09-24-2018 Council Meeting Packet

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legally described and depicted in a series of exhibits, attached hereto and incorporated herein. Further, it is the purpose of this Joint Powers Agreement (“Agreement”) to provide for the planning, conveyance of property, construction, and costs necessary to complete the Project and provide for the ongoing operation and maintenance of the Project. II. VACATION OF ROAD / CONVEYANCE OF EASEMENTS The City agrees to vacate a portion of Sandpiper Drive, in accordance with Minnesota Statutes, Chapter 412.851 and City Charter, up to and including an existing cul-de-sac on Sandpiper Drive, which is adjacent to the improvements that will take place on West Shadow Lake Drive. The vacation of this portion of road would result in the reversion of the property to the County. The area of road to be vacated by the City is legally described in Exhibit A1 and depicted in Exhibit A2 , attached hereto. The County agrees to convey a Permanent Easement to the City for the Project to construct a cul-de-sac, as depicted in Exhibit B3. The cul-de-sac shall provide four (4) parking stalls (3 regular and one accessible) for public use in accessing the county park and regional trail. The City shall maintain the West Shadow Lake Drive cul-de-sac, including all parking stalls located at the end of the cul-de-sac for the park trailhead, as described in Section VII. below. The County shall also convey a temporary easement, for certain areas of county property that will be used by the City during its construction of the Project. The Permanent and Temporary Easement areas are legally described in Exhibits B1 and B2 and depicted in Exhibit B3, attached hereto. III. METHODS AND COST ALLOCATION a. Planning and Design The City shall provide for the planning, engineering, construction, and construction administration for the Project solely at the City’s expense. The City shall be responsible for all engineering and design services and will prepare plans and specifications for the Project in consultation with the County. b. Bidding / Construction The City shall do the calling for all bids and the accepting of all bid proposals, and shall cause the construction of the Project in conformance with the approved plans and specifications. After receipt of all necessary governmental approvals, the City shall cause the commencement of the Project's construction, shall keep the County informed of its progress, and shall manage the Project through to completion. c. Detour Route Since the construction of the Project will necessitate short-term, temporary closure of West Shadow Lake Drive, the City will provide a detour route as legally described in Exhibit C1 and depicted in Exhibit C2, attached hereto, to ensure public access to county park land and the regional trail adjacent to the Project.