Loading...
HomeMy WebLinkAbout15.C.3. Prior Lake Water Ski Association Use Agreement f /5t3 '.; . CITY OF SHAKOPEE MEMORANDUM To: Mayor and City Council Mark McNeill, City Administrator From: Mark Themig, Parks, Recreation, and Facilities Director Meeting Date: October 18, 2005 Subject: Prior Lake Water Ski Association Use Agreement INTRODUCTION City Council is asked to authorize a use agreement with the Prior Lake Water Ski Association for specified use of the Quarry Lake park to be acquired from Aggregate Industries. BACKGROUND AND DISCUSSION The City has been working with Aggregate Industries on a purchase of an approximately 111 acre reclaimed aggregate quarry in eastern Shakopee. As part of the conditions for sale at a reduced price, Aggregate is requiring the City to have an agreement with the Prior Lake Water Ski Association (PLWSA) for use of the water. We have been working with PLWSA for the past two years to develop a concept plan that allows for multiple complementary uses of the site. The use agreement with the Prior Lake Water Ski Association is attached (Attachment A). Essentially, the use agreement gives PLWSA exclusive rights to use most of the surface of the water from May 1- October 31. Other terms of the agreement include: . The agreement would be for a period of 25 years. . PLWSA commits to a 10-year term. However, if PLWSA fails to comply with its obligations, the agreement can be terminated after a 180-day cure period. . Funding Public Access Infrastructure . PLWSA will pay 50% of the total costs (up to $315,000) for establishing pedestrian and vehicular public access to the property, as identified in the September 24,2004 preliminary cost estimates. PLWSA's and the city will work to obtain additional funding for these improvements by seeking out other partners or users ofthe property. Funding from other users/partners will reduce PLWSA's commitment. . PLWSA and the city will work together in securing grants. For those successful grants that PLWSA authors, the proceeds will be shared 50/50. . If the city desires to move ahead with construction of the public access and PLWSA is unable to pay its portion of the access costs, the city would be required to enter into a repayment agreement with PLWSA, or fund the total costs. . The city retains sole and absolute discretion on any and all decisions relating to the timing, design, and method by which public access is constructed or provided to the property. . PLWSA will provide in-kind labor contributions toward the project, and fund all improvements directly related to its use of the property. . PLWSA will pay the city 10% of gross revenue from events at the property. . ,. . . PLWSA will change its name to the Shakopee-Prior Lake Waterski Association. . PLWSA will maintain most of the property until public access is created. Once public access is created, PLWSA will continue to assist with maintenance. . PLWSA will provide a 50% membership discount for Shakopee residents, and instructional programs for the general public. . PLWSA shall provide buoys to mark the designated use area. . PL WSA is provided exclusive motorize boat use of portions of the surface of the water from May 1-0ctober 31. The city shall have the ability to respond with motorized boats for any emergency, and for training purposes with two-week advance notice to PLWSA. Non-motorized boating is permitted outside of the exclusive use area, but the city isn't required to allow other non-motorized boat use. . PLWSA shall schedule special event use of the property through the city. . PLWSA can store equipment on the property. . The city shall review and approve any improvements to the property. . PLWSA shall provide required safety during events. . PL WSA use of the property under the terms of this agreement shall be protected. . The city will use best efforts, but is not obligated to make the improvements. . City has the right to use all portions of the property for public purpose, provided such use does not interfere with the rights being granted to PLWSA. . If the city no longer desires to own the property, the use agreement must be transferred to the new property owner. . If PLWSA defaults on the agreement, they shall have 180 days to remedy the situation. Parks and Recreation Advisory Board Review The Advisory Board reviewed the plan and recommended approval with three notations: 1. That a condition be included in the agreement that addresses "Acts of God". (A condition has been added, but needs to be reviewed by the City Attorney.) 2. The agreement allows emergency personnel the right to respond to emergencies at any time. (This condition is included in the agreement.) 3. That the Environmental Advisory Committee review the latest information on the Diesel. Range Organic contamination found on the site. (The EAC reviewed the DRO information at their October meeting and recommended proceeding with the purchase.) REQUESTED ACTION City Council is asked to authorize appropriate City officials to execute the use agreement with Prior Lake Water Ski Association for use of the Quarry Lake park area, contingent on final review and approval of the agreement by the City Attorney. . City of ShakoDee and Prior Lake Waterski Association Quarrv Lake USE AGREEMENT This Use Agreement is made this _ day of , 2005 by and between the Prior Lake Waterski Association (PLWSA), a Minnesota non-profit corporation, and The City of Shakopee, Minnesota, (City). RECITALS A. Aggregate Industries-North Central Region, Inc~ ("Aggregate Industries") owns approximately 128 acres ofland located at 6896 C. Rd. 101 E in the City. The City has entered into an agreement ("Purchase Agreement") with Aggregate Industries to acquire approximately 111 acres of that land. Exhibit A to this Use Agreement depicts the general location of the 133 acre tract of land. B. The 111 acres ("Property") includes a lake ("Lake") that is approximately 80 acres that is surrounded on the west, south and north by a strip of land approximately 200 feet wide and approximately 23 acres in size, and on the northwest by an approximate eight-acre parcel of land. The Property currently has no public access for either pedestrians or vehicles. Current access to the Property is via a private access easement between PL WSA and Aggregate Industries. C. PL WSA uses a portion of the Property pursuant to an agreement with Aggregate Industries. Aggregate Industries is willing to convey the 'Property to the City for a price that is approximately 15% of the Property's fair market value if the City allows PL WSA to continue using a portion of the Lake and other portions of the Property for PL WSA activities. D. In consideration of Aggregate Industries selling the Property to the City at approximately 15% of the Property's fair market value and in consideration ofPL WSA agreeing to make certain financial and other commitments to the City, the City is willing to enter into this Use Agreement. The purpose of this Use Agreement is to set forth the terms and conditions by which PL WSA can continue to use a portion of the Property in a manner that is consistent with PL WSA's current use of the Property but without unduly interfering with the City's right to use other portions of the Property for public purposes that promote the health, safety, and welfare of the general public and residents of the City. A concept plan ("Concept Plan") depicting possible future uses of the Property is attached to this Agreement as Exhibit C. E. PLWSA and the City desire to enter into this Use Agreement to set forth the general terms under which PL WSA will be able to use a portion of the surface of the Lake and other portions of the Property for the purpose of practice and instruction for Water-skiing, Wakeboarding, Wake-skating, and other similar towed water-sports, boat and watercraft storage, and for Water-ski Shows, special events and competitions for PL WSA members and their authorized guests. JIT 255332v3 SH155-149 1 . In consideration of the mutual covenants conditions and provisions in this Agreement, the City and PL WSA agree as follows. 