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z2005 Senior Affordable Housing Corp - Release of Construction Covenants (Rev. 9/12/2005)PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: JUNE S. GREEK, City Clerk AND WHEN RECORDED MAIL TO: CITY OF LA QUINTA Attn: June Greek P. 0. Box 1504 La Quinta, CA 92247-1504 DOC " 2005-0504697 06/24/2005 08:00A Fee:11.00 Page 1 of 6 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder I 111111111,1111111111111111111111111111111111111111111 M S U PAGE SIZE DA PCOR NOCOR SMF MISC. I. 1� A R COPY LONG REFUND NCHG EXAM RELEASE OF CONSTRUCTION COVENANTS Senior Affordable Housing Corp. No. 3 Hadley Villas Title of Document THIS AREA FOR RECORDER'S USE ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION 0 a RECORDED AT THE REQUEST OF AND WHEN RECORDED RETURN TO: LA QUINTA REDEVELOPMENT AGENCY 78495 Calle Tampico La Quinta, California 92253 Attn: Executive Director (SPACE ABOVE THIS LINE FOR RECORDER'S USE) This Release of Construction Covenants is recorded at the request and for the benefit of the La Quinta Redevelopment Agency and is exempt from the payment of a recording fee pursuant to Government Code Section 6103. RELEASE OF CONSTRUCTION COVENANTS WHEREAS, SENIOR AFFORDABLE HOUSING CORP. NO. 3, a California nonprofit public benefit corporation ("Developer"), is the owner in fee of that certain real property more particularly described in the legal description attached hereto as Exhibit "A" (the "Property"); and WHEREAS, by a Disposition and Development Agreement (the "Agreement") dated -October 15 , 2002, by and between Developer and the La Quinta Redevelopment Agency, a public body, corporate and politic ("Agency"), Developer has developed the Property according to the terms and conditions of said Agreement; and WHEREAS, pursuant to Section 306 of the Agreement, promptly after completion of all construction work to. be completed by Developer on the Property, Agency shall furnish Developer with a Release of Construction Covenants upon written request therefor by Developer, and WHEREAS, the issuance by Agency of this Release of Construction Covenants shall be conclusive evidence that Developer has complied with the terms of the Agreement pertaining to the development of the Property; and WHEREAS, Developer has requested that Agency furnish Developer with this Release of Construction Covenants; and WHEREAS, Agency has determined that the development of the Property has been satisfactorily completed as required by the Agreement. 538/015610-0047 247806.06 PM02 NOW, TIEREFORE: 1. As provided in the Agreement, Agency does hereby certify that development of the Property has been fully and satisfactorily performed and completed, and that such development is in full compliance with said Agreement. 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 Property, or any part thereof. Nothing contained herein shall modify in any way any other provision of said Agreement. 3. This Release of Construction Covenants shall not constitute evidence of Developer's compliance with those covenants in the Agreement that survive the issuance of this Release of Construction Covenants, or of the covenants in the Regulatory Agreement and Declaration of Covenants and Restrictions recorded on August 1 , 2004 as Instrument No. 2003-627956 in the Official Records of Riverside County. 4. This Release of Construction Covenants is not a Notice of Completion as referred to in California Civil Code Section 3093. IN WITNESS WHEREOF, Agency has executed this Release of Construction Covenants as of this Y' day of , 2005 LA QUINTA REDEVELOPMENT AGENCY, a pub ' ody orporate7and�politi By:' Its: CONSENT TO RECORDATION On behalf of SENIOR AFFORDABLE HOUSING CORP. NO. 3, a California nonprofit public benefit corporation, I hereby consent to the recordation of this Release of Construction Covenants against the Property described herein. Dated: 6• Qa. 0,5 a Its: H ,,USING CORP. NO. zblic benefit corporation V� $38/015610-0047 y� 247806.06 PM02 -2- EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY That certain property located in the City of La Quinta, County of Riverside, State of California, described as follows: LOT 285 OF TRACT NO. 24230, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 214, PAGE(S) 69 THROUGH 82, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 538/015610-M7 247906.06 PM02 eL--, STATE OF CALIFORNIA COUNTY OF LOS ANGELES } ss. ) On June 2, 2 0 0 5 , before me, Linda Wreede , personally appeared Benjamin F . Beckler . personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name(s) is/ subscribed to the within instrument and acknowledged to me that he/swwy executed the same in his*/tWr authorized capacity(i , and that by hisAVr/tbWr signature(A) on the instrument the personoo or the entity upon behalf of which the personM acted, executed the instrument. Witness my hand and official seal. i Lit. �i'1 C'�' L-�� No lic [SEAL) LINDA WREEDE 41 Commission #1 1521900 Notary KAft - CaNtomia Los An"Im County My Comm. Ex0a Oct 24. 20 STATE OF CALIFORNIA ) LOS ANGELES ) ss. COUNTY OF ) On June 2, 2005 , before me, Linda Wreede personally appeared S a I l y Little personally known to me (or 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 11�/she/th* executed the same in **/her/tWr authorized capacity(ks), and that by */hedthWr signature(h) on the instrument the person(lo or the entity upon behalf of which the person(,) acted, executed the instrument. [SEAL] Witness my hand and official seal. UNDA WREEDE Commluton # 1521900 Nokwy Public - C0111bow LOS Angeles County 'COMM. Expkes Oct 24. 20 1 Notary Pu lic 5-IMIS610.0047 247M.06 PM02 -3- `Z✓ STATE OF CALIFORNIA 1 COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) On June 8, 2005 , before me, Regenia Hensley, Notary Public, personally appeared THOMAS P. GENOVESE personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal RE NIA HENSLEY Notary Public Commission # 1521423 Expiration: October 23, 2008 (Seal) Type of Document: Release of Construction Covenants Company: Senior Affordable Housing Corp #3 Hadley Villas