(a) Agreement, rev. 8-22-25 — San Jose City Council, August 26, 2025 (part 2 of 3)

Attachment No. 1
LEG

AL DESCRIPTION OF ARENA LAND
Real property in the City of San Jose, County of Santa Clara, State of California, described as follows:

PA
RCEL ONE:

EGINNING AT THE SOUTHEASTERLY CORNER OF PARCEL C AS SHOWN ON THE RECORD OF SURVEY RECORDED IN BOOK 124 OF MAPS, PAGE 42, SANTA CLARA COUNTY RECORDS, SAID CORNER BEING

THE INTERSECTION OF THE WESTERLY LINE OF AUTUMN STREET AND THE NORTHERLY LINE OF WEST SANTA CLARA STREET; THENCE ALONG SAID NORTHERLY LINE SOUTH 87° 05' 00" WEST, A DISTANCE OF 779.35 FEET, TO A POINT FROM WHICH THE SOUTHWESTERLY CORNER OF PARCEL 1 AS DESCRIBED IN THE DEED RECORDED DECEMBER 30, 1985, IN BOOK J561 OF OFFICIAL RECORDS, PAGE 1695, SANTA CLARA COUNTY RECORDS, BEARS NORTH 87° 05' 00" EAST, A DISTANCE OF 160.00 FEET; THENCE LEAVING SAID NORTHERLY LINE NORTH 14° 27' 03" WEST, A DISTANCE OF 162.78 FEET; THENCE NORTH 06° 34' 10" WEST, A DISTANCE OF 142.79 FEET; THENCE NORTH 15° 20' 36" WEST, A DISTANCE OF 144.81 FEET; THENCE NORTH 25° 12' 59" WEST, A DISTANCE OF 14.49 FEET; THENCE NORTH 49° 14' 45" EAST, A DISTANCE OF 37.34 FEET; THENCE NORTH 40° 41' 56" WEST, A DISTANCE OF 195.34 FEET; THENCE NORTH 34° 41' 56" WEST, A DISTANCE OF 99.45 FEET; THENCE NORTH 34° 47' 55" WEST, A DISTANCE OF 91.09 FEET TO THE NORTHEASTERLY LINE OF LANDS OF

THE SOUTHERN PACIFIC RAILROAD COMPANY, BEING ALSO THE NORTHEASTERLY LINE OF FORMER SENTER STREET; THENCE ALONG SAID NORTHEASTERLY LINE NORTH 40° 45' 15" WEST, A DISTANCE OF 167.03 TO THE SOUTHWESTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF THE 2.779 ACRE PARCEL OF LAND AS SHOWN ON THE RECORD OF SURVEY RECORDED IN BOOK 131 OF MAPS, PAGE 10, SANTA CLARA COUNTY RECORDS; THENCE ALONG SAID SOUTHWESTERLY PROLONGATION AND SAID NORTHWESTERLY LINE NORTH 49° 05' 15" EAST, A DISTANCE OF 253.00 FEET TO THE

SOUTHWESTERLY LINE OF THE PARCEL OF LAND AS DESCRIBED IN THE DEED RECORDED IN BOOK 0939 OF OFFICIAL RECORDS, PAGE 700, SANTA CLARA COUNTY RECORDS; THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 40° 44' 15" WEST, A DISTANCE OF 13.00 FEET TO THE SOUTHEASTERLY LINE OF WEST JULIAN STREET; THENCE ALONG SAID SOUTHEASTERLY LINE NORTH 49° 05' 15" EAST, A DISTANCE OF 170.00 FEET TO THE SOUTHWESTERLY LINE OF NORTH MONTGOMERY STREET; THENCE ALONG SAID SOUTHWESTERLY LINE SOUTH 40° 44' 15" EAST, A DISTANCE OF 872.58 FEET TO THE SOUTHEASTERLY LINE OF WEST ST. JOHN STREET; THENCE ALONG SAID SOUTHEASTERLY LINE NORTH 59° 48' 34" EAST, A DISTANCE OF 315.18 FEET; THENCE ALONG A TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 5.50 FEET THROUGH A CENTRAL ANGLE OF 117° 05' 03" FOR AN ARC LENGTH OF 11.24 FEET TO THE WESTERLY LINE OF AUTUMN STREET; THENCE ALONG SAID WESTERLY LINE SOUTH 03° 06' 23" EAST, A DISTANCE OF 648.89 FEET TO THE POINT OF BEGINNING.

XCEPTING THEREFROM THOSE PORTIONS THEREOF LYING WITHIN INSTRUMENTS RECORDED MAY 14, 1935 IN BOOK 730 OFFICIAL RECORDS, PAGE 225, APRIL 10, 1974 IN BOOK 0842 OFFICIAL RECORDS, PAGES 77 AND 79, JUNE 12, 1974, IN BOOK 0939, OFFICIAL RECORDS, PAGE 700, AND DECEMBER 27, 1991 IN BOOK L984 OFFICIAL RECORDS, PAGE 854 (PARCEL 44).

PA
RCEL TWO:

B
EGINNING AT A 3/4" IRON PIPE IN THE WESTERLY LINE OF MONTGOMERY STREET (60.0 FEET IN WIDTH), DISTANT THEREON SOUTH 40°09'30" EAST 119.0 FEET FROM THE POINT OF INTERSECTION WITH THE SOUTHERLY LINE OF JULIAN STREET (60.0 FEET IN WIDTH), BASIS OF BEARING BEING THE MONUMENT LINE OF SAINT JAMES STREET, SOUTH 60°06'57" WEST, AS SHOWN ON THE RECORD OF SURVEY GUADALUPE FREEWAY UNIT NO. 3 RECORDED IN BOOK 204 OF MAPS, PAGE 15; THENCE DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 1
Legal Description of Arena Land

Page 2 of 2 ends

NORTH 40°09'30" WEST 1.11 FEET; THENCE FROM A TANGENT BEARING NORTH 40°09'30" WET, ALONG A CURVE TO THE LEFT, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 30,00 FEET, THROUGH A CENTRAL ANGLE OF 58°26'56" AN ARC DISTANCE OF 30.60 FEET; THENCE SOUTH 46°24'00" WEST 115.30 FEET; THENCE SOUTH 40°09'30" EAST (DEED SOUTH 40°45' EAST) 20.13 FEET; THENCE NORTH 49°40'32" EAST (DEED NORTH 49°15' EAST) 129.40 FEET TO THE POINT OF BEGINNING.

A
PN(s): 259-28-041, 259-28-043, 259-28-044 and 259-37-060 DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 2
Site Plan of Arena Facilities

Page 1 of 1 ends

Attachment No. 2

SITE PLAN OF ARENA FACILITIES
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 3
SAP Center Boundary Exhibit

Page 1 of 1 ends

Attachment No. 3

SAP CENTER BOUNDARY EXHIBIT
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 4
Schedule of Prior Agreements

Page 1 of 1 ends

Attachment No. 4
SCH
EDULE OF PRIOR AGREEMENTS
[This exhi
bit is being updated pursuant to the City Manager’s delegated authority and will be included upon completion and mutual agreement by the parties.]
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. {21893‐0114:00573744‐1} Page 1 of 1
Attachment No. 4
SCH
EDULE OF PRIOR AGREEMENTS
Da
te Title/Description Parties
12/1/2016 Settlement Agreement and Release
(Lot E Settlement)
Sharks Sports & Entertainment LLC
City of San Jose and San Jose City
Council
Trammell Crow Company, LLC
Diridon Station Joint Venture LLC
8/15/2018 Second Amended and Restated Arena
Management Agreement
San Jose Arena Management, LLC
City of San Jose
12/4/2018 First Amendment to the Second Amended and
Restated Arena Management Agreement
San Jose Arena Management, LLC
City of San Jose
6/8/2021 Second Amendment to the Second Amended
and Restated Arena Management Agreement
San Jose Arena Management, LLC
City of San Jose
04/30/2002 Guaranty San Jose Sharks, LLC
City of San Jose
7/1/2015 Reaffirmation of Guaranty
[Attachment No. 7 to 2018 AMA]
San Jose Sharks, LLC
City of San Jose
4/4/2025 Memorandum of Understanding Regarding
Relocation of City Suite at SAP Center
San Jose Arena Management, LLC
City of San Jose
10/1/2020 Guaranty of Lease
[Attachment No. 7 to Ice Centre Lease]
Sharks Sports & Entertainment, LLC
City of San Jose
7/14/2004,
as amended
10/13/2020
Letter of Credit No. 593730‐40, in amount of
$17,630,000
Comerica Bank
Sharks Ice, LLC
City of San Jose (Department of
Finance)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 5
Schedule of Related Agreements

Page 1 of 1 ends

Attachment No. 5
SCH
EDULE OF RELATED AGREEMENTS
[This exhi
bit is being updated pursuant to the City Manager’s delegated authority and will be included upon completion and mutual agreement by the parties.]
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. {21893‐0114:10532229‐1} Page 1 of 2
Attachment No. 5
SCHEDULE OF RELATED A

GREEMENTS
Date Title/Description Parties
12/1/1991 Memorandum of Management
Agreement (Recorded in Official Records
on 4/7/1992 as Document 11305489)
San Jose Arena Management Corp.

City of San Jose
San Jose Redevelopment Agency
8/15/2018 Amendment to Memorandum of
Management Agreement (Recorded in
Official Records on on 8/16/2018 as
Document 24004426)
San Jose Arena Management, LLC
City of San Jose
7/1/2025 Amendment to Memorandum of
Management Agreement
[Per 2025 AMA Section 1.7]
San Jose Arena Management, LLC
City of San Jose
7/1/2025 Payment and Performance Guaranty
[Attachment No. 7‐1 to 2025 AMA]
Sharks Sports & Entertainment, LLC
City of San Jose
7/1/2025 Payment and Performance Guaranty
[Attachment No. 7‐2 to 2025 AMA]
San Jose Sharks, LLC
City of San Jose
7/1/2025 Agreement for the Renovation of SAP
Center at San Jose
[Attachment No 13 to AMA]
San Jose Arena Management, LLC
City of San Jose
TBD Stipulated Judgment
[Attachment No. 19 to 2025 MA]
San Jose Arena Management, LLC
Sharks Ice, LLC
City of San Jose
TBD Escrow Instructions
[Per AMA Section 38.3.2]
San Jose Arena Management, LLC
City of San Jose
10/24/1991 Hockey Use Agreement San Jose Arena Management Corp.

San Jose Sharks, L.P.
12/21/2000 Amendment to Hockey Use Agreement San Jose Arena Management Corp.

San Jose Sharks, L.P.
7/1/2015 Amendment to Hockey Use Agreement San Jose Arena Management, LLC San Jose Sharks, LLC
7/1/2025 Amendment to Hockey Use Agreement San Jose Arena Management, LLC San Jose Sharks, LLC
5/25/2021 Settlement and Release Agreement Google LLC City of San Jose
Sharks Sports & Entertainment LLC
TBD Parking Management Agreement for
Milligan Parking Lot
[Per AMA Section 19.5.1]
San Jose Arena Management, LLC
City of San Jose
TBD Arena Events Operations Manual
[Per 2025 AMA Section 23.1.5]
San Jose Arena Management, LLC
City of San Jose (Dept. of Transportation)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. {21893‐0114:10532229‐1} Page 2 of 2
7/1/2023 Venue Naming Rights Agreement San Jose Arena Management, LLC SAP Global Marketing, Inc.

TBD Freeway Sign Leases on City Properties
[Per 2025 AMA Section 17.1.4]
San Jose Arena Management, LLC
City of San Jose
3/22/2003 Covenant to Restrict Use of Property /
Environmental Use Restriction
(Recorded in Official Records on
5/23/2003 as Document 17062264)
City of San Jose
San Jose Redevelopment Agency
Department of Toxic Substances Control
Annually Acknowledgement of Terms and
Conditions of Secondary Employer
Approval by Chief of Police (including
indemnification provisions)
San Jose Arena Management, LLC
Sharks Ice, LLC
City of San Jose (Police Department)
TBD Scheduling Process Memorandum
[Per 2025 AMA Section 24.3.1]
San Jose Arena Management, LLC
City of San Jose Police Department
City of San Jose Dept. of Transportation
TBD Impoundment Procedures Memorandum
[Per 2025 AMA Section 25.3.3]
San Jose Arena Management, LLC
City of San Jose Police Department
12/23/2018 Video Surveillance Access Agreement San Jose Arena Management, LLC City of San Jose Police Department
10/1/2020 Second Amended and Restated Lease and
Management Agreement (Regarding the
Ice Centre of San Jose)
Sharks Ice, LLC
City of San Jose
10/1/2020 Memorandum of Lease (Recorded in
Official Records on 10/22/202 as
Document 24665563)
Sharks Ice, LLC
City of San Jose
7/1/2025 First Amendment to Second Amended and
Restated Lease and Management
Agreement
Sharks Ice, LLC
City of San Jose
7/1/2025 Amendment to Memorandum of Lease Sharks Ice, LLC City of San Jose
7/1/2025 Payment and Performance Guaranty
[Attachment No. 13 to First Amendment]
Sharks Sports & Entertainment, LLC
City of San Jose
7/1/2025 Payment and Performance Guaranty
[Attachment No. 14 to First Amendment]
San Jose Sharks, LLC
City of San Jose
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

ATTACHMENT NO. 6

SCHEDULE OF FINANCIAL TERMS
Fiscal Year
(7/1 to
6/30)
City Funding
for Renovation
Costs
(Due 3/1)
Manager
Funding for
Renovation
Costs
(Sample spread
over 10 yrs)
Manager
Payments for
City’s Debt
Service
(Due 4/1)
Manager
Payments
for Capital
Reserve
Fund
(Due 8/1)
City
Payments
for Capital
Reserve
Fund
(Due 8/1)
Manager
Payments
for City
Events Fund
(Due 8/1)
Manager
Payments for
Sharks
Community
Fund
(Due 8/1)
City Liquidated
Damages
(Due 60 days
after Notice of
Funding Breach)
Manager Early
Termination Fee
(Due 6/30 one
year before end
of applicable
Fiscal Year)
1 FY 25-26 7,500,000 1,420,000 2,300,000 100,000 375,000 100,000,000 2 FY 26-27 70,000,000 7,500,000 100,000 375,000 200,000,000 100,000,000 3 FY 27-28 70,000,000 7,500,000 8,333,333 100,000 375,000 190,000,000 250,702,678 4 FY 28-29 70,000,000 7,500,000 8,333,333 100,000 375,000 180,000,000 250,702,678 5 FY 29-30 70,000,000 7,500,000 8,333,333 100,000 375,000 140,000,000 239,307,102 6 FY 30-31 70,000,000 7,500,000 100,000 375,000 70,000,000 548,881,874 7 FY 31-32 7,500,000 100,000 375,000 521,437,781
8 FY 32-33 7,500,000 100,000 375,000 493,993,687
9 FY 33-34 7,500,000 500,000 100,000 375,000 366,549,593 10 FY 34-35 7,500,000 1,000,000 100,000 375,000 339,105,500 11 FY 35-36 1,500,000 100,000 375,000 311,661,406
12 FY 36-37 2,000,000 100,000 375,000 284,217,312
13 FY 37-38 2,000,000 100,000 375,000 256,773,218
14 FY 38-39 2,000,000 500,000 100,000 375,000 229,329,125 15 FY 39-40 2,000,000 1,000,000 100,000 375,000 201,885,031 16 FY 40-41 2,000,000 1,750,000 100,000 375,000 174,440,937 17 FY 41-42 2,000,000 2,250,000 100,000 375,000 146,996,843 18 FY 42-43 2,000,000 2,500,000 100,000 375,000 119,552,750 19 FY 43-44 2,000,000 2,750,000 100,000 375,000 92,108,656 20 FY 44-45 2,000,000 3,000,000 100,000 375,000 64,664,562 21 FY 45-46 2,000,000 3,090,000 100,000 375,000 37,220,469 22 FY 46-47 2,000,000 3,182,700 100,000 375,000 9,776,375 23 FY 47-48 2,000,000 3,278,181 100,000 375,000
24 FY 48-49 2,000,000 3,376,526 100,000 375,000
25 FY 49-50 2,000,000 3,477,822 100,000 375,000
26 FY50-51 100,000 375,000
Totals 350,000,000 75,000,000 25,000,000 32,420,000 32,455,230 2,600,000 9,750,000 Attachment No. 6
Schedule of Financial Terms

Page 1 of 2 ends

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 6
Schedule of Financial Terms

Page 2 of 2 ends

Notes to Schedule of Financial Terms:

1. SSE’s annual payments toward Renovation Costs may vary based on the amounts SSE determines to be needed for each phase of work, so long as SSE contributes at least $75,000,000 prior to June 30, 2035. Renovation Costs incurred by SSE prior to July 1, 2025, in an amount not to exceed $7 Million, will be counted towards SSE’s total contribution obligation.

2. Currently, major construction work is anticipated to be completed by June 30, 2033.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 7-1
SSE Guaranty

Page 1 of 10 ends

ATTACHMENT NO. 7-1

FORM OF SSE GUARANTY

PAYMENT AND PERFORMANCE GUARANTY

This PAYMENT AND PERFORMANCE GUARANTY (“Guaranty”), made effective as of July 1, 2025, is made by SHARKS SPORTS & ENTERTAINMENT LLC, a Delaware limited liability company (“Guarantor”), in favor of the CITY OF SAN JOSÉ, a California municipal corporation (“City”), with reference to the following facts:

A. Guarantor directly or indirectly owns 100% of the membership and economic interests in the following entities: (i) San Jose Arena Management, LLC (“Manager”), which operates the San Jose Arena located at 525 W. Santa Clara Street, San José, California, currently known as SAP Center; and (ii) San Jose Sharks, LLC (“SJS LLC”), which owns the San Jose Sharks NHL hockey team (“San Jose Sharks”).

B. City and Manager are parties to a Third Amended and Restated Arena Management Agreement made effective as of July 1, 2025 (“2025 AMA”), regarding the use and operation of the Arena.

Under and subject to the terms and conditions of the 2025 AMA, Manager has certain performance obligations, including (i) performing Management Duties, Ordinary Maintenance and Repairs, and Capital Repairs and Replacements, and (ii) arranging for On-Site Security Services and Off-Site Traffic Control Services. Capitalized terms used in this Guaranty but not defined herein shall have the meanings given in the 2025 AMA.

C. Manager and SJS LLC are parties to a Hockey Use Agreement da ted October 24, 1991, and amended by instruments dated December 21, 2000, July 1, 2015, and July 1, 2025 (“Hockey Use Agreement”), governing the terms and conditions upon which the San Jose Sharks NHL hockey team plays its Home Games at the Arena. Under and subject to the terms and conditions of the 2025 AMA, Manager and SJS LLC have certain performance obligations, including the obligation to ensure that during the Term of the 2025 AMA the San Jose Sharks will play most of their Home Games at the Arena.

D. Under the 2025 AMA, City and Manager have agreed to undertak e a major renovation of the interior of the Arena (“Renovation Project”), subject to the terms and conditions of an agreement (“Renovation Agreement”) between City and Manager dated concurrently with this Guaranty, which Renovation Agreement is attached to and incorporated in the 2025 AMA.

Under and subject to the terms and conditions of the Renovation Agreement, Manager has certain performance obligations, including taking the lead role in managing and implementing the Renovation Project.

E. Under and subject to the terms and conditions of the 2025 AM A (including the Renovation Agreement), Manager is obligated to provide certain payments to City and to third parties, including (i) payments of Annual Fees (including contributions to the Capital Reserve Fund, Community Events Fund and San Jose Sharks Community Fund), Taxes, and Operating Expenses (including, if necessary, sums to cover any Operating Losses); (ii) contributions towards the Renovation Costs; and (iii) if applicable, payment of the Early Termination Fee described in Section 5.2 of the 2025 AMA.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 7-1
SSE Guaranty

Page 2 of 10 ends

F. As a condition precedent to entering into the 2025 AMA, and as a material inducement for City’s commitment to pay to Manager City’s share of the Renovation Costs, City has required that Guarantor provide a current, unconditional and continuing guaranty of Manager’s payment obligations described in Paragraph E above, Manager’s performance obligations described in Paragraphs B, C and D above, and SJS LLC’s performance obligations described in Paragraph C above (collectively, the “Payment and Performance Obligations”).

NOW, THEREFORE, in consideration of City entering into the 2025 AMA and committing to pay a portion of the Renovation Costs for the Renovation Project, which consideration is of material benefit to Guarantor, Guarantor hereby absolutely and unconditionally guarantees Manager’s Payment and Performance Obligations, and City accepts such guaranty, on the following terms and conditions:

1. Continuing Guaranty of Payment and Performance Obligations.

A
. Payment or Performance by Guarantor. Subject to the conditi ons set forth in Section 1.B. below, Guarantor hereby agrees that, upon the occurrence of an Event of Default occurs (as defined in Section 38.1.1 of the 2025 AMA) with respect to any Payment and Performance Obligation, Guarantor, at its expense, shall immediately and automatically upon the occurrence thereof, and without demand by City make all payments and take all actions as may be necessary to satisfy the Payment and Performance Obligation in full, and to reimburse City for any and all damages, losses, costs and expenses incurred by City in connection with or arising from such Event of Default.

B. Guaranty Unconditional. The obligations of Guarantor under t his Guaranty shall be unconditional and absolute to the extent of its obligations under this Guaranty.

C. Legal Action not Required. City shall not be required to demand performance by Guarantor hereunder. In the event Guarantor fails to timely perform any obligation set forth in this Guaranty, then City may pursue any right or remedy available at law, or at equity, including, but not limited to, enforcement of this Guaranty by injunctive relief, specific performance, or a claim for damages. However, if City elects to pursue any such right or remedy, Guarantor agrees to reimburse City for all such costs and fees upon demand by City, subject to the terms of Paragraph 16 below.

D. Term of Guaranty. Unless earlier terminated as provided in Paragraph 2 below, the term of this Guaranty shall commence on the Commencement Date of the 2025 AMA and shall continue until all of Manager’s Payment and Performance Obligations have been fully satisfied (including any Payment and Performance Obligations that survive the termination of the 2025 AMA and Hockey Use Agreement). Guarantor shall not be released of any obligation or liability under this Guaranty so long as there is any claim against Manager for any Payment and Performance Obligation arising out of the 2025 AMA or Hockey Use Agreement that has not been settled or discharged in full.

For the avoidance of doubt, unless earlier terminated as provided in Paragraph 2 below, this Guaranty shall not terminate prior to the Termination Date.

2. Substitution of Guarantor. At any time prior to the Termination Date, Guarantor and/or Manager may request that City release Guarantor from Guarantor’s obligations under this Guaranty, subject to the following:

Attachment No. 7-1
SSE Guaranty

Page 3 of 10 ends

substitute guarantor (“Substitute Guarantor”), and (ii) provide to City such information with respect to the Substitute Guarantor as City may require. City shall not unreasonably delay, condition or withhold City’s consent to the substitution of the Substitute Guarantor. Without limiting the foregoing, provided the Substitute Guarantor executes and delivers the Replacement Guaranty (defined below) and has the qualifications and financial responsibility necessary and adequate to fulfill the Payment and Performance Obligations of Manager, as determined by City in its sole reasonable discretion, the Substitute Guarantor shall be approved by City.

B. Permitted Transfers. Notwithstanding the foregoing, if the Substitute Guarantor is a Permitted Transferee as defined in Section 2.3.4 of the 2025 AMA, then City’s approval of the Substitute Guarantor shall not be required. However, in order for Guarantor to be released, the Permitted Transferee/Substitute Guarantor must execute a Replacement Guaranty as described below.

C. Release of Guarantor. If City approves a Substitute Guarant or pursuant to Subparagraph A above, or if a Substitute Guarantor is a Permitted Transferee under the 2025 AMA, then upon such Substitute Guarantor’s execution and delivery to City of a payment and performance guaranty in a form approved by City, which approval shall be granted provided the Substitute Guarantor’s guaranty (“Replacement Guaranty”) is in substantially the same form as this Guaranty, Guarantor shall be released from Guarantor’s obligations under this Guaranty, and this Guaranty shall terminate and be of no further force or effect. Promptly following receipt of the Replacement Guaranty, City agrees to execute a document acknowledging the release of Guarantor and the termination of this Guaranty; however, City’s failure to execute such a document shall not affect the validity thereof.

3. Independent and Separate Obligations. The obligations of Guarantor under this Guaranty are independent of, and may exceed, the obligations of Manager under the 2025 AMA and Hockey Use Agreement. If City elects to bring a legal action to enforce its rights, City may choose to bring a separate action against Guarantor, whether or not any action is first or subsequently brought against Manager, or whether or not Manager is joined in any action against Guarantor. Further, Guarantor may be joined in any action by City against Manager arising out of, in connection with or based upon the 2025 AMA and Hockey Use Agreement.

4. Changes Do Not Affect Liability. Guarantor authorizes City, without notice or demand and without affecting Guarantor’s liability hereunder, from time to time to do any of the following:
(a) c
onsent to any extensions, accelerations or other changes in the time for any Payment and Pe
rformance Obligation, or consent to any other alteration of any covenant, term or condition of the 2025 AMA or Hockey Use Agreement in any respect, and to consent to any assignment, subletting or reassignment of the 2025 AMA; (b) release Manager as to all or any portion of the Payment and P
erformance Obligations; (c) substitute or add any one or more guarantors; (d) take and hold security for any Payment and Performance Obligations, or exchange, waive or release any such security; and (e) apply such security and direct the order or manner of sale thereof in accordance with the terms of the 2025 AMA and Applicable Laws. No action or inaction by City with respect to its rights, no dealing by City with Manager or any guarantor, and no change, impairment or suspension of any right or remedy of City shall be deemed to be a waiver of Guarantor’s obligations, or otherwise affect any of the obligations of Guarantor hereunder or give Guarantor any recourse against City.

5. No Discharge. Satisfaction by Guarantor of any liability ar ising hereunder relating to a particular Payment and Performance Obligation shall not discharge Guarantor except for the Payment DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 7-1
SSE Guaranty

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and Performance Obligation satisfied.

6. Waivers of Certain Rights and Defenses. Guarantor hereby wa ives and agrees not to assert or take advantage of (i) any and all defenses available to Guarantor in connection with the performance and/or existence of the obligations guaranteed hereunder, including such defenses that may arise by reason of the incapacity, lack of authority, death or disability of any person or persons; or (ii) demand, protest and notice of any kind including, without limiting the generality of the foregoing, notice of the existence, creation or incurring of any new or additional Payment and Performance Obligation or of any action or nonaction on the part of Manager, City, or Guarantor or on the part of any other person whomsoever under this or any other instrument in connection with the Payment and P
erformance Obligations. Guarantor further waives any right to (a) require City to proceed against M
anager or any other person or entity or pursue any other remedy in City's power whatsoever; (b) complain of delay in the enforcement of City's rights under the 2025 AMA; or (c) require City to proceed against or exhaust any other security, if any, held from Manager or Guarantor. Guarantor further waives any right of subrogation, and Guarantor waives any right to enforce any remedy which City now has or may hereafter have against Manager or any benefit of, or any right to participate in, any security now or hereafter held by City, unless and until all of the Payment and Performance Obligations shall have been satisfied in full. Guarantor hereby expressly waives any right (pursuant to any law, rule or arrangement or relationship) to compel City to sue under or enforce this Guaranty or any document executed in connection therewith, to proceed against or exhaust any other guarantees or to pursue any other remedy in the power of the City, and the failure of City to do so shall not exonerate, release or discharge Guarantor from its absolute, unconditional and independent performance of the obligations guaranteed hereunder whether or not they are validly enforceable against Manager, or shall have bee n
i
ncurred in compliance with any of the conditions applicable thereto. Guarantor further waives all of the rights and defenses described in Section 2856 of the California Civil Code.

