2008-02-12 Regular Council Session Agenda

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AGREEMENT TO IMPROVE PARKING LOT THIS AGREEMENT TO IMPROVE PARKING LOT is made and entered into this ________ day of ______________, 2008, by and between THE WASHINGTON UNIVERSITY, a corporation established by Act of the General Assembly of the State of Missouri approved February 22, 1853 and acts amendatory thereto, whose address is One Brookings Drive, Campus Box 1058, St. Louis, Missouri 63130-4899 (“WU”) and CITY OF UNIVERSITY CITY, MISSOURI, a home rule charter city organized and existing under the laws of the State of Missouri, whose address is 6801 Delmar Boulevard, University City, Missouri 63130 (“City”). WHEREAS, WU is the owner of real estate known as and numbered 7345 Forsyth Boulevard located in the City of University City, County of St. Louis, State of Missouri more particularly described as follows (the “Property”): Part of Lot 1 in Block 2 of WEST FORSYTH PLACE, according to the plat thereof recorded in Plat Book 22 Page 51 of the St. Louis County Records, fronting 70 feet on the North line of Forsyth Boulevard by a depth Northwardly between parallel lines of 70 feet; bounded East by the East line of said Lot 1. WHEREAS, the Property is currently unimproved; WHEREAS, WU has submitted plans prepared by _______________ project number ________ dated ________ (the “Plans”) to City for improvement of the Property as a surface parking lot. NOW, THEREFORE, in consideration of the mutual undertakings hereinafter set forth and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, WU and City hereby agree as follows: 1. Upon and subject to approval of the Plans by the City, WU agrees at its sole cost, risk and expense to improve the Property as a surface parking lot (other than meters and signage associated therewith) substantially in accordance with the Plans. Thereafter, WU agrees at its sole cost, risk and expense to maintain and repair the surface parking lot (other than meters and signage associated therewith), to include snow removal, in accordance with its campus standards. 2. Upon completion by WU of its work as aforesaid, City at its sole cost, risk and expense agrees to install parking meters on the Property and any and all signage associated therewith substantially as shown on the Plans or as otherwise mutually approved by WU and City. Thereafter, City agrees at its sole cost, risk and expense to replace, maintain and repair the parking meters and associated signage in accordance with its municipal standards. 3. City shall have sole responsibility for enforcement of all applicable parking restrictions.