HomeMy WebLinkAboutModification of Mgmt-Ramp
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JUN I 7 1992
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AGREEMENT FOR MODIFICATION OF MANAGEMENT
AGREEMENT FOR PARKING FACILITIES
THIS MODIFICATION AGREEMENT is made this flU, day of ?./!Y;/fViI , 1991,
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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superseded.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
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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.
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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~
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By:
Its City Manager
By:
Cite, I, I'-
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STATE OF IfiNNESOTA )
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COUNTY OF ANOKA )
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/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
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COUNTY OF RAMSEY
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NOTARY PUBLIC
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"" NOTAIlY PUBlIC. MINNESOTA
WASHINGTON COUNlY
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The foregoing instrument was acknowledged before me this r2:2!:.."-day of
e~" 1991, by Richard H. Zehring, Executive Vice President of Zaidan Holdings,
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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
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