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• <br /> <br />~. •I would assume from my review that both the City and <br />the County will be able to use their Own purchasing <br />rules for accomp3shing their respective duties under <br />the Agreement . 3f this is not the case ,fie, g. if the <br />Beach and. Concessions Facility was to be constructed. <br />based on plans drawn by an`architect hired by the <br />County with bids let out by City-County ~'urchasin <br />the Agreement should be revised, It ~nay~well be t at <br />with the Gounty's seventy five percent participation, <br />it is your intent tG have the County take the major <br />role in developments, including buildings and boat <br />ramps, desp~,te 'the :fact that the City wi,llultmately <br />program and operate those facilities • <br />~~ N:inn. Stat., section ~71.~97, Subd. 5, requires that <br />the Agreement provide for-the disposition of propextes <br />at the termination of the Agreement. Possibly you <br />would like to agrQe that buildings `or gther ma3or im- <br />provements constituting f3rtures wouldrevert to the <br />City or County based on ownership of the underlying <br />land. You r:,ay also want to agrEe that equipment u~ea <br />in fulfilling the partiesi respective responsibilities <br />.. fie. "g. paveMent si•:eeper to the City, tree trim.~er ~o <br />the County should revert to the party responsible for <br />the relevant operation, This consideration is valid, <br />of course, only if the equipment is acquired under the <br />cost sharing formula in-the agreement. <br />6. The paragraph relating to amendments contains a concept <br />which I consider to be of little value -- that of being <br />"opened for amendments." It might ,be easier simply to <br />note the contract may be amended by agreement of the <br />parties, reduced to writing, and attached to the original <br />Agreement. In the second sentence, you can provide that <br />the contracts may be canceled tic~ithzn essencepotheot <br />Agreement is thenCleftdaopen for amendments" at all <br />times . <br />7. The Agreement contains no discusseonarti~s.thAnrinjurye <br />tort and contract liability of th part and the County <br />on a Park site owned by the City in p <br />in part, and operated as a point enterprise, would re- <br />sult in a lawsuit against both. You may want to desig- <br />nate one party as the legal representative far both in <br />• any legal action and share any resulting litigation ex- <br />penses and settlement or judgment costs in the seventy- <br />five percent-twenty-five percthe ~e~~'ectivetp~rteseare <br />you maY want to provide tt~t P . <br />