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5 <br />6 <br />7 <br />9 <br />I1 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />12. Withhold permit approval far all prfivate development within One Thousand Five <br />Hundred (1,500) feet of Civic Center ("the Fringe Areas") which does not conform to <br />the parking requirements as established by CITY's planning and/or zoning codes and <br />ordinances which are in effect on the date of this Agreement except, however, CITY, at <br />Its sole discretion,•may grant parking variances to those developers who can <br />reasonably demonstrate that conformance with CITY's parking requirements would create <br />an unreasonable and unjustifiable, economic hardship on the developer. CITY agrees, <br />that immediately upon its receipt of any request for a parking variance within the <br />Fringe Areas, CITY shall notify,COUNTY's Manager of GSA/Real Estate Division' of sudh <br />request and CITY shall not grant approval of such request without having first allowed <br />COUNTY the opportunity to offer its comments and suggestions relative to the parking <br />variance. CITY•shall not grant parking variances within the Fringe Areas as en <br />inducement to encourage development. CITY agrees that CITY shbill.exercise its <br />influence with the CITY's redevelopment agency to encourage said agency's oompiiahge <br />with the provisions of this paragraph. <br />111. CITY AND COUNTY mutually agree as follows: <br />13. CITY and COUNTY shall have equal control over the management and use of•tlae !"' <br />Phase i Facilities.. <br />14. CITY and•COUNTY shall jointly and/or separately execute leases, subleases, <br />operating agreements or other such documents as may be required to provide for they <br />financing, construction and operation of the Phase 1 Facilities; provided,- however, <br />that such documents shall be consistent with the terms and 'intent of this Agreement:` <br />I$:^ This,Agreement shall remain in full force and effect throughout the useful life <br />of the•.;Phase.l Facilities, and termination of the Facilities Lease shall have•rro <br />effect on the term of this Agreement. Any subsequent development on Sites 1 and,2 <br />occurring either during or beyond the useful life of the Phase 1 Facilities and/or'the- <br />term of this Agreement, shal I be subject to the mutual'agrnement of CITY and COUNTY. <br />15, CITY and COUNTY shall jointly participate in the design of the Phase 1 <br />Facilities, Each party shall appoint three representatives to serve on an <br />Architectural Review Committee which shah review and approve the designs, plans and <br />specifications as they are developed, <br />CITY and COUNTY shall each use its best efforts to effect completion of the designs, <br />plans and specifications within the shortest practicable time•frame. <br />17. Funding for the A/E contract will iuiti,al2y come from the Parking/Maintenance <br />Fund of the Authority, with the understanding that, to the extent legally permissible, <br />such amounts will be reimbursed to said Parking/Maintenance Fund from the proceeds, of <br />the sale of certificates of participation by OCPFC. <br />18, It is the intent of the parties hereto that all revenues derived from the Phase l <br />Facilities• tagether•with'G4eeveaatadei.ved from those,.existing pay parking <br />facilities which are currently contributing to the maintenance of the Civic Center <br />shall collectively be used to meet the Lease Payments and maintenance requirements of <br />the Civic Center. Said revenues ("parking Revenues") shall be deposited within an <br />interest bearing Parking Facilities Account (and disbursed) at the direction of <br />COUNTY's Manager of GSA/Facilities Operations Division in accordance with the <br />following schedule: <br />GS:da:rh <br />05Rgat-4 <br />12-4-87 <br />_4_ <br />