Declaration of Covenants and Restrictions: Exhibit E

WHEREAS, on March 3, 1983, Alta Bates Hospital entered into an Agreement with certain neighborhood associations ("Agreement") which required the Hospital to execute and record a Declaration of Covenants and Restrictions ("Declaration") in a form agreed upon, if and when the neighborhood associations performed certain specified agreements, the City of Berkeley took certain specified actions on applications by the Hospital then pending before it, and a specified period of time had elapsed after those actions had been taken by the City of Berkeley, provided that no litigation was pending at the ex-piration of that time period concerning the City's actions; and

WHEREAS, the neighborhood associations have performed their agreements in the time and manner agreed to, the City of Berkeley has taken the specified actions on the Hospital's applications, the specified period of time will have elapsed on May 12, 1983, and Hospital is aware of no litigation presently pending concerning the City's actions.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF ALTA BATES HOSPITAL that the Declaration of Covenants and Restrictions, in the form attached, is hereby approved; and

BE IT FURTHER RESOLVED that the President of the Board of Trustees is authorized and directed to sign the original of the Declaration and to file it for recordation with the Alameda County Recorder, in accordance with the Agreement, on May 12, 1983 provided that no litigation has been commenced by that date challenging the City's actions and resulting in an order delaying or prohibiting construction of the Hospital's project.

PASSED AND ADOPTED this 2nd day of May, 1983, by the Board of Trustees of Alta Bates Hospital.

                           _________________________
                           President
                           Board of Trustees

• 1983 Agreement & Declaration: TOC
• Agreement
  • Exhibit 1: Description of Benefitted Estate
  • Exhibit 2: Conditions to be Imposed by the City of Berkeley on Alta Bates Hospital Variance/Use Permit Amendment
  • Exhibit 3 / Declaration of Covenants and Restrictions
    • Exhibit A: Sites Definitions
    • Exhibit B: Maps - Division of Areas A and B / Area B
    • Exhibit C: Description of Benefitted Estate
    • Exhibit D: Map - Proposed Closure of South Hospital Drive & Colby Streets

Last update: May 12, 1997.