Agmt04 BHV Innisfree - On Broadway RWC Parking Facilities Agmt

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G. Parking Operations during Non-Peak Periods; Restriction on Long-Duration Parking. Subject to Sections II-D and II-E above, the City may operate the Block Two Lot at its sole discretion for periods other than Block Two Lot Peak Periods. Notwithstanding anything to the contrary contained in the foregoing sentence, the City shall not permit Long-Duration Parking anywhere within the Block Two Parking Lot if such Long- Duration Parking materially interferes with use as customer parking as reasonably determined by the City. III. MARSHALL STREET GARAGE The Parties intend for additional public parking for Downtown visitors, including Cinema and Project patrons, to be available in the parking structure located on Marshall Street between Jefferson Avenue and Main Street designated as the "Marshall St. Lot" on the Redwood City Parking Map (the "Marshall Street Garage"), which contains 387 parking spaces (of which 285 are Permit Parking Spaces). The City agrees to provide such additional parking by operating the Marshall Street Garage in accordance with the provisions of this Section III. A. Minimum Hours of Operation. The Marshall Street Garage shall be open to the public seven (7) days a week every week of the year (including holidays), from no later than one (1) hour before the opening of the Project busines.s first to open, and shall remain open until at least (2) hours after the last Project business closes; provided, however, that the City shall have the right, in its sole discretion, to close the Marshall Street Garage daily at no later than 3 a.m. Developer and/or Century shall notify the City on a periodic basis of the respective business hours of the Project tenants and Century. Notwithstanding the foregoing, portions of the Marshall Street Garage may be closed or unavailable for use as contemplated hereunder from time to time, but only if and to the extent reasonably necessary to perform required maintenance and repairs and provided that (i) except in the event of an emergency, the City or the operator of the Marshall Street Garage, shall give Developer and Century at least seventy-two (72) hours' prior written notice of such maintenance and repairs, specifying the affected portions of the Marshall Street Garage, the nature of the maintenance and repairs and the anticipated period of closure or unavailability, (ii) all such maintenance and repairs shall be performed expeditiously and in a manner intended to minimize the extent and duration of the closure or unavailability, (iii) the City or the operator of the Marshall Street Garage shall use all commercially reasonable efforts to schedule the maintenance and repairs for periods other than Marshall Street Garage Peak Periods (defined below), and (iv) except for emergency maintenance and repairs, no maintenance and repairs that will result in more than a de minimis closure or unavailability of the parking areas shall be scheduled between the Friday before Thanksgiving and the fifteenth day of January next following, unless approved in writing by Developer and the City. Atty/Agr/Agr.194 062404 6