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HomeMy WebLinkAboutResolution - 1222 - Joint Agreement Between City and School District for Provision of Community Swimming Pool Facility - 09/16/1976 RESOLUTION 1222 JOINT AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND EDEN PRAIRIE SCHOOL DISTRICT 272 FOR PROVISION OF COMMUNITY SWIMMING POOL FACILITY This agreement executed on the 16th day of September, 1976 by and between the City of Eden Prairie a municipal corporation Hennepin County, Minnesota and Independent School District #272 a Public Corporation Hennepin County, Minnesota WITNESSES that : WHEREAS, the City and the District desire to cooperate in the construction and operation of a community swimming facility; and WHEREAS, the parties are generally agreed on the need for a community swimming pool having jointly considered such a facility; and WHEREAS, the City and District have previously cooperated on a number of joint projects for the benefit of both and for the citizens of the community, and wish to continue this cooperation; NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1 . The City wishes to provide recreational swimming opportunity for the residents of the community. • 2. The School District wishes to provide educational opportunity for its students. 3 . The School District, in proposing a Bond Issue .for Capital Development in 1976, will include approximately $955 , 000 for the construction of a swimming facility in conjunction with the new High School at Round Lake . 4. The design of the swimming facility, prior to construction, shall be done jointly between the City and the District represented by the staffs from each in conjunction with the School' District Architect. 5 . The School District will pay for the construction of the pool as a part of the general High School construction contract if the 1976 Bond Referendum is successful. 6. The School. District will pay for all design fees resulting from the construction of the swimming facility as well as construction supervision and other related fees. M , V 7. The City agrees to operate and maintain the facility on a year around basis including the establishment of an annual budget in cooperation with the School District on a pro rata basis and the complete maintenance, management, scheduling, su.porvitiion, and other aspects of the operation---the budget to include all costs of operation and revenues from user fees. g. The School District shall have the right .of first request for time in the pool facility up to a maximum of hours per year, such request and alloted hours shall respect the community use purpose of,the pool. Such requests for time to be made for the succeeding year at the time that the City is in the process of adopting it's budget for the succeeding year. 9. This agreement may be terminated at any time by written notice from one party to the other on or before July 1 of any given year for the succeeding year, but in no event can the agreement terminate for a period of ten years. 10. This agreement shall be binding upon both parties, their successors and assigns, and it shall continue as long as the parties maintain and operate the swimming facility at the Round Lake site or until further agreement by and between the parties. Sealed and signed on this date above 7fitten. Paul Enblom, School Board Chairman ,,e& A. laz . Woifg P zel, Mayor