1. RECITALS The Recitals are true and correct and are deemed to be part of this Agreement. 2. GRANT OF USE RIGHTS The City grants to PL WSA the right to use a portion of the surface of the Lake and other portions of the Property in accordance with the terms and conditions described below. 3. PLWSA's RIGHTS AND OBLIGATIONS A. General Property Use. Before public vehicular and pedestrian access has been established to the Property and other necessary permanent or temporary infrastructure improvements and public facilities have been completed, PL WSA may use the portion of the Lake surface described on Exhibit B to this Agreement for practice and instruction for water-skiing, wake boarding, wake-skating, and other similar towed water sports, and for waterski shows, clinics, special events, and tournaments competitions for PL WSA members and their authorized guests (non-public events). After public vehicular and pedestrian access has been established to the Property and other necessary permanent or temporary infrastructure improvements and public facilities have been completed, PL WSA may also use the portion of the Lake surface described on Exhibit B to this Agreement for Water-ski clinics, for Water-ski lessons, Water-ski Industry events, for amateur and professional Tournaments, and for other Water-ski related Special Events to which the public may be invited. During certain Tournaments, Ski shows, and Special Events, members of the public may be invited to attend and asked to pay an admission fee for seating in the designated areas on the south and west shores of the Lake. The City grants permission for PL WSA to charge admission, sell concessions, and to charge for and display temporary advertising banners approved by the City during Tournaments, Ski Shows, and Special Events. B. Property Access. PL WSA members and guests shall have the right to access the Property via public walkways, trails, and roadways in the same manner as the general public if such access is established. Until such time as public access to the Property is completed, PL WSA members and guests and members of the public shall access the Property only via the Access Easement described in section 5.1 of the Purchase Agreement. C. Exclusive Use of Lake Surface. The City grants PL WSA and its members the exclusive right to use the portion of the Lake surface depicted on Exhibit B to this Agreement from sunrise to sunset, May 1 - October 31 each year of this agreement. The access channel depicted on Exhibit B is intended solely to allow access for non-motorized watercraft to the non-PL WSA Area depicted on Exhibit B. This right includes the right to operate motorized and non- motorized boats on the Lake and the right to launch and operate such boats. This right also includes the right for persons to be towed behind motorized boats on the Lake at speeds lIT 255332v3 SH155-149 2 . consistent with water-ski and towed water sports competitions. Only PL WSA members and their authorized guests are allowed to use the waterski facilities. Use of Personal Watercraft and boat racing by PL WSA is not allowed on the Property. D. Non-Exclusive Use of Property Land. PLWSA members and guests shall have non- exclusive access to and use of the Property land owned by the City surrounding the lake on the Property. PL WSA shall have non-exclusive access to and use of the land on the west shore of the Lake for spectator seating for Ski Shows and special events. E. Non-Exclusive Use of Lake Surface. PL WSA will also have non-exclusive access to motorized use of the Lake from November 1 to April 30, primarily to perform necessary maintenance or to construct or maintain site improvements. F. PL WSA Equipment. Site Amenities. and Storage. City authorizes PL WSA to transport across, store, install and maintain on the portion of the Property delineated on Exhibit C two ski jumps, two slalom courses, wake-rebound mitigation materials, three docks, land storage for up to 15 boats, up to 15 in-water boat-lifts (with boats on them), two storage sheds, two judging stands, two video towers, one Show Team Truck, and a number of concession stands and portable toilets proportional to expected crowds, subject to City approval of the specific location of these items. After public access is completed, any PL WSA storage shall be screened. PL WSA may request approval for installation or construction of other items, including a membership building. The City shall review any such requests in good faith and in a timely manner, but approval of any such requests shall be at the City's sole and absolute discretion G. Bleachers and Spectator Seating. PL WSA shall be allowed to install temporary public viewing bleachers at its sole cost on the west shore of the lake for Ski Shows, Tournaments, and Special Events. Natural spectator seating will be allowed on the west and south shores of the Lake. R. Events. Admission Charges. and Scheduling. PL WSA shall have non-exclusive access to and use of the land on the south shore of the lake for spectator seating for special events. PL WSA shall schedule with the City in advance special events where PL WSA will use the south shore for spectator seating, or where PL WSA will host more than 75 people anywhere at the Property. PL WSA may, subject to City approval, delineate designated seating areas on the south and west shores of the Lake for purpose of charging admission fees for people attending ski shows, tournaments, or other waterski-related special events. Any bleachers installed by PL WSA must fully comply with all applicable federal, state, and local regulations. All other portions of the Property shall remain open to the general public during such events unless otherwise prohibited by the City. 1. Membership in Association Required. PL WSA will use reasonable efforts to ensure that all persons operating and being towed by motorized boats will be PL WSA members, or in the case of special events, will be PL WSA members or persons authorized by PL WSA. lIT 255332v3 SH155-149 3 . J. Rent. PL WSA shall not be required to pay any fee, rent or other charge to City for use of the Property, except as otherwise set forth in this Use Agreement. K. Funding Access Infrastructure. PL WSA will pay the City 50% of the total costs of establishing pedestrian and vehicular public access to the Property, as identified in the September 2004. preliminary cost estimate that is included in the Concept Plan, including a bridge or other crossing to the Property, a road on the property, and public parking lot, if any, up to a maximum limit of$315,000. PL WSA and the City intend to seek out other partners or users to assist in defraying the total costs of public improvements or amenities to the Property, including, but not limited to, trails, parking lots, and improvements needed to establish pedestrian and vehicular public access to the Property. The City expects that it will enter into separate agreements with future users of the Property. Examples of such potential users include a SCUBA Club, Amateur Riders Motorcycle Association, or Outdoor Heritage Education Center. PL WSA might enter into agreements with other partners to assist PL WSA with the financial contributions that it is required to make under this Agreement. Examples of such potential partners include Bituminous Roadways and Aggregate Industries. Any agreements between PL WSA and future partners must be approved in writing by the City. Any agreements between the City and future users will include a provision regarding what financial assistance they must provide towards the cost of the improvements needed to establish pedestrian and vehicular public