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<br />CITY and COUNTY agree that staff time devoted to the development of the Phase l
<br />2 Facilities is non-compensa.bie. -•.-- w
<br />3 19, •Neither party shall hold a major Stadium event at Eddie West field during County
<br />business hours which are 6:30 a.m. to 5:30 p.m, on Mondays through Fridays, excluding
<br />4 County -observed holidays. For the purposes of this Agreement a Stadium event shall,be
<br />defined as any public or -private gathering at or within Eddie West Field, t'A major
<br />5 Stadium event shall be defined as any Stadium event which .is estimated to',create'•a ,' '.
<br />parking •demand ,in excess of 300 spaces,
<br />Event Holders desiring to use all or any portion of the Site l Facilities In f'
<br />•7 conjunction with any Stadium event shall be charged a maintenance and operations„fee
<br />'For -such use ("User•Fee").• An Event Holder shall be defined a;,,any individual,v.grouii,`;
<br />8 organization, business or entity,which conducts (or causes to be conducted) any Stadium
<br />event'.,. The amount of the User Fee shall be established -by mutual agreement' between
<br />CITY and COUNTY and shall be sufficient in amount'to cover the estimated maintenance
<br />and operating costs associated with 'the Event. Holder's use, User Fees shall bejaid'.in .
<br />O advance to CITY which -shall, within three working days after receipt thereof,' deposit',
<br />suoh'User Fee into the Parking Facilities Account which account is referred -to in.
<br />Ii paragraph 18•above,
<br />x2' . Should an Event Holder elect to charge Stadium event attendees for use of the Site,l
<br />Facilities said Event Holder shall, - 'in addition to the -above User Fee, pay supplemental
<br />13, rent for the'use:af•the Site 1 Faci1ities in an amount equal to Fifty per cent (50S),.of
<br />ail parking fees collected, less the amount of .the required User Fee,. except,.. however,.'•
<br />-should the amount of the User Fee exceed 5% of the parking fees collected, no v. ,.>
<br />supplemental rent shall.•be charged... Supplemental rent (if any) shall be paid by:'the`
<br />15 Event Holder.to`CITY•within three working days following completion of the event,' CITY
<br />shall, within three working days following receipt of,such rental, deposit.the recital,; _
<br />x6 into the Parking Facilities Account, i
<br />17 The provisions of this paragraph are not intended to impose any requirement upon arty .
<br />Event Holder to charge Stadium event attendees for use of the Site I Facilities.
<br />18 Notwithstanding any -of the foregoing, attendees of Stadium events which are scheduled
<br />19 during County business hours shall be required to pay the prevailing parking rates .,
<br />established for the use of the Site l Facilities and tall such parking fees collected
<br />20 shall be considered to be Parking Revenues as that term is defined in paragraph 18:,
<br />above, User Fees and rental payments shall not apply to Stadium events which are "
<br />21 scheduled during County.business hours.
<br />22 Exceptions to this paragraph may be granted by mutual agreement of CITY's Manager and
<br />COUNTY's Director of General Services Agency or their designees,
<br />23 20,' COUNTY shall be entitled to reserve parking spaces within the Site 1 Facilities
<br />24 for use by individuals serving on jury panels at the Orange County Courthouse in Civic
<br />Center. The number of juror parking spaces which COUNTY may reserve sha4beaequal .to
<br />25 400 parking spaces as of the date of this Agreement plus 22 additional parking spaces
<br />for each additional trial courtroom in said Orange County Courthouse which becomes
<br />26 operational subsequent to the date of this Agreement. Juror parking spaces provided
<br />pursuant to this paragraph shall be provided without charge to the jurors, the CITY, or
<br />27 the COUNTY, and the cost of providing such parking shall be considered to be a
<br />non-compensable operating expense,
<br />28 GS:da:sf
<br />0599w-6 -6_
<br />12-4.57
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