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JOINT POWERS AGREEMENT <br /> <br /> THIS AGREEMENT, made this __ day of ,1998, by and between the <br /> <br />CITY OF ELK RIVER, a municipal corporation located in Sherburne County, Minnesota, <br />(hereinafter called "City") and ELK RIVER INDEPENDENT SCHOOL DISTRICT NO. 728, a <br />public corporation with its district offices located in Sherburne County, Minnesota (hereinafter called <br />"District"). <br /> <br /> WlTNESSETH: <br /> <br /> WHEREAS, the City and the District desire to cooperate in the development and maintenance <br />of the property described in Exhibit A attached hereto (hereinafter referred to as the "Property"), <br />which the District owns and which has been used by the District and the City as a recreational site <br />(a baseball field); and <br /> <br /> WHEREAS, the City and the District desire to improve the Property, perhaps adding <br />bleachers, permanent lighting and other improvements; and <br /> <br /> WHEREAS, the City does not want to invest funds to improve the Property unless it has <br />assurances that it will be able to continue to use the Property for recreational purposes or, in the <br />alternative, be assured of a return on any monetary investment made to improve the Property; and <br /> <br /> WHEREAS, the District desires to maintain control over the Property and its use and the <br />improvements to be made thereon; and <br /> <br /> WHEREAS, the District and the City desire to cooperate in the development and operation <br />of the Property; <br /> <br /> NOW, THEREFORE, it is hereby declared and agreed as follows: <br /> <br /> 1. The purpose of this Agreement is to jointly exercise the independent powers of the <br /> <br />City and the District to develop, maintain and operate a recreational facility on the property identified <br /> <br /> <br />