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THIS FORM IS NOT TO BE DUPLICATED -
Recording Fee: Govt. Code § 27383
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Rosemead
8838 E. Valley Blvd.
Rosemead, CA 91770
Attn: Housing Division
-20240757933*
(Space above this line for Recorder's use)
MASTER AGREEMENT AND COVENANT CONCERNING
USE AND RESALE OF RESIDENTIAL UNITS BY AND BETWEEN
CITY OF ROSEMEAD,
a California Municipal Corporation
and
SHEA HOMES LIMITED PARTNERSHIP,
a California Limited Partnership
MASTER AGREEMENT AND COVENANT CONCERNING USE AND RESALE OF
RESIDENTIAL UNITS
(30 year restriction)
This MASTER AGREEMENT AND COVENANT CONCERNING USE AND
RESALE OF RESIDENTIAL UNITS (this "Agreement") is dated for identification purposes as
of October 29, 2024 and is entered into by and between the CITY OF ROSEMEAD, a California
general law city and municipal corporation (the "City") and SHEA HOMES LIMITED
PARTNERSHIP, a California limited partnership (the "Developer"). The City and the Developer
are sometimes hereinafter referred to individually as a "Party" and collectively as the "Parties".
This Agreement is made with reference to the following facts:
RECITALS:
A. Developer owns and has developed certain real property located at 8605
Mission Villa Drive, 8607 Mission Villa Drive, 8609 Mission Villa Drive and 8611 Mission
Villa Drive, Rosemead California 91770 ("Property") located within the City of Rosemead.
The Property is located within a for -sale housing development known as Vesting Tract Map No.
83705 (the "Project") with approximately 37 single family detached and duplex homes, including
approximately eight small lot single family homes and 29 single-family homes on the lot.
B. The City has adopted a Homeownership Assistance Program (the "Program")
with funds from the Federal HOME investment Partnership Program to encourage
homeownership for families who may not otherwise qualify to purchase a home. The Program
provides zero interest, forgivable, deferred subordinate deed loans to homebuyers including an
additional provision for an equity share for any unit purchased as part of this Agreement.
C. This Agreement sets forth the terms and conditions for the implementation of
the Project's requirement to provide affordable housing units. The fulfillment generally of this
Agreement, are in the vital and best interests of the City and the welfare of its residents, and
in accordance with the public purposes and provisions of applicable federal, state, and local laws
and requirements.
D. Each of the four low-income affordable homes listed in Recital A, above, (each
individually an "Affordable Unit" and collectively "Affordable Housing") must remain an
Affordable Unit for a minimum period of 30 years, measured from the date of execution of the
City's Affordable Housing Agreement and Resale Restriction between the City and the buyer of
the Affordable Housing Unit.
E. The legal description of the Property upon which the Affordable Housing was
constructed, and which will be burdened by this Agreement is described in Exhibit A.
F. This Agreement shall supersede and replace all prior agreements and
understandings, oral or written, between the City and Developer.
2
AGREEMENT
City and Developer agree as follows
1. Definitions.
The following terms have the meanings ascribed to them in this Section:
"Affordable Housing" shall mean the four (4) three-bedroom residential units located at
8605 Mission Villa Drive, 8607 Mission Villa Drive, 8609 Mission Villa Drive and 8611
Mission Villa Drive.
"Affordable Housing Cost" as defined in the City of Rosemead Program
Homeownership Assistance Program Policies and Procedures shall mean the total first mortgage
payment, insurance, property taxes, association fees for the Affordable Unit shall not be less than
28% or more than 40% of the gross income of the Qualified Household.
"Affordable Purchase Price" shall mean the maximum purchase price for a home, which
does not exceed ninety-five percent (95%) of the area median purchase price for single family
housing, in accordance with the rules for the Homeownership Assistance Program in 2023. The
Affordable Purchase Price is fixed at $724,375 due to the availability of City funds reserved for
the Project.
"Affordable Unit" shall mean those Designated Homes which are sold to Qualified
Households at an Affordable Purchase Price in accordance with Section 4 hereof.
"HUD" shall mean the U.S. Department of Housing and Urban Development.
"Initial Sales Price" means the price for which the Affordable Unit will be sold by the
Owner to a Qualified Household.
"Qualified Household" shall mean a low-income household as defined by HUD as a
household whose income is at or below 80% of the median household income for their area and
is otherwise qualified for the purchase of the Affordable Unit under the City's policies and
procedures, which include all of the restrictions and limitations set forth in Section 3 of this
Agreement.
