07-014
CITY OF SHOREWOOD
RESOLUTION NO. 07- 014
RESOLUTION APPROVING AND AUTHORIZING EXECUTION
OF A COOPERATIVE AGREEMENT
BETWEEN THE CITY OF SHOREWOOD AND CARVER COUNTY
FOR P ARTICIP A TION IN THE OFF LEASH DOG AREA
WITHIN MINNEW ASHT A REGIONAL PARK
WHEREAS, the City of Shorewood and the County of Carver have identified the need
for an Off Leash Dog Area in or near the City of Shorewood; and
WHEREAS, the City and County wish to execute a new Cooperative Agreement in
order to outline financial responsibilities and obligations of each organization, and is attached
hereto as "Exhibit A."
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Shore wood
that a Cooperative Agreement for the Off Leash Dog Area at Minnewashta Regional Park is
hereby approved, and that the Mayor and City Administrator be authorized and directed to sign
the Agreement on behalf of the City.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this lih
day of February, 2007.
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ATTEST:
Christine Lizee, Mayor
Agreement between the City of Shorewood and Carver County
F or an Off Leash Dog Area at
Lake Minnewashta Regional Park
The County of Carver and the City of Shorewood agree to partner on the funding
and development of an off leash dog area ("space") at Lake Minnewashta Regional Park.
The City of Shorewood ("partner") agrees to provide partial funding for an off-leash dog
area. Carver County agrees to provide the land, ongoing operations, maintenance, and
partial funding for the space.
A. Services to be Provided As Per Attached Exhibits Carver County agrees to construct
the space consistent with the approved Lake Minnewashta Regional Park Master Plan and
the Lake Minnewashta Dog Park Development Concept B (Exhibit A).
1. Operation of the off-leash dog area shall be consistent with established County
Park Ordinance.
A. The partner and Carver County agree to contribute to this project as
follows:
i.) Carver County's List of Deliverables:
Carver County will provide the fencing, trail development, parking lot, signage,
grading of clay and topsoil, seeding of graded areas, removal of existing garage,
removal of asphalt road material, general site clean up, potable water & dog wash
area as funding allows.
Upon consultation with the Partner, Carver County reserves the right to adjust the
above list of deliverables if funding is insufficient to cover costs related to the
development of the space.
ii.)Financial and other Contributions:
The parties are committed to financial contributions up to the following:
City of Shorewood - $10,000.00;
Carver County Parks - $5000.00 + land, in-kind services, on-going operations,
maintenance and project management.
iii.)Ownership and Space:
The space is a part of Lake Minnewashta Regional Park and is owned by Carver
County. Nothing in this agreement shall be construed to transfer ownership or
property rights from Carver County. Materials and equipment purchased for the
space shall become property of Carver County. Carver County will exercise
reasonable care and provide repair maintenance and replacement consistent with
other park facilities and grounds.
iv.) Promotion and Use
The City of Shorewood is hereby authorized to promote use of the subject Off
Leash Dog Area at Minnewashta Regional Park, by Shorewood residents, via the
City of Shore wood's newsletters, periodicals, web page and other forms of media.
v.)Maintenance and Operations:
Carver County will provide ongoing maintenance and operations of the space
including a minimum of one (1) portable restroom, routine grounds care and
upkeep, regular trash/waste collection, repairs and equipment replacement.
vi.) Recognition of Partnership
Carver County will provide a sign for the off leash dog area at Lake Minnewashta
Regional Park which acknowledges that the funding for the project came from a
partnership between: City of Shorewood, The Shorewood Parks Foundation, and
Carver County.
2. Reimbursement/Payment
Carver County will provide funds for materials and services to be purchased for
the off leash dog area upfront. Carver County will submit a copy of the invoice,
and warrant number as proof of expense and payment to the Partner. Billing of the
project will not exceed the stated funding amount. Payments by the Partner shall
be made within 30 days of the billing invoice date from Carver County.
Example of Reimbursable Expenses:
. Contractual services: tub grinding, plumbing, fence installation;
. Material costs: fencing, water line, hydrant, aggregate for parking lot and ADA
trail, wheel stops, culverts, signage, waste containers, and benches;
. Equipment rental: bulldozer, tree grinder.
