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• <br />• <br />CITY OF LINO LAKES <br />RESOLUTION NO. 06 -34 <br />RESOLUTION APPROVING AN AMENDED AND RESTATED <br />DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LINO LAKES AND <br />YMCA OF GREATER SAINT PAUL <br />BE IT RESOLVED By the City Council ( "Council ") of the City of Lino Lakes, Minnesota <br />( "City ") as follows: <br />Section 1. Recitals. <br />1.01. Under Minnesota Statutes, Sections 471.15 to 471.191 (the "Recreation Act "), the <br />City is authorized to acquire, equip and maintain recreational facilities, and also to cooperate <br />with a nonprofit organization in the operation of such a recreational program in any manner in <br />which the parties mutually agree. <br />1.02. In furtherance of a cooperative program under the Recreation Act the City and the <br />YMCA have entered into a certain Development Agreement, dated June 16, 2005 (the <br />"Development Agreement "), which specifies the parties' anticipated responsibilities regarding <br />the development and financing of a recreational facility. <br />1.03. The Development Agreement is proposed to be amended and superseded by the <br />Amended and Restated Development Agreement, to be dated on or after March 1, 2006 (the <br />"Amended and Restated Development Agreement "), between the City and the YMCA, which <br />specifies the parties' anticipated responsibilities regarding the development and financing of a <br />facility that includes a teen center, gym, indoor lap swimming pool, leisure style zero -depth pool, <br />cardiovascular /strength training area, aerobic studio, family program space, women's, men's and <br />family locker rooms, and Kids Stuff childcare (the "Facility "). <br />1.04. The Facility will be constructed by the YMCA on land currently owned by the <br />City (the "Site "). <br />1.04. The Amended and Restated Development Agreement contemplates, among other <br />things, that the City will convey or lease the Site to the YMCA without cost to the YMCA, and <br />further that the City will contribute $2,350,000 in funds toward construction of the Facility, <br />which will include a zero -depth pool, all subject to the terms of definitive agreements to be <br />entered into by the parties. <br />1.05. The Council has reviewed the Amended and Restated Development Agreement. <br />Section 2. City Approval; Further Proceedings. <br />2.01. The Amended and Restated Development Agreement as presented to the Council is <br />• hereby in all respects approved, subject to modifications that do not alter the substance of the <br />