| EXHIBIT
C: Porter Square Shopping Center Parking Mitigation Program |
| The Shopping Center has two lots - a "main lot" generally
containing approximately 345 spaces which is located adjacent to its stores and an
"Elm Street lot" generally containing approximately 54 spaces which is located
one-half block east on Elm Street. In addition, the Shopping Center will provide employee
parking off-site to the extent required in the parking mitigation program set forth below. |
| The parking mitigation program set forth in this Exhibit C may be
modified only by written agreement of Owner and the City of Cambridge. |
| A. Holiday Peak Hours. |
"Holiday Peak Hours" are defined as 11:00 AM to 5:00 PM on
the following days: Saturdays and Sundays preceding and following Labor Day and between
Thanksgiving and Christmas, and the Saturday before Easter.
During Holiday Peak Hours, Owner shall (a) provide 100 Off-Site Spaces, and (b) permit
only customer parking in the Elm Street lot and the main lot. |
| B. Normal Peak Hours |
"Normal Peak Hours" are defined as 11:00 AM to 5:00 PM on
all Saturdays, excluding any Holiday Peak Hours on Saturdays.
During Normal Peak Hours, Owner shall (a) provide 30 Off-Site Spaces (except that until
September 30, 1997, Owner shall provide 50 rather then 30 Off-Site Spaces), (b) provide 9
customer spaces in the Elm Street lot, (c) provide such car pool spaces in the Elm Street
lot as Owner may determine; and (d) permit only customer parking in the main lot. |
| C. Weekday Holiday Peak Hours. |
| "Weekday Holiday Peak Hours" are defined as 5:00 PM to
8:00 PM on the following days: Tuesday and Wednesday before Thanksgiving, Fridays between
Thanksgiving and Christmas, and any Monday, Tuesday, Wednesday or Thursday within five
days prior to Christmas. |
| During Weekday Holiday Peak Hours, the Owner will permit only
customer parking in the main lot and provide either (a) 50 Off-Site Spaces or (b) a
Credible Incentive. "Credible Incentive" means the offer of at least two (2) of
the following three (3) items with the goal of preventing 50 employees from driving to
work: (1) 100% transit subsidy; (2) 100% taxi voucher from Cambridge or Somerville which
may include shared taxis; or (3) employee pickup/shuttle. If at least two (2) of such
items are offered to all employees working during Weekday Holiday Peak Hours, the Owner
will have been deemed to have provided a Credible Incentive. |
| D. Off-Site Spaces. |
| As used herein, the term "Off-Site Spaces" shall mean
parking spaces for remote employee parking provided in one or more of the following
locations: within walking distance to the Shopping Center, at Alewife Station, and/or at
the 625 Mount Auburn Street office parking lot (in which case employees parking at 625
Mount Auburn Street will be shuttled to and from Porter Square at no expense to the
employees). |
| E. Monitoring Program: |
| Monitoring will take place at the Owner's expense, per the schedule
described below over the first two (2) years following completion of construction of all
of the planned improvements. The parking data will be summarized by location in 30-minute
increments for each lot and on-street location. Additional monitoring may take place at
the Owner's discretion to reasonably demonstrate to the City an adjustment to the required
parking. Monitoring will take place on non-inclement weather days and will count spaces in
the main lot, the Elm Street lot, and legal public spaces in the Proximate Neighborhood
(which is defined as Davenport Street; Orchard Street between Davenport and Allen; White
Street; Elm Street between Davenport Street and the Elm Street lot; Porter Road from its
southerly intersection with Massachusetts Avenue to the point where it turns northward;
and within 150 feet of Elm Street on each of Hancock Street, Burnside Avenue, and Bank
Street). It may also include monitoring of off-site lots to demonstrate that there is
excess capacity. The main lot will be considered in an "excess demand" condition
if for any two consecutive half hour increments the counts exceed either (a) 105% of
striped capacity in the main and Elm Street lots, or (b) 100% of striped capacity in the
main and Elm Street lots and 30 cars in excess of the baseline counts counted in the
Proximate Neighborhood. |
| Although White Street Place and Saginaw Avenue are private streets
and therefore not included in counts of the Proximate Neighborhood, Owner agrees to
conduct counts of space on White Street Place and Saginaw Avenue in conjunction with its
monitoring of spaces in the Proximate Neighborhood and to provide the resulting parking
counts on White Street Place and Saginaw Avenue to the Association |
| Holiday Peak: Monitoring will take place on five
days selected from the designated Holiday Peak and Weekday Holiday Peak days. This
monitoring will be conducted annually during the two year period (i.e., a total of 10
days' monitoring). |
| Normal Peak: Monitoring will take place on two
Saturdays within the same calendar month. This will occur semiannually during the two year
period, in months chosen to represent normal non-holiday conditions (i.e., a total of 8
normal peak days' monitoring). |
| Off-Peak: Monitoring will take place on one
Thursday, one Friday, and one Sunday, semiannually during the two year period. This
monitoring will take place during the same months and in conjunction with the Normal Peak
monitoring, (i.e., a total of 12 off-peak days' monitoring). |
| If such monitoring determines that there is an "excess
demand" condition, then the subsequent monitoring required hereunder shall take place
