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Agmt04 BHV Innisfree - On Broadway RWC Parking Facilities Agmt
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Agmt04 BHV Innisfree - On Broadway RWC Parking Facilities Agmt
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Last modified
10/16/2025 3:52:53 PM
Creation date
7/13/2004 8:43:24 AM
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Template:
Agreement
Contractor Name
BHV Innisfree
PROJECT NAME
On Broadway Investors LLC Parking facilities Agreement
RMP File Number
100 bin 24 Now 405
Date
7/12/2004
MO Ref
04-122 RD-0410. MO 07-012, 07-150,
Amendment
Yes
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<br />Project business first to open, but in no event later than 7:00 a.m., and shall remain open <br />until two (2) hours after the last Project business closes; provided, however, that the City <br />shall have the right, in its sole discretion, to close the Block Two Parking Lot daily at no <br />later than 3 a.m. Developer and/or Century shall notify the City on a periodic basis of the <br />respective business hours of the Project businesses and Century. Notwithstanding the <br />foregoing, portions of the Block Two Parking Lot may be closed or unavailable for use as <br />contemplated hereunder from time to time, but only if and to the extent reasonably <br />necessary to perform required maintenance and repairs and provided that (i) except in the <br />event of an emergency, the City or the operator of the Block Two Parking Lot shall give <br />Developer and Century at least seventy-two (72) hours' prior written notice of such <br />maintenance and repairs, specifying the affected portions of the Block Two Parking Lot, <br />the nature of the maintenance and repairs and the anticipated period of closure or <br />unavailability, (ii) all such maintenance and repairs shall be performed expeditiously and <br />in a manner intended to minimize the extent and duration of the closure or unavailability, <br />(iii) the City or the operator of the Block Two Parking Lot shall use all commercially <br />reasonable efforts to schedule the maintenance and repairs for periods other than Block <br />Two Parking Lot Peak Periods (defined below), and (iv) except for emergency <br />maintenance and repairs, no maintenance and repairs that will result in more than a <br />de minimis closure or unavailability of the parking areas shall be scheduled between the <br />Friday before Thanksgiving and the fifteenth day of January next following, unless <br />approved in writing by Developer and the City. <br /> <br />C. Parking Rates for Peak Periods. <br /> <br />Subject to Sections II-D, II-E and II-F below, the hourly rate for use of the Block Two <br />Parking Lot shall be not less than five dollars ($5.00) per hour from 5 p.m. until closing <br />Monday through Thursday, from 2 p.m. until closing on Friday and all day on weekends <br />and holidays (collectively, "Block Two Lot Peak Periods"), provided that the such five <br />dollar ($5.00) per hour minimum charge shall be adjusted, by $0.50 increments, to <br />compensate for adjustments in the CPI, as more particularly described on Schedule I. <br /> <br />D. Parking for Cinema Patrons. <br /> <br />Cinema patrons presenting validation shall be entitled to receive free parking in the Block <br />Two Parking Lot for a period not to exceed four (4) hours prior to presentation of such <br />validation form at all times. <br /> <br />E. Parking for Patrons of Other Proiect Businesses. <br /> <br />Patrons of other Project businesses presenting validation shall be entitled to receive free <br />parking in the Block Two Parking Lot for a period not to exceed one and one-half (1 Y2) <br />hours prior to presentation of such validation form at all times. <br /> <br />F. Parking for Patrons of Other Businesses. <br /> <br />Patrons of other businesses presenting validation may receive free parking in the Block <br />Two Parking Lot for a period not to exceed one and one-half (1 Y2) hours prior to <br />presentation of such validation form during Block Two Lot Peak Periods. <br /> <br />Atty/Agr/Agr.194 <br />062404 <br /> <br />5 <br />
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