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�. <br /> minimum, the eight (8) parking spaces ("Public Parking") shall be made available to the public <br /> Monday through Friday, 5 p.m. to 10 p.m., and 8 a.m. to 10 p.m. on Saturday, Sunday and <br /> holidays, which shall be deemed any day in which the office of the Secretary of State of California <br /> is closed as a legal holiday (collectively "Public Parking Hours"). Developer may also, at its <br /> option, make parking available to the public on weekdays between 8 a.m. and 5 p.m and on all days <br /> between 10:00 p.m. and 8:00 a.m. <br /> 2. Parkin�ates. During the Public Parking Hours set forth in Section 1 above, for <br /> visitors not eligible for free or validated parking, the parking rates for the Public Parking sha11 <br /> not be less than the parking rates charged by the City at the Jefferson Garage, but no more than <br /> one hundred twenty-five percent (125%) of such parking rates. Developer retains the right and full <br /> discretion to set parking rates at all other times outside of the Public Parking Hours. <br /> 3. Inconsistencies. To the extent there is any inconsistency in the terms and <br /> conditions for the operation of Shared Parking in the Downtown Precise Plan and City Zoning <br /> Ordinance, 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 Public Parkin�Area. This Parking Covenant sha11 not be construed as <br /> 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 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 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 <br /> thirty (30) days after written notice of such failure from City in the manner provided herein or, <br /> with respect to a default that cannot be cured within thirty(30) days, if Developer in default fails <br /> to 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 <br /> generally recognized overnight courier service, or five (5) days after deposit in the United States <br /> mail, certified or registered, return receipt requested, with postage prepaid, addressed as follows: <br /> To the Developer: Downtown RWC Res, LLC <br /> 270 St. Paul Street, Suite 300 <br /> Denver, CO 80206 <br /> Attn: Paul Powers <br /> To the City: City of Redwood City <br /> 1017 Middlefield Road <br /> Redwood City, California 94063 <br /> Attn: City Manager <br /> CITY ATTORNEY APPROVED VERSION 05-OS-14 VR <br /> SHARED PARKING COVENANT FORM <br />