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, RECORDING REQUESTED BY: r`,/�j41.4 2013390782 12/24/2013 09;22 AM CITY OF SAN LEANDRO 1 � OFFICIAL RECORDS OF ALAMEDA COUNTY COMMUNITY DEVELOPMENT DEPT. ✓ • PATRICK O'CONNELL C1,,;09,0* RECORDING FEE: 31 .00 When Recorded Mail To: City Clerk III III II I I II III I I I II 3 PGS ,1'L3 City of San Leandro 835 E. 14th Street San Leandro, CA 94577 This space reserved for recorder's office DECLARATION OF RESTRICTIVE USE COVENANT AFFECTING REAL PROPERTY 380 Broadmoor Boulevard, Assessor's Parcel Number 76-284-17 We, CM-NC Investments LLC and East Bay Properties LLC, hereby place a restrictive covenant on the property ("Property") described below, which restricts the use of the Property for a • specific land use activity. The land use restrictive covenant placed on the Property shall run with the Property and thus impose restrictions on all future owners and tenants unless a Notice of Release is executed and recorded by the City of San Leandro. CONDITIONS OF USE OF STRUCTURES NOW THEREFORE, in consideration of the mutual benefits, promises and agreements set out herein, the parties agree as follows: • I. The parties hereto agree that execution of this Declaration by Owner and City entitles owner to create a "fitness room", with no closet, on the first floor of the residence adjacent to the existing laundry room and garage, as indicated on Building Permit/Plan check No. BLD20 1 3-00 1 709. 2. Owner agrees that the residence shall remain has having only four bedrooms and that the described new fitness room shall not be used as a fifth bedroom, and further that the existing residence continues to be used as one single dwelling unit, unless and until it and the property meet all residential requirements for a five-bedroom residence and/or • secondary dwelling units including but not limited to additional parking, setback, access and applicable Building Code provisions. 3. Owner agrees to allow the city, at any reasonable time and upon reasonable notice, to inspect the premises for compliance with this agreement. l4- The use of said property contrary to these special restrictions shall constitute a violation of the Zoning Code, and no release, modification or elimination of these restrictions shall be valid unless notice thereof is recorded on the Land Records by the Zoning Enforcement Official of the City of San Leandro, except that in the event that the zoning standards are modified so as to be less restrictive and the uses herein restricted are thereby permitted and in conformity with the provisions of the Zoning Code; this document would no longer be in effect and would be null and void.