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AGREEMENT 2017-23 <br /> YOUTH ATHLETIC COMPLEX AND OAK KNOLL ATHLETIC <br /> COMPLEX DUGOUTS AGREEMENT <br /> THIS AGREEMENT ("Agreement") made this 21st day of August, 2017, by and <br /> between the CITY OF ELK RIVER, a Minnesota municipal corporation ("City"), and the Elk <br /> River Youth Baseball Association, a Minnesota nonprofit corporation. <br /> RECITALS <br /> A. The City owns and operates the athletic fields at the Youth Athletic Complex and <br /> Oak Knoll Athletic Complex. <br /> B. Association has asked the City to install dugouts on fields #5 and #6 at the Youth <br /> Athletic Complex and Fields #1 and #2 at the Oak Knoll Athletic Complex. <br /> C. Without a substantial financial contribution from the Association, the City would be <br /> unable and unwilling to install dugouts at the Youth Athletic Complex and the Oak Knoll Athletic <br /> Complex. <br /> D. The City is relying upon this Agreement for a financial contribution to install <br /> dugouts for Fields #5 and #6 at the Youth Athletic Complex and Fields #1 and #2 at the Oak <br /> Knoll Athletic Complex. <br /> NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL <br /> COVENANTS THE PARTIES AGREE AS FOLLOWS: <br /> 1. INITIAL CONTRIBUTION. The Elk River Youth Baseball Association shall <br /> pay the City$15,000 as an initial contribution towards the City's costs to install dugouts at the Youth <br /> Athletic Complex and the Oak Knoll Athletic Complex at the time of execution of this Agreement. <br /> 2. SUBSEQUENT CONTRIBUTIONS. The Association shall make an <br /> additional contribution toward the cost of installing dugouts at the Youth Athletic Complex and <br /> Oak Knoll Athletic Complex in the amount of$46,162. The additional contributions shall be paid to <br /> the City in four (4) annual payments of$11,540, the first payment to be made on July 1, 2018, and <br /> the final three (3) payments to be made on July 1, 2019, 2020 and 2021. <br /> 3. FIELD TIME COMMITMENT. The Association shall have the same priority <br /> rights to use of the athletic fields at Youth Athletic Complex and the Oak Knoll Athletic Complex <br /> as other users pursuant to then-applicable city policies, including the city's field allocation policies. <br /> Failure of the Association to make its initial contribution and all additional contributions as provided <br /> in the Agreement shall be cause for the City to deny Elk River Youth Baseball Association field time <br /> on Fields #5 and #6 at the Youth Athletic Complex and Fields #1 and #2 at the Oak Knoll Athletic <br /> Complex. <br />