25D - AGMT - PARKING FACILITIES OPERATOR

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will be used for determining adjustments shall be the most recent December Consumer Price Index (CPI) for All Urban Consumers for Los Angeles-Anaheim-Riverside CMSA, published by the United States Department of Labor Bureau of Labor Statistics or any relevant successor for the Orange County area. c. Extra Work. No new work of any kind shall be considered as extra unless a separate estimate is given for said work and the estimate is approved by the City in writing before work is commenced. The Operator will be required to provide detailed information of such extra work. Documentation of contract compliance may be required on some occasions. 5. DESIGNATION OF OPERATOR AS MANAGER: PARKING FACILITIES TO BE OPERATED A. Non-exclusive Agreement. Operator's right to operate the Parking Facilities is non-exclusive. B. Designation of Operator as Manager. City hereby designates and hires Operator as the operator and manager of the hereinafter described Parking Facilities and Operator accepts such designation and agrees to operate and manage the Parking Facilities subject to the terms, covenants and conditions of this Agreement. Operator acknowledges that this Agreement conveys no interest in nor attaches to any underlying real property comprising the Parking Facilities. Accordingly, City and Operator agree that nothing in this Agreement shall entitle or permit or be construed to permit Operator to file any claim, lien or notice against any real property. As material consideration for this Agreement, Operator waives any rights it may now or hereafter have to record a lis pendens against the Parking Facilities under Section 405 et. seq. of the California Code of Civil Procedures, or any,other provision of law, if a dispute arises under this Agreement. C. Parking Facilities to be Operated. Operator shall operate those certain vehicular Parking Facilities, together with all incidental and appurtenant improvements constructed thereon, shown on Exhibit A, attached hereto and made a part hereof, hereinafter referred to as the "Parking Facilities," in accordance with the terms and conditions set forth in this Agreement. D. Performance. The hours of operation of each Parking Facility are set by the City. Operator must staff each facility sufficiently during all operating hours. It is expected that the parties will discuss and agree upon levels of staffing; however, if the parties cannot agree, the decision of the Contract Administrator shall control. Maintenance tasks should be performed at such hours as to minimize the impact on customers. E. Modification by City. The City may, during the term of this Agreement, modify the list of Parking Facilities listed in the Recitals and on Exhibit A, attached hereto and incorporated herein. It may also modify parking space inventory. Such modifications shall not be considered a breach of this Agreement; nor shall City Council approval be required for such modification unless the management fee increases. 4 25D-8