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02/27/2006 Council Packet
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02/27/2006 Council Packet
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City Council
Council Document Type
Council Packet
Meeting Date
02/27/2006
Council Meeting Type
Regular
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NOW THEREFORE, for good and valuable consideration the parties hereto <br />• hereby agree as follows: <br />• <br />• <br />SECTION 1 <br />TERM <br />This Agreement shall be effective as of the date set forth above, and shall terminate <br />on the earlier of January 1, 2026, or the final maturity date of the Bonds. In the event the <br />Bonds are redeemed prior to the final maturity date, this Agreement shall still remain in <br />effect until January 1, 2026. <br />SECTION 2 <br />GUARANTEE OBLIGATION <br />2.1 Centennial Cities. The Centennial Cities (the cities of Lino Lakes, <br />Centerville and Circle Pines) agree to guarantee for each year during the term of this <br />Agreement, rental income to the Facility at the Hourly Rate for the one thousand three <br />hundred forty (1340) Priority Hours. This guarantee obligation shall be allocated to each <br />member city as follows: Lino Lakes (72 %), Centerville (16 %), and Circle Pines (12 %). <br />It is acknowledged that CYHA has entered into an Ice Sheet Rental Agreement with <br />NSCF to guarantee 860 of these 1340 hours. <br />SECTION 3 <br />NOTIFICATION <br />3.1 Notification. On or before June 1 of each year, NSCF shall provide to the <br />City of Lino Lakes a written notification ( "Notice ") if any portion of the 1360 ice sheet <br />hours have not been committed to in the manner provided for by the joint board. <br />3.2 Right to call for Joint Board Meeting. The City of Lino Lakes shall have <br />thirty (30) days from the date of the Deficiency Notice to request in writing that the <br />NSCF call a meeting of the Joint Board for the sole purpose of exploring any available <br />opportunities for the sale of all or any portion of the Uncommitted Hours. Upon receipt <br />of such written request for a meeting of the Joint Board, NSCF shall schedule a meeting <br />as soon as practical and notify the City of Lino Lakes of the date of such meeting. <br />3.3 Payment of Deficiency. As soon as practical after March 31 of each year, <br />NSCF shall provide to the City of Lino Lakes written notification of the number of <br />Uncommitted Hours that remained unsold as of March 31 and the dollar amount due <br />( "Deficiency Assessment ") NSCF based on the Regular Hourly Rate. Payment by the <br />City of Lino Lakes of the Deficiency Assessments shall be made within thirty (30) days of <br />its receipt. <br />Draft 02/22/2006 <br />SECTION 4 <br />ESTABLISHMENT OF JOINT BOARD <br />
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