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<br />spaces as set forth in the San Leandro Zoning Code, provided however, Lessee shall at all times lease a <br />minimum of one hundred and eight (108) parking spaces. <br /> <br />The City may oversubscribe the unreserved parking spaces in the Estudillo Garage. In the event <br />an unreserved Leased Parking Space is unavailable in the Estudillo Garage, Lessee, or any third party <br />authorized by Lessee to park in the Leased Parking Spaces, may park in the Hyde Street Parking Lot, as <br />available. <br /> <br />3.2 Garaqe Renovation and/or Expansion. City may, in its sole discretion, retrofit, renovate <br />and/or expand the Estudillo Garage during the term of this Agreement ("Estudillo Garage Expansion"). <br />During the period of demolition and construction, City will not be required to provide the parking spaces <br />required under this Agreement. Lessee shall be responsible for securing alternate adequate parking <br />throughout the entire period of demolition and construction of the Estudillo Garage Expansion. <br /> <br />3.3 Parkinq Requirement Followinq Estudillo Garaqe Expansion. City shall notify Lessee, in <br />writing, upon the completion of the Estudillo Garage Expansion. Within thirty (30) days of receipt of notice <br />of completion of the Estudillo Garage Expansion, Lessee shall lease from City the Required Spaces. City <br />shall have the discretion to provide the Required Parking Spaces in either the Estudillo Garage or the Hyde <br />Street Parking Lot. <br /> <br />3.4 Parkinq Fees Followinq Estudillo Garaqe Expansion. Notwithstanding Section 2.4, upon <br />completion of the Estudillo Garage, the City shall have the right to adjust the Parking Fees. The Parking <br />Fees charged by the City shall not exceed the monthly parking fee charged to other users of the garage. <br /> <br />4. USES; RIGHTS; ALTERATIONS. <br /> <br />4.1 Use of Premises. Lessee shall permit City the temporary use of the Leased Parking <br />Spaces for circumstances which may include, but may not necessarily be limited to: a) general <br />maintenance of parking garage; b) structural studie~; and c) design studies. <br /> <br />4.2 Use of Leased Parkinq Spaces. Lessee shall use the Leased Parking Spaces in a safe, <br />clean, and sanitary manner. Lessee shall obtain all necessary govemmental entitlements in order to sub- <br />lease the Leased Parking Spaces and shall abide by any conditions of use imposed by any governmental <br />agency with jurisdiction. City assumes no liability or duty to Lessee or any third party for any damage or <br />injury which may result from the use of the Leased Parking Spaces under this Agreement. <br /> <br />4.3 Other Riqhts. All oil, gas, geothermal and mineral rights are expressly reserved by the <br /> <br />City. <br /> <br />4.4 Hazardous Materials. Lessee shall not cause or permit any hazardous materials to be <br />brought upon, kept or used in or about the premises by Lessee, its agents, employees, contractors, or <br />invitees. <br /> <br />5. IMPROVEMENTS <br /> <br />5.1 Notice of Intent to Demolish or Construct. City shall notify Lessee of City's intent to <br />commence demolition, construction, or other work of improvement, at least one hundred twenty (120) days <br /> <br />926090-4 <br /> <br />3 <br /> <br />EstudHlo Garage Parking Agreement <br />