CCP 01-27-1997 - Laserfiche WebLink

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u~.~~. ~i ~~.~: r:i..!L 10a.)'O;;l:;1 :""L -eJ UU-t." U..I.-t I ~__ __u I. Documents (hereinmer, rhe "Truseee"). The bond Documents will require chae rhe annual operaeing budgets for the Faciliey muse include amoums necessaey eo pay all operaeing costs and annual debr service on rhe bonds, As described under PART III E, below, MASC and the I Subdivisions herero will be obligared eo make cerrain ftxed reneal payments for a specifted amounr of ice eime in amounts which will cumulatively provide for the payment of all operating and debe service COSts of the Faciliey, I Ie for any reason, (including rcfusal of a parey to make covenants deemed essential by Anoka Couney) bond financing is not secured, rhis agreemenr shall be void ""d all of rhe cash down I payments shall be refunded to rhe parries exeepr for rhe $5,000 from each of MANS, Blaine and Coon Rapids, reeeip' of which by MASC is hereby acknowledged as an amount separate from and in addirion co rhe down paymem required under ehis paragraph II. I III. FACIUTY OPERATION A. OWNERSHIP Ie is agreed rhar ride to all real properey upon which rhe Faciliey is to be located or I orherwise necessary for rhe operaeion or access '0 rhe Faciliey ae rhe NSC will continue be held by MASC. Tide ro buildings, fixtures and equipmenr relaring ro rhe Faciliey l1nder rhis Master Agreemem shall be held as required under rhe Bond Documents until such time as I none of rhe Bonds remain outstanding under the Bond Documents, Upon rhe termination of this Master Agreemel\r, ,he Faciliey shall remain under rhe ownership of MASC. B, LIABILITY I For purposes of this Master Agreemem, MASC shall be rhe operator of ,he Faciliey and shall be responsible for all operarional decision; which may give rise ro rorr liabiliey by reason of the operation of the facility. The parties to dlis Masrer Agreement shall be liable I. only for obligations underraken by rhem pursuanr to rhis Master Agreement or oeherwise provided by contrace. MASC may ae its sole option and discretion elece to either purchase such insurance as it may choose, or e1eer to proceed under Minnesoea Scare Torr liability I Act. C. STAFFING MASC will hire, supervise and eoordinare all permanent and temporary scaff 1 necessary and convenient to opeute rhe facility. For purposes of deeermining operaring expenses, MASC may make such reasonable allocarions of the ovetall expense operation of the National SpOttS Center expense co ehe faciliey as fairly represent the COSt of all scaff I facilities and equipment employed on behalf of Or beneficial co rhe faciliey. MASC may in ies sole discretion delegate ehe operations of ehe facility co the National Spons Cemer Foundation. The disbursemene of funds under ,his Master Agreement and any eonrraces 1 encered inco co carry out rhe Master Agreement shall be the responsibiliey of MASC and such powers shall be exercised pUrSllaM to rhe laws which apply co MASC. MASC agrees rhat ir will not scaff and/or operaee any ocher ice complex (except I Columbia) without rhe consene of ehe Joint Board established pursuant to parr D below (hereinafeer referred co as ,he "Joint Board"). I D, POllCY There shall be established pursuant co Minnesota Searuees. Section 471.59, Subdivision 2, a Joint Board consisting of cwo members appoimed by each of Blaine, and I Coon Rapids, and one member selected joindy by rhe municipalities included in MANS, one member from Ramsey County and four from MASC. Any pany di=cly obligating itself for Guaranteed Hours, as defined below, under this Master Agreement and who becomes a ,. 3 I