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RESOLUTION NO 2011-007A <br />WHEREAS, Independent School District No. 834 has identified the need to <br />construct an early childhood education facility ('the "Facility') within its boundaries to <br />serve the population within the District; and <br />WHEREAS, the District has identified certain real property located in the City of <br />Lake Elmo as potential site for the Facility; and, <br />WHEREAS, the City is willing to extend its municipal sanitary sewer and water <br />systems to serve the Property, both as part of its long -term community planning and as <br />an incentive to the District to construct an early childhood education facility (the <br />"Facility') on the Property; and <br />WHEREAS, the City has negotiated an option agreement with respect to the <br />Property and, subject to the terms set forth below, is willing to assign its option to <br />purchase the Propery) to the District, at a price of $74,500 per acre; and <br />WHEREAS, the parties desire to enter into a Joint Powers Agreement to provide <br />for the extension of municipal sanitary sewer and water system to the Property and <br />obtaining pre purchase development approvals and costs for the Property; 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 <br />exercise any power common to the contacting parties or any similar powers, including <br />those which are the same except for the territorial limits within which they are exercised. <br />RE IT, THEREFORE, RESOLVED, that the City Council of the City of Lake <br />Elmo does hereby approve a Joint Powers Agreement with Independent School District <br />834, substantially in the form attached herein, for the location of an Early Childhood and <br />Family Center in the City ofLake Elmo. <br />RE IT FURTHER RESOLVED that the Joint Powers Agreement is subject to <br />such non- substantive changes and /or other adjustments, to be made by the City <br />Administrator and City Attorney, as necessa�)) to effect the intent of the City Council <br />under this agreement. <br />