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<br />Declaration of Restrictive Covenants <br />Homekey Program (Round 3) <br />NOFA: 3/29/2023 <br />Owner: City of San Leandro and Housing Consortium of the East Bay <br />Project: 555 Lewelling <br />Approved Date: July 8, 2024 <br />Prep: October 1, 2024 <br />Page 4 of 13 <br /> <br />a. To keep the Property in decent, safe, sanitary, tenantable condition <br />and repair, and to permit no waste thereof; <br /> <br />b. Not to commit or suffer to be done or exist on or about the Property <br />any condition causing the Property to become less valuable, except <br />in accordance with these Covenants; <br /> <br />c. Not to construct any buildings or improvements on the Property, <br />other than the buildings and improvements contemplated as part of <br />the Interim Housing; or add to, remove, demolish or structurally alter <br />any buildings or improvements now or hereinafter located on the <br />Property; <br /> <br />d. To promptly repair, restore or rebuild any buildings or improvements <br />on the Property that may be damaged or destroyed while subject to <br />this Declaration; <br /> <br />e. To comply with all applicable laws affecting the Property, and not to <br />suffer or permit any violations of any such applicable law, nor of any <br />covenant, condition or restriction affecting the Property; <br /> <br />f. Not to initiate or acquiesce in any change in any zoning or other land <br />use or legal classification which affects any of the Property without <br />the Department's prior written consent; and <br /> <br />g. Not to alter the use of all or any part of the Property without the <br />Department’s prior written consent. <br /> <br />3. Restrictions on Sale, Encumbrance, and Other Acts. <br /> <br />a. Owner shall not, except for the Ground Lease, and except with the <br />Department’s prior written consent, make any sale, encumbrance, <br />hypothecation, assignment, refinancing, pledge, conveyance, or <br />transfer of the Property, the Interim Housing, or of any of its interest <br />in either of them. <br /> <br />b. If the Department determines, in its sole and absolute discretion, to <br />grant its prior written consent for a sale, transfer or conveyance of <br />the Property or the Interim Housing, such consent may impose terms <br />and conditions, as necessary, to preserve or establish the fiscal <br />integrity of the Property or the Interim Housing, or to ensure <br />compliance with the Program Requirements. <br />Docusign Envelope ID: 917058E9-A7D0-495A-B516-E1C59F7309B8