5.3. SR 04-01-1996 - Laserfiche WebLink

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JOINT POWERS AGREEMENT GOVERNING TI-IE OWNERSHIP, OPERATION AND MAINTENANCE OF THE ELK RIVER INDOOR ICE ARENA COMPLEX THIS AGRF_~MENT, entered i~o this day of ,1996 by and between the CITY OF ELK PJ'V'ER, a M/anesota municipal corporation (the City) and ELK RIVER INDEPENDENT SCHOOL DISTRICT NO. 728, a Minnesota public corporation (the Schoo~ District). WHEREAS, the City, with the cooperation of the Elk River Youth I-lockey Association and the School District, is proceeding with a project to expand and improve the existing Elk River Indoor Ice Arena (the Project); and WHEREAS, the Project includes the construction of a second indoor ice arena to be constructed adjacent to and integrated with the existing Elk River Indoor Ice Arena; and WHEREAS, the intent of the Project is that the expanded and improved Indoor Ice Arena Complex (the Facility) will be used predominately for youth athl~ic activities, including activities sponsored by the School District; and Wt-IEREAS, the City and the School Dhtrict have entered into a Real Estate Agreement (the Real Estate Agreement) pursuant to which the School District is selling property to the City for the Project; and WHEREAS. the School District has agreed in the Real Estate Agreement to cooperate in the Project by entering into a Joim Powers Agreement governing the ownership, operation and maintemmce of the Facility, as requirexl by Minnesota Statutes, Section 297A.25, Subd. NOW, THEKEFORE, in consideration of th~ mutual covenants and agreements hereinafter contained, it is hereby mutually agreed by the City and School District as follows: 1. Ownershit2. Following purchase by ~ City of the Property defined in the Real Estate Agreement, the School District shall have no ownership of the Facility or the property on which it is located. The City shall have the right to transfer ownership of the Facility and property on which it is located to a public or nonprofit entity, subject to approval of the School District its provided in the Real Estate Agreement. 2. Ooeration and Maintenance. TI:~ $chogl District/shall halve no re~onsibi~ty fi,r the opera~,n and maintena{tce of the Facility. Thiff operaO6n and rc(fintenan~ o? the faci. lity/~hall be the responsibility of City/ or such other entitq_Cto wh'Ich the ~ity dele~gates cfm or re(ore of these respt6nsibilities. .~ 3. Ice Rental Contr~.ct. TI~e City, or such other entity as shall be resp~msible for operation and maintenance of the Facility, simll enter into a Long-term agreement for rental by School District of ice time in the Facility, at an hourly rate not to exceed the "forecasted hourly rates" set forth in Exhibit A attached hereto, increased by increases not greater than the greater of five percent or the cost of living adjustments as determined appropriate by the Consumer Price Index, Minneapolis/St. Paul. The ice time agreement shall also provide priority scheduling for School District.