"Resale Restrictions" shall mean the Affordable Housing Agreement and Covenant
Concerning Use and Resale of Residential Units which will be executed by the purchaser of an
Affordable Unit and the City, and which will be recorded as an encumbrance against each
Affordable Unit for a minimum period of 30 years, measured from the date of execution of the
City's Affordable Housing Agreement and Resale Restriction between the City and the buyer of the
Affordable Housing Unit. The Resale Restrictions will be substantially in the form of Exhibit B
attached hereto.
"Project" shall have the meeting set forth in Recital A.
"Program" shall have the meaning set forth in Recital B.
"Property" shall have the meaning set forth in Recital A
2. Homeowner Loans. City agrees to make available loans to Qualified Households of the
Affordable Units through the Homeownership Assistance Program. City shall make available a
loan of up to $312,005 to homebuyers who are Qualified Households until the later to occur of:
(a) the closing of escrow of the fourth Affordable Unit within the Project, or (b) the forty-eight
(48) months following the date of non -appealable approval from the City of the Vesting Tract
Map, Zone Change and General Plan Amendment for the Project. The principal amount of each
City Loan shall be the amount which the City determines, in its reasonable discretion, is necessary
to enable the purchaser to purchase the Affordable Unit at an Affordable Purchase Price.
3. Developer's Covenants Concerning Affordable Units.
(a) Sale to Qualified Households. The Developer agrees to sell each
Affordable Unit only to a Qualified Household (as verified and approved by the City in accordance
with the procedure set forth below) for a price that does not exceed the Affordable Purchase Price.
THE DEVELOPER UNDERSTANDS AND ACKNOWLEDGES THAT THE
DETERMINATION OF AFFORDABLE HOUSING COST CAN BE MADE ONLY AT THE
TIME OF THE PROPOSED TRANSFER TAKING INTO CONSIDERATION INTEREST
RATES, CHANGES IN COUNTYWIDE MEDIAN INCOME, THE TERMS OFFERED TO
AND THE ECONOMIC CIRCUMSTANCES OF THE PROPOSED PURCHASER OR
TENANT AND OTHER FACTORS THAT CANNOT BE ACCURATELY PREDICTED,
AND THAT THE TRANSFER PRICE PERMITTED HEREUNDER MAY BE LESS THAN
THE FAIR MARKET VALUE OF THE AFFORDABLE UNIT AND MAY NOT INCREASE
OR DECREASE IN THE SAME MANNER AS OTHER SIMILAR REAL PROPERTY WHICH
IS NOT ENCUMBERED BY THESE RESTRICTIONS. THE DEVELOPER FURTHER
ACKNOWLEDGES THAT AT ALL TIMES IN SETTING THE TRANSFER PRICE THE
PRIMARY OBJECTIVE OF THE CITY AND THIS AGREEMENT IS TO PROVIDE
HOUSING TO QUALIFIED HOUSEHOLDS AT AN AFFORDABLE HOUSING COST.
(b) Eligibility. No Affordable Unit may be sold to a prospective purchaser until
the City has verified that (i) the prospective purchaser is a Qualified Household, and (ii) that the
initial sales price for the Affordable Unit does not exceed,the Affordable Purchase Price.
4. Marketing. The Developer shall prepare marketing, sales, and a financing program and
budget which shall be in compliance with all applicable laws and City ordinances, requirements,
rules, regulations and policies, for the sale of the Affordable Units. The City shall not be under
any obligation to incur any out-of-pocket expenses in connection therewith. All advertising of the
Affordable Housing must conform to the requirements of the Fair Housing Act (42 U.S.C. § 3601
et seq.). Developer shall provide the City with a copy of all published or broadcast advertisements.
5. Selection of Purchasers and Tenants.
(a) General Information. The City shall prepare and make available to
Developer any general information that it possesses regarding income limitations and restrictions
on Qualified Households applicable to the Affordable Housing and shall provide Developer with
an "application for qualification" form.
2
(b) City Review for Eligibility. The prospective purchaser of an Affordable
Unit shall complete the information required in the City application for qualification, including,
without limitation, the purchase agreement or lease, and submit the application to the City. Based
upon the information submitted by the prospective purchaser, the City shall, within fifteen (15)
days after the City's receipt of an application deemed complete to determine whether the
prospective purchaser is a Qualified Household under all provisions set forth herein and in the
Resale Restrictions, confirm the proposed sales price and confirm that the sale of the Affordable
Unit is otherwise in compliance with this Agreement and Resale Restrictions. The Developer and
the prospective purchaser shall provide such supporting documentation as the City reasonably
deems appropriate, including, without limitation, six months checking and savings account
statements, two months most recent other asset statements (CDs, stocks, bonds, Robinhood, etc.),
federal income tax returns and/or W -2s, 1099s, and paycheck stubs of the prospective purchaser.
