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1 <br />LA515\1\936732.v3 <br />FACILITY USE AGREEMENT <br /> <br />THIS AGREEMENT is made and entered into as of this 23rd______ day of May________, <br />2024, by and between the CITY OF LAKE ELMO, a municipal corporation and political <br />subdivision of the State of Minnesota, (the “City”) and FOCUS ENGINEERING, INC., a <br />corporation in the State of Minnesota (“Focus”). <br /> <br />Recitals <br /> <br />A. The City is the owner of property located at 3800 Laverne Avenue North that contains <br />offices and a city council chambers (the “City Property”); and <br /> <br />B. The City Property “Office Space” consists of three offices, a small kitchenette, and a <br />large open office/conference area (“Office Space”). The City Property “Common Space” <br />consists of the city council chambers, front entrance area, and two restrooms (“Common <br />Space”). <br /> <br />C. Focus provides engineering services to the City; and <br /> <br />D. Focus has requested that it be able to use the Office Space and the restrooms in the <br />Common Space, hereinafter referred to “Use Area”, so that it may meet with City staff and <br />officials in a location near City Hall which is located on the adjacent property (3880 <br />Laverne Avenue N.); and <br /> <br />E. The City has agreed to allow Focus to use the Use Area for these purposes on a short-term <br />basis, provided that Focus reimburse the City for the building’s electric costs; and <br /> <br />F. The City and Focus desire to enter into this Agreement setting for the terms by which Focus <br />will use the Use Area. <br /> <br />NOW THEREFORE, in consideration of the Use Area and in further consideration of the mutual <br />agreements contained in this Agreement, the City and Focus agree as follows: <br /> <br />1. Term and Termination. This Agreement is valid on May 23________, 2024. This <br />Agreement shall terminate 60 days after December 31, 2028[insert date of Focus services <br />agreement]. Focus may terminate this Agreement at any time and for any reason by <br />providing 30 days’ written notice to the City. The City may terminate this Agreement for <br />any reason by providing 30 days’ written notice to Focus. <br /> <br />2. Payment. Focus shall pay $1.00 monthly to the City for Focus’s use of the Use Area as <br />described in this Agreement. The parties agree that Focus’s use of the Use Area is not a <br />“business subsidy” within the meaning of Minnesota Statutes Section 116J.993, subdivision <br />3 because Focus is responsible for reimbursing the City for its electricity costs associated <br />with the City Property which would otherwise be paid by the City. <br /> <br />3. Use. Focus is granted exclusive use of the Use Area during the term of this Agreement, with <br />the exception of the restrooms, which use shall be non-exclusive. Focus agrees that its use