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"Losses"means,collectively, claims, demands, actions, suits,proceedings, losses, <br /> liabilities, damages,judgments, costs, and expenses, including reasonable attorneys' fees and <br /> costs. <br /> "Map"is defined in Recital B. <br /> "Owner"means the party that from time to time is the fee simple owner of a Parcel. <br /> "Parcel" is defined in Recital B. <br /> "Parcel Users"means any Owner and its Lessee's and their respective principals, <br /> employees, agents,representatives, contractors and invitees and the Owner's successors and <br /> assigns. <br /> "Property"is defined in Recital A. <br /> "Release"means a release of any Hazardous Substance in, on, under or about the <br /> Property in violation of any Environmental Law. <br /> "Utility Facilities" is defined in Section 3.3. <br /> "Violation"means any violation of Environmental Laws. <br /> 2. Development,Use,and Operations. <br /> 2.1 Development. City, at its sole cost and expense, shall have responsibility for <br /> completing construction of the Garage, Office, and improvements as delineated on the Plans and <br /> Specifications entitled"Estudillo Callan 2008 Parking Garage,Project Number 08-962-86-067", <br /> dated June 2010 (the"City Plans") as depicted on the Record Drawings,when they are <br /> available. There shall be no modification to the City Plans which modify, affect or impact Parcel <br /> 2,the Office and/or the improvements constructed thereon without the written approval of the <br /> Owner of Parcel 2. The Parties acknowledge that the Map creates Parcel 2 as an"air space" <br /> parcel which consists of approximately 2,175 square feet on the ground floor of the Garage <br /> fronting on Estudillo Avenue, bounded by the interior unfinished surfaces of perimeter walls, <br /> foundations, floors and ceilings bounding Parcel 2, as more particularly described in Exhibit A. <br /> 2.2 Use. The Property shall be used as permitted by the City of San Leandro Zoning <br /> Ordinance as amended from time to time, and no use shall be established that would cause a <br /> default or breach of this Agreement. <br /> 2.3 Restricted Uses. No Parcel User shall create or continue any nuisance, <br /> disturbance or other condition which could reasonably be expected to adversely affect another <br /> Parcel User's enjoyment of its premises. <br /> 2.4 Property Not Subject to Davis-Stirling Act. The Parties acknowledge that the <br /> Property is not subject to the provisions of the Davis-Stirling Common Interest Development Act <br /> (California Civil Code Section 1350 et seq) by virtue of the fact that, among other reasons, there <br /> 3/7/13 3 <br />