access to the Property. The City will consult with PL WSA before agreeing on the amounts that future users of the Property must contribute towards establishing such access. The City agrees to exercise good faith in determining the appropriate amounts that future users must pay for that purpose and will base its decision on factors such as the proportion and degree to which future users will benefit by such public access and the amount that such users are contributing towards other public improvements. The amount that PL WSA is required to pay towards establishing pedestrian and vehicular public access to the Property under this Agreement will be reduced by the amount funded by the other such users or partners for such purpose. L. Grants. PL WSA and the City will work together to apply for grants from governmental agencies and foundations to pay for the cost of creating, constructing or establishing the public improvements or amenities that the City makes to the Property, including but not limited to trails, parking lots, and improvements needed to establish pedestrian and vehicular public access to.the Property. PLWSA has agreed to perform grant writing on behalf of the City. For those grants that PL WSA authors, fifty percent of the proceeds from those sources will be applied to offset the City's cost of establishing public access to the Property, and 50% ofthe proceeds will be applied to offset the amount that PL WSA is obligated to contribute M. Terms of Payment for Access Infrastructure. The amount owed by PL WSA pursuant to this provision is due and payable when, if ever, public access to the Property is established. If PL WSA is unable to pay its portion of the access costs at that time, the City will enter into a repayment agreement allowing PL WSA to pay the balance over the remaining term of this Agreement. Payments due under the repayment agreement will be due annually and interest lIT 255332v3 SH155-149 4 . \ on the unpaid principal amount shall accrue at an annual interest rate equal to the interest rate for special assessments that is in effect as of the date of the repayment agreement. If PL WSA becomes delinquent in payments due under the repayment agreement and fails to cure such deficiency in the manner set forth in this Agreement, the City may, but is not required to, terminate this Agreement or may assume full responsibility for the public access costs. Any such termination may not, however, become effective until ten years after the date of this Agreement or two years after public access to the Property is completed, whichever date is later. The purpose of this provision is to allow PL WSA time to generate funds from sources that will only become available after public access to the Property has been established. N. In-Kind Contributions. PL WSA will provide in-kind labor contributions toward future improvements to the Property that relate to PL WSA use of the Property, such as shoreline restoration, or relate to minimizing the impact of PL WSA use of the Property, including an annual clean-up and clean-up following special events and ski shows. O. PL WSA Improvements Needed for PL WSA Activities. PL WSA will fund, construct, and maintain all improvements to the waterski boat launch, and to improvements directly related its use of the Property. Such construction and maintenance must be approved in advance by the City and must comply with applicable ADA standards. PL WSA will retain ownership of all of its personal property utilized by PL WSA in its use of the Property. P. Revenue Sharing. PL WSA will pay the City 10% of all gross revenues from public admissions, concessions, and advertising from Ski Shows and special events held at the Property. Payment shall be made annually no later than October 31 st of each year. PL WSA will provide an annual accounting to the City by December 31 st of each year itemizing the gross revenues from such events. Q. Association Name. PLWSA will do business as "Shakopee- Prior Lake Waterski Association" or any similar name that uses "Shakopee" as the first word in the name. PL WSA will prominently display the name "Shakopee" in all of its events, promotions, and advertising materials. R. Maintenance of Property. PL WSA shall maintain the Property in the following manner until such time as public access to the Property is completed and the City has constructed public facilities or public trails on the Property 0 Mow and maintain land near the boat launch 0 Inspect, repair, and maintain existing fence on the City property 0 Maintain security gate on north road near Lake 0 Install and maintain "no trespassing" signs in specific and strategic locations on the property 0 Advise unauthorized persons to leave the property, advise police when necessary 0 Communicate with City Police and Firefighter leadership regarding PL WSA's activities on the Property 0 Maintain west shore boat launch in usable condition lIT 255332v3 SH155-149 5 , 0 Maintain north and west gravel roadways to current condition After Public Access is completed and the City has constructed public facilities or public trails on the Property, PLWSA shall maintain the portion of the Property where PLWSA's personal property or improvements are located, including but not limited to the buoys, ski jump, slalom ski buoys, waterski boat dock, and waterski boat storage areas. S. Buoys and Lake Markings. After public access to the Property has been established, PL WSA shall install and maintain the following buoys if requested by the City to do so: 0 Designating a non-motorized watercraft area and SCUBA area located in the northeast corner of the lake. 0 Creating a non-motorized watercraft navigation channel from a non-motorized boat launch on the northwest shore of the lake, along the north shore of the lake and to the designated non-motorize~ area in the north east corner of the lake. T. Association Memberships. PL WSA must offer PL WSA Regular Memberships to any Shakopee resident at a 50% discount to then current rate being offered to non-Shakopee residents. U. Lessons. Clinics. and Events. After public access to the Property has been established, PL WSA must offer each year at least three "Learn to ski" sessions designed specifically for Shakopee residents of all ages. PL WSA will charge, per participant, no more than the current per participant minimum fee required by USA Water-ski for liability insurance for such events. (The 2004 fee is $10 per non-member participant per event). After public access to the Property has been established, PL WSA must offer at least one youth "Ski Clinic" per season to Shakopee youth, designed especially for youth interested in learning to ski, learning to wakeboard, or increasing skiing or wakeboarding skills. PL WSA will charge, per participant, no more than the current per participant minimum fee required by USA Water-ski for liability insurance for such events. (The 2004 fee is $10 per non- member participant per event). After public access to the Property has been established and other necessary permanent or temporary infrastructure improvements and public facilities have been completed, PL WSA will stage at least five tournaments, Ski Shows, and/or special events annually to which the public will be invited between May I-October 31. PL WSA will market these tournaments/shows/events with the intention of increasing public attendance. V. Fishing. PL WSA may not use the Lake for fishing or any other purpose unrelated to the activities that PL WSA is allowed to undertake pursuant to this Agreement. W. Rules. Regulations: and Permits. PL WSA agrees with and covenants to City that PL WSA will obtain and comply with all governmental licenses and permits that are required for the use of the Property. The City will cooperate with PL WSA in gaining necessary governmental permits and approvals not under the City's jurisdiction. The