7. Guarantor’s Due Diligence. Guarantor assumes full responsib ility for keeping fully informed of the financial condition of Manager and of all circumstances bearing on the risk of nonpayment or nonperformance of the Payment and Performance Obligations and all other circumstances affecting Manager’s ability to perform its obligations under the 2025 AMA and Hockey Use Agreement. Guarantor agrees that City shall have no duty to disclose to Guarantor any facts the City may now or hereafter know about Manager regardless of whether the City has reason to believe that any such facts materially increase the risk beyond that which Guarantor intends to assume or has reason to believe that such facts are unknown to Guarantor or has a reasonable opportunity to communicate such facts to Guarantor.

8. Representations and Warranties of Guarantor. Guarantor make s the following representations and warranties which shall be continuing representations and warranties until this Guaranty expires or terminates in accordance with the provisions contained herein:

A. Status and Power of Guarantor. Guarantor is a limited liabi lity company validly existing under the laws of the State of Delaware and has the corporate power and authority to own and operate its property and conduct business as it is currently being conducted. Guarantor has the power and authority to enter into, execute, deliver and perform its obligations under this Guaranty.

B. Guaranty Authorized and Binding. The execution, delivery and performance of this Guaranty are duly authorized by all requisite company action. No consent or approval of any DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 7-1
SSE Guaranty

Page 5 of 10 ends

governmental body or regulatory authority is required for the execution or delivery of the Guaranty by Guarantor or for the full effectiveness or enforceability of the Guaranty. This Guaranty constitutes a valid and legally binding obligation of Guarantor enforceable against Guarantor in accordance with its terms.

C. No Conflict. The execution and delivery of this Guaranty and the performance and observance by Guarantor of its obligations under this Guaranty will not constitute a material violation, breach, or default under any provisions of: (a) Guarantor’s limited liability company agreement; (b) any rules, bylaws or constitution of the National Hockey League or American Hockey League; (c) any terms of the franchise agreements with the National Hockey League or the American Hockey League; (d) any governmental order, judgment, decree or court order expressly binding Guarantor; or (e) any other contract, agreement, indenture or undertaking or other instrument to which Guarantor is a party or by which it or any of its property is or may be bound or affected.

9. Cumulative Rights. The amount of Guarantor’s liability and all rights, powers a nd
remedies of the City hereunder are cumulative and shall be in addition to all remedies given to the City by law or any other agreement. This Guaranty is in addition to and exclusive of the guaranty of any other guarantor of any payment or performance obligations of Manager to the City.

10. Successive Actions. The City’s rights hereunder shall not be exhausted by its exercise of any of its rights or remedies or by any action or by any number of successive actions until and unless all sums owing to the City and all obligations to be performed for the benefit of City in connection with the Payment and Performance Obligations have been paid in full.

11. Status of Manager. Except as provided in this Guaranty, no change of ownership in or legal title to Manager shall affect or change or discharge the obligations of Guarantor hereunder.

12. Successors and Assigns. Subject to the terms of Section 2 above, including the conditions applicable to City’s approval of a proposed Substitute Guarantor, this Guaranty shall inure to the benefit of City its successors and assigns and shall be binding on Guarantor and its successors and assigns.

13. Amendments; Waiver. No supplement, modification or amendment of this Guaranty shall be binding unless executed in writing by the City and Guarantor. No waiver of any of the provisions of this Guaranty shall be deemed or shall constitute a waiver of any other provision whether or not similar, nor shall any waiver constitute a continuing waiver. No provisions of this Guaranty or right of a party hereunder may be waived except by a writing duly executed by such party.

14. Time. Time is of the essence of this Guaranty.
1 5. Governing Law. This Guaranty shall be governed by and cons trued in accordance with the laws of the State of California, excluding the laws and rules related to the conflict of laws. In the event that suit shall be brought by either party hereunder, the parties agree that the trial of such action shall be exclusively vested in a State court in the County of Santa Clara or, where appropriate, in the United States District Court for the Northern District of California, San José , California.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 7-1
SSE Guaranty

Page 6 of 10 ends

16. Attorneys’ Fees and Collection Costs . If any lawsuit or legal proceeding is commenced which arises out of or which relates to this Guaranty, the prevailing party in such lawsuit or legal proceeding shall be entitled to recover from the other party such sums as the court may adjudge to be reasonable attorneys’ fees and costs incurred in the action or proceeding. Guarantor further agrees to pay all costs and expenses, including reasonably attorneys’ fees, which may be incurred by City in any effort to collect or enforce any of the obligations of the Guarantor hereunder, whether or not any lawsuit is filed, including, without limitation, all costs and attorneys’ fees incurred by City in any bankruptcy proceeding (including, without limitation, any action for relief from the automatic stay of any bankruptcy proceeding) and in any judicial or nonjudicial foreclosure action. Such amounts shall bear interest from the date of expenditure until paid, at the highest rate permitted by law.

17. Notices. Unless otherwise provided herein, any notice to b e given hereunder by either party to the other party shall be in writing and shall be delivered by one of the following methods: (i) personal delivery, including messenger service or overnight courier; (ii) registered or certified mail, postage prepaid, return receipt requested; or (iii) any other delivery method allowed by law. Such notice shall be deemed delivered upon receipt or refusal to accept delivery at the addresses specified below, provided with respect to any notice delivered by email, receipt may not be evidenced by an email reply that is automatically generated. Each party may change its address by written notice given in accordance with this Paragraph 17:

To Guarantor:

Sharks Sports & Entertainment LLC
525 West Santa Clara Street
San José , CA 95113
Attention: General Counsel
To City:

Office of City Manager
200 E. Santa Clara St., 17
th Floor
San José , CA 95113
Attn: Director of Real Estate
With a copy to:

Director of Finance
200 E. Santa Clara St., 13
th Floor
San José , CA 95113
Attn: Debt Management
And a copy to:

Office of City Attorney
200 E. Santa Clara St., 16
th Floor
San José , CA 95113
Attn: Real Estate Attorney
And a copy to:

San Jose Arena Authority
525 West Santa Clara St.

San José , CA 95113
Attn: Executive Director
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 7-1
SSE Guaranty

Page 7 of 10 ends

18. Estoppel Certificate; Further Assurances. Guarantor, promptly from time to time upo n request by City, shall execute and deliver to the City (a) an estoppel certificate containing such true and accurate information as the City may reasonably request, and (b) such further instruments or documentation as the City may reasonably consider necessary or desirable to ratify and confirm the continuing liability of Guarantor hereunder.

19. Miscellaneous. This Guaranty constitutes the entire agreem ent of the Guarantor wit h
respect to the matter set forth herein. The invalidity or unenforceability of any one or more provisions of this Guaranty shall not affect the validity or enforceability of its remaining provisions. Captions are for the ease of reference only and shall not affect the meaning of the relevant provisions. When the context and construction so require, all words used in the singular herein shall be deemed to have been used in the plural and the masculine shall include the feminine and neuter and vice versa. The word “person” as used herein shall include any individual, company, firm, association, partnership, corporation, trust or other legal entity of any kind whatsoever. The word “including” shall mean “including without limitation.”

20. Counterparts; Multiple Originals. This Guaranty may be executed and delivered i n multiple original counterparts, by fax or “PDF” sent by e-mail or similar means of electronic communication, each of which shall constitute a counterpart original and all of which together shall constitute one complete, binding document. Any signatures (including electronic signatures) delivered by electronic communication shall have the same legal effect as physically delivered original signatures. [Signatures appear on next page]
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 7-1
SSE Guaranty

Page 8 of 10 ends

SIGNATURES TO GUARANTY
E
xecuted at San José , California, as of the date first written above.

SHARKS SPORTS & ENTERTAINMENT LLC
a Delaware limited liability company
By: _______________________________
Jonathan D. Becher
President
AGREED AND ACCEPTED:

CITY OF SAN JOSÉ
a California municipal corporation
By: _____________________________________
Print Name: ______________________________
Its: _____________________________________
APPROVED AS TO FORM:

By: _____________________________________
Cameron Day
Senior Deputy City Attorney
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 7-2
SJS Guaranty

Page 1 of 9 ends

ATTACHMENT NO. 7-2

FORM OF SJS GUARANTY

PAYMENT AND PERFORMANCE GUARANTY
Th
is PAYMENT AND PERFORMANCE GUARANTY (“Guaranty”), made effective as of July 1, 2025, is made by SAN JOSE SHARKS, LLC, a Delaware limited liability company (“Guarantor”), in favor of the CITY OF SAN JOSÉ, a California municipal corporation (“City”), with reference to the following facts:

A. Guarantor owns the San Jose Sharks NHL hockey team (“San Jose Sharks ”).

B. San Jose Arena Management, LLC (“ Manager”), operates the San Jose Arena located at 525 W.

Santa Clara Street, San José, California, currently known as SAP Center (“Arena”) pursuant to a Third Amended and Restated Arena Management Agreement between City and Manager made effective as of July 1, 2025 (“2025 AMA”). Under and subject to the terms and conditions of the 2025 AMA, Manager has certain performance obligations, including (i) performing Management Duties, Ordinary Maintenance and Repairs, and Capital Repairs and Replacements, and (ii) arranging for On-Site Security Services and Off-Site Traffic Control Services. Capitalized terms used in this Guaranty but not defined herein shall have the meanings given in the 2025 AMA.

D. Under the 2025 AMA, City and Manager have agreed to undertak e a major renovation of the interior of the Arena (“Renovation Project”), subject to the terms and conditions of a n
ag
reement (“Renovation Agreement”) between City and Manager dated concurrently with this Guaranty, which Renovation Agreement is attached to and incorporated in the 2025 AMA.

F. As a condition precedent to entering into the 2025 AMA, and as a material inducement for City’s commitment to pay to Manager City’s share of the Renovation Costs, City has required that Guarantor provide a current, unconditional and continuing guaranty of Manager’s payment DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 7-2
SJS Guaranty

Page 2 of 9 ends

obligations described in Paragraph E above, Manager’s performanc e obligations described in Paragraphs B, C and D above, and SJS LLC’s performance obligations described in Paragraph C above (collectively, the “Payment and Performance Obligations”).

1. Continuing Guaranty of Payment and Performance Obligations.

A
. Payment or Performance by Guarantor. Subject to the conditi ons set forth in Section 1.B. below, Guarantor hereby agrees that, upon the occurrence of an Event of Default occurs (as defined in Section 38.1.1 of the 2025 AMA) with respect to any Payment and Performance Obligation, then Guarantor, at its expense, shall immediately and automatically upon the occurrence thereof, and without demand by City make all payments and take all actions as may be necessary to satisfy the Payment and Performance Obligation in full, and to reimburse City for any and all damages, losses, costs and expenses incurred by City in connection with or arising from such Event of Default.

B. Guaranty Unconditional. The obligations of Guarantor under this Guaranty shall be unconditional and absolute to the extent of its obligations under this Guaranty.

C. Legal Action not Required. City shall not be required to demand payment or performance by Guarantor hereunder. In the event Guarantor fails to timely perform any obligation set forth in this Guaranty, then City may pursue any right or remedy available at law, or at equity, including, but not limited to, enforcement of this Guaranty by injunctive relief, specific performance, or a claim for damages. However, if City elects to pursue any such right or remedy, Guarantor agrees to reimburse City for all such costs and fees upon demand by City, subject to the terms of Paragraph 16 below.

For the avoidance of doubt, unless earlier terminated as provided in Paragraph 2 below, this Guaranty shall not terminate prior to the Termination Date.

A. Conditions of City’s Approval. Guarantor and Manager shall subm it to City a written request for such release, in which request Manager and Guarantor shall (i) identify a proposed substitute guarantor (“Substitute Guarantor”), and (ii) provide to City such information with respect to the Substitute Guarantor as City may require. City shall not unreasonably delay, condition or withhold DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 7-2
SJS Guaranty

Page 3 of 9 ends

City’s consent to the substitution of the Substitute Guarantor. Without limiting the foregoing, provided Substitute Guarantor executes and delivers the Replacement Guaranty (defined below) and has the qualifications and financial responsibility necessary and adequate to fulfill the Payment and Performance Obligations of Manager, as determined by City in its sole reasonable discretion, the Substitute Guarantor shall be approved by City.

B. Permitted Transfers. Notwithstanding the foregoing, if the Subs titute Guarantor is a Permitted Transferee as defined in Section 2.3.4 of the 2025 AMA, then City’s approval of the Substitute Guarantor shall not be required. However, in order for Guarantor to be released, the Permitted Transferee/Substitute Guarantor must execute a Replacement Guaranty as described below.

C. Release of Guarantor. If City approves a Substitute Guarant or pursuant to Subparagraph A above, or if a Substitute Guarantor is a Permitted Transferee, then upon such Substitute Guarantor’s execution and delivery to City of a payment and performance guaranty in a form approved by City, which approval shall be granted provided the Substitute Guarantor’s guaranty (“Replacement Guaranty”) is in substantially the same form as this Guaranty, Guarantor shall be released from Guarantor’s obligations under this Guaranty, and this Guaranty shall terminate and be of no further force or effect. Promptly following receipt of the Replacement Guaranty, City agrees to execute a document acknowledging the release of Guarantor and the termination of this Guaranty; however, City’s failure to execute such a document shall not affect the validity thereof.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 7-2
SJS Guaranty

Page 4 of 9 ends

6. Waivers of Certain Rights and Defenses. Guarantor hereby wa i ves and agrees not to assert or take advantage of (i) any and all defenses available to Guarantor in connection with the performance and/or existence of the obligations guaranteed hereunder, including such defenses that may arise by reason of the incapacity, lack of authority, death or disability of any person or persons; or (ii) demand, protest and notice of any kind including, without limiting the generality of the foregoing, notice of the existence, creation or incurring of any new or additional Payment and Performance Obligation or of any action or nonaction on the part of Manager, City, or Guarantor or on the part of any other person whomsoever under this or any other instrument in connection with the Payment and P
erformance Obligations. Guarantor further waives any right to (a) require City to proceed against M
anager or any other person or entity or pursue any other remedy in City's power whatsoever; (b) complain of delay in the enforcement of City's rights under the 2025 AMA; or (c) require City to proceed against or exhaust any other security, if any, held from Manager or Guarantor. Guarantor further waives any right of subrogation, and Guarantor waives any right to enforce any remedy which City now has or may hereafter have against Manager or any benefit of, or any right to participate in, any security now or hereafter held by City, unless and until all of the Payment and Performance Obligations shall have been satisfied in full. Guarantor hereby expressly waives any right (pursuant to any law, rule or arrangement or relationship) to compel City to sue under or enforce this Guaranty or any document executed in connection therewith, to proceed against or exhaust any other guarantees or to pursue any other remedy in the power of the City, and the failure of City to do so shall not exonerate, release or discharge Guarantor from its absolute, unconditional and independent performance of the obligations guaranteed hereunder whether or not they are validly enforceable against Manager, or shall have been i
ncurred in compliance with any of the conditions applicable thereto. Guarantor further waives all of the rights and defenses described in Section 2856 of the California Civil Code.

B. Guaranty Authorized and Binding. The execution, delivery and performance of this Guaranty are duly authorized by all requisite company action. No consent or approval of any governmental body or regulatory authority is required for the execution or delivery of the Guaranty by Guarantor or for the full effectiveness or enforceability of the Guaranty. This Guaranty constitutes a DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 7-2
SJS Guaranty

Page 5 of 9 ends

valid and legally binding obligation of Guarantor enforceable ag ainst Guarantor in accordance with its terms.

11. Status of Manager. Except as provided in this Guaranty, no change of ownership in or legal title to Manager shall affect or change or discharge the obligations of Guarantor hereunder.

Attachment No. 7-2
SJS Guaranty

Page 6 of 9 ends

reasonable attorneys’ fees and costs incurred in the action or proceeding. Guarantor further agrees to pay all costs and expenses, including reasonably attorneys’ fees, which may be incurred by City in any effort to collect or enforce any of the obligations of the Guarantor hereunder, whether or not any lawsuit is filed, including, without limitation, all costs and attorneys’ fees incurred by City in any bankruptcy proceeding (including, without limitation, any action for relief from the automatic stay of any bankruptcy proceeding) and in any judicial or nonjudicial foreclosure action. Such amounts shall bear interest from the date of expenditure until paid, at the highest rate permitted by law.

To Guarantor:

San Jose Sharks, LLC
525 West Santa Clara Street
San José , CA 95113
Attention: General Counsel
To City:

Office of City Manager
200 E. Santa Clara St., 17
th Floor
San José , CA 95113
Attn: Director of Real Estate
With a copy to:

Director of Finance
200 E. Santa Clara St., 13
th Floor
San José , CA 95113
Attn: Debt Management
And a copy to:

Office of City Attorney
200 E. Santa Clara St., 16
th Floor
San José , CA 95113
Attn: Real Estate Attorney
And a copy to:

San Jose Arena Authority
525 West Santa Clara St.

San José , CA 95113
Attn: Executive Director
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 7-2
SJS Guaranty

Page 7 of 9 ends

Attachment No. 7-2
SJS Guaranty

Page 8 of 9 ends

SIGNATURES TO GUARANTY
E
xecuted at San José , California, as of the date first written above.

SAN JOSE SHARKS, LLC
a Delaware limited liability company
By: _______________________________
Jonathan D. Becher
President
AGREED AND ACCEPTED:

By: _____________________________________
Cameron Day
Senior Deputy City Attorney
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 8
Non-Discrimination Policy

Page 1 of 1 ends

Attachment No. 8

NON-DISCRIMINATION POLICY

Consistent with applicable City, State and Federal law, Manager has adopted the following equal employment opportunity and non-discrimination policies:

1. Manager is an equal opportunity employer. Manager will not discriminate and will take appropriate measures to ensure against discrimination against any employee or job applicant on the basis of race, color, religion, national origin, ancestry, age, sex, disability, marital status, medical condition, gender, gender identity, gender expression, military/veteran status, genetic information or sexual orientation in connection with employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

For this purpose, “a ppropriate measures ” shall mean (a) establishing a clear policy of nondiscrimination in employment, (b) posting Manger’s policy of nondiscrimination as provided in paragraph 2 below, (c) providing EEO training for all employees who are involved in Manager’s recruitment and hiring efforts, (d) stating in all advertisements for employment that Manager is an equal opportunity employer, and (e) advising all recruitment agencies that Manager uses that Manager is an equal opportunity employer.

2. Manager agrees to post in conspicuous places available to employees and applicants for employment a notice stating substantially the following:
“Manager does not and shall not discriminat e against any person b ecause of race, color, religion, national origin, ancestry, age, sex, disability, marital status, medical condition, gender, gender identity, gender expression, military/veteran status, genetic information or sexual orientation, in connection with Manager’s employment activities, including but not limited to hiring , upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.”
However, if Manager is required by any federal or state law, order, rule or regulation to post a similar notice, such posting shall satisfy the requirements hereof.

3. Manager will, in advertisements for employees placed by or on behalf of Manager, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, national origin, ancestry, age, sex, disability, marital status, medical condition, gender, gender identity, gender expression, military/veteran status, genetic information or sexual orientation, or in lieu thereof that Manager is an equal opportunity employer.

4. Manager will send a notice to each labor union or representative of workers with which it has a collective bargaining agreement , advising the labor union or workers’ representative of Manager’s nondiscrimination commitments hereunder , and shall post copies of the notice in conspicuous places available to employees and applicants for employment . However, if Manager is required by any federal or state law, order, rule or regulation to transmit a similar notice to such labor organization, such transmittal shall satisfy the requirements hereof.

5. Manager shall include provisions similar to those specified in the above paragraphs 1 through 4, inclusive, in each construction subcontract which exceeds Twenty Thousand Dollars ($20,000.00) so that each such subcontractor will be required in the performance of his/her subcontract to take the same actions as is required of Manager.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 9
Alcohol Advertising Plan Eff July 1, 2025

Page 1 of 2 ends

Attachment No. 9

ALCOHOL ADVERTISING PLAN
Effective Date: July 1, 2025

1. INTRODUCTION. This Plan for Advertising of Alcoholic Beverages (“Plan”) is a part of the Second Amended and Restated Arena Management Agreement (“AMA”) between the City of San Jose (“City”) and San Jose Arena Management (“Manager”), and addresses the advertising of alcoholic beverages at the Arena. As used in this Plan, the following terms have the meanings given below:
• “Beer and Wine” means fermented alcoholic beverages, including malt beverages such as alcoholic ciders, alcoholic lemonades and wine coolers; and • “Distilled Spirits” means distilled alcoholic beverages, which includes (i) beverages that are fermented and then distilled, and have at least 20% alcohol by volume, such as whiskey, brandy, gin, vodka, rum, tequila, and liqueurs, and (ii) beverages containing distilled beverages (e.g., fortified wine).
• “Legal Age” means the age at which a person may legally purchase or consume alcoholic beverages in the State of California, which as of the Effective Date of this Plan is 21 years.

2. APPLICABLE COMMUNITY STANDARD. Under the AMA, the advertising of alcoholic beverages must comply with the “Applicable Community Standard” which is defined as a standard equal to comparable major arenas or stadiums in the San Francisco Bay Area. • Based on a survey of such comparable facilities and policies adopted by the National Hockey League as of the Effective Date of this Plan, it has been determined that the Applicable Community Standard does not warrant different advertising requirements for Distilled Spirits than for Beer and Wine , except as provided below.
• The provisions set forth is paragraphs 3 through 6 below are deemed to reflect and implement the Applicable Community Standard as of the Effective date with respect to the advertising of Beer and Wine as well as Distilled Spirits.

3. GENERAL PROHIBITIONS. In general, no advertising or “sponsor activation” of alcoholic beverages (whether in the Beer and Wine category or in the Distilled Spirits category) may do any of the following:
• Target or intend to appeal to those under the Legal Age; • Encourage the consumption of alcohol (although promotion of brand preference is permissible);
• Depict the consumption of alcohol;
• Portray activities attractive primarily to persons under the Legal Age; • Promote the irresponsible or illegal use of alcohol;
• Associate alcohol with social or personal achievement; • Associate alcohol with motor vehicles or other activities requiring significant skill or care; and/or
• Otherwise violate Applicable Laws.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 9
Alcohol Advertising Plan Eff July 1, 2025

Page 2 of 2 ends

4. SPECIFIC PROHIBITIONS. Consistent with the foregoing general standards, the following specific prohibitions shall apply to alcoholic beverage advertising placement:
• There shall be no advertising or promotion of any alcoholic beverages on or in connection with website pages or other activities or programming intended for fans under the Legal Age (e.g., kids’ clubs, mascot activities, hockey skills, and youth and amateur hockey coverage and programming).
• No alcoholic beverage branded apparel shall be sold in any child sizes.

5. ADDITIONAL REQUIREMENTS FOR DISTILLED SPIRITS. Additionally, the following specific requirements shall apply to advertising content for Distilled Spirits (but not Beer and Wine):
• A minimum of 15% of each distilled alcoholic beverage sponsor’s activation (across all media utilized by the sponsor in connection with Arena Events) per Term Year must promote a responsible consumption message (e.g., designated driving). • Distilled alcoholic beverage sponsors may not promote a call to action message that encourages consumption in its activation (e.g., use of a slogan like “take a shot”). 6 PERMISSIBLE SPONSORSHIP ACTIVATION. Subject to the foregoing rules and requirements, Manager may allow sponsors to engage in the following representative areas of sponsorship activation in either the Beer and Wine category or the D istilled Spirits category (although this is not a comprehensive list):
• Co-branded line-of-sight advertising (e.g., dasher boards and scoreboard); • In-Arena advertising on fixed signage in all public areas where alcoholic beverages are lawfully permitted to be sold or consumed;
• In-Arena advertising on digital displays where at least 75% of the viewers are expected to be above the Legal Age;
• In-Arena sponsorship activation and promotions to the extent intended for participants above the Legal Age (e.g., age verification requirement for participation in a promotion); • Co-branded premium items that would not appeal primarily to consumers under the Legal Age (e.g., glassware, but not toys, stickers or trading cards); • Team branding on distilled alcoholic beverage bottle label, inscription, embossing, engraving, etching or other similar product application as part of a limited edition or limited release program;
• Co-branded point-of-sale items targeted to consumers above the Legal Ag and located where alcoholic beverages are permitted to be sold (e.g., neon signs, mirrors, posters, signage, glassware, coasters, refrigerator magnets, beverage dispensers/taps, buttons/pins, menus, wait-staff apparel);
• Advertising on team websites and other media without time restriction; and • Advertising on mobile sites and mobile applications.

