AgdaPkt 2002-12-09 - Laserfiche WebLink

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q.� - i32 C• The Pazking Parcel shall be owned, operated and maintained by the City and the Ciry shall be responsible for any and all costs and expenses of such owneiship, operation and maintenance, including, without limitation, the City's share of common area expenses for the ongoing operation, management and maintenance of the Project. As owner of the Public Parldng . Facility, the Ciry shall be entiUed to any and all revenues derived therefrom. In connection with its ownership, operation, management and maintenance of the Public Parldng Facility, the City aclmowledges that Developer's lease with Century Thea�es Inc. for the operation of the cinema portion of the Project imposes certain obligations on Developer, as landlord, with respect to hours of operarion and standards of cleanliness and safety for any pazlting facility intended to serve patrons of the cinema facility. The Parties hereby agree that the Public Parlang Facility shall be operated and maintained in compliance with the Parking Facilities Agreement. D. No later than the date shown in the Schedule of Performance, the City and Developer shall develop and agree upon a pre-construction design budget (the "Pre-Cons�uction Design BudgeY') reflecting the estimated amount required to cazry out preliminary design work for the Parking Structure Project. Subject to compliance with the Pre-Cons�uction Design Budget, Developer shall pay the expenses incurred for preliminary design work for the Public Pazking Facility (including design work related to the relocarion of the underground culvert), and the total sum of such payments made by Developer as of the Effective Date shall be repaid by City to Developer within ten (10) days of the Ef�'ecrive Date and thereafter, any such expenses shall be reimbursed to Developer as part of the construction costs for the Public Pazking Facility to be paid pursuant to Section 518 (A). E. Because the Public Pazking Facility and Project aze so interrelated, the City and Agency have determined that it would not be feasible or cost effective to competirively bid the Public Parking Facility portion of the Project. Developer shall be responsible for overseeing the design, development and construction of the Public Pazking Facility portion of the Project (and the relocation of the culvert and utilities in connection therewith) putsuant to, and subject to the terms and provisions contained in a Conshvction Agreement (the "Construcrion Agreement'� to be entered into between the City and Developer in accordance with the Schedule of Performance. The Construction Agreement shall, among other provisions, provide for the design, engineering, construction management and construction of the Public Parking Facility (as an integrated portion of the Project) anc: "ie relocation o: the utilities and culvert in connection therewith, and shali be generally in the i;-n of, and snali �ontain provisions (including a provision for the payment of fees and reimbursement of expenses to Developer) generally comparable to those customarily contained in, development management agreements used on comparable projects in Sa� Mateo and Santa Claza Counties and construction agreements customarily used by the City. The City may determine in its discretion to relocate the utilities and culvert as a sepazate project to be undertaken by the City and/or Agency instead of the Developer and any costs attributable to the relocation of the utilities and the culvert contained within ttte Construction Agreement shall be deducted. F. Notwithstanding that the City shall have the right under the Construction Agreement to approve the design of the Public Pazking Facility, it is understood and acknowledged by the City that Developer has a material interest in the design, engineering, appearance and functionality of the Public Parking Facility because of the fact that the Public Pazking Facility will be physically integrated with the Retail-Cinema portion of the Project and 30 DOCSSFI :6489424 9975-5 C 14 120502