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D. This agreement is in accordance with Resolution No. 2008-023 RDA passed by the
<br /> Members of the Redevelopment Agency for the City of San Leandro on 9/28/2008.
<br /> NOW, THEREFORE,the Parties intend to, and do hereby, establish certain reciprocal
<br /> easements, covenants and conditions with respect to the Parcels and the Property as follows:
<br /> 1. Definitions.
<br /> "Environmental Laws"means any and all present and future federal, state, and local laws
<br /> (whether under common law, statute,rule,regulation or otherwise), regulations, rules,
<br /> guidelines, and ordinances relating to human health, safety,pollution,and protection of the
<br /> indoor or outdoor environment or otherwise relating to the presence,manufacture,processing,
<br /> distribution,use,treatment, storage, release,transport, handling,record keeping,notification,
<br /> disclosure, and reporting requirements of and relating to Hazardous Substances, including,
<br /> without limitation,the Comprehensive Environmental Response Compensation and Liability
<br /> Act,the Resource Conservation and Recovery Act, the Clean Water Act,the Clean Air Act,and
<br /> the Occupational Safety and Health Act, each as may be amended from time to time.
<br /> "Garage" is defined in Recital A.
<br /> "Hazardous Substance"means hazardous wastes, hazardous chemicals, flammable or
<br /> explosive materials,biological and medical waste,radioactive materials,toxic materials or
<br /> related materials(whether potentially injurious to persons or property and whether potentially
<br /> injurious by themselves or in combination with other materials), including,but not limited to,
<br /> any waste, chemical, substance or material now or hereafter determined by any federal, state or
<br /> local governmental agency or authority having jurisdiction to be hazardous to human health or
<br /> the environment or which is or becomes regulated by such agency or authority(including,but
<br /> not limited to,those materials listed in the United States Department of Transportation
<br /> Hazardous Materials Table as amended from time to time and gasoline, other petroleum based
<br /> products and any fractions thereof), which are released to the environment, including,without
<br /> limitation,the soil, groundwater and/or air, at,under or above the Property or any part thereof or
<br /> the structures located thereon.
<br /> "Laws"means all laws, statutes,ordinances, codes, rules, and regulations of local, state,
<br /> and federal governmental authorities, including those relating to public health and safety,access
<br /> for persons with disability, fire safety, and building codes, and further including Environmental
<br /> Laws.
<br /> "Lessee"means any lessee, sublessee or occupant of any building space within the
<br /> Property, or any ground lessee, sublessee or occupant of any land within the Property.
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