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RECREATIONAL ACCESS AND USE AGREEMENT <br /> <br /> THIS AGREEMENT, made this __ day of August 2003, between the City of Elk <br />River, a Minnesota municipal corporation, 13065 Orono Parkway, Elk River, Minnesota 55330 <br />(hereinafter "City"), and Tiller Corporation, a Minnesota corporation (hereinafter "Tiller"). <br /> <br />WITNESSETH: <br /> <br /> WHEREAS, Tiller is the owner of real property located in Elk River, Minnesota <br />described in Exhibit A (hereinafter "Property"). <br /> <br /> WHEREAS, City and its Designees (as defined below) desire to access and use said <br />Property for recreational and related purposes. <br /> <br /> WHEREAS, Tiller has agreed to allow the City and its Designees to use the Property at <br />no charge pursuant and according to the terms and conditions set forth in this Agreement. <br /> <br /> NOW, THEREFORE, in consideration of the mutual covenants and conditions <br />contained herein and for other good and valuable consideration, receipt and sufficiency which <br />are hereby acknowledged, the parties agree as follows: <br /> <br />City's Designees. <br />mean: <br /> a) <br /> <br />Reference to City's "Designees" in this Agreement shall <br /> <br />the public at large, including without limitation, members of the <br />Minnesota Biathlon Club; students and others associated with the Elk <br />River School District; and students and others associated with schools <br />participating in activities with the Elk River School District. <br /> <br />Term of Agreement. The term of this Agreement shall be one (1) year, and shall <br />automatically renew from year to year unless otherwise terminated according to <br />the provisions set forth in paragraph 7 below. <br /> <br />Agreement for Use of Property for Recreational Purposes. Tiller agrees that <br />City and City's Designees may use the Property for recreational purposes, without <br />charge, during the term of this Agreement. It is the intent of the parties hereto that <br />Tiller be deemed to be an owner entitled to recreational use immunity pursuant to <br />the provisions of Minn. Stat. §604A.20 - §604A.27. Nothing herein shall be <br />construed to prohibit Tiller from also using the Property in any manner, as <br />determined solely by Tiller. <br /> <br /> <br />