AgdaPkt 2013-07-22 - Laserfiche WebLink

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7.A. - Page 239 applicable to Shared Parking, as they existed as of the date of the DDA. As used in this Parking Covenant and Agreement, the Existing Public Parking and the Shared Parking are collectively referred to herein as the "Public Parking" ("Public Parking"). At a minimum, the Public Parking shall be made available to the public Monday through Friday, 5 p.m. to 10 p.m., and all day on Saturday, Sunday and holidays. Developer may also, at its option make Public Parking available to the public on weekdays between 8 a.m. and 5 p.m. 2.1.3 Validated Parkin�. Developer shall develop a validation system to allow members of the public who patronize the Cinema and downtown businesses to use the Public Parking for free for up to four (4) hours between 5 p.m. and 10 p.m., Monday through Friday, and all day Saturday, Sunday and holidays. 2.1.4 Parkin� Rates. During the periods set forth in Section 2.1.3 above, for visitors not eligible for free or validated parking, the parking rates for the Public Parking shall not be less than the parking rates charged by the City at the Jefferson Garage, but no more than one hundred twenty-five percent (125%) of such parking rates. Developer retains the right and full discretion to set parking rates during weekdays between 8 a.m. and 5 p.m. 2.1.5 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 and Agreement, the condition that provides greater public access shall apply. 2.2 Term. 2.2.1 Term of Covenant Under Parkin� Facilities A�reement. The covenants under Section 2.1.1 and 2.1.3 of this Parking Covenant and Agreement shall be co- terminous with the term of the Parking Facilities Agreement. Upon the expiration or termination of the Parking Facilities Agreement, Developer's obligations to comply with the specified terms and conditions of the Parking Facilities Agreement shall automatically terminate without any further action by the Parties hereto, but either Party shall, promptly after receiving a written request therefore, execute and deliver an agreement to terminate the covenants contained in Section 2.1.1 and 2.1.3 hereof in recordable form and otherwise reasonably satisfactory to both Parties. The covenant in Section 2.1.4 shall survive the termination of the Parking Facilities Agreement. 2.2.2 Term of Covenant Under powntown Precise Plan The covenants under Section 2.1.2 of this Parking Covenant and Agreement shall remain in effect so long the improvements developed and constructed by Developer on the Site remain in use. 2.2.3 Effect of Termination of DDA. In the event the DDA is terminated by either Party prior to the conveyance of the City Property to the Developer, this 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 82483.00009\7966105.7 ATTY/AGR/2013.118/BLOCK 2 HUNTER STORM 4 REV: 07-19-13 PT