1d. SouthWest Transit Station Agreement: Approve Amendment 10° _Lek
CITY OF MEMORANDUM
CHANHASSEN TO: Todd Gerhardt, City Manager
7700 Market Boulevard
PO Box 147 FROM: Paul Oehme, Director of Public Works /City Engineer
Chanhassen, MN 55317
DATE: May 24, 2010
Administration SUBJ: Approve Amendment to SouthWest Transit Station Agreement
Phone: 952.227.1100 Extending the Deadline for the Project
Fax: 952.227.1110
Building Inspections PROPOSED MOTION
Phone: 952.227.1180
Fax: 952.227.1190 "Approve Amendment to SouthWest Transit Station Agreement Extending the
Engineering
Deadline for the Project."
Phone: 952.227.1160
Fax: 952227.1170 City Council approval requires a simple majority vote of the City Council
present.
Finance
Phone: 952.227.1140
Fax: 952.227.1110
BACKGROUND
Park & Recreation
Phone: 952.227.1120 On December 7, 2009, the City entered into an agreement with Southwest Transit
Fax: 952227.1110 for site improvements for the Downtown Transit Station. The intent of the
agreement was to outline the responsibilities of the City and SouthWest Transit
Recreation Center for the project. This agreement identified the costs and the funding required to
2310 Coulter Boulevard
Phone: 952.227.1400 construct the project and future ownership of the site improvements.
Fax 952.227.1404
This amendment extends the date when the closing and the contingencies for
Planning & Phase I and II site improvements need to be satisfied. The date is proposed to be
Natural Resources extended from April 2, 2010 to December 31, 2010. The project has taken longer
Phone: 952.227.1130 to be reviewed and approved by MnDot and the Federal Government than was
Fax: 952.227.1110 originally anticipated. The bid opening for the project is set for June 3, 2010 and
Public Works the award of the project by SouthWest Transit is scheduled for June 17, 2010.
1591 Park Road
Phone: 952.227.1300 Attachment •
Fax 952.227.1310
Senior Center
Phone: 952:227.1125
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
g: \eng \public\_2008 projects \08 -11 downtown transit site imp \052410 bkgd extend project deadline.doc
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
FIRST AMENDMENT TO
COOPERATIVE AGREEMENT
BETWEEN THE CITY OF CHANHASSEN
AND SOUTHWEST TRANSIT FOR THE
DOWNTOWN TRANSIT STATION SITE
IMPROVEMENT PROJECT
THIS FIRST AMENDMENT is entered into between the CITY OF CHANHASSEN, a
Minnesota municipal corporation (hereinafter referred to as "Chanhassen" or the "City ") and
SOUTHWEST TRANSIT, a joint powers entity organized under the laws of the State of Minnesota
(hereinafter referred to as "SouthWest "), with Chanhassen and SouthWest collectively hereinafter referred
to as the "Parties ".
1. EXISTING AGREEMENT. The Parties have previously entered into a "Cooperative
Agreement for the Downtown Transit Station project hereinafter "Cooperative Agreement." The
Cooperative Agreement which is incorporated herein by this reference shall remain in full force and
effect except as specifically amended by this First Amendment.
2. AMENDMENT. Paragraph 5 of the Cooperative Agreement is amended to read as
follows:
PROJECT COORDINATION AND CONTINGENCIES. Chanhassen must close on the
property acquisition pursuant to the Purchase Agreement before a contact is entered into for
either project. Contracts for the Phase I and Phase II Improvements must be let concurrently.
If a contract is not awarded for both the Phase I Improvements and the Phase II Improvements
a contract may not be awarded for either project. If the contingencies are not satisfied by
December 31, 2010, neither the Phase I nor the Phase II Improvements will be constructed.
The Phase I Improvements must be substantially completed before the Phase II Improvements
commence.
3. EFFECTIVE DATE. The Parties hereby agree that the effective date of the
Cooperative Agreement was December 7, 2009.
[Signatures on following page]
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IN WITNESS THEREOF, the Parties have caused this Agreement to be executed by their duly
authorized officials on the dates shown below.
Dated: , 2010. Dated: , 2010.
SOUTHWEST TRANSIT CITY OF CHANHASSEN
BY: BY:
Its Chair Its Mayor
AND AND
Its Chief Executive Officer Its City Manager
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