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2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />Attachment D <br />RECREATION AGREEMENT <br />BETWEEN <br />THE CITY OF ROSEVILLE AND <br />THE ROSEVILLE CENTRAL PARK FOUNDATION <br />THIS AGREEMENT is made and entered into this day of , 2009, by and <br />between the City of Roseville (hereinafter called "the City"), and The Roseville Central Park <br />Foundation, a Minnesota nonprofit corporation (hereinafter called "the Foundation") pursuant to <br />the authority of Minn. Stat. � 471.16, et seq. <br />ARTICLE I <br />PREMISES <br />13 The subject of this Agreement is the construction of Central Park's Muriel Sahlin Arboretum <br />14 Restroom ("the Restroom"), which is located in Central Park of the City of Roseville, Minnesota <br />15 legally described in the attached Exhibit A, which is owned by the City. <br />16 <br />17 <br />ARTICLE II <br />PURPOSE <br />18 The purpose of this Agreement is to provide for the construction of the restroom at the Muriel <br />19 Sahlin Arboretum. The parties acknowledge that the funding for the construction of the <br />20 restroom is being provided from the Roseville Central Park Foundation. <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 <br />36 <br />37 <br />38 <br />ARTICLE III <br />TERM <br />The term of this Agreement shall be from �July 1, 2009, until the completion of the Restroom <br />and the acceptance of the Restroom by the City. After final completion, inspection, and <br />acceptance by the City and proof of payment of all construction-related costs by the Foundation, <br />the Restroom shall become a gift to the City pursuant to a Deed of Gift in the form of Exhibit S <br />attached hereto; and the City shall release the Roseville Central Park Foundation from all future <br />claims related thereto. <br />ARTICLE IV <br />RESTROOM CONSTRUCTION <br />1. The Foundation shall, at its sole expense, provide for construction of the Restroom. The <br />Restroom shall generally consist of the construction of a new restroom, and general <br />landscaping in the restroom area. Upon receipt of final plans and specifications for the <br />restroom and surrounding area which are acceptable to the Foundation, such plans and <br />specifications shall be submitted to the City for its approval. Upon receipt of written City <br />approval of such plans and specifications, the Foundation shall negotiate with a <br />contractor acceptable to the Foundation and the City for construction of the Restroom. <br />Prior to final execution of a construction contract with such contractor, the construction <br />2231209v2 <br />