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
£.
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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
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CITY OF CHANHASSEN, MINNESOTA
Mayor
Date
Attest:
City Manager
Date
CITY OF CHASKA, MINNESOTA
Mayor
Date
Attest:
City Manager
G:\ENG\TH 312\CIJllmy Agreerœm\87187 AGR CHANHASSEN TH 212 DESIGN BUILD.doc
COUNTY OF CARVER, MINNESOTA
Chair, Board of Commissioners
Date
Attest:
County Administrator
Date
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