Final Qualified Household approval will be determined using the first mortgage lender "copy
package" of all documents supporting the first mortgage approval including but not limited to the
1008, 1003, employment verification and credit report. If the proposed purchaser is approved by
the City as provided above, then the Developer may sell the Affordable Unit to the Qualified
Household upon the terms and conditions submitted to and approved by the City.
6. Execution and Recordation of the Affordable Housing Agreement and Resale
Restrictions. Concurrently with the sale of an Affordable Unit, the Developer shall cause the
purchaser to execute and acknowledge the Resale Restrictions and deliver them to the City.
Subject to the City's verification that the purchaser is a Qualified Household, the City shall
execute, acknowledge, and deliver the Resale Restrictions back to the Developer, who shall then
cause the Resale Restrictions to be recorded concurrently with the close of escrow for the
Affordable Unit.
7. Property Taxes. Developer and City agree to cooperate with one another and work
together with the Los Angeles County Office of the Assessors to qualify the Affordable Units for
a revised tax basis, allowing for the property tax basis to be calculates pursuant to the county
affordable program. City shall have no liability for any property tax related to the Project homes
and City shall have no liability due to the failure or inability of the Assessor's office to provide a
revised tax basis.
8. Compliance with Laws. Developer shall comply with all applicable laws relating to this
Agreement and the transactions contemplated by this Agreement including, but not limited to,
laws relating to fair housing laws, including the Federal Fair Housing Act, the California Fair
Employment and Housing Act and the Unruh Civil Rights Act.
9. Developer's Indemnity. Developer agrees to indemnify, defend, and hold harmless the
City from and against all claims, liens, claims of lien, losses, damages, costs, and expenses,
including attorneys' fees, whether direct or indirect, arising in any way from the construction or
sale of the Affordable Housing, or from any default by Developer in the performance of its
obligations under this Agreement; provided, however, that Developer shall not be required to
indemnify, defend or hold harmless the City from claims, losses, damages, costs and expenses
related solely to the active negligence or willful misconduct of the City. For the purposes of this
Section, "City" includes the City's elected and appointed officials, officers, employees, and agents.
10. Nondiscrimination. The Developer 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, creed, religion, sex,
marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy,
tenure or enjoyment of the Affordable Unit, nor shall the Developer itself or any person claiming
under or through the Developer 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 Affordable Unit or any portion thereof.
The Developer, its successors, and assigns, shall refrain from restricting the sale of the Affordable
Unit on the basis of the race, color, creed, religion, sex, marital status, national origin or ancestry
of any person. All deeds, leases, or contracts with respect to the Affordable Unit 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 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."; and
(ii) 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,
national origin or ancestry 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, 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."
Nothing in this Section 10 shall be construed to authorize a transfer of the
Affordable Unit if such sale, assignment, encumbrance, or other transfer is not otherwise permitted
by this Agreement.
11. Conflict of Interest: No Individual Liability. No official or employee of the City shall
have any personal interest, direct or indirect, in this Agreement, nor shall any official or employee
of the City participate in any decision relating to this Agreement which affects such official's or
employee's pecuniary interest in any corporation, partnership or association in which such official
or employee is directly or indirectly interested. No official or employee of the City shall be
personally liable in the event of a breach of this Agreement by the City.
12. No Employee Eligibility. No City employee or City official or their relative(s) (spouse,
parent or child) shall be eligible to participate in purchasing a Affordable Unit.
13. Modification. This Agreement may be modified only by subsequent mutual written
agreement executed by City and Developer or their successors.
14. Governing Law. The laws of the State of California shall govern this Agreement. Any
legal action brought under this Agreement shall be instituted in the Superior Court of the County
of Los Angeles, State of California.
15. Assignment of Agreement. This Agreement shall be assignable by Developer in
connection with the sale or transfer of the Project and assumption by the transferee of all
obligations arising from this Agreement. Assignee shall assume the entirety of this Agreement,
including all obligations and Developer shall ensure any assignment shall include all such
requirements of this Agreement. Any assignment of this Agreement shall be preceded by 30 day
notice to City.
16. Remedies, Attorneys' Fees and Costs. Breach of the covenants contained in this
Agreement may be enjoined, abated, or remedied by appropriate legal proceedings. If the City
incurs any attorneys' fees, court costs, or any other costs or expenses in investigating compliance
with or enforcing this Agreement or investigating or defending claims brought by the Developer
under this Agreement, then the City shall be entitled to recover any such fees, costs, and expenses
from the Developer.
