1e-3 Settlers West Agreement EPCITYOF
CHANHASSEN
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MEMORANDUM
TO: Paul Oehme, Director of Public Works/City Engineer :/, t,'-
FROM: Matt Saam, Asst. City Engineer
DATE: June 23, 2004
SUB J:
Approve Cooperative Agreement with the City of Eden Prairie for
Settlers West - Project No. 04-13 (Simple Majority Vote
Required)
Staff is recommending approval of the attached cooperative agreement between
the City of Chanhassen and the City of Eden Prairie. Legal counsel has previously
reviewed the amendment.
The agreement is needed because of the unique situation at Settlers West where
portions of the plat will be in both the City of Chanhassen and Eden Prairie.
However, the entire plat will be served with sanitary sewer and waster from Eden
Prairie. The agreement specifies the course of action for Chanhassen street repairs
resulting fi'om routine and emergency maintenance of Eden Prairie's utility
system. Ownership and maintenance of other infl'astructure, such as trails and
storm sewer, is also explained in the agreement. The City has a similar agreement
in place with the City of Victoria.
Final plat approval of the Settlers West subdivision is contingent upon this
agreement being signed by both Cities.
Attachments: Cooperative Agreement
c: Mary Krause, City of Eden Prairie
Gene Dietz, City of Eden Prairie
g:\cng\projccts\sculcrs west\approve coop agreement.doc
The City of Chanhassen ·/~ (iro'¢/!ng comrTSuolty wlh clean lakes
COOPERATIVE AGREEMENT
BETWEEN THE CITY OF CHANHASSEN AND
THE CITY OF EDEN PRAIRIE
FOR SETTLERS WEST
This Agreement is entered into as of ., 2004, by the City of Eden Prairie and
the City of Chanhassen, both municipal corporations under the laws of the State of Minnesota.
WHEREAS, The Pemtom Land Company ("Pemtom") owns property legally described
on Exhibit A attached hereto (the "Property"). A portion of the property is located in the City of
Chanhassen ("Settlers West Carver") and a portion of the property is located within the City of
Eden Prairie ("Settlers West Hennepin"), collective relented to as Settlers West;
WHEREAS, Pemtom has requested, and the City of Chanhassen is willing to allow, the
City of Eden Prairie to provide municipal sewer and water to the property owned by Pemtom
located in the City of Chanhasscn.
NOW, THEREFORE, the parties hereto agree as follows:
1. Sewer and Water Service.
Upon approval of the Settlers West Carver plat for the property legally described
on Exhibit A within the City of Chanhassen, the City of Eden Prairie shall allow
Pemtom to connect the homes to be built on lots in said plat into the municipal
sewer and water system owned by the City of Eden Prairie. This sewer and water
system is located within CSAH#1 right of way adjacent to proposed Outlot A of
the Property as well as in Explorer Trail and Vogel Farm Road adjacent to said
Property on the east side thereof, providing sanitary sewer and a looped water
system.
The sewer and water pipes to be built by Pemtom in public right-of-
ways/easements within the Settlers West Carver plat at Pemtom's expense shall
conform to the plans and specifications approved by the City of Eden Prairie.
Upon completion thereof, such sewer and water pipes shall be owned and
operated by the City of Eden Prairie which shall maintain them and allow use of
them by the owners of the lots in the Settlers West Carver plat, subject to the
policies, rules and regulations of the City of Eden Prairie which apply to other
residential lots in the City of Eden Prairie.
The City of Eden Prairie shall bill the owner of each lot within the Settlers West
Carver plat for sewer and water service. The charges for said sewer and water
service shall include a penalty for late payment equal to at least 5% of the billing.
The City of Chanhassen, pursuant to Minnesota Statute § 444.075, subd. 3, agrees
to promptly certify the delinquent sewer and water bills against the property for
collection with real estate taxes if requested to do so by the City of Eden Prairie.
Upon collection by the City of Chanhassen, it shall remit amounts collected, less
5%, to the City of Eden Prairie.
Any time there is an interruption of water or sanitary service to the City of
Chanhassen residents, the City of Eden Prairie shall notify, in the same manner it
provides notice to Eden Prairie residents, the impacted residents and the City
Manager of Chanhassen. The notification shall clearly indicate a contact person
at the City of Eden PraMe.
