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7.3. SR 04/20/2009
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7.3. SR 04/20/2009
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4/17/2009 3:08:13 PM
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EQUIPMENT SHARED USE AGREEMENT <br />THIS AGREEMENT is made this day of April, 2009, by and between the City of <br />Elk River, a Minnesota municipal corporation (the "City") and Sherburne County, Minnesota <br />(the "County") (collectively referred to as the Parties"). "Lending Party" refers to the equipment <br />owner and "Borrowing Party" refers to the party using the equipment. <br />WHEREAS, the Parties believe it is in the best interest of the tax paying public that they share <br />equipment; and <br />WHEREAS, the Parties own and maintain the Equipment identified in Exhibit A <br />("Equipment") that may benefit both Parties in their operations; and <br />WHEREAS, the Parties are interested in sharing the use of Equipment; and <br />WHEREAS, it is in the best interest of the Parties to approve this Agreement. <br />NOW, THEREFORE, in consideration of the promises contained herein, the Parties hereby <br />agree to the following: <br />SECTION I. TERMS OF AGREEMENT <br />1. Each Party agrees to loan its Equipment, as identified on Exhibit A, to the other party <br />upon request of that party. <br />2. The Parties will retain ownership and properly maintain the Equipment they own. <br />3. Priority for the use of Equipment will be given to the party that owns it, and that party <br />may decline to loan any piece of equipment if it determines that it needs to use the <br />Equipment. <br />4. The Parties agree to use each other's Equipment in the proper manner. The Parties agree <br />to return Equipment in good and operating condition. The Borrowing Party has the <br />responsibility to cease operation of Equipment immediately if the Equipment does not <br />function properly and shall immediately inform the Lending Party of the situation. <br />5. No fee shall be paid by the Parties for the use of each other's Equipment. Any <br />Equipment using fuel or other fluids must be returned with the same level of fuel or other <br />fluids that the Equipment had when loaned to the Borrowing Party. <br />6. If the Equipment is used for a single day, the Equipment will be returned to the Lending <br />Party by the end of the same workday. If the Equipment is used on consecutive days, it <br />does not have to be returned until the use has ended, unless the Lending Party requests <br />that the Equipment be returned at a prior time for its own use. If the Equipment is kept <br />
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