7. CITY APPROVAL REQUIRED FOR CHANGES. Manager shall not allow advertising of alcoholic beverages on or about the Arena in violation of this Plan, or make any changes to this Plan, without the prior written consent of the City Manager, which consent shall not be unreasonably withheld if the City Manager is satisfied that such advertising would otherwise conform to the Applicable Community Standard then in effect.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 10
Exterior and Freeway Signage Schedule

Page 1 of 4 ends

Proposed, subject to Staff Review and Approval by City Council Street Frontage – Corner of W Santa Clara Street & Barack Obama Boulevard (South Entrance)

Street Frontage – W Santa Clara Street
Category Location Description Sign Type Quantity Installation Illumination Refresh Rate
Approximate
Sizing
Sign Building
Entrance
Venue Name Channel
Letters/ Logo
1 Set Attached to
Building
Yes N/A Max 12’ H x 48’
W
Sign Columns Column Wraps Static 7 Attached to
Columns
Yes N/A 145sf each
Sign Stairs Stair Stringer
Banners
Banner 1 On Stairs Yes N/A 280sf
Sign Sharks Store
Entrance
Store Name Channel
Letters
1 Attached to
Building
Yes N/A 90sf
Sign Lounge
Entrance
Sharks Logo &
Entry Name
Decal and
Channel
Letters
2 Attached to
Building
Yes N/A 20sf
Sign Club Entrance Sharks Logo &
Entry Name
Decal and
Channel
Letters
1 Attached to
Building
Yes N/A 20sf
Sign Parking Lot
Entrance
Parking Static
(Double-
sided)
2 Freestanding Yes N/A 126sf per side
252sf total
Sign Future Club
Entrance
Sponsor Logo
& Entry Name
Decal and
Channel
Letters
1 Attached to
Building
Yes N/A 20sf
Sign Southwest
Corner
Commercial
Advertising
Digital 1 Attached to
Building
Yes Full Motion Up to 8,500sf
Category Location Description Sign Type Quantity Installation Illumination Refresh Rate
Approximate
Sizing
Sign Building
Entrance
Venue Name Channel
Letters/
Logo
1 Set Attached to
Building
Yes N/A Max 12’ H x 72’
W
Sign Building
Entrance
Sponsor
Signage
Banners 3 Hanging Over
Entries
No N/A 60sf each
Sign Building
Entrance
City Name Channel
Letters
1 Freestanding Yes N/A 35sf
Sign Building
Entrance
Commercial
Advertising
Digital 1 Attached to
Building
Yes Full Motion Up to 11,000sf
Lighting Building
Entrance and
Building
Facade
Illumination
Bars/Color
Kinetic Lighting
Dynamic
Color
Changing
LED
N/A Attached to
Building
Yes N/A N/A
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 10
Exterior and Freeway Signage Schedule

Page 2 of 4 ends

Sign Bumpout Commercial
Advertising
Digital 1 Attached to
Building
Yes Full Motion Up to 2,000sf
Lighting Bumpout and
Building
Facade
Illumination
Bars/Color
Kinetic Lighting
Dynamic
Color
Changing
LED
N/A Attached to
Building
Yes N/A N/A

Street Frontages – W Julian Street/Parking Lot (North Entrance), N Montgomery Street and W St John Street Category Location Description Sign Type Quantity Installation Illumination Refresh Rate
Approximate
Sizing
Sign Building
Entrance
Venue Name Static Panel 1 Attached to
Building
Yes N/A 1,006sf
Sign Building
Entrance
Sponsor
Signage
Banners 3 Hanging Over
Entries
No N/A 60 sf each
Sign Building
Entrance
Sponsor
Signage
Banners 2 Attached to
Building
Yes N/A 1,748sf each
3,496 total
Sign Future Club
Entrance
Sponsor Logo &
Entry Name
Decal and
Channel
Letters
1 Attached to
Building
Yes N/A 20sf
Sign Columns Column Wraps Static 2 Attached to
Columns
Yes N/A 145sf each
Sign Doors Door Coverings Static 2 Attached to
Doors
Yes N/A 450sf total
Sign Stairs Stair Stringer
Banners
Banners 2 On Stairs Yes N/A 165sf each
330sf total
Sign Bumpouts Commercial
Advertising
Digital 2 Attached to
Building
Yes Full
Motion
Up to 2,000sf
Sign Building
Entrance,
Building
Facade and/or
Parking Lot
Event
Projection
Projection 1 Temporary
(during events
and/or
activations)
Yes Full
Motion
N/A
Sign Parking Lot Parking Lot
Entrance
Static
(Double-
sided)
4 Freestanding Yes N/A 210sf per side
420sf total per
sign
Lighting Building
Entrance,
Bumpouts and
Building
Facade
Illumination
Bars/Color
Kinetic Lighting
Dynamic
Color
Changing
LED
N/A Attached to
Building
Yes N/A N/A

Street Frontage – W Barack Obama Blvd
Category Location Description Sign Type Quantity Installation Illumination Refresh Rate
Approximate
Sizing
Sign Ticketing
Area
Ticketing Banner 1 Hanging Over
Ticketing Entry
No N/A 60sf
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 10
Exterior and Freeway Signage Schedule

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Sign Future
Club
Entrance
Sponsor Logo &
Entry Name
Decal and
Channel
Letters
1 Attached to
Building
Yes N/A 20sf
Sign Columns Column Wraps Static 6 Attached to
Columns
Yes N/A 145sf each
Sign Stairs Stair Stringer
Banners
Banner 1 On Stairs Yes N/A 280sf
Sign Bumpout Commercial
Advertising
Digital 1 Attached to
Building
Yes Full
Motion
Up to 2,000sf
Lighting Bumpout
and
Building
Facade
Illumination
Bars/Color
Kinetic Lighting
Dynamic
Color
Changing
LED
N/A Attached to
Building
Yes N/A N/A

Parking Lots
Category Location Description Sign Type Quantity Installation Illumination Refresh Rate
Approximate
Sizing
Sign Parking Lots Parking Lot
Banners
Banners Up to 40 (in
sets of 3)
Mounted on
Light Standards
No N/A 21sf each
Up to 3,360sf
total
Sign Parking Lots EV Charging
Station Signs
Digital 10 (Double-
sided)
Freestanding
charging
stations w/
digital screens.

Yes Full
Motion
55” (measured
diagonally) each
screen

Roof
Category Location Description Sign Type Quantity Installation Illumination Refresh Rate
Approximate
Sizing
Sign Roof Venue
Name/Team
Name/Logo
Roof Sign 2 Attached to
Roof
Yes N/A Up to 25,000sf
total

Freeway Signs
Category Location Description Sign Type Quantity Installation Illumination Refresh Rate
Approximate Sizing
Sign Non-
contiguous
parcels along
freeway*
Freeway Signs Digital 2 (Multi-
sided)
Freestanding Yes Minimum
of 6
seconds
Up to 3,000sf per
side per sign

150’ maximum
height from base
of sign support
structure to top of
sign
*Exact locations are to be determined by Manager, subject to compliance with Caltrans requirements and all other provisions of Section 17 of the Agreement. At Manager's election, one or both Freeway Signs may be located on the City-owned sites listed in Council Policy 6-4 that are reserved for Manager's use, identified therein as APN 101-03-009 at 2500 Seaboard Avenue; and APN 230-37-020 at Hwy 87 and West Hedding Street.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 10
Exterior and Freeway Signage Schedule

Page 4 of 4 ends

Miscellaneous Signs
1) Signage not to exceed 20 sf each may be installed at entrances along “Sharks Alley” between Parking Lots and Building, and other areas where signs are not visible from public streets.
2) Directional/Wayfinding signs may be installed at various locations. 3) Code-required signs including accessible parking spaces may be installed at various locations per code.

Notes
1) All signs are static unless otherwise indicated.
2) All illuminated signs may operate 24 hours per day and must comply with SJMC lighting standards. Any digital signage must be dimmed between the hours of sunset and sunrise.
3) Signs inside the Arena Building that are visible from the exterior are not considered exterior signs for purposes of this Plan. 4) All signs listed in this Exterior and Freeway Signage Plan shall be submitted to the Director of Planning for final approval subject to a Project Permit Compliance review to confirm conformance to this Plan. Any minor modifications to the details listed herein may be approved by the Director of Planning through the Project Permit Compliance review. 5) This Exterior and Freeway Signage Plan may be amended with the approval of the City Manager. 6) This Exterior and Freeway Signage Plan includes all signs that may potentially be placed on the Arena Land, and subsumes the two signs that may be placed on the Arena Land under Council Policy 6-4, identified therein as APN 259-28-043 at 525 W. Santa Clara St.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 11-1
Map of Delmas East and Delmas West

Page 1 of 1 ends

Attachment No. 11-1

MAP OF DELMAS EAST AND DELMAS WEST

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 11-2
Map of Lot E and Milligan

Page 1 of 1 ends

Attachment No. 11-2

MAP OF LOT E AND MILLIGAN

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 12
Baseline TPMP Costs

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Attachment No. 12

BASELINE TPMP COSTS

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 13
Arena TPMP

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Attachment No. 13
ARENA TRANSPORTATION AND PARKING MANAGEMENT PLAN (TPMP) [This exhibit is being updated pursuant to the City Manager’s delegated authority and will be included upon completion and mutual agreement by the parties.] DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment 13 added in its entirety beginning on the following page.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. {21893‐0114:00573651‐1}00571989‐1}
SAP Center
Transportation & Parking Management Plan
7th Edition
DEPARTMENT OF TRANSPORTATION
JULY 1, 2025
Attachment No. 13
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

SAP CENTER – TPMP TABLE OF CONTENTS
{21893‐0114:00573651‐1}
EXE
CUTIVE SUMMARY
SECTION I. INTRODUCTION
A. Background
B. Purpose
C. Goals and Objectives
SECTION II. FACILITY DESCRIPTION
SECTION III. OPERATING BUDGET
SECTION IV. KEY ORGANIZATIONS AND FUNCTIONS
A. San Jose Arena Authority (SJAA)
B. Arena Events Operations Committee (AEOC)
SECTION V. TRAFFIC OPERATIONS AND MANAGEMENT
A. Traffic Mitigation
B. Traffic Management Center
C. Traffic Signal Management Program (TSMP)
D. Traffic Characteristics
E. Traffic Circulation
F. Operations Plans
G. Police Traffic Control
H. Temporary Street Closures and Access Restrictions
I. Static Guide Signs
J. Passenger Loading Zones (including for TNC rideshare services) K. Limousines and Charter Buses
L. Pedestrian Corridors
M. Bicycle Facilities
N. Public Transit
O. Coordination of Simultaneous Events at the Arena Green P. Public Information Program
Q. Public Security Program
SECTION VI. PARKING OPERATIONS AND MANAGEMENT
A. Residential Permit Parking Program
B. Parking Staff Allocation
C. Parking Operation Characteristics and Special Parking Needs D. Dynamic Message Signs and Static Guide Signs
E. Charter Bus Parking
F. Limousine Parking
G. Employee Parking
H. Parking Inventory
I. Public Outreach
SECTION VII. MONITORING AND FUTURE UPDATES
SECTION VIII. CONCLUSION
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

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EXECUTIVE

SUMMARY
Section I ‐ Introduction
A. Background
This Transportation and Parking Management Plan (“TPMP”) represents the continuing commitment of the City of San Jose (“City”) to develop and implement an effective transportation and parking management plan for the City‐owned arena located at 525 W. Santa Clara Street in San Jose, currently known as SAP Center at San Jose (“ SAP Center”). The TPMP is referenced as Attachment No. 13 of the Third Amended and Restated Arena Management Agreement (“AMA”) dated as of July 1, 2025, between the City and San Jose Arena Management, LLC (“SAP Center Management” or “Manager”).

B. Purpose
The pu
rpose of this TPMP is to establish event traffic and parking management strategies for SAP Center that:
(1) Promote safe, efficient and effective vehicular and pedestrian traffic circulation (2) Provide convenient and easy access to and from area parking facilities (3) Minimize traffic congestion on surrounding roadway facilities (4) Minimize traffi c and parking intrusion into surrounding business and neighborhood communities C. Goals and Objectives
The City, the Arena Authority, and SAP Center Management have mutually agreed to the following goals and objectives with regards to development of this TPMP:
(1) Ensure that all public and private improvements to transportation related facilities progress as qui
ckly as possible.
(2) Ensure that customers traveling to and from the SAP Center have a positive transportation experience.
(3) Develop and implement traffic and parking operations plans that are effective and able to adjust as needs and opportunities arise.
(4) Provide a process for achieving regular updates to the TPMP to respond to future challenges and opportunities.

Section II ‐ Facility Description
SAP Center is located immediately to the west of Downtown San Jose, at the northwest corner of W. Santa Clara Street and Barack Obama Boulevard. The facility is an indoor, multipurpose event center that hosts approximately 150 ‐ 200 events annually. SAP Center is home to the San Jose Sharks professional hockey team, wh
ich plays over 40 home games annually. A variety of other events are showcased at SAP Center throughout the year, including concerts, sporting events, family shows, corporate events and professional seminars. Attendance at these events can range from a few hundred to 20,000, with the most highly attended events being concerts an d hockey games.

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Section III ‐ Operating Budget
The operating budget enables City staff to procure the necessary resources for accomplishing the TPMP.

Examples of services procured through the City’s operating budget include roadway signage, roadway maintenance services, and traffic control equipment as needed.

Section IV – Key Organizations and Function
A. San Jose Arena Authority (“Arena Authority”)
Over the years community involvement has been key to developing a TPMP that balances the needs of SAP Center patrons as well as those of the surrounding neighborhoods and business communities.

When the TPMP document was first developed, input from members of the adjacent residential an d business communities and the Transportation and Development Committee of the City Council was actively solicited. The end product came about after numerous discussions among staff members from the City, Redevelopment Agency, Arena Authority, SAP Center Management, and Arena Oversight Committee.

To date, the Arena Authority continues to provide a forum for communi ty engagement. The Arena Authority Board of Directors meets regularly and provides opportunities for community input and discussion in relation to arena operations.

B. Arena Events Operations Committee (“AEOC”)
The AEOC is comprised of representatives from both private and public organizations and is led by the City’s Department of Transportation (“DOT”). The pu rpose of the AEOC is to continue to implement and enhance the elements of the TPMP as well as to monitor performance of the traffic and parking operations plans established for SAP Center.

Members of AEOC include representatives from the Arena Authority, SAP Center Management, San Jose Depar
tments of Transportation and Public Works, San Jose Police Department, San Jose Office of Cultural Affairs, and Santa Clara Valley Transportation Authority (“VTA”).

C. Business and Neighborhood Associations
Several residential and business communities are located in close proximity to SAP Center and are affected to some extent by the activities at SAP Center. In all, three separate neighborhood associations represent the five residential neighborhoods located in SAP Center vicinity: 1) Autumn/Montgomery Neighborhood, 2) Parkside neighborhood, 3) Shasta Hanchett Park neighborhood, 4) Garden Alameda neighborhood, and 5) St. Leo’s neighborhood.

Two business associations represent business communities located in SAP Center vicinity: 1) Alameda Business Association, and 2) San Jos
e Downtown Association.

Section V – Traffic Operations and Management
The traffic operations and circulation strategies of the TPMP are intended to promote a positive transportation experience for SAP Center patrons, to protect the integrity of adjacent neighborhoods, and to minimize congestion on surface streets. The following elements pertaining to traffic operations and circulation are addressed:
 Traffic Mitigation
 Neighborhood Parking Mitigatio n
 Pedestrian Corridors
 Bicycle Facilities
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 Public Transit Service
 Passenger Loading & Unloading Zones (including for TNC rideshare services)  Limousine and Charter Bus Loading & Unloading Zones
 Vehicular Circulation Plans
 Street Closures
 Police Traffic Control
 Directional Signage
 Traffic Signal Management Program (TSMP)
 Motorist Information System (MIS)
 Public Information Pr ogram
Section VI – Parking Operations and Management
The parking operations and circulation strategies of the TPMP are intended to facilitate convenient and easy access to and from various parking facilities located around SAP Center vicinity. The parking components of the TPMP were developed with a specific aim to protect the integrity of adjacent neighborhoods and minimize overflow onto surface streets. The fol lowing elements pertaining to parking operations and circulation are addressed:
 Parking Demand
 On‐site Parking
 Off‐site Parking
 On‐street Parking
 Employee Parking
 Limousine Parking
 Charter Bus Parking
 Oversized Truck Parking
Section VII – Monitoring and Future Updates
A. Monitoring the TPMP for Performance
The TPMP outlines a program for the monitoring of parking conditions, pedestrian flow, vehicular circulation, and intersection level of service around the SAP Center vicinity.

The parking component analyzes the usage and adequacy of off‐site parking facilities for event patrons and the effectiveness of the permit‐par king program in the adjacent neighborhoods. It serves as the basis for the augmentation of the parking supply for event patrons, as well as the possible expansion of the permit‐parking program. The pedestrian flow component periodically assesses the adequacy of capacity, lighting levels, and signing on major pedestrian corridors for event patron s. Operational mitigations have been recommended and implemented based on this monitoring program.

The objectives of the vehicular circulation component are to ensure that signs and motorist information systems are comprehensible, patrons are directed to available parking spaces, pedestrian conflicts are minimized, and vehicle circulation into adjacent residential neighborhoods is kep t to a minimum.

B. Updating the TPMP
As provided in the AMA, the TPMP is subject to modification from time to time, as the parties may agree. Provided that such changes may not operate to limit or reduce the scope and purpose of the TPMP.

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C. Updating the Operations Manual
The City, Arena Authority and SAP Center Management will monitor the performance of the Operations Manual on an ongoing basis. Any request to review or update an item in the Operations Manual will be presented to the AEOC. After initial discussions, DOT evaluates each request and, if necessary, performs th
e initial studies. The recommendation is presented to AEOC and a decision is made to include or exclude the item for update.

Section VIII – Conclusion
The TPMP has been in effect since 1993 and remains the foundation for addressing traffic and parking operations in SAP Center vicinity. This seventh edition of the TPMP is intended to reflect years of operating experience and bring the information contained herein to current conditions.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

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SECTION I – INTRODUCTION
A. Background
Initial development of this TPMP began several years prior to the 1993 grand opening of SAP Center and involved key stakeholders, including the City of San Jose, Redevelopment Agency, SAP Center Management, Arena Authority, Arena Oversight Committee, and concerned members of the community. All parties worked closely with the Arena Ove rsight Committee during the initial TPMP development phase and contributed to several iterations of the TPMP.

The San Jose City Council first approved the TPMP in June 1993. Shortly after the City Council approved the June 1993 edition of the TPMP, a process was developed to amend the TPMP. This amendment process was in effect du
ring the first six months following SAP Center’s September 1993 grand opening and was intended to allow for fine‐tuning of the TPMP based on actual operating experience. The final product came about as the June 1994 TPMP, which reflected six months of operating experience.

Subseq
uently, the TPMP was revised a few more times, with the 6th Edition being approved in 2005.

For the next 20 years, there were no formal revisions to the TPMP, although the City (through the DOT) and SAP Center Management worked cooperatively together on implementing numerous changes to the Operations Manual and related operating plans.

This 7th Edition of the TPMP, dated effective as of July 1, 2025, supersedes all prior editions. It is Attachment No. 13 to the Third Amended and Restated Arena Management Agreement (AMA), which is also dated effective as of July 1, 2025.

B. Purpose
The purpose of the TPMP is to establish event traffic and par king management strategies for SAP Center vicinity that:
 Promote safe, efficient and effective vehicular and pedestrian traffic circulation  Provide convenient and easy access to and from surrounding parking facilities  Minimize traffic congestion on surrounding roadway facilities  Minimize traffic and parking intrusion into surrounding business and neighborhood c ommunities Within the context of the TPMP, the general responsibilities assigned to the San Jose Arena Authority, the City of San Jose, and SAP Center Management are as follows:
(1) The Arena Authority is responsible for performing an oversight role with respect to the operation of SAP Center facilities on beha lf of the City and acting as liaison to the broader community concerning neighborhood impacts resulting from SAP Center operations. This includes taking the lead role in providing public outreach and participating in community engagement programs and organizations on an ongoing basis to address local resident and business concerns relating to are na vicinity event traffic and parking impacts.
(2) The City of San Jose’s Department of Transportation is responsible for developing and implementing event traffic circulation and parking access plans. The Department of Transportation is also responsible for administering all updates to the TPMP and for ensuring that event traffic and pa
rking operations plans are responsive to the needs of SAP Center patrons and the surrounding neighborhood communities. Additionally, the Department of Transportation chairs the AEOC, which meets monthly to address arena vicinity traffic and operational issues. (3) SAP Center Management is responsible for providing timely and accurate event information to the Department of Tra
nsportation and Arena Authority so that appropriate traffic control personnel assignments can be developed, and neighborhood communities can be informed of upcoming DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

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{21893‐0114:00573651‐1} 2
impacts. SAP Center Management is also responsible for providing adequate parking staff to ensure timely and orderly ingress to and egress from the on‐site parking facilities. Finally, SAP Center Management is responsible to coordinate with the San Jose Police Department in planning for event traffic, traffic control, crowd control and ot her security issues, as more specifically described in the AMA.

C. Goals & Objectives
The City, Arena Authority, and SAP Center Management share a strong commitment to provide a positive transportation experience for SAP Center patrons, while maintaining the quality of life for local neighborhood and business communities. The parties have therefore mutually agreed to the following goals and objectives:
 Ensure that all public and private improvements to transportation‐related facilities progress as quickly as possible.
 Ensure that customers traveling to and from SAP Center have a positi ve transportation experience, i.e., involving roadway capacity, sufficient parking and pedestrian facilities, transit services, and overall convenience.
 Develop and implement traffic and parking operations plans that are effective and able to adjust as needs and opportunities arise.
 Provide a process for achieving regular updates to the traffic and par king management plan to respond to future challenges and opportunities. The TPMP recognizes the importance of an effective monitoring program and an established process for local residents and business interests to voice their concerns.

D. Legal Effect
This TPMP, as well as the Operations Manual (and the Operations Plans included in the Manual) are subject to the terms and conditions of the AMA, and if there is any conflict or inconsistency between the terms of the AMA and the terms of this TPMP, the Op erations Manual or the Operations Plans, the terms of the AMA shall control.

However, this TPMP may be used to help interpret the parties’ intentions and obligations under the AMA. In addition, the Operations Manual (and the Operations Plans included therein), as modified from time to time, shall be used as the basis for de termining the appropriate level of staffing for Off‐ Site Traffic Control Services.

SECTION II ‐ FACILITY DESCRIPTION
SAP Center is located immediately to the west of Downtown San Jose and is accessible by several major highways including State Route 87, Interstates 280, 880, and 101. On a local level, the facility is served by a number of major arterials including Santa Clara Street and Julian Street from the eas t, Barack Obama Boulevard from the south, Coleman Avenue from the north, and The Alameda from the west. A public transit network offers an alternative for those patrons who live near transit stops and who choose not to drive to the venue. For those who choose to access the SAP Center by personal vehicle, approximately 1,650 on‐site park
ing spaces are available and over 6,000 thousand off‐site parking spaces are located within a short walking distance.

The SAP Center facility is a state‐of‐the‐art, indoor, multipurpose event center that is home to the San Jose Sharks professional hockey tea m. Over the years, the SAP Center has hosted many types of events in addition to professional ice hockey, including professional basketball, soccer, wrestling, figure skating, tennis, indoor football, motor cross racing, concerts, family shows, conventions, corporate presentations, DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

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and seminars. The Sharks hockey team, which headlines the SAP Center event calendar, has commanded a loyal following over the years, with average attendance for regular games averaging around 15,000, increasing to over 17,000 for the Stanley Cup Playoffs. Average attendance for music concerts is between 12,000 and 14,000, increasing to a hig h of 18,000 when the most popular performers are featured. Other sporting events such as professional wrestling and figure skating may also draw impressive crowds of 12,000 to 15,000.

The presence of SAP Center in the immediate periphery of the Downtown San Jose area has enhanced Downtown San Jose through year‐round sports an d entertainment. Of course, attracting new businesses and providing a quality entertainment venue to draw people into downtown San Jose was the primary reason for constructing the arena. The selection of the SAP Center site was made with recognition by the City that traffic and parking management wo uld be a challenge due to certain fundamental constraints of an urban downtown center.

In developing the TPMP, the City had to achieve a careful balance between maximizing convenience for SAP Center patrons with regard to traffic and parking and respecting the quality of life for adjacent residential and business communities. Experience ha s shown that the various event types bring diverse audiences, originating from all parts of the Bay Area, and thus, giving rise to different traffic patterns and parking needs. With that in mind, various traffic and parking management strategies have been developed to ensure successful operations of the SAP Center. Th ese traffic and parking management strategies are discussed in detail in Section V and VI of this TPMP.

SECTION III ‐ OPERATING BUDGET
In accordance with the AMA, Manager and the City work together to provide traffic control services as reasonably needed before and after events to direct pedestrians and vehicles, manually operate street intersections, and perform related services (“Off‐Site Traffic Control Services”), in compliance with this TPMP.

Under Section 24.2.2 of the AMA, Manager is res ponsible for costs and expenses of providing Off‐Site Traffic Control Services, subject to the reimbursement by the City for certain specified costs and payment by the City for certain specified fees.

The City will provide the physical supplies required for the performance of Off‐Site Traffic Control S ervices.

If SAP Center Management purchases such supplies, the City shall reimburse SAP Center Management the actual cost of such supplies.

Also under the AMA, the City is obligated to provide, at its expense, adequate traffic control systems, signage, and programs as may be required to implement the TPMP, in cluding without limitation the following:
o Signal Central staffing
o Parking and code enforcement staffing
o Neighborhood litter removal and clean up
o Signal timing plan development
o Traffic and parking studies
o Traffic signal system upgrades
o Signage (static and portable)
o Minor capital improvements
o Residential permit parking program
o Publi
c information material

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SECTION IV – KEY ORGANIZATIONS AND FUNCTION
A. San Jose Arena Authority
The San Jose Arena Authority, a nonprofit public benefit corporation, was created in 1990 by resolution of the San Jose City Council and operates under an agreement with the City of San Jose. Under this agreement, the Arena Authority is directed to oversee the operations of th e arena and perform a community liaison role on behalf of the City with respect to the overall management of SAP Center.

The Arena Authority’s primary responsibilities fall into four general categories:
(1) Event Management and Administration ‐ duties include overseeing the day‐to‐ day operations to ensure efficient and effective management of SAP Center, consistent with the terms and provisions of the AMA.
(2) Facilities Oversight – duties include overseeing efforts relating to the ongoing maintenance and capital improvements of SAP Center facilities.
(3) Community Liaison – duties include serving as the City’s liaison to the neighborhood and business communities in the vicinity of the arena through various outreach opportunities. (4) Board and Staff Administration – duties include Board and staff administration of arena operations in the oversight of event operations, capital program implementation and the administration of Arena Authority Board goals and objectives.

B. Arena Events and Operations Committee
The Arena Events and Operations Committee (AEOC) was established in February 1993 by the City Manager’s Office to develop an arena event operations manual as well as to mon itor performance of the traffic and parking operations plans established for SAP Center.

The AEOC is comprised of representatives from both private and public organizations and is led by the City’s Department of Transportation. Members of AEOC include representatives from the Arena Authority, SAP Center Management, San Jose Departments of Tra nsportation and Public Works, San Jose Police Department, San Jose Office of Cultural Affairs, and VTA.

Meetings are typically held once a month with additional meetings held on as‐needed basis. Duties of the AEOC include:
(1) Operations Manual – developing and regularly updating a manual (“Operations Manual”) that reflects the traffic and parking management strategies established by the TPMP. The TPMP basically outlines a plan on how traffic and parking will be managed in and around SAP Center and sets the framework for accomplishing this plan. The Operations Manual includes specific details about the traffic and parking operations plans tha t are implemented on a day‐to‐day basis (i.e., specific signal timing plans, changeable message sign plans, and police traffic control plans), and customized traffic and parking plans (“Operations Plans”) to be implemented for different Arena Event scenarios based on the estimated attendance level, day and time of the Eve nt, and other features.
(2) Performance Monitoring – monitoring the ongoing performance of traffic and parking Operations Plans and recommending adjustments as needed. The Department of Transportation is ultimately responsible for maintaining and incorporating any changes to the traffic and parking Operations Plans into the Operations Manual.

Additionally, members of the AEOC use the monthly meetings as an opportunity to cross‐coordinate with organizers of other major Downtown eve nts, receive updates on community concerns, and to DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

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gather information about upcoming developments and/ or construction projects affecting the SAP Center vicinity.

