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FESTIVAL IN THE PARK AGREEMENT <br />THIS AGREEMENT is entered into this 24 day of July, 2023, by and <br />between the City of Mounds View, a municipal corporation under the laws of <br />Minnesota (the "City") and Festival in the Park of Mounds View, a Minnesota <br />non-profit corporation (the "Corporation"). <br />WHEREAS, the City is owner of City Hall, City Hall Park, Silver View Park <br />and the Community Center (collectively the "Park") located within the City; and <br />WHEREAS, the Corporation desires to sponsor and coordinate an annual <br />community event entitled, "Festival in the Park of Mounds View" (the "Festival"), <br />to be held on August 18 and 19, 2023; and <br />WHEREAS, pursuant to Minnesota Statutes, and other laws, the City has <br />the authority to operate a program of public recreation and enter into agreements <br />with the Corporation pertaining to the conduct thereof; and <br />WHEREAS, the City desires that the Corporation sponsor and coordinate <br />the Festival; and <br />WHEREAS, the City is willing to support the Festival, as set forth in this <br />Agreement; and <br />WHEREAS, the Corporation is willing to undertake the Festival <br />sponsorship and support of the City in accordance with the terms and conditions <br />of this Agreement. <br />NOW THEREFORE, the parties agree as follows: <br />1. Scope of Festival. The Corporation will sponsor and coordinate all <br />aspects of the Festival. <br />2. Time and Performance. This Agreement will begin as of August <br />18, 2023, and will terminate as of August 19, 2023 (the "Termination Date"). <br />3. City Contribution. The City will provide the assistance of City staff <br />to assist the Corporation as set forth on Exhibit A, which is incorporated herein <br />by reference. The City will provide the assistance of City equipment to assist the <br />Corporation as set forth on Exhibit B, which is incorporated herein by reference. <br />The City will allow use of the Park upon the Corporation requesting and obtaining <br />the appropriate permits from the City for the Park. The City agrees to waive the <br />permit fee for the Park. <br />In support of the community -based Festival, the City will provide assistance <br />in additional expenditures, not to exceed $5,000, to assist the Committee in <br />payment of the Fireworks Show. <br />If the Agreement should be terminated for any reason prior to the <br />Termination Date, the City's assistance to the Corporation will cease upon <br />termination. In such case any unfulfilled assistance as set forth in Exhibits A and <br />B will remain unfulfilled. The Corporation shall pay any and all taxes due to <br />federal, state, and local governments, and the City shall not withhold any <br />amounts therefore. In addition, the Corporation shall be responsible for any <br />necessary workers compensation and unemployment insurance required for the <br />