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95-82 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: Auaust 14. 1995 RESOLUTION NO: 95-82 -- MOTION BY: De¢ken(iorf SECONDED BY: Berauist A RESOLUTION AUTHORIZING ALLOCATION OF EXTRAORDINARY COSTS OF CONSTRUCTION OR SITE IMPROVEMENTS FOR THE ELEMENTARY SCHOOL AT HIGHWAY 5 AND GALPIN BOULEVARD WHEREAS, the City of Chanhassen and Independent School District No. 1 12 have entered into a Joint Powers Agreement and a Development Agreement for the joint improvement of property located on the southeast corner of the intersection of Highway 5 and Galpin Boulevard in the City of Chanhassen; and WHEREAS, the Joint Powers Agreement and the Development Agreement provide for the joint construction of an elementary school owned by the School District and community recreational facifities owned by the City; and WHEREAS, the agreements between the City and the School District provide for sharing of costs associated with the site improvements and the construction of the buildings; and WHEREAS, the agreements do not specifically address the sharing or allocation of additional costs that may be incurred and associated with the project that may result from architect interpretation of the construction contract or arbitration awards or mediation or arbitration settlements as the result of disputes; and WHEREAS, it is in the best interest of both the City and the School District that the agreements include provisions addressing all aspects of the joint endeavor of the City and the School District in the subject project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen: Upon resolution or other agreement of the School Board of Independent School District No. 112, additional costs of the joint elementary school/community recreation facifity project that relate to site improvements or construction of the bu#dings and are the result of architect interpretations, arbitration awards, mediation or arbitration settlements and other similar dispute resolutions, shall be allocated between the parties on the same basis as the site improvements and construction costs are allocated in the existing agreements between the parties relating to this project. Passed and adopted by the Chanhassen City Council this 14th day of August 1995. ATTEST: Don Ashworth, City Clerk/Manager YES NO ABSENT Chmiel Senn Berquist Dockendorf None Mason