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HomeMy WebLinkAbout531 Spruce Avenue, Bridge Capital Enterprises, LLC - Regulatory Agreement and Declaration of Restrictive Covnenats for Accessory Dwelling Unit (APN 012-161-020)RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of South San Francisco P.O. BOX 711 South San Francisco, California 94083 Attn: City Clerk No fee for recording pursuant to Government Code Section 27383 2023-002136 2:01 pm 01/1812023AG NQ Fee: $79.00 Count of Pages 16 Recorded in Official Records County of San Mateo Mark Church Assessor -County Clerk -Recorder II1111 1EI 1111111111111111 1 111 I 11111 I I I I I 11 *$ R 0 0 0 3 3 2 4 6 0 3$* SPACE ABOVE THIS LINE FOR RECORDER'S USE \ 1� REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS FOR ACCESSORY DWELLING UNIT This Agreement and Acknowledgment of Occupancy Restriction and Declaration of Restrictive Covenants (the "Agreement") is made and entered into as of January 4th 202 3 by and between the City of South San, Francisco, a municipal corporation (the "City'') and Bridge Capital Enterprises, LLC at 531 Spruce Ave South San Francisco, Ca 94080(the "Address„). (the "Owner") (Information should be typed) RECITALS A. Owner has applied to City for a permit to construct and develop an accessory dwelling unit MDU") within a residential zoning district on that real property in the City of South San Francisco, County of San Mateo, more particularly described in Exhibit A attached hereto and incorporated herein (the "Property"). B. California Government Code Section 65852.2 requires prospective applicants of accessory dwelling units to satisfy certain criteria, submit to the City proof of ownership and record certain restrictive covenants that shall run with the land. This Agreement implements these requirements. C. In order to ensure that the Property will be used and operated in accordance with these conditions and restrictions, the City and the Owner wish to enter into this Agreement. THEREFORE, the City and the Owner hereby agree as follows. 1 1. No Separate Sale or Conveyance. In consideration of the City's approval of an ADU in accordance with California Government Code Section 65852.2, the ADU shall not be sold or otherwise conveyed separately from the single-family residence (also referred to herein as the "Primary Dwelling Unit") on the Property. Owner understands that violation of this section will be a breach of this Agreement and a violation of California Government Code Section 65852.2. 2. Short -Term Rentals Prohibited In consideration of .the City's approval of an ADU in accordance with California Government Code Section 65852.2, and South San Francisco Municipal Code Section 20.350.035, the ADU shall not be rented for periods of less than thirty-one (3 1) consecutive days. Owner understands that a violation of this section will be a breach of this Agreement and a violation of South San Francisco Municipal Code Section 20.350.035.' 3. Covenants to Run With the Land. The City and the Owner hereby declare their express intent that the covenants and restrictions set forth in this Agreement shall run with the land and shall be enforceable against all future purchasers and bind•all successors in title to the Property. Each and every contract, deed or other instrument hereafter executed covering or conveying the Property or any portion thereof shall be held conclusively to have been executed; delivered and accepted subject to such covenants and restrictions. Such covenants and restrictions shall run with the land regardless of whether such covenants or restrictions are set forth in such contract, deed or other instrument. Such covenants and restrictions shall cease, to run with the land. only° if the City- expressly releases such conveyed portion of the Property from the requirements of this Agreement. 