Agmt04 BHV Innisfree - On Broadway RWC Parking Facilities Agmt

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2. Tem�orarv Replacement Parkin�. (a) Beginning on November 1, 2013, and ending on the Second Amendment Termination Date, as defined in Paragraph 4 below, the City will operate and maintain a minimum number of parking spaces within the Red and Orange Zones as follows: (1) At least One Thousand Eight Hundred Forty Four (1,844) parking spaces will be operated and maintained in accordance with City's obligations under the Agreement. (2) Six (6) off-street parking spaces in the Fox Theater Parking Lot (Assessor's Parcel No. 052-365-100), accessed from Winslow and bordered by the buildings at 840 Middlefield, 2215 Broadway and 815 Hamilton as generally identified in Exhibit A, will be �aintained available to the public between the hours of 6:00 PM and 2:00 AM seven days a week. In the event the six (6) off-street parking spaces in the Fox 'Theater Parking Lot become unavailable to the City, the City will replace those six (6) parking spaces within the Red and Orange Zones prior to the unavailability of the six (6) parking spaces in the Fox Theater Parking Lot and, upon securing such replacement parking spaces, City will provide written notice to Developer and Century identifying the location of the replacement parking spaces. 3. Middlefield Two-Wav Traffic Flow. The City will maintain Middlefield between Theatre Way and Winslow Street open to two-way traffic for the duration of this Second Amendment, as depicted in Exhibit A, attached hereto. 4. Second Amendment Termination Date. This Second Amendment is intended as an interim solution for the Parties during construction of the Crossing 900 Project. As such, this Second Amendment shall expire on October 31, 2015 ("Second Amendment Ternunation Date"), unless the Parties agree in writing to extend the Second Amendment Termination Date to a later date certain, and upon and after such Second Amendment Termination Date the City's obligations under the Agreement shall be in accordance with the Agreement as if this Second Amendment had never been entered into by the Parties. 5. Ternunation Ri�hts. Developer and/or Century shall have the right at any time during the Term of this Second Amendment to terminate this Second Amendment by providing the City with written notice of such termination if the number of parking spaces within the Red and Orange Zones drop below a total of One Thousand Eight Hundred Fifty (1,850). This total includes the One Thousand Eight Hundred Forty Four (1,844) parking spaces operated and maintained in accordance with the City's obligations under the Agreement plus the six (6) parking spaces in the Fox Theatre Parking Lot as depicted on Exhibit A. Upon and after such termination the City's obligations under the Agreement shall be in accordance with the Agreement as if this Second Amendment had never been entered into by the Parties. 6. Ratification. The Parties acknowledge and agree that the Agreement, except as amended by this Second Amendment, remains unmodified and in full farce and effect in accordance with its terms. ATTY/AGR/2013/AMENDMENTS/SECOND AMEND TO PARKING FACILITIES AGR REV:11-12-13 VR Page 2 of 4