SECTION V – TRAFFIC OPERATIONS AND MANAGEMENT
A key goal of the TPMP is to ensure that patrons traveling to and from SAP Center have a positive transportation experience. The important factors contributing to a positive transportation experience for SAP Center patrons are: (1) the ability to access the site without experiencing major traffic congestion, (2) the ability to loc ate convenient and accessible parking facilities nearby, and (3) the ability to exit from the site without incurring extensive delay. Developing a traffic and parking management plan that supports such an environment has proven to be challenging due to the fact that SAP Center is located in close proximity to other Downtown bu siness and entertainment centers, as well as to various residential neighborhoods. A critical objective of the plan is to achieve a balance between the needs of SAP Center patrons and those of the neighboring residents and businesses.

To respond to the challenge, several key traffic management strategies have bee n identified for implementation as part of the TPMP, which have included:

A. Implementation of certain traffic mitigation measures based on community input B. Construction and operation of a Traffic Management Center (TMC) C. Implementation of the Traffic Signal Management Program (TSMP) to interconnect the City’s traffic signals and installation of a Motorist In formation System (MIS) to provide motorists with real‐time parking and traffic information
D. Identification of traffic characteristics for different event types E. Identification of traffic circulation patterns and major ingress and egress routes F. Development of vehicular circulation plans and coordinated signal timing plans for various event conditions
G. Development of poli
ce traffic control plans for various event conditions
H. Implementation of temporary street closures to prevent intrusion to surrounding neighborhoods and to facilitate traffic flow during ingress and egress
I. Deployment of static guide signs to direct motorists and pedestrians to and from SAP Center facilities J. Designa tion of passenger drop‐off and pick‐up areas (including for TNC rideshare services) K. Designation of limousine and charter bus drop‐off and pick‐up areas L. Identification of major pedestrian corridors
M. Identification of bicycle facilities
N. Coordination with public transit agencies to provide special services during events O. Coordination of simultaneous eve
nts at the Arena Green
P. Managing the function of Barack Obama Boulevard during arena events Q. Creation of a public information program
R. Monitoring and refinement of a Public Security Program S. The conduct of monthly AEOC meetings with key operational stakeholders Each traffic management strategy is dis cussed below:

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A. Traffic Mitigation
As part of the condition to construct SAP Center, certain traffic mitigation efforts were implemented to ensure that intersection and roadway capacity could adequately handle the traffic volume generated during events at SAP Center. The following traffic mitigation measures were implemented:
 Installation of a physical barrier at th e intersection of The Alameda, W. Julian Street, and Hanchett Avenue. The purpose of the barrier is to (1) restrict the through movement across The Alameda from W. Julian Street to Hanchett Avenue and vice versa, and (2) restrict the westbound left turn from The Alameda to Hanchett Avenue. This improvement was imple mented to achieve an adequate intersection level‐of‐service.
 Modification of signal timing operations at the intersection of The Alameda, Naglee Avenue, and W. Taylor Street. The purpose of the traffic signal operation modifications was to minimize delays to motorists during pre‐event and post‐ event traffic surges. Th e signal timing modifications improved the intersection level of service.
 Modification of signal timing operations for a series of three traffic signals located along Santa Clara Street (Santa Clara/Notre Dame, Santa Clara/Almaden, Santa Clara/Route 87). The purpose of the signal timing modifications was to coordinate signal operations along the Santa Clara corridor to optimize traffic flow an
d minimize delays to motorists.
 Modification to the traffic signal located at the intersection of Santa Clara Street and Cahill Street.

The purpose of the traffic signal modification was to accommodate the Santa Clara Street driveway access into the on‐site parking lot.

It should be note
d that the TPMP is not intended to address other capital improvement projects indirectly related to the SAP Center. These projects have included the Guadalupe River Park and Gardens project, the Vasona Light Rail Transit Project, various pedestrian/bicycle path projects, and any other capital improvements stemming from the Midtown Sp ecific Plan, Strategy 2000 Plan or similar studies. Amendments to the TPMP will be made in subsequent revisions to incorporate required changes as a result of such capital projects.

B. Traffic Management Center (Signal Central)
Prior to the September 1993 opening of SAP Center, the City of San Jose co nstructed a state‐of‐the‐ art traffic management center dubbed “Signal Central,” specifically for the purpose of monitoring and managing general traffic as well as event traffic. The Department of Transportation began operation of Signal Central in 1991 which incorporated the innovative use of advance traffic control and monitoring technologies, i ncluding a centralized traffic control system, a network of interconnected traffic signals, a closed‐circuit television camera (“CCTV”) system, a changeable message sign (“CMS”) system, and an advanced loop detection system that allows for traffic responsive signal timing plans.

Today, a next generation Signal Central offers to serve as th e primary communications center for integrating and carrying out all event traffic operations and circulation plans. It is the responsibility of Signal Central staff to gather, interpret, and disseminate traffic and parking information to motorists in a timely and accurate manner and to effectively manage traffic congestion on the roadway system. Th e major traffic management functions accomplished through Signal Central include:
 Implementation of CMS plans to direct motorists to available parking during ingress, with the goal of minimizing spill over from parking facilities onto local surface streets  Implementation of coordinated signal timing plans, with the goal of optimizing traffic fl ow, reducing motorist delay, and minimizing congestion
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

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 Making real‐time adjustments to CMS sign and signal timing plans that respond to fluctuations in traffic conditions
 Monitoring overall traffic conditions via the closed‐circuit television camera system and relaying up‐to‐date traffic information to police traffic control officers, parking control officers, and parking management staff.
 Managi ng communications between police traffic control staff and parking management staff  Reporting traffic signal system malfunctions and coordinating necessary repairs The Department of Transportation manages Signal Central during the majority of events held at SAP Center with the exception of a few small‐scale family type events and corporate events (less tha n 7,500 attendance), and Sharks’ games less than 8,500 attendance. Based on operational experience, these small‐scale events tend to have minor impacts to traffic and parking circulation and, therefore, a Signal Central operator is not needed to implement real‐time changes to signal timing or CMS message plans. In stead, the use of timer‐based, pre‐programmed signal timing and CMS plans along with police traffic control officers has proven to be a cost‐effective and appropriate approach for managing the modest amount of traffic generated from smaller events. These attendance thresholds will be reevaluated whenever there is a significant change to SAP Center’s par king supply inventory within 1/3 of a mile from the South Entrance or the immediate supporting street network.

C. Traffic Signal Management Program (“TSMP”) and Motorist Information System (“MIS”) In 1988, the City Council approved a multi‐year project to upgrade the City’s existing traffic signal system to a state‐of‐the‐art system for the purpose of managing the growing traffic congestion problem affecting motorists on a City‐wide le vel. As a result, the Department of Transportation created two innovative programs that would drastically improve and revolutionize the City’s traffic management capabilities. The two programs are the Traffic Signal Management Plan (TSMP) and the Motorist Information System (MIS).
(1) Traffic Signal Management Program (TSMP) – The Traffic Signal Management Pro gram was developed to interconnect the City’s traffic signal network to a central operating computer.

Presently, there are 969 traffic signals within the City of San Jose; most of the 969 traffic signals are currently connected to the central operating computer via City‐owned copper cable, leased telephone lines, microwave and spread spectrum te chnology. Interconnection of the traffic signals allows operators in Signal Central to remotely upload and download signal timing plans to individual signals or signal systems to increase or decrease “green time” as traffic volumes fluctuates. In the immediate SAP Center vicinity, there are 48 signalized intersections that are critical for event traffic operatio ns, all of which have been interconnected through the TSMP program. The Operations Manual identifies the various traffic signals and signal systems serving SAP Center area that have been interconnected via the City’s TSMP program.

The TSMP central operating computer is located in Signal Central and has advanced traffic mana
gement features that enable City staff to remotely control, monitor, and collect data from all interconnected traffic signals. From Signal Central, City staff can configure and make real time adjustments to signal timing plans in response to changing traffic conditions. This manual plan selection capability is particularly important during event traffic op erations since the location and intensity of peak traffic flow can vary from one event to the next. The central operating computer also communicates with the interconnected traffic signals on a second‐by‐second basis to verify that vehicle detection and control systems are in optimum working order. If the dia gnostic check yields any system failures, the central operating computer automatically generates a computerized report, which is then used to request maintenance repairs.

Specific traffic signal timing plans have been developed based on actual event ingress and egress traffic volumes. Signal Central staff has developed a library of signal timing plans, base d on DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

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operational experience, that are specific to certain types of events which can be retrieved and activated instantaneously by an operator.

The detailed operation of Signal Central and the coordination of signal timing activities before, during, and after events are included in the Operations Manual. In general, different signal timing plans are us ed for different types of events depending on each event’s traffic circulation characteristic and attendance level.
(2) Motorist Information System (MIS) – The Motorist Information System consists of a system of closed‐circuit television (CCTV) cameras and changeable message signs (CMS) that were installed to allow Signal Central staff to efficiently monitor traffic and parking conditions, and to effectively disseminate traffic and parking information to motorists. The CCTV and CMS systems, in particular, play key roles in minimizing gridlock on City streets du ring event ingress and egress. The system became operational in 1995.

The MIS system is currently comprised of a total of 8 CMS signs and 24 CCTV cameras, each of which has been strategically located along key streets surrounding SAP Center. These streets include Julian, Santa Clara, San Fernando, Market, and Mont gomery Streets, Barack Obama Boulevard and Delmas Avenue, as well as the Santa Clara and Julian interchanges along State Route

87. The locations of CCTV cameras and CMS signs are described in the Operations Manual.

CCTV Cameras Usage:

During the peak ingress and egress period, Signal Central staff utilizes the CC TV cameras to monitor traffic conditions along the major street corridors as well as along the freeway. Based on the area impacted by traffic congestion, staff makes real‐time adjustments to signal timing plans and implements the appropriate CMS messages to direct motorists away from congested areas. The CCTV cameras are mo unted 45’ high on poles located at intersections to provide a vantage point for unobstructed view of major arterial streets, and a clear a display of traffic conditions close to the camera’s location.

Changeable Message Sign Usage:

The CMS signs are used during ingress to direct motorists to various parking fa cilities located in the immediate vicinity of SAP Center. When these facilities fill to capacity, the CMS messages are changed to direct motorists away from SAP Center and towards alternative parking facilities in Downtown San Jose. During events wherein pre‐paid parking tickets are sold (i.e., Sharks games), CMS signs are used to se parate motorists with pre‐paid parking passes from those without. Those motorists with pre‐paid parking passes are directed to park on SAP Center managed lots, while all others are directed to periphery parking lots. The CMS signs are also used to relay other relevant traffic or parking in formation.

Depending on the type of event and the level of attendance, different message plans are implemented to suit the particular traffic and parking circulation conditions. The emphasis is to guide motorists to available parking as efficiently as possible, without causing additional congestion to the surface streets.

The detailed operation of the CM S system is included in the Operations Manual, which describes the typical message set implemented during a hockey game and demonstrates how these signs are used to guide motorists to the various parking facilities.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

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D. Traffic Characteristics
Due to the wide range of events offered at SAP Center, unique travel patterns and crowd characteristics have emerged over time. There are several broad categories of events, each of which has special traffic characteristics and require specific traffic management plans.

Sharks Hockey Event
Between the months of September through May each year, 44 to 50 Sharks hockey games are hosted at SAP Center. Hockey games attract average crowds of 15,000‐ 17,000, wherein a large majority of patrons are season ticket holders and are repeat customers year after year. These patrons have become very familiar with th e Downtown street network and SAP Center parking operations and facilities. Since the majority of on‐site parking spaces are reserved for season ticket holders and only a limited amount of parking is offered to the general public, patrons have become adept at finding alternative parking at off‐site parking fa cilities. Many patrons choose to park off‐site, east of Route 87 in the Downtown area, resulting in heavier vehicular traffic circulation in the Downtown area and increased pedestrian activity coming from the Downtown area. Public transit utilization is also slightly more popular with the hockey crowd, creating a marginally lower de mand for parking. The predictability of the crowd, attendance level, arrival and departure patterns are well‐defined, which makes traffic and parking management somewhat easier.

Concert Event
Throughout the year, about 20 to 30 major concerts are held at SAP Center. Depending on the featured artist, major concert events can draw crowds of between 12,000 and 14,000, and sometimes reach a high of 18,000. Concert events are particularly challenging to manage from a traffic and parking operations standpoint for the followi ng reasons:
 Most patrons are “first‐timers” and relatively unfamiliar with SAP Center vicinity and parking facilities. Late arrivals are common with ingress traffic peaking within a very short time frame close to the event start time.
 Patron demographics can differ quite significantly from one concert event to the ne xt, which can result in very different traffic and parking circulation patterns. For example, concert events featuring popular teen band groups often attract a young crowd, many of which are not of driving age. This results in a high percentage of patrons being dropped off and picked up by a third‐par ty driver and much of the traffic and pedestrian activity is concentrated along Santa Clara Street, near the passenger loading zone areas. On the other hand, certain other concerts can draw an older, more affluent crowd wherein the majority of patrons drive to the venue or use a Transpor
tation Network Company (“TNC”) such as Uber or Lyft, and in some cases, result in increased limousine usage. And other concerts require a special operations plan to curb cruising along City streets.
 On‐site parking facilities sell out quickly since the tendency is for first timers to migrate tow ards the SAP Center building. Since many of these first timers may not be familiar with the Downtown street network and off‐site parking facilities, it takes more effort and time to divert traffic away from on‐site parking facilities to alternative off‐site parking facilities.  There is competition for p arking west of State Route 87 due to lower vehicle ridership and lower utilization of public transit services.

Special Group Function Event
Special group functions such as corporate presentations, business development seminars, marketing conventions and the like are held at SAP Center from time to time. Although these events only occur a few times per year, they pose specific challenges for traffic and parking management. Attendance levels for these events typically average between 10,0 00 to 17,000. Even more pronounced than the DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

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concert goer profile, most of these patrons are first timers to SAP Center and are not familiar with the traffic circulation patterns and parking facility locations. Often, predicting their ingress arrival times can be somewhat challenging since many patrons are traveling in from outside the area. There is a tendency to travel in lar ge groups, sometimes resulting in a high turnout of charter buses and recreational vehicles. This sometimes requires a different traffic management approach, wherein these large vehicles must be separated from the regular traffic stream and directed to designated parking facilities. Additionally, these events sometimes are held over the course of several days, and crea
te a tremendous challenge when the event falls on a workday due to competing use of the street network and parking facilities by Downtown employees.

Other Sporting Events
SAP Center features other sporting events such as wrestling, figure skating, and indoor arena football.

Attendance levels vary depending on the type of event, ranging from 5,000 to 15,000, with figure skating and wrestling drawing the largest crowds. For the most part, attendance at these events is less than 9,000 and th ere are minimal traffic impacts to the surrounding street network. The crowd characteristics, however, vary from one event to another, which sometimes requires additional security staffing effort to manage the crowds.

Family‐Type Events
Approximately 30 to 40 family‐type events such as Disney on Ice shows are presented each year at SAP Center. Attendance levels at these events typically range between 2,000 and 8,000, with the crowd comprised of families with young children. These events recur from year to year and the families attending are loca l and familiar with the area. These events create little traffic congestion and much less demand for off‐site parking facilities. Much of the traffic circulates in the area to the west of State Route 87 with relatively little impact to Downtown streets.

E. Traffic Circulation
Ingress
State Route 87, located to the east of SAP Center is the primary ingress access route to the venue, with off ramps located at Santa Clara and Julian Streets. During the ingress period, most event patrons utilize the Santa Clara and Julian exits to access SAP Center. For the majority of eve nts, traffic along these two east‐west corridors is generally heavy in the westbound direction, as patrons attempt to access the parking facilities closest to SAP Center, which are located to the west of Route 87. For Sharks events, however, many patrons tend to head eastbound on Santa Clara, away from the SAP Center in search of par
king in the Downtown area. This trend can be attributed to a couple of factors:
(1) Sharks patrons are locals and tend to know the Downtown area and parking facilities intimately, and (2) Sharks patrons are aware of lower parking rates or free parking facilities in the Downto wn area.

In the north‐south direction, the majority of ingress traffic is accommodated along Route 87, Coleman Avenue and Bird Avenue. Coleman Avenue is a major exit off of Highway 880, and Bird Avenue is a major exit off of Highway 280.

Egress
The majority of patrons leaving SAP Center parking facilities to the west of State Route 87 utilize Julian Street, Santa Clara Street, Delmas Avenue, Bird Avenue, Barack Obama Boulevard, or Stockton Avenue.

Each of these streets lead to major freeway on‐ramps and is signed with trailblazer signs.

Several other key st reets play an integral role in helping to balance traffic circulation around SAP Center area during both ingress and egress. These include Montgomery Street, Cahill Street, and San Fernando Street. Although these are not major ingress/egress routes, they offer access points to various parking facilities and allow motorists to circulate while a lleviating traffic congestion along Santa Clara and Julian streets.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

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The City encourages SAP Center patrons to utilize these major access routes by implementing special event signal timing to facilitate traffic flow, installation of static directional and portable signage, and deployment of police traffic control officers at key locations. Additionally, particular efforts are made to not identify residential streets as preferred ingress/egress routes.

F. Operations Plans
Depe
nding on the type of event and the traffic characteristics/conditions associated with it (i.e., day of event, time of event, attendance level, and crowd characteristic), certain traffic operations plans have been developed to maximize traffic circulation and parking access to and from the SAP Center vicinity wi thout compromising the integrity of the surrounding neighborhood area.

Based on event type, specific signal timing plans, changeable message sign plans, police traffic control plans, and temporary street closure plans have been developed to minimize congestion and facilitate traffic flow along the major ingress and egress corridors. Each customized operations plan includes a deta
iled script outlining the responsibilities and actions to be taken by key traffic and parking management staff.

The major objectives of each operations plan are to:
 Expedite vehicular movements to SAP Center and surrounding parking facilities during the pre‐ event period (ingress).
 Minimize the time needed for vehicles to exit SAP Center vicinity du ring the post‐event period (egress).
 Minimize vehicular congestion for the convenience of SAP Center patrons. Minimize vehicular delays for background traffic.

Protect adjacent neighborhoods from cut‐through traffic attempting to circumvent congested corridors.

Each customized operations plan includes the following scripted inf ormation:
 Identification of the locations and hours that barricades and other temporary traffic restriction devices are to be placed.
 Identification of specific CMS and signal timing plans to be used.  Identification of the location placement for portable traffic control signs. Identification of parking control service hours.
 Ide ntification of typical traffic circulation and parking patterns to expect.  Identification of locations and hours that police traffic control officers, parking management staff, and Signal Central staff will be in place, and each party’s responsibilities during event operations.

G. Police Traffic Control
The use of uniformed police traffic control personnel to dir ect pedestrian and vehicular traffic in the street right‐of‐way was identified as a critical traffic management strategy during development of the original TPMP. The Operations Manual includes a graphical representation of the area of police traffic control as well as standard police traffic control plans that have been dev eloped by the AEOC. The actual traffic control plan selected for implementation depends largely on the projected event attendance level, although slight modifications to the standard police traffic control plans are sometimes made if extraordinary conditions arise such as the occurrence of simultaneous events, unusually high passenger drop‐off (including by TNC ’s), limousine or charter bus activity, etc. Such changes to the standard police traffic control plans are initiated by the Department of Transportation in coordination with the Police Department and discussed by the AEOC on a case‐by‐case basis.

Manual police traffic control is provided at the key intersec tions for all major events at SAP Center.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

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Depending on the type and size of the event, anywhere from 3‐11 officers may be assigned for intersection traffic control. However, there are small‐scale events wherein police traffic control staff is not assigned. Such events do not generate significant pedestrian or vehicular traffic activity in the street right‐of‐way. Th ese events tend to have low attendance levels, are not open to the public, or have little to no impact on vehicular or pedestrian traffic flow as assessed by the Department of Transportation and Police Department. The City, Arena Authority, SAP Center Management, and Police Department have agreed to participate in a co ntinuous study to develop an updated police traffic control staffing plan for events with lower attendance levels. The study will also evaluate police traffic control staffing for events with high attendance levels.

The primary functions of police traffic control officers are generally described below:

Before the start of ev ent ingress
 Secure police and staging area along Barack Obama Boulevard  Set up temporary traffic control devices including portable signs, barricades, delineators, etc. at key locations
 Brief traffic control staff on event details and traffic operations plan  Distribute communications and safety equipment to traffic control staff  Monitor crowd ac tivity until building doors open

During event ingress
 Manage vehicular traffic to facilitate traffic flow and minimize congestion  Manage pedestrian traffic to minimize conflicts with vehicular traffic  Administer parking restrictions when on‐site parking lots fill to capacity  Communicate with Signal Central to request signal timing adjustments as needed

While event is in progress
 Respond to event‐related traffic and parking disturbances in the surrounding neighborhood  Monitor limousine and charter bus intrusion into surrounding neighborhoods  Monitor suspicious or intrusive activities in surrounding neighborhoods  Monitor cruising on surface streets and request reinforcement as needed  Provide parking control support to parking control officers as ne eded

During event egress
 Manage pedestrians to minimize conflicts with vehicular traffic  Manage vehicular egress from parking facilities and direct motorists to nearby freeway on‐ ramps
 Manage limousine and charter bus egress from Barack Obama Boulevard staging area  Manage passenger loading zones during high drop‐off events

It should be noted that officers assigned for off‐site tra ffic control functions are not directly responsible for enforcing the City’s ordinances prohibiting unlicensed peddler activities near SAP Center or trespassing on SAP Center property. Under the AMA, the City is responsible for enforcing the foregoing laws, using on‐duty SJPD officers.

In addition, police res ponse services provided by on‐duty SJPD Officers in connection with emergencies, calls for assistance, or crowd control for political speech are not included as part of the Off‐Site Traffic Control Services, and City shall provide those services at no charge to Manager so long as City does not impose charges on other pe rsons or entities who seek similar types of assistance in DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

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similar situations.

Additionally, parking control, as necessary for the operation of the on‐site lots and off‐site lots is not considered off‐site traffic control and remains the responsibility of SAP Center Management or other property owners, as applicable.

H. Temporary Street Closures and Access Restrictions
As part of the effort to fa cilitate traffic flow and to protect the nearby residential communities from traffic and parking intrusion, certain street closures and access restrictions are implemented on event days. These delineation and access restrictions work to smooth vehicular progression by temporarily restricting minor traffic movements and maximizing roadway capacity. At the same time, ac cess to certain residential streets that are particularly prone to cut‐through traffic or parking intrusion due to their close proximity to the SAP Center building, is restricted to residents only by means of temporary barricades and signage.

Additionally, as described in the Operations Manual, the segment of Barack Ob ama Boulevard between Sharks Way and Santa Clara Street is temporarily closed to traffic and serves as a police traffic control staging area and charter bus parking area during most events. There are a handful of small private events with typically less than 1,000 attendance that occur during the year for which the Barack Obama Boulevard closure is not necessary.

To the maximum extent possible, lane closures will be avoided on Santa Clara Street near Diridon Station and the SAP Center. To the max imum extent possible, closure of Montgomery Street will be avoided unless and until Barack Obama Boulevard is converted to two‐way conditions between Santa Clara Street and Park Avenue.

The TPMP is not intended to address other temporary street closures or access restrictions stemming from construction/capital improvement projects in the area . The Department of Transportation will monitor such projects and devise alternate traffic circulation plans as need arises, and the Department of Transportation will provide the Arena Authority and SAP Center Management with advance notice of any material changes planned to be made to the design, configuration or operation of the major streets and i
ntersections in the vicinity of the Arena. The Department of Transportation must consider Arena Authority and SAP Center Management’s input in making determinations regarding any such changes, with the goal of achieving the best overall function of the street network for the benefit of both the SAP Center an d other developments in the Diridon area, taking into account the City’s obligations and objectives as stated in the AMA.

I. Static Guide Signs
To help facilitate the movement of vehicular and pedestrian traffic, static guide signs have been installed at strategic locations, as described in the Operations Manual. After the original ins tallation, revisions have been implemented for many of the signs to account for name changes of the building and for signing improvements. The guide signs are divided into five categories:
 Freeway Directional Signs
 Surface Street Directional Signs
 Parking Directional Signs
 Pedestrian Directional Signs
 Portable Traff ic Control Signs

Freeway Directional Signs
In July of 1993, Caltrans installed directional signs, as well as off‐ramp signs, on regional corridors. These signs are used to direct SAP Center patrons on Interstate 880 to the Coleman Avenue exit, Interstate DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

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280 to the Bird Avenue and State Route 87 exits, and State Route 87 to the Santa Clara Street and Julian Street exits. Caltrans also eventually installed additional directional signs on Highway 101 to direct motorists to State Route 87.

Surface Street Directional Signs
Surface street directional signs have been installed along outlying major City streets to guide motorists to the SAP Center vicinity. These signs are strategically located along ingress surface streets and supplement the freeway directional signs.

Parking Directional Signs
Parking directional signs have been installed along major City streets to guide motorists to parking facilities in the SAP Center vicinity. The major parking facilities identified as part of the parking inventory also have directional parking signs located at their main entrances. To further assist motorists, changeable message signs have been in stalled along key ingress locations to provide patrons with real‐ time parking information.

Parking Guidance System Signs
Currently, there are 13 parking guidance system signs strategically located throughout the downtown area to provide “real time” parking availability information to motorists. The parking guidance system signs include City‐managed facilities such as the Market Street Garage, which is commonly used for SAP event parking, as well as the 3rd Street Garage, 4th/San Fernando Garage, 2nd/San Carlos Garage and Convention Center Garage. The parking guidance signs also have the capability of providing direction to other downtown parking facilities if needed.

Pedestrian Directional Signs
Pedestrian directional signs have been installed along major pedestrian corridors and around major parking facilities to lead patrons to SAP Center. These signs have particularly benefited patrons that are unfamiliar with the Downtown area.

Portable Traffic Control Signs
Portable traffic control signs are placed at various locations around the SAP Center area to identify passenger drop‐off and pick‐up zones, to inform motorists of street access restrictions, and to provide parking lot status (i.e., full, general parking restricted, etc.) Signs that were deemed superfluous by Caltrans and Department of Tra nsportation staff were removed.

J. Passenger Loading Zones
Currently, the portion of Montgomery Street and Barack Obama Boulevard, south of Santa Clara Street is designated as passenger loading zones for the general public. Approximately 160 and 180 feet of Montgomery Street (east and west side respectively) is marked as passenger loading zon es. Likewise, the west side of Barack Obama Boulevard has an additional 160 feet of curb space designated for passenger loading and unloading. There are other passenger drop‐off and pick‐up zones located near SAP Center, including along Montgomery/Sharks Way, Stockton Ave, Cahill Street, and Almaden Boulevard These areas are shown in the Opera tions Manual.

