Parking Covenant Redwood City Partners,LLC

Browse Search

Parking Covenant and Agreement shall automatically terminate and be of no further force or effect. Upon the written request of City or Developer, the Parties shall execute a recordable document confirming the termination of this Parking Covenant and Agreement. In the event the DDA is terminated by either Party after the conveyance of the City Property to the Developer, this Parking Covenant and Agreement shall not automatically terminate, however the Parties may agree to an amendment which shall, at a minimum, ensure that the Existing Public Parking shall be maintained and operated on the Site on the terms set forth in Section 2.1.1 of this Parking Covenant and Agreement. 2.3 Control Over Public Parking Area. 2.3.1 Developer's Control of Parking Area. This Parking Covenant and Agreement 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 Site to public use, but solely as a contractual undertaking and covenant by Developer to provide for and permit 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. Subject to the requirements in Sections 2.1 and 2.2 hereof, Developer shall have the right to: 2.3.1.1 Post signage and paint curbs and lines in a manner typical of privately -owned parking lots such as, without limitation, restricting the hours and duration of parking, designating specific spaces for short-term parking, designating specific spaces for reserved parking and designating specific spaces for handicapped parking, and establishing speed limits, gates, controls and other barriers and routes of travel; 2.3.1.2 Enforce the observation of posted speed limits within the Site and to enforce parking restrictions including the duration of parking, and specified purpose spaces, and in connection therewith, to exact fines and penalties and/or cause vehicles to be towed away at the vehicle owner's expense in accordance with applicable parking ordinances; and 2.3.1.3 Institute security measures including, but not limited to, gates, parking attendants, video cameras, motion sensors, lighting, and other means of controlling and securing the Site and the parking facilities against unauthorized entry or improper, undesirable, or criminal conduct. It is further understood that notwithstanding that the Public Parking to be made available, Developer retains the right to exclude any specific person or persons who may have committed or be suspected of committing any improper, undesirable or criminal conduct or for any other reasons whatsoever except and to the extent prohibited by law or by the express non-discrimination covenants of the DDA and grant deed to the City Property. 2.3.2 Limitation on City's Right of Assignment. The City may not assign, transfer or otherwise convey, whether voluntarily or otherwise, any or all of its rights under this Parking Covenant and Agreement to any person or entity other than to any public entity which succeeds the City of Redwood City, California, and its agencies. ATTY/AGR/2013.203/CD-PARKING COVENANT & AGREEMENT REV: 10-16-13 VR Page 5 of 16