HomeMy WebLinkAboutModification of Management-Ramp
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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herein, those terms are hereby superseded.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.
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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.
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(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.
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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
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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 ,/ __.._.'___
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this
and
and
COUNTY OF J>",n:I:''''1. '\<.f1m:'>E'/
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)ss
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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 / .
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