4. Breach of the A eement. Separate conveyance of the primary dwelling unit and the ADU unit shall be a breach of this Agreement and a violation of the California Government Code. The City shall enforce this Agreement if the Owner fails to perform -any obligation under this Agreement or fails to cure the default within thirty (30) days after the'City has notified the Owner in writing of the default. If the default cannot be cured within thirty (30) days, the City shall enforce this Agreement if the Owner does not begin to cure the default within thirty (30) days after the City has notified the Owner in writing of the default and the Owner thereafter fails to diligently cure the default. 5. Enforcement by the City. The City shall have the right to enforce this Agreement by any or all of the following actions, or any other remedy provided by law: (a) Specific Performance. The City may declare a default under the Agreement, and petition a court of competent jurisdiction for specific performance. 2 (b) Action to Compel Performance or for Damages. The City may bring an action at law or in equity to compel the Owner's performance of its obligations under this Agreement, and/or for damages. (c) Revocation of Permit. The certificate of occupancy will be revoked if the permitted ADU violates any of the provisions of the South San Francisco Municipal Code or the California Government Code in effect at the time of the approval of the building permit. On ten (10) days written notice to the Owner, the Chief Planner may initiate a proceeding to revoke the certificate of occupancy for the ADU using the revocation procedure set forth in the South San Francisco Municipal Code. 6. Release from Covenants. The Owner may request that the permitted ADU be removed in the future. Upon such request by the Owner, the City shall provide a recordable "Certificate of Release from and Satisfaction of Covenants" to release the Property from the restrictive covenants set forth in this Agreement. 7. Attorneys' Fees and Costs. In any action brought to enforce this Agreement, the prevailing party shall be entitled to all costs and expenses of suit, including attorneys' fees. This section shall be interpreted in accordance with California Civil Code Section 1717 and judicial decisions interpreting that statute. 8. Recording and Filing. The Owner shall cause this Agreement, and all amendments and supplements to it, to be recorded against the Property in the Official Records of the County of San Mateo. 9. Governing Law. This Agreement shall be governed by the laws of the State of California. 10. Amendments. This Agreement may be amended only by a written instrument executed by all the parties hereto or their successors in title, and duly recorded in the real property records of the County of San Mateo, California. 11. Notice. All notices given or certificates delivered under this Agreement shall be in writing and be deemed received on the delivery or refusal date shown on the delivery receipt, if (a) personally delivered by a commercial service which furnishes signed receipts of delivery or (b) mailed by certified mail, return receipt requested, postage prepaid and addressed as shown below. Any of the parties may, by notice given hereunder, designate additional or different addresses to which subsequent notices, certificates or communications shall be sent. 3 City: City of South San Francisco, Office of Planning Post Office Box 711 South San Francisco, California 94083 Attention: Chief Planner Owner: Bridge Capital Enterprises, LLC 531 Spruce Ave South San Francisco, Ca 94080 12. Severability. If any provision of this Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining portions of this Agreement shall not in any way be affected or impaired thereby. [Signature page follows.] 