17. Notice of Inspection. The Developer agrees and acknowledges that the City and its
employees and agents shall have the right to enter upon any Affordable Unit owned by the
Developer during normal business hours (Monday through Friday, between 9:00 a.m. and 5:00
p.m.) to ensure compliance with this Agreement and other applicable federal, state and local laws
and regulations. The City agrees to notify the Developer not less than twenty-four (24) hours
prior to the City's proposed time of inspection of the Affordable Unit and agrees to attempt to
obtain the Developer's consent to the timing of such inspection. Upon receipt of such notice, the
Developer agrees to cooperate with the City in making the Affordable Unit available for inspection
by the City.
18. Construction. The provisions of this Agreement shall be liberally construed for the
purpose of maintaining the availability and affordability of the Affordable Unit to persons meeting
the criteria set forth herein.
19. Term of this Agreement. Except for the non-discrimination covenants set forth in Section
10, which shall be in perpetuity, the covenants, conditions, and restrictions of this Agreement shall
run with the Affordable Units for a period of thirty (30) years, measured from the date of execution
of the City's Affordable Housing Agreement and Resale Restriction between the City and the buyer
of the Affordable Housing Unit.
20. Transfer Voidable If Procedure Not Followed. Any transfer of any Affordable Unit by
the Developer without full compliance with the terms and procedures set forth above shall be
voidable by the City at the City's election in its sole, absolute, and unfettered discretion.
21. Recordation. The Parties shall cause this Agreement to be recorded m the official records
of Los Angeles County, California.
7
22. Covenants for the Benefit of the City. All covenants without regard to technical
classification or designation shall be binding for the benefit of the City and such covenants shall
run in favor of the City. The City, in the event of any breach of any such covenants, shall have
the right to exercise all the rights and remedies and to maintain any actions at law or suits in equity
or other proper legal proceedings to enforce and to cure such breach to which it or any other
beneficiaries of these covenants may be entitled during the term specified for such covenants.
23. Notices. All notices required or permitted hereunder shall be delivered in person or by
facsimile, by overnight courier, or by registered or certified mail, postage prepaid, return receipt
requested to such Parry at its address shown below, or to any other place designated in writing by
such Party.
If to Developer Shea Homes Limited Partnership
2 Ada, Suite 200
Irvine, CA 92618
Attention: Brooke Doi
Email Address: brooke.doinasheahomes.com
If to City: The City of Rosemead
8838 E Valley Blvd.
Rosemead, CA 91770
Attention: Housing Division
housinedivisionna.citvofrosemead.org
Any such notice shall be deemed received upon delivery, if delivered personally or by
facsimile with acknowledgment of receipt; one (1) business day after delivery to an overnight
courier, if delivered by overnight courier; and three (3) business days after deposit into the United
States Mail, if delivered by registered or certified mail.
24. No Waiver. Failure by the City to enforce or delay by the City in enforcing any right or
remedy with respect to this Agreement shall not bar or limit any subsequent enforcement of the
same or any other right or remedy with respect to the same subject matter or a different subject
matter. Rights and remedies of the City under this Agreement may be waived or modified only
by a written instrument signed by the City which states an express intention to waive or modify
such rights and remedies.
25. Incorporation of Exhibits. Exhibit "A" and Exhibit 'B" attached to this Agreement are
hereby incorporated into this Agreement as if set forth in full at this point.
26. Further Assurances. The Developer shall from time to time provide the City with such
further information and shall execute such further documentation and agreements as may be
reasonably necessary or appropriate to carry out the purposes of this Agreement.
27. Severability. If any provision or clause of this Agreement conflicts with applicable law,
or is otherwise rendered unenforceable or ineffectual, then the validity of the remaining parts,
terms, portions or provisions, or the application thereof to other persons or circumstances, shall
be deemed severable and the same shall remain enforceable and valid to the fullest extent
permitted by law.
I,]
IN WITNESS WHEREOF, the Parties have duly executed this Agreement as of the date
indicated above.
