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<br />the daily occupancy levels for the four (4) days covered by the Block Two Parking <br />Survey having the highest daily occupancy levels (the "Block Two PPD"). <br /> <br />D. Caltrain Garage Parking Survey. <br /> <br />If the City receives any notice of termination of its rights to use the Caltrain Garage for <br />parking as contemplated by this Agreement, the City shall immediately notify the <br />Developer and Century. To verify the continuing need for parking spaces in the Caltrain <br />Garage for Downtown public parking, the City shall cause to be completed by a reputable <br />parking consultant an occupancy survey of the Caltrain Garage during the Block Two Lot <br />Peak Periods on eight (8) days selected by Century during any thirty (30) day period <br />during the next successive "Seasonal Period" as defined above in Section VII-C above <br />(the "Caltrain Garage Parking Survey") and the City shall distribute to the Developer <br />and Century, immediately upon receipt, the results of the Caltrain Garage Parking <br />Survey. Based upon the results of the Caltrain Garage Parking Survey, the City shall <br />calculate the Caltrain Garage peak parking demand by calculating the average of the <br />daily occupancy levels for the four (4) days covered by the Caltrain Garage Parking <br />Survey having the highest daily occupancy levels (the "Caltrain PPD"). The City will <br />replace the lower number of the Block Two RPO or the Caltrain PPD. In addition, if the <br />Block Two PPD is greater than the Caltrain PPD, the City will use its best efforts to also <br />replace those additional spaces. <br /> <br />E. Adiustments to Parking in connection with New Development on Block Two and <br />Termination of Parking Rights in the Caltrain Garage. <br /> <br />At any time before or .after the development of Block Two or the termination of use of the <br />Caltrain Garage the City may satisfy the Block Two PPD, Caltrain PPD, or fractions thereof; by <br />anyone or combination of the following: (i) new parking spaces constructed by the City in the <br />Red Zone or the Orange Zone that are made available long-term as free 4-hour customer parking <br />on nights and weekends, and (ii) other parking in the Red Zone or the Orange Zone, in public or <br />private facilities, not utilized as of the Effective Date of the DDA (January 8,2003) for night and <br />weekend parking that is made available long-term as free 4-hour customer parking on nights and <br />weekends. As used in this Section VII-E, "long-term" shall mean that at least two (2) years <br />notice shall be given prior to termination of use. <br /> <br />VIII. STANDARDS OF OPERATION <br /> <br />The Standards of Operation for the Jefferson Garage are set forth in the Reciprocal Easement and <br />Maintenance Agreement dated <br /> <br />IX. TERM <br /> <br />This Agreement commences upon the Effective Date and continues for a forty-five (45) year <br />period (the "Term") that starts from the opening of sixty percent (60%) or more of the net <br />leasable area ofthe Project (the "Project Opening"). Developer shall notify City, in writing, <br />within seven (7) business days of the Project Opening, After the first twenty (20) years <br />following the Project Opening (the "Initial Term") the Parties shall renew this Agreement and <br />attempt to agree upon mutually acceptable modifications to this Agreement, if any are deemed <br /> <br />Atty/Agr/Agr.194 <br />062404 <br /> <br />11 <br />