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HomeMy WebLinkAboutParking Ramp Agreement II 'y '17 ( AGREEMENT BETWEEN THE HOUSING AND REDEVELOPMENT .AUTHORITY IN AND FOR THE CITY OF COLUMBIA HEIGHTS AND Gay Realty, Inc. FOR THE m?ERATlON OF THE PARKING RAMP THIS AGREEMENT, made as of the 26thdayof October ,1982 , between The Housing and Revelopment Authority In and For the City of Columbla Heights (sometimes hereinafter referred to as the "Authority"), and Gay Realty Inc., a corporation organized and existing under the laws of the State of Minnesota (sometimes hereinafter referred to as the "Operator"); WITNESSETH THAT, in consideration of the mutual covenants herein contained the parties hereto recite and agree as follows: Recitals: ( Pursuant to a certain Management Agreement for Public Facilities and Lease of the Plaza Property by and between the Housing and Redevelopment Authority in and for the City of Columbia Heights and Terry Evenson, dated July 20th ,1982 (hereinafter referred to as the "Evenson Contract"), the AuthOrity and Terry Evenson agreed that Terry Evenson, in exchange for the right to use during certain times the 369-stall parking ramp (the "Parking Ramp") owned by the Authority and located at 950 40th Ayenue NE , in Columbia Heights, would be responsible for major repairs, replacements and maintenance, while the Authority would operate the Parking Ramp and perform routine maintenance thereof. By means of this Agreement, the Housing and Redevelopment Authority in and for the City of Columbia Heights hereby contracts with the Operator for the performance of all of the Authority's obligation under the Evenson Contract for the operation and maintenance of the Parking Ramp. ARTICLE I TERM Section 1.1. Term. The term of this Agreement shall 'be beginning on Iio~B2 and ending on""j:jt 30. 1987 term shall be termi~ded as provided herem. 5 years , unless said ARTICLE IT OPERATION ( Section 2.1. Operation in General. The Operator agrees to manage and operate the Parking Ramp in a professional, economical and businesslike manner, satisfactory at all times to the Authority. The Operator agrees to accomplish the following, unless otherwise directed by the Authority: (a) Provide such operational and maintenance supplies as are reasonably necessary to operate the F acili ty. -1- (b) Provide bookkeeping and accounting functions, if necessary. ( (c) Pay for all utilities, including gas, water and electricity. (d) Maintain all operating equipment. (e) Accomplish routine maintenance and repair. The Operator shall not engage in any other business on the Parking Ramp premises other than to provide such services as may be required to activate inoperative vehicles as requested by a customer of the Parking Ramp. The Operator shall report in writing to the Authority, within 24 hours, any damage or injury sustained to persons or property, Including the Parking Ramp its elf . Section 2.2. Hours. The Operator agrees to operate the Parking Ramp between the hours of 6:00 a.m. and 6:00 p.m., every Monday through Friday excepting state and federal legal holidays. ( Section 2.3. Rates. Between the hours of 6:00 a.m. and 6:00 p.m. the Operator agrees to charge and collect rates, if any, for parking motor vehicles which from time to time shall be established pursuant to the terms of the Evensor. Contract. Pursuant to the Evenson Contract It has been determined that there shall be no charge for parking at present and until the Operator Is notified otherwise. The Operator agrees that the Authority and Terry Evenson may change parkin~ rates from time to time and that any new rates established shall become effectIve on the dates stipulated by the Authority. The Operator may recommend to the Authority changes in parking rates. Bicycles shall be allowed to be parked free in such racks as are provided by the Authority. Section 2.4. Maintenance Obligations of Operator. The Operator agrees to notify the Authority prior to making any repairs which are subject to the competitive bidding requirements of Minnesota Statutes, Section 471.345. The Operator agrees to maintain the Parking Ramp, the equipment provided by the Authority and all parts thereof, in good condition and repair and In as safe condition as its operation will reasonably permit; making all repairs thereto, which may be reasonably necessary for this purpose, including but not limited to the following: (a) Maintain allllavement markings, bumper guards and wheel blocks. (b) Supply electric light bulbs and replace worn out bulbs and fuses. (c) Maintain and care for all plantings. (d) Maintain all parking equipment Including all gates, barricades, ticket spitters, etc. (e) Maintain the premises In a clean, presentable condition and not allow ( dirt, paper, or trash of any kind to accumulate upon the premises; and remove -2- snow, ice and other obstructions from the property and from driveways and sidewalks on the Parking Ramp premises. The snow and derbris removed, shall not ( be placed upon the public ways or any portion thereof. (0 Make minor necessary repairs to the structure, plumbing, lightinJ and \,\ ~j) heating systems; .the Authority to determine what eORstitu-tes-&-m4f1&H'epeJl'ri' \l"'~\ iY (g) Maintain and keep in good working order all directional and informational signs located within or on the exterior of the Parking Ramp. In the event that the Operator shall fail to comply with any of the aforementioned obligations, the Authority may, after five days notice to comply, in addition to other remedies set forth herein, enter upon such premises and take all steps necessary to insure compliance with the above obligations; and all work, labor and materials shall be charged to and paid for by the Operator, plus a reasonable amount for the overhead of the Authority, and such cost shall not be a deductible operational expense under Section 4.3. Section 2.5. Finance Procedure. (a) If and when there is a determination made pursuant to the Evenson Contract to establish fees for parking, the Operator agrees to deposit daily all monies collected at the Parking Ramp for parking, including monthly parking payments, if any, at such location and times as directed by the Authority. After deposit, such monies shall be under the complete control of the Authority. The Authority shall approve the manner in which deposits are :lJtI made, provided that the Operator shall be responsible for all such monies up to the 'v\ ' time of deposit. The Operator also agrees Ita timestamfl f1arlcillg tiel(etsf to make \ \ <\!\ ? J- - and collect parking charges; and to prepare and transmit daily reports in the manner and form designated by the Authority. ( (b) The Operator agrees to set up and maintain accurate records, books and accounts in the manner and form approved by the Authority; and that personnel authorized by the A uthority shall have the right to audit and examine said records, books and accounts at any time during regular business hours. The accounts shall reflect, but not be limited to, daily volume of parking and income (if any) and expense accounts; and the Operator shall prepare and submit monthly and annual profit and loss statements, as well as any incidental financial or operating statements, as deemed necessary by the Authority or as the normal course of operation shall dictate. All financial records shall be prepared and made available as provided by City and State laws. In the event that audits or examinations disclose shortages, or thefts of any type, the Operator shall reimburse the Authority for any revenue lost or any customer overcharges, as the Authority determines. Operator shall prepare an annual budget and submit same to the Authority by April 1st for the Authority's next fiscal year commencing January 1. Section 2.6. Annual Statement and Account. The Authority shall conduct an annual audit. ( Section 2.7. Alterations. The Operator shall make no alterations or additions to said premises and appurtenances without the prior consent of the Authority. It is expressly agreed that all appurtenances, presently or hereafter located in and upon said Parking Ramp, whether affixed thereto, or not, are and shall remain the property of the Authority. -3- ( ( ( Section 2.8. Rebate to Operator Prohibited. It is understood that there shall be no rebate to the Operator or its officers or employees of any portion of any expenditures representing an operating expense, as defined in paragraph 4.3 of this Agreement, by any person, firm or corporation which has provided goods or services to the Operator, unless such rebate is approved in writing by the Authority. Section 2.9. Authority to Contract Limited. No employee or agent of the Operator shall contract directly or indirectly, either as an owner, employee, or agent, for services over and above his duties or scope of employment, except with the prior written approval of the Authority. Section 2.10. Damage by Operator. The Operator shall repair any damage to the Parking Ramp or equipment therein, caused by the negligence of its employees. Such cost of repair shall not be a reimbursable operating expense. Section 2.11. Agreement Not a Tenancy. Nothing in this Agreement shall be construed as creating a tenancy between the Authority and the Operator; nor shall the Operator be deemed to have the right of occupancy to the premises or any part thereof. ARTICLE III PERSONNEL Section 3.1. Selection. The Operator agrees to secure, furnish, train and pay for all personnel as are reasonably necessary to be employed in the successful operation of the Parking Ramp. Any and all employees of the Operator, or other persons while engaged in the performance of any work or services required by the Operator under this Agreement shall be considered employees of the Operator only, and not employees of the Authority or have any contractual relationship with the Authority; and any and all claims that mayor might arise under the Workers' Compensation Act of the State of Minnesota, or similar act on behalf of said employees or other persons while so engaged in any work or services provided to be rendered herein, shall be the sole obligation and responsibility of the Operator. Section 3.2. Non-Discrimination. The provisions of all applicable