Agenda Packets - 2009/11/02 - Laserfiche WebLink

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DRAFT 10-14-09 312576v1 SJR- 163485 MU205210-435 12 time which is less then 50% of the useful life of the Community Center. G. Termination of the Use Agreement. This Agreement allows for termination by the City, pursuant to Article VII, in the event of default hereunder by the YMCA. The termination of this Agreement is also allowed by the City, pursuant to Article VIII.U., in the event that the Governmental Program, the City’s parks and recreation program, is terminated or changed. H. Cost of Operation of the Facility (“Community Center”). The City possesses specific statutory authority pursuant to Minnesota Statutes Section 471.15, the City’s Municipal Charter Section 6.02, Subdivision 1, and the City’s Municipal Code Section 106.05 and Chapter 405, to expend monies to operate and maintain the Community Center. I. Receipt of Monies/Compliance with Tax Code. It is contemplated and understood by the parties to this Agreement, that the City’s operation of the Community Center is in compliance with the tax code. J. Sale of the Facility (Community Center). 1. This Agreement is free of any provisions, which would require the City to sell the Community 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 (Center) without the City first determining, by official action, that the Community 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 Community Center without first obtaining the written consent of the Commissioner of Finance, pursuant to Minn. Statutes Section 16A. 695, Subdivision 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 Community 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. Statutes Section 16A.693, Subdivision 3 and the Commissioner’s Order). 5. Other than contained in this Article, this Agreement contains no provisions concerning the sale of the Community Center or, other than contained in Article VIII.U., the termination of the Governmental Program.