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is to permit the owner of Lot 3 and such owner's tenants and the owner's and owner's tenants' guests and invitees to use the 275 stalls in the Exclusive Easement Area (the "Exclusive Use Stalls") and to exclude all others from the use of such stalls. The owner of Lot 3 shall have exclusive authority to determine how the Exclusive Use Stalls are allocated among and used by such owner's tenants and the owner's and owner's tenants' guests and invitees. The easement is to permit the parking of vehicles of a size not to exceed the design parameters of the District A Parking Improvements. The Exclusive Use Stalls may not be used for any purpose other than the parking of motor vehicles. For example, the Exclusive Use Stalls may not be used for the storage of any personal property other than motor vehicles, and the owner of Lot 3 .and such owner's tenants and the owner's and owner's tenants' guests and invitees may not attach or affix anything to the District A Parking Improvements except that the owner of Lot 3 may, upon the receipt of the City's written consent, which consent may not to be unreasonably withheld, affix signs to the District A Parking Improvements to identify the Exclusive Use Stalls, to distinguish the Exclusive Use Stalls from other stalls in the District A Parking Improvements and to distinguish Exclusive Use Stalls from one another. The City Council may not approve an amendment to the District A Parking Plan that impairs the exclusive easement rights granted in this Section 4.2 without the written consent of the owner of Lot 3 and the holder of any mortgage recorded against title to Lot 3. 5. Operation of the District A Parking Improvements. The City will operate the Public Parking Areas as public parking facilities. The Public Parking Areas will be available to beneficiaries of the easement described in Section 4.1 and to the public on a first -come, first - served basis subject to the following: (a) The City will establish handicapped parking stalls within the Public Parking Areas as required by law. The owner of Lot 3 must establish and maintain handicapped parking stalls within the Exclusive Easement Area as required by law. (b) The City may designate, with appropriate signage, parking stalls within the Public Parking Areas that may only be used for a specified period of time (for example, without limitation, "One Hour Parking," "Overnight Parking," and "No Overnight Parking"). (c) The City may designate parking stalls in the Public Parking Areas as "park and ride" stalls for the exclusive use of public transit patrons during designated days and hours as provided for in the District A Parking Plan. The number of designated "park and ride" stalls may not exceed the number of stalls the Parking Plan allocates for "park and ride" use. The City must utilize signage and other parking control mechanisms in an attempt to limit "park and ride" use to the number of parking stalls designated for "park and ride" use in the District A Parking Plan and must make a good faith effort to enforce restrictions the City adopts to control such use. (d) The City may elect to charge fees for parking in the Public Parking Areas; provided the costs associated with the operation of the Public Parking Areas on a fee basis will be Parking Maintenance Costs under Section 7 below, and the proceeds received from the operation of the Public Parking Areas on a fee basis will be applied to reduce the budgeted Parking Maintenance Costs allocated among the Parcels pursuant to Section 9 below. 4 4533011v2