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USE AND OPERATING AGREEMENT <br /> (Intergovernmental) <br /> <br /> THIS AGREEMENT, Made and entered into this day of- ,2002, by and between <br /> <br />THE CITY OF FARGO, NORTH DAKOTA, a municipal corporation, hereina~er called "Fargo", <br />THE CITY OF WEST FARGO, NORTH DAKOTA, a municipal corporation, hereinafter called <br />"West Fargo", CASS COUNTY, NORTH DAKOTA, a body corporate under the laws of the State of <br />North Dakota, hereinaP~er called "County", and NORTH DAKOTA STATE UNIVERSITY, heroina~er <br />called "NDSU", <br /> <br /> WITNESSETH: <br /> <br /> WHEREAS, City of Fargo has entered into a lease agreement with the State of North Dakota, by <br />and through the Adjutant General, concerning the property on which the Law Enforcement Training <br />Center is located, said lease being dated December 28, 2000; and, <br /> <br /> WHEREAS, the parties wish to continue to operate said Lmv Enforcement Training Center as a <br />joint operation and wish to provide in this agreement for the operation, maintenance and usage of the <br />same; and, <br /> <br /> WHEREAS, the State of North Dakota (paragraph 5 of Lease Agreement) has consented to City <br />of F~rgo entering into an agreement for the operation, maintenance and usage by the Ci .t.tT of West Fargo, <br />Cass County and North Dakota State University; and, <br /> <br /> WHEREAS, the parties wish to commit their agreement to writing. <br /> <br /> NOW, THEREFORE, it is agreed by and bet~veen the parties as follows: <br /> <br /> 1. The parties agree that said training center will be operated and utilized fi.om time to time <br /> <br />by all of them. A representative of the Fargo Police Deparm~ent or such other person as may be agreed <br />upon fi.om time to time shall be the person in charge of coordinating activities at said training center. <br />Each of the parties will designate a person to serve on an informal board to discuss issues and problems <br />that may arise. <br /> <br /> 2. The parties agree that they will contribute to thc operation and mamtenance of said <br /> <br />facility such funds as may be necessary and in accordance with thc following formula: <br /> <br />a) City of Fargo Police Department 45% <br />b) City of West Fargo Police Department 17% <br />c) Cass County Government Sheriff's Office 32% <br />d) North Dakota State University 6% <br /> <br /> The parties recognize and agree that the training center is constructed on premises leased fi.om the <br />State of North Dakota (by and through the Adjutant General), the most current lease being dated <br />December 28, 2000, for aterm of 25 years with an option for additional 25 years. The parties agree that <br />at the termination of the lease (unless renewed), they may be obligated to remove the building (pmagraph <br />4 of said lease). The parties agree that the foregoing percentages shall also apply to the cost of removal if <br /> <br /> <br />