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4/23/13 6 <br />City is the sole owner of the Garage) and by City's engineer, or the City Engineer, whichever is <br />applicable. There shall be no valid rights of access for any encroachment except as provided <br />above in this Section. <br />The City grants a permanent encroachment for air-space for the maintenance of the louvers and <br />installation and maintenance of signage and appurtenance that are within Parcel 1 and/or the <br />public right-of-way. The louvers and signage shall be located within the space of the <br />encroachment as defined in Exhibit C and labeled louver and signage encroachment. Owner of <br />Parcel 2 acknowledges that there are no rights to install or construct any improvements in the <br />public right-of-way at ground level. The Owner of Parcel 2 is the owner of the louvers and their <br />structures adjacent to Parcel 2 and its identifying signage, and has the right to construct, <br />maintain, upgrade, replace, remove, and operate the louvers and signage and appurtenances in <br />the air-space encroachment. However, the Owner of Parcel 2 must obtain the approval of the <br />City prior to making any visible changes to the louvers, their structures, and the signage. Since <br />the louvers and their structures match others around the garage structure, the Owner of Parcel 2 <br />shall maintain them in a similar manner to those belonging to the City to retain the unifying <br />appearance. Prior to commencement of any construction, maintenance, upgrade, replacement or <br />removal of facilities within the air-space encroachment which requires the use of the public <br />right-of-way outside of Parcel 2’s encroachment, the Owner of Parcel 2 or its agents shall apply <br />for an encroachment permit from the City and meet all permit requirements. <br />The provisions of Section 9.2 Liability Insurance shall apply to all Parcel 2 facilities and <br />operation within the air-space encroachment in the public right-of-way. <br /> 3.7 Public and Other Easements. Each Parcel shall also be subject to nonexclusive <br />easements for public utility location and maintenance, public service access, and emergency <br />service access in favor of the City, and as may be required by the City in connection with the <br />approval of the Map or otherwise with respect to the development of the Property. <br /> 3.8 Foundation and Continued Support. City grants to the Owner of Parcel 2, subject <br />to the terms, provisions and limitations of this Agreement, non-exclusive easements constituting <br />the right to receive, use and maintain continuous support from the Parcel 1 and the improvements <br />located within Parcel 1, as may be necessary for the development, existence, use and enjoyment <br />of Parcel 2, including, without limitation, support for all improvements within Parcel 2 and the <br />right to obtain substantial load-bearing support from exterior walls, foundations, footings, slabs, <br />floors, ceilings, posts, columns and any other elements providing or that will provide a <br />foundation or structural support for all or any portion of Parcel 2. <br />4. Maintenance. <br /> 4.1 Maintenance. The Parties acknowledge and agree that there are no “common <br />areas” associated with the Property. Each Party shall be responsible for maintenance, at its own <br />expense (except as expressly set forth herein), of the improvements located on or within the <br />Parcel such Party owns. For purposes of clarification, it is intended that Parcel 2 be an air space <br />parcel which will not include any structural improvements. Without limiting the generality of <br />the foregoing: (i) City shall retain responsibility for maintenance, repair, and replacement of all <br />structural elements of the Garage (including, without limitation, all Garage exterior walls,