1st Amendment to Nimitz Ground Lease(20117139.1)_r

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Declaration of Restrictive Covenants Homekey Program (Round 3) NOFA: 3/29/2023 Owner: City of San Leandro and Housing Consortium of the East Bay Project: 555 Lewelling Approved Date: July 8, 2024 Prep: October 1, 2024 Page 3 of 13 inherently impacted by or at increased risk for medical diseases or conditions due to the COVID-19 pandemic or other communicable diseases and individuals and families who are “Fleeing, or Attempting to Flee, Domestic Violence, Dating Violence, Sexual Assault, Stalking, or Human Trafficking” and “Other Populations” as defined in HUD Community Planning and Development (CPD) Notice 21-10 (the “Target Population”). For purposes of this Declaration, “Interim Housing” is defined in accordance with the NOFA and means any facility that is primarily intended to provide temporary shelter or lodging for the Target Population, and that does not require occupants to sign leases or occupancy agreements. 9. As consideration for the Homekey Program Grant, the Owner agreed to enter into this Declaration to restrict the development, use and occupancy of the Property to the continued and lawful operation of the Interim Housing thereon. 10. The term “Owner” as used in this Declaration shall include all successors, assigns and transferees to or of any or all of the Owner’s interest in the Property and the Interim Housing. NOW, THEREFORE, in consideration of the Department’s Grant to the Grantee and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Owner hereby covenants, agrees and declares that the Property shall be owned, held, used, maintained, and transferred pursuant to the following restrictive covenants, conditions, restrictions, and limitations (“Covenants”). Such Covenants shall be binding upon all of Owner’s successors, assigns and transferees to or of the Property, and upon all lessees, tenants, contractors, agents, and persons claiming an interest in the Property, or claiming an interest by and through any of the foregoing. COVENANTS 1. Operation of Interim Housing. Owner, for itself and for its successors and assigns, hereby declares and covenants that use of the Property is restricted to the operation of the Interim Housing, to uses ancillary to such Interim Housing, and to such other uses as may be approved by the Department in its sole and absolute discretion. The Interim Housing shall include, at a minimum, the number and size of units that are described in Exhibit B, which is attached hereto and incorporated by this reference. Furthermore, such units shall be subject to the occupancy restrictions that are set forth and more fully described in said Exhibit B. 2. Maintenance, Repair, and Improvement of the Property and the Interim Housing. Owner agrees: Docusign Envelope ID: 917058E9-A7D0-495A-B516-E1C59F7309B8