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� <br /> Friday, 5 p.m. to 10 p.m., and 8 a.m. to 10 p.m. on Saturday, Sunday and holidays, which shall be <br /> deemed any day in which the office of the Secretary of State of California is closed as a legal holiday <br /> (collectively "Public Parking Hours"). Developer may (in its sole and absolute discretion) make <br /> parking available to the public on weekdays between 8 a.m. and 5 p.m and on all days between 10:00 <br /> p.m. and 8:00 a.m. <br /> 2. Validated Parkin�. For a period of three (3) years commencing on the date the City <br /> issues the Final Certificate of Occupancy to Developer for the Project, Developer shall develop a <br /> validation system to allow members of the public who patronize the San Mateo County History <br /> Museum to use the Public Parking for free for up to two (2) hours during the Public Parking Hours. <br /> 3. Parking Rates. During the periods set forth in Section 1 above, for visitors not <br /> eligible for free or validated parking, the parking rates for the Public Parking shall not be less <br /> than the parking rates charged by the City at the Jefferson Garage, but no more than one hundred <br /> twenty-five percent (125%) of such parking rates. Developer retains the right and full discretion to <br /> set parking rates during weekdays between 8 a.m. and 5 p.m. and on all days between 10:00 p.m.and <br /> 8:00 a.m. <br /> 4. Inconsistencies. To the extent there is any inconsistency in the terms and <br /> conditions for the operation of Shared Parking in the Downtown Precise Plan and City Zoning <br /> Ordinance, as of the Effective Date, and this Parking Covenant, the condition that provides greater <br /> public access shall apply. Developer shall be deemed to have satisfied Condition No. 10 of <br /> Resolution No. 15458 so long as it is in compliance with this agreement. <br /> 5. Term of Covenant. This Parking Covenant shall remain in effect so long as the <br /> improvements approved by Resolution No. 15458 remain in use. <br /> 6. Control Over Public Parkin�Area. This Parking Covenant shall not be construed as <br /> granting or conveying an easement or license to the City specifically nor as an express or implied <br /> offer of dedication of any part of the Site to public use, but solely as a contractual undertaking and <br /> covenant by Developer to provide for and permit Public Parking on the terms and conditions hereof. <br /> The Developer at all times shall have full control of and management of the parking facilities, <br /> including the Public Parking. <br /> 7. Default. Failure by Developer to comply with and observe any of the conditions, <br /> terms,or covenants set forth in this Parking Covenant,if such failure remains uncured within thirty <br /> (30) days after written notice of such failure from City in the manner provided herein or, with <br /> respect to a default that cannot be cured within thirty (30) days, if Developer in default fails to <br /> commence such cure within such thirty (30) day period or thereafter fails to diligently and <br /> continuously proceed with such cure to completion. <br /> 8. Notices. Any notices relating to this Agreement shall be given in writing and shall <br /> be deemed sufficiently given and served for all purposes when delivered personally or by generally <br /> recognized overnight courier service, or five (5) days after deposit in the United States mail, <br /> certified or registered, return receipt requested,with postage prepaid, addressed as follows: <br /> To the Developer: 601 Marshall Street Owner, LLC <br /> 145 Addison Ave <br /> Palo Alto, California 94301 <br /> Attn: Mollie Ricker <br /> ATTY/AGR/2016.119/601 MARSHALLSTREET—SHARED PARKING COVENANT <br /> REV:06-06-16 VR <br /> Page 2 of 3 <br />