TNC rideshare services, taxis, limousines, charter buses, and the general public utilize these areas to drop‐off and pick‐up passengers. For the majority of events, these areas sufficiently meet passenger drop‐off and pick‐up demand. However, there are some events (typically less than 5 per year ) that exhibit unusually high passenger drop‐off and pick‐up activities and require additional traffic management efforts. A category of event that exhibits this characteristic is teen concerts. Teen DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

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concerts tend to attract a very young crowd, many of whom are not yet licensed to drive. The result is that a high percentage of patrons attending the event are dropped off and picked up by a third party.

The regular passenger loading/unloading zones located along Barack Obama Blvd and Montgomery Stre
ets are heavily utilized, and double‐parking is a common problem that often develops during the pick‐up period. To facilitate traffic flow and encourage quick movement in and out of the passenger loading zones, an extra traffic control officer is assigned to Manage the passenger loading zones during ingress and egress.

Guests with disabilities ma
y also be dropped off and picked up at the North Entrance curb which is in Lot B. Drivers who inform the parking attendant that they are dropping off only will be given access to the parking lot, but will be required to exit immediately after dr op ‐off. Drivers are encouraged to return to the North Entrance curb 30 minutes prior to the conclusion of an event, to avoid street closures that could hinder access to the pick‐up location.

SAP Center Management may also implement valet parking along Barack Obama Boulevard, with vehicles to be staged along the park side of Barack Obama Boulevard for the duration of the event. If SAP Center Management decides to implement such a valet operation, the details regarding location, procedures, attendants, etc. will be in cluded in the Operations Manual.

K. Limousines and Charter Buses
Limousines and charter buses constitute a special group of vehicles‐for‐hire that sometimes creates unique traffic management challenges for select events. For the majority of large concert events only a handful of limousines show up, all of which can ea sily be accommodated in the SAP Center on‐site parking lot.

Similarly, a significant quantity of charter buses only show up for select events. Based on past experience, the types of events that attract a large charter bus turn out include corporate seminars and college basketball championship tournaments. The restricted portion of Barack Ob ama Boulevard between Santa Clara Street and Sharks Way is utilized as a charter bus staging area.

The decision to implement charter bus parking on Barack Obama Boulevard and/or SAP Center on‐site lot is determined by the AEOC on a case‐by‐case basis. There have been ty pically less than 10 such occurrences per year.

L. Pedestrian Corridors
The following streets have been identified as pedestrian corridors frequently used by SAP Center patrons who either park at off‐site locations or arrive by transit.

East‐West Pedestrian Corridors
 Julian Street
 Sharks Way
 Santa Clara Street
 San Fernando Street
 Park Ave

North‐South Pedestrian Corridors
 Barack Obama Boulevard
 Montgomery Street
 Delmas Avenue
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

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During initial construction of the SAP Center site, some of the above corridors were physically improved to accommodate pedestrian traffic. The Santa Clara Street sidewalk, for example, was constructed at 15’ wide to allow for adequate dispersal of pedestrian traffic. Today, Santa Clara Street continues to serve as the primary pedestrian corridor and ade quately meets pedestrian demand during all events.

Pedestrian guide signs were also installed at various locations to direct patrons to the SAP Center vicinity. These signs are typically located in or near parking facilities, on the main pedestrian corridors, and at transit stations. In addition to signage, pedestrian signal ti ming phases were implemented at key intersections to accommodate pedestrian surges during ingress and egress periods.

M. Bicycle Facilities
The City of San Jose continues to develop a Comprehensive Bicycle Master Plan that includes the implementation of a transportation bicycle network. The network is intended to link residential areas to em ployment, educational, commercial, recreational, and entertainment destinations within the City.

The network will connect to abutting jurisdictions’ bicycle facilities, providing regional trip opportunities. For longer commutes, the network will interface with other commute facilities such as light rail stations and major bus transfer points.

Additional new bicycle routes are also being pla nned for future implementation. SAP Center patrons arriving by bicycle may utilize the bicycle racks located around the building premises to secure their bicycles.

N. Public Transit
A variety of public transit options are available to SAP Center patrons, including commuter rail service, buses, light rail trains. These services are provi ded in whole or in part by the Peninsula Corridor Joint Powers Board (PCJPB) and/or the Santa Clara Valley Transportation Authority (VTA).

Commuter Rail Service:

Commuter rail schedule provides service to the Peninsula from San Francisco to Gilroy. SAP Center patrons may conveniently utilize existing service to attend events such as hockey games.

In addition to the normal service, PCJPB (which operates Caltrain) and VTA have implemented a limited post event service to provide convenient interfaces betw een commuter rail service and the VTA’s Light Rail Transit (LRT) service at Tamien station. The intent is to encourage patrons to use the Tamien station at Alma Avenue as a “park‐and‐ride” stop or to take the LRT to Tamien station, then transfer to a northbound commuter train to the Sa n Jose Diridon station (or southbound after SAP Center events).

SAP Center Manager uses diligent efforts to arrange for Caltrain service for SAP Center guests, with both northbound and southbound trains departing Diridon Station at convenient times following events.

VTA Buses:

There is considerable VTA bus service in the vicinity of SAP Center, with most buses stopping on Santa Clara Street, The Alameda, and at the San Jose Diridon multi‐ modal station. These bus lines connect to other buses County‐wide, the LRT, and some express bus lines. One line directly connects to the Berryessa BART station. Mo
st of the VTA bus lines and Light Rail operate until midnight.

LRT Service:

The VTA LRT extension to Capitol Expressway and McKee in San Jose opened on June 23, 2004, giving the transit system 56 light rail stations serving the County. The Vasona Corridor opened in 2005, expanding the transit system to 64 light rail stations. LRT service operates 20 hours a day, seven da ys a week. Daily frequencies are every 15 minutes until 8:00 p.m. and every 30 minutes thereafter.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

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12 LRT stations are located south of Interstate 280. All but two of these locations have “park‐and‐ride” lots with a total of over 5,000 parking spaces. 8 LRT stations are located in East San Jose, east of Interstate 880. 4 of these have “park‐and‐ride” lots with a total of over 400 par king spaces. The Vasona line has 5 LRT stations in San Jose, with 1 being a “park‐and‐ride” lot, and 3 additional stations in Campbell, with 2 being “park‐and‐ride” lots. The Santa Clara Street LRT stations at First Street and Second Street are identified as SAP Ce nter stops for northbound and southbound SAP Center patrons, respectively. A ten‐to‐fifteen‐minute walk is required to reach SAP Center front entrance, which is comparable to the walk from the BART Coliseum station to the Oakland Coliseum.

Ridership counts have shown that approximately 500 SAP Center patrons util ize the LRT for a typical hockey event. The City believes there is generally a very positive customer experience with the LRT and, in this respect, expects LRT use for SAP Center events will continue to increase. As such, the City has installed guide signs at the Santa Clara Street and Ch ildren’s Discovery Museum LRT stations to direct patrons toward SAP Center. Two light rail stations provide convenient service to SAP Center at Diridon Station and on San Fernando Street near Delmas Avenue.

As with other elements of public transit, the City is working with VTA to identify enhancements that coul
d attract additional LRT ridership to SAP Center. The City has requested that VTA augment LRT service to accommodate up to 3,000 SAP Center patrons.

O. Coordination of Simultaneous Events at the Arena Green The Arena Green Park is bounded by Barack Obama Boulevard at the west, Sharks Way at the north, the G
uadalupe River at the east, and Santa Clara Street at the south. The Arena Green is located directly across and immediately to the east of SAP Center, and accommodates various public entertainment events throughout the year. In general, events at the Arena Green are limited to a maximum attenda
nce of 16,000 (standing room), or 7,500 (seated), and restricted to occur between April 1st and October 31st of each year only.

Most Arena Green events are typically conducted on weekends during the day and do not coincide with SAP Center events. The City’s Office of Cultural Affairs or the Special Park Use office are responsible for programming events at Arena Green and are committed to making every effort to avoid booking eve
nts in Arena Green Park that would conflict with SAP Center events. However, a separate Traffic and Parking Plan (TPP) has been developed to address the occurrence of simultaneous events at Arena Green and SAP Center.

The TPP, which was jointly prepared by the Department of Convention, Ar ts and Entertainment and Department of Transportation, was approved by the City Council in 1997. The TPP is implemented in conjunction with the TPMP whenever simultaneous events occur at Arena Green and SAP Center. A simultaneous event is defined as one in which Arena Green Park ingress and/or egress overlaps or coin
cides with SAP Center ingress and/or egress, within a two‐hour window.

P. Public Information Programs
The Arena Authority remains active with community engagement regarding operations at SAP Center.

In doing so, the Arena Authority participates in the following activities:
(1) Engagement in Community‐Based Programs and Organizations ‐ In recent ye ars, the Arena Authority has been active with the BART Silicon Valley Downtown/Diridon Community Working Group. Chaired by the VTA, the working group addresses the many issues relating to the BART transit line and station adjacent to the arena
(2) Informational Notices on Specific SAP Center Events – When appropriate the Arena Au thority will issue notices to various groups and organizations about upcoming arena events that may have a wide impact to the adjacent residential and business neighborhoods. This is typically managed DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

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through outreach to the Office of the Mayor and City Council offices and the San Jose Downtown and the Alameda Business Associations.
(3) City and Community Events Program at SAP Center – The Arena Authority’s website provides details to the arena and City and Community Events program. This program offers locally‐bas ed nonprofit and educational organizations opportunities to hold events at the arena through special rate packages.

Q. Public Security Program
The Police Department and SAP Center Management are working jointly to develop a security plan that will document the security measures and guidelines that would be implemented during select SAP Center ev ents that tend to attract high energy crowds. The goal of the plan is to ensure that sufficient security measures are in place to protect the general public, property, as well as to minimize disturbance to nearby residential neighborhoods. The document will also address expanded security measures to deal with eme rgencies such as the terrorist attacks and bomb threats. The Arena Authority will facilitate the development of the security plan and its distribution to all affected parties upon completion.

SECTION VI – PARKING OPERATIONS AND MANAGEMENT
Developing and implementing an effective parking operations and management plan is fundamental to the overall management of events at SAP Center. Several key parking measures have been implemented to ensure that convenient and varied parking options are available to SAP Center patrons as well as to protect nearby residential communities from par king intrusion by event patrons. Specific parking operations plans, and management strategies have been developed to ensure efficient flow to and from the various parking facilities and to address unique parking needs generated by certain events. The key parking management strategies implemented per the TPMP include:

A. Implementation of a Residential Permit Parking Program to preve nt parking intrusion by event patron in nearby residential neighborhoods
B. Adequate deployment of parking management staff at various parking facilities to ensure efficient and orderly parking operations
C. Identification of parking operation characteristics and special parking needs D. Deployment of dynamic message signs and static g uide signs to direct motorists to major parking facilities
E. Designation of charter bus parking areas
F. Designation of limousine parking areas
G. Designation of employee parking areas
H. Securing adequate on‐site and off‐site parking for SAP Center patrons I. Public outreach efforts to provide patrons with parking information an d options Each parking management strategy is discussed below:

A. Residential Permit Parking Program
A chief concern for neighborhoods located close to SAP Center had to do with the potential impact to the on‐street parking supply for residents due to parking intrusion by event patrons. The Final Environmental Impact Report for construction of SAP Center facility, which was certified in 1987, DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

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identified the need to control parking in residential areas adjacent to SAP Center. As a result, the City implemented a residential permit parking program for the following neighborhoods as a parking mitigation measure:
 Autumn/Montgomery
 Cahill Park
 Delmas Park
 Garden/Alameda
 Parkside
 St. Leo’s

In general, the Ci ty’s residential permit parking program is intended to minimize the impact of parking intrusion (usually in residential neighborhoods) resulting from events or major establishments that draw significant traffic volumes. Such programs have been implemented in select neighborhoods where parking intrusion is a significant and recurring problem. However, because of the ma ny difficulties inherent with permit parking programs, they are only implemented when deemed by the City to be absolutely necessary and when supported by a majority of the impacted residents and business owners.

The residential permit parking program established for SAP Center area neighborhoods is unique in that the characteristics of these n eighborhoods are not typical of other existing permit parking neighborhoods in the City. Other permit parking neighborhoods are almost exclusively residential whereas several of SAP Center area neighborhoods support a variety of land uses, including commercial and light industrial facilities intermixed with residential pockets, giving rise to different parking needs and ch
allenges. Implementation of SAP Center area residential permit parking program is not intended to remedy the pre‐existing parking problems of these mix use neighborhoods. The primary objective of SAP Center permit parking program is to prevent event patrons from parking on the surrounding residential streets.

In implementing SAP Center area res idential permit parking program, City staff worked closely with residents of each neighborhood and the Arena Oversight Committee to establish boundaries for the permit parking zones. SAP Center area permit parking program took effect on September 1, 1993, prior to the opening of the arena facility.

The City’s D epartment of Transportation is responsible for issuing permanent parking permits to residents and businesses located within the permit parking zone, (free of charge) given adequate proof of residency or employment is provided. The number of parking permits issued is a function of land use, with residents receiving no more than one pe rmit per registered vehicle within the permit zone, and businesses receiving no more than one permit per documented employee. In addition, each residential unit is entitled to two permanent guest parking permits. Temporary single use (i.e., one‐day use) guest parking permits are also issued upon request for special events such as pa rties. A replacement fee is assessed for lost permits.

Streets within the permit parking zones are posted with signs restricting on‐street parking, except for those vehicles displaying valid residential parking permits. SAP Center area permit parking program is in place 24 hours/day, 365 days/year. Vehicles that park within the pe rmit zones without displaying the proper parking permits are cited but not towed. The City proactively enforces the permit parking zones during all major events and at other times deemed necessary by the City. During event periods, enforcement is provided by parking control officers as well as police officers assigned to traffic co ntrol duties prior to and following the events. During non‐event periods, parking control officers provide regular enforcement.

After implementation of the residential permit parking program for the neighborhoods adjacent to The DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

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Alameda, business interests along The Alameda (between Race Street and the Southern Pacific railroad tracks) expressed concerns about the impact to on‐street parking supply for customers and employees.

Customers and employees of local businesses along The Alameda could no longer use many of residential side streets due to permit parking restrictio ns. In response, the City considered implementing a business permit parking program for this stretch of The Alameda and a portion of adjacent side streets, despite long‐standing policies that restricted permit parking programs to primarily residential areas. A survey was conducted to the affected businesses and residents to assess the le vel of support for such a program, but a majority support was not founded. Therefore, the business permit parking program was not incorporated at that time (June 1994). However, the City may elect to implement such a program in the future should sufficient support develop.

The permit parking program is st ructured in such a way that it can respond to changing conditions and concerns. The ordinance establishing SAP Center area permit parking program provides means for amending the permit zone boundaries if needed. Street segments can be added or deleted from time to time provided the need is demonstrated, the proper p etition process is carried out, and the affected residents, property owners and businesses of that particular street segment demonstrate a majority support. The Director of the Department of Transportation is authorized to review and approve or disapprove a petition. An appeals process is also available in the event that the Director of th e Department of Transportation rejects a petition.

B. Parking Staff Allocation
SAP Center Management is responsible for managing parking operations for the on‐site parking facilities (Lots A, B and C and Lot D) as well as for several off‐site parking facilities (Cahill Lots, Delmas Lots, Milligan Lot and St ephen’s Meat Lot, all as described in the Operations Manual. In general, most of these parking facilities are open approximately two and one‐half hours prior to the start of an event.

Depending on the type of event and estimated attendance level, anywhere from 13 to 34 parking attendants are assigned to mana ge the on‐site and off‐site parking lot operations, as well as to manage the employee parking areas, VIP parking areas, and event loading areas.

For a typical Sharks game, a total of 34 parking attendants are assigned to facilitate all field parking operations. For all other eve nts, the average number of parking attendants allocated for field parking operations depends on attendance levels: 13 attendants are assigned for events with less than 5,000 attendance, 16 parking attendants are assigned for events between 5,000 to 9,000 attendance, 23 parking attendants are assigned for events between 9,000 to 12,000 at tendance and 34 parking attendants are assigned for events over 12,000 attendance. These standard parking staffing plans are occasionally adjusted on an as‐needed basis when special parking needs arise. For example, parking staff allocation may be increased to manage atypical parking operations associated with events that draw in a high turnout of charter bu ses or recreational vehicles.

In addition to facilitating vehicle entrance into the various parking facilities, SAP Center’s parking supervisors are also responsible for maintaining radio communications with the police traffic control supervisor and the Signal Central operator at all times to ensure that parking and traffic operations are well coordi
nated. Timely notification of parking restrictions on the on‐site parking lots and of lots filling to capacity is very important for the effective management of traffic circulation and the dynamic message signs.

C. Parking Operation Characteristics and Special Parking Needs Over the years, certain parking characteristics have emerged for vario us event types, which has required the development of event‐specific parking plans. It is important to identify recurring parking patterns and/or challenges for the purpose of allocating parking staff resources and for developing adequate operations plans.

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Sharks Event
Hockey games offer the most predictable ingress, egress, and parking circulation patterns. Many guests are repeat customers of SAP Center and have intimate knowledge of the street network and location of parking facilities. The majority of the on‐site parking spaces are reserved for season ticket holders and suite holders with pre‐paid par king passes. Limited public parking is provided on‐site on a first come, first served basis. This prepaid system of parking for hockey games requires traffic control officers to separate prepaid patrons from general patrons by screening all traffic traveling westbound on Julian Street at Autumn Street. This screening pro cess requires an additional traffic control officer at the Julian Street and Autumn Street intersection. It also creates additional delays, and occasional congestion to State Route 87. To alleviate this congestion, traffic from the Julian off ramp is sometimes diverted to Downtown via changeable message signs. As it turns out, ma ny hockey patrons voluntarily choose to park at parking facilities in Downtown San Jose to take advantage of free parking offered at select City parking facilities.

Concert Event
Concerts bring a different parking management challenge than hockey games. Most guests are first timers or infrequent visitors to SAP Center and are not familiar with the street network and location of parking facilities. Approximately 225 spaces on the on‐site parking facilities are reserved for suite holders, with the remaining spaces ava ilable for general public parking that is made available for sale on Ticketmaster to purchase in advance. Restrictions implemented on the main lot are based on the number of prepaid parking passes sold for the event.

Traffic congestion along Santa Clara Street is not uncommon due to motorists circling the area in search of suita
ble parking. Parking operations generally proceed slower since some motorists are not familiar with parking fees and tend to ask more questions. Fewer concert patrons choose to access Downtown parking facilities when compared to hockey games, probably due to lack of familiarity with the area.

Special Gro up Function Event
Experience has shown that these types of gatherings tend to attract various groups from all over the U.S. and even internationally. These group/seminar events generally occur over multiple consecutive days and create unusual demand due to charter bus and recreational vehicle parking. For these types of events, parking attendants generally open p arking facilities earlier to accommodate early arrivals. Special bus parking plans have been developed to accommodate a high charter bus turnout. The first is designed to accommodate less than 20 buses, and the second is designed to accommodate more than 20 buses.

Implementation of the charter bus parking plan has typically re quired additional parking attendants and one additional traffic control officer on Barack Obama Boulevard or the Main Lot C to manage ingress and egress bus operations and potential conflicts with pedestrians and other vehicles.

Weekday Daytime Event
On rare occasions, large events (>12,000 attendance) sometimes occur during the day on a workday.

This type of event presents a particular parking challenge in that there is limited parking for event patrons due to competing use by Downtown employees. Many of the major parking facilities that normally provide parking for ev ent patrons in the evening are operated as monthly parking facilities during the day and offer limited general public parking. A parking management strategy that has worked well for this type of event is to encourage the event organizer to promote public transit and carpooling options to their guests early on duri ng the promotional period through radio announcements, social media and website announcements, etc. When possible, informational parking flyers are also distributed to guests along with their ticket sales. At the same time, the Department of Transportation distributes advanced notice to major Downtown employers through the Downtown Association and at the major City‐operated park ing facilities to encourage mass transit and carpooling options on the event day. This parking management strategy has proven to be extremely effective so far.

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D. Dynamic Message Signs and Static Guide Signs
A specific parking management strategy of the TPMP includes the deployment of dynamic message signs and static guide signs to direct motorists to major parking facilities. Dynamic message signs are installed at key locations to provide motorists with real time parking information (refer to th e Operations Manual for sign locations). The dynamic message signs are changed to direct motorists to Downtown parking when all parking to the west of State Route 87 approaches ninety percent capacity.

This strategy has worked well to reduce unnecessary circulation and alleviate congestion along the major east west corridors in th e immediate vicinity of the building when adjacent parking facilities are full. In addition, various static parking signs and portable parking directional signs are deployed throughout the area to guide motorists to parking facilities.

E. Charter Bus Parking
As previously discussed in Section V, Item K and Section VI, It em C, certain events produce unusual demand for charter bus parking. In general, the block of Barack Obama Boulevard between Santa Clara Street and Sharks Way is designated as a charter bus parking area for select events and can accommodate up to 19 buses when parked in tandem. Charter buses are dir ected to enter southbound on Autumn Street via Julian Street and depart via Santa Clara Street at the conclusion of an event. This bus parking plan sufficiently covers the majority of events that generate charter bus parking demand.

However, there have been rare occasions wherein more than 20 buses were expe cted. Under this scenario, the on‐site Lot C is designated as the bus parking area as this area has been structurally upgraded to accommodate charter bus parking. More than 50 buses can be accommodated on Lot C, however, additional personnel is required to manage the bus parking operations at the on‐si te lot.

It is important to note that during any given event, only a limited amount of charter buses, up to 19, can be accommodated along Barack Obama Boulevard between Santa Clara Street and Sharks Way.

This portion of Barack Obama Boulevard is also utilized for other functions including poli ce staging area, and emergency vehicle access area. This segment of Barack Obama Boulevard is temporarily closed to through traffic prior to and during all major events, with the exception of a few small events.

F. Limousine Parking
As previously discussed in Section V, Item K and Section VI, Item C, cer tain concert events generate increased demand for limousine parking. In general, limousines are allowed to park in the on‐site lots, in which case the cost to parking is determined by the number of spaces the limousine will occupy, times the event’s parking rate. Because of this, many limousine drivers are reluctant to pay add itional fees to park on‐site. Some simply choose to utilize the passenger drop off and pick up zone along Montgomery Street.

G. Employee Parking
Under the AMA, SAP Center Management is responsible, at its cost, for providing parking for Arena Employees, in separately designated Off‐Site Parking Fa cilities, subject to the terms and conditions of the AMA.

H. Parking Inventory
The City is to provide on‐site and off‐site parking in accordance with the terms and conditions of the AMA.

On‐Site Parking Inventory
The majority of on‐site parking is located on Lots A, B, and C, located north of Santa Clara Street and generally west of the building. These lots are owned by the City, and are part of the arena facilities that are leased to Manager under the AMA.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

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Additional on‐site parking is currently located on Lot D, located south of Santa Clara Street between Barack Obama Boulevard and Montgomery Street. Lot D is owned by Google, which leases Lot D to Manager under a separate lease agreement. That lease will terminate once construction for VTA’s BART Phase II proje ct is ready to commence on Lot D.

The primary vehicle access to Lots A, B, and C is a four‐lane entry off Julian Street at Montgomery Street, with a maximum of four ingress or three egress lanes. A secondary vehicle access point is a two‐ lane entry off Santa Clara Street at Cahill Stre et, offering a maximum of two ingress or two egress lanes.

During the ingress movement, the Santa Clara Street entry is not accessible to eastbound motorists on The Alameda/Santa Clara Street. This serves to discourage motorists from using The Alameda as a route to the venue.

Likewise, th
e primary vehicle access to Lot D is off Barack Obama Boulevard, with a secondary access off Montgomery Street. Egress is limited to the Montgomery Street exit since Barack Obama Boulevard traffic is stopped for the pedestrian surge immediately after an event.

Off‐Site Parking Inventory
The off‐site parking facilities are comprised of some privately owned parking garages and surface lots, some City‐owned parking garages and surface lots, and on‐street parking. A few private parking facility owners and operators have entered into formal agreements with the City and/or SAP Center Management to provide public p arking at their facilities on event days. To regulate off‐site parking facilities in the vicinity of the arena, the City Council adopted Council Policy 6‐26, which became effective June 8, 1993, and was revised June 21, 1994.

Subject to the provisions of Section 19 of the AMA, the City mus t ensure that there are a certain number of “Available Parking Spaces” (defined in the AMA) within one‐half mile of the West Santa Clara entrance of the arena and within one‐third mile of the West Santa Clara entrance to the arena.

The Operations Manual illustrates the location of all off‐site p arking facilities and on‐street parking located within the one‐third mile radius of the West Santa Clara entrance of the arena, and includes an inventory of all the “Qualified Parking Spaces” (defined in the AMA) located within that one‐third mile radius.

To help ensure continued adequate off‐si te parking for SAP Center customers, the City and SAP Center Management have agreed to undertake the following measures:
 The City and SAP Center Management will update the one‐third mile parking inventory at least once a year, to adjust for any operational changes, striping changes and/or developments tha t would increase or decrease the total of off‐site parking spaces.  The methodology for determining the number of parking spaces included in the parking inventory will be as set forth in Section 20.1 of the AMA, unless the parties mutually agree otherwise.  The City and SAP Center Management will co ntinue to address the subject of Available Parking Spaces to ensure that sufficient off‐site spaces are available for use by SAP Center customers when they arrive for events, in compliance with the City’s obligations under the AMA.

Any permanent changes to the off‐site parking inventory resulting from th e construction and/or operation of new parking facilities, or the removal of existing parking facilities will be monitored and recorded in future updates of the Operations Manual.

I. Public Outreach
Arena parking information is available at various public and private websites, and provides patrons with important information on parking options and allows them to mak e informed parking choices.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

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SECTION VII – MONITORING AND FUTURE UPDATES
Monitoring
On an ongoing basis, performance of the traffic and parking management strategies identified in this TPMP will be monitored by key operations staff, namely, the Department of Transportation, Arena Authority, police traffic control personnel, and SAP Center Management personnel. Recommendations to modify existing traffic and/or parking operations plan can be made before the mo nthly meeting of the AEOC. From time to time, such changes may be necessary to offset impacts of construction or development projects, or as new parking facilities come online. The Department of Transportation will review and approve all proposed changes that have a direct impact on event traffic or pa rking circulation, subject to compliance with the terms and conditions of the AMA.

Amendments to TPMP
This TPMP is intended to be a working document and contains both the ability and the requirement to adjust to changing conditions. As provided in the AMA, the TPMP is subject to modification from time to time as the City and Manager may agree, provided that such changes may not operate to li mit or reduce the scope and purpose of the TPMP.

The Department of Transportation does not expect that this TPMP will need to be updated very often, but will work with Manager in good faith to update and revise this TPMP if there is a significant change in conditions that war rants a revision.

Amendments to Operations Manual
The AEOC is responsible for regularly monitoring the ongoing performance of the Operations Plans, and recommending adjustments as needed. The City and SAP Center Management will consult with each other regarding proposed modifications to the Operations Manual and Operations Plans, taking into account the recommendations of the AEOC.

