02/26/81 Agenda & Packet - Laserfiche WebLink

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JOINT POWERS AGREEMENT LAKESIDE PARK PAGE 7 410 SUBDIVISION 10 . DISPOSITION OF PROPERTY UPON TERMINATION . (A) AS SOON AS PRACTICABLE AFTER TERMINATION OF THIS AGREEMENT, THE CITY COUNCILS SHALL DISPOSE OF ALL PROPERTY ACQUIRED UNDER THE AGREEMENT, INCLUDING SURPLUS FUNDS, IN ANY MANNER THEY SHALL THEN AGREE UPON, HAVING IN MIND THE REVERSION PROVISIONS OF THE DEED OF CONVEYANCE FROM PARK PLAYGROUND, INC . IF NO AGREEMENT AS TO DISPOSITION IS REACHED WITHIN THREE MONTHS AFTER TERMINATION OF THIS AGREEMENT, EACH CITY COUNCIL SHALL, WITH- IN THIRTY DAYS THEREAFTER, APPOINT SOME PERSON, WHO MAY BE A CITY OFFICIAL, AS ITS REPRESENTATIVE, AND THE TWO TOGETHER SHALL APPOINT A THIRD PERSON, WHO SHALL TOGETHER CONSTITUTE AND ADVISORY BOARD ON DISPOSITION OF THE LAKESIDE PARK ASSETS . THIS BOARD SHALL AS SOON AS POSSIBLE PREPARE AND RECOMMEND TO THE CITY COUNCILS A COMPLETE PLAN FOR THE DISPOSITION OF ALL PROPERTY ACQUIRED UNDER THIS AGREEMENT, AND SUCH PLAN SHALL PROVIDE FOR THE CONTINUATION OF THE USE OF THE PROPERTY AS A PUBLIC PARK, IF PRACTICABLE . UPON TERMINATION OF THIS AGREEMENT, EACH PARTY SHALL PROVIDE FOR THE PAYMENT OF OUTSTANDING INDEBTEDNESS INCURRED AS A RESULT OF THIS AGREEMENT, AND IN THE ABSENCE OF ANOTHER ARRANGEMENT MUTUALLY AGREED UPON, EACH PARTY SHALL ASSUME THE PAYMENT OF DEBTS AND LIABILITIES INCURRED BY THE COMMISSION IN THE SAME PROPORTION AS IT IS REQUIRED TO CONTRIBUTE UNDER PARAGRAPH 6 . • (B) IT SHALL BE FURTHER PROVIDED AND AGREED THAT IF EITHER CITY SHOULD FOR ANY REASON FAIL TO PROVIDE FUNDS FOR ITS CONTRIBUTION TO THE LAKESIDE FUND AS PROVIDED FOR HEREIN THAT THE OTHER CITY SHALL HAVE THE RIGHT TO REGARD THIS AGREEMENT AS BREACHED . IN THAT EVENT, SAID CITY, MAY AT ITS OPTION, CHOOSE TO MAINTAIN AND OPERATE SAID PARK ALONE . IF IT SO DECIDED, IT SHALL THEN SERVE NOTICE IN WRITING UPON THE CITY CLERK OF THE DEFAULTING CITY OF ITS INTENTION . IF THE DEFAULTING CITY DOES NOT WITHIN NINETY (90) DAYS AFTER RECEIPT OF SAID NOTICE MAKE PAYMENT OF ALL MONEYS, IT IS OBLIGED TO PAY TO THE LAKESIDE FUND AS PROVIDED BY THIS AGREMENT, ITS RIGHT, TITLE, AND INTEREST IN ALL RESPECTS AS TO THE PROPERTIES AND ASSETS OF THE LAKESIDE FUND SHALL BE TERMINATED . THE DEFAULTING CITY SHALL THEN BE OBLIGED TO ORDER THE EXECUTION OF A DEED OF CONVEYANCE OF ITS INTEREST TO THE REMAINING CITY . (C) IF NEITHER CITY PROVIDES FUNDS TO MAINTAIN AND OPERATE SAID LAKESIDE PARK THE REAL ESTATE WILL REVERT AS PER TERMS OF THE CONVEYANCE AND THE LAKESIDE PARK WOULD BE TERMINATED AS PROVIDED IN THIS AGREEMENT . SUBDIVISION 11 . JURISDICTION . IT IS HEREBY FURTHER PROVIDED THAT THE POLICE DEPARTMENT OF EITHER CITY SHALL BE AND IS HEREBY AUTHORIZED TO ENFORCE THE RULES AND REGULATIONS AS MADE AND PROVIDED BY THE CITIES, AND MAY ENFORCE THE ORDINANCES OF EITHER CITY AS TO THE MATTERS OR VIOLATIONS OCCURRING WITHIN THE SITE OF LAKESIDE PARK . • SUBDIVISION 12 . ENFORCEMENT . SPECIFIC PERFORMANCE OF THE PROVISIONS OF THIS AGREEMENT MAY BE ENFORCED AGAINST EITHER PARTY BY THE OTHER PARTY .