Inst 2013 Easement - Chamber of Commerce

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are no common areas as defined in Civil Code Section 1351(b), and there will be no Owner's association(as defined in Civil Code Section 1351(a)). 3. Grant of Easements; Encroachments. 3.1 Waste Room. City grants to the Parcel 2 Parcel Users, an exclusive easement of access, ingress and egress over the Waste Room for Parcel 2, located on Parcel 1 as shown on Exhibit B (the"Waste Room"). The Waste Room is approximately 111.57 square feet, and is strictly for the storage of waste until collected by the applicable waste removal service as provided below. Flammable or Hazardous Substances in violation of Environmental Laws shall not be disposed of in the Waste Room. Waste and recycling containers must be stored in the Waste Room at all times except for the purpose of servicing them on collection days where they may be placed at the curb for a period no longer than 24-hours. Owner of Parcel 2 or Parcel 2 Parcel Users shall store waste in accordance with Chapter 3-6 of the San Leandro Municipal Code, and shall without limitation,do all of the following: 1) subscribe to regular solid waste and recycling services from the City's franchisee; 2) deposit waste materials in one or more leak-proof containers of sufficient size and quantity to adequately service the property, as provided by the City's franchisee; 3) contain waste materials in a manner so as to discourage disturbance by, or harboring of,animals or pests;to prevent fire or other safety hazards, and to prevent odors or unsightliness amounting to a nuisance;4) refrain from storing or accumulating any putrescible waste on site for a period longer than seven(7)days; 5)refrain from storing Hazardous Substances,medical and infectious waste, or special waste, in the Waste Room; and 6)refrain from using City litter cans for disposing of waste materials originating from Parcel 2. The Waste Room also houses the Electrical Disconnect Panel for Parcel 2. Panel clearance shall be maintained at all times per City and Fire Codes. 3.2 Mechanical Equipment Area. City grants to the Parcel 2 Parcel Users an exclusive easement of access, ingress, and egress over the fenced area on Parcel 1 shown on Exhibit"B"to install, operate,maintain, and replace Heating Venting Air Conditioning mechanical equipment(HVAC), and such other equipment(vacuums,redundant power, generators etc.)that may be installed with the prior written approval of the City for the benefit of Parcel 2,(the"HVAC Equipment Area").•The HVAC Equipment Area is approximately 412.85 square feet. The Owner of Parcel 2 shall be responsible to maintain the equipment, including the fencing that surrounds the HVAC Equipment Area, in good working order and free of debris or other materials not specifically required in the maintenance or operation of the HVAC equipment. Owner of Parcel 2 shall ensure that the HVAC Equipment Area remains locked at all times and shall not allow the area to be used for storage of any kind. 3.3 Parking Spaces. City grants to the Parcel 2 Parcel Users an exclusive easement to park vehicles,with no cost or other charges to the owner of Parcel 2, within the designated parking area located on Parcel 1 as shown on Exhibit B (the"Parcel 2 Parking Area"). The Parcel 2 Parking Area is approximately 486 square feet. Owner of Parcel 2 shall be responsible for striping, signage, surface maintenance,and cleanup of the Parcel 2 Parking Area,however the Owner of Parcel 2 shall not be responsible for the maintenance, repair or replacement of any structural portions of the Parcel 2 Parking Area. No storage of vehicles or any other item is permitted, nor is any overnight parking allowed other than by Parcel 2 Parcel Users working on 3/7/13 4