4.4 SR 08-05-2024city of
El �.
1-.Uve
To
City Council
Meeting Date
August S, 2024
Item Description
Use Agreement 24-22: ETC with ISD #728
Request for Action
Item Number
4.4
Prepared By
Cal Portner, City Administrator
Reviewed by
Cal Portner
Joe Stremcha
Mark Dickinson
Darren McKernan
Tina Allard
Action Requested
Approve, by motion, Agreement 24-22 with ISD #728 for the city to use the district's ETC facility for public
safety training.
Background/Discussion
ISD #728 has moved its educational training from the ETC Facility to other school buildings throughout the
district. They intend to eventually demolish the building and repurpose the property.
The Parks and Recreation Commission has directed an Oak Knoll Master Plan to include the potential use of
this property and the Ivan Sand School adjacent, which was tentatively scheduled for closure in 2026.
Before demolition, the fire and police departments would like to use the building for training purposes. The
training will not be destructive so there is no need for an asbestos inspection at this time.
Financial Impact
N/A
Mission/Policy/Goal
Meet changing needs - Agile
Attachments
I. Agreement
The Elk River Vision
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Facility Use Agreement
This Facility Use Agreement ("Agreement") is made and entered into by and between
Independent School District 728, hereinafter referred to as "ISD 728", and The City of Elk River,
hereinafter referred to as "the City", collectively referred to as the "Parties".
Purpose of Agreement
ISD 728 agrees to permit the City to use the Educational Technology Center (ETC) Building
owned by ISD 728, and the City agrees to use said facilities, subject to the terms and conditions
of this Agreement.
Facilities
The facilities subject to this Agreement are located at 1230 School Street NW Elk River, MN
55330, and are further described in Exhibit A attached hereto and incorporated herein by
reference.
Permitted Use
The City desires to use the ETC Building for Fire and Law Enforcement training space. The
parties agree that any use outside of this purpose would require the prior approval from ISD 728.
Term
This Agreement shall commence on September 1, 2024 and shall continue until August 31, 2025,
unless earlier terminated by either Party in accordance with the terms herein.
Costs
Utilities: At its earliest convenience but no sooner than August 31, 2024, ISD 728 will
disconnect all utilities for the building.
Keys: The City will be responsible for rekeying the facility and will provide a copy of the
key to ISD 728 on or about September 30, 2024,
Insurance: The City shall maintain property & liability insurance coverage to cover
bodily injury and property damage.
Indemnification
Page 35 of 159
The City agrees to indemnify, defend, and hold harmless ISD 728, its officers, agents, and
employees from and against any and all claims, liabilities, damages, losses, costs, and expenses,
including reasonable attorneys' fees, arising out of or related to the City's use of the facilities.
Compliance with Laws
The City and ISD 728 agree to comply with all applicable laws, rules, regulations, and
ordinances in connection with its use of the facilities. This Agreement shall be governed by and
construed in accordance with the laws of the State of Minnesota, without regard to its conflicts of
law principles.
Termination
Either Party may terminate this Agreement upon written notice to the other Party at any time.
Entire Agreement
This Agreement constitutes the entire agreement between the Parties with respect to the subject
matter hereof and supersedes all prior and contemporaneous agreements and understandings,
whether written or oral, relating to such subject matter.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above
written.
Signatures
2
Page 36 of 159
The City of Elk River Independent School District 728
IM
Name:
Title:
Date:
By:
Name:
Title:
Date:
Exhibit A: Description of Facilities
By:
Name:
Title:
Date:
3
Page 37 of 159
The Educational Technology Center (ETC) building is located at 1230 School Street NW Elk
River, MN 55330.
Page 38 of 159