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WHEREAS, the preliminary schedule contemplated by the parties for the extension of <br />utilities, the purchase of the Property, the construction of the Facility and other activities <br />contemplated by this Agreement (the "Project ") are set forth on the attached Exhibit B; and <br />WHEREAS, subject to the terms set forth in this Joint Powers Agreement, the District <br />and the City have a mutual understanding defining the public benefit of the construction, <br />operation and use of said Facility on the Property (Exhibit C); and <br />WHEREAS, Minnesota Statutes Section 471.59 authorizes two (2) or more <br />governmental units by agreement of their governing bodies jointly and cooperatively to exercise <br />any power common to the contacting parties or any similar powers, including those which are the <br />same except for the territorial limits within which they are exercised; and, <br />WHEREAS, cities are authorized to enter into development contracts as contemplated in <br />Minnesota Statutes Section 462.358, Subd. 2(a); and, <br />WHEREAS, the parties hereto desire to set forth the respective rights and obligations of <br />the parties to this agreement. <br />the Facility by March 4, 2011. <br />B. After execution of this Agreement by both parties, and no later than March 15, <br />2011, the City will assign its option to purchase the Property at a price of $74,500 per acre, with <br />a closing no later than May 31, 2011, subject to those contingencies as set forth in the option <br />agreement. <br />2 <br />