4 IN WITNESS WHEREOF, the parties have executed this Agreement on or as of the date first written above. CITY: PROPERTY OWNER: CITY OF SOUTH SAN FRANCISCO, a By: California municipal corporation Its: By By: ECD Director Its: APPROVED AS TO FORM: By: 4(= City Attorney Its: 4 IN WITNESS WHEREOF, the parties have executed this Agreement on or as of the date first written above. CITY: CITY OF SOUTH SAN FRANCISCO, a California municipal corporation PROPERTY OWNER: By: (Signa e) Name: Faro elmand By: (Signature) Name: Ile fA_ A 4416 tam - By: (Typed or Printed) Its: Name: (Title) a4_ Govft A008ta, c�ttr Cteiic /� 2423 5 Its: (Typed or Printed) Owner/Manager Of BCE, LLC (Title) (Signature) (Typed or Printed) (Title) 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 County of,d 1 On (i� d before me, 'r/^ Date e Here Insert Name and Title of the icer personally appeared / Vfel(fe / VI U e 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. MARIE ELLEN PAEA Notary Public - California San Maeo County Commission K 235593 y Comm. Expires Apr 28, I025 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 � jL �Y�a�T Signature of Notary Public yr I w111raI- Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ©2019 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 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. 11 State of (4��'NVA County of A' GttMeaQ On the I I " I a01.3 before me P ttwl �4b 4 A f`,Aa)& a Notary Public, personally appeared T:4c ooq e1 shah Ck 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 laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: A-4 Name: P A g's- A I dle ((k (Typed or Printed) t+E�` op i- aniel Robert Arnold: COMM # 2336257 z ALAMEDA County y California Notary Publi • C 41;!o�+? Comm Exp Oct. 22, .2.02 . 4 (Seal) EXHIBIT A Property Description . Order No. 237896-WMS Escrow NO. 3422514MS { Exhibit A o , La ®k- in in w 0 s- r - z n 0 v W � . H U.W ; O N � O.' LU O Cp .. L.� Iy U . o -- I" 4 k. i i. legal des=iption of the proparty IAT 6, SLACK 9, as delineated upon that cartain Map entitled -MP OF HIM MIOM PARK ADDITION Zq SOM OSM f SanF�", fj ,Affor re rd on May in the fios of9the Recorder of the Catmty s San and I6. in Book 10 of Maps, at Page Document Number: 1995-140856 Page; 3 of 3 Omi eni ffil ilii- EXHIBIT B Proof of Ownership (Affix copy of title) Secretary of State LLC -2 -NA Amendment to Articles of r� Organization of a Limited Liability Company (LLC) Name Change Only IMPORTANT - Read Instructions before completing this form. Filing Fee - $30.00 Copy Fees - First page $1.00; each attachment page $0.50; Certification Fee - $5.00 Note: You must file a Statement of Information (Form LLC -12), to change the business address(es) of the LLC or to change the name or address of the LLC`s rnanager(s) and/o; agent for service of process, which can be filed online at llcbizfile.sos.ca.gov/Sl. FILED �? Secmtary of Sate State of Calitomia OCT 2 3 2020 i�'- This Space For Office Use Only 1. LLC Exact Name (Enter the exact name on file with the California Secretary of State.) FOST GROUP, LLC 2. LLC 12 -Digit Entity (File) Number (Enter the exact 12 -digit Entity (File) Number issued by the California Secretary of State.) 3. New LLC Name (See Instructions — List the proposed LLC name exactly as it is to appear on the records of the California Secretary of State. The name must contain an LLC identifier such as LLC or L.L.C. "LLC' will be added, if not included.) BRIDGE CAPITAL ENTERPRISES, LLC Signature By signing, I affirm under penalty of perjury that the information herein is true and correct and that I am authorized by California law to sign. Additional signatures set forth on attached pages, if any, are incorporated herein by reference and made part of this Form LLC -2 -NA. (Ail attachments should be 8'/z x 11, one-sided, legible and clearly marked as an attachment to this Form LLC -2 -NA.) ere L:�r LLC -2 -NA (EST 1012 FAROOO HELMAND Print your name here 2020 Caliiomia Secretary of State bizMe.sos.ca.gov li� a -N Recording requested by (name): Dioniclo Barrientos Valencia and Rosa Maria Valencia When recorded mail to and mail tax statements to: Dionicio Barrientos Valencia and Rosa Maria Valencia 1132 Beach Ct, Discovery Bay, CA 94505 02 61r's2 arcel No. (APN), (Documentary Trander Tax: $�d i If exempt, enter R&T code: Explanation: % v+ll-t.c/L r iNG h ev-Lg,►t 811wtr k'�hl►i ure of Declarant 6rAaent deferminln4 tax 2022-067698 12:05 pm 09/16/2022 DE Fee: $20.00 Count of Pages 3 SS Recorded in Official Records County of San Mateo Mark Church Assessor -County Clerk -Recorder 1111111111111IN11111IIII1111111111111111111111Illi11GIill $ R 0 0 0 3 2 8 GRANT DEED Declaration