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AGREEMENT <br /> BETWEEN THE CITY OF ELK RIVER <br /> AND INDEPENDENT SCHOOL DISTRICT NO. 728 <br /> REGARDING THE INSTALLATION OF MUNICIPAL WATER LINE AND <br /> MAINTENANCE OF HALES FIELD/OAK KNOLL IRRIGATION SYSTEM <br /> THIS AGREEMENT made this day of , 2012, by and between the <br /> CITY OF ELK RIVER(CITY), a municipal corporation under the laws of the State of <br /> Minnesota, and INDEPENDENT SCHOOL DISTRICT No. 728 (ISD 728), an <br /> independent school district created and existing under the laws of the State of Minnesota. <br /> WHEREAS, ISD 728 currently owns and operates the Hales Field/Oak Knoll Well <br /> (Well), which is located on property owned by ISD 728 and is used to irrigate athletic <br /> fields; and <br /> WHEREAS,the parties desire to enter into a joint powers agreement pursuant to the <br /> authority granted by Minnesota Statutes, Section 471.59 for the use, maintenance and <br /> potential replacement of the Well, and for the installation and maintenance of municipal <br /> water lines. <br /> NOW THEREFORE, it is agreed by and between the parties as follows: <br /> USE OF WELL <br /> ISD 728 agrees to provide to the CITY, water via the Well, until the point of well <br /> cavitation (loss of regular water pressure), as mutually determined by ISD 728 and CITY. <br /> If ISD 728 and CITY disagree on the point of well cavitation, the well will be examined <br /> by EH Renner& Sons to determine status. If EH Renner is not available, the parties will <br /> mutually select another vendor. Upon cavitation, CITY will switch to the municipal <br /> water line for the remainder of the watering season unless it is mutually agreed by ISD <br /> 728 and CITY for CITY to continue using Hales Field/Oak Knoll Well for the watering <br /> season. <br /> INSTALLATION OF WATER LINES <br /> ISD 728 will install municipal water lines located upon property owned by ISD 728 and <br /> surrounding Hales Field, in the location identified on Attachment A and highlighted in <br /> red. <br /> FINANCE <br /> The cost of installation of the municipal water lines shall be split evenly between the <br /> CITY and ISD 728. ISD 728 will invoice CITY for any installation invoice amounts not <br /> directly billed to CITY and CITY will pay the invoice within 30 days. If part of the bill <br />