Agenda Packets - 1999/06/28 - Laserfiche WebLink

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If the City fails to perform any of the terms, conditions or requirements of this Agreement, the YMCA will give the City thirty (30) days written notice of such failure. After receipt of the written notice, the City will have thirty (30) days to correct the problem, except that the YMCA may in any case take immediate steps it determines are necessary to correct the problem in order to protect the health, safety and welfare of the YMCA and the public prior to the end of the thirty (30) day period without affecting the YMCA's right to terminate the Agreement; and provided further that the City shall pay to the YMCA an amount equal to all YMCA costs and expenses incurred in taking such action, with such payment to be made within 30 days of the YMCA's written request to the City for such reimbursement. If the City fails to correct the problem within that thirty (30) day period, the YMCA may terminate the Agreement by giving the City sixty (60) days written notice of such termination. B. Termination by Mutual Consent After December 31, 2000, if both the YMCA and the City agree that this Agreement is not fulfilling the desired results for both parties, this agreement can be terminated at a mutually agreed upon date at least one hundred and eighty days into the future. Such a date shall be selected to cause the least disruption to the operation of the Center and to recreation programming. The general reasons for terminating the agreement as well as the date of termination of this Agreement must be documented and signed by both parties. C. Termination by Either Party After August 31, 2000, either the YMCA or the City can terminate this agreement by giving at least one hundred and eighty days written notice of its intent to terminate the Agreement. If the YMCA initiates the termination, the date of termination shall be selected to cause the least disruption to the operation of the Center and to recreation programming, but it must be at least one hundred and eighty days but not more than two hundred and seventy five days from the date of written notification. ARTICLE VIII: MISCELLANEOUS PROVISIONS A. Addresses and Notices. Any notice permitted or required to be given under this Agreement must be in writing and shall be deemed to have been given if sent by certified mail, postage prepaid, addressed as follows: To the City: City Clerk -Administrator City of Mounds View 2401 Highway 10 Mounds View, MN 55112 To YMCA: YMCA of Greater Saint Paul 476 Robert Street North St. Paul, MN 55101 Such notice or other communication may be mailed by United States registered or certified mail, return receipt requested, postage prepaid, and may be deposited in a United States Post Office or a depository for the receipt of mail regularly maintained by the post office.