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c 99( 14 c4'a 515 Little Canada Road, Little Canada, MN 55117 -1600 (612) 484 -2177 / FAX: (612) 484-4538 MEMORANDUM TO: Mayor Hanson & Members of the City Council FROM: Joel R. Hanson, City Administrator DATE: October 28, 1992 RE: Water Works Trail Agreement MAYOR Raymond G. Hanson COUNCIL Beverly Scalze Bill Blesener Rick Collova Jim LaValle ADMINISTRATOR Joel R. Hanson Here is the revised paragraph ten to the Water Works Trail Agreement: 10. The Board retains the right to terminate the permission granted herein to the City to construct and operate a public trail for recreational purposes in accordance with paragraph 32 of that Agreement made by and between the Board and the City the 13th day of July, 1966. In the event the Board exercises this right of termination the City shall, at the request of the Board, remove the trail and restore the Board's right -of -way to its previous condition all at the sole expense of the City. Paragraph 32 as referred to above is as follows: 32. In addition to other reserved rights elsewhere herein set forth, the Board hereby also reserves the absolute right to revoke and terminate every contractual relationship hereby established between the Board and the Permittee; and every permission and authority hereby granted to Permittee may be revoked because of a default, neglect, nonconformance or noncompliance by Permittee in respect to any provision, term, condition or requirement hereof deemed sufficient grounds for such action by the Board. Any such revocation or termination pursuant to such reserved power by the Board shall be in the form of a resolution duly enacted by the Board and by service of a certified copy of such resolution upon Permittee. Said absolute right shall not Page 2