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JOINT POWERS AGREEMENT <br />GOVERNING THE OWNERSHIP, OPERATION, AND MAINTENANCE <br />OF THE ELK RIVER INDOOR ICE ARENA COMPLEX <br /> <br /> THIS AGREEMENT, entered into this 1 ST day of APRIL , 1996, by and <br />between the CITY OF ELK RIVER, a Minnesota municipal corporation (the City) <br />and ELK RIVER INDEPENDENT SCHOOL DISTRICT NO. 728, a Minnesota <br />public corporation (the School District). <br /> <br /> WHEREAS, the City, with the cooperation of the Elk River Youth Hockey <br />Association and the School District, is proceeding with a project to expand and <br />improve the existing Elk River Indoor Ice Azena (the Project); and <br /> <br /> WHEREAS, the Project includes the construction of a second indoor ice <br />arena to be constructed adjacent to and integrated with the existing Elk River <br />Indoor Ice Arena; and <br /> <br /> WHEREAS, the intent of the Project is that the expanded and improved <br />Indoor Ice Arena Complex (the Facility) will be used predominately for youth <br />athletic activities, including activities sponsored by the School District; and <br /> <br /> WHEREAS, the City and the School District have entered into a Real Estate <br />Agreement (the Real Estate Agreement) pursuant to which the School District is <br />selling property to the City for the Project; and <br /> <br /> WHEREAS, the School District has agreed in the Real Estate Agreement to <br />cooperate in the Project by entering into a Joint Powers Agreement governing the <br />ownership, operation, and maintenance of the Facility, are required by Minnesota <br />Statutes, Section 297A~25, Subd. 61. <br /> <br /> NOW, THEREFORE, in consideration of the mutual covenants and <br />agreements hereinafter contained, it is hereby mutually agreed by the City and <br />School District as follows: <br /> <br /> 1. Ownership. Following purchase by the City of the Property defined in <br />the Real Estate Agreement, the School District shall have no ownership of the <br />Facility or the property on which it is located. The City shall have the right to <br />transfer ownership of the Facility and property on which it is located to a public or <br />nonprofit entity, subject to approval of the School District as provided in the Real <br />Estate Agreement. <br /> <br /> 2. Operation and Maintenance. The School District shall have no <br />responsibility for the operation or maintenance of the Facility. The operation and <br />maintenance of the Facility shall be the responsibility of the City, or such other <br />entity to which the City delegates one or more of these responsibilities. The City <br />and/or its delegates, shall operate and maintain the Facility consistent with the <br />Real Estate Agreement, applicable law governing the use of property used by public <br /> <br /> <br />