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- <br /> . <br /> �� <br /> : � <br /> DOVE FRETLAND & VAN VALKENBURG <br /> LAURA K.FRETLAND PROFESSIONAL LIMITED LIABILITY PARTNERSHIP PARALEGAL <br /> PAUL D.DOVE ' ATTORNEYS AT LAW LAURA J.LINS <br /> JANE VAN VALKENBURG 5881 CEDAR LAKE ROAD <br /> MINNEAPOLIS,MINNESOTA 55416-1492 <br /> 413 SOUTH RUM RIVER DRIVE,SUITE 6 <br /> OF COUNSEL PRINCETON,MN 55371 <br /> 952-545-9000 763-389-2214 <br /> RICHARD J.SCHIEFFER FAX: 952-545-1793 FAX: 763-389-5506 <br /> DAMIEN F TOVEN FAX: 952-542-9210 <br /> 800-343-4545 <br /> "CERTIFIED AS A REAL PROPERTY LAW 235 HASSAN STREET SE <br /> SPECIALIST BY THE MINNESOTA STATE E-MAIL�. DFW@DFWLAW.COM HUTCHINSON,MN 55350 <br /> BAR ASSOCIATION VVWW.DFWLAW.COM 320-587-6239 <br /> FAX:320-587-4096 <br /> May 14, 2010 <br /> Terrance R. Post <br /> Long Lake City Administrator <br /> P.O. Box 606 <br /> Long Lake, Minnesota 55356 <br /> RE: Long Lake/Orono 2002 Willowfire Addition Utility Agreement <br /> Our File No. 13565 <br /> Dear Mr. Post: <br /> This office represents the City of Orono as conflicts counsel with respect to the <br /> negotiation of the Police Services Contract, and I have been asked to review several <br /> questions regarding the above agreement as well. These questions arise both from <br /> your written comments regarding the Orono Comprehensive Plan on April 26, 2010, and <br /> from information which you provided orally to Amanda Novak of CommonBond <br /> Communities. My inquiries are not interposed to take a position for or against the <br /> CommonBond project, but to recognize that this is the first occasion in which the <br /> Willowfire Utility Agreement may be put to use and to further recognize that the <br /> interpretations given to it at this time could have long-lasting implications far beyond this <br /> particular project. <br /> I would like to clarify or discuss the following items: <br /> 1. Utility Aqreement Validity. In discussions with Ms Novak of <br /> CommonBond, apparently you have suggested that the Utility Agreement is no longer <br /> enforceable because the members of the City Council have changed since 2002,the <br /> implication being that a subsequent city council may safely decline to honor contract <br /> provisions. While this theory (a current city council cannot bind future city councils) has <br /> some validity on internal city matters such as zoning or special assessment policy, <br /> when the rights of third parties are involved, the concept no longer applies. Contracts, <br /> whether they involved purchasing a squad car or providing sewer capacity, are binding <br /> agreements and require the consent of all parties to make changes. <br />