of Exemption From Gov't Code § 27388.1 Fee ❑ Transfer is exempt from fee per GC § 27388.1(a)(2): ❑ recorded concurrently "in connection with' transfer subject to Documentary Transfer Tax ❑ recorded concurrently `in connection with" a transfer of residential dwelling to an owner -occupier ❑ Transfer is exempt from fee per GC 27388.1(a)(1): ❑ Fee cap of $725.00 reached ❑ Not related to real property For a valuable consideration, receipt of which is hereby acknowledged, GRANTOR(S) `Dionicio Barrientos Valencia and Rosa Maria Valencia (owners who are signing deed) (currentowner(s) form of title) hereby grant(s) to GRANTEES) Bridge Capital Enterprises, LLC — — (new owners, including current owners if staying on title) (new owners, continued) as A California Limited Liability Company (never owneKsj form of Utle) i the following real property in the City of _ South San Francisco County of San Mateo California (insert legal desMptionk Date: O(a - 2Z 2v22 �_�n D ( ,ignature of deciarant) q / (Print name) Date: 0(o ' Zi . 2 D 22 - � 10a4---�. —M - (Signature of declarant) 1 (Print name) Document Number. 2022-067698 Page: 1 of 4 3 ACKNOWLEDGMENT A Notary Public or other officer completing dais cetrtificate:verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness. accureev. or validity of that document. State of California ) County of Sgh Mol e o before me, D h R,bd' real P,,bh L personally appeared \o >1 �c i o (insert ame and titie�af the officer) who proved to me on the basis of satisfactory evidence to be t e person(s). whose- name(s)- is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same In his/her/their authorized capaci(y(ies), and that by hit/herltheir signature(s) on the instrument the person(s), or the .entity .upon -behalf of whidh ,the person(sj 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. (Sew) Signature __ k7�—e� •'.. . .niel Rober `LOP at Arnold: COMM # 2336257 z ALAMEDA County S +° California NotaryPubli .. CAll'oComm Exp Oct. 22, 20244 Document Number: 2022-067698 Page: 2 of 4 —Dom Moil, • order No. 237896 -VM Escrow No. 3422514M { Exhibit A Legal desaciption Of the property = 6. BLOCK 91 as delineated upon that certain MaP entitled "MAP OF F -TM SCHOOL PARK J►DDZTiON Tp SOt)7H SAN FRANCT900", filed for record in the office o191th in Recorder of the County of San Mateo, State of California, on May 17th, Book 10 of Maps, at Pages 15 and 16. Document Number: 1995-140856 Page: 3 of 3 o�nentri#�ff[s t3e- W LTi .bb 0 CD C> tAov 0 % ZBZZ When embossed, fts is cefted to be a true copy of the records of ft San Mateo Assessor -County Clark. Recorder Mark ChurO, ssessor-County Clark-Recwder 0ocumeal Number, 2022-067898 Page, 4 Of 4 CONTRACT/AGREEMENT APPROVAL FORM Date: Name of Contract/Agreement 1/9/23 Originating Department/Responsible Person, ext. Planning Department Vendor Bridge Capital - 531 Spruce Avenue Routing Instructions: ECD Director/ City Clerks TYPE OF CONTRACT: Other Have there been any changes to the Contract Template? ONo OYes CONTRACT AMOUNTS: Not Applicable APPROVAL AUTHORITY: Council INSURANCE REQUIREMENTS: Waivers requested ONo Yes (If Yes, Route to Risk Manager for signature first) BUDGETARY: ❑Included in Budget (Simpler report attached showing amounts) Amount Project String Accounting String ATTACHMENTS: ❑ Agreement and all Exhibits ❑ Resolution (all contracts over $75k) ❑ SIR Questionnaire ❑ Certificate of Insurance, naming City of South San Francisco as an Additional Insured 1 DEPARTMENT HEAD ACKNOWLEDGEMENT: OL -11 O The contract, amendments, exhibits, insurance requirements/waivers and attachments have been reviewed and included. RISK MANAGER APPROVAL OF INSURANCE WAIVER: CITY ATTORNEY APPROVAL OF ENTIRE AGREEMENT: Comments: ❑ Approval of Agreement ASSISTANT CITY MANAGER'S APPROVAL: (DFINAL APPROVAL: ❑ Approval of insurance ❑Add Agreement to Contract Tracker (Only if amount is over $25,000) Citv Manager on behalf of CITY CLERK: Council ❑ Please attest, keep a copy for your files, and return to Originating Department ❑ Please upload to Laserfiche and return to Originating Department COPY SENT TO VENDOR: