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USE AGREEMENT <br />FOR THE USE AND MAINTENANCE <br />OF CITY OF ELK RIVER ICE HOCKEY LOCKER ROOMS <br />THIS AGREEMENT ("AGREEMENT") made and entered into this day of , 2020, by <br />and between the CITY OF ELK RIVER, a municipal corporation and political subdivision of the State of <br />Minnesota ("CITY") and INDEPENDENT SCHOOL DISTRICT 728, ("DISTRICT"). <br />WITNESSETH: <br />WHEREAS, the CITY owns the multipurpose facility located adjacent to Elk River High School; and <br />WHEREAS, the multipurpose facility includes two (2) ice hockey locker rooms and two (2) coaches' ice <br />hockey locker rooms ("LOCKER ROOMS") intended for Elk River High School Hockey use; and <br />WHEREAS, the CITY and the DISTRICT intend to cooperate in the creation, maintenance, repair, and <br />use of said LOCKER ROOMS. <br />NOW THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: <br />1. The DISTRICT shall have exclusive use of the LOCKER ROOMS. <br />2. There shall be no fees associated with DISTRICT'S the exclusive use of the LOCKER ROOMS. <br />3. The DISTRICT shall be responsible for the design, construction, and improvement of the LOCKER <br />ROOMS, consistent with state and local building, fire, and life safety codes. <br />4. The DISTRICT shall be solely responsible for any repairs, replacements, or enhancements to the <br />LOCKER ROOMS, consistent with state and local building, fire, and life safety codes. <br />5. The DISTRICT shall be solely responsible for the general cleaning and housekeeping of the LOCKER <br />ROOMS. <br />6. While the DISTRICT is using the LOCKER ROOMS pursuant to the terms of this AGREEMENT, the <br />DISTRICT agrees to comply with the multipurpose facility rules for use, operation and supervision of <br />the facility as established by the CITY. <br />7. All CITY property situated on or within the LOCKER ROOMS shall at all times remain the property of <br />the CITY. The DISTRICT, as the exclusive user of the LOCKER ROOMS, shall be responsible for the <br />preservation, repair and upkeep of all city property situated on or within the LOCKER ROOMS, to <br />include but not limited to fire suppressant systems, doors, light fixtures, wall systems, electrical systems <br />and IT systems. <br />8. All DISTRICT property situated on or within the LOCKER ROOMS shall always remain the property of <br />the DISTRICT and the responsibility of the DISTRICT. <br />9. The CITY shall have the sole responsibility for scheduling the multipurpose facility, with the DISTRICT <br />given first priority of scheduling ice time during the MSHSL Hockey Season. Both parties acknowledge <br />