5.1. SR 12-11-2006 - Laserfiche WebLink

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J. The YMCA will have a volunteer board made of community members and leaders. K. This Memorandum is dependent on the City, the EDA and the YMCA determining that it is feasible to financially meet the programming needs of both entities and provide cash flow adequate to operate, staff, maintain and make capital improvements to the Building, and to provide the services and programs intended. NOW, THEREFORE, in consideration of the foregoing recitals, the parties hereto agree as follows: I. The EDA and the YMCA will enter into a Lease pursuant to which the YMCA will design and the EDA will construct the Building which will be leased to the YMCA for the operation of a YMCA in accordance with the following terms and conditions: A. Design and Construction. The YMCA and the EDA will cause the design and construction of the Building to incorporate reasonable architectural appeal, quality building materials, and durable finishes that comply with City standards. The cost of designing, constructing, and equipping the building will be funded through the financing. The City and the EDA's financial commitment shall not exceed $12 million without prior approval of the City and the EDA. The YMCA and EDA intend to design and construct the Building to meet current Building Codes and environmental standards. The Building is programmed to include one small gymnasium for the use of YMCA members and City of Elk River recreational programs when the YMCA has no scheduled activities. If feasible, the gymnasium shall be designed and constructed in a manner that permits City staffing and City users controlled access to the gymnasium. The YMCA and EDA will include alternates in the design documents that will give the YMCA and EDA the option to elect to use building materials that qualify the Building for a Sherburne County Landfill Abatement Grant (the "Grant") provided the total cost of the Building does not exceed $12 million. The YMCA and EDA will also include an alternate to build a full size gymnasium provided the total cost of the building does not exceed $12 million or if the Building qualifies for the Grant and is awarded the Grant, the YMCA and EDA may elect to use the Grant proceeds to build a full size gymnasium provided the cost of the building does not exceed $12 million plus the Grant proceeds. The gymnasium will be made available for City of Elk River recreational programs not less than the following: Monday through Friday: 8 hours/week between the hours of9:00 a.m. and 3:00 p.m. and 8 hours/week between the hours of3 p.m. and 9 p.m. The City will not be required to use more than 2 of the 8 hours per week on Fridays. Saturday and Sunday: 3 hours/week between the hours of 6 a.m. and 12:00 p.m. and 4 hours/week between the hours of 12:00 p.m. and 8:00 p.m. 2