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11-23-2010 CC Rpt A06 COUNCIL AGENDA STAFF REPORT CITY CLERK USE ONLY / ., RECEIVED Meeting Date: November 23, 2010 ;: Public Hearing 0 2010 NOV 15 �� g �8 `"°'•9""° "• Discussion Item ❑ / Consent Item IB' OFFICE OF CITY emmp HILLS LRK DATE: November 16, 2010 TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY MANAGER SUBJECT: RELEASE OF CONSTRUCTION COVENANTS FOR AGREEMENT NO. A08-03 WITH POMONA VALLEY HABITAT FOR HUMANITY, INC. FOR THE CONSTRUCTION OF CERTAIN IMPROVEMENTS TO ASSESSOR'S PARCEL NUMBER 1020-113-25 RECOMMENDATION: 1. Accept the construction of improvement to assessor's parcel number 1020-113- 25 by Pomona Valley Habitat for Humanity, Inc. as complete. 2. Authorize the City Clerk to cause the Release of Construction Covenants to be recorded. BACKGROUND/ANALYSIS: On January 22, 2008, the City and Pomona Valley Habitat for Humanity, Inc. (Developer) entered into Transfer Agreement number A08-03, which transferred a vacant lot located at 4616 Fairway Blvd. to the Developer for the purpose of constructing a single-family detached affordable home. The construction of this home has now been completed and the City has issued the developer a Certificate of Occupancy. Pursuant to the Transfer Agreement, after written request by the Developer and upon the satisfactory completion of construction of the Project, the City shall furnish the Developer with a final Release of Construction Covenants. Staff recommends that the City Council accept the project as complete and authorize staff to file a Release of Construction Covenants. REVIEW BY OTHERS: This item was reviewed by the City Attorney. Pt AGENDA DATE: November 23, 2010 Page 2 SUBJECT: RELEASE OF CONSTRUCTION COVENANTS FOR AGREEMENT NO. A08-03 WITH POMONA VALLEY HABITAT FOR HUMANITY, INC. FOR THE CONSTRUCTION OF CERTAIN IMPROVEMENTS TO ASSESSOR'S PARCEL NUMBER 1020-113-25 FISCAL IMPACT: There is no fiscal impact. The City is exempt from the payment of recording fees. Respectfully submitted, Recommended by: 4-diZet.71Z-s-- , ‘ Michael S. Fleag(City M ger Christine Kelly i Community Development Directot' MSF:CK:vv Attachment: Release of Construction Covenants RECORDED AT THE REQUEST OF: City of Chino Hills 2001 Grand Avenue Chino Hills, CA 91709 Attn: City Clerk WHEN RECORDED MAIL TO: Pomona Valley Habitat for Humanity 211 Bonita Avenue La Verne, CA 19750 APN 1028-113-25 Space above this line for Recorder's use. This Release of Construction Covenants is recorded at the request and for the benefit of the City of Chino Hills and is exempt from the payment of a recording fee pursuant to Government Code Section 27383. RELEASE OF CONSTRUCTION COVENANTS This RELEASE OF CONSTRUCTION COVENANTS ("Release") is made this 23th day of November, 2010, by the City of Chino Hills, a public body ("City"), in favor of POMONA VALLEY HABITAT FOR HUMANITY, a California nonprofit corporation ("Developer"). RECITALS A. On or about January 22, 2008, City and Developer entered into that certain Transfer Agreement number A08-03 which facilitated conveyance of certain real property, property located in the City of Chino Hills, County of San Bernardino, State of California, more particularly described in the legal description attached hereto as Exhibit "A' ("Parcel"), providing ownership to the Developer of said certain real property and which provided for Developer to construct certain improvements on the Parcel more particularly described therein as the "Project", Assessor's Parcel Number 1028-113-25. B. Pursuant to the Transfer Agreement, City is required to furnish Developer with this Release upon request by Developer after completion of construction of the Parcel. NOW, THEREFORE: 1. As provided in the Transfer Agreement, City does hereby certify that the construction of the Parcel has been fully and satisfactorily performed and completed, and that such development and construction work are in full compliance with the Agreement and that the covenants to construct the Project are hereby released as encumbrances from the Parcel. 