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Roadway Agreement Lyman Blvd CITY OF CHANHASSEN 7700 Markel Boulevard PO Box 147 Chanhassen, MN55317 Adminlslration Phone: 952.227,1100 Fax 952,227.1110 Building Inspections Phone: 952.227.IIBO Fax 952.227.1190 Engineering Phone: 952.227.1160 Fax 952.227.1170 Finance Phone 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone 952.227.1120 Fax: 952.227.1110 Recrea!ionCenter 2310 Coulter Boulevard Phone 952.227.1400 Fax: 952.227.1404 Planning & Nalural Resources Phone 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 SeniorCenler Phone: 952227.1125 Fax 952.227.1110 WebSile www.ci.charìhassen.mn.us £. - MEMORANDUM TO: Todd Gerhardt, City Manager FROM: ~~ Paul Oehme, City Engineer/Dir. of Public Works DATE: October 5,2004 SUBJ: Discuss Roadway Agreement with Carver County Regarding Lyman Boulevard - Project No, 03-09-2 DISCUSSION Attached is an agreement for the Lyman Boulevard expansion project that is currently including in the TH 212 project. The expansion project will improve Lyman Boulevard from Powers Boulevard east to Lake Susan Drive, approximately 1500'. The improvements will make Lyman Boulevard have a consistent roadway cross-section from TH 101 to Powers Boulevard. The agreement has the City of Chanhassen participating in (20%/$187,800) of the project cost consistent with the current County participation policy. Roger Knutson will be present to discuss the current agreement and what was included in the old "Master Agreement". G:\ENG\1I1312\bg 020705 lymall agr wS.doc The Clly 01 Chanhassen' A growing community wilh clean lakes, quality schools, a charming downlown, thriving businesses, winding Irails, and beautiful parks A goat place to live, work, and play AGREEMENT TillS AGREEMENT made this _ day of , 2005 by and between the City of Chanhassen, a municipal corporation under the laws of Minnesota ("Chanhassen"); the City of Chaska, a municipal corporation under the laws of Minnesota ("Chaska") and the County of Carver, a political subdivision of the State of Minnesota ("Carver County"). WITNESSETH: WHEREAS, Chanhassen, Chaska and Carver County entered into a Master Agreement in March, 1994 (hereinafter "Master Agreement"); WHEREAS, a dispute has arisen between Chanhassen, Chaska and Carver County regarding their proportional obligation for financing the CSAH 17 (Powers Boulevard) to State Highway 101 portion of the CSAH 18 (Lyman Boulevard) construction project; WHEREAS, Chanhassen believes the Master Agreement is not a commitment to finance and construct highway improvements, but rather an agreement to negotiate which has expired; WHEREAS, Chanhassen, Chaska and Carver County desire to set forth an agreement for the financing of CSAH 18 between Highway 101 and Powers Boulevard construction project by the Minnesota Department of Transportation using the Design Build process with construction commencing no later than December 31,2007 (hereinafter "the Project") without waiving any claims or defenses available under the Master Agreement, including whether the Master Agreement remains a binding agreement. NOW THEREFORE, in consideration of the mutual covenants and obligations, Chanhassen and Carver County agree as follows: 1. Carver County shall pay 80% of the construction cost and engineering cost for the Project in accordance with Exhibit "A" attached hereto and made a part hereof. 2, Chanhassen shall pay 20% of the construction cost and engineering cost for the Project in accordance with Exhibit "A" attached hereto and made a part hereof. 3. The parties are entering into this Agreement in an effort to assure that the Project proceeds on schedule and to secure any available funding from State and Federal sources. 4. By executing this agreement, none of the parties waive any claims or defenses available under the Master Agreement, including whether the Master Agreement remains a binding agreement. G:\ENGITH 312\Colluty Agreemelll\87187 AGR CHANHASSEN TH 212 DESIGN BUILD.doc -I· CITY OF CHANHASSEN, MINNESOTA Mayor Date Attest: City Manager Date CITY OF CHASKA, MINNESOTA Mayor Date Attest: City Manager G:\ENG\TH 312\CIJllmy AgreerÅ“m\87187 AGR CHANHASSEN TH 212 DESIGN BUILD.doc COUNTY OF CARVER, MINNESOTA Chair, Board of Commissioners Date Attest: County Administrator Date - 2-