The Parties agree to wor k together to review and update the Operations Manual by no later than July 1 of each year, and to make additional interim modifications whenever reasonably needed based on any material change in circumstances. Each updated Operations Manual will include a page for Manager and City’s Director of Transportation to sign an d date, acknowledging receipt and acceptance of such modified Operations Manual.

SECTION VIII – CONCLUSION
The TPMP has served as a useful guide for managing event traffic and parking operations at SAP Center.

The traffic and parking management strategies identified and implemented under this plan have proven to be successful. An average of 150 ‐ 200 events are managed at SAP Center on an annual basis, each b ringing different traffic patterns and parking needs, yet all successfully accommodated with minimal impact to the surrounding residential neighborhoods. It is important to note that successful implementation of the TPMP relies heavily on continued development of a strong, cooperative working relationship between the Department of Transportation, Arena Authority, police traffic control staff, and SAP Center Manage ment.

As the area around SAP Center continues to change and grow, the traffic and parking management strategies identified in this TPMP will be refined and updated to reflect changing needs. The overall goal of the TPMP, however, will remain unchanged, and that is, to devise a traffic and park ing management plan that ensures a positive transportation experience for event patrons, and respects the quality of life for adjacent residential communities.

Attachment No. 14
Framework for Project TPMPs

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Attachment No. 14

FRAMEWORK FOR TRANSIT PROJECT

TRANSPORTATION AND PARKING MANAGEMENT PLANS

ARTICLE I. INTRODUCTION
Section 1 – Background
For any “Transit Project” (defined as including the High Speed Rail project or station, or the BART project or station, or the Diridon Integrated Station project), a Transportation and Parking Management Plan (“Transit TPMP”) will be developed and implemented prior to the opening of such project to ensure effective and efficient ingress and egress to these projects.

The scope of a Transit TPMP for these projects will recognize that the transportation and parking demands are significantly different for these projects than· for a typical event type venue (e.g. the Arena or other large public assembly v enue, such as the Earthquakes soccer stadium ). The scope of these Transit TPMP’s will include provisions to effectively manage demands that may occur as a result of overlapping events at the Arena. Article II of this document provides a more detailed framework of the elements that would be included for the Transit TPMP’s.

Section 2 – Purpose
It will be the responsibility of the project owner or agency to develop the Project’s TPMP. To ensure proper coordination, the City will engage appropriate stakeholders (including the Manager of the Arena) in the Diridon Area to provide input on the development of any TPMP.

The purpose of a TPMP is to establish the operational strategies and plans to:

A. Advance the goal that customers traveling to and from the Projects, and to and from the Arena have a positive transportation experience, including travel during overlapping events.

B. Promote effective, efficient and safe use of t he entire transportation system, including the highway and local street network, the parking system in the Diridon Area and the core of Downtown, the extensive transit network, and bicycle and pedestrian facilities.

C. Minimize traffic and parking intrusion into surrounding neighborhoods so as to minimize negative impacts on these neighborhoods.

D. Ensure consistency between the goals and policies/programs of the various TPMP’s within the Diridon Area including the Arena TPMP and promote effective advance planning and communication among the responsible entities to minimize conflicts among venues in the Diridon Area and maximize the best use of the transportation and parking system through effective advanced communication strategies (e.g. using electronic and print media to post notices, maps, alerts) and directional signage.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

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Framework for Project TPMPs

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E. Coordinate TPMP’s for all Projects with existing TPMP’s in the Diridon Area to create a consistent and integrated approach to transportation and parking management and operations.

ARTICLE II. FRAMEWORK FOR TRANSIT TPMP’S
This Transit TPMP framework recognizes that these Transit P rojects will function in a significantly different manner than a typical event-based venue (e.g. Arena or other large public assembly venue).

Transit TPMP’s will include strategies and plans intended to provide:
(i) e fficient access for users of the transit projects that effectively manage and reasonably minimize congestion on local streets to the extent possible; (ii) utilize the parking network established as part of the final project development and consistent with the certified Environmental Impact Report; (iii) encourage broad use of the extensive transit, bicycle and pedestrian system serving the Diridon Area; and
(iv) protect adjacent neighborhoods from intrusion.

Any Transit TPMP will be developed with the presumption that the Project description will include the findings and mitigation measures adopted regarding parking and traffic impacts of the Project as set forth in the certified environmental documents for the Transit Project.

Elements in Transit TPMP
The following elements will be included in any Transit TPMP:

A. Descriptions of the improvements and refinements to the transportation and parking system designed to support the projects and any overlapping demands with event venue operations (e.g. Arena and any other large public assembly venue).

B. Descriptions of the role and function of the City’s Traffic Management Center, including the coordination and operation of the Traffic Signal System, the Dynamic Motorist Information System, and the Downtown Parking Guidance System. This Sub-Section would include detailed maps of the primary traffic circulations routes, including maps of the primary ingress and egress routes that will be encouraged.

C. Descriptions of t he expected characteristics in terms of peak demands, including during when events may be occurring at the Arena and/or other large public assembly venue.

D. Description of guide sign plan to direct transit users on major access routes.

E. Description of ground transportation (e.g. taxi, shuttle) and passenger loading zones.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

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F. Description of significant pedestrian corridors, including routes from the parking facilities that would be expected to be used by the transit projects.

G. Description of connecting transit services to these new transit systems, including potential shuttle and automated people mover connections to remote parking facilities.

H. Description of the Bicycle Master Plan and bicycle network that accesses the transit projects, including available bicycle parking.

I. Description of the Public Information and Advance Customer Communication Plan for holiday periods for High Speed Rail users to promote carpooling, transit use, bicycling, walking and remote parking.

J. Description of parking characteristics for the transit projects.

K. Description and analyses of parking demands and supply/inventory to be used for the transit projects.

L. Description of Dynamic Message Signs and Static Parking Guide signs that will be used to direct motorists to parking facilities serving the transit projects.

M. Describe Residential Permit Parking Program and parking patrols designed·to protect adjacent- neighborhoods from parking intrusion.

Article I II. PERFORMANCE MONITORING AND REVISIONS TO TPMP’S All TPMP’s developed and implemented to manage transportation and parking for T ransit P rojects are expected to have operations plans (“Transit Operations Plans”) that are dynamic documents that evolve based upon the changing operation of the Transit Projects and the Diridon Area. The Transit Operations Plans will be reviewed and updated every three years or more frequently as necessary.

Minor operational changes would occur at an administrative level with reasonable coordination with the Arena Events Operations Committee (“AEOC”) as referenced in Article II, Section 2 of this TPMP Framework. However, significant policy and major programmatic changes (e.g. changing major route approaches, modifications to large parking supplies to meet event and transit project demands) may require modification to the Transit TPMP’s as well.

The Project owner, in consultation with the City, and the assistance of the AEOC, will on a periodic and as needed basis, review the performance of the TPMP’s and the major operational scenarios contemplated in the TPMP’s. The performance review will be based on current data to be collected and analyzed pursuant to this process and will include items such as traffic volumes for major corridors, transit ridership, parking occupancy and availability, and the effectiveness of traffic control operations through observation and evaluation.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 15
Encapsulation Areas and Monitoring Wells on Arena Land

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Attachment No. 15

ENCAPSULATION AREAS AND MONITORING WELLS ON ARENA LAND
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 16
DTW Settlement Agreement

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AMA Attachment No. 16
DTW Settlement Agreement
[See attached]
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 16
DTW Settlement Agreement

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DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 16
DTW Settlement Agreement

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DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 16
DTW Settlement Agreement

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DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 16
DTW Settlement Agreement

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DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 16
DTW Settlement Agreement

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DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 16
DTW Settlement Agreement

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DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 16
DTW Settlement Agreement

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DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 16
DTW Settlement Agreement

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DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 16
DTW Settlement Agreement

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DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 16
DTW Settlement Agreement

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DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 16
DTW Settlement Agreement

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DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 16
DTW Settlement Agreement

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DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 16
DTW Settlement Agreement

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DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 16
DTW Settlement Agreement

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DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 16
DTW Settlement Agreement

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DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

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DTW Settlement Agreement

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DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 16
DTW Settlement Agreement

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DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 16
DTW Settlement Agreement

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DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 17
Liability Insurance Requirements Rider

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Attachment No. 17

LIABILITY INSURANCE REQUIREMENTS RIDER

This Attachment No. 17 (“Attachment”) is attached to and made a part of that certain Third Amended and Restated Arena Management Agreement effective as of July 1, 2025 (“Agreement”) between San Jose Arena Management, LLC (“Manager”) and the City of San Jose (“City”) with respect to the sports and entertainment arena located at 525 West Santa Clara Street, San Jose, California, 95113 (“Arena”).

ADDITIONAL INSUREDS. As used in this Attachment, the term “City Additional Insureds” means City of San Jose, The San Jose Arena Authority, and their respective officials, employees, agents and contractors. The address for all City Additional Insureds is as follows:

City of San Jose – Finance Department
Risk and Insurance
200 East Santa Clara Street, 14
th Floor
San Jose, CA 95113-1905

Email: [email protected]

II.

POLICY REQUIREMENTS. To the extent available on reasonably prudent business terms, during the entire Term of the Agreement, Manager, at no cost to City Additional Insureds, shall obtain and maintain insurance coverage satisfying at least all of the following minimum insurance requirements:

A. General Liability. The coverage provided by Insurance Services Office Commercial General Liability coverage form (“occurrence” form CG 0001) or its equivalent and, if necessary, an umbrella or excess policy or policies liability with a minimum limit of not less than $25,000,000 per occurrence and in the aggregate combined single limit for bodily injury and property damage, providing at least all of the following minimum coverages (with deductibles as permitted in standard NHL policies):

1. Premises Operations

2. Blanket Contractual

3. Products/Completed Operations

4. Broad Form Property Damage

5. Personal and Advertising Injury and Liability

6. Fire Legal Liability with a minimum limit of $100,000

7. Liquor Legal Liability with a minimum limit of not less than $25,000,000 per occurrence and in the aggregate. If Manager does not serve liquor in the Arena and all liquor vendors have obtained this liquor liability coverage of the same limits and scope, Manager may purchase excess liquor liability coverage in amounts reasonably acceptable to City in lieu of liquor liability coverage.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 17
Liability Insurance Requirements Rider

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If Manager uses an umbrella or excess liability policy to meet the commercial general liability policy limits, the excess liability coverage must follow form or provide coverage at least as broad as the required commercial general liability coverages.

Business Auto. A commercial auto policy with coverage provided by Insurance Services Office form number CA 0001 or its equivalent covering Automobile Liability with a minimum limit of not less than $1,000,000 combined single limit for bodily injury and property damage, providing at least all of the following coverages (without deductibles):

1. Coverages shall be applicable to any and all leased, owned, hired, or non-owned vehicles used in pursuit of any of the activities associated with the Agreement.

2. Any and all mobile equipment, including cranes, not covered under the above Business Auto policy shall have said coverage provided for under the Commercial General Liability policy.

Workers’ Comp. A Worker’s Compensation and Employers’ Liability policy written in accordance with the laws of the State of California and providing coverage for any and all employees of Manager:

1. This policy shall provide coverage for Workers' Compensation (Coverage A).

2. This policy shall also provide coverage for $1,000,000 Employers’ Liability (Coverage B).

D. Endorsements. The policies are to contain, or be endorsed to contain, the following provisions:

1. For General Liability (including Excess Liability) and Business Auto

a. The City Additional Insureds are to be covered as additional insureds as respects:
liability arising out of activities performed by, or on behalf of, Manager; products and completed operations of Manager; premises owned, leased or used by Manager; or automobiles owned, leased, hired or borrowed by Manager. A separate ENDORSEMENT evidencing coverage for the City Additional Insureds must be attached to the CERTIFICATE OF INSURANCE pursuant to Section IV below.

b. Manager’s liability policies shall be primary insurance as respects the City Additional Insureds, and any insurance or self-insurance maintained by the City Additional Insureds shall be excess of Manager’s insurance and shall not contribute with it, with the following exceptions:

(i) With respect to automobile policies, this primary insurance requirement shall apply only to owned vehicles.

(ii)
Any liability policy carried by City to cover claims arising out of the activities of off- duty San Jose police officers while performing services for Manager (“Law Enforcement Liability Policy”) shall name Manager as an additional insured in accordance with the terms thereof. The policy terms shall specifically note that the DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 17
Liability Insurance Requirements Rider

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term “Insured” shall be amended to include third-party employers approved in writing by the third-party employment division of the named insured (City of San Jose Secondary Employment Unit), but only for wrongful acts of approved employees of the named insured in the performance of their duties for that approved third-party employer.

c. Coverage shall state that Manager’s insurance shall apply separately to each insured against whom claim is made or suit is brought. However, this will not act to increase the limits of the insurer’s liability.

Coverage shall contain a waiver of subrogation in favor of the City Additional Insureds.

2. For All Coverages

Each insurance policy required by this Section II shall be endorsed to state that coverage shall not be canceled, except after thirty (30) days’ prior written notice has been given to the City of San Jose; except that ten (10) days’ prior written notice shall apply in the event of cancellation for non-payment of premium.

Acceptability of Insurance. All required policies shall be placed with insurers of an A.M. Best’s Rating of A-, VII or greater or as otherwise acceptable to the City’s Risk Manager.

III.

CONTRACT REQUIREMENTS. Manager shall cause its tenants, concessionaires, service contractors and others performing work or services in or about the Arena (“Contractors”) to procure and maintain policies of insurance in conformance with the following:

Minimum Required Coverages. The policies to be maintained shall have the same coverages but not necessarily the same amounts (but no less than $1,000,000 per occurrence for commercial general liability insurance), in accordance with the hazards and risks associated with the products and/or services to be provided by the applicable Contractor, consistent with industry standards for similar projects in Northern California.

Additional Insureds. Said policies shall include the City Additional Insureds as additional Insureds in accordance with the requirements described above.

IV. EVIDENCE OF INSURANCE. With the exception of insurance required for Contractors under Section III above (which shall be provided only upon request of City), Manager shall furnish City with evidence of the required coverages by delivering CERTIFICATES OF INSURANCE, including attached ENDORSEMENTS affecting coverage as required by this clause, via email or U.S. Mail to the address for City’s Finance Department provided in Section I above.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 18
Schedule of Permitted Title Exceptions

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ATTACHMENT NO. 18

SCHEDULE OF PERMITTED TITLE EXCEPTIONS

1. General and special taxes and assessments for the fiscal year 2025-2026, a lien not yet due or payable.

2. General and special taxes and assessments for the fiscal year 2024-2025 are exempt. If the exempt status is terminated an additional tax may be levied. A.P. No.: 259-28-041, 259-28- 043, 259-28-044 and 259-37-060.

3. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code.

4. An easement for existing sewer line and access to the existing sewer line and the right to connect thereto and incidental purposes, recorded January 10, 1975 in Book B239, Page 736 of Official Records.

In Favor of: Donald W. Anderson and Evelyn Anderson, his wife, and Robert H.

Geisler, a single man
Affects: Refer to said document for full particulars

The location of the easement cannot be determined from record information.

5. The fact that the land lies within the boundaries of the Julian-Stockton Redevelopment Project Area, as disclosed by the document recorded August 19, 1976 as Instrument No. 5385675 in Book C226, Page 510 of Official Records.

Document(s) declaring modifications thereof recorded November 03, 1980 as Instrument No. 6889963 in Book F704, Page 273 of Official Records.

Document(s) declaring modifications thereof recorded November 03, 1980 as Instrument No. 6889964 in Book F704, Page 294 of Official Records.

Document(s) declaring modifications thereof recorded November 03, 1980 as Instrument No. 6889965 in Book F704, Page 297 of Official Records.

Document(s) declaring modifications thereof recorded October 08, 1981 as Instrument No. 7184873 in Book G382, Page 605 of Official Records.

Document(s) declaring modifications thereof recorded December 17, 1987 as Instrument No. 9542441 in Book K394, Page 149 of Official Records.

Document(s) declaring modifications thereof recorded May 05, 1988 as Instrument No. 9680089 in Book K524, Page 526 of Official Records.

Document(s) declaring modifications thereof recorded May 05, 1988 as Instrument No. 9680090 in Book K524, Page 532 of Official Records.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 18
Schedule of Permitted Title Exceptions

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Document(s) declaring modifications thereof recorded October 09, 2007 as Instrument No. 19609005 of Official Records.

6. This item has been intentionally deleted.

7. The terms and provisions contained in the document entitled "Memorandum of Management Agreement" recorded April 07, 1992 as Instrument No. 11305489 in Book M129,

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As amended by that certain Amendment to Memorandum of Management Agreement recorded August 16, 2018 as Instrument No. 24004423, Official Records.

8. A Deed of Trust to secure an original indebtedness of $35,000,000.00 recorded February 22, 1993 as Instrument No. 11784104 in Book M635, Page 1650 of Official Records.

Dated: February 19, 1993
Trustor: San Jose Arena Management Corp., a California corporation Trustee: First American Title Insurance Company, a California corporation Beneficiary: Nationsbank of North Carolina, National Association, as agent for and on behalf of Nationsbank of North Carolina, National Association, Comerica Bank-California and the Fuji Bank, LTD., San Francisco Agency

9. The interest, if any, of Southern Pacific Transportation Co., by reason of a gap between Parcels 1 and 2 described in Final Order of Condemnation:

Recorded: June 27, 1995
Book: N898
Page: 567
Affects: Portion of APN 259-28-044

10. The terms and provisions contained in the document entitled "Covenant to Restrict Use of Property Environmental Restriction" recorded May 23, 2003 as Instrument No. 17062264 of Official Records.

11. The effect of a map purporting to show the land and other property, filed February 11, 2019 in Book 921, Page 6 and 7 of Record of Surveys.

12. This item has been intentionally deleted.

13. This item has been intentionally deleted.

14. Rights of parties in possession.

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Attachment No. 19

STIPULATION FOR ENTRY OF FINAL JUDGMENT AND INJUNCTION
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ATTORNEYS AT LAW
Deirdre Joan Cox NO FEE PURSUANT TO
Burke, Williams & Sorensen, LLP GOV. CODE SECTION 6103 One California Street, Suite 3050
San Francisco, CA 94111
Tel: 415.655.8100
Attorneys for Defendants
San Jose Arena Management, LLC
San Jose Sharks, LLC
[Insert Na
me]
Office of the City Attorney
City of San Jose
200 E. Santa Clara St., Fl. 16
San Jose, CA 95113-1905
Tel: 408.535.1202
Attorneys for Plaintiff
City of San Jose

SUPERIOR COURT

OF THE STATE OF CALIFORNIA

COUNTY OF SANTA CLARA, CIVIL DIVISION

UNLIMITED JURISDICTION
CITY OF SAN JOSE, a California municipal
corporation,
Plaintiff,
vs.

SAN JOSE ARENA MANAGEMENT, LLC, a
Delaware limited liability company; SAN JOSE
SHARKS, LLC, a Delaware limited liability
company; and DOES 1 through 5 inclusive,
Defendants.

Case No.

STIPULATION FOR ENTRY OF FINAL

JUDGMENT AND INJUNCTION
The City of San Jose (“City”), San Jose Arena Management, LLC (“Manager”) and San Jose Sharks, LLC (“SJS LLC”) (individually, a “Party” and collectively, the “Parties”), hereby stipulate as follows:

1. Manager and SJS LLC are both subsidiaries of Sharks Sports & Entertainment, LLC (“SSE”). For purposes of this Stipulation for Entry of Final Judgment and Injunction (“Stipulation”), a reference to the “Affiliates” of Manager or SJS LLC means SSE and any other ATTACHMENT NO. 19

STIPULATION FOR ENTRY OF FINAL JUDGMENT
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person or entity that, directly or indirectly, controls, is controlled by, or is under common control with SSE or any of its subsidiaries.

2. City and Manager are parties to that certain Third Amended and Restated Arena Management Agreement dated as of July 1, 2025 (“Arena Agreement”), pursuant to which City has leased to Manager an arena and related facilities (collectively, “Arena”) for use as a sports and entertainment venue. The term (“Term”) of the Arena Agreement is 26 years, expiring on June 30, 2051. The Term is subject to termination prior to June 30, 2051, under certain circumstances as specified in the Arena Agreement.

3. SJS LLC is the owner of the San Jose Sharks professional hockey team (“San Jose Sharks”). SJS LLC and Manager are parties to a Hockey Use Agreement dated as of October 24, 1991, as amended (“Hockey Use Agreement”), pursuant to which they have agreed that the Arena shall be the home game facility for the San Jose Sharks. City is a third party beneficiary of certain provisions of the Hockey Use Agreement.

4. The Arena Agreement and the Hockey Use Agreement both require that the San Jose Sharks play most of their home games at the Arena throughout the Term of the Arena Agreement.

5. The Arena Agreement includes additional provisions to the effect of the following:

A. City and Manager agree to jointly undertake and fund a major renovation of the Arena (“Renovation Project”), in consideration of their mutual covenants under the Arena Agreement and the covenants of Manager and SJS LLC under the Hockey Use Agreement to continue using the Arena as the home game facility for the San Jose Sharks throughout the Term of the Arena Agreement.

B. Notwithstanding the foregoing, following the completion of the Renovation Project, Manager may elect to vacate the Arena and terminate the Arena Agreement and the Hockey Use Agreement (and SJS LLC may relocate the San Jose Sharks to a venue outside of the City of San Jose) prior to the expiration of the 26-year Term, subject to the provisions of Section 5.2 of the Arena Agreement (the “Early Termination Provision”). A copy of the Early Termination Provision is attached hereto as Exhibit A.

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STIPULATION FOR ENTRY OF FINAL JUDGMENT AND INJUNCTION
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C. Among other things, the Early Termination Provision requires Manager to (i) give City a “3-Year Revocable Notice” and a “2-Year Irrevocable Notice” (as defined therein) in advance of such early termination, and (ii) pay City a fee (“Early Termination Fee”) in an amount specified by a schedule attached to the Arena Agreement (“Schedule of Financial Terms”) within the time period specified in the Early Termination Provision.

A copy of the Schedule of Financial Terms is attached hereto as Exhibit B.

D. Manager’s exercise of its election to vacate the Arena and terminate the Arena Agreement and the Hockey Use Agreement prior to the expiration of the Term shall not be a default under the Arena Agreement. However, any attempt by Manager or SJS LLC, directly or indirectly (through any of their Affiliates) to relocate the San Jose Sharks to a venue outside of the City of San Jose without first paying the Early Termination Fee if and when due under the Early Termination Provision (a “Disallowed Relocation”) shall be a non-monetary default under the Arena Agreement for which City shall be entitled to injunctive relief under Section 38.3.1 of the Arena Agreement, it being agreed that the award of monetary damages alone is an unsatisfactory remedy for such non-monetary default.

E. In the event of an attempted Disallowed Relocation, City will be entitled to obtain a final judgment (“Final Judgment”) ordering that Manager and SJS LLC shall not directly or indirectly (through any of their Affiliates) (i) vacate the Arena, (ii) terminate the Arena Agreement or the Hockey Use Agreement, or (iii) relocate the San Jose Sharks to a venue outside of the City of San Jose, unless and until the Early Termination Fee is paid to City.

6. City will be entitled to deliver a fully executed copy of this Stipulation to the Court and cause entry of the Final Judgment, upon the satisfaction of all of the following conditions (“Conditions Precedent”):

A. A Triggering Event (defined below) has occurred.

B. The San Jose City Council has adopted a resolution (“Council Resolution”) that: (a) sets forth findings specifying (i) the Triggering Event that has DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 1 2
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occurred, (ii) the date that the Arena Agreement has been or will be terminated as a result thereof, and (iii) the amount of the Termination Fee due as a result of such Triggering Event; and (b) delegates to the City Manager the authority to negotiate alternative payment arrangements with Manager.

C. City has given Manager written notice (“Enforcement Notice”) stating that (i) City intends to cause entry of the Final Judgment, which Enforcement Notice shall be accompanied by a copy of the Council Resolution; and (ii) City will provide Manager with the opportunity, during a 60-day period prior to the entry of such Final Judgment, to negotiate with City in good faith for payment arrangements in lieu of entry of the Final Judgment.

D. During a period of 60 days following delivery of the Enforcement Notice, City has provided Manager with the opportunity to negotiate with City in good faith for payment arrangements in lieu of entry of the Final Judgment, but the parties were not able to come to an agreement regarding such alternative arrangements.

E. The City Attorney has delivered to the Escrow Agent a written certification (“Certification”) confirming that the Conditions Precedent described in clauses A., B., C., and D. above have been satisfied, which certification attaches true and correct copies of the Council Resolution and the Enforcement Notice.

7. As set forth in Section 38.3.2 of the Arena Agreement, a “Triggering Event” means any of the events listed in this Paragraph 7 below (with the terms “Potential Event of Default” and “Notice of Potential Event of Default” having the definitions given in Section

38.1.1(j) of the Arena Agreement, a copy of which section is attached hereto as Exhibit C):

A. Manager has delivered a 2-Year Irrevocable Notice and has thereafter failed to pay the Early Termination Fee designated in the Schedule of Financial Terms within the time provided in the Early Termination Provision; or B. City has given Manager a Notice of Potential Event of Default under Section 38.1.1(j)(ii) of the Arena Agreement (regarding Manager’s failure to give City adequate assurances that SSE is not planning to relocate the San Jose Sharks to another DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 1 2
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city), Manager has failed to cure such Potential Event of Default within 60 days, and pursuant to the Notice of Potential Event of Default City has elected to terminate the Arena Agreement; or
C. City has given Manager a Notice of Potential Event of Default under Section 38.1.1(j)(iii) of the Arena Agreement (regarding a material breach of the Ownership Warranties set forth in Section 36.1.2 of the Arena Agreement), Manager has failed to cure such Potential Event of Default within 60 days, and pursuant to the Notice of Potential Event of Default City has elected to terminate the Arena Agreement; or D. City has given Manager a Notice of Potential Event of Default under Section 38.1.1(j)(iv) of the Arena Agreement (regarding a material breach of the Hockey Use Agreement), Manager has failed to cure such Potential Event of Default within 60 days, and pursuant to the Notice of Potential Event of Default, City has elected to terminate the Arena Agreement.

