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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 7 of 13 <br />rights may be enforced by an action for specific performance and such other <br />equitable relief as is provided by the laws of the State of California. <br /> <br />b. Injunctive Relief. In pursuing specific performance of the <br />Covenants, the Department shall be entitled to petition the court for injunctive relief <br />to preserve the Department’s interests in the Property and its rights under this <br />Declaration. Such injunctive relief may include a court order restraining any <br />development of the Property that is inconsistent with the foregoing Covenants. <br /> <br />c. Appointment of Receiver. In conjunction with any other remedy <br />available at law or in equity, the Department may apply to a court of competent <br />jurisdiction for the appointment of a receiver to take over and operate the Property <br />or the Interim Housing in accordance with the Program Requirements. <br /> <br />11. Attorneys’ Fees. The prevailing party in an action to enforce this <br />Declaration shall be entitled to reasonable attorneys’ fees as determined by the <br />trier of fact in that forum. <br /> <br />12. Department Review and Inspection. <br /> <br />a. At any time during the term of this Declaration and upon reasonable <br />notice, the Department or its designee may, but is not obligated to, <br />enter and inspect the Property, and inspect all records pertaining to <br />the operation, repair, and maintenance of the Interim Housing. Upon <br />request by the Department, the Owner shall notify occupants of <br />upcoming inspections in accordance with state law. <br /> <br />b. The Department may, but is not obligated to, request any other <br />information that it deems necessary to confirm compliance with the <br />foregoing Covenants. The Owner shall provide such requested <br />information within fourteen (14) calendar days of the Department’s <br />written request for the information. <br /> <br />c. The Department shall not, by the fact of making or not making any <br />entries or inspections, or by taking or failing to take any action in <br />response thereto: (i) incur or undertake, or be deemed to incur or <br />undertake, any obligation, duty, or liability whatsoever, whether to <br />the Owner, to the Grantee, or to any other person or entity; (ii) be <br />deemed as approving or disapproving any matter, action, incident, or <br />condition related to the Property or the Interim Housing; or (iii) be <br />deemed as approving or disapproving any matter related to the <br />compliance of the Property or the Interim Housing with the Program <br />Requirements or other applicable laws. In no event or circumstance <br />Docusign Envelope ID: 917058E9-A7D0-495A-B516-E1C59F7309B8