THE "CITY"
THE CITY OF ROSEMEAD
By: ?2cIu yw( 'A
Name:
City ger
THE"DEVELOPER"
SHEA HOMES LIMITED PARTNERSHIP
Name: %(641/ /7lGi/1'I�Ci7
Its: 7 41
By:
Name: Michael Claud
AafinizedAgeld
Its:
CALIFORNIA 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 -1A^ 1
Id
County of ^^y�� Y.IJ� 1} ,`rte, 11 •. `/u _1�, Q 1
On MAW%before me, 1Vu1U �lY 7Yl NV"""N ` Wt(j
Date _ Here Insert Name and Title of the Mcer
personally appeared
who proved to me on the basis of satisfactory evidence to be the personVwhose nameX—fis,leresubscribed
to the within instrument and acknowledged to me that he/she/lhepexecuted the same in hisATerfth&r-
authorized capacitygo<and that by hisRterftftell signatureVon the instrument the person(5)for the entity
upon behalf of which the person0acted, executed the instrument
NATALIE HAWORiH
Notary Public - California
Los Angeles County
Commission 4 2427955
My Comm. Expires Dec 20, 2026
Place Notary Seal and/or Stamp Above
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 fi ' I/UNU►{
Signature Notary Public
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an
i unintended ocumn`te,�nyt
Description of Attached Document �
Title or Type of Document Ann (11e,Lf, pum ���tl1,6
�
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer - Title(s):
❑ Partner- ❑ Limited ❑ General
D Individual ❑ Attorney in Fact
❑ Trustee D Guardian or Conservator
D Other:
Signer is Representing:
®2019 National Notary Association
Signer's Name:
❑ Corporate Officer - Title(s):
❑ Partner - ❑ Limited
O General
❑ Individual
❑ Attorney in Fad
❑ Trustee
❑ Guardian or Conservator
D Other.
Signer is Representing:
CALIFORNIA NOTARY ACKNOWLEDGMENT
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
County of Orange
On 10/29/2024 before me, Sandra C. Calderon (Notary
Public), personally appeared Karen Ellerman and Michael Ciauri , 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
she/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.
oldilSANDRA
ta C Pu C. CaLDEnON
l--'y
Notary Public - California
Grange CountyWITNESS my hand and official seal o m.Expin;zaeaa<s
conn. exvire: oct,1 s_zaz�7�>
Signature 2_ (Seal)
5200621.4 Exhibit "A"
Legal Description of the Property
Parcel I
That portion of Lot 12 in Black 2 of Rosemead. in the City of Rosemead. County of Los Angeles. State of
California, as per snap recorded in Book 12 Page 194 of Maps, in the office of the County Recorder of said County.
described as follows:
Beginning at a point in the southwesterly line of said lot. distant thereon North 64' 21' W' West 229,7 feet from
the southeast comer of said lot: thence North 280 53' 15" East 162.14 feet; thence North 890 02' 15" East. 124.80
feet to a point in the easterly line of said lot: thence along said easterly line North 00° 57' 45' West 457.92 feet..
more or less- to the most southerly comer of the land described in Decd to Theodore Swan, recorded in Book 13436
Page 314. Official Records of said County; thence along the southwesterly fine of the land described in said Deed.
North 64° 21'00' West 194 s6 feet to a point in the easterly line of the Southern California Edison Compam's right
of way, shown as Parcel No. 19 on Licensed Surveyor's Map filed in Book 30 Page 4. Record of Surveys. in the
office of the County Recorder of said County; thence along said easterly line. South 000 22' 01" East 254.20 feet to
an angle point in said easterly line of said Parcel No. 19; thence continuing along said easterly line and the
prolongation thereof South 280 53' 15" West, 399.39 feet to a point in the southwesterly line of said Lot 12; thence
along said southwesterly line South 61' 21" 00" East 190.00 feet to the point of beginning.
APNs: 5389-009-030 and a porton of 5389-009-031
Parce 12:
That portion of Lot 12 in Block 2 of Rosemead, in the City of Rosemead. County of Los Angeles. State of
California, as per map recorded in Book 12 Page 194 of Maps. in the office of the County Recorder of said County.
described as follows:
Beginning at a point in the easterly line of said Lot 11 distant thereon South 0° 35' 49" East 254.68 feet from the
northeast cooter of said Lot 12: thence North 640 04' 21" West, parallel with the northerly Zinc of said lot. a distance
of 193.56 feet, more or less, to the intersection with the easterly line of the right of way of the Southern California
Edison Company as shown on map of Records of Survey filed in Book 30 Pages I to 7, inclusive of Records of
Surveys, records of said County; thence North 890 55' 39" East 173.95 feet to a point in the easterly line of said lot
distant Uhctcon North 0° 35' 49" East 85.23 feet from the point of beginning: utence South V 35' 49' West 85.23
feet to the point of beginning.
APN: 5389-009.031 (REMAINDER OF)
Parcel 3:
That porton of Parcel 2. in the City of Rosemead. County of Los Angeles. State of California. as shown on Ute
Record of Survey Map filed in Book 52 Page 27 of Record of Surveys. in the office of the County Recorder of said
County. described as follows: L�
Beginning at a point in the southwest line of said parcel which is distant North 640 21' 00" West 169.87 feet from
the southeast comer of said parcel; thence continuing along said southwest lithe North 64° 21'00" West 60.00 feet to
the stxuhwesterly comer of said Parcel 2: thence along the westerly line of said parcel North 28° 53' 15- East
162.14 feel to the northwesterly comer of said Parcel 2: thence along, the northerly line of said parcel North 89° 02'
15" Fast 38.00 reel to a point in the said northerly line which is South 89° 02' 15' West 86.80 feet tram the
northeast comer of said parcel; thence southwesterly in a direct line to The point of beginning.
