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DRAFT <br />07-22-08 <br /> <br /> <br />312576v1 SJR- <br />163485 MU205210-435 <br />12 <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 /> <br />H. Cost of Operation of the Facility (“Center”). The City possesses specific statutory <br />authority pursuant to Minnesota Statutes Section 471.15, the City’s Municipal Charter <br />Section 6.02, Subdivision 1, and the City’s Municipal Code Section 106.05 and Chapter <br />405, to expend monies to operate and maintain the Center. <br /> <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 /> <br />J. Sale of the Facility (Center). <br /> <br />1. This Agreement is free of any provisions, which would require the City to sell the <br />Center for an amount less than the fair market value if it is to be sold to a non- <br />public entity. <br /> <br />2. This Agreement is free of any provisions which would allow the City to sell the <br />facility (Center) without the City first determining, by official action, that the <br />Center is no longer usable or needed to carry out the Governmental Program. <br /> <br />3. This Agreement is free of any provisions which would require the City to sell the <br />Center without first obtaining the written consent of the Commissioner of <br />Finance, pursuant to Minn. Statutes Section 16A. 695, Subdivision 3, and the <br />Commissioner’s Order. <br /> <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 Center, which is not provided for nor <br />contemplated in this Agreement, to violate the provisions contained in the G.O. <br />Compliance Bill and the Commissioner’s Order (Minn. Statutes Section 16A.693, <br />Subdivision 3 and the Commissioner’s Order). <br /> <br />5. Other than contained in this Article, this Agreement contains no provisions <br />concerning the sale of the Center or, other than contained in Article VIII.U., the <br />termination of the Governmental Program. <br /> <br />[The remainder of this page intentionally blank].