RecDoc 2019-032477 CONF Shared Parking Covenant 855 Main

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5. Parking Data. The Developer at its cost will provide the City or the City's designated vendor real-time data on how many parking spaces are available in the garage during Public Parking Hours through a standard digital Application Programming Interface (api). The Developer or its valet operator will be required to digitally track occupancy and relay that information in real-time to the City or its designated vendor. 6. Inconsistencies. To the extent there is any inconsistency in the terms and conditions for the operation of Shared Parking in the Downtown Precise Plan and City Zoning Ordinance, and this Parking Covenant, the condition that provides greater public access shall apply. 7. Term of Covenant. This Parking Covenant shall remain in effect so long as the improvements developed and constructed by Developer on the Property remain in use. 8. Control over Public Parking Area. This Parking Covenant shall not be construed as granting or conveying an easement or license to the City specifically nor as an express or implied offer of dedication of any part of the Property to public use, but solely as a contractual undertaking and covenant by Developer to provide for and pen -nit Public Parking on the terms and conditions hereof. The Developer at all times shall have full control of and management of the parking facilities, including the Public Parking. 9. Default. Failure by Developer to comply with and observe any of the conditions, terms, or covenants set forth in this Parking Covenant, if such failure remains uncured within thirty (30) days after written notice of such failure from City in the manner provided herein or, with respect to a default that cannot be cured within thirty (30) days, if Developer in default fails to commence such cure within such thirty (30) day period or thereafter fails to diligently and continuously proceed with such cure to completion. 10. Notices. Any notices relating to this Parking Covenant shall be given in writing and shall be deemed sufficiently given and served for all purposes when delivered personally or by generally recognized overnight courier service, or five (5) days after deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, addressed as follows: To the Developer: 855 Main Street RWC, LLC 125 Willow Road Menlo Park, CA 94025 Attn: Gary Johnson To the City: City of Redwood City 1017 Middlefield Road Redwood City, California 94063 Attn: City Manager Either party may designate, by not less than five (5) business days' notice given to the other in accordance with the terms of this Section, additional or substituted parties to whom Notices should be sent hereunder. ATTY/AGR/2018.275/855 MAIN STREET RWC, LLC—SHARED PARKING COVENANT REV: 12-11-18 PR Page 3 of 7