Examples of in-kind services provided by Carver County:
. Staff time, use of owned equipment, items which can be fabricated in house
(signage), surveying work done by Carver County public works.
3. Default/Termination
i) If any of the parties fail to perform any of the provisions of this Agreement or so
fail to administer the work as to endanger the performance of the Agreement, this
shall constitute default. Unless the Partner default is excused, Carver County may
upon written notice immediately cancel this Agreement and project in its entirety.
ii) This agreement shall remain in effect until February 12,2017.
This Agreement may be cancelled with or without cause by either pmiy upon forty-five
(45) days written notice. Upon such cancellation, costs for the project will be detelmined
and shared propOliionately based on the agreed to funding commitment remaining.
4. i.) Proiect Completion ofImprovements
Carver County Parks will make reasonable efforts to complete this project by
December 31, 2007.
ii.) Failure to Complete
In the event Carver County Parks does not complete the subject improvements by
July 1, 2008, Carver County Parks shall reimburse the City of Shorewood in the
full amount of the donation made by the City of Shorewood; or provide an
amended agreement mutually acceptable to each part of this agreement for a new
completion date.
5. Indemnification/Hold Harmless
The Partner agrees to indemnify and hold hmmless Carver County, its employees
and officers from any and all liability, loss, costs, damages and expenses including
but not limited to property damage and personal injury which arise in connection
with any negligent acts or omissions of Partner's employees. "The Partner's duty to
indemnify and hold harmless is subject to the limitations and immunities in
Minnesota Statutes chapter 466 which are not waived". The County agrees to
indemnify and hold harmless the Partner, their employees, officers and agents from
any and all liability , loss, costs, damages and expenses including but not limited to
property damage and personal injury which arise in connection with County's
performance of this Contract or in connection with any negligent acts or omissions
of County employees.
It is understood and agreed that the entire agreement between the parties is
contained herein m1d that this Agreement supersedes all oral agreements and
negotiations between the parties relating to the subject matter. All items refened to
in this Agreement are incorporated or attached and are deemed to be part of this
Agreement.
Performance
Carver County operates Lake Minnewashta Regional Park under a conditional use
permit issued by the City of Chanhassen. The conditional use permit states that the
development of the park is to be consistent with the approved park master plan.
This master plan guides the development of the park. The off-leash dog area is a
part of the approved master plan.
Carver County agrees to operate the off-leash dog area at Lake Milmewashta
Regional Park for a minimum period of six years. It is the intent of the County to
operate an off-leash dog area in the park for an indefinite period of time beyond six
years.
Operations of the off-leash dog area may include the temporary closing of the
facility for purposes of general park maintenance, public safety, public health or
other operational issues such as non compliance with rules or park ordinance.
Permanent closing of the facility would be contemplated for safety and health
reasons that could not be resolved.
Carver County will have the improvements to the property of the off-leash dog area
insured. In the event that damage occurs to the improvements, replacement or repair
of damaged items would occur.
6. Non Discrimination
During the performance of this Agreement, the Parties agree to the following: "No
person shall, on the grounds of race, color, religion, age, sex, disability, marital
status, public assistance status, criminal record, creed or national origin be excluded
from :full employment rights in, participation in, be denied the benefits of or be
otherwise subjected to discrimination under any and all applicable Federal and State
laws against discrimination."
7. Amendments
Any alteration, modification, or variation of this Agreement shall be reduced to
writing as an amendment and signed by the parties.
An authorized person from the Partner having signed this Agreement, and the
Carver County Board of Commissioners having duly approved this Agreement on
the _ day of , 2007, and pursuant to such approval and the proper County
officials having signed this Agreement, the parties hereto agree to be bound by the
provisions herein set forth.
APPROVED AS TO FORM
CARVER COUNTY
Assistant County Attomey
Chair, Carver County Board
Date:
Date:
CITY OF SHOREWOOD
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Mayor, Shorewood City Council
ADMINISTRA TION
County Administrator
Date:
DIVISION DIRECTOR
Date:
COUNTY ENGINEER
Date:
Lake Minllewashta Regional Park
Dog Park.. Concept "B"
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o :;0 00 120 180 240
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Scale: 1" "60'
I Exhibit A