Agmt15 Hamiilton & Winslow Properties, LLC - DDA

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successor of the Developer. 1.3.3 The City and Developer are sometimes individually referred to as "Party" and collectively as "Parties." ARTICLE 2 PARKING OPERATIONS 2.1 Hours of Operation. The City and Developer agree that the Hamilton Garage and the Jefferson Garage shall be managed and maintained so as to be open for operation during the hours of 5:00 am to 2:00 am every day of the calendar week except Thursdays and 5:00 am to 3:00 am on Thursdays (the "General Hours of Operation"). 2.2 Hamilton Garage Hours of Exclusive Use. The City and Developer agree that the Hamilton Spaces shall be managed and maintained so as to be reserved for exclusive use of the tenants and patrons of the Office Building and not available for use by members of the public during the hours of 5:00 am to 5:00 pm Monday through Friday, excepting Holidays, or such lesser period of time as Developer may designate in writing to the City (the "Hamilton Exclusive Use Period"). As used in this Parking Operation Plan, "Holiday" shall mean any holiday officially recognized by the State of California. Developer shall maintain an intercom in the Hamilton Garage. During the Hamilton Exclusive Use Period, any calls placed through the intercom in the Hamilton Garage shall be routed to Developer's designee, which may be the Operator, and shall not be routed to the City. 2.3 Hamilton Garage Hours of Public Use. The City and Developer agree that, except during the Hamilton Exclusive Use Period, the Hamilton Spaces shall be managed and maintained so as to be available for use by members of the public during the General Hours of Operation (the "Hamilton Public Use Period") and the City shall have the right to change the rates and terms regarding such parking at any time. During the Hamilton Public Use Period, any calls placed through the intercom in the Hamilton Garage shall be routed to the City's designee, which may be the Operator, and shall not be routed to the Developer. 2.4 Jefferson Garage Hours of Public Use. The City and Developer agree that the Jefferson Spaces shall be managed and maintained so as to be available for use by members of the public during the General Hours of Operation, provided, however, that the City shall notify Developer in writing of any proposed change in the hours of operation of the Jefferson Garage (the "Jefferson Public Use Period"). During the Jefferson Public Use Period, any calls placed through the intercom in the Jefferson Garage shall be routed to the City's designee, which may be the Operator, and shall not be routed to the Developer. 2.5 Parking Operator. Each of the City and Developer agree that it shall retain ABM Industry Groups, LLC, dba ABM Parking Services or other operator selected by the City ("Operator") to manage the operation of the Hamilton Garage and the Jefferson Garage, respectively, during the Hamilton and Jefferson Public Use Periods. REV: 10-11-18 PR Page 4 of 10 ATTY/AGR.2018.244/HAMILTON & WINSLOW PROPERTIES, LLC