Loading...
HomeMy WebLinkAboutModification of Mgmt-Ramp r '" ., J "" JUN I 7 1992 ~ ~, , " ", AGREEMENT FOR MODIFICATION OF MANAGEMENT AGREEMENT FOR PARKING FACILITIES THIS MODIFICATION AGREEMENT is made this flU, day of ?./!Y;/fViI , 1991, J between the City of Columbia Heights (hereinaft:er "t:he City") and Zaidan Holdings, Inc., a Canadian corporation (hereinaft:er "Zaidan"). In considerat:ion of the mut:ual agreements between t:he City and Zaidan, including the covenant:s and agreements set fort:h in previously execut:ed agreements between the part:ies, described below, the City and Zaidan do hereby agree to modify that document'styled as a Management Agreement for Parking Facilities and Lease of t:he Plaza Propert:y 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 int:erest in the Management Agreement has been assigned to and assumed by Zaidan. This Modification Agreement is also intended t:o and does hereby modify the terms of a previously executed document entitled Agreement: Bet:ween the City of Columbia Heights and Zaidan Holdings, Inc. for t:he Operation of the Parking_"R~p dated June 29, 1988 (hereinafter "Ramp Operat:ion Agreement:"). To the ext:ent previous covenants by and between the Cit:y and Zaidan in the Management: Agreement and/or the Ramp Operation Agreement are inconsist:ent with the terms herein, those t:erms are hereby superseded. This Modification Agreement: also supersedes and cancels a previous modification agreement: between Zaidan and the City dated November 9, 1990. 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 TE'RM Sect:ion 1. ~. The term of this Modification Agreement shall begin on the date hereof and shall extend for the remaining duration of the Management: Agreement and the Ramp Operation Agreement or until furt:her modification by mutual writt:en agreement between the City and Zaidan. ARTICLE II USE OF PAllKIHG RAMP Sec~ion 2.1. Use of Parkin~ Ramo. Pursuan~ ~o Par~ 2, Ar~icle I, Sec~ion L02(a) of t:he Managemen~ Agreemen~, ~he Cit:y and Zaidan have mu~ually det:ermined and agreed t:ha~ t:he Ramp should be more fully u~ilized by members of ~he public generally described ~herein, and, by mu~ual agreemen~, ~he Ci~y and Zaidan hereby es~ablish t:he following fur~her ~erms and conditions for use of various por~ions of ~he Ramp by all members of t:he general public: (a) To prov:l.de for the mos~ effic:l.ent use of the Ramp by ~he general public, Za:l.dan shall at all ~imes ma:l.n~a:l.n 40 percent of ~he s~alls :l.n the Ramp for shor~ ~erm use by members of ~he general public. Zaidan shall, subjec~ ~o t:he regulat:ion and approval of the Ci~y, promulgate reasonable rules and regula~ions and shall de~ermine t:he use and locat:l.on for such s~alls. The Cit:y and Za:l.dan agree t:hat: t:hose park:l.ng s~alls maint:ained for shor~ ~erm use by the general public w:l.ll be available only for P!'l;:;j,gg~y!1,gtt<>F.llxd'eedWfdwthp.