Common use of Commuter Parking Structures Clause in Contracts

Commuter Parking Structures. The Agency or its successor in interest will construct and provide commuter parking structures (the “Commuter Parking Structures”) to LACMTA for use by LACMTA, its employees and patrons. (i) The Commuter Parking Structures will be in locations with configurations, designs, constructions, and projected operations acceptable to LACMTA, in its sole and absolute discretion, and in accordance with the requirements and specifications of the FHWA, Caltrans and the CTC. Subject to the conditions set forth in the preceding sentence, some or all of the Commuter Parking Structures may be located on property other than the Northern Premises. (ii) The Commuter Parking Structures will be located on air-rights condominium parcels owned by LACMTA or the Agency and/or its successor in interest in accordance with the requirements of the funding source and the agreement of the parties, at each party’s sole and absolute discretion; provided, however, if LACMTA is not the fee owner of the Commuter Parking Structures it will have a perpetual easement to use, maintain, occupy, and repair the Commuter Parking Structures. (iii) The Commuter Parking Structures will contain a total of at least one thousand one hundred seventy-six (1,176) parking spaces for use by LACMTA, its employees and patrons; provided, however, subject to LACMTA’s approval, In drafting the JDA, the parties will work together to determine, to the satisfaction of each party at its sole and absolute discretion, and the consent of the FHWA and Caltrans, certain(1) the number of parking spaces to be contained in the Commuter Parking Structures, (2) the locations of the Commuter Parking Structures on land owned or acquired by the Agency and (3) the allocation of costs arising from the construction, maintenance and operation of the Commuter Parking Structures. Certain parking spaces located within the Commuter Parking Structures may be made available to the Agency and its successors in interest (at times other than 41354031.1 normal commuting hours under terms and conditions acceptable to LACMTA at its sole and absolute discretion) at times other than normal commuting hours, with consent from FHWA and Caltrans if necessary. (iv) It is expected that (1) LACMTA’s use of the Commuter Parking Structures and (2) the Agency’s and its successors in interest’s and their respective tenants’, subtenants’ and patrons’ use of parking structures and surface parking lots located on the Northern Premises or on other property owned by the Agency or its successors in interest will be subject to parking management agreements and/or reciprocal easement agreements.

Commuter Parking Structures. The Agency or its successor in interest will construct and provide commuter parking structures (the “Commuter Parking Structures”) to LACMTA for use by LACMTA, its employees and patrons. (i) The Commuter Parking Structures will be in locations with configurations, designs, constructions, and projected operations acceptable to LACMTA, in its sole and absolute discretion, and in accordance with the requirements and specifications of the FHWA, Caltrans and the CTC. Subject to the conditions set forth in the preceding sentence, some or all of the Commuter Parking Structures may be located on property other than the Northern Premises. (ii) The Commuter Parking Structures will be located on air-rights condominium parcels owned by LACMTA or the Agency and/or its successor in interest in accordance with the requirements of the funding source and the agreement of the parties, at each party’s sole and absolute discretion; provided, however, if LACMTA is not the fee owner of the Commuter Parking Structures it will have a perpetual easement to use, maintain, occupy, and repair the Commuter Parking Structures. (iii) The Commuter Parking Structures will contain a total of at least one thousand one hundred seventy-six (1,176) parking spaces for use by LACMTA, its employees and patrons; provided, however, subject to LACMTA’s approval, In drafting the JDA, the parties will work together to determine, to the satisfaction of each party at its sole and absolute discretion, and the consent of the FHWA and Caltrans, certain(1) the number of parking spaces to be contained in the Commuter Parking Structures, (2) the locations of the Commuter Parking Structures on land owned or acquired by the Agency and (3) the allocation of costs arising from the construction, maintenance and operation of the Commuter Parking Structures. Certain parking spaces located within the Commuter Parking Structures may be made available to the Agency and its successors in interest (at times other thanthan 41346839.441346839.5 3 41354031.1 normal commuting hours under terms and conditions acceptable to LACMTA at its sole and absolute discretion) at times other than normal commuting hours, with consent from FHWA and Caltrans if necessary. (iv) It is expected that (1) LACMTA’s use of the Commuter Parking Structures and (2) the Agency’s and its successors in interest’s and their respective tenants’, subtenants’ and patrons’ use of parking structures and surface parking lots located on the Northern Premises or on other property owned by the Agency or its successors in interest will be subject to parking management agreements and/or reciprocal easement agreements.