Agmt15 Hamiilton & Winslow Properties, LLC - DDA

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If at any time during the term of this Agreement, Developer ceases to provide such full-time valet parking, Developer shall either (i) pay to City an amount equal to the City's then-existing in-lieu parking fee multiplied by the number resulting from the eighty-eight (88) existing spaces minus the number of parking spaces meeting City standards that can be accommodated in the Hamilton Garage; or (ii) enter into a parking operations plan with the City, as approved by the City Manager. 3_5 Acknowled�ement of Jefferson Garage Parking Facilities Agreement. Developer acknowledges that City has provided it with a copy of the "Parking Facilities Agreement" dated July 12, 2004, by and among the City and On Broadway Redwood City, LLC, regarding the operation of the Jefferson Garage and imposes certain limitations upon City's operation of the Jefferson Garage. Among other things, it specifically provides that City may not permit parking for periods of greater than four (4) hours) within the Jefferson Garage without the prior written consent of On Broadway Redwood City LLC and Century Theatres. Developer understands and agrees that the tenants of its Office Building will be subject to any City regulations relating to the usage of the Jefferson Garage that apply to the public generally. 3_6 Parkin� EQuipment. To facilitate the ability of patrons of the Jefferson Garage and Hamilton Garage to easily exit through either facility, Developer shall install in the Hamilton Garage the same parking machines, devices and/or equipment used by the City in the Jefferson Garage for the issuance of parking entrance tickets, receipt of payments and exiting procedures. The operator of the future Winslow Garage shall be subject to the same requirements to facilitate access and movement between the Winslow Garage and the Hamilton and Jefferson Garages. 3_7 Parking Revenues; Grace Period. Developer shall have the sole right to charge for and receive revenues from, all parking in the Hamilton Garage. Conversely, City shall have the sole right to charge for and receive revenues from, all parking in the Jefferson Garage. In order to ensure that Developer and City each receive the revenues to which they are entitled, City has installed in Jefferson Garage, and Developer shall install in Hamilton Garage, appropriate equipment or devices, in accordance with the DDA, that will separately record and account for revenues received from patrons of the Jefferson Garage and Hamilton Garage, inespective of the garage from which they exit. In addition, patrons of either Jefferson Garage and Hamilton Garage shall be provided a grace period of fifteen (15) minutes from the time of their payment of the applicable parking charges to exit. 3_8 Data Sharin�. Developer shall make available all raw and report format parking data as requested by the City. All parking and entry and eXit gates shall be connected to the City's parking guidance system to provide real-time information on public parking availability, whether by fixed signs, mobile applications, or some other means. 3_9 Control Over Public Parkin�Area. 3.9.1 Developer's Control of Parking Area. This Parking Agreement shall not be construed as an express or implied offer of dedication of any part of the Office Building or Hamilton Garage to public use, but solely as a contractual undertaking and covenant by Developer to provide for and permit Public Parking in the Hamilton Garage on the terms and conditions hereof. Developer waives all claims and holds City harmless from any claim which ATTY/AGR/2015.146/HAMILTON-WINSLOW DDA REV:08-18-15 VR Page 6 82483.00Ol9\9644366.16