APN: 5389409.029
Exhibit "A"
Resale Restrictions
[See attached page(s)]
Exhibit "B"
No Recording Fee: Govt. Code § 27383
RECORDING REQUESTED BY AND WHEN
RECORDED MAIL TO:
City of Rosemead
8838 E. Valley Blvd.
Rosemead, CA 91770
Attn: Housing Division
(Space above this line for Recorder's use)
AFFORDABLE HOUSING AGREEMENT AND COVENANT CONCERNING USE
AND RESALE RESTRICTIONS
THIS AFFORDABLE HOUSING AGREEMENT AND COVENANT CONCERNING USE
AND RESALE RESTRICTIONS ("Agreement") is effective as of November , 2024 and is
entered into by and between the CITY OF ROSEMEAD, a California general law city and
municipal corporation ("City") and ("Owner"), collectively referred to herein as
"Parties." The Parties agree as follows:
1. Recitals.
1.1 On October 29, 2024, the City and Shea Homes Limited Partnership, a
California corporation, entered into that certain Master Agreement and Covenant Concerning Use
and Resale of Residential Units ("Master Agreement"), which was recorded as document no._
in the official records of Los Angeles County.
1.2 The Owner hereby acknowledges receipt of a copy of the Master
Agreement, which is hereby incorporated by this reference. Unless otherwise defined in this
Agreement, all initially capitalized terms have the meaning ascribed to such terms in the Master
Agreement.
1.3 The purpose of this Agreement is to effectuate the Master Agreement and
the provision of Affordable Housing to "Qualified Households" set forth therein and to guarantee
that such housing remains affordable for a minimum period of 30 years, measured as provided in
Section 2 hereof.
1.4 This Agreement applies to the real property including the home located
thereon at Mission Villa Drive, Rosemead, California 91770 ("Property" or "Home"),
which is more particularly described in Exhibit A.
1.5 The Owner has provided documentation to the City demonstrating that
Owner is eligible to participate in this Homeownership and that the Owner's household, as
applicable, is a Qualified Household.
Exhibit "B" - Page 1 of 8
1.6 The Owner understands that as a condition to purchasing the Property,
Owner must enter into this Agreement and fully abide by its terms.
2. Term of Aereement and General Covenants.
2.1 This Agreement is binding upon Owner and Owner's heirs, legal
representatives, executors, successors in interest and assigns for a minimum period of 30 years
measured from the date of execution of this Agreement (the "Term"). Upon the expiration of the
Term, at the request of the current Owner, the City shall prepare and record a memorandum of
termination of this Agreement.
2.2 During the Term of this Agreement, the Property is to be (i) occupied
only by a Qualified Household, and (ii) shall be held, occupied, leased, used, encumbered,
hypothecated and conveyed subject to the terms, conditions, covenants, restrictions and
limitations of this Agreement, which are intended to constitute both equitable servitudes and
covenants running with the land.
2.3 Any purchaser of or successor in interest or assignee of the Property
or any portion thereof, will be deemed to have taken title with knowledge of this Agreement,
and to have personally covenanted, consented to and accepted the terms, covenants,
conditions, restrictions and limitations set forth in this Agreement.
3. Transfer of the Property.
During the Term of this Agreement, the Property may not be transferred, sold,
leased or assigned ("Transfer") without the written approval of the City Manager or City
Manager designee.
3.1 Notice of intent to sell. Prior to offering the property for sale, Owner
shall notify the City in writing of Owner's intent to sell the Property. The notice must specify
the Owner's asking price for the Property.
3.2 Restrictions on sale price. In all cases, the "Maximum Sale Price" that
Owner may realize from the sale of the Property will be limited to:
3.2.1 The original sale price, which is $ plus
3.2.2 An adjustment to the original sales price based on the
percentage increase in the Consumer Price Index for All Urban Consumers, Los Angeles -
Riverside -Orange County, California, All Items, 1982-84 =100, published by the United
States Department of Labor, Bureau of Labor Statistics, from the time the current Owner
purchases the Property, until the City or its designee receives the notification of intent to
sell, plus
3.2.3 The original cost of any structural or permanent fixed
improvements added not including the replacement of existing improvement; provided that
before the cost of such improvements may be added to the sales price, Owner must provide
written documentation of the same to the City, plus
Exhibit "B" - Page 2 of 8
3.2.4 The seller's closing costs in accordance with customary
practices for residential sales in Los Angeles County, minus
3.2.5 The amount needed to remedy any deficiencies in the
Property, as determined by the City, including, but not limited to:
3.2.5.1 Violations of applicable building, plumbing, electric, fire
or housing codes which would cause the Home to be uninhabitable;
3.2.5.2 Repair of built-in appliances originally furnished to
Owner by the Developer which are not then in good working order so that such appliances
are operable to the subsequent owner; and
3.2.5.3 Any other corrective work required by law to make the
Home habitable.
