Parking Mitigation Agreement - South Bend - Riverwalk Partners LLC

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Indiana (the "Crowe Building") when access to the Adjacent Parking Area or the Remote Parking Area is impaired. G. The City is willing to permit HP Blackbird to gain non-exclusive access to, and temporarily use, the Century Center Lot to provide parking spaces to the HP Blackbird's tenants, licensees, and invitees when parking spaces are not being otherwise used by the City or its authorized agent, subject to the terms and conditions set forth in this Agreement. H. ASM Global, which is engaged to manage the operations of the Century Center as an agent of the City, on behalf of the Civic Center Board of Managers, a civic center building authority for the City, consents to the use of the Century Center Lot as described in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants set forth in this Agreement, the Parties agree as follows: 1. Parkine Miti ation Commitments. The parking mitigation commitments contemplated by this Agreement shall be comprised of the following elements: (a) Temporary License. The City grants HP Blackbird a temporary, non-exclusive license to enter and use up to, but not more than, two hundred (200) unreserved parking spaces located in the Century Center Lot (the "Parking Spaces") for the sole purpose of parking of passenger vehicles of HP Blackbird's tenants occupying the Crowe Building and licensees and invitees visiting the Crowe Building (the "Temporary License"), subject to each of the following limitations: i. HP Blackbird must provide advance written notice to the City and ASM Global regarding its intent to utilize the Temporary License at least two (2) business days prior to the anticipated usage, which notice shall include the dates and times for usage as well as the total number of spaces desired for use, and the City must confirm the Century Center Lot will be available for use during the requested times; ii. The full scope of the Temporary License shall only be utilized when access to the Parking Spaces in the Adjacent Parking Area or the Remote Parking Area is impaired, and only during Crowe's regular business hours of Monday through Friday from 7:30am to 5:30pm, except that HP Blackbird shall have access to no more than fifty (50) Parking Spaces on Monday through Friday after 5:30pm but not later than I0:OOpm and on Saturday not later than I0:OOpm; iii. Vehicles parking in the Century Center Lot in accordance with this Agreement must be easily identifiable through the use of Crowe -issued hang tags, dashboard placards, or other medium; iv. Use of the Century Center Lot when the Temporary License is not authorized for use shall be subject to routine enforcement activities of the City or its designee, including, but not limited to, ticketing or fining