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LAw OFFICES OF <br /> William G. Hawkins and Associates <br /> Legal Assistant 2140 FOURTH AVENUE NORTH <br /> WILLIAM G. HAWKINS TAMMI J. UVEGES ANOKA, MINNESOTA 55303 <br /> BARRY A. SULLIVAN PHONE(612) 427-8877 <br /> FAX(612) 421-4213 <br /> June 22, 1998 <br /> Mr. Richard DeGardner, Jr. <br /> Director of Parks and Recreation <br /> Lino Lakes Parks and Recreation <br /> 7204 Lake Drive <br /> Lino Lakes, MN 55014 <br /> Re: BMX Track at Quail Ridge Park <br /> Dear Mr. DeGardner: <br /> Please consider this letter a response to your request dated June 12, 1998 regarding <br /> the BMX track at Quail Ridge Park. <br /> As I understand it, the first question raised by this issue is whether the City has the <br /> authority to enter into a lease of real estate with a private party. Generally, the <br /> answer is yes. However, a problem may arise with respect to park land. Our ability <br /> to lease the property would be dependent on whether or not the property was <br /> dedicated to the City for a specific park use or generally as a part of a residential <br /> subdivision plat. If it was dedicated for a specific purpose the lease could not be <br /> inconsistent with that purpose. If it was dedicated as a part of a plat this would allow <br /> use of land to the public for general park and recreational uses. I believe that the <br /> proposed BMX Track would be consistent with this type of dedication. <br /> Our recommendation is that a written lease be signed by some responsible individual <br /> or business entity rather than a loose association of people. Further, it would be <br /> prudent that the lease require that the tenant obtain general liability insurance <br /> coverage and name the City as additional insured. Furthermore, the lease would <br /> require the entity to indemnify the City for any injuries that may take place upon the <br /> property. The amount of the insurance should be consistent with the tort limits <br /> established by Minn. Stat. § 466.04. These limits currently are $300,000.00 per claim <br /> and $750,000.00 per occurrence. The per occurrence limit rises to $1 million <br /> effective January 1, 2000. 1 would want to review or prepare any such lease. <br />