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02-18-25-SR
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3 <br /> <br />2.5 Development Approvals. The City of Arden Hills will review the proposed <br />project as part of its normal development process. <br /> <br />2.6 Termination. The Joint Powers Agreement shall be terminated upon the <br />occurrence of any of the following: <br /> <br /> 2.6.1 No Project Construction. If the Project does not move forward and the <br />Project is not constructed pursuant to paragraph 2.4, the City of Arden Hills <br />will have the option to reimburse the other Cities and the Lake Johanna Fire <br />Department for their direct cost to acquire the Property and any costs <br />associated with the Project, and take ownership of the Property. This option <br />must be exercised within ninety (90) days after expiration of the construction <br />commencement date in paragraph 2.4. Closing on this option must occur <br />within one hundred twenty (120) days of the date on which notice is given by <br />the City of Arden Hills to the Board that it is exercising the option. <br /> <br /> 2.6.2 Arden Hills not Served by Lake Johanna Fire Department. Should <br />the Lake Johanna Fire Department no longer serve the City of Arden Hills or <br />no longer use or occupy the Property, or otherwise cease to operate in the fire <br />station, then the fire station, at the discretion of the Board, may be used by a <br />successor organization that provides fire protection to all the Cities. Should no <br />acceptable successor organization be identified, the City of Arden Hills will <br />have the option to reimburse the other Cities and the Lake Johanna Fire <br />Department for their respective contributions to the purchase of the Property, <br />construction of the Project, and any applicable capital improvements to the <br />Property or the Project, plus inflation as measured by the Consumer Price <br />Index (CPI), and take ownership of the Property and associated buildings. <br />This option must be exercised within ninety (90) days after the occurrence <br />of the event triggering Arden Hills’ option. Closing on this option must <br />occur within one hundred twenty (120) days of the date on which notice is <br />given by the City of Arden Hills to the Board that it is exercising the option. <br /> <br />2.6.3 Termination by Board. The Board may terminate this Agreement upon <br />the vote of 3/4 of the directors present at any duly called meeting where a <br />quorum is present. <br /> <br /> 2.6.4 Sale Proceeds. Upon termination of this Agreement by the Board <br />pursuant to paragraph 2.6.3, the Property shall be sold and the net sale <br />proceeds shall be divided amongst the Cities and the Lake Johanna Fire <br />Department in proportion to their direct costs paid for the Property and the <br />Project. <br />
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