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FEB 21 '94 16:58 HOLMES & GRAVEN P.2 <br /> HOLMES & GRAVEN <br /> CHARTERED <br /> Mtameya at Law <br /> EMIT A.ALBop 470 Maury Coater,Minneapolis,Minnesota SS402 <br /> (612)337-9300 ROBERT C.LONG <br /> RONALD II.BATTY <br /> LAURA Y.MOLL1 <br /> SWIMS J BV9OL Facsimile(612)337.9310 BA*SASA L POITWOOD <br /> { JOHN B.DEAN <br /> JAMES M.S194904EN <br /> MARY G. NS <br /> Ii Do IAMU J.THOMSON,AL <br /> STEBANIEN.GALEY LARRYM.'i I:aTIDm+s <br /> COUINE A.tiCINR BONNIE I.WILKINS <br /> JAMES S.HOLMES <br /> ( HA <br /> vIO I.KENNEDY WRITER'S DIRECT DIAL GAaY P.Winn <br /> JOHN R.LARSON 337-9209 DAVID L.GIaAv�r 4 ivau <br /> WELLINGTON fit.LAW VIA RAPIFAX AND MAIL of COMMEL <br /> CHAEIRS r"LEMM B goblin'C.CAaIsoN <br /> j04lN M t Y1raR, Maria L.DA�Sole <br /> RoMIAT J.14NDALL T.JAY SALMIS <br /> February 21, 1994 <br /> Samantha Orduno <br /> Administrator <br /> City of Mounds View <br /> 2401 Highway 10 <br /> Mounds View, MN 55112-1499 <br /> RE: Spring Lake Park Fire Contract <br /> Dear Samantha: <br /> You asked me to review the proposed contract to furnish fire protection service with <br /> the Spring Lake Fire Department. My comments follow; <br /> 1. The second WHEREAS clause states that "nothing in this contract shall be <br /> construed in any manner to alter the existing legal relationship between [the <br /> three cities] and the Fire Department." I am not sure why this provision is <br /> in the agreement. I have reviewed the contract dated May 5, 1986 with the <br /> Fire Department. It appears to me that the new agreement will supersede the <br /> old agreement. Consequently, the intent of the agreement is to supersede and <br /> change the legal relationship with the Fire Department. Leaving this <br /> WHEREAS clause in the contract can create some ambiguity if a disagreement <br /> arises in the future between the Fire Department and the city. One of the <br /> parties could contend that the previous contract could be used to determine <br /> the legal relationship between the parties. I don't believe that this is the <br /> intention in the new agreement. I recommend that the second WHEREAS clause <br /> be deleted. <br /> 2. Section 6.6 of the agreement specifies that fire protection services constitutes <br /> "a top priority for the allocation of the Cities' financialou <br /> X�e6 tees." That <br /> paragraph goes on to restrict the city's discretion in determining how to fund <br /> the Fire Department's operating budget. I do not believe that it is wise for <br /> the city to agree to have its discretion controlled in this manner. <br /> 3. The term of the agreement is 10 years and is automatically renewable for <br /> successive 10-year <br /> periods unless either party gives a six-month written <br /> notice to terminate. The length of term is discretionary with the city. (The <br /> previous contract provided for a five-year term.) <br /> .Y 66039 <br /> 881125-11 <br />