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6.D. - Page 105 of 108 <br />3. Inconsistencies. To the extent that there is any inconsistency in the terms and <br />conditions for the operation of Parking in the North Main Precise Plan and City Zoning Ordinance, <br />and this Parking Covenant, the condition that provides greater public access shall apply. <br />4. Term of Covenant. This Parking Covenant shall remain in effect so long as the <br />improvements developed and constructed by Developer on the Site remain in use. <br />5. Control over Trail Public Parkin Area. This Parking Covenant shall not be construed <br />as 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 Trail Public Parking on the terms and conditions <br />hereof. The Developer at all times shall have full control of and management of the parking <br />facilities, including the Trail Public Parking. <br />6. 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 />7. 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: 353 Main Street Apartments, LP <br />c/o ROEM West, Inc. <br />1650 Lafayette Street <br />Santa Clara, CA 95050 <br />Attn: Drew Walstrum <br />To the City: City of Redwood City <br />1017 Middlefield Road <br />Redwood City, California 94063 <br />Attn: City Manager <br />8. Runs with the Land, Recordation. This Parking Covenant pertains to and shall run <br />with the Property. Upon execution, this Covenant shall be recorded in the Official Records of San <br />Mateo County. All of the terms, covenants and conditions of this Parking Covenant shall be <br />binding on and shall inure to the benefit of the Developer and its nominees, successors and assigns. <br />Wherever the term "Developer" is used herein or therein, such term shall include any nominee, <br />assignee or successor of the Developer. <br />REV: 02-11-20 PR <br />ATTYIAGR.2020.023/353 Main Street Apartments, LP (Page 2 of 4) 243 <br />