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HomeMy WebLinkAboutModification of Management-Ramp , . rJ., ... AGREEMENT FOR MODIFICATION OF MANAGEMENT AGREEMENT FOR PARKING FACILITIES 71 THIS MODIFICATION AGREEMENT is made ~ fUfJ1';"",A , 1990, between the city of (hereinafter "the City") and Zaidan Holdings, corporation (hereinafter "Zaidan"). this ~ day of Columbia Heights Inc., a Canadian In consideration of the mutual agreements between the city and Zaidan, including the covenants and agreements set forth in previously executed agreements, between the parties described below, the City and Zaidan do hereby agree to modify that document styled as a Management Agreement for Parking 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 20, 1982 ("Management Agreement"). The city is the assignee of the Housing and Redevelopment Authority's interest in the Management Agreement and Terry Evenson's interest in the Management Agreement has been assigned to and assumed by Zaidan. This Agreement is also intended to and does hereby modify the terms of a previously executed document entitled Agreement Between the city of Columbia Heights and Zaidan Holdings, Inc. for the Operation of the Parking Ramp dated June 29, 1988 (hereinafter "Ramp Operation Agreement"). To the extent previous covenants by and between the city and Zaidan in the Management Agreement and/or the Ramp operation Agreement are inconsistent with the terms herein, those terms are hereby superseded. The City and Zaidan hereby mutually agree and contract for the further clarification of the use policies of the subject parking ramp described in the Management Agreement (hereinafter "the Ramp") to assure use of the Ramp by the public generally on equal terms and conditions, as follows. ARTICLE I TERM section 1.1. Term. The term of this Modification Agreement shall begin on the date hereof and shall extend for the rema~n~ng duration of the Management Agreement and the Ramp operation Agreement or until further modification by mutual written agreement between the City and Zaidan. - ,,-. ,. ,"' , ' .' ARTICLE II USE OF PARKING RAMP Section 2.1. Use of Parkinq Ramp. Pursuant to Part 2, Article I, Section 1.02(a) of the Management Agreement, the City and Zaidan have mutually determined and agreed that the Ramp should be more fully utilized by members of the public generally described therein, and, by mutual agreement, the City and Zaidan hereby establish the following further terms and conditions for use of various portions of the Ramp by all members of the general public: (a) To provide for the most efficient use of the Ramp by the general public, Zaidan shall at all times maintain 40 percent of the stalls in the Ramp for short term use by members of the general public. Zaidan shall promulgate reasonable rules and regulations and shall determine the use and location for such stalls. The city and Zaidan agree that those parking stalls maintained for short term use by the general public will be available only for periods not to exceed four hours. - (b) To provide for the most efficient use of the parking ramp by the general public and for continued reasonable public access to the adjacent office building, Zaidan shall prescribe the number and location of parking stalls in the Ramp which may be reserved for use by tenants of the adjacent office building and their guests and public business invitees and for use by the general public on a monthly permit basis. However, in no event may all of the stalls in the Ramp be reserved for use by tenants of the adjacent office building or monthly permit holders. (c) Zaidan shall make available monthly parking permits for designated stalls to the general public, subject to availability, the same to be on a first come, first serve basis under the same terms and conditions as tenants of the adjacent office building. Zaidan shall further promulgate reasonable rules and regulations for the use of the parking Ramp by adjacent office tenants, permit holders, and public short term parking by the general public to effectuate continued public use of the Ramp. 2 j ,~ -... . , . . IN WITNESS WHEREOF, the city and Zaidan have caused this Agreement to be executed in their respective corporate names, as of the date first written above. CITY OF COLUMBIA HEIGHTS I.~ (J; /:~/.) / r / ~ r-'" y By 'c-A.,^-,_;;;; ~_.-L~,-.,.-, By'~0;;C~~ Its City Manager ZAIDAN HOLDINGS, INC. STATE OF MINNESOTA ) )ss COUNTY OF ANOKA ) . The foregoing instrument was acknowledged before me ~ day of /lJ~'- , 1990, by Ejl1 JcL,d /11. Ca.,./:;Ot1 ~arl ~. ~d"';""",,,- ,the !'-la;..fOr ;'y {!'+'/ Ci/I()4er of t;e City of Columbia Heights. ~,L #OftG' Notary Public ,/ __.._.'___ r'fF;~ 'il~N':i "', J _ :- r ~.(~:-~~~j}NaTARv '" ~L Ie '.1''''~E.::~~~ < ...,' ',-~:~.. 'I"~K.\ ~,...,..r'~" )~. ,......... ~_.. "( .~'v C::l~!I'M!S"'!"'''l ...'. -- - - -..-.--,.._.- _.- -. - -.' this and and COUNTY OF J>",n:I:''''1. '\<.f1m:'>E'/ ) )ss ) STATE OF MINNESOTA The foregoing ~ day of a."""'o....-- Zaidan Holdings, Inc. instrument was acknowledged before me this , 1990, by 'I<..ch.:....d \4. -z....\-..r:~~, -rl..e. of E'X~~U.f-,'Vc. Vie<:. pr~{de^r a <7X~ a 1Y)~-f::w-- Notary Public / . 3 f'~~~~"I. \3t"fil IIGTAKY MUC 11 ~ "'''KOU COVIft'I' ',Com"'. [.._....._ 1.... ." .....".."'... ~.................... ............................ .