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' LAIS, BANNLGAN & CiRESI, P. A. <br />' ATTORNEYS AT LAW <br />408 MIDWEST FEDERAL BUILDING <br />- ., _... - ¢iM AND CCDAR <br />~,._ SAINT PAUL. MINNESOTA ~lS5101 - <br />DONALD L.LAIS - 224-$79F <br />.JOHN F. BANNIGAN, JR <br />JEROME 4. CIRESI - <br />PA7RIGK J :KELLY <br />August 5, .1481....... <br />_, <br />Mr. James Fornell - <br />City Manager <br />City of New Brighton <br />803-5th St. N.W. <br />New Brighton, M[3 55112 <br />RE:, Long Lake Park Joint Powers Agreement <br />Dear Mr, Fornell• <br />As I read the proposed Agreement relating to maintenance and operation in <br />Long Lake-Rush Lake Regional Park as executed by Robert J. brth and <br />Harry Marshall on June 22, 1981, I find that there is no specific date <br />of transfer of title from the City to the County with under the terms of <br />such agreement be able to maintain and operate the respective parks and <br />expedite the development of Long Lake-Rush Lake Regional Park. The <br />Agreement seems to allow-for the transfer of such title from the City to <br />the County but does not make it a requirement. <br />Having that in mind, yourquestion as to whether or not the City of New <br />Brighton may back out of said Agreement if they do not agree with .the. <br />master plan, it vaould appear that at least under the terms of the Joint <br />Pavers Agree.:rent, the City still. retains the power to withdraw from the <br />actual transfer of title for whatever reason the City may detJermine, <br />including the fact that it may not agree with the overall master plan.. <br />It does seem, however, that under the statement of understanding that the <br />City and the County are agreeing to "werk closely to draft a master glan <br />which contains a physical plan which seeks to control operational and <br />maintenance cost and an operational plan." The statement of understanding <br />regarding Long Lake Park provides in paragraph IV Limitation, in part as <br />follows: "The master and operating plan to be developed through this <br />statement. of understanding shall be subject to approval by both governing <br />boards, as well as review by the New Brighton Park Board before it shall. <br />became of fecti_ve . <br />