Adopt Resolution #13-09-151 Approving the First Amendment to Amended and Restated Parking Improvement Use and Maintenance Agreement for Parking District A

In April 2012, the City Council, the HRA and the EDA approved the Amended and Restated Parking Use and Maintenance Agreement (PUMA) for Parking District A.  The amended agreement was updated to address the concept of the dedication of spaces to The Residence at The COR, related signage and use issues surrounding the ongoing operation of the ramp, etc.  That agreement was recorded in May 2012, and included a provision for the preparation and execution of an amendment to the agreement to add the legal description for the "Exclusive Easement Area" as outlined conceptually in Exhibit D-2 of the recorded Agreement.  This was to be prepared following the completion of construction of the ramp and related vestibules.  In January 2013, the City Council approved the First Amendment to the Amended and Restated Parking Use and Maintenance Agreement for Ramp A.  The motion was made, seconded, and approved, but not done by resolution; therefore, it was not accepted for recording as is.   The City HRA Attorney in this matter,  Mr. Tom Bray, has asked staff to draft a resolution for Council to reaffirm the approval of the First Amendment to Amended and Restated PUMA for Parking District A.  Once the resolution is executed, staff will send a certified copy to Mr. Bray which should allow for the recording.

Staff has attached a copy of the January 8, 2013, City Council case re the First Amendment to the PUMA as well as the excerpt of minutes from that evening relating to the motion for the amendment.

This is not a new motion request, this is asking for adoption of a resolution reaffirming a motion.  The formal resolution is a necessity for the recording of the agreement.

Staff is recommending Council adopt the resolution, reaffirming action taken on January 8, 2013, approving the First Amendment to the Amended and Restated Parking Use and Maintenance Agreement. 

Motion to adopt Resolution #13-09-151 Approving the First Amendment to Amended and Restated Parking Improvement Use and Maintenance Agreement for Parking District A.