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8.A. - Page 99
<br /> 3.9.1 Developer's Control of Parking Area. This Parking Agreement shall not
<br /> be construed as an express or implied offer of dedication of any part of the Office Building or
<br /> Hamilton Garage to public use, but solely as a contractual undertaking and covenant by
<br /> Developer to provide for and permit Public Parking in the Hamilton Garage on the terms and
<br /> conditions hereof. Developer waives all claims and holds City harmless from any claim which
<br /> might arise from any party claiming a superior right or reversionary interest in the Public Access
<br /> Parcels or any part thereof. The Developer at all times shall have full control of and
<br /> management of the Hamilton Garage, including the Public Parking. Subject to the requirements
<br /> in Sections 3.1 through 3.8 hereof, Developer shall have the right to:
<br /> 3.9.1.1 Post signage and paint curbs and lines in a manner typical
<br /> of privately -owned parking lots such as, without limitation, restricting the hours and duration of
<br /> parking, designating specific spaces for short-term parking, designating specific spaces for
<br /> reserved parking and designating specific spaces for handicapped parking, and establishing speed
<br /> limits, gates, controls and other barriers and routes of travel;
<br /> 3.9.1.2 Enforce the observation of posted speed limits within the
<br /> Hamilton Garage and to enforce parking restrictions including the duration of parking, and
<br /> specified purpose spaces, and in connection therewith, to exact fines and penalties and /or cause
<br /> vehicles to be towed away at the vehicle owner's expense in accordance with applicable parking
<br /> ordinances;
<br /> 3.9.1.3 In consultation with City's Police Department and in
<br /> compliance with all City laws and regulations, institute security measures which may include,
<br /> but are not limited to, gates, parking attendants, video cameras, motion sensors, lighting, and
<br /> other means of controlling and securing the Office Building and the Hamilton Garage against
<br /> unauthorized entry or improper, undesirable, or criminal conduct. It is further understood that
<br /> notwithstanding that the Public Parking to be made available, Developer retains the right to
<br /> exclude any specific person or persons who may have committed or be suspected of committing
<br /> any improper, undesirable or criminal conduct or for any other reasons whatsoever except and to
<br /> the extent prohibited by law; and
<br /> 3.10 Maintenance of Hamilton Garage. During the Term, Developer shall maintain,
<br /> or cause to be maintained, in good condition and repair Hamilton Garage, in a neat, clean,
<br /> sanitary and orderly condition, ordinary wear and tear and casualty excepted, including
<br /> landscaping, utility systems, lighting, paving, irrigation systems, drainage facilities or systems,
<br /> grading, subsidence, retaining walls or similar support structures foundations, directional
<br /> signage, ornamentation, and all other improvements on or to the Hamilton Garage, now existing
<br /> or made in the future. All maintenance shall be done in accordance with the all applicable
<br /> Federal, State and local statutes, ordinances, rules, standards and regulations.
<br /> 3.11 Insurance.
<br /> 3.11.1 Continuously during the Term, Developer shall furnish, or shall cause
<br /> to be furnished, to City evidence that Developer maintains Commercial General Liability
<br /> insurance which affords coverage at least as broad as Insurance Services Office "occurrence"
<br /> 82483.00019\9644366. 13
<br /> ATTY /AGR /2015.146 /HAMILTON - WINSLOW DDA
<br /> REV: 07 -22 -15 VR
<br /> Page 58 of 102
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