in a different month (in the case of Normal Peak and Off-Peak monitoring) or different day
(in the case of Holiday Peak monitoring) than was employed for the monitoring which
determined the "excess demand" condition. In the event that such condition was
determined in the final monitoring required hereunder, additional monitoring shall be
added at the corresponding interval of the relevant monitoring program as follows. For
Holiday Peak monitoring, one additional day of monitoring shall occur approximately one
year later. For Normal Peak monitoring, monitoring shall occur on an additional two
Saturdays in a calendar month within approximately the next six months. For Off-Peak
monitoring, one additional day of monitoring shall occur (on the same day of the week as
the day of the monitoring which determined the "excess demand" condition) within
approximately the next six months. |
| F. Adjustments to Off-Site Parking Requirements: |
| The number of Off-Site Spaces required during Holiday Peak Hours,
Normal Peak Hours, or Weekday Holiday Peak Hours, as the case may be, shall be subject to
increase or decrease as follows: |
| (a) Excess Capacity. The number of Off-Site Spaces
required may be reduced by Owner on a one-for-one basis, if it is determined through the
monitoring program that for the peak half hour demand there are excess spaces in the lots
where the Off-Site Spaces are located greater than 5% of supply. In addition, the Owner
may be permitted to reduce the number of Off-Site Spaces provided on a one-for-one basis,
if it is determined through the monitoring program that there are unused spaces in the
main lot and the Elm Street lot, in the aggregate, greater than 10% of the total number of
spaces in such lots in the aggregate. The Owner shall not reduce such Off-Site Spaces
without providing to the Cambridge Community Development Department the results of the
monitoring program demonstrating such excess capacity. |
| (b) Excess Demand. If it is determined through the
monitoring program that there is an "excess demand" condition as described
above, the Owner will take the following measures to mitigate such excess demand: If such
excess demand condition occurs during Normal Peak Hours in any calendar month, the Owner
will convert the Elm Street lot to customer use only and will either increase the number
of Off-Site Spaces for all Saturdays in that month of each year to 60 spaces, or provide a
Credible Incentive (as set forth above, but with the goal of preventing 60, rather than
50, employees from driving to work) for all Saturdays in such month of each year. If the
excess demand condition occurs during Weekday Holiday Peak Hours, the Owner will either
increase the number of Off-Site Spaces to 65 for all Weekday Holiday Peak Hours, or
provide a Credible Incentive as set forth above, but with the goal of preventing 65,
rather than 50, employees from driving to work. If the excess demand occurs during Holiday
Peak Hours, the Owner will work with the City to upgrade the traffic demand management
program, but in no event shall the Owner and its tenants, in the aggregate, be required to
increase the dollar amount being spent on the program annually, compared to annual
expenditures during the Initial Period (defined in the Memorandum of Understanding) by
more than $5,000.00 in the aggregate. If the excess demand condition occurs during the
hours of 5:00 PM to 8:00 PM on a Thursday or Friday or between 11:00 AM and 5:00 PM on a
Sunday, then during the corresponding day of each week for the calendar month in which
such excess demand was observed, for each year, the Owner will provide either 30 Off-Site
Spaces or a Credible Incentive as described above, but with the goal of preventing 30,
rather than 50, employees from driving to work (i.e., if a Friday in May showed excess
demand, the Owner would provide this mitigation for all Fridays in May). |
| G. Combination of Off-Site Spaces and Credible Incentives. |
| Notwithstanding all of the above provisions regarding Owner's
provision of either a given number of Off-Site Spaces or a Credible Incentive with a goal
of preventing a given number of employees from driving to work, Owner may provide both in
combination (only in instances where a Credible Incentive is provided for herein) provided
that the number of Off-Site Spaces, plus the number of employees which it is the goal of
the Credible Incentive to prevent from driving to work, equals the required number
otherwise applicable to either alternative. For example, if Owner is required to provide
either 50 Off-Site Spaces or a Credible Incentive with a goal of preventing 50 employees
from driving to work, Owner may provide 30 Off-Site Spaces and a Credible Incentive with
the goal of preventing 20 employees from driving to work, or any other combination which
adds up to 50. |
| H. Other Provisions. |
Handicapped employees are permitted to park in the main lot at all
times.
Additions to the supply of legal-on street Proximate Neighborhood parking spaces will not
be counted in assessing any increase in Proximate Neighborhood parking.
Provision of attended parking is acceptable as an appropriate response to excess demand or
as a Credible Incentive. The number of additional spaces provided through this means shall
reduce the requirement to provide Off-Site Spaces or a Credible Incentive on a one-for-one
basis consistent with Paragraph 7 above. The additional spaces created by this means will
not figure into calculating any excess demand measured over striped capacity. |
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