City will process in good faith and in a timely manner all license and permit applications that are within the JJT 255332v3 SH155-149 6 . City's jurisdiction. Any future regulations adopted by the City relating to or affecting PL WSA use of the Property shall not be applicable to PL WSA to the extent that such regulations are inconsistent with the rights being granted to PL WSA under this Agreement. The City represents that there are no current City ordinances or other regulations that require City approval for the type of activity that PL WSA will be conducting pursuant to this Agreement. X. Safety. PL WSA shall operate and maintain such safety procedures as mandated by USA Waterski, which shall include, but not be limited to, the presence of at least one (1) certified water safety personnel trained in first aid and emergency procedures, and a safety boat on the water, during all times the Property is in use for Ski Shows, Ski Show Team practice, and during all Special Events. The safety boat shall be used only for the purpose of maintaining safety on the Property and shall not be used to tow skiers or for any other purpose. Y. Repair and Maintenance of Watercraft. Maintenance and repair of watercraft engines by PL WSA is not permitted, except in an emergency. Non-engine related watercraft maintenance is permitted only if performed in accordance with applicable federal, state, and local regulations. Z. Environmental. PL WSA is responsible for any water contamination, pollution, or other environmental impacts to the Property or Lake arising out of or related to PL WSA's use of the Property. 4. CITY RIGHTS AND OBLIGATIONS A. Use of Property. The City has the right to use all portions of the Property for whatever public purpose the City deems to be reasonable and appropriate, provided however that such use does not interfere with the rights being granted to PL WSA pursuant to this Agreement. B. Use of Lake Surface. Between May 1- October 31, the City will allow only the following motorized watercraft to use the Lake: (a) police, fire, and rescue boats or other watercraft in an emergency situation; (b) watercraft or boats used by public entities for training purposes, provided that PL WSA receives two weeks advance notice of such use. The City may, but is not required to, allow non-motorized boats to use the portion of the Lake that is not within PL WSA's exclusive use area during this time period. C. Signage. The City shall make a reasonable effort to post signs and communicate to the public the rules restricting boat usage only to PL WSA boats, to communicate to the public and enforce the rules prohibiting the public's use of watercraft. PL WSA agrees to police and enforce its own use of the Lake, including the members-only restrictions. D. Property Improvements. The City will use best efforts to fund, construct, and maintain public access to the Property including road, parking lot (if necessary) and adequate crossing over Prior Creek. Any such crossing will be adequate to handle car, truck, boat, trailer, and public traffic. City will use best efforts to fund, construct, and maintain Trails and Park improvements on the Property as described in the Concept Plan. JJT 255332v3 SH155-149 7 . E. Timeline of Improvements. The City retains the sole and absolute discretion on any and all decisions relating to the timing, design, and method by which public access is constructed or provided to the Property. PL WSA acknowledges that the City is under no obligation to fund or construct the public access or other improvements established in the Site Plan, even if PLWSA and the other partners/users are able to fund their portion of the public access costs. PL WSA understands and acknowledges that the City's current Capital Improvement Program does not include any funding for such purposes for the next five years. F. Maintenance of Property. The City will maintain the Property, subject to the maintenance obligations assumed by PL WSA pursuant to the agreement. G. Non-Motorized Boat Launch. The City will use good faith to establish a non-motorized boat launch area in the north or northwest portion of the Lake. Upon establishment of such a boat launch, the access channel depicted on Exhibit B will be reduced accordingly. PL WSA shall delineate the portion of the Lake that it is entitled to use by buoys or other appropriate markers. H. Acts of God. If a natural or man-made event occurs that makes the site unusable for the uses identified in this agreement, the City will work with the PL WSA to take corrective action to make the site usable again. However, the City retains the sole and absolute discretion on any and all decisions related to the usability of the site and timeline for action. 5. ENVIRONMENTAL PL WSA acknowledges that the Property was once an active aggregate quarry. Results of Phase I and Phase II Environmental Assessments performed by Bonestroo Rosene Anderlik and Associates, dated November 24, 2004 and January 20, 2005 respectively, identified certain environmental issues at the site. Copies of the Environmental Assessments have been provided to PL WSA. PL WSA acknowledges that use of the Property being granted in this agreement is. done so with full disclosure of environmental issues identified in the Environmental Assessment, and that the City shall have no responsibility for any effects that are a result of the use of the Property. The City retains the sole and absolute discretion on any and all decisions related to environmental cleanup. 6. TRANSFER/ASSIGNMENT PL WSA may not assign, transfer, or convey its rights or obligations granted under this Use Agreement. 7. SALE OF PROPERTY If City chooses to sell, donate, abandon, or otherwise dispose of the Property prior to the JJT 255332v3 SH155-149 8 . termination of this Use Agreement, the City warrants it will advise the transferee of the existence of this Agreement and that PLWSA's rights and obligations shall continue pursuant to the terms of this Agreement. 8. TERM The term of this Use Agreement shall commence on January 1, 2006 and continue until December 31~ 2031, unless sooner terminated by PLWSA, by mutual agreement of both parties, or by City. 9. TERMINATION The City may terminate this Use Agreement at anytime if PL WSA fails to comply with any of its obligations set forth in Paragraph 5 of this Agreement, provided that the City gives written notice to PL WSA setting forth the basis for PL WSA' s default. PL WSA shall have 180 days to cure any such default and if the default is not cured within 180 days this Use Agreement terminates immediately upon the expiration of that 180-day period. PL WSA may not terminate this Use Agreement during the first ten years without the written consent of the City. Thereafter, PL WSA may terminate this Use Agreement for any reason by providing the City with written notice at least one year before the effective date of termination. Any such termination shall be irrevocable. Upon termination, PL WSA shall execute a cancellation of Use Agreement in recordable form extinguishing their interest in the Property. PL WSA will remove at its own expense its personal property from the Property, and shall have the right to remove and retain all waterski related personal property, including, but not limited to, bleachers, ski-jumps, slalom courses, docks, boat lifts, concession stands, storage sheds, buoys, etc. 10. DEFAULT If PL WSA violates any term of this Use Agreement, City agrees to notify PLWSA in writing. PL WSA shall have 180 days from the notification to cure the violation. If the violation is not cured within 180 days, this Use Agreement shall automatically terminate. PL WSA shall immediately 'vacate the Property and leave the Property in its original condition, ordinary wear and tear excepted. PLWSA will remove its personal property from the Property, and shall have the right to remove and retain all water-ski related improvements to the Property, including, but not limited to, bleachers, ski-jumps, slalom courses, docks, boat lifts, concession stands, storage sheds, buoys, etc. 11. INSURANCE PL WSA shall maintain, at its sole expense, Comprehensive General Public Liability Insurance covering the legal liability of PL WSA, its members and its, guests against claims for bodily injury, death or property damage occurring on, in or about the Property for a limit of at least One Million Dollars ($1,000,000.00). City shall be listed as an additional loss payee under the policy. PLWSA agree to increase the amount of such insurance if requested by the City to do so lIT 255332v3 SH155-149 9 , and if such increased insurance is commercially and generally available to USA Waterski member clubs. 