8.1. SR 07-01-2019 - Laserfiche WebLink

Home Browse Search

EXHIBIT F A JOINT POWERS AGREEMENT FOR THE MUTUAL USE AND MAINTENANCE OF LION JOHN WEICHT PARK THIS AGREEMENT made and entered into this day of 2019, by and between the CITY OF ELK RIVER, a municipal corporation and political subdivision of the State of Minnesota, hereinafter referred to as "CITY" and INDEPENDENT SCHOOL DISTRICT 728, herein referred to as "DISTRICT"; and WITNESSETH: WHEREAS, the CITY owns park property and recreational equipment adjacent to Elk River High School in Lion John Weicht Park, as identified in the Land Exchange Agreement, entered onto this same day; and WHEREAS reference to PARK in this agreement shall be to the following defined amenities: two softball fields, concessions area, restrooms and parking lot adjacent to the softball fields; and WHEREAS, the CITY and the DISTRICT intend to cooperate in the creation, maintenance, repair and improvement of the PARK amenities; and WHEREAS, it is in the best interest of the CITY and the DISTRICT to provide for the joint use of public facilities as much as possible to reduce the tax burden of the CITY and the DISTRICT and for the benefit of the citizens of the CITY and DISTRICT; and WHEREAS, the CITY and the DISTRICT wish to enter into a joint powers agreement to clearly establish each parties' respective rights and responsibilities related to the maintenance and use of the PARK; and WHEREAS, Minnesota Statutes, Section 471.59 and 471.656 provides that two or more governmental units, by agreement entered into through action of their governing bodies, may jointly or cooperatively exercise any power common to the contracting parties or any similar powers, and that the agreement may provide for the exercise of such powers by one or more of the participating governmental units on behalf of the other participating units. NOW THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. The DISTRICT shall have priority use of the PARK during school hours. The DISTRICT will retain priority use of PARK for school activities that may occur outside normal school hours. The CITY will not charge the DISTRICT any fees for use of PARK.