8. Concurrently with the filing of this Stipulation with the Court, and as a prerequisite for the entry of the Final Judgment, City shall file a Verified Complaint in this matter with the Court pursuant to California Code of Civil Procedure Sections 525, et seq. (regarding injunctions), which Verified Complaint shall include, among other things, substantially the following allegations:

A. That one or more Triggering Events has occurred (which allegation shall describe with reasonable specificity the nature of the Triggering Event(s) and the facts of each one);
B. That as a result of the Triggering Event(s), the Arena Agreement has been or will be terminated as of a certain date (which allegation shall specify such termination date);
C. That City has not received a Notice of Potential Event of Default by Manager regarding any Potential Event of Default that has not been cured by City within the Applicable Cure Period (all as defined in the Arena Agreement); D. That there have been no events (including without limitation any casualty or condemnation) that, pursuant to the express terms of the Arena Agreement, would permit DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 1 2
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Manager to terminate the Arena Agreement prior to the expiration of the Term, without payment of an Early Termination Fee;
E. That in connection with the termination of the Arena Agreement because of a Triggering Event, Manager is now required to pay City an Early Termination Fee, but has failed to do so (which allegation shall specify the amount of the Early Termination Fee that is payable, which amount shall be the same as the amount specified in the Council Resolution);
F. That all of the Conditions Precedent (as defined in Paragraph 6.C above) have been satisfied (which allegation shall include references to the Council Resolution, the Enforcement Notice and the Certification described above, copies of which shall be attached to the Verified Complaint); and
G. That as a result of the foregoing, City is entitled to an order enjoining Manager and SJS LLC from directly or indirectly (through any of their Affiliates) (i) vacating the Arena, (ii) terminating the Arena Agreement or Hockey Use Agreement, or (iii) relocating the San Jose Sharks to a venue outside of the City of San Jose, without first paying the Early Termination Fee in the amount specified in the Council Resolution.

9. Following the filing of City’s Verified Complaint and this Stipulation with the Court, the Parties hereby consent to the entry of the Final Judgment by the Court substantially in the form attached hereto as Exhibit D, and without trial or finding of any issue of fact or law.

10. This Court has jurisdiction over the subject matter of this lawsuit and over the Parties, and venue is proper in this Court.

11. Manager and SJS LLC, at all relevant times, have transacted business in the County of Santa Clara and elsewhere in the State of California.

12. The terms of this Stipulation and the Final Judgment shall be governed by the laws of the State of California.

13. No changes to or modifications of this Stipulation shall be valid unless set forth in writing and executed by all Parties hereto.

14. City may assert any claim that Manager or SJS LLC has violated the Final DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 1 2
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Judgment in a separate civil action to enforce compliance with the Final Judgment, or may seek any other relief afforded by law for violations of the Final Judgment.

15. The Parties agreed to enter into this Stipulation regarding the Triggering Event(s) as a condition of their mutually negotiated Arena Agreement and in order to avoid significant expense, inconvenience, and uncertainty arising from any Disallowed Relocation, which is a non- monetary default by Manager under the Arena Agreement.

16. This Stipulation and the Final Judgment shall not be construed or used as a waiver or limitation of any legal right, remedy, or defense otherwise available to the Parties in any claim or action, including any claim or action relating to the Arena Agreement or the Hockey Use Agreement, other than with respect to the Triggering Event(s) and Disallowed Relocation.

17. This Stipulation is made and filed with the Court, and the Final Judgment shall be entered by the Court, without trial or adjudication of any issue of fact or law, or finding of liability of any kind.

18. It is the intent of the Parties that neither this Stipulation nor the Final Judgment shall be admissible as evidence supporting liability or any other factual finding in other cases or binding against either Party in any respect other than in connection with the enforcement of the Final Judgment.

19. No part of this Stipulation or the Final Judgment shall create a private cause of action or confer any right to any third party for violation of any federal or state statute.

20. All Notices under this Stipulation or the Final Judgment shall be provided to the Parties at the following addresses:

Plaintiff:

Office of City Manager
City of San Jose
200 E. Santa Clara St., 17th Floor
San Jose, CA 95113
Attn: Director of Economic
Development

Defendants:

San Jose Arena Management, LLC
San Jose Sharks, LLC
525 West Santa Clara St.

San Jose, CA 95113
Attn: President

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Attachment No. 19

STIPULATION FOR ENTRY OF FINAL JUDGMENT AND INJUNCTION
8 of 20

BURKE , WILLIAMS &

SORENSEN , LLP

ATTORNEYS AT LAW
With a copy to:

Office of City Attorney
City of San Jose
200 E. Santa Clara St., 16th Foor
San Jose, CA 95113
Attn: City Attorney

With a copy to:

San Jose Arena Management, LLC
San Jose Sharks, LLC
525 West Santa Clara St.

San Jose, CA 95113
Attn: General Counsel

21. The Final Judgment may be entered by any judge of the Santa Clara County Superior Court. The Parties will accept notice of entry of judgment entered in this action by delivery of such notice to the notice addresses set forth in the Final Judgment, and agree that such service of notice of entry of judgment will be deemed personal service upon them for all purposes.

The Parties consent to entry of the attached Final Judgment by the Court, and the Parties waive their respective rights to a noticed motion, hearing, or trial. The Parties agree that the Final Judgment shall be entered and become final for all purposes upon entry thereof, and each Party to this Stipulation waives any right to appeal therefrom.

Plaintiff Signatures:

Date Signed: ____________, 2025 CITY OF SAN JOSE

By:
[Insert Name]
[Insert Title]

Date Signed: ____________, 2025 APPROVED AS TO FORM:

By:
[Insert Name]
[Insert Title
Attorneys for City of San Jose

[Defendant signatures appear on next page.]

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Attachment No. 19

STIPULATION FOR ENTRY OF FINAL JUDGMENT AND INJUNCTION
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BURKE , WILLIAMS &

SORENSEN , LLP

ATTORNEYS AT LAW

Defendant Signatures:

Date Signed: ____________, 2025 SAN JOSE ARENA MANAGEMENT, LLC

By:

Jonathan D. Becher
President

Date Signed: ____________, 2025 SAN JOSE SHARKS, LLC

By:

Jonathan D. Becher
President

Date Signed: ____________, 2025 APPROVED AS TO FORM:

By:

Deirdre Joan Cox
Burke, Williams & Sorensen, LLP
Attorneys for Defendants

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Attachment No. 19

STIPULATION FOR ENTRY OF FINAL JUDGMENT AND INJUNCTION
10 of 20

BURKE , WILLIAMS &

SORENSEN , LLP

ATTORNEYS AT LAW

EXHIBIT A

EARLY TERMINATION PROVISION

[Attached]

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Attachment No. 19

STIPULATION FOR ENTRY OF FINAL JUDGMENT AND INJUNCTION
11 of 20

BURKE , WILLIAMS &

SORENSEN , LLP

ATTORNEYS AT LAW
Copy of Arena Agreement Section 5.2:

5.2 Manager’s Termination Rights. Although SSE currently intends that the San Jose Sharks will remain in San Jose for the entire Term of this Agreement, the Parties acknowledge that an unforeseen change in circumstances may occur in the future such that SSE and/or SJS LLC may decide to relocate the San Jose Sharks to a different city in which case Manager would terminate this Agreement prior to expiration of the Term.

5.2.1 Early Termination Right . Subject to Section 5.2.2., following the Renovation Project End Date (defined in the Renovation Agreement), but not before June 30, 2031, Manager, in its sole and absolute discretion, shall have the right (“Early Termination Right”) to vacate the Arena and terminate this Agreement (and Manager and SJS LLC may elect to terminate the Hockey Use Agreement) prior to the expiration of the Term, upon Manager giving irrevocable notice of termination (“ 2-Year Irrevocable Notice”) at least two (2) full Fiscal Years in advance of the early termination date designated in the notice “Early Termination Date”) (which Early Termination Date shall be at the end of a Fiscal Year); provided, however, that Manager shall have first given a revocable notice of its intent to terminate (“3-Year Revocable Notice ”) at least three (3) full Fiscal Years in advance of the Early Termination Date. For example, if Manager wishes to terminate this Agreement (and the Hockey Use Agreement) on an Early Termination Date of June 30, 2043, then Manager must give City a 3 -Year Revocable Notice by June 30, 2040, and a 2 -Year Irrevocable Notice by June 30, 2041.
(a) Within twelve (12) months after giving its 2 -Year Irrevocable Notice (i.e., at least 12 months prior to the Early Termination Date), Manager shall pay to City an early termination fee (“Early Termination Fee”) in accordance with the schedule shown on Attachment No. 6 (“Schedule of Financial Terms ”), with the amount payable being the figure shown on the same line as the Term Year ending on the Early Termination Date. For example, if the Early Termination Date is June 30, 2043, then the Early Termination Fee would be payable no later than June 30, 2042, in the amount of $119,552,750.
(b) Notwithstanding the foregoing, an Early Termination Fee will not be payable if Manager is expressly permitted to terminate this Agreement without payment of an Early Termination Fee pursuant to the terms of this Agreement. (c) City and Manager acknowledge and agree that in determining the amount of the Early Termination Fee (i) they have exercised care to make a reasonable forecast of direct losses that may arise from the early termination of this Agreement and relocation of the San Jose Sharks to a different city and, (ii) such reasonable forecast of direct losses is not exact given that it would be infeasible to estimate such losses with precision, including due to the intangible nature of some of such losses and the number of residents and businesses that rely upon the presence of the San Jose Sharks in the City, and (iii) they have considered (A) the City’s financial contributions to the Renovation Project; (B) the City’s loss of revenue streams attributable to the San Jos e Sharks operations; and (C) the detrimental effects of an early termination of this Agreement and relocation of the San Jose Sharks, including the loss of (1) intangible civic, social, and quality of life benefits, (2) national and international exposure, and (3) revenues and other direct and indirect economic and fiscal benefits.

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STIPULATION FOR ENTRY OF FINAL JUDGMENT AND INJUNCTION
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BURKE , WILLIAMS &

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ATTORNEYS AT LAW
(d) City and Manager further agree that Manager’s election to exercise its right to vacate the Arena and terminate this Agreement (and the Hockey Use Agreement) prior to the expiration of the Term shall not be an Event of Default under this Agreement. Therefo re, Manager’s exercise of said Early Termination Right shall not entitle City to any injunctive relief, monetary damages, or any other remedies, other than the right to receive the Early Termination Fee as and when required by this Agreement. However, in order to help ensure the enforceability of the Early Termination Fee, the Parties agree that for the purposes of this Agreement the Early Termination Fee shall be construed as liquidated damages and not as a penalty.
(e) Consistent with the foregoing, City and Manager agree that the Early Termination Fee is a reasonable estimate of the losses to City resulting from an early termination of this Agreement and relocation of the San Jose Sharks and that payment of such amount as liquidated damages is not intended as a forfeiture or penalty within the meaning of California Civil Code Sections 3275 or 3369, but is intended to constitute liquidated damages to City pursuant to California Civil Code Section 1671. If the City collects an Early Termination Fee hereunder in connection with an early termination of this Agreement and relocation of the San Jose Sharks, the City hereby waives the right to collect, and shall not seek to collect, any additional monetary or other damages under this Agreement or the Hockey Use Agreement from SSE, Manager, or SJS LLC.
(f) As set forth in Section 38 below, if Manager fails to pay the Early Termination Fee as and when required by this Agreement, such failure shall be an Event of Default as defined in Section 38.1.1, in which case City shall be entitled to immediately exercise its remedies under Section 38.3, including the right to the entry of a Stipulated Judgment as described in Section 38.3.2.

5.2.2 Extraordinary Termination Right . Notwithstanding anything in this Agreement to the contrary, if (i) Manager or any other party develops a new arena located within the City’s jurisdictional limits, and (ii) SJS LLC enters into an agreement to have the San Jose Sharks NHL hockey team play its Home Games at such new arena on the terms and conditions set forth in Section 3.1.2(a) of this Agreement, then Manager may terminate this Agreement on the date that the new arena is substantially completed, withou t giving a 3 -Year Revocable Notice or a 2-Year Irrevocable Notice.
(a) In the event of such termination of this Agreement, Manager shall not be required to pay an Early Termination Fee; provided, however , that if the San Jose Sharks move their Home Games to a location outside of the City’s jurisdictional limits prior to June 30, 2047, then Manager shall be required to pay City an Early Termination Fee in accordance with the attached Schedule of Financial Terms. Manager’s obligations under this Section 5.2.2(a) shall survive termination of this Agreement. (b) The Parties anticipate that prior to construction of a new arena, other relevant terms and conditions regarding the disposition of the existing Arena Facilities and the use of the new arena will be determined.

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Attachment No. 19

STIPULATION FOR ENTRY OF FINAL JUDGMENT AND INJUNCTION
13 of 20

BURKE , WILLIAMS &

SORENSEN , LLP

ATTORNEYS AT LAW

EXHIBIT B

SCHEDULE OF FINANCIAL TERMS

[Attached]

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Attachment No. 19

STIPULATION FOR ENTRY OF FINAL JUDGMENT AND INJUNCTION
14 of 20

BURKE , WILLIAMS &

SORENSEN , LLP

ATTORNEYS AT LAW

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Attachment No. 19

STIPULATION FOR ENTRY OF FINAL JUDGMENT AND INJUNCTION
15 of 20

BURKE , WILLIAMS &

SORENSEN , LLP

ATTORNEYS AT LAW

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Attachment No. 19

STIPULATION FOR ENTRY OF FINAL JUDGMENT AND INJUNCTION
16 of 20

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ATTORNEYS AT LAW

EXHIBIT C

POTENTIAL EVENT OF DEFAULT

[Attached]

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Attachment No. 19

STIPULATION FOR ENTRY OF FINAL JUDGMENT AND INJUNCTION
17 of 20

BURKE , WILLIAMS &

SORENSEN , LLP

ATTORNEYS AT LAW
Copy of Arena Agreement Section 38.1(j):

(j) “Potential Event of Default” means a failure by Manager or City to perform or observe any of the covenants, terms, and provisions contained in this Agreement (including the sections of the Renovation Agreement referenced below) on its part to be performed or observed (other than the matters constituting an Insolvency Default), and includes the happening of any of the following:
(i) Manager fails to pay any part of the Arena Fees as and when required under this Agreement;
(ii) City has given Manager notice that it believes SJAM is planning to vacate the Arena and/or that SJS LLC is planning to relocate the San Jose Sharks to another city without giving the required advance notice or paying the Early Termination Fee, and within sixty (60) days after receipt of such notice Manager has not provided City with written adequate assurances (including reasonable evidence) that such vacation and/or relocation is not being planned;
(iii) There is a material breach of Manager’s representations and warranties set forth in Section

36.1;
(iv) There is a material breach of the Hockey Use Agreement in violation of Section 3.1.2(b) of this Agreement;
(v) City fails to make a required payment of Renovation Costs as and when required under Article V of the Renovation Agreement;
(vi) City fails to reimburse Manager for Incremental TPMP Costs as and when required under Section 23.1.7;
(vii) City fails to acquire ownership or legal control of Parcels 4 and 5 of Lot E by the Lot E Acquisition Deadline as described in Section 19.4.1;
(viii) City fails to meet the Minimum Off-Site Parking Requirements, the remedy for which is set forth in Section 38.2.2 below; or
(ix) There is a material breach of City’s representations and warranties set forth in Section 36.2.

For avoidance of doubt, Manager’s exercise of its Early Termination Right and timely payment of the Early Termination Fee to City in accordance with the requirements of Section 5.2.1, shall not be considered a Potential Event of Default or an Event of Default under this Agreement.

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STIPULATION FOR ENTRY OF FINAL JUDGMENT AND INJUNCTION
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ATTORNEYS AT LAW

EXHIBIT D

AGREED FORM OF FINAL JUDGMENT

[Attached]

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Attachment No. 19

STIPULATION FOR ENTRY OF FINAL JUDGMENT AND INJUNCTION
19 of 20

BURKE , WILLIAMS &

SORENSEN , LLP

ATTORNEYS AT LAW
Deirdre Joan Cox NO FEE PURSUANT TO
Burke, Williams & Sorensen, LLP GOV. CODE SECTION 6103 1 California Street, Suite 3050
San Francisco, CA 94111
Tel: 415.655.8100
Attorneys for Defendants
San Jose Arena Management, LLC
San Jose Sharks, LLC

[Insert Name]
Office of the City Attorney
200 E. Santa Clara St., Fl. 16
San Jose, CA 95113-1905
Tel: 408.535.1202
Attorneys for Plaintiff
City of San Jose

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF SANTA CLARA, CIVIL DIVISION

UNLIMITED JURISDICTION

CITY OF SAN JOSE, a California municipal
corporation,

Plaintiff,

vs.

SAN JOSE ARENA MANAGEMENT, LLC, a
Delaware limited liability company; SAN JOSE
SHARKS, LLC, a Delaware limited liability
company; and DOES 1 through 5 inclusive,

Defendants.

Case No.

FINAL JUDGMENT AND INJUNCTION

Plaintiff, the City of San Jose (“City”) has filed a Verified Complaint for an injunction pursuant to California Code of Civil Procedure Sections 525, et seq., to enforce certain obligations of Defendant San Jose Arena Management, LLC (“Manager”) and Defendant San Jose Sharks, LLC (“SJS LLC”) under that certain Third Amended and Restated Arena Management Agreement dated as of July 1, 2025, between City and Manager (“Arena Agreement”) and that certain Hockey Use Agreement dated as of October 24, 1991, as amended, between Manager and SJS LLC (“Hockey Use Agreement”).

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Attachment No. 19

STIPULATION FOR ENTRY OF FINAL JUDGMENT AND INJUNCTION
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BURKE , WILLIAMS &

SORENSEN , LLP

ATTORNEYS AT LAW
Said Verified Complaint, which was made pursuant to that certain Stipulation for Entry of Final Judgment and Injunction (“Stipulation”) executed by City, Manager, and SJS LLC (individually, a “Party” and collectively, the “Parties”), seeks the entry of this Final Judgment and Injunction (“Final Judgment”) by the Court without trial or adjudication of any issue of fact or law, and without finding or admission of wrongdoing or liability of any kind.

The Court having considered the allegations in the Verified Complaint and the provisions of the Stipulation executed by the Parties, and good cause appearing, IT IS HEREBY ORDERED THAT:

Defendants Manager and SJS LLC shall be prohibited from doing any of the following, either directly or indirectly (through any of their Affiliates): (i) vacating the Arena; (ii) terminating the Arena Agreement or Hockey Use Agreement; and/or (iii) relocating the San Jose Sharks to a venue outside of the City of San Jose; unless and until Manager pays to City the Early Termination Fee in the amount of $___________ [Amount specified in Council Resolution and Verified Complaint to be inserted here] or the Parties negotiate alternative payment arrangements that are memorialized in a writing signed by both Parties.

This Court retains jurisdiction of this Final Judgment and the Parties hereto for the purpose of enforcing and modifying this Final Judgment and for the purpose of granting such additional relief as may be necessary and appropriate.

IT IS SO ORDERED as of ______________, 20___.

Judge
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 20
Schedule of Defined Term

Page 1 of 1 ends

Attachment No. 20
SCHEDULE OF DEFINED TERMS
[This exhibit is being updated pursuant to the City Manager’s delegated authority and will be included upon completion and mutual agreement by the parties.] DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 20

SCHEDULE OF DEFINED TERMS

{21893‐0114:00573491‐1}
Attachment No. 20
Schedule of Defined Terms

Page 1 of 28 ends

Defined Term Definition Section
1/3 Mile Radius Area
‐or‐
1/3 Mile Ring
Area within a radius of 1/3 mile from the South Entrance 19.1.1(a) 1/2 Mile Radius Area Area within a radius of 1/2 mile from the South Entrance, including the 1/3 Mile Radius Area

19.1.1(b)
1/2 Mile Ring Area within a radius of 1/2 mile from the South Entrance, excluding the 1/3 Mile Radius Area

19.1.1(c)
2‐Year Irrevocable Notice Irrevocable notice, stating Manager’s intent to terminate this Agreement and vacate the Arena, to be given by Manager to City at least two full fiscal years in advance of the Early Termination Date designated in the notice

5.2.1 3‐Year Revocable Notice Revocable notice , stating Manager’s intent to terminate this Agreement and vacate the Arena, to be given by Manager to City at least three full fiscal years in advance of the Early Termination Date designated in the notice

5.2.1 1991 AMA An Agreement to Enter and a San Jose Arena Management Agreement, both dated October 24, 1991, as amended
Recital C
2000 AMA The Amended and Restated San Jose Arena Management Agreement dated December 19, 2000, as amended
Recital C
2018 AMA The Second Amended and Restated Arena Management Agreement dated June 8, 2021
Recital A
2018 AMA Term Words to that effect or this specific phrase mean the period of time from July 1, 2015, through June 30, 2025
Recital A
Accessible Parking Space A parking space that is intended for use by individuals with disabilities and meets the applicable design requirements of Applicable Construction Codes

19.1.1(d)
Adjustment Date The first day of Term Year 26/27 and the first day of each Term Year thereafter

38.3.4(a)(i)
AEOC The Arena Events and Operations Committee, managed by City’s Department of Transportation

23.1.5 Affiliate Any person or entity that, directly or indirectly, controls, is controlled by, or is under common control with the entity in question, excluding the NHL or any member clubs of the NHL (other than SJS LLC or the San Jose Sharks)

2.1.1(a)
Agreement This Third Amended and Restated San Jose Arena Management Agreement made effective as of July 1, 2025, as amended.

Preamble
AHL The American Hockey League or any successor thereto. 2.1.1(b) Alcohol Advertising Plan A plan containing alcoholic beverage advertising requirements, as set forth in Attachment No. 9

14.1.5(d)
Alterations Improvements, betterments, additions, installations, repairs or other alterations or fixtures that are permanently affixed to or have become an integral part of the Arena Land or other Arena Facilities (including Arena

28.1.1(a)

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 20

SCHEDULE OF DEFINED TERMS

{21893‐0114:00573491‐1}
Attachment No. 20
Schedule of Defined Terms

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Defined Term Definition Section
FF&E), including Capital Repairs and Replacements and Capital Enhancements
Anticipated Parking
Deficiency
The situation that exists when a Parking Deficiency is anticipated to occur within the ensuing 6 month period, based on the anticipated supply of Available Parking Spaces in Off‐Site Parking Facilities, and the anticipated demand for the use of such spaces before, during and after Arena Events

22.2.1 Applicable City Policies
and Guidelines
Policies and guidelines, including design guidelines governing additions and alterations to the Arena Facilities, established from time to time by City by an ordinance or resolution of the City Council, provided that Manager has been notified in writing of such policies and guidelines; such term shall be limited to such policies and guidelines that:
(i) Are consistent with, and in furtherance of the provisions of this Agreement;
(ii) Do not unreasonably interfere with, impede or impair the ability of Manager to effectively and soundly manage and operate (or of the San Jose Sharks to use) the Arena Facilities;
(iii) Do not materially increase Manager's costs or other obligations under this Agreement; and
(iv) Do not substantially adversely affect a material source of revenue for the Arena or have a material effect on the operation of the Arena

12.1.3(a)
Applicable Community
Standard
A standard with respect to the matters described in Section 14 (including pricing, the advertising and serving of alcoholic beverages and tobacco products,, and the payment of wages) that is equal to comparable major arenas or stadiums in the San Francisco Bay Area, except as otherwise expressly provided in this Agreement

12.1.3(b)
Applicable Construction
Codes
All Applicable Laws governing physical design or condition of construction or requiring access and seating for individuals with disabilities

12.1.3(c)

19.1.1(e)
Applicable Cure Period The time period allowed for a Defending Party to cure a Potential Event of Default before it becomes an Event of Default, as described in Section

38.2 38.1.1(a)
Applicable Laws The applicable provisions of the San Jose Municipal Code and all other applicable statutes, ordinances, laws, rules, regulations, orders and requirements of any Governmental Authority having jurisdiction respecting the use or manner of use of the Arena Facilities or the construction, maintenance and operation thereof, including Applicable Construction Codes

12.1.3(d)

Applicable Parking
Standard
A standard of design, operation, and maintenance that is equal to or exceeds the standard generally applicable to public parking lots and garages permitted under Applicable Laws

19.1.1(f)
Applicable Performance
Standard

A standard of performance, operation (including bookings) and maintenance that is equal to or exceeding those generally applicable to comparable major arenas in the United States constructed

12.1.3(e)

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 20

SCHEDULE OF DEFINED TERMS

{21893‐0114:00573491‐1}
Attachment No. 20
Schedule of Defined Terms

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Defined Term Definition Section
contemporaneously with the Arena Facilities, at which NBA and/or NHL games are played, except for the matters governed by the Applicable Community Standard
Applicable Permit
Requirements
The conditions of approval and other requirements imposed in connection with any permits, licenses or other governmental authorizations obtained by Manager or any Manager Invitees, or required to be obtained by Manager or Manager Invitees, with respect to the management, operation, use, maintenance, repair or improvement of the Arena Facilities, including any alcoholic beverage license, building permit, health permit, and the like

12.1.3(f)
Approved Venue Sponsor A Sponsor that has been approved (or deemed approved) by the City Manager to hold the Naming Rights, pursuant to Section 15.3.3

15.3.1(a)
Arena [See Arena Building below] Recital A
Arena Advertising All advertising, signage, trademarks and trade names, logos, slogans, sponsorships and promotional activities, designations, graphic displays, commercial announcements, and other commercial messages of every kind and nature within or about the Arena Facilities, or regarding Events at the Arena (except City Events and Community Events), whether in audio, visual, physical, digital or other formats, and whether the type or mode of communicating the message now exists or is development in the future

15.1.1 Arena Authority The San José Arena Authority, a California nonprofit public benefit corporation, established by City to perform certain responsibilities on behalf of City with respect to overseeing the management and operation of the Arena

2.1.1(c)
Arena Authority Facilities Office space and common area facilities in the Arena for the Arena Authority’s use, which will be relocated to space outside of the Arena as part of the Renovation Project

11.4 Arena Authority Office
End Date
That date on which Manager’s responsibilities regarding the Arena Authority Facilities will terminate, as set forth in a written notice given by Manager to City and Arena Authority at least six (6) months in advance, and based on the date that Manager needs in order to reasonably accommodate the Renovation Project

11.4 – 11.4.1
Arena Building
‐or‐
Arena
The multi‐purpose entertainment and sports facility described in Recital A(2), including the enclosed structure and all improvements on or in such structure
Recital B(2)

28.1.1(b)
Arena Contracts All leases, licenses, use agreements, bookings, service contracts, sponsorship and advertising agreements, and other agreements pertaining to the use, operation, maintenance and occupancy of the Arena Facilities, including any amendments thereto

12.2.1 Arena Employees Persons engaged by Manager or Manager’s concessionaires, vendors, contractors, and licensees to work at the Arena before, during or after

19.1.1(g)

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 20

SCHEDULE OF DEFINED TERMS

{21893‐0114:00573491‐1}
Attachment No. 20
Schedule of Defined Terms

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Defined Term Definition Section
Events, including those who operate the On‐Site and Off‐Site Parking Facilities.