12. INDEMNIFICATION PL WSA agrees to indemnify, defend and hold the City, its directors, officers, employees, agents, contractors, sub-contractors, licensees, invitees, successors and assigns (collectively referred to in this Paragraph as "City"), harmless from any and all losses, liabilities, claims actions and damages related to property or injury to persons on or about the Property, arising out of the activities of PL WSA, its members, and its invitees, including, but not limited to, the activities, actions and omissions related to skiing, water craft operation, observing skiing, including preparations for skiing and all other activities and omissions that occur on the water and Property. PL WSA AND ITS MEMBERS ACKNOWLEDGE THE INHERENT DANGER AND RISK OF DEATH OR INJURY INVOLVED IN WATER SKIING AND RELATED ACTIVITIES AND ASSUME SAID RISKS. This provision shall survive the expiration or termination of this Use Agreement. Prior to allowing any of its members, their authorized guests, or any other person or entity to use the waterski facilities, PL WSA must obtain a signed waiver, in a form approved by the City, releasing and holding the City harmless from any claims arising out of their use of the waterski facilities, except for any claims arising out of any alleged intentional act or willful misconduct by the City or its agents. City agrees to indemnify, defend and hold PL WSA, its directors, officers, members, employees, agents, contractors, sub-contractors, licensees, invitees, successors and assigns (collectively referred to in this Paragraph as "PL WSA"), harmless from any and all losses, liabilities, claims actions and damages related to property or injury to persons on or about the Property, arising out of the activities of the City in this or other agreements. This provision shall survive the expiration or early termination ofthis Use Agreement. 13. NOTICES Any written notices herein shall be deemed to have been duly given and effective: (i) on the date of delivery, if delivered personally; (ii) on the earlier of the third business day after mailing or the date of the return receipt acknowledgement, if mailed by first class mail, postage prepaid, by certified or registered mail, return receipt requested; (iii) on the date of transmission, if sent by facsimile; or (iv) on the day after delivery to Federal Express or similar overnight courier or the express mail service maintained by the United States Postal Service. Notice shall be made to the address set forth herein or to such other address, as PL WSA shall furnish to the City in writing in accordance with this paragraph. If to PL WSA Prior Lake Water Ski Association Brad Beneke, President P.O. Box 151, Prior Lake, MN 55372 Ph: 612-747-4444 lIT 255332v3 SH155-149 10 with a copy to: Pete Plunkett Attorney at Law 107 W. Oakland Ave. Austin, MN 55912 Ph: 507-437-2845 Fax: 507-437-8376 If to City : Mark Themig Mark McNeill, City Administrator 129 South Holmes Street Shakopee, MN 55379 Ph: 952-233-9300 Fax:952-233-3 80 1 with a copy to: James J. Thomson Kennedy & Graven 470 U. S. Bank Plaza 200 South Sixth Street Minneapolis, Minnesota 55402 Ph: 612 337-9300 Fx: 612-337-9310 14. MISCELLEANEOUS A. This Agreement has been made underthe laws of the State of Minnesota, and such laws will control its interpretation. B. PL WSA and the City represent that they each have the requisite authority to execute and deliver this Agreement. C. This Agreement constitutes the complete agreement between the City and PL WSA and supersedes any prior oral or written agreements between the parties. There are no verbal agreements that change this Agreement and no waiver of any of its terms will be effective unless in writing and executed by the parties. This Agreement may be amended only by written agreement approved by the City Council and by PL WSA. D. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. E. PL WSA shall not discriminate in any manner with respect to membership in PL WSA and shall comply with all applicable local, state, and federal ADA requirements. F. This Agreement binds and benefits the parties and their successors and assigns. lIT 255332v3 SH155-149 11 Prior Lake Waterski Association, City of Shakopee A Minnesota Nonprofit Corporation By: By: Its: President John J. Schmitt, Mayor By: Mark McNeill, City Administrator By: Judith Cox, City Clerk lIT 255332v3 SH155-149 12 EXHIBIT "A" LOCATION OF PROPERTY JJT-255332vl0 SH155-149 EXHIBIT "B" MAP DELINEATING PORTION OF THE LAKE THAT PLWSA WILL BE USING EXHIBIT B '" area on the Lake, but inside tl", ,dIo boundaries, marks a non..nlotorized boat e.. channel that the City mar decide to .tabU.I,. Thi. cham",1 i. meant to be no than 10 fret "ide, and juxtaposed to .hore or floating boardwalk a. INTRODUCTION The ultimate goal of this phase of the Quarry second entry feature will be at the intersection Reuse Project was to develop a preferred con- ofthe proposed pedestrian bridge and the 35 Quarry Lake, a 74 acre groundwater-fed water cept plan that maximizes the potential of this space parking area, while the third entry feature body surrounded by approximately 50 acres of unique water resource and surrounding lands for will welcome visitors entering from the south shore-land and upland has been identified as multiple complementary uses. Preliminary cost end pedestrian trail crossing Highway 169. a valuable resource for the City of Shakopee. estimates for the proposed improvements, along These entry elements will each communicate a Tucked between Highways 101 and 169, this with a matrix of potential funding sources, were distinct message associated with the unique uses former limestone quarrying operation is now a also developed. and history of the site as well as orient incoming prime area for multiple recreational uses and visitors. educational opportunities. Aggregate Industries will maintain ongoing heavy industrial opera- PROGRAM ELEMENTS OHMlATV tions on approximately 20 acres in the northeast corner of the site, but has offered to transfer The Quarry Lake Park Program Elements are Adjacent to the main entry, visitors will be to the City, through sale and charitable contri- designed to work together incorporating mul- greeted by a grassy lawn with vegetation and bution, ownership of approximately 105 acres, tiple functions and user groups. As a result of low rolling hills. This ground will be a training incl~ding the lake, the shoreline, and portions of numerous partnerships, Quarry Lake will serve field for beginner Off Highway Motorcycle the~pland areas. as a unique facility for a wide range of area (OHM) and All Terrain Vehicle (ATV) riders. 