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6 <br /> The Everett Station Improvements are depicted in Exhibit A,which is incorporated into this <br /> Agreement by reference, and shall consist of the bus parking area located immediately south of <br /> the Transit Center Building and other City owned improvements as indicated in Exhibit A. The <br /> South Parking Lot and commuter rail improvements are as identified on Exhibit Al. The City <br /> shall be the sole owner of the City improvements in Exhibit A and the South Parking Lot <br /> improvements as more specifically described in Exhibit Al (hereinafter"Everett Station <br /> Improvements" or"Everett Station"). Accordingly, the City acknowledges that Sound Transit <br /> shall have no liability or obligations with respect to the construction, operation, maintenance, <br /> repair or replacement and ownership of Everett Station or any claims arising therefrom except as <br /> may otherwise be specifically set forth in this Agreement. <br /> 3. The section heading of Section 3.1 of the Agreement is amended as follows: <br /> 3.1 Use of City of Everett Owned Improvements <br /> 4. Section 3.1.2 of the Agreement is amended as follows: <br /> 3.1.2 Parking Areas <br /> The City shall own and maintain a total of 411 parking stalls in three parking lots identified in <br /> Exhibit C which is incorporated into this Agreement by reference. Parking stalls shall be <br /> assigned to Sound Transit to support ST Express bus and Commuter Rail service as shown in <br /> Exhibit C. <br /> In addition. Sound Transit shall enjoy the use of the South Parking Lot pursuant to the easement. <br /> The City shall provide the parking lots with lighting, emergency telephones and landscaping. <br /> The City shall be responsible for maintaining the rideshare parking stalls at Everett Station. <br /> 4. Section 4.0 of the Agreement is amended as follows: <br /> 4.1.2 Parking Management <br /> The City shall provide parking management services for Everett Station parking including the <br /> parking stalls assigned to Sound Transit for use by ST Express bus and commuter rail customers. <br /> Parking fees shall not be charged to transit customers unless mutually agreed to by the Parties <br /> and approved by the Parties' respective Boards. Parking fees may be charged for non-transit <br /> parking provided that this special event parking does not conflict with transit customer use in the <br /> assigned parking lot(s). If there is a potential that a conflict will occur, the City will discuss the <br /> issues with Sound Transit in advance and reach a mutually agreed upon solution. As per the <br /> Temporary License Agreement dated June 12, 2002, the City may lease the south parking lot <br /> owned by Sound Transit. <br /> The City shall conduct an annual parking survey beginning in the spring of 2003 to determine <br /> which transit services parking customers are using at Everett Station. The survey will be <br /> coordinated with Sound Transit in advance to reach consensus on the process and information <br /> RIWAI/012804 ST M&O r@ES 2 ,- _ 15 <br />