RecDoc 2017-043621 Declaration of Restrictive Covenant

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Methods of Construction. E. The City has required Declarant to enter into this Declaration for the benefit of the City and the owners of 2065 Broadway Street and 837 Jefferson Avenue as a condition of approval of the Alternative Materials and Methods of Construction. AGREEMENT NOW THEREFORE, for consideration, receipt of which is acknowledged, Declarant agrees as follows: 1. Declarant shall remove the second, third and fourth story Openings facing 2065 Broadway Street in the event both conditions are satisfied: (1) the City receives a building permit application to either add additional stories to the current one story building located on 2065 Broadway Street or construct a new multiple story building on 2065 Broadway Street (alternatively, the "2065 Broadway Street Building Permit"); and (2) the current California Building Code would otherwise prohibit issuance of the 2065 Broadway Street Building Permit if Declarant did not remove those second, third and fourth story Openings facing 2065 Broadway Street. 2. Declarant shall remove the first and second story Openings facing 837 Jefferson Avenue in the event both conditions are satisfied: (1) the City receives a building permit application to either add additional stories to the current one story building located on 837 Jefferson Avenue or construct a new multiple story building on 837 Jefferson Avenue (alternatively, the "837 Jefferson Avenue Building Permit"); and (2) the current California Building Code would otherwise prohibit issuance of the 837 Jefferson Avenue Building Permit if Declarant did not remove the first and second story Openings facing 2065 Broadway Street. 3. Any removal of the Openings required pursuant to Sections 1 or 2 shall occur within twelve (12) months of Declarant's receipt of prior written notice that removal of the Openings is required pursuant to this Declaration, or any such later date as set forth in the notice, and such removals shall be in compliance with the then current California Building Code, including fire safety ratings, at the time of such removals. The notice required by this section shall be by certified mail to Lane Partners, LLC, 644 Menlo Avenue, Suite 204, Menlo Park CA 94025. 4. This Declaration shall run with the Property and shall inure to the benefit of the City and the owners of 2065 Broadway Street and 837 Jefferson Avenue, and shall bind the Declarant and its successors and assigns.