CCP 01-13-1997 - Laserfiche WebLink

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I l.~/"U/~o 11:.H r_-Li. i ~;j.;)o~l:l .\.:;l -..-. 141 UU;)/ 1)1,;) I operating budge" for ,he Facility mus, include amounts necessary ro pay all operaring cow and " annu~l deb, service on ,he bonds. A5 described under PART III E, below, MASC and the Subdivisions here co will be obligated to make certain fixed rentol p~ymems for ~ specified amount of ice lime in amounr.s which will cumulatively provide for ,ne p.ymcm of all operaling and deb, service costs of ,he Facility. 1 It for any reason, (including refusal of a parlY co make eovenan" deemed essenlial by Anoka County) bond financing is not secured, this agreement shall be void and all of the cash down I payments sholl be refunded to the parries excep' for the $5,000 from each of MANS, Blaine and Coon Rapids, receipt of which by MASC is herel)y ~cknowlcdged as an amount separa'e from and in addilion 10 rhe down p~ymem required under this paragraph II. I III. FACILITY OPERATION A. OWNERSHIP It is agreed ,hat ,ide to all real ptopetty upon which me F~cility is co be located Or I otherwise neeessaty for [he operation or aee"s5 <0 the Facility a< <he NSC will continue be held by MASC. Title to buildings, fixtureS and equipment reladng to the Facility under rhis MaHer Agreemem shall be held as required under the Bond Documenrs umil such lime as I none of the Bonds remain ou",anding LInder rhe Bond DocLlments. Upon the rcrminacion of rhis MaS{er Agreernenl, Ihe Faeilicy shall remain under rhe ownership of MASC. B. LlABIUTY I For purposes of this Masrer Agreemem, MASC shall be rhe operacor of ,he Facility and shall be responsible for all operational decisions which may give l'ise !O !Ort: liability by reoson of <he operation of the fa.ility. The parries ro Ihis Masrer Agreement shall be liable .. only foe obligations undertaken by them pursuant to rhis Masrer Agreemem or otherwise provided by conrra." MASC may at its sole opdon and discrerion eleor to either purchase such insurance as it may choose, or decr [Q proceed under Minnesora Scare Ton Liabili~ Act. I C. STAFFING MASC will hire, supervise and coordinat<: all permanenr and temporaq sraff I necessary and eonveniem to operare rhe fa.ility. For purposes of determining operating expenses, M>\SC may make sllch reasonable allo.alions of ,he overall expense ope1'3,ion of the N .,ional Sports C,mer expense ro rhe FaeiliLY as fairly represenr the cOst of all staff I hciliries and equipment employed on behalf of or beneficial ro th. faciliey. MASC may in its sole discretion delegare the opera,ions of the facility ro the Katiollal SportS Centet Foundarion. The disb\lrsemem of Funds under ,his M..,er Agreemenr and any .0ntraC" entered imo to carry our the MaSler Agreement shall be the responsibiliry of MASC and '\leh I powers ,hall be exercised pursuam to the laws which apply to MASC. MASC agrees rh~t it will nOt staff and/or operate any Other ice complex (except I Columbia) wirhout the consenl of (he Joim Board established pursuant to part D below (hereinafter referred ro as the "Joim Board"). D. POLICY I There shall be esrablished pur$l.lam ro Minnesora Sratures, Secrion 471.59, S\lbdivision 2, a J oinr Board consisting of cwo members appoimed by each of Blaine, and Coon Rapids, and one member selec(ed jointly by rhe munici(>aliries included in MANS, I one member from Ramsey County and four from MASC. Any party direcrly obligating irself for Guaranteed HO\lrs, as defined below, under this Masrer Agreement and who becomes a it party (0 this M,,-,(er Agreement shall be entirled !O replace one of the members of <he Joinr 3 I