Arena Employee Parking
Spaces
Parking spaces located in Off‐Site Parking Facilities that are separately designated by Manager for parking by Arena Employees

19.1.1(g)
Arena Exemption The Outdoor Advertising Act Arena Exemption (Section 5272(b) of the California Business & Professions Code which permits Manager to install, maintain and operate Freeway Signs, which may be Programmable Electronic Signs, on City Property along Freeways

17.1.1(a)(i)
Arena Facilities The regional multi‐purpose sports and entertainment arena and related facilities, including the Arena Land, the Arena Building (or Arena), the Arena Site Improvements, the On‐Site Parking Facilities, and the Arena FF&E
Recital B

28.1.1(c)

34.1.1(a)
Arena Fees Certain payments to be made by Manager for the benefit of City, subject to the terms and conditions of this Agreement and specified in the Schedule of Financial Terms (Attachment No.6)

6.1 Arena FF&E Furnishings, trade fixtures, equipment, vehicles and other tangible property located on or about the other Arena Facilities and/or used in connection with the operation of the other Arena Facilities, excluding Manager’s Personal Property, Sharks’ Personal Property, and other personal property owned by concessionaires, vendors, or other users of the Arena
Recital B(5)

28.1.1(d)
Arena Land The legal parcels of land that are described in Attachment No. 1 Recital B(1)

28.1.1(e)
Arena Public Safety Fund A separate restricted fund, which shall be used to pay:
(i) Reimbursement to City of the Staffing Shortfall Fee payable to Manager;
(ii) Reimbursement to City or Manager for Peddler Permit Enforcement Costs that they have incurred;
(iii) Reimbursement to Manager for Video Surveillance Equipment Costs for both SAP Center and Sharks Ice/Tech CU Arena;
(iv) Training costs for Traffic Control Officers; and
(iv) Any other costs related to public safety or security, as mutually agreed by the Parties.

24.6 Arena Site Improvements The ramps, stairs, supports, loading and receiving areas, driveways, walkways, parking areas and other improvements located outside of the Arena Building, but within the boundaries of the Arena Land Recital B(3)

28.1.1(f)
Arena TPMP A traffic and parking management plan for the Arena, entitled “SAP Center Transportation & Parking Management Plan, 7th Edition,” attached as Attachment No. 13, as updated from time to time

23.1 Assignee Any person or firm to whom this Agreement is assigned, in whole or in part, by Manager or its Affiliates or Owner

2.3.1 DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 20

SCHEDULE OF DEFINED TERMS

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Defined Term Definition Section
Available Parking Space A Qualified Parking Space that is unoccupied and available for Arena customers to park in upon their arrival on weekends and after 6:30 p.m. on weekdays; provided, however, that for any parking garage constructed or placed in service following the Effective Date, the number of Available Parking Spaces in that new garage shall be limited to the number of cars that can enter within an approximate 60‐minute peak period prior to an Event and exit within an approximate 30‐minute peak period following an Event.

19.1.1(h)
Available Parking Space
Breach
A Event of Default that arises from City’s failure to provide a sufficient number of Available Parking Spaces to meet the Minimum Off‐Site Parking Requirements

38.2.2 Award All compensation, damages, income, rent, awards, or any interest therein whatsoever which may be paid or made in connection with a Taking, excluding any separate payments made for litigation costs, attorneys’ fees, and related expenses pursuant to a court order or settlement agreement

34.1.1(b)
BART
‐or‐
BART Project
‐or‐
BART Phase II
Refers to the Bay Area Rapid Transit public transportation project being implemented by VTA to bring BART service to the Diridon Area, pursuant to which a new BART station would be constructed immediately south of the Arena

21.1.1(a)
Baseline TPMP Costs The average of the annual TPMP Costs incurred by Manager for the three full fiscal years prior to the onset of the COVID‐19 pandemic (i.e., Term Years 16/17, 17/18 and 18/19); provided, however, that (i) prior to calculating the average, the annual costs for Term Years 16/17 and 17/18 shall be increased by the equivalent percentage increase in the CPI for the applicable time period; and (ii) thereafter, the calculated average shall be further increased as of the end of each Term Year (starting in Term Year 19/20) by the equivalent percentage increase in the CPI for the applicable time period. The Baseline TPMP Costs are more precisely described in Attachment No. 12.

23.1.7(a)(iii)
Bond Trustee Any trustee of the Lease Revenue Bonds 29.2.1 Cap Encapsulation of remaining contaminated soils beneath various portions of Lots A, B and C, by covering them with layers of clay, clean backfill, base rock and/or asphalt paving

27.2.1(a)
Capital Budget A schedule of Capital Projects that Manager proposes to complete during the applicable Term Year, and the Capital Costs thereof

28.1.1(g)
Capital Costs Costs that are charged as part of Capital Projects (rather than as Operating Expenses) consistent with the Parties’ historical practices, including those costs described in Section 28.1.1(h)

28.1.1(h)
Capital Enhancements Items of work that are not required to repair or replace faulty or worn out elements of the Arena Facilities, but are new improvements that are

28.1.1(i)

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 20

SCHEDULE OF DEFINED TERMS

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Defined Term Definition Section
made to improve the quality, functioning, efficiency or competitiveness of the Arena Facilities (including Arena FF&E)
Capital Projects Either (i) Capital Repairs and Replacements (including Emergency Capital Repairs and Replacements or Parking Capital Repairs and Replacements where applicable), or (ii) Capital Enhancements; such term does not include Code Upgrade Work, Extraordinary Repair Work, or work needed to repair or replace Arena Facilities following a Casualty

28.1.1(j)
Capital Repairs and
Replacements

Renovation, repair, construction, acquisition or replacement of capital items included in the Arena Facilities (including Arena FF&E) which are subject to wearing out after a useful life, and therefore can be forecasted and budgeted for (except for Emergency Capital Repairs and Replacements); such term does not include Code Upgrade Work, Extraordinary Repair Work, or work needed to repair or replace Arena Facilities following a Casualty

28.1.1(k)
Capital Reserve Fund A restricted fund designated by City as Fund 459 into which the Parties will make deposits to provide a source of funding for reimbursement of the Capital Costs of Capital Projects

7.1 28.1.1(l)
Casualty A fire, storm, flood, earthquake, civil commotion, act of terrorism, or other active physical peril that causes damage to, or destruction of, or loss of use to the Arena Facilities

31.1 CBD Products Foods, beverages, dietary supplements, veterinary products, cosmetics, and other similar products infused with and/or containing cannabidiol with a delta‐9 tetrahydrocannabinol concentration of no more than 0.3 percent on a dry weight bases.

15.2.1(c)
City The City of San José, a municipal corporation and charter city of the State of California, and its City Council and/or City Manager, as the context may require; such term includes the City’s predecessors and successors in interest

2.1.1(d)
City Authority City and/or any other Governmental Authority that is formed by or under the control of City, including the Arena Authority

10.2.1(b)

27.1.2 City‐Approved Assessment
District
An assessment district in which any City Authority owns one or more parcels of real property, provided that the City Authority (as the owner of such property) has voted affirmatively for the assessments to be imposed by such district

10.2.1(c)
City Default Credit A Fee Credit available to Manager if City has committed an Event of Default that can be cured with the payment of money only, and City fails to make such payment within the Applicable Cure Period

6.2.4 City Events Events pre‐qualified by the Arena Authority based on criteria established by City consistent with the Parties’ historical practices

11.1.1 City Indemnitees City and other City Authorities, their successors and assigns, and all of their respective directors, officers, employees, members, managers, representatives and agents

27.1.2(a)

33.1.1(b)

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

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SCHEDULE OF DEFINED TERMS

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Defined Term Definition Section
City Invitees City Indemnitees and all other persons who enter the Arena Facilities under City’s control or supervision or with City’s authority or permission (including City’s contractors); provided, however, that persons who enter the Arena Facilities in connection with a City Event or Community Event (for which the sponsor or organizer must execute a license agreement with Manager as described in Section 11.1.4) shall be deemed to be Manager Invitees and not City Invitees

27.1.2(b)

City Property Any property that is owned by City in fee or for a term of years (e.g., through a lease agreement), subject to approval by City Council of any necessary amendments to the Sign Code and Council Policy 6‐4 to allow offsite commercial advertising on property leased by the City

17.1.1(a)(i)
City’s Capital Reserve
Payments
City’s payment of $32,455,320 to the Capital Reserve Fund, in installments that are due on August 1, 2025, and on August 1 of each calendar year from 2038 through 2049, in the amounts set forth on the Schedule of Financial Terms

7.2.2 City’s Original
Improvements
The items of the Arena Facilities originally constructed by or on behalf of City

28.1.1(m)

28.4.2 Claims Any and all claims for damages or injuries of any kind, demands, liens, liabilities, fines, penalties, charges, causes of action or enforcement actions of any kind, judgments, losses, and all costs and expenses incurred in connection therewith, including actual attorneys’ fees, costs of defense, and consultants’ fees

33.1.1(a)
Code Upgrade Work Alterations work performed for the sole purpose of conforming either the City’s Original Improvements or the Manager’s Original Improvements to Applicable Construction Codes, including any changes thereto enacted after approval of design drawings therefor; such term shall not include Renovation Improvements or Capital Repairs and Replacements that had been scheduled to be paid out of the Capital Budget within five years of the Term Year in which the work is performed, even if the work is accelerated in order to cure or correct any non‐compliance with Applicable Construction Codes

28.1.1(n)
Commercial Speech An expression or expressive activity that in any way promotes a commercial transaction

16.1.1(a)
Community and City
Events Fund
A separate fund maintained by Manager within its accounts to which Manager shall credit $100,000 on each August 1st during the entire Term, beginning August 1, 2015

11.1 Community Events Events that are not of the commercial nature otherwise generally booked by Manager, but (i) are otherwise appropriate for the Arena, (ii) are promoted by community organizations, and (iii) do not meet the criteria of a City Event

11.1.2 Competing Facility An arena or comparable facility (including an amphitheater) having fixed seating capacity in excess of 5,000 located in San José which (i) is to be

4.2.1(a)

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 20

SCHEDULE OF DEFINED TERMS

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Defined Term Definition Section
used for events typically held in comparable major arenas and (ii) that the City constructs (or participates in the construction of), finances or financially supports
Complaining Party The Party alleging that the other Party has committed a Potential Event of Default or an Insolvency Default

38.1.1(b)
Condemnation Losses Collectively, the value of a Party’s interest in the Arena Facilities, the loss of its rights under this Agreement, and any other compensation or damages to which such Party may entitled, as asserted in a Party’s claim in the event of a Taking

34.1.5(b)
Conflicting Events Special Events held by third parties that may conflict with regular Arena Events, including hockey games, concerts, family shows and other events, or outdoor Special Events, including Hockey Special Events, or create additional traffic congestion, parking burdens or other transportation problems that negatively impact the operations of, or access to and from, the Arena

25.1.2 Controlling Interests Voting rights, capital interests, or other interests or rights that give the holder thereof the ability to control, directly or indirectly, all material decisions that would affect the ability of SSE, SJAM or SJS LLC to comply with their respective obligations under this Agreement and the Hockey Use Agreement. For the avoidance of doubt, a party holding 50% or more of the Controlling Interests must retain the power to control all material decisions affecting the management and operations of SSE, SJAM or SJS LLC, as applicable

2.1.1(e)
Cost Increase Credit A Fee Credit available to Manager for any of the following that may be applicable from time to time during the Term: (i) Disallowed Tax Increases; (ii) City’s share of Possessory Interest Taxes; and (iii) Living Wage Expenses

6.2.2 CPI Consumer Price Index ‐ All Urban Consumers for All Items (with a base period of 1982 ‐ 1984 = 100) for the San Francisco‐Oakland‐Hayward Area published by the United States Department of Labor, Bureau of Labor Statistics. In the event the CPI Index is no longer published, another index published by either the State of California or a federal department or agency that is charged with the responsibility of measuring the cost of living in the geographical area that includes the City or comparable to the City

23.1.7(a)(i)
CSOs SJPD Community Safety Officers 24.2.1
Date of Taking The earlier of (i) the date when a final order is entered conveying title to the subject property (or property interest) to the acquiring Governmental Authority, or (ii) the date that the acquiring Governmental Authority is authorized to take possession of the subject property (or property interest) per an order of possession.

34.1.1(c)

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 20

SCHEDULE OF DEFINED TERMS

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Defined Term Definition Section
Deed Restriction The document recorded against the Arena Land described in Section

27.2.1(c), which describes prohibited uses and activities on the Arena Land

27.1.2(c)
Defending Party The Party that has committed or is alleged to have committed a Potential Event of Default or an Insolvency Default

38.1.1(c)
Delmas East The parcels currently designated as APN 259‐38‐128 and ‐142, located on the east side of Delmas Avenue south of W. Santa Clara Street in San José, California, and depicted on Attachment No. 11‐1.

19.1.1(i)
Delmas West The parcels currently designated as APN 259‐38‐036, ‐039, ‐040, ‐041, ‐ 042, ‐109, ‐110, ‐145, ‐146, ‐147, and ‐148, located on the west side of Delmas Avenue south of W. Santa Clara Street, and also depicted on Attachment No. 11‐1

19.1.1(j)
Delmas West Parking All parking spaces located on Delmas West, which is approximately 343 parking spaces as of the Effective Date

19.1.1(k)
Delmas Operating
Covenant
A covenant included in the Lot D Lease, executed between Google and Manager, according to which Google covenants, promises and agrees to continue to keep all of the Delmas West Parking open for public parking, commencing on the Effective Date of the Lot D Lease and continuing until Google obtains a grading permit for its development project on Delmas West

18.2.4(a)
Demand for Mediation A written notice of a Party’s intent to mediate, describing the Disputed Matter(s) to be mediated and the relief sought

39.1.1(a)
Determination Date 60 days following City’s receipt of a reasonably detailed estimate of the costs of design and construction work necessary to repair and reconstruct the Arena Facilities, subject to City’s good faith efforts, but shall not be later than sixteen (16) months after the date of Casualty

31.4.2 Diridon Area
‐or‐
Diridon Station Area
The geographic area covered by the Diridon Plan or DSAP

21.1.1(b)
Diridon Plan
‐or‐
DSAP
The Diridon Station Area Plan adopted by the City Council on June 24, 2014, and amended by resolution of the City Council on May 25. 2021.

The DSAP is a component of the City’s General Plan.

21.1.1(d)
Diridon Station The central passenger rail depot and transit hub located along the Caltrain and/or Union Pacific Railroad tracks at 65 Cahill Street in San José

21.1.1(c)
Disallowed Relocation Any attempt by Manger or its Affiliates to relocate the San Jose Sharks to a venue outside of the City of San Jose or to another city without first paying the Early Termination Fee if and when due under Section 5.2; shall be deemed a non‐monetary Event of Default

38.3.1 Disallowed Tax Increases Any or all of the New Taxes listed in Section 10.2.1(j) that are imposed or assessed by any City Authority or City‐Approved Assessment District, to the extent that any City Authority or City‐Approved Assessment District receives revenues or other funding therefrom

10.2.1(j)

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 20

SCHEDULE OF DEFINED TERMS

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Defined Term Definition Section
Disputed Matter Any dispute, claim or controversy arising out of or related to this Agreement or the breach, enforcement or interpretation of any provision hereof, including those matters described in Section 39.1.1(b)

39.1.1(b)
DOT City of San José Department of Transportation 23.1.5

24.2 DTSC California Department of Toxic Substances Control 27.1.2(f) DTW
‐or‐
Downtown West
Google’s mixed‐use development project located on approximately 80 acres within the Diridon Area and approved by the City Council on May 25, 2021

21.1.1(e)
Downtown West Parking
Requirements
Attachment 1 to the DTW Settlement Agreement, consisting of a redlined version of Exhibit K to the Downtown West Development Agreement

21.2.4 DTW Settlement
Agreement
The Settlement and Release Agreement dated May 25, 2021, pursuant to which the Parties and Google resolved disputes that had arisen between them in connection with the DTW project approvals and the DSAP amendment approvals. A copy of the DTW Settlement Agreement is attached hereto as Attachment No. 16 and incorporated herein by reference. For purposes of this Agreement, all references in the DTW Settlement Agreement to “SSE” shall mean and refer to Manager

21.1.1(f)
Early Termination Date The date on which Manager intends to vacate the Arena and terminate this Agreement, which must be at the end of a fiscal year

5.2.1 Early Termination Fee A early termination fee to be paid to City by Manager within twelve (12) months after giving its 2 Year Irrevocable Notice or at least 12 months prior to the Early Termination Date, which shall be in accordance with the schedule shown in Attachment 6 (“Schedule of Financial Terms”)

5.2.1(a)
Early Termination Right Manager’s right to terminate this Agreement following the Renovation Project End Date (defined in the Renovation Agreement), but not before June 30, 2031, upon Manager giving irrevocable notice of termination at least two (2) full Fiscal Years in advance of the early termination date designated in the notice

5.2.1 Economic Warranties Representations and warranties made to City by Manager for itself, its Owners and Affiliates

36.1.1 Effective Date The date (July 1, 2025) on which the Agreement is effective. Preamble

1.2 Emergency Capital Repairs
and Replacements
Capital Repairs and Replacements that must be accomplished immediately to remove a hazard to health and safety, ensure the structural integrity of the Arena Facilities, or eliminate a condition that causes the Arena Facilities to be non‐operational; such term does not include Code Upgrade Work, Extraordinary Repair Work, or work needed to repair or replace Arena Facilities following a Casualty as described in Section 31.1

28.1.1(o)

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 20

SCHEDULE OF DEFINED TERMS

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Defined Term Definition Section
Environmental Claims Any and all Claims as defined in Section 33.1, as well as administrative and judicial proceedings and orders and any required Investigation or Remediation

27.1.2(d)
Environmental Law California or Federal law, or any court order or judgment, that regulates or directs activities regarding the generation, possession, storage, use, transportation or disposal of a Hazardous Substance, or the Investigation or Remediation of a Hazardous Substance Release, including the laws described in Section 27.1.2(g); such term includes the enforceable provisions of any Deed Restriction recorded against the Arena Land

27.1.2(e)
Escrow Agent Bay Area Escrow Services 38.3.2
Escrow Agreement Agreement by and among City, Manager and Escrow Agent substantially in a form mutually agreeable to the Parties

38.3.2 Event Any sports, entertainment, educational, recreational, cultural, civic, or other activity, gathering, performance, production, show or event conducted at the Arena for which admission is controlled via a pass, ticket or other means

19.1.1(l)
Event Charges

Any facility rental fees (if applicable) and any actual expenses incurred by Manager for set‐up, dismantling, cleaning, event staff, and other expenses over and above normal operation and maintenance of the Arena (such as incremental utility expenses)

11.1.4(a)
Events Concierge A City appointee from the Office of Cultural Affairs, who shall act as Manager’s single point of contact, to facilitate Manager’s ability to quickly obtain permits for events that may need to be scheduled on short notice

25.1.1(a)
Event Day A calendar day on which one or more Events occur 19.1.1(m) Event of Default The happening of a Potential Event of Default that is not cured within the Applicable Cure Period or a failure by Manager to pay the Early Termination Fee as and when required, following Manager’s delivery to City of a 2‐Year Irrevocable Notice

38.1.1(d)
Excluded Manager Parcels One or more parcels that comprise a part of Lot E which Manager may elect to exclude from the Lot E Notice to Proceed

19.4.2(b)
Execution Date The date on which this Agreement has been executed by both Manager and City.

1.2 Extraordinary Repair Work Work needed to correct or cure any defect, corrosion, deterioration, subsidence, slippage, misalignment, cracking, non‐operation or breakage in items that are not expected to wear out during the life of the Arena Building (and therefore are not scheduled for repair or replacement) and that are reasonably necessary for the structural integrity and operational functioning of the Arena Facilities, including the following:
(i) Structural elements such as the foundations, concrete platforms, building envelope, load bearing walls, girders, seismic joints, roof support systems, and underground slurry walls (installed to prevent migration of Hazardous Substances);

28.1.1(p)

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 20

SCHEDULE OF DEFINED TERMS

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Defined Term Definition Section
(ii) Mechanical, electrical and plumbing permanently installed infrastructure components, that are not subject to normal preventative maintenance, such as the ventilation ductwork system or pipelines or conduits; and
(iii) The surface and sub‐surface components of the On‐Site Parking Facilities, including the asphalt (but only to the extent that damage is caused by subsidence or material construction‐related defects) and the Hazardous Materials Cap
Fee Credit A reduction in the amount of Annual Fees payable by Manager under this Agreement

6.2 Financing Authority The City of San José Financing Authority 29.2.1 Financing Lease
Agreements
One or more lease agreements pursuant to which the Financing Authority will lease the Arena Facilities back to the City

29.2.1 Financing Leases The Financing Lease Agreements together with the Financing Site Leases 29.2.1 Financing Site Leases One or more site leases pursuant to which the City will lease the Arena Facilities to the Financing Authority, taken collectively

29.2.1 First Amendment to 2018
AMA
The amendment dated December 4, 2018 as further described in the Recitals
Recital A

19.1.1(n)
Fiscal Year Also referred to as a Term Year, shall consist of 12 consecutive calendar months during the Term, beginning on July 1st of a calendar year and ending on June 30th of the following calendar year.

5.1.2 Force Majeure Credit A Fee Credit available to Manager if Manager’s use of the Arena Facilities or any material portion thereof is blocked, reduced or restricted (either permanently or temporarily) for more than five calendar days due to any of the following events: (i) a Casualty; or (ii) any other Force Majeure Event

6.2.3 Force Majeure Event Any matter or condition beyond the reasonable control of a Party that prevents or delays a Party’s ability to perform this Agreement in accordance with provisions thereof, in whole or in part, including:

(i) War, civil disturbances or riots, acts of terrorism or threats of acts of terrorism, criminal activities, public emergency or calamity, epidemics, pandemics, quarantine restrictions, fire, earthquake, flood, and unusually severe and abnormal weather conditions that are not foreseeable.

(ii) Strikes, lockouts or related work stoppages, labor disturbances, actions directly or indirectly affecting work or disrupting timely delivery of materials or supplies, inability to obtain labor or materials or reasonable substitutes therefor, and the failure of necessary utilities serving the Arena Facilities.

37.1 DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 20

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(iii) Governmental action or restriction or enactment or enforcement of any Applicable Law, except that enactment or promulgation of an ordinance, resolution, policy or guideline by City, or a default by City in its obligations under this Agreement, shall not constitute a “Force Majeure Event” as applied to performance by City.

Freeway Sign A large freestanding sign oriented to and designed to be viewed from a freeway

16.1.1(d)
Freeway Sign Lease A separate written lease agreement entered into by City and Manager for a Freeway Sign located on City Property

17.1.4(a)
General City Ordinance An ordinance or resolution adopted by the City Council or other City Authority that (i) is generally applicable to all sports and entertainment or businesses operating within the City, OR (ii) is no more restrictive than the Applicable Community Standard

14.2.1(a)
Google Google LLC, along with its successors and assigns 18.2 Governing Standards The terms of this Agreement as well as (i) Applicable City Policies and Guidelines; (ii) Applicable Laws; (iii) Applicable Construction Codes; (iv) Applicable Permit Requirements; (v) Applicable Performance Standard; and (vi) Applicable Community Standard

28.1.1(q)

12.1.3 Governmental Authority Any federal, state, regional or local governmental entity, political subdivision, agency, district, department, board, bureau, commission, authority or other administrative or regulatory body having jurisdiction over the Arena or Manager; such term includes the following agencies and their respective predecessor and successors: DTSC, RWQCB, DEH, and SCVWD

10.2.1(a)

27.1.2(f)
Hazardous Substances Any substance, material, condition, mixture or waste that is described in Section 27.1.2(g)

27.1.2(g)
High Speed Rail The project being proposed by the California High Speed Rail Authority to construct a high speed train system that would include 21 miles of track through San José and use the Diridon Station as its passenger depot

21.1.1(g)
Hockey Special Events Special Events in the vicinity of the Arena 25.1.1(a) Hockey Use Agreement The agreement, as amended from time to time as permitted by this Agreement, between Manager and SJS LLC governing the terms and conditions upon which the San Jose Sharks play their Home Games at the Arena

3.1.1(a)
HOF San José Sports Hall of Fame 11.3
HOF Display End Date April 30, 2029, which is the date on which Manager’s responsibilities regarding the HOF program will terminate due to the need to reclaim wall space as part of the Renovation Project

11.3 Home Game Any hockey game designated by the NHL as a home game of the San Jose Sharks

3.1.1(b)
Ice Centre Located at 1500 S. Tenth Street in San Jose, and is currently known as Sharks Ice at San Jose and Tech CU Arena
Recital D

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 20

SCHEDULE OF DEFINED TERMS

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Ice Centre Lease That certain Second Amended and Restated Ice Centre Lease and Management Agreement dated as of October 1, 2020, which City and Sharks Ice, LLC are parties to, for the user and operation of the Ice Centre of San Jose, as amended by a First Amendment thereto made effective as of July 1, 2025
Recital D
Impoundment Efforts under the mobile unit enforcement mechanism, as set forth in Chapter 6.54.405 of the San José Municipal Code

25.3.2(a)
Impoundment Procedures
Memorandum
Written operating procedures agreed to by the Parties and confirmed in a written memorandum, as relate to Manager’s assistance in City’s Impoundment efforts, as signed by Manager and the City’s Chief of Police

25.3.3 Included Manager Parcels Those Lot E Manager Parcels, or portions thereof, that will be included in the Lot E surface parking lot

19.4.4 Incremental TPMP Costs The actual TPMP Costs incurred by Manager for any Term Year in excess of the Baseline TPMP Costs for that Term Year

23.1.7(a)(iv)
Insolvency Default The happening of any of the following events:
(i) Manager or City is adjudged a bankrupt or insolvent in a final judgment that is not appealable or is not appealed;
(ii) A receiver or trustee is appointed to take possession of all or any part of the business or municipal functions or property of Manager or City, where possession is not restored to such Party within 60 days after such appointment;
(iii) Manager or City makes any general assignment of its property for the benefit of creditors;
(iv) Manager or City files a voluntary petition in bankruptcy or insolvency, or applies for reorganization or arrangement with its creditors, under the state, federal or other bankruptcy or insolvency laws now in force or hereafter enacted;
(v) An involuntary petition of bankruptcy or insolvency under the state, federal or other bankruptcy or insolvency laws is filed against Manager or City and is not dismissed within sixty (60) days after the filing; or
(vi) Manager or City seeks a composition with its creditors by trust, mortgage or otherwise

38.1.1(e)
Interim Relief Period An interim period of time during which Manager shall grant City partial relief from the Minimum Off‐Site Parking Requirements in accordance with defined terms and conditions in 19.1.5, and commencing on the Effective Date and expiring on December 31, 2026

19.1.1(o)

19.1.5 Interior Security Positions The number of positions needed for On‐Site Security Services for each Event

24.1.1(a)
Intermittent Conditions Any conditions (or series of conditions) caused by events that occur periodically, likely for a period of many years, for which the customers or participants use the same Off‐Site Parking Facilities used by Arena

19.3.1(a)

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Attachment No. 20

SCHEDULE OF DEFINED TERMS

{21893‐0114:00573491‐1}
Attachment No. 20
Schedule of Defined Terms

Page 15 of 28 ends

San Jose City CouncilAugust 26, 2025

San Jose City Council
August 26, 2025