3.3 Sale by Owner. The Owner must sell the Property to a Qualified
Household, subject to the Maximum Sale Price limitations set forth in Section 3.2 above.
Owner shall not charge such purchaser any fees in addition to the Maximum Sale Price. The
subsequent purchaser shall be subject to the requirements of this Agreement.
3.4 Income Restrictions. The gross income of all persons residing in a unit
shall be considered for the purposes of calculating the applicable income.
4. Non -Discrimination Covenant.
Owner covenants that there shall be no discrimination against any person or group of
persons on account of age, ancestry, color, disability, marital status, medical condition
including Acquired Immune Deficiency Syndrome (AIDS) or the Human Immune
Deficiency Virus (HIV), mental or physical disability, national origin, race, religion, sex, or
sexual preference/orientation in the sale, transfer, use, occupancy, tenure or enjoyment of
the Property, or any part thereof, and that Owner and all such persons darning by, or though
Owner, shall refrain from restricting the sale, transfer, use, occupancy, tenure or enjoyment
of the Property, or any part thereof, on the basis of age, ancestry, color, disability, marital
status, medical condition including Acquired Immune Deficiency Syndrome (AIDS) or the
Human Immune Deficiency Virus (HIV), mental or physical disability, national origin, race,
religion, sex, or sexual preference/orientation of any person.
5. City Approval of Financing; Subordination to Lenders; and Foreclosure
Protections.
5.1 During the Term of this Agreement, Owner may not enter into any
financing agreement that will be secured by a mortgage or deed of trust recorded against the
Property without the written approval ofthe City Manager or City Manager designee. Owner
shall provide the City with at least 15 days' advance written notice of any proposed financing
that will be secured by a deed of trust recorded against the Property, which notice must
include: (i) reasonable documentation evidencing the amount of such financing and (ii) the
current Maximum Sale Price. Under no circumstances may the total amount of
encumbrances recorded against the Property exceed the current Maximum Sale Price.
Exhibit "B" - Page 3 of 8
Within 15 days of receipt of the notice of proposed financing and reasonable documentation
of the amount of such financing and current Maximum Sale Price, the Director shall give
written consent to the financing if the proposed financing and the total amount of existing
encumbrances recorded against the Property do not exceed the current Maximum Sale Price
5.2 Provided that Owner complies with the requirements of Section 5. 1,
the City agrees that this Agreement may be subordinated to the liens, rights, duties and
obligations created by a deed of trust recorded in the first position (i.e., senior to all other
deeds of trust recorded against the Property), and does not impair the rights of an institutional
lender that is the maker of a loan secured by a deed of trust recorded in the first position, or
such lender's assignee or successor in interest to:
5.2.1 Foreclose or take title to the Property under the remedies in
the deed of trust; or
5.2.2 Accept a deed or assignment in lieu of foreclosure in the
event of default by a trustor; or
5.2.3 Sell the Property to any person at any price, subsequent to
exercising its rights under the deed of trust.
5.3 Owner agrees to record in the Los Angeles County Recorder's office a
request for a copy of any notice of default and any notice of sale under any deed of trust or
mortgage with the power of sale encumbering the Property as provided in California Civil
Code section 2924(b). The request must specify that any notice will be provided to the City
at the address set forth in Section 10 [Notices] of this Agreement. Any notice of sale given
under Civil Code Section 2924(f) or any service of summons or other papers in a judicial
foreclosure will constitute a notice of intent to sell as provided in Section 3 of this
Agreement, and in the event the Property is transferred through a trustee's sale, judicial
foreclosure or deed in lieu of foreclosure, any surplus that the Owner may be entitled to
under California Code of Civil Procedure section 727 must be paid as follows:
The portion of the surplus, if any, that equals the net amount Owner would
have received after payments of all encumbrances, will be paid to Owner up
to the amount of the Maximum Sale Price; the balance of the surplus will be
paid to the City.
The recordation of this Agreement establishes constructive notice of a lien in favor of the
City secured by the Property in the amount of the surplus to be paid to the City as described
in this Section.
