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<br />I. The YMCA shall be solely responsible for all programming at the YMCA, and all <br />interior and exterior maintenance and operation of the Building, including all <br />related staffing. <br /> <br />J. The YMCA will have a volunteer board made of community members and leaders. <br /> <br />K. This Memorandum is dependent on the City, the EDA and the YMCA determining <br />that it is feasible to financially meet the programming needs of both entities and <br />provide cash flow adequate to operate, staff, maintain and make capital <br />improvements to the Building, and to provide the services and programs intended. <br /> <br />L. <br /> <br /> <br />submitted for all requests. <br /> <br />For programs that are not otherwise offered in the (:ity of Elk River, the l1vlCA will <br />be considered a Priority ()neUser and will be granted access to facilities based on <br />availa biJi tv. <br /> <br />For programs that are already offenxl in the City of Elk River. the '{]'vICA will be <br />considered a Priority Two User andwl.U be granted access to facilities based on <br />availabilirv. <br /> <br /> <br />M. The Citv shall have access to the gymnasium for the purpose of recreational <br />programminQ: vvhen the YMCA has no programmed activities in the gymnasium. <br />The Q:vmnasium shall be designed and constructed in a manner that permits staffing <br />and user access independent from YMCA operations. <br /> <br />NOW, THEREFORE, in consideration of the foregoing recitals, the parties hereto agree as <br />follows: <br /> <br />I. The EDA and the YMCA will enter into a Lease pursuant to which the YMCA will design <br />and the EDA will construct an approximately 51,000 square foot Building which will be <br />leased to the YMCA for the operation of a YMCA in accordance with the following terms <br />and conditions: <br /> <br />A. Design and Construction. The YMCA and the EDA will cause the design and <br />construction of the Building to incorporate reasonable architectural appeal, quality <br />building materials, and durable finishes that comply with City standards. The cost <br />of designing. constructing. and equipping the building will be funded through the <br />financing. <br /> <br />2 <br />