LEGAL DESCRIPTION Real property in the City of Encinitas, County of San Diego, State of California, described as follows: PARCEL 1: LOT 6 OF CITY OF ENCINITAS TM 15-064, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 16267, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 2, 2018 ("MAP"); RESERVING THEREFROM, ALL EASEMENTS DESCRIBED IN THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND ESTABLISHMENT OF EASEMENTS OF ALCOVE RECORDED IN THE OFFICIAL RECORDS OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA ON AUGUST 13, 2019 AS DOCUMENT NO. 2019-0340504, AND ANY AMENDMENT AND SUPPLEMENTS THERETO (COLLECTIVELY, THE "DECLARATION"), THE MAP AND ALL OTHER EASEMENTS OF RECORD AS OF THE DATE HEREOF INCLUDING WITHOUT LIMITATION, A NON-EXCLUSIVE EASEMENT IN FAVOR OF THE ASSOCIATION IN, TO, OVER, UNDER AND ACROSS THAT PORTION OF THE ABOVE REFERENCED LOT DESIGNATED IN THE DECLARATION AS AN ASSOCIATION MAINTENANCE AREA, IF ANY, FOR THE PURPOSE OF MAINTENANCE AND REPAIR, TOGETHER SUCH RIGHTS OF ACCESS NECESSARY TO PERFORM SUCH MAINTENANCE AND REPAIR, AS MORE FULLY PROVIDED IN THE DECLARATION. PARCEL 2: A NON-EXCLUSIVE TEMPORARY EASEMENT FOR PEDESTRIAN AND VEHICULAR ACCESS, INGRESS AND EGRESS BY GRANTEE OVER, UPON AND ACROSS THAT PORTION OF LOT B OF THE MAP, AS DESCRIBED IN THAT CERTAIN EASEMENT GRANT DEED RECORDED IN THE OFFICIAL RECORDS OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 4, 2019 AS DOCUMENT NO. 2019-0379411, WHICH EASEMENT IS APPURTENANT TO THE LOT DESCRIBED IN PARCEL 1 ABOVE. THE TEMPORARY EASEMENT SHALL AUTOMATICALLY TERMINATE AND BE OF NO FURTHER FORCE AND EFFECT ON THE DATE A DEED IS RECORDED TRANSFERRING LOT 14 OF THE MAP TO THE ASSOCIATION. PARCEL 3: A NON-EXCLUSIVE EASEMENT, IN COMMON WITH OTHER OWNERS, FOR ACCESS, INGRESS AND EGRESS, IN, TO, OVER, UNDER AND ACROSS CERTAIN PORTIONS OF THE ASSOCIATION PROPERTY DESCRIBED IN THE DECLARATION, WHICH EASEMENT IS APPURTENANT TO THE LOT DESCRIBED IN PARCEL 1 ABOVE. THESE EASEMENTS ARE GRANTED SUBJECT TO: A. THE EASEMENT AND OTHER RIGHTS RESERVED IN THE DECLARATION IN FAVOR OF GRANTOR FOR MARKETING AND DEVELOPMENT, INCLUDING, WITHOUT LIMITATION, GRANTOR'S RIGHT TO MAINTAIN MODEL HOMES IN THE LOTS OWNED BY GRANTOR, AS WELL AS THE RIGHT OF ACCESS, INGRESS, AND EGRESS FOR VISITORS TO THE SALES OFFICE AND MODEL HOMES AND THE RIGHT TO MAINTAIN SIGNS OR OTHER MARKETING I City of Encinitas-Affordable Housing Agreement 12 MATERIALS WITHIN THE ASSOCIATION PROPERTY OF THE COMMUNITY (DEFINED IN THE DECLARATION); B. GRANTOR'S EASEMENT FOR INGRESS AND EGRESS, IN, ON, OVER, THROUGH AND ACROSS THE ASSOCIATION PROPERTY TO PERMIT GRANTOR TO INSTALL IMPROVEMENTS THEREON; AND C. GRANTOR'S RIGHT TO PREVENT ACCESS OVER PORTIONS OF ASSOCIATION PROPERTY BY PLACING A CONSTRUCTION FENCE OR OTHER BARRIER THEREON PRIOR TO COMPLETION OF CONSTRUCTION OF ALL IMPROVEMENTS WITHIN THE COMMUNITY, PROVIDED THAT GRANTEE HAS AT LEAST ONE ROUTE OF ACCESS BETWEEN THE LOT DESCRIBED IN PARCEL 1 ABOVE AND A PUBLIC STREET. Commonly known as: 735 Adelaide Circle, Encinitas, CA 92024 APN #: 256-123-06-00 City of Encinitas-Affordable Housing Agreement 13