federal, state and local laws and regulations pertaining to discrimination shall be consIdered a part of this Agreement as if more fully set forth herein. SectIon 3.3. Personnel Regulations. The Operator further agrees: (a) To furnish prompt, safe, efficient and courteous service adequate to meet all demands for his service at the Parking Ramp. (b) To furnish said service on a fair, equal, and non-discriminatory basis to all users thereof. (c) To maintain a close watch over attendants to insure that they shall dischtirge their duties in a safe, courteous, and efficient manner to maintain a high standard of safety and service to the public. (d) Not to divert or cause to be diverted any business from the facilities. -4- (e) N either the Opera tor nor his employees shall enter or drive any automobile which has been placed 'upon the premises for the purpose of self-parking, ( ARTICLE IV REPAIR AND REPLACEMENT OBLIGATIONS OF EVENSON Section 4.1. The Operator shall not be responsible for or pay for the following: (a) Extraordinary repair and maintenance of the Parking Ramp and equipment. (b) Necessary major repairs to the structure, including the foundation, walls, parking decks, roof thereof and also including plumbing, elevators, lighting and heating systems, contained therein. . ARTICLE V PA YMENTS TO OPERATOR Section 5.1. Management Fee and Administrative Cost and Expenses. Pursuant to the terms of the Evenson Contract, Terry Evenso~ has a~r~ed to ~ay as they become due any and all costs incurred by the Autho ity p rs ant t this Alrreement, According:ly the Operator shall look to Terry E~enso~ for ~a~ment of the manafi'ement fee, administrative costs and expenses And --;, erat'ng- ey e ses. ( The Ooerator shall keep records of all such fees, costs and exoenses and submit reoorts detailintr the amount and purpose of all such expenditures to the Authoritv on each March 1. June 1. September 1 and December 1 durinlr the term of this A~eement, ARTICLE VI INDEMNITY, BONDS, INSURANCE ( Section 6,1. Indemnity. The Operator covenants and agrees to pay SUbject to all provisions of this Agreement, all damages for injuries to real or personal property growing out of any negligent act or deed or any om mission to act of the Operator or any servant, agent, or employee of the Operator in connection with the operation of the Parking Ramp under this Agreement. The Operator covenants and agrees to defend, indemniiy, save, and keep the Authority harmless against all liabilities, losses, costs (including court and stenographic costs and an amount in reimbursement of attorneys' fees), damages, expenses, causes of action, suits, claims, demands and judgments of any kind or nature whatsoever which may in anywise come against the Authority for or on account of personal injuries or death, growing out of any negligent act or deed or omission to act on the Operator or any servant, agent or employees of the Operator in connection with the operation of the Parking Ramp under this Agreement. Section 6.2. Fidelity Bond. The Operator agrees to furnish a fidelity bond indemnifying the Authority against any dishonest acts of the Operator or any of his employees individually or in collusion with others, which bond shall be in the -5- . ( ( ( amount of not less than $5,000 for all employees and In a company approved by the Authority. - Section 6.3. Insurance. The Operator - shall- procure and maintain continuously In effect, during the term of this Agreement, insurance of the kind and amount sufficient to cover any liability of the Operator under the Workers' Compensation Act of Minnesota. Such insurance required in this section shall be taken out and maintained in responsible insurance companies in the State of Minnesota. Operator shall furnish the Authority a policy evidencing such insurance or a certificate or certificates of the respective insurers stating that such insurance is in force and effect. ARTICLE vn TERMINATION Section 7.1. Surrender of Premises. Upon termination of this Agreement by lapse of time or otherwise, the Operator shall surrender and turn over possession of the Parking Ramp premises to the Authority in the same manner and condition as it received the premises, excepting reasonable wear and tear. Section 7.2. Effect of Default. It is expressly agreed between the parties hereto that in the event the Parking Ramp is deserted, vacated, or abandoned, or if the Operator shall sell, assign, or pledge this Agreement; or if default be made in the performance of any of the covenants and agreements to be performed by the Operator; or if the Operator shall fail to comply with any of the statutes, ordinances, rules, orders, regulations or requirements of the federal, state, or city governments; or if the Operator shall file a petition in bankruptcy; or make an assignment for the benefit of creditors or take advantage of any insolvency act, the Authority may elect to terminate this Agreement and the term hereof; and in the event the A uthority elects to terminate this lease because of a violation of this section, upon such termination, the Operator shall compensate the