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DSCC-57520\2494968.2 1 September 17, 2021 <br />DAVIS STREET <br />DECLARATION OF RESTRICTIONS (CC&Rs) <br />THIS DECLARATION OF RESTRICTIONS (CC&Rs) is executed by THE DAVIS STREET <br />COMMUNITY CENTER INCORPORATED, a California corporation, and DS REAL PROPERTY <br />INVESTORS LLC, a California limited liability company (collectively, “Declarant”) with reference to the <br />following facts: <br />A. Declarant is establishing a commercial condominium development consisting of <br />one community center condominium and one cannabis dispensary condominium <br />located on certain real property in San Leandro, California, more particularly <br />described as Lot ___ on the subdivision map entitled “__________” filed in the <br />records of Alameda County, California, on __________, 20__, in Book _____ of <br />Maps at pages __________. The Units are more particularly described as “Unit 1,” <br />and “Unit 2” on the Condominium Plan filed on __________, 20__, as Document <br />No. _______________ in the records of Alameda County, California (the <br />“Development”). <br />B. Declarant desires to impose certain restrictions on the condominiums in the <br />Development that will benefit and bind each condominium, and each owner and <br />successive owner thereto, as covenants running with the land and equitable <br />servitudes, to grant and describe certain easements that will be appurtenant to the <br />condominiums, and to establish a condominium project within the meaning of Civil <br />Code section 6542. <br />DECLARANT DECLARES AS FOLLOWS: <br />ARTICLE 1 <br />Definitions <br />Unless the context indicates otherwise, the following terms shall have the following definitions: <br />1.1 Applicable Laws. All federal, state and local laws, statutes, acts, ordinances, rules, <br />regulations, permits, licenses and requirements of all governmental authorities (including any agency, <br />authority, Association, branch, division, department or similar unit of any federal, state, county, district or <br />other governmental entity having jurisdiction over the Development) that now or hereafter during the term <br />of this Declaration may be applicable to a commercial common interest development. <br />1.2 Approval by the Owners. The approval by the Owners of both Condominiums. Any <br />approval given by any one Owner of a Condominium shall conclusively be presumed to be approval by all <br />of the Owners of that Condominium. Any action involving “Approval by the Owners” as defined herein shall <br />also include “Approved by the Owners,” and shall conclusively be presumed to an action approved by the <br />Association. <br />1.3 Articles. The Articles of Association of the Association and any amendments thereto. <br />1.4 Association. The Davis Street Owners Association, an unincorporated association, the <br />members of which are the Owners of the Condominiums. <br />1.5 Bylaws. The Bylaws of the Association and any amendments thereto. <br />1.6 City. The City of San Leandro, California.