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3.5.4 Enforce the observation of posted speed limits within the Parking
<br />Structure and to enforce parking restrictions including the duration of parking, and specified
<br />purpose spaces, and in connection therewith, to exact fines and penalties and/or cause vehicles to
<br />be towed away at the vehicle owner's expense in accordance with applicable parking ordinances.
<br />3.5.5 In consultation with City's Police Department and in compliance with all
<br />City laws and regulations, institute security measures which may include, but are not limited to,
<br />gates, parking attendants, video cameras, motion sensors, lighting, and other means of
<br />controlling and securing the Parking Structure against unauthorized entry or improper,
<br />undesirable, or criminal conduct. It is further understood that notwithstanding that the Public
<br />Parking to be made available, Developer retains the right to exclude any specific person or
<br />persons who may have committed or be suspected of committing any improper, undesirable or
<br />criminal conduct or for any other reasons whatsoever except and to the extent prohibited by law.
<br />3.5.6 Maintenance of Parking Structure. During the Term, Developer shall
<br />maintain, or cause to be maintained, in good condition and repair Parking Structure, in a neat,
<br />clean, sanitary and orderly condition, ordinary wear and tear and casualty excepted, including
<br />landscaping, utility systems, lighting, paving, irrigation systems, drainage facilities or systems,
<br />grading, subsidence, retaining walls or similar support structures foundations, directional
<br />signage, ornamentation, and all other improvements on or to the Parking Structure, now existing
<br />or made in the future. All maintenance shall be done in accordance with the all applicable
<br />Federal, State and local statutes, ordinances, rules, standards and regulations.
<br />3.5.6.1 Developer shall provide a telephone number that the City
<br />can contact twenty-four (24) hours a day to report any maintenance deficiency.
<br />3.5.6.2 Developer shall make repairs as soon as practicable and
<br />shall notify City once the maintenance deficiency is corrected. If Developer fails to correct the
<br />maintenance deficiency within forty-eight (48) hours of being reported by the City, unless
<br />Developer has requested additional time is necessary to correct the maintenance deficiency, City
<br />in its sole discretion has the right but not the duty to correct the maintenance deficiency, or to
<br />hire a contractor to perform the correction. Developer shall be liable for all costs incurred by the
<br />City to correct the maintenance deficiency, including City Staff time, and shall reimburse City
<br />for the costs within ten (10) days of receiving the invoice from the City. Should Developer fail
<br />to pay the invoice within thirty (30) calendar days from invoice, the costs shall accrue interest at
<br />the lesser of: (i) the rate often percent (10%) per annum or (ii) the Usury Limit, until paid in
<br />full. The City's right, but not the obligation, to cure any maintenance deficiencies shall not be
<br />deemed to create any special duty of care or create any right of any third parties, whether
<br />founded in tort or contract.
<br />3.6 Insurance.
<br />3.6.1 Continuously during the Term, Developer shall furnish, or shall cause to
<br />be furnished, to City evidence that Developer maintains Commercial General Liability insurance
<br />which affords coverage at least as broad as Insurance Services Office "occurrence" form CG
<br />0001; such insurance policy or policies (including umbrella coverage, if any) to afford with
<br />minimum limits of at least Three Million Dollars ($3,000,000.00) per occurrence for bodily
<br />injury, personal injury and property damage.
<br />3.6.2 Endorsements containing the following four provisions shall be obtained
<br />for the policies providing the above insurance:
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<br />5 53 94.00049\3 3221249.8 Form of Parking Agreement
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