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a joint powers agreement with, divided by the annual average number of <br />Ramsey fire personnel assigned to the Burns fire station in the four years <br />immediately prior to the termination of this Agreement, then subtracting from <br />said product the amount of Vested Benefits. <br />Ramsey shall cooperate with Burns in transferring such personnel. <br />B. Upon termination of this Agreement, any property which may have been jointly acquired <br />shall be disposed of as follows: <br />i. Except as to Burns Fire Relief Funds described above, cash, investments, and <br />other non - physical assets acquired in joint ownership shall be divided evenly <br />between Burns and Ramsey.. <br />ii. Any physical property acquired jointly shall be appraised by an appraiser <br />acceptable to both parties. If one party desires to purchase the property, it <br />may do so at the appraised value. If neither party desires to purchase the <br />property at the appraised value, it shall be offered for sale to any person or <br />entity qualified to purchase the property at the appraised price. Any variance <br />from the appraised price must be agreed upon between Burns and Ramsey. <br />9. ENTIRE AGREEMENT OF THE PARTIES <br />This agreement represents the entire agreement of the parties and all prior agreements, except the <br />August 1, 2006 fire contract referenced in paragraph 7F above, are terminated. No alterations, <br />variations, modifications, or waivers of the provisions of this agreement are valid unless reduced <br />to writing, signed by both City and Town, and attached hereto. <br />10. INCORPORATION. In the event Burns incorporates as a City during the term of this <br />Agreement, such City shall succeed to Burns rights and obligations under this contract upon the <br />establishment of such City and the cessation of Burns Township's existence. <br />11. MINNESOTA LAW GOVERNS. This Agreement shall be governed by and construed in <br />accordance with the internal laws of the State of Minnesota. All proceedings related to this <br />Agreement shall be venued in the District Court of Anoka County, State of Minnesota. <br />12. SEVERABILITY. The provisions of this Agreement shall be deemed severable. If any part <br />of this Agreement is rendered void, invalid, or otherwise unenforceable, such rendering shall not <br />affect the validity and enforceability of the remainder of this Agreement. <br />1[il <br />—233— <br />