Authority for the loss in revenue suffered by reason of such termination. ARTICLE vm MISCELLANEOUS Section 8.1. Rights Cumulative. The rights and remedies hereby created are cumulative, and the use of one remedy shall not be taken to exclude or waive the right to use of another. Section 8.2. Notice. In any case where it is desirable for the Authority to serve upon the Operator any notice or demand, it shall be sufficient to send a written notice or demand, by certified mail, postage prepaid, addressed to: Gay Realty, Inc. ",l:9S:5=W~G0T-Rf;a:Gr.]:z::: IS-o d C-I, C tf'J lJ-;). Salnt Paul, MN bbl13 - In any case where it is desirable for the Operator to give or serve upon the Authority any notice or demand, it shall be sufficient to send a written notice or demand, by certified mail, postage prepaid addressed to: -6- . . ( (. ( . , Columbia Heights Housing and Redevelopment Authority 590-40th Avenue Northeast Columbia Heights, Minnesota 55421 Section 8.3. Compliance with Laws and Ordinances. The Operator agrees to , operate said Parking Ramp in compliance with this Agreement and all laws and ordinances in effect or which may hereafter be adopted by and for the City of Columbia Heights. Section 8.4. Rules and Regulations. The Operator agrees to abide by rules and regulations relating to the use of the Parking Ramp as are promulgated by Terry Evenson, pursuant to the Evenson Contract, which rules and regulations may from time to time be changed. , , Section 8.5. Assignability by Operator. The rights, obligations and duties under this Agreement of the Operator shall not be assigned or transferred in whole or in part wi thout the prior written permission of the Authority. Section 8.6. Assi~ability by Authority. The rights, Obligations and duties of the Authority under thIS Agreement at the Authority's option may be assigned or transferred in whole or in part to the City of Columbia Heights without the consent of the Operator. Section 8.7. Damage or Destruction. If during the term of this Agreement, all or any part of the Facility shall be destroyed or damaged from any cause, the Authority may, at is option, cancel, modify, or suspend the operation of this Agreement upon three days notice to the Operator. Section 8.8. Option to Renew. -T-I1c Autherity s~-ha-ve-tfte-e~~tefl-~ew---'" and extend the terms of this Agreement in on~ ~fiV!L:::y.ear-tii"Crements, renewable each of the option years; such ~n e erm to begin upon the /f:;::2--' expiration of the term of this Agre ~all terms, covenants and provisions y {/"!IlI of this Agreement sha 0 such extended term. If the Authority shall elect \ to exercis . p ion, it shall do so not later than thirty (30) da~'s prior to the f\'tv\~ The Operator agrees that the Authority, at its option, may upon the termination of this Agreement extend this Agreement with the Operator on il negotiated basis, may solicit bids or negotiate with others for such services, or may operate the Parking Ramp with Authority personnel. The Operator agrees that by entering into this Agreement it obtains no additional rights or privileges in the future regarding the operation of the Parking Ramp and agrees that the Authority has not waived or abrogated any power or discretion it has regarding the operation of the Parking Ramp upon termination of this Agreement. Section 8.9. Operation by Authority. Nothing in this Agreement shall be construed es preventing the Authority from operating the Parking Ramp or providing for the operation thereof between the hours of 6:00 p.m. and 6:00 a.m. and on weekends and federal or state legal holidays pursuant to rules and regulations (including the establishment of a fee schedule for such times) established by the Authority. -7- ( , . ( ( ( IN WITNESS WHEREOF, the Authority and the Operator have caused this Agreement to be executed in their respective cqrporate names, and their respective corporate seals to be hereunto affixed and attested by their duly authorized officers, all as of the date first written above. HOUSING AUTHORITY IN AND FOR THE CITY OF COLU ' IA HEIGHTS By/ " By STATE OF MINNESOTA ) ) SS. COUNTY OF ANOKA ) By tI tI7 ~ The foregoing instrument !!:!J, a~OWledged ,before me this ,,.Jt,, day of 1((/' - VV, 19 1oL, by ~xJ.. 1U. mtIL..tl and , "- if :R4c.. ,the Chairman and Executive Director, of The Housing ana Re eve! ment Au ority in and for the City of Columbia Heights. ~~,#,#,,~~q.I#,.,"'~##'#"#'#tI'#"" "';:';':"'" LUCY ANN BECKWELL ~ ,',' ".\ ~ > " . :, Ur"lTARV PlJBlIC. ~IINNESOT/, ~ "" t "fr' fu -...., ,tl.J"l"V ~ . ~"'l.' "~ ANCJI\/':" u.... " ' , ~ ....:~' ,J...~. My Commission Expires Aug. :!2, h." ) 1/,' 'N'!"" . ," ^ '-N.J>otHHt"##.$H "f'~"''''.NO''!~b{' ~t-~bd{ . Notary Pub c STATE OF MINNESOTA ) ) SS. COUNTY OF ANOKA ) II, The foregoing instrument Vfas ackno ledged bef~re ?1fthis L20. '. . day of '1Jt!2f.~/J/ , 19fz..., by 12?" t< , Its _,e..u~ , a corporation organizecr-and exis 1 g under he L sot eState 0 Minnesota. r;:::~:"~u~~ BECKWELL ~ &;~~r-;~~~~ ~ i::':'A't.:'" ,it ~'nT NW F' IBLJG - rv"NNEsort. ['.;-"';7 N' ., ,~::""TV .~J.. 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