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A. Entity Status. The City is defined as a public entity organized as a charter city pursuant <br />to Minn. Statutes Chapter 410, and is thus, a Minnesota municipal corporation. <br />B. Center Ownership. The Center is owned solely and completely by the City of Mounds <br />View. <br />C. Agreement Authority. The City has entered into this Agreement with the YMCA <br />pursuant to Minn. Statutes Section 471.15 and the City of Mounds View Municipal <br />Charter and Municipal Code. <br />D. Governmental Program. This Agreement is: (i) being executed and entered into to <br />carry out a Governmental Program; (ii) such Governmental Program is the City of <br />Mounds View Parks and Recreation Program, including the operation of the Community <br />Center and its accompanying facilities, as well as the parks within the City and general <br />recreational programming within the City; and (iii) such Governmental Program <br />constitutes the Mounds View Parks and Recreation Program and is authorized pursuant to <br />Municipal Charter Section 6.02, Subdivision 1, Municipal Code Section 106.05 and <br />Chapter 405, and Minn. Statutes Section 471.15. <br />E. Governmental Program Oversight. Oversight of the Governmental Program by the <br />City is provided by the requirement, hereby agreed to by the parties that the YMCA <br />provide the City the right to inspect and audit YMCA's books and records for its portion <br />of the governmental program, with each such review to show the program budgets, <br />revenues and expenses <br />F. Term of the Use Agreement. As the Center consists of land and buildings, the term of <br />this Agreement as provided herein relating to the building and improvements, and <br />including all renewals which are solely at the option the YMCA, is for a period of time <br />which is less then 50% of the useful life of the Center. <br />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 ("Center"). The City possesses specific statutory <br />authority pursuant to Minn. Statutes Section 471.15, the City's Municipal Charter Section <br />6.02 Subdivision 1, and the City's Municipal Code Section 106.05 and Chapter 405, to <br />expend monies to operate and maintain the 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 Center is in compliance <br />with the tax code. <br />J. Sale of the Facility. <br />1. This Agreement is free of any provisions which would require the City to sell the <br />