Permits for the connection of sanitary sewer and water service from the street to
each lot will be administered by the City of Eden Prairie. Inspection of these lines
will also be performed by the City of Eden Prairie. The water meter and horn for
each lot will be sold by the City of Eden Prairie. Plumbing permits for piping
within the homes, along with the associated inspection, will be administered by
the City of Chanhassen.
2. Street Maintenance & Repair.
All reasonable street repairs associated with the maintenance of the City of Eden
Prairie's utility system, located within the City of Chanhassen will be the
responsibility of the City of Chanhassen, provided the City of Eden Prairie
provides fourteen (14) days written notice to the City of Chanhassen of any
intended utility repairs, except in the case of an emergency, in which case notice
shall be provided as soon as practical. The City of Chanhassen shall have 10 days
to review and approve the specifications relating to such repair ("Review
Period"). Any objections to the specifications must be made within the Review
Period or the specifications will be deemed approved. Upon completion of such
repair, the City of Chanhassen will invoice the City of Eden Prairie for all
reasonable costs associated with the street repairs. The City of Eden Prairie
agrees to pay for reasonable paving expenses resulting from the repair of the
utility system, located in the City of Chanhassen.
In the case of emergency repairs to the City of Eden Prairie's utility system, when
it is impossible for the City of Eden Prairie to give fourteen (14) days written
notice of intended repair work to the City of Chanhassen, the City of Eden Prairie
shall restore the street to a minimum condition of a gravel surface within 72 hours
so access can be gained by residents and the public. The City of Chanhassen will
then repave the disturbed road section and invoice the City of Eden Prairie for all
reasonable paving expenses. The City of Eden Prairie agrees to pay for
reasonable paving expenses resulting from the repair of the utility system.
Street repair resulting from the repair of the utility system to be provided under
paragraphs A or B above shall include, without limitations, all reasonable
administrative costs, engineering costs, costs of materials, labor, and all other
construction costs associated with street repairs.
The City of Chanhassen shall be responsible for snowplowing/street sweeping
from the intersection of Explorer Trail/Settlers West Road and extending south
into Chanhassen to the cul-de-sac terminus of Settlers West Road. The City of
Eden Prairie shall be responsible for snowplowing/street sweeping from Pioneer
Trail, south along Settlers West Road, to the intersection of Explorer Trail and
from this intersection, east to the existing Settlers Ridge development.
4.
Timing of the reconstruction of streets within the City of Chanhassen shall be
coordinated, to the greatest extent possible, with the replacement of the City of
Eden Prairie-owned sanitary sewer and watermains.
Trail Maintenance & Repair.
The City of Chanhassen will own and maintain the public trail system within the City of
Chanhassen. The City of Eden Prairie will own and maintain the public trail system
within the Eden Prairie.
Water Use Restriction.
The City of Eden Prairie will inform the City of Chanhassen in writing of any water
emergencies declared by the City of Eden Prairie and the restrictions imposed as a result
thereof. The City of Chanhassen agrees to implement and enforce the same restrictions
on that area within the City of Chanhassen served by water from the City of Eden Prairie
as are imposed by Eden Prairie on other Eden Prairie residential areas.
Storm Sewer Ownership/Maintenance
The City of Chanhassen will own and maintain the public storm sewer system within the
City of Chanhassen. The City of Eden Prairie will own and maintain the public storm
sewer system within the City of Eden Prairie.
Erosion Control and Maintenance
The City of Chanhassen shall include in its Development Agreement with Pemtom the
following language:
Outlot F, Settlers West, Carver County, Minnesota shall be maintained by
the owner of Outlot F, such that erosion does not occur. If erosion does take
place and extends into the City of Eden Prairie, repair to the eroded areas
located within the City of Eden Prairie shall be repaired by the owner of
Outlot F and at no expense to the City of Eden Prairie. The City of Eden
Prairie is an intended third party beneficiary of this paragraph and the City
of Eden Prairie shall have the right to enforce the terms of this paragraph by
all legal and equitable remedies including but not limited to abatement,
injunction and damages.
Project Approval
This Agreement is applicable to the Settlers West project as approved by the respective
City Councils. No additional units or density may be connected to the City of Eden
Prairie's utility system without the approval in its sole discretion of the City of Eden
Prairie and an amendment to this Agreement agreed to in writing by both parties.
8. indemnification
Each party is responsible for its own acts, omissions and the results thereof to the extent
authorized by law and will not be responsible for the acts and omissions of others and the
results thereof. Minnesota Statutes ss 466 and all other applicable law govern the liability
of the parties. It is understood and agreed that this Agreement is entered into solely for
the benefit of the parties to this Agreement and there are no third-party beneficiaries.