\iii'!!Il!i (b) To provide for ~he most: effic:l.ent: use of t:he parking Ramp by ~he general publ:l.c and for con~:l.nued reasonable publ:l.c access ~o ~he adjacen~ off:l.ce building, Za:l.dan shall main~a:l.n 60 percen~ of ~he s~alls in t:he Ramp for long term mont:hly perm:l.t park:l.ng reserved for use by the general public and for use by tenants of the adjacent office bu:l.ld:l.ng, the:l.r gues~s and publ:l.c business inv:l.tees on a f:l.rst come, f:l.rst serve bas:l.s and subject to ava:l.lability, and shall post a sign indicating t:he same on the Ramp prem:l.ses. It:l.s the :l.ntent of th:l.s Mod:l.fica~ion Agreement: ~hat none of the stalls in ~he Ramp w:l.ll be reserved for the exclus:l.ve use by tenants of t:he adj acen~ off:l.ce bu:l.lding, the:l.r gues~s and public business invitees, ot:her t:han as prov:l.ded in th:l.s Mod:l.f:l.cat:l.on Agreement. (c) Za:l.dan shall make ava:l.lable monthly park:l.ng perm:l.ts for des:l.gnated st:alls t:o the general publ:l.c, as well as tenant:s of t:he adjacent off:l.ce bu:l.lding, t:he:l.r guests and publ:l.c bus:l.ness :l.nvitees subject t:o ava:l.labil:l.t:y, t:he same to be on a first come, f:l.rst serve basis. Zaidan shall prescr:l.be t:he number and locat:ion of parking stalls :l.n the Ramp which may be reserved for use by mont:hly permit holders. Zaidan shall, subjec~ t:o regulation and approval of t:he City, furt:her promulgate reasonable rules and regulations for the use of t:he Ramp t:o effect:uate public use of the Ramp. 2 I. . ~ . " Sec1:ion 2.2. Condi1:ions. (a) All ra1:es and charges 1:0 be exac1:ed for parking as provided in 1:his Modifica1:ion Agreemen1: shall be subj ec1: 1:0 1:he regula1:ion and approval of 1:he Ci1:y. (b) Zaidan is hereby prohibi1:ed from selling or offering for sale or allowing any individual or en1:i1:y from selling or offering for sale any merchandise or supplies including gasoline or oil, or 1:he cleaning, repair or furnishing of services o1:her 1:han parking and delivery of au1:omobiles in 1:he Ramp. (c) Zaidan shall main1:ain records necessary 1:0 show i1:s compliance wi1:h 1:he requiremen1:s of 1:his Modifica1:ion Agreemen1: and shall make 1:he same available for audi1:, inspeC1:ion and/or copying 1:0 1:he Ci1:y upon reques1: of 1:he Ci1:y. (d) The Ci1:y shall main1:ain records necessary 1:0 show i1:s compliance with the requirements of 1:his Modifica1:ion Agreemen1: and shall make the same available 1:0 Zaidan upon reques1: of Zaidan. IN WITNESS WHEREOF, 1:he CHy and Zaidan have caused 1:his Modification Agreemen1: 1:0 be execu1:ed in 1:heir respec1:ive corpora1:e names, as of 1:he da1:e firs1: written above. CIn OF ~Lu;mIA HEIGHTS 1 By: J~~,r-' /J~d~ ~~ _ UJ ~~ By: Its City Manager By: Cite, I, I'- 3 ~ , . ~ STATE OF IfiNNESOTA ) )aa. COUNTY OF ANOKA ) , I .. " /J.' The foregoing inatrument waa acknowledged before me this /I€-I.... day of "11iiJ..-UOti' 1991, by Edward M. Carlson and Stuart W. Anderson, Mayor and Acting City Manage..- of the City of Columbia Heights. STATE OF IfiNNESOTA ) )as. ) COUNTY OF RAMSEY "" .-, /).~~ -?"?~ / - I NOTARY PUBLIC ~x~ '8".."."... .'Kr:~;~: ~~".. "'''<i "" NOTAIlY PUBlIC. MINNESOTA WASHINGTON COUNlY ~TYYYTTT r It ,:.:o::.~, ~:O:Tl,~."i The foregoing instrument was acknowledged before me this r2:2!:.."-day of e~" 1991, by Richard H. Zehring, Executive Vice President of Zaidan Holdings, nc. aU ":"~":"M..:::i".."..~... " ~ WENDY E SHULTZ ~ HOTAn" ;:~3L:C. f.;U~:r:E~Oi"/\ f. " "n< WASHINGTC~~ CC';NTY ~ ~ ,,"~.. ;Ay Cor.,~t!siun ;::q:!r~s ':li:116, 1995 Zoo "" ~ ::t r:':'N'!'t~.! 1-'f"."~':'i'r:":'...~;-:~~~'~'r;',,!~1",; .:"-!'1"f ~ NOTARY PUB 4 I j