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<br /> <br />A JOINT POWERS AGREEMENT FOR THE MUTUAL USE AND MAINTENANCE OF ACTIVE <br />USE AREAS (HOCKEY RINK AND WARMING HOUSE) LOCATED AT 10129 181ST AVENUE NW, <br />ELK RIVER, MN <br /> <br /> <br />THIS AGREEMENT made and entered into this 17th day of September 2020, by and between the following <br />parties: <br /> Spectrum Building Company, a nonprofit corporation under Minnesota Statutes, Chapter 317A, herein <br />referred to as “OWNER” <br /> Spectrum High School, a public charter school under Minnesota Statutes, section 124E and nonprofit <br />corporation under Minnesota Statutes, Chapter 317A, herein referred to as “SCHOOL”; and <br /> The City of Elk River, a municipal corporation and political subdivision of the State of Minnesota, <br />hereinafter referred to as “CITY” <br /> <br />Recitals <br />WHEREAS, Spectrum Building Company (OWNER) is the owner of real property located at 10129 181st Ave <br />NW, Elk River, MN, which is leased fully to the SCHOOL, including these facilities that are capable of being <br />used by the CITY for community recreational purposes; and authorizes the SCHOOL to coordinate and delegate <br />use of leased facilities; and <br /> <br />WHEREAS, OWNER, SCHOOL, and CITY wish to organize and promote community recreation activities to <br />promote the health and general welfare of the community; and <br /> <br />WHEREAS, the OWNER and SCHOOL wish to have the facilities utilized for the increase of recreational <br />opportunities for the community use; and <br /> <br />WHEREAS the OWNER, SCHOOL, and CITY wish to enter into a joint powers agreement to clearly establish <br />each parties’ respective rights and responsibilities related to the maintenance and use of the facilities; and <br /> <br />NOW, THEREFORE, the OWNER, SCHOOL, and the CITY mutually agree as follows: <br /> <br />I. Term <br />This Agreement will begin on October 1, 2020 and will continue for a period of three years, and then <br />shall be automatically renewed on an annual basis unless sooner terminated as provided for <br />hereinafter in Section XXI below. <br /> <br />II. Effective Date <br />This Agreement shall be effective upon signature and inspection of Active Use Areas described <br />below by all parties. <br /> <br />III. Active Use Areas <br />The term “Active Use Areas” will be used for purposes of this Agreement to mean the designated <br />rink and warming house as identified on Attachment A to this Agreement. The SCHOOL shall have <br />the right to add or exclude Active Use Areas during the term of this Agreement, provided that any <br />such change shall be in writing and approved by all parties. <br /> <br />IV. Permitted Uses of Active Use Areas <br />A. School Use <br />1 | Page <br /> <br />