Chateau Cupertino - Covenant to develop 169 unit Senior living facilityF1
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Cupertino, 'CA 91'.`0014 NO FEE
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9691+015
K 53 4PAGE1159
FILED FOR REUU U
AT REQUEST OF �<r
CVIPER`iiP9O-
Ii 17 PH '88
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No Fr --z- IN ACsr !DANCCOUNTY
WITH GOV CODE 6103, COVENANT LAURI r;'ANE
RECCRIDER
THIS AGREEMENT TOE CUMBER by restricting occupancy is made and
entered into this Day of t-J� i , 1987,
by Torre Avenue Properties, a general par qnership, (hereinafter
referred to as the "Developer"), and the City of Cupertino, a
municipal corporation of the State of California, (hereinafter
referred to as the "City").
A. WHEREAS, developer owns that certain real property located
in the City of Cupertino, County of Santa Clara, State of California,
more particularly described as:
All of the certain real property situated in the City of
Cupertino, County of Santa Clara, State of California, described
as follows: Bein all of Parcel 2 as shown on the Parcel Map
recorded on in Book 57— of Maps, at
Pages Santa Clara County records.
B. WHEREAS, Developer is developing a one hundred sixty-nine (169)
unit elderly congregate care facility upon the Property to be known
as Chateau Cupertino, (hereinafter referred to as the "Project");
C. WHEREAS, City has required that, as a condition for its
approval of the Project, Developer covenant to rent no less than
80% of the units to persons who intend to occupy such units with
people that at least one such occupants is at least Sixty (60)
years of age;
Now, THEREFORE, in furtherance of the foregoing recitals, Developer
and City agree as follows:
1) The City hereby consents to the issuance of a building permit
for the Project.
2) The Developer shall rent no less than 80% of the units to
persons who intend to have the units occupied by a resident, of which
one person is at least 60 years of age.
3) Developer may rely on the signed statement by the lessee that
the unit will be properly occupied. The Developer shall maintain a
record of the ages and the names of the residents of each rental unit.
The City shall have the right to inspect said record, upon reasonable
notice to the Developer, to insure that the Developer is complying
with the occupancy age restriction.
K 534?�GEIIGO
4) Developer reserves the right to impose additional restrictions,
including higher minimum age requirements, and City agrees that such
restrictions shall not be affected by this Covenant.
5) This Agreement shall be recorded in the Office of the County
Recorder for the County of Santa Clara. Said Agreement and covenant
shall run with the land and be binding upon the Developer and every
person who now or hereafter owns or acquires any right, title, or
interest in or to any portion of the Project.
6) The parties hereto acknowledge that this Agreement may be
amended modified or terminated upon a majority vote of a quorum of
the City Council of Cupertino and that such vote may occur without
public notice.
7) The parties hereto acknowledge and agree that this Agreement
shall terminate upon the finding by any court of law that this
Agreement is illegal for any reason including, but not limited to,
a determination that this Covenant violates any State or Federal Law
and/or Statute on the State or Federal Constitution.
8) The Parties hereto acknowledge and agree that this Agreement
may be terminated or amended by the filing of an amendment or
declaration by the Secretary of the Federal Department of Housing
and Urban Renewal of the United States of America, and this declaration
shall be subordinate to the security interest of any Deed of Trust
recorded against the Project.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
on the day and year first written above.
"DEVELOPER"
Torre Avenue Properties
By
Its
STATE OF CALIFORNIA
ss.
COUNTY OF SANTA CLARA
Januar 16 1987 ..... before me, the undersigned, a Nota Public in and for said County and State, personally
On ............
January y ....'...... 7 9 Notary tY P Y
John Vidovich, General Partner
appeared.................................................................................................................
........................................................................................................................
........................................................................................................................
known to me or proved to me on the basis of satisfactory evidence to be one of the partners of the partnership that executed the within instrument
and acknowledged to me that such partnership executed same.
WITNESS my hand and Official Seal.
Vickie J. r 4 Cook Notary
ACKNOWLEDGMENT -PARTNERSHIP
VTC -1 3 0
OFFICIAL SEAL'
VICKIE J. LAPP -COOL:
NOTARY PUBLIC -CALIFORNIA
q; SANTA CLARA COUNTY
MyCommissionExpires Jan. 8, 1990
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K534PAGEIIGO
4) Developer reserves the right to impose additional restrictions,
including higher minimum age requirements, and City agrees that such
restrictions shall not be affected by this Covenant.
5) This Agreement shall be recorded in the Office of the County
Recorder for the County of Santa Clara. Said Agreement and covenant
shall run with the land and be binding upon the Developer and every
person who now or hereafter owns or acquires any right, title, or
interest in or to any portion of the Project.
6) The parties hereto acknowledge that this Agreement may be
amended modified or terminated upon a majority vote of a quorum of
the City Council of Cupertino and that such vote may occur without
public notice.
7) The parties hereto acknowledge and agree that this Agreement
shall terminate upon the finding by any court of law that this
Agreement is illegal for any reason including, but not limited to,
a determination that this Covenant violates any State or Federal Law
and/or Statute on the State or Federal Constitution.
8) The Parties hereto acknowledge and agree that this Agreement
may be terminated or amended by the filing of an amendment or
declaration by the Secretary of the Federal Department of Housing
and Urban Renewal of the United States of America, and this declaration
shall be subordinate to the security interest of any Deed of Trust
recorded against the Project.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
on the day and year first written above.
"DEVELOPER"
Torre Avenue Properties
By
Its (,-eJ\r>-CJ— {'CA 'A
STATE OF CALIFORNIA
ss.
COUNTY OF SANTA CLARA
January 16, 1987 ... before me, the undersigned, a Notary Public in and for said County and State, personally
On........... 9 y
appeared.............4.o.Vi..dovich..,..G.eneral..:..Partn....er
...............:...............................................................
.................................................. .......... :...........................................................
.................................... ...................................................................... I.............
known to me or proved to me on the basis of satisfactory evidence to be one of the partners of the partnership that executed the within instrument
and acknowledged to me that such partnership executed same.
WITNESS my hand and Official Seal.
Vickie J. h, Cook Notary
ACKNOWLEDGMENT—PARTNERSHIP
VTC -13 0
M�GMGY*.�MOFFICIAL EAL�MG
�3 VICKIE J. LAPP -COOK
NOTARY PUBLIC - CALIFORNIA .
`o SANTA CLARA COUNTY JJ
My Commission Expires Jan. 8, 1990 Z�
� G)QG.