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<br /> <br />A JOINT POWERS AGREEMENT <br />FOR THE MUTUAL USE AND MAINTENANCE <br />OF THE HANDKE CENTER STADIUM <br /> <br />th <br />THIS AGREEMENT made and entered into this 5 day of April, 2021, by and between the CITY OF <br />ELK RIVER, a municipal corporation and political subdivision of the State of Minnesota, hereinafter referred <br />to as “CITY” and INDEPENDENT SCHOOL DISTRICT 728, herein referred to as “DISTRICT”; and <br /> <br />WITNESSETH: <br /> <br />WHEREAS, the DISTRICT owns PARK property adjacent to the Handke Center; and <br /> <br />WHEREAS reference to PARK in this agreement shall be to the following defined amenities: field <br />space, ice rinks, sledding hill, park access and warming house; and <br /> <br />WHEREAS, the CITY and the DISTRICT intend to cooperate in the creation, maintenance, repair and <br />improvement of the PARK amenities; and <br /> <br />WHEREAS, it is in the best interest of the CITY and the DISTRICT to provide for the joint use of <br />public facilities as much as possible to reduce the tax burden of the CITY and the DISTRICT and for the benefit <br />of the citizens of the CITY and DISTRICT; and <br /> <br />WHEREAS, the CITY and the DISTRICT wish to enter into a joint powers agreement to clearly <br />establish each parties’ respective rights and responsibilities related to the maintenance and use of the PARK; <br />and <br />WHEREAS, Minnesota Statutes, Section 471.59 and 471.656 provides that two or more governmental <br />units, by agreement entered through action of their governing bodies, may jointly or cooperatively exercise any <br />power common to the contracting parties or any similar powers, and that the agreement may provide for the <br />exercise of such powers by one or more of the participating governmental units on behalf of the other <br />participating units. <br /> <br />NOW THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: <br /> <br />1. The DISTRICT shall have priority use of the PARK during school hours. The DISTRICT will retain <br />priority use of the PARK for school activities that may occur outside normal school hours. The <br />DISTRICT will not charge the CITY any fees for use of the PARK. <br /> <br />2. While the CITY is using the PARK pursuant to the terms of this agreement, the CITY agrees to comply <br />with the DISTRICT procedures for use, operation and supervision of the PARK as established by the <br />DISTRICT policies; and the DISTRICT facilities use procedures will be in force during CITY use of the <br />PARK. <br /> <br /> <br />