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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 8 of 13 <br />shall the Department’s exercise or non-exercise of its discretion <br />under this paragraph constitute, or be deemed or interpreted as <br />constituting, any termination, limitation, alteration, or waiver by the <br />Department of any right, benefit, or remedy under or with respect to <br />this Declaration. <br /> <br />13. Owner Representations. Owner represents and warrants to the <br />Department that: (1) Owner has sufficient interest in the Property to support the <br />operation of the Interim Housing in accordance with the Program Requirements <br />and this Declaration; (2) to Owner’s actual knowledge and belief, there are no <br />agreements, contracts, covenants, conditions, or exclusions to which Owner (or its <br />predecessor in interest) is a party which would, if enforced, prohibit or restrict the <br />use of the Property in accordance with the terms of this Declaration; (3) Owner has <br />the full right and authority to enter into this Declaration; (4) this Declaration <br />constitutes a valid and legally binding obligation on Owner, enforceable in <br />accordance with its terms; and (5) Owner is duly organized as a municipal <br />corporation and authorized to act as a city in the State of California. <br /> <br />14. Amendment, Modification. Owner shall not amend, modify, waive, or <br />release this Declaration, or any part of this Declaration, without the prior and <br />express written consent of an authorized representative of the Department, which <br />consent may be withheld, conditioned, or delayed in the Department’s sole and <br />absolute discretion. Any amendment, modification, waiver, or release without the <br />prior and express written consent of the Department shall be void. <br /> <br />15. Severability. Every provision of this Declaration is intended to be <br />severable. If any provision of this Declaration is held invalid, illegal, or <br />unenforceable by a court of competent jurisdiction, the validity, legality, and <br />enforceability of the remaining provisions shall not be affected or impaired. <br /> <br />16. Governing Law. This Declaration shall be governed by and interpreted <br />under the laws of the State of California. <br /> <br />17. Recordation of Agreement. This Declaration shall be recorded in the <br />Official Records of the County of Alameda. The Declaration shall be recorded, and <br />shall remain, as a lien against the Property in first position over all other <br />agreements, covenants, liens, or other matters of record on the Property. <br /> <br /> <br /> <br /> <br />[signature page follows] <br /> <br />Docusign Envelope ID: 917058E9-A7D0-495A-B516-E1C59F7309B8