Agenda Packets - 1999/04/05 - Laserfiche WebLink

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E. Governmental Program Oversight. Oversight of the Governmental Program by the City is provided by the requirement, hereby agreed to by the parties that the YMCA provide an initial program evaluation report and annual proposed budgets for the governmental program to be operated at the Center, each such budget to show program revenues and expenses. Such annual budget then must be adopted by the City Council of the City of Mounds View pursuant to the normal budgetary process required for cities in the State of Minnesota. F. Term of the Use Agreement. As the Center consists of land and buildings, the term of this Agreement as provided herein relating to the building and improvements, and including all renewals which are solely at the option the YMCA, is for a period of time which is less then 50% of the useful life of the Center. G. Termination of the Use Agreement. The termination of this Agreement allows for termination by the City in the event of default hereunder by the YMCA. The termination of this Agreement is also allowed by the City in the event that the Governmental Program, the City's parks and recreation program, is terminated or changed. Such termination provisions are contained in Article_ H. Cost of Operation of the Facility ("Center"). The City possesses specific statutory authority pursuant to Minn. Stat. § , the City's Municipal Charter Section and the City's Municipal Code Section , to expend monies to operate and maintain the Center. Receipt of Monies/Compliance With Tax Code. As set forth herein in Section of this Agreement, J. Sale of the Facility. 1. This Agreement is free of any provisions which would require the City to sell the Center for an amount less than the fair market value if it is to be sold to a non- public entity. 2. This Agreement is free of any provisions which would allow the City to sell the facility without the City first determining, by official action, that the Center is no longer usable or needed to carry out the Governmental Program. 3. This Agreement is free of any provisions which would require the City to sell the Center without first obtaining the written consent of the Commissioner of Finance, pursuant to Minn. Stat. § 16A. 695, subd. 3, and the Commissioner's Order. 4. This Agreement is free of any provisions which would cause the matter of distribution of the proceeds of the sale of the Center, which is not provided for nor contemplated in this Agreement, to violate the provisions contained in the G.O. Compliance Bill and the Commissioner's Order (Minn. Stat. § 16A.693, subd. 3 and the Commissioner's Order). SJR-159255 MU210-35