D-4. Approve Termination of Joint Agreement with the City of Shorewood for the Operation and Maintenance of Cathcart Park - 0
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MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM: Todd Hoffinan, Park&Recreation Director
DATE: October 23, 2017
SUBJ: Approve Termination of Joint Agreement between the City of Chanhassen and the
City of Shorewood regarding Cathcart Park
PROPOSED MOTION:
"The Chanhassen City Council approves the termination of the 1993 agreement between the
City of Chanhassen and Shorewood regarding the operation and maintenance of Cathcart Park."
Approval requires a two-thirds vote of the City Council.
BACKGROUND
In 1993, the cities of Chanhassen and Shorewood entered into an agreement (see attachment)
specifying that the City of Chanhassen would be responsible for maintenance of all park
greenery, including grass mowing and maintenance as well as the installation and maintenance of
landscaping as planned at its sole discretion.
DISCUSSION
Cathcart Park is owned by the City of Shorewood, but is located in Chanhassen just across the
street from Shorewood. Prior to 1993, the City of Shorewood performed all maintenance and
capital improvements at the park. In the early 1990s, Shorewood lobbied the City of Chanhassen
to assume maintenance responsibilities at the park. In 1993, an agreement was made delegating
those duties to Chanhassen. The City of Shorewood has notified us that they would like to
terminate that agreement and again assume 100%responsibility for maintenance and capital
improvements at Cathcart Park.
ATTACHMENTS
1. Agreement dated June of 1993.
2. Termination Agreement.
g:\park\th\cathcart park\cathcart park agreement ter nination.docx
PH 952.227.1100• www.ci.chanhassen.mn.us• FX 952.227.1110
7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317
JOINT AGREEMENT BETWEEN THE CITY OF CHANHASSEN
AND THE CITY OF SHOREWOOD IN REGARD TO THE
OPERATION AND MAINTENANCE OF CATHCART PARK
WHEREAS, the property known as Cathcart Park, Lot 5, Schmidt's
Acre Tracts/Chanhassen, (the Park) is subject to a deed restriction
requiring it be used as a park; and
WHEREAS, the Park is owned by the City of Shorewood but is
located in and serves residents of the City of Chanhassen; and
WHEREAS, the Cities of Chanhassen and Shorewood wish to
maintain Cathcart as a quality neighborhood park:
THEREFORE the Cities of Chanhassen and Shorewood hereby agree
to the following:
Both municipalities shall treat Cathcart as their own
municipal park in the matter of assessments for improvements.
Neither City will specially assess the other for public
improvements.
The City of Shorewood will improve the park in accordance with
its Capital Improvement Program as it evolves over the years,
coordinate programming for the use of facilities; and maintain
all equipment, facilities, and buildings.
The City of Chanhassen will be responsible for maintenance of
all park greenery including grass mowing and maintenance, and
install and maintain landscaping (trees, and shrubs) as planned
at its sole discretion.
The planned parking lot will be constructed by the City of
Shorewood. Parking lot maintenance including, patching,
sealcoating, and overlaying will be the responsibility of the
City of Shorewood.
Tis agreement ha be in effect upon approval on execution.
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ity o hanhassen, MayorCity of Shdrewood, Acting-Mayor
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Chanhassen Cit Manager Shy ewood City Administrator
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Date: 7- 67-93
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TERMINATION OF JOINT AGREEMENT
BETWEEN THE CITY OF CHANHASSEN
AND THE CITY OF SHOREWOOD
THIS AGREEMENT dated , 2017 by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation ("Chanhassen"), and the CITY OF
SHOREWOOD, a Minnesota municipal corporation ("Shorewood".)
1. Background. In 1993, Chanhassen and Shorewood entered into an agreement for
the operation and maintenance of Cathcart Park ("Agreement").
2. Termination. The Agreement is hereby terminated effective immediately and
neither party shall have further responsibility or liability to the other relating to Cathcart Park.
CITY OF CHANHASSEN
BY:
Denny Laufenburger, Mayor
AND:
Todd Gerhardt, City Manager
CITY OF SHOREWOOD
BY:
Scott Zerby, Mayor
AND:
Sandie Thone, City Clerk
194538v1
STATE OF MINNESOTA )
(ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of
, 2017, by Denny Laufenburger, Mayor, and by Todd Gerhardt, City Manager, of
the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and
pursuant to the authority granted by its City Council.
NOTARY PUBLIC
STATE OF MINNESOTA )
(ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
, 2017, by Scott Zerby, Mayor, and by Sandie Thone, City Clerk, of the City of
Shorewood, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the
authority granted by its City Council.
NOTARY PUBLIC
DRAFTED BY:
CAMPBELL KNUTSON,P.A.
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: (651)452-5000
[RNK]
194538v1