HomeMy WebLinkAbout15.A.2. Parks Capital Improvement Program Projects
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CITY OF SHAKOPEE
MEMORANDUM
To: Mayor and City Council
Mark McNeill, City Administrator
From: Mark Themig, Parks, Recreation & Facilities Director
Meeting Date: December 21, 2004
Subject: Parks Capital Improvement Program Update
INTRODUCTION
This agenda item is intended to provide City Council with an update on the more
significant park projects that are part of the parks capital improvement program. In
addition, several of the items have specific action items for Council consideration:
aa. Quarry Reuse Project Use Agreement with the Prior Lake Water Ski Association
-Review use agreement. Consider authorizing execution of agreement.
bb. Quarry Reuse Project Purchase Agreement
-Review property purchase agreement. Consider authorizing execution of purchase.
cc. 17th Avenue Sports Complex Building Design and Cost Estimates
-Review design and cost estimates. Consider authorizing final design and bid
documents.
dd. Huber Park Construction Phasing Plan and Updated Cost Estimates
-Review proposed phasing plan and updated cost estimates. Consider phasing plan
and potential cost reductions.
ee. Shutrop Property Acquisition Funding
-Review funding plan for acquisition of property. Consider directing staff to finalize
terms and develop specific agreements.
ff. Capital Improvement Program Update
-Review updated parks capital improvement program. Provide direction regarding
project priorities and funding.
. Minnesota Funding Sources
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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,
All-Terrain Vehicle Grants-in-Aid terrain vehicle trails and areas. Up to 65% of total eligible costs for trail and facility 90% of project priority Is given to improvements of existing facilities. Third priority is given to the creation of new facilities. Also, these funds
MN DNR development, acquisition, administration, and mailings. Trail grooming, maintenance costs may be used to match the National Recreation Trail Fund Program.
(AT\I-GIA) and insurance costs are cost shared up to 90% of total eligible costs (maximum grant
x x x amount for insurance costs is $1,350).
Dedicated to improving the human condition of all mankind,innovatlve and creative Every 3 months 10,000-100,000 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
facing the American SOCiety.
Program focus Is primarily on building strong communities and improving the built NA Variable Must be a 501 c(3). Organization located in communities where Andersen Corp operates.
Andersen Corporation Andersen Corp environment. Emphasis is on nurturing healthy, vital communities by supporting a wide
x x x x x variety of non-profits, including health and human services, civic, education, racreation,
veterans, arts, shelter and environmental organizations
To encourage the development or improvement of marina sanitation facilities for , Up to 75% of Development or improvement of sanitation facilities for boaters (includes both pump-outs and dump-outs). Priority is given to
Clean Vessel Act Grant MN DNR boaters In order to maintain and Improve water quality In public waters. project costs areas where there are inadequate pump-out facilities and where there are significant potential users.
grant 10,000
x x x x X
" To assist funding boat and water safety programs carried out through the county Upto 100% Funds may be used by the county for patrol; search and rescue; buoying; removal of hazards to navigation; boat and water
County Boat & Water Safety Grant MN DNR sheriffs departments In the state and to ultimately reduce death, Injuries and property eligible' safety education, Inspection of watercraft for rent, lease, or hire; watercraft and water accident Investigation; and recovery of
x x damage on state waters. drowning victims.
To encourage the maintenance and development of cross, country ski trails. Cost 30-May Upto 65% or Cross-country ski trail development, maintenance, winter grooming, and trail administration. First priority Is given to the
Cross Country Ski Trail Grants-in-Aid MN DNR sharing up to 65% of total eligible costs. Winter trail grooming is cost shared up to 90% 90% of project maintenance of existing Grants-in-Aid (GIA) trails. Second priority is given to, projects which link population centers,
" of total eligible costs. costs recreation and service facilities. Third priority is given to the development of new trail systems or significant additions to
x x x existing systems.
To Improve the safety and condition of publicly owned dams and water level control 25,000- Dam reconstruction, repair, and removal. Priority Is given to: 1. The Improvement of important or hazardous dams
Dam Safety Grant MN DNR structures. Reimbursement of costs, up to 50% for repairs, up to 100% for removals. 1,000,000 2. The removal of abandoned and nonfunctional dams.
x x Grants have ranged from $25,000 to $1,000,000.
