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