5.4 In the event of a transfer of the Property by foreclosure, where the
transferee is not a Qualified Household, the transferee, upon a subsequent transfer of the
Property, will be bound by this Agreement.
6. Event of Default.
If either Party defaults as to any of the terms or conditions of this Agreement, the
defaulting Party will have 30 days after service of written notice of such default to cure the
Exhibit "B" - Page 4 of 8
default by rendering a performance reasonably satisfactory to the other Party; provided,
however, that for any default which cannot be remedied within 30 days, the defaulting Party
must commence performance within 30 days of notice and diligently work thereafter to
render a full and complete performance to the reasonable satisfaction of the other Party. The
failure to cure a default within the prescribed period will constitute an "Event of Default."
7. City's Remedies.
If there is an Event of Default by Owner, the City may pursue any remedy in equity
and at law, including but not limited to injunctive relief and specific performance. In addition
to any other remedy, the City will also have the right to purchase the Property. The amount
to be paid to the Owner by the City will be as set forth in Section 3.2 [Maximum Sale Price]
with the date of valuation set as the date of the City's written notice that it intends to pursue
this remedy. If the City and the Owner are unable to agree upon the fair market value of the
Property to be acquired, the City may institute an action in eminent domain to acquire the
Property and this Agreement then will constitute a stipulation on the part of Owner that the
only issue to be determined in such an eminent domain action will be the fair market value
of the Property and that the date of valuation will be as set forth in this Section. In addition
to any other remedies, if Owner sells the Property at more than the Maximum Sale Price,
Owner will be obligated to the City for that sum of money in excess of the Maximum Sale
Price. After deducting its reasonable costs and expenses for pursuing any remedy against
Owner, the City shall apply any remaining sum it recovers toward its housing programs.
8. Benefit of Agreement.
All of the terms, covenants and conditions in this Agreement are for the benefit of the
City, both in and for its own right, and for the purposes of protecting the interests of the public
health, safety and welfare and other parties, public or private, who may benefit from this
Agreement, and the same shall run with the land.
9. Assignment of Agreement.
This Agreement is binding upon Owner, its executors, administrators and assigns,
and all persons claiming under or through Owner. Wherever this Agreement uses the term
"Owner" it is deemed to include Owner, its executors, administrators and assigns and all
persons claiming under or through Owner. The City may assign its rights and obligations
under this Agreement without the consent of the Owner.
10. Notices.
Written notice, demands, and communications between the City and Owner shall be
deemed sufficient if hand delivered or sent by registered or certified mail, postage prepaid,
return receipt requested, to the City and the Owner at the addresses set forth below, which
either party may, from time to time, change by giving notice in accordance with this Section.
To City The City of Rosemead
8838 E. Valley Blvd.
Rosemead, CA 91770
Attention: Housing Division
Exhibit "B"- Page 5 of
If Owner: Owner Name
Address
Rosemead, CA 91770
Notices will be deemed given as of the date of personal service, or three (3) consecutive calendar
days after the deposit of the same in the custody of the United States Postal Service.
11. General Provisions.
11.1 Governing Law. This Agreement is to be interpreted and construed in
accordance with the laws of the State of California.
11.2 Waiver and Amendment. No provision of this Agreement, or default
under any provision, can be waived except in writing. Waiver of any provision or default will
not be deemed to be a waiver of any other provision, or of any subsequent default of the same or
other provision. This Agreement may be amended only by a written agreement signed by the
Parties.
11.3 Integration. This Agreement contains the entire agreement and
understanding between the Parties as to its subject matter. No representations, oral or otherwise,
express or implied, other than those contained herein, have been made by the Parties. All exhibits
referred to in this Agreement are hereby incorporated in the Agreement by this reference,
regardless of whether or not the exhibits are actually attached to the Agreement.
11.4 Severability. If any term, provision, covenant or condition of this
Agreement is held in a final disposition by a court of competent jurisdiction to be invalid, void
or unenforceable, the remaining provisions will continue in full force and effect.
11.5 Attomeys' Fees. The prevailing party in any action brought to enforce this
Agreement will be entitled to reasonable attorneys' fees and costs.
[Signatures on the following page.]
Exhibit "B" - Page 6 of 8
THE PARTIES hereto have caused this Agreement to be executed by the following
signatories as of the date first written above:
THE "CITY"
THE "OWNER"
THE CITY OF ROSEMEAD
M
Name:
City Manager
Name:
0
Name:
ATTACH NOTARY ACKNOWLEDGEMENT
Exhibit "B" - Page 7 of 8
LEGAL DESCRIPTION OF THE PROPERTY
Exhibit "B" - Page 8 of 8