1_ events and activities. The Amateur Riders Motorcycle Association ,Marly local partners have come together to (ARMCA) will use this approximately one acre transform this unique resource into an attractive ENTRY portion of the site as a safe place to educate mul.g-use recreational and educational destina- children on how to ride their vehicles respon- tiOrl,i}Vhile prioritizing environmental steward- The main vehicular entry for the park is pro- sibly and understand the environmental issues shiB~}Quarry Lake Committee members include posed in the northwest corner of the property, and impacts associated with their activity. the Chy of Shakopee, Aggregate Industries, the with two alternatives shown, depending on Outdoor Heritage Education Center (OHEe), access from the property to the west. Access in A beginner level motorized trail loop will the Prior Lake Water Ski Association (PLWSA), the northwest corner will strengthen the arrival extend along the northern edge of the park. the Prior Lake-Spring Lake Watershed District, experience for park users arriving by roadway. A buffer of existing vegetation will separate the Lower Minnesota River Watershed District, It will orient them to the park layout by bring- the OHM! ATV riders from the pedestrian trail Xcel Energy, the Minnesota Department of ing them through the more structured portion of near the lake shore. A shared trail (motorized Natural Resources (Trails and Waterways and the park, including the Outdoor Heritage Educa- and non-motorized) will begin southwest of Fisheries and Wildlife Divisions), and the Ama- tion Center (OHEe), before introducing them the OHEC building and extend to the Xcel teur Riders Motorcycle Association (ARMCA). to the expanse of the lake and parklands Energy property where a soft surface trail will Each of these committee members represents beyond. Three entry features will be placed begin and meander along the existing wooded different potential user groups and/or interests on the site. The first will be at the main vehicu- areas. A schedule will be created and main- in the site. lar entrance and will integrate a large shovel tained through the City's Park and Recreation bucket from Aggregate Industries, recalling the Department to designate motorized riding times cultural/industrial evolution ofthe park. The and encourage a safe environment. PARKING A Multi-Purpose Archery Training Facility/ wind directions. One course will be angled to Hides for Habitat structure will be used for avoid conflict with uses near OHEC and the Located between the training field and the indoor archery training and leagues as well as surrounding pier. A ski jump for practice and OHEC building, an approximately 200 space storage of OHEC equipment and vehicles such shows will be located more centrally in the lake. parking lot will accommodate many uses and as the Touch of the Wild Traveling Museum. events including OHM! ATV riders, OHEC vis- The building will also provide space for Hides Grassy hillsides on the west and south portions itors, SCUBA enthusiasts, PLWSA water ski for Habitat activities during parts of the year. of the lake will be preserved for spectators shows, and general public use. Bus drop-off and Essentially a cold storage building, it will be and picnicking. PL WSA may enhance spectator turn around areas have been incorporated into placed along the north edge of the property with viewing on these grassy slope with bleachers. the parking lot design to accommodate large a connecting driveway from the parking area. Because of the steep vertical limestone walls groups of visitors. The parking area is proposed of the quarry pit, floating breakwaters will be to include rain water gardens for on-site filtra- EDUCATIONAL located on two areas of the water surface to tion and utilize permeable materials. A water reduce the wave rebound action resulting from quality pond will be placed west ofthe parking OHEC seeks to increase the public's under- water-ski activity. lot for additional water quality management standing, appreciation, and sense of stewardship before the water is ultimately discharged into for the environment. To this end, educational On lake boat storage willbe located just north the Prior Lake Outlet Channel (Prior Creek). nodes will be placed at selected locations ofthe existing boat launch for participating These measures will significantly reduce the around the lake highlighting the mining history PLWSA members. This'location will keep amount of runoff and pollutants flowing into and current environmental issues associated boats from traveling near leisurely fisherman on Quarry Lake and help maintain its water quality. with the park. These nodes will also tell the the piers and boardwalks. On land boat storage story of the collaborative partnerships that made will be accommodated in a fenced storage area OHEC Quarry Lake possible. Each node will have adjacent to the OHEC building for easy access, seating and an interpretive activity or custom higher visibility, and security. OHEC has proposed an approximately 30,000 signage to educate the visitor. square foot building single story building to In addition, a 35 space parking area will be accommodate its various program needs and WATERSKIING provided for daily water-ski users and smaller educational activities. To accommodate overall spectator groups as well as the general public. public needs in the park, the Master Plan calls Along the west shore, the Prior Lake Water A pedestrian bridge has been proposed near this for a public restroom facility with a separate Ski Association (PLWSA) has inspired a few location to connect a non-motorized trail on the exterior entrance to be located in the southwest of the park features such as a dock for west side of Prior Creek as well as to support comer ofthe OHEC building. A patio on the water ski shows and practice in conjunction traffic from the designated overflow event park- lake side of the building will overlook the lake, with a concession stand/event office. The exist- ing area. trail, and fishing piers. OHEC has incorporated ing boat launch will be upgraded to accom- a Kouba Koffee Shop that will be shared among modate PL WSA members who utilize the lake multiple user groups and events. Seating and during daylight hours. Two competition slalom vegetation will serve as a compliment to this courses will remain on the lake oriented in scenic dwelling for outdoor classrooms and directions that consider southern and western leisurely viewing. . FISHING lined with native plantings, tree cover, and pro- vide attractive views of the park. These native A floating boardwalk and fishing pier on the plantings will include emergent and shoreline lakeside of the building will not only be avail- vegetation for erosion control. Overstory and able for public use but also be an important understory plantings will also provide a vegeta- feature for OHEC's special events such as their tive buffer between the existing batch plant and youth fishing days. The MnDNR Fisheries and the site. Other amenities, such as seating nodes Wildlife urban fishing program has proposed and picnic areas will also be placed along the stocking the lake as a trout fishery and plans trail at scenic locations. to monitor the success of this stocking. Quarry Lake has great potential to become a public Two future trail connections are proposed fishing destination, as there are only three lakes within the park. The City of Shakopee green- in the west Metro offering trout fishing. way plan along Prior Creek would use Quarry Lake Park as a vital connector of a north and SCUBA south trail. A pedestrian bridge over Highway 169 will join existing residential neighborhoods The pier will also serve as an entry point for ice to the park. The park trail will then make fishing in the winter season as well as SCUBA a future connection at the northwest end of training and recreation. Aggregate Industries the property providing access to the Minnesota has offeredto create an underwater SCUBA Wildlife Refuge and Valley Trail. park~by sinking a retired electric shovel to the bottom of the northeast portion of the lake, The many partners and programmed elements where another gated access off the boardwalk involved in Quarry Lake Park will provide an is possible. The City of Shakopee plans to exciting and a unique recreational attraction utilize the SCUBA park for training of local and within Shakopee. The educational opportunities area law enforcement rescue personnel. The will also play an important role in teaching the PLWSAhas offered to place floating buoys at next generation how to be stewards and partners the northeast corner of the lake to signify the for the preservation and enhancement of our separation of activities on and within the water. environment. TRAILS, AMENITIES, AND P LANTINGS The boardwalk will extend along the northeast shoreline to provide ample space along the area of prime fishing water. A paved non-motorized trail will connect to both ends of the boardwalk. This trail will meander around the lake and be Quarry Lake Park Master Plan Preliminary Cost Estimate SEPTEMBER 2004 77.04.106 liTEM I QUANTITY I UNIT I UNIT COST I EXTENSION I POTENTIAL FUNDING PROGRAMS I Infrastructure FEDERAL RECREATIONAL TRAIL PROGRAM Bituminous roads 6700 SY $20 $134000 DNR OUTDOOR RECREATION GRANT Bituminous 35 vehicle oarkina 1300 SY $20 $26000 IN KIND CONTRIBUTIONS Bridae - vehicular 2560 SF $150 $384 000 Electrical panel parkina, & sheKer 1 LS $40 000 $40 000 Water Service 1 800 LF $20 $36 000 Water Qualitv Pond 1 EA $10,000 $10,000 I SUBTOTAL I $630,000 I Trails DNR OUTDOOR RECREATION GRANT Bituminous trails 8000 SY $15 $120000 FEDERAL RECREATIONAL TRAIL PROGRAM, TEA21 Soft surface trail - 5 foot wide -Motorized 1300 SY $3 $3 900 DNR FISHING PIER GRANT PROGRAM Soft surface trail - 8 foot wide -Xcel Shared use 3700 SY $5 $16650 ALL TERRAIN VEHICLES GRANTS IN AID Wood boardwalks/ fishino piers 15500 SF $20 $310000 LOCAL TRAIL CONNECTIONS PROGRAM Bridoes - pedestrian (prefab) 12 foot wide 960 SF $130 $124800 XCEL ENERGY; TREAD LIGHTLY Outlook structure 1 EA :poo,ooo :PoO,OOO IN KIND CONTRIBUTIONS I SUBTOTAL I $625,350 I Outdoor Heritage Education Center (OHEC) Archerv facilitv/Hides for Habitat Storaae 21000 SF $25 $525 000 Education Center 1 LS $3,650 000 $3650,000 Bituminous 200 vehicle parkino 8300 SY $20 $166000 Concrete pavement patio 5,000 SF $7 $35 000 Interactive leamina stations 5 EA $7 000 $35 000 Interpretive sionaoe 10 EA $1 500 $15000 Rainwater aardens 16500 SF $12 $198000 Electrical service 1 LS $60 000 $60,000 Sanitary sewer 6" + 2 manholes 600 LF $23 $13800 Water main 6" + wet tap to main 600 LF $25 $15,000 I SUBTOTAL I $4,712,800 I PLWSA AWSA Bituminous boat storaae 925 SY $20 $18,500 USA WATER SKI Boat Storaoe Fencino 250 LF $35 $8 750 WATER SKI INDUSTRY Boat Launch Uoarade 1 LS $10 000 $10 000 IN KIND CONTRIBUTIONS Breakwaters 600 LF $100 $60,000 Concession Stand/Event Office/Storaoe 1600 SF $100 $160000 Dock- 10 foot wide wood boardwalk 600 SF $20 $12,000 I SUBTOTAL I $269,250 I Plantinas XCELENERGY Shoreline/Emeraent Veaetation 4AC $2 000 $8 000 FIVE-STAR RESTORATION MATCHING GRANT Trees 75 EA $400 $30,000 DNR ENVIRONMENTAL & CONSERVATION PARTNERS Trainino Field - seed 1 AC $5 000 $6 000 DNR SHORELAND IMPROVEMENT GRANT Upland Seedino 20 AC $4,000 $80,000 NFWS GENERAL MATCHING GRANTS IN KIND CONTRIBUTIONS I SUBTOTAL I $124,000 Other Amenities XCEL ENERGY FOUNDATION Entrv sions 3 EA $12000 $36 000 AMERICAN HONDA Bike racks 2 EA $400 $800 DNR OUTDOOR RECREATION GRANT Drinkino fountains 2 EA $5 000 $10 000 WALMART Grills 4EA $800 $3,200 AGGREGATE IND.-DONATED BUCKET & SHOVEL Picnic shelters 2 EA $40,000 $80 000 IN KIND CONTRIBUTIONS Picnic tables 15 EA $2 200 $33 000 Pre-fabricated benches 15 EA $1500 $22 500 Secur~v Fencina 3 200 LF 35 $112000 Trash receotacles 8EA $500 $4,000 I SUBTOTAL I $301,500 I TOTAL I $6,662,900 I 1 CONTINGENCY 10%1 $666,290 I DESIGN, ADMINISTRATION, TESTING 10%1 $732,919 I LAND ACQUISITION I $250,000 I TOTAL PROJECT COST I $8,312,109 OHEC $5,702,488 PLWSA $325,793 CITY/OTHER' $2,283,829 .Some costs would be shared with user groups. . Funding Sources ;;:iiilllie,nts Pro' clT"" e. '.,""'..,,, "I~g~~;;[i;<;i;;;;, :i,,;'i;";:;:',;;; ",",'Je:,J:i'; ,;i;';i;l';';':.i:;';i 1111~~ ",' c IJeill!;"i. ;'i,;~.;.iii'i iJ';i ;;;; :Si;:;:;'i',;;" "ii" ,Vi"" ''''>''i:;!?' i'';i:iiii;,;i';'. it,,; li~"'Ji'ii";,,, ""J&; ',i1',l;i);"',;",,,);,,";; ; ,ili,,;)J (, ~J;1!.:iii 'ii','; ,>,li,:'?':;J"ii" i'& ,,;il!1 ;!;~;; 1'Y ii'~ 11Il~j,,; ;;i", ,. ''''J.i)i;;; i,i ;;;i;');:Xii!.'i~["'i;'" ;,A Vi ",i,,;, ;::' z:J,>, ;,ii" "i iA;;;,;;,&';'!!,J,;' To encourage maintenance, development and acquisition of public, locally controlled all- 30-Nov Up to 65% or First priority is given to the maintenance of existing facilities that support significant public use and multiple use. Second priolftl ,_ .. '. terrain vehicle trails-and areas. Up10 65% of total eligible cost:s for trail and facility 90% of project is given to improvements of existing facilities. Third priority is given to the creation of new facilities. Also, these funds may be ~_: Ail-Terrain Vehicle Grants-IIl.Ald (A"N- x x MN DNR x development, acquisition. adminIstration, and malNrrgs. Trail grooming, maintenance and costs used to match the National Recreation Trail Fund Program. GIA) inSlJrance costs are cost shared upto 90% of total eligible com (maximum grant amount 1 for insurance costs is $1 ,350). Dedicated to improving the human condition of all mankind,innovative and creative Every 3 months 10,00Q..1OO,OOO National organizations working in the area of youth and scientific education -~~ American Honda Foundation x Honda x programs that propose untried methods which ultimately may result in providing solutions _ to the complex cultural, educational, scientific, and social concerns currently faang the 2 . To assist funding boat and water safety programs carried out through the county sheriffs Contact County Upto 100% Funds may be used by the county for patrol; search and rescue; buoying; removal of hazards to navigation; boat ;lnd water County Boat& Water Safety Grant x MN DNR x departments in the state and to ultimately reduce death, injuries and property damage on Sheriffs Dept eligible sa~ edu.c~lon, inspection of watercraft for rent, lealie, or hire; watercraft and water accident investigation: and recovery of state waters. drowning VictIms. 3 To encourage the en~a~ce":,ent offish, wildlife, a~d nat~e ~ant habitats: re~arch and i~~.fti,.'-~',',',,"'~,~,~.,..,_f*.',,~,~'.;,',',~.,i,500'000 over 2 50% of total com Habitat Enhance.ment ~rojec:ts i~c1ude: restora~iori of native ?Iant co~munities; reforestation; prote~on ofwetla~d~ and surveys offish and WIldlife directly related to specific habitat Improvement FIOjec1s; and to i4ifuVtf-lt1;t!%-i;1fyears abatement of soli erosIon. Plantlngs must conSIst only of nalive species. Research/Survey projects Include: monilonng encourage environmental projects and related education activities through cooperation ;:r;,s'lli.~th?:1Jt'~1j environmental indicators and rellearching methods to conserve or enhance fish, wildlife and native plant habitat. These Environmental & Conserva.tion Partners x x MN D x by p~ate organizations and local governments. In~udes Nat~ral Resources ~n.v..ntories. ~,~,>,{,~,',.",~,;,l.;,~",;,",~,,~j,$:,t~,',i,1,8,,~,.,',;".,',~ research/survey projects must be directly related to a specific habitat fmprovement projecf. Environmental Service projects G;';~t - NR x Habitat Enhancement and ResearchfSurvey categones for a WIde array of activities ~r~J?1'~%0.f:'i%~ inClude: clean up of natural areas such as streams,lakes and wetlands, and developing educational exhibits that Higher priority to Improve existing natural area orlntegr.lte educational ~i?$J;:t~",*~,~~%-~\;,~ demonstrate enVironmental consCllVatlon prlnclplCls. Other creative project ideas that meet the program purpose above ::::nent. Include letters of support from local cOnservation groups and/or no"" ilI1~li: :~~~~i=~:;'~~~~~~~ aan~~I~~~~:~e~.CUrriCUlum development; construction of trails, buildings, and boardwalks; project '" To encourage the maintenance and development of motorized, non-motorized, and 2S-F~b' 5,000-100,000 50% cash match Bigible Projects: Motorized and non-motorized trail projects; maintenance/restoration of existing recreational trails; :-:ffi; F d I diversified trails by providing funding assistance. developmentf rehabilitation of recreational trail linkages Including trail side and trail head facilities; environmental Federal Recreational Trail Program H~:: T The Minnesota Recreational Trail Users Association annually prioritizes funding awareness and ufety education programs relating to the use of recreational trails; and redesign/relocation of trails to x x F:J:,d ay rust x categories prior to the ~Iicitation process., Projects th~t invol~e urban ~outh ~rps . ben~filIminim~ze the impact to the nat.u.ral.environ~ent. Ineligible PfOj~cts: cond~mnation, trail constructio~ in federally. workers such as the Minnesota Conservation Corps Will be given speCIal conSIderation. deSIgnated WIlderness areas, and faCilitating motonzed trail use on trads predominantly used by non motonzed users prior to May 1, 1991. I,,;? DClvelopment and Installation of ftshlng piers. Also, the program provides forthe J 100% Projects are selected based on ranlring the criterion which include but are not limited to the following: public fishing demand, 1_<>::- ~::9~i:~;rant Program x MN DNR x x ~:::o=n~~~~::::p~::~~~:~~~~,s~:e:~~~:r~::;~~::~:orms. ~:~~~~~~:l~~~ :e"::ha :~:~~n:r:~~~:n:~:;,~~of~~ ~~::d~t:~l ~~~v:~:~:~~i~: i;:~Uatkm of the 9 accesslble parking space and on-golng maintenance. 6 The Five-Star Program provides modest financial assistance on a competitive basis to $5,l)()O.$20,ooo Projects must involve diverse partnerships of ideally five organizations that contribute funding, land, technical assistance, . . support community-based wetland, riparian, and coastal habitat restoration projects workforce support, andlor other in-kind services. Preference will be given to projects that:1. Are part of a larger watershed or rs,,:: Five-Star Restoration Matching Grant x x x Natlo.nal Fish & x x that build diverse partnerships and foster local natural resource stewardship community stewardship effort; 2. Include specific provisions for long-term management, monitoring, and protection; and 3. [':: Wldhfe through education, outreach and training activities. In 2003, 56 projects received grants Demonstrate the value of innovative, collaborative approaches to restoring the nation's waters. of on average $10,000 out of approx 240 applications. The Foundation mstElrs cooperative partnerships to conserve fish, wildlife, plants and the 2:1 Address priority actions promoting fish and wildlife conservation and the habitats on which they depend; work ,j_ General Matching Grants Program x x x :~~i~:1 Fish & x x habitats on which they depel'ld. ::~~,,:IY to Involve other conselVatlon and community Interests; leverage available fUnding; and evaluate project 6' I::>: J $35,000 Programs that work to manage resources..whether of ecological, economic or aesthetic valueHlre most effective when a If'- L J or !mpleme~ ~o~. in rural.. areas to undertake consensus-based activities broad range of community members and stakeholders are Involved In both Planning and implementation of the Laura Jane Musser Fund x x x Mau:Or S:uend x x ~i::~~i~::ee~~~v:~~:g=i~::~~~~:o h:~:-:.na::=~:::~Ch to stewardship can help to develop a common 9 Helps local governments manage surface water, groundwater, and related sources. lJune 10.July' Upto $60,000 Developwater management plans Local Water Management Challenge x MN BWSR JC ~~~~~t~O::;'~i~~:~I~~~=~~:Oi~:ti:dn~~=~~:~~~s~ocallevel-based on Grant ,. To encourage maintenance, development. and al:qulsltlon of publlc,locally 3O-Nov Up to 65% or 35% or 10% of total Off-highwaY motorcycle GIA project administration, trail development. maintenance, improvemems. and acquisition. First Off Highway Motor~cle Grant~n-Aid x x MN DNR x ~~~~:l~~ :'~~::~o=~~:u~:I:n~::~:~~~:n~oa:~:~~~~I. ~~:~~ro~:~g, :~sOf project com ~~~~~:~~not: :~~:i:~:~~ ;~i;:~~~:I:~:~~\:p::ti~~n~~~~ :::~:eS::~~:d~~o~~:~~en to 11 maintenance, and inSlJrance costs are cost shared IIp to 90% of total eligible costs projects thatllddress a scarcity of off-highway motorcycle opportunities. Park acquisition andlor development/redevelopment including, among others, Internal Spring 2005 50% of project 50% of total costs Project proposals must include at least one eligible primary outdoor recreation facility and have a total project cost of at least F:;:; , park trails, picniC shelters, playgrounds, athletic fa~i1ities,boat accesses, ftshlng piers, costs $10,000. Land proposed for development andlor redevelopment must be owned by the applicant or be part of an acquisition I:-f}- Outdoor Recreation Grant x MN DNR x x x swimming beaches and campgrounds. project. Significant progress must be completed on active projects before an additional proposal can be submitted. 12 k>/ Typically forpla_ntlngs of native vegetation along the shoreline of lakes, rivel'$and 3:1 (DNR:Partner) Project types vary, and may include efforts that: establish buffer zones along lakes and rivers, improve the supply or I:;';;': streams. Requires a 26 foot wI"- ar..a to H IrnIIlntaJned In buffer. Restore shoreline techniques for Installing native aquatic plants for restoration, develop educational materialsfforums to promote buffer i;__,:; on high quality high profile river or lake. Internal competitive fisheries grant for specific zones and native aquatic plants, measure the effects of riparian buffer strips on water and habitat quality. measure the effects improvements to the angling environment. These dollars, about $10,000, could be of riparian buffer strips on water and habitaf quality Shoreland Improvement Grant x x x MN DNR x allocated as budgetary and priority dictate. Cost share would be helpful. These dollars are only available through an internal process. Some funding from the Fishing In the Neighborhood Program about $5000.00 Cost share would be helpful. These dollars are only available through an internal process. Provision of facilities for pedestrians and bicycles 131-0ec $500,000 20% Agree to operate and maintain facilities forthe u$efullife of the project, request at least $50,000 in federal funds, and Transportation Enhancement Fund x MN DOT x ~~cts for demonstrate the project has a substantial relationship with the transportation system. ,. To foster responsible, long term human interaction with the natural environment 2nd Friday in $5,000 and up Unity Ave Foundation x x x ~~~~d~~~n x x Jan -- 15 We believe it is our responsibility to join and support the collective efforts to protect and Contact Local Variable Variable Involving youth and partnering with local schools to promote environmental education and natural resource projects. Wal-mart x x x Wal-Mart x x x preserve our natural resources. One great way is by encouraging the youth in our Wal-Mart 16' communities to take action utilizing the Wal-Mart Environmental Grants. _ Supports nonprofit environmental initiatives, that can gain additional benefit from 5 Feb 7 $250,000 ( Must be a 501 c(3). Important to promote environmental stewardship and awarene~ throughout the communities in which experience $)(pertise and other resources, associated with utility operations. May 6 $10,000 Xcel operates ,_ Development, preservation or improvement of parks, trail systems and recreational Aug average) -;_ Xcel Energy Foundation " Xcel Energy x x x x x areas. Programs thai engage students and other volunteers and programs that demonstrate maximum public benefit. Projects that seek to improve environmental quality, inclUding air and water, in the communities in which we operate facilities. 17 ~};~ ~tN .,,~, "'~ >~.,i";q ~.:'- . . . c ,'_T'-~; ~11'-'"'''''''' ~,.... . ...- ~ .-,--._.. . .