2. This Release of Construction Covenants shall not constitute evidence of compliance with or satisfaction of any obligation of Developer to any holder of a mortgage, or any insurer of a mortgage, securing money loaned to finance construction work on the Parcel, or any part thereof. Nothing contained herein shall modify in any way any other provision of the Transfer Agreement and nothing herein shall constitute a release of any other agreement between City and Developer. 3. This Release is not a notice of completion as referred to in Section 3093 of the California Civil Code. IN WITNESS WHEREOF, City has executed this Release as of the date set forth above. "CITY" CITY OF CHINO HILLS, a public body By: W. C. "Bill" Kruger Its: MAYOR ATTEST: Mary M. McDuffee City Clerk CONSENT TO RECORDATION On Behalf of POMONA VALLEY HABITAT FOR HUMANITY, a California nonprofit corporation, I hereby consent to the recordation of this Release of Construction Covenants against the Property described herein. Dated: Or.74.4.2e.V ,99 /V0/(7 POMONA VALLEY HABITAT FOR HUMANITY • By: f mels -/O. Its: L:'1 ! ! ✓. .ri By: rjed-cr ih-tp.ti a-' Its: S/eS/dn,2 L, / Ce-Z> State of California ) County of Los Angeles ) On before me, (here insert name and title of the officer), personally appeared 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 (Seal) State of California ) County of Los Angeles ) On before me, (here insert name and title of the officer), personally appeared 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 (Seal) EXHIBIT "A" RELEASE OF CONSTRUCTION COVENANTS LEGAL DESCRIPTION OF SITE That certain property located in the City of Chino Hills, County of San Bernardino, State of California, described as follows: LOT 24, BLOCK "H", OF TRACT NO. 2562, IN THE CITY OF CHINO HILLS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 36, PAGE 64 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT . r•'.v; aha State of California p County of Los Avvie,\e5 ` t /� On 1010-5110 before me, Aw /U 'oVt 1 1 t1 , o� f,biIC Date Here Insert Name end Title of the Officer,J personally appeared (94bdn A avva ,o&U 'E leen G'Wtedger Name(s)of Signer(s) 4 who proved to me on the basis of satisfactory evidence to be the person(s) whose names)-ie rm ubscribed to the within instrument and acknowledged to me that helshee executed the same in hisfher/!rffii:uthorized capacity(ies), and that by hisAier tbsignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. AARON THOMPSON 44,41804),;.,k Commission # 1899314 ,, `; �r Notary I certify under PENALTY OF PERJURY under the laws Publicngel -CaliforniaCounornia z Los Angeles County ' of the State of California that the foregoing paragraph is My Comm.Expires Aug 13,2014 true and correct. WITNESS my hand and official seal. Signature Place Notary Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document (r / •_r Title or Type of Document: ReJecise CSL" CO✓ISlins ."t bA CoVenonls Document Date: IO I -7I(6 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual 0 Individual ❑ Corporate Officer—Title(s): 0 Corporate Officer—Title(s): ❑ Partner—0 Limited 0 General • _r ❑ Partner—0 Limited 0 General ❑ Attorney in Fact OFSIGNER 0 Attorney in Fact of StSER :. O Trustee Top of thumb here 0 Trustee Top of thumb here O Guardian or Conservator 0 Guardian or Conservator ❑ Other: 0 Other: Signer Is Representing: Signer Is Representing: • some u a ..,. �,uo w � sae w xwrow,av ;�o.$.u,4ow t<A,-e.”- o ,amu or:w.n: 02007 National Notary Associavon•9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402•www.NationalNotaryorg Item 45907 Reorder:Call Toll-Free 1-800-876-6827