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8.A. - Page 61 <br /> (c) In -Lieu Parking Fee Credit: In consideration for the Developer's <br /> undertaking to develop and construct the connections through the Public Access Parcels from the <br /> Hamilton Garage to the Jefferson Garage and to the future Winslow Garage, respectively, and for <br /> agreeing to undertake the ongoing obligations set forth in the Easement and Parking Agreement, <br /> attached hereto as Exhibit D, City agrees that Developer shall receive an In -Lieu Parking Fee <br /> credit equivalent to (i) full credit for eighty (80) parking spaces, at $25,000 per space; and (ii) <br /> partial credit for thirty -five (35) parking spaces, of $15,000 per space. The execution and <br /> recordation of the Easement and Parking Agreement is a condition of approval of the Project. <br /> 4.3 Fox Theatre Agreement. The owner of the Fox Theatre and the Fox Theatre <br /> Parcel, Fox Theater Properties, LLC, a California limited liability company (the "Theatre <br /> Owner "), is an entity related to Developer. Developer agrees to cause Theatre Owner, as a <br /> community benefit to be provided by the Project, to execute the Fox Theatre Agreement in a <br /> form reasonably acceptable to City (the "Fox Theatre Agreement "). Pursuant to the Fox Theatre <br /> Agreement, Theatre Owner agrees to make available to the City, at no cost to City, for a period <br /> of three (3) years following completion of the Project (i) approximately 900 square feet of office <br /> space within the Fox Theatre to be used as a police substation; and (ii) the main auditorium of <br /> the Fox Theatre for up to four (4) community events per year. The Fox Theatre Agreement shall <br /> allow the City, in its discretion, to assign its right to use the Fox Theatre for community events to <br /> another public agency or non- profit organization. <br /> 4.4 Assurance of Compliance. In order to insure Developer's compliance with the <br /> provisions of this Agreement, City shall, in connection with the issuance of the Project <br /> Approvals by City, require the posting of the amount and form of such security as may be <br /> required under the applicable Ordinances and Laws. <br /> 4.5 Encroachment Agreement for Winslow Triangle. Developer intends to improve <br /> the Winslow Triangle area for outdoor seating and related amenities. City agrees that upon <br /> completion of the Project, it will enter into an encroachment agreement with Developer to allow <br /> for such use of the Winslow Triangle. <br /> 4.6 Certificate of Completion. <br /> (a) Issuance. Following the Completion (as defined herein) of the Project, <br /> excluding any normal and minor building "punch- list" items to be completed by the Developer, <br /> the Developer may request that the City inspect the completed Project and issue a Certificate of <br /> Completion for the Project. As used in this Agreement, Completion shall mean the completion <br /> of (i) the Hamilton Garage; and (ii) the cold shell of the office building without tenant <br /> improvement work, as follows: <br /> (i) Hamilton Garage: Completion of the Hamilton Garage <br /> improvements in accordance with the plans and specifications approved <br /> by the City ( "Approved Plans ") and ready for full occupancy, operation <br /> and use sufficient to obtain a certificate of occupancy from the City <br /> (ii) Office Building Cold Shell: <br /> 82483.00019\9644366. 13 <br /> ATTY /AGR /2015.146 /HAMILTON - WINSLOW DDA <br /> REV: 07 -22 -15 VR <br /> Page 20 of 102 <br />