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B0 A FVtl <br />restrictions under a general plan of improvement for the benefit of the Lesseesi <br />successors and assigns and the Users. <br />F. The Project is not a common interest development as defined by Civil Code <br />Section 1351(c). The Project and the Lessees are therefore not subject to the Davis -Stirling <br />Common Interest Development Act (codified at Civil Code Sections 1350 et seq.). <br />WITH REFERENCE TO THE FACTS RECITED ABOVE, the Declarant declares as <br />follows: <br />ARTICLE 1 <br />DEFINITIONS <br />1.1 Definitions. In addition to the terms defined elsewhere in this Declaration, the <br />following definitions shall apply: <br />(a) "Assessments" means Joint Expenses Assessments, Reimbursement <br />Assessments and/or Special Joint Expenses Assessments. <br />(b) 'BART" has the meaning set forth in the first paragraph of this <br />Declaration. <br />(c) 'BART Parking Development" means the approximately <br />() square foot parking garage to be constructed within the BART <br />Parking Parcel containing two hundred forty-six (246) parking spaces, parking attendant office, <br />stairs, and ramps to grade level. <br />(d) 'BART Parking Parcel Ground Lease" means that certain ground lease to <br />be entered by and between BART and the BART Parking Parcel Lessee for the BART Parking <br />Parcel, as amended from time to time. <br />(e) 'BART Parking Parcel" means the portion of the Property designated as <br />"Parcel 3" on the Map located on the parking level and ground floor of the Building. <br />(f) 'BART Parking Parcel Lessee" means (i) the long term lessee of the <br />BART Parking Parcel, which is anticipated to be , and its successors or assigns <br />or, (ii) if the BART Parking Parcel Ground Lease is terminated and is not replaced by a long <br />term lease, the owner of the BART Parking Parcel. <br />(g) 'BART Parking Parcel Project -Serving Component" means a Project - <br />Serving Component located in the BART Parking Parcel. <br />(h) 'Building" means the structure that contains the Family Development and <br />the Parking Garage. <br />(i) "City" means the City of San Leandro, a municipal corporation. <br />2 <br />