9. Dispute Resolution
Any dispute relating to this Agreement shall be submitted to mediation. Upon service of
a written notice requesting mediation, the parties shall have ten (10) days to select a
mediator. If the parties are unable to agree upon a mediator, the Chief Judge of the 4th
Judicial District, Hennepin County, Minnesota, shall select a mediator. The mediation
shall be conducted pursuant to the procedures used by the mediator, provided that the
entire mediation process be concluded within thirty (30) days of appointment of the
mediator, or within such other time as the parties may agree in writing. Each party shall
bear its own cost of the mediation process. The parties shall share equally the fees and
expenses of the mediator. No action shall be commenced in any court to enforce or
otherwise imply, interpret, or seek cure for a breach of this Agreement, excluding an
action requesting a Temporary Restraining Order, before the completion of the dispute
resolution process outlined in this section. Neither party shall assert, plead, raise, allege,
or rely upon the applicable statute of limitations, laches, timeliness, delay, or any other
defense based on the passage of time during the dispute resolution process in any
subsequent judicial or administrative proceeding.
10. Entire Agreement
It is understood and agreed that the entire agreement of the parties is contained in this
Agreement and it supersedes all oral agreements and negotiations between the parties
relating to the issues discussed in this Agreement.
11. Data Practices
The parties agree to abide by the provisions of the Minnesota Government Data Practices
Act, Minnesota Statute ss 13, as amended, and Minnesota Rules promulgated pursuant to
Chapter 13. Each party agrees to hold the other parties harmless from any claims
resulting from and unlawful disclosure or use of data, by its respective personnel,
protected under state and federal laws.
12. Audits
The parties agree to comply with Minn. Stat. ss 16C.05, Subd. 5 regarding audits.
13.
Notices
Notices to be given under this Agreement shall be given by enclosing the same in a
sealed envelope, postage prepaid and deposited in same in the U.S. Postal Service,
addressed to the parties as listed below:
14.
City of Eden Prairie
ATTN: Eugene Dietz
Eden Prairie City Offices
8080 Mitchell Road
Eden Prairie, MN 55344-2230
City of Chanhassen
ATTN: Todd Gerhardt, City Manager
Chanhassen City Hall
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Signing of Agreement.
This Agreement may be signed in counterparts and on different dates by each party
without affecting the validity thereof.
CITY OF CHANHASSEN:
By.
Its:
Mayor
Tom Furlong
And By.
Todd Gerhardt
Its: City Manager
Date
CITY OF EDEN PRAIRIE:
By
Its: Mayor
And By.
Nancy Tyra-Lukens
Scott Neal
Its: City Manager
Date
STATE OF MINNESOTA )
) SS.
COUNTY OF )
This instrument was acknowledged before me on this __
by Tom Furlong, its Mayor, on behalf of the City of Chanhassen.
day of
,2004,
Notary Public
STATE OF MINNESOTA )
) SS.
COUNTY OF )
This instrument was acknowledged before me on this __ day of
by Todd Gerhardt, its City Manager, on behalf of the City of Chanhassen.
,2004,
Notary Public
STATE OF MINNESOTA )
) SS.
COUNTY OF )
This instrument was acknowledged before me on this __ day of
by Nancy Tyra-Lukens, its Mayor, on behalf of the City of Eden Prairie.
,2004,
Notary Public
STATE OF MINNESOTA )
) SS.
COUNTY OF )
This instrument was acknowledged before me on this __ day of
by Scott Neal, its City Manager, on behalf of the City of Eden Prairie.
,2004,
Notary Public
g:\cng\projects\seltlers west\final cooperative agreement.doc
EXHIBIT A
That part of the East Half of the Southeast Quarter of Section 25, Township 116, Range
23, Carver County, Minnesota, which lies southeasterly of the southeasterly right-of-way
line of the HENNEPIN COUNTY REGIONAL RAILROAD AUTHORITY, Carver
County, Minnesota per Property Map No. 15 as recorded in Document No. 189395
(formerly the Chicago and Northwestern Railway Company).
(Settlers West Carver)
Lot 1, Block 1 DORENKEMPER ESTATES, Hennepin County, Minnesota, according to
the recorded plat thereof.
(Settlers West Hennepin)