Laserfiche WebLink
G. Termination of the Use Agreement. This Agreement allows for termination by the <br /> City, pursuant to Article VII, in the event of default hereunder by the YMCA. The <br /> termination of this Agreement is also allowed by the City, pursuant to Article VIII.U., in <br /> the event that the Governmental Program, the City's parks and recreation program, is <br /> terminated or changed. <br /> H. Cost of Operation of the Facility ("Community Center"). The City possesses specific <br /> statutory authority pursuant to Minnesota Statutes Section 471.15, the City's Municipal <br /> Charter Section 6.02, Subdivision 1, and the City's Municipal Code Section 106.05 and <br /> Chapter 405, to expend monies to operate and maintain the Community Center. <br /> I. Receipt of Monies/Compliance with Tax Code. It is contemplated and understood by <br /> the parties to this Agreement, that the City's operation of the Community Center is in <br /> compliance with the tax code. <br /> J. Sale of the Facility (Community Center). <br /> 1. This Agreement is free of any provisions, which would require the City to sell the <br /> Community Center for an amount less than the fair market value if it is to be sold <br /> to a non-public entity. <br /> 2. This Agreement is free of any provisions which would allow the City to sell the <br /> facility without the City first determining, by official action, that the Community <br /> Center is no longer usable or needed to carry out the Governmental Program. <br /> 3. This Agreement is free of any provisions which would require the City to sell the <br /> Community Center without first obtaining the written consent of the <br /> Commissioner of Finance, pursuant to Minn. Statutes Section 16A.695, <br /> Subdivision 3, and the Commissioner's Order. <br /> 4. This Agreement is free of any provisions which would cause the matter of <br /> distribution of the proceeds of the sale of the Community Center, which is not <br /> provided for nor contemplated in this Agreement, to violate the provisions <br /> contained in the G.O. Compliance Bill and the Commissioner's Order (Minn. <br /> Statutes Section 16A.693, Subdivision 3 and the Commissioner's Order). <br /> 5. Other than contained in this Article, this Agreement contains no provisions <br /> concerning the sale of the Community Center or, other than contained in Article <br /> VIII.U.,the termination of the Governmental Program. <br /> 12 <br />