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243877 OR16NiAL TO CITY CLBRK 2438�"� CITY OF ST. PAUL FOENCIL NQ,. , OFFICE OF THE CITY CLERK O NCIL RESOLUTION—GENERAL FORM RRESENTED BY COMMISSIONE DATF RESOLVED, that the proper City officials are hereby authorized and directed to execute an agreement by and between the Port Authority of the City of Saint Paul, a public corporation, and the City of Saint Paul, by and �hrough the City Planning Board, a municipal corporation, for the purposes of obtaining professional planning and design consultation services for the Mississippi River Waterfront and vieinity, a copy of said agreement is hereto attached and made a part hereof. � � � '�' C�ounae� , � MAY 14 1969 COUNCILMEN Adopted by the Council 19— Yeas Nays �Y 1 4 �9�� Carlson Dalglish Approved 19�_ Meredith �n Favor Peterson � Mayor Sprafka A gainst Tedesco Mr. President, Byrne pUeLISNE� MAY 17 1969 O / J i ,� ,• ' . ��� '. .'!' . . . ��� � ' AGREEMENT THIS AGREEMENT, Made and entered into this day of 1g6g , by and between the PORT AUTHOI�ITY OF THE CITY OF SAINT PAUL, a public corporation organized and existing under the provisions � of Tiinnesota Statutes , Chapter 458, hereinafter called "Port Authority" and the CI�Y OF SAINT PAUL, MINNESOTA, by and through its CITY PLANNING BOAR.D, a municipal corporation, hereinafter called the "Board" , : �JITNESSETH: WHEREAS, The Port Authority and the Board are desirous of obtaining professional planning and design consultation services for the Mississippi River Waterfront and vicinity; and WHEREAS, The Board has entered into an Agreement for profes- sional services with Eckbo , Dean, Austin & Williams, Inc . , herein- after called the "Urban Designer" , on the day of 19t9; .� Y NOW, THEREFORE, IT IS MUTUALLY AGREED, by and between the parties hereto as follows; ., 1 . In the event the professional services rendered by Eckbo, Dean, Austin & Williams , Inc . , should total Thirty-Five Thousand Dollars (�35 ,000.00) , the Port Authority agrees to pay as its share Twenty Thousand Dollars (�20 ,000 .00) . The said Twenty Thousand Dollar amount shall be the maximum contribution made by the Port Authority for the services rendered by the Urban Designer. Should such services total less than Thirty-Five Thousand Dollars as sub- mitted by the Urban Designer, the Port Authority' s share shall be reduced in a corresponding ratio . The four-sevenths contribution by the Port Authority to the Board for services rendered by the Urban Designer shall be limited to the actual payment due said Urban Designer from the Board in accordance with the terms and conditions of that certain Agreement entered into between the Board and Urban Designer dated the day of 196g , a copy of which is attached hereto and incorporated herein. 2 . A copy of the monthly billing received by the Board from the Urban Designer for professional services and a copy of the summary attached to said billing regarding the status of the accom- plishment of the services , as provided for in Article V of the Agreement between the Board and Urban Designer, shall be submitted to the Port Authority. Said Port Authority shall promptly pay to the Board its four-sevenths share of the actual amount then due the Urban Designer. � . � � * 3. Iii the eveiit tlie Port tluthority sliould deteriiiine that Urbaii Designer llas :failed to comply witti the terms ancl conditions • of the Agreenient' entered into between the Iloard and tlie Urban Designer, notice of such breach may be given by �the Port Authority ' to the Board, aiid if the Urbaii Desi�ner fails to comply with such , terms aiid conditioiis `ti�itliili tlrenty �20� days from tlie date of notice from the Port Authority to the Board, the Port Authority' s four-seventlis contriUution sliall terminate , and said Port Authority sllall fortli�rith pay to the Board its four-seve�nths con- tribution for Urban Designer services up to that time. 4. Port Authority shall have the right to terminate this Agreement at any time upon giving the Board twenty (20� days ' written notice . In the event of such termination, the Port Authority shall forthwith pay to the Board its four-sevenths con- tribut�ion for services rendered by the Urban Designer up to the time of termination of this Agreement between the Port Authority and the Board. IN WITNESS WHEREOF, The parties hereto have caused these presents to be duly executed as of the day and year first above written. . CITY OF SAINT PAUL,� . Acting through its In the presence of: CITY PLANNING BOARD By Chairman And Secretary PORT AUT� RITY OF THE In t e presence of: . CITY 0 S NT PAUL � . i. o � v � �� ` /� � f-z�, C' .���i: By c �� i;L'i._ � / , President � - , �..�J ��/1Il � �2 tli4.� f � Arid /i� l' \I�_ ��� •.; r�� T " Se�r jtary " � . s - i � 2 , . . Mayor � i y er