To encourage the development, restoration and maintenance of deer habitat. In forested 100% total In forested areas, recent priorities have focused on ,management of winter cover, food sources, and maintenance of forest
areas, recent priorities have focused on management of winter cover, food sources, and eligible Costs openings on publiC lands. In agricultural areas, priority Is given to establishment of food plots near important deer
Deer,Management Program MN DNR maintenance of forest openings on public lands..ln agricultural areas, priority Is given to concentration areas. In the northern, forested area of the state, funds are available for development, restoration, and
x x x x x establishment of food plots near important deer concentration areas. maintenance of suitable deer habitat on 'public and private lands, I.e., management of winter cover, openings, and browse
areas. In agricultural areas, private landowners are eligible for cost-sharing the development and maintenance of food plots.
To encourage the enhancement of fish, wildlife, and native plant habitats; research and 1-Aug-03 Up to 50% of 50% of total costs Habitat Enhancementprojects Include: restoration of native plant communities; reforestation; protection of wetlands; and
surveys of fish and wildlife directly related to specific habitat improvement projects; and project costs, abatement of soil erosion. Plantlngs, must consist only of native species. Research/Survey projects include: monitoring
to encourage environmental projects and related education activities through grant20000 environmental indicators and researching methods to conserve or enhance fish, wildlife and native plant habitat. These
Environmental & Conservation Partners x cooperation by privata organizations and local governments. Includes Natural research/survey projects must be directly related to a specific habitat improvement project. Environmental Service projects
x MN DNR x x Resources Inventories, Habitat Enhancement and Research/Survey categories for a include: clean up of natural areas such as streams, lakes and wetlands, and developing educational exhibits that
Grant wide array of activities demonstrate environmental conservation principles. Other creative project ideas that meet the program purpose above are
encouraged.. Ineligible activities Include: curriculum development; construction of trails, buildings, and boardwalks; project
. administration, overhead, and indirect costs.
To reduce the adverse affects ,of Eurasian Watermilfoil on recreational opportunities in Varies Projects that manage Eurasian Watermilfoilln common use areas of lakes and projects that contro.! the spread of Eurasian
Minnesota lakes and to slow the spread of the exotic to other lakes. Watermilfoil fragments In public boataccess areas. Projects adjacent to private riparian property that primarily enhances the
, recreational opportunities of privete riparian owners will not be reimbursed. Also, assessment of potential interference by
Eurasian Watermilfoil Management MN DNR milfoil with use of the lake maybe eligible for reimbursement. Lakes with less than 51 littoral acres are eligible to receive up
I to $700. Lakes with 51 to 100 littoral acres are eligible to receive up to $1,200. Lakes with more than 100 littoral acres are:
eligible to receive up to $1,200 plus $7:00 for each littoral acre in addition to the first 100.
x x x x
To encourage the maintenance and development of motorized, non-motorized, and 28-Feb 5,000-100,000 50% cash match Eligible Projects: Motorized and non-motorized trail projects; maintenance/restoration of existing recreational trails;
diversified trails by providing funding assistance. development! rehabilitation of recreational trail linkages Including trail side and trail headfacilitles; environmental awareness
Federal The Minnesota Recreational Trail Users Association annually prioritizes funding and safety education programs relating to the use, of recreational trails; and redesign/relocation of trails to benefit/minimize
Federal Recreational Trail Program Highway Trust categories prior to the solicitation process. Projects that involve urban youth corps the Impact to the natural environment. 'Ineligible Projects: condemnation, trail construction in federally designated
Fund workers such as the Minnesota Conservation Corps will be given special consideration. wilderness areas, and facilitating motorized trail use on trails predominantly used by non motorized users prior to May 1 ,
1991.
x x x
, Development and installation of fishing piers. Also, the program provides for the Upto 100% Projects are selected based on ranking the criterion which include but are not limited to the following: public fishing demand,
Fishing Pier Grant Program MN DNR development or improvement of shore fishing sites or shore fishing platforms. Local eligible & accessibllity,locatlon, gamefish pres~nt, and project sponsor donation. Up to 100% of development and installation of the
m units of govemment provide public land, accessible sidewalk/path, accessible parking ". 25,000 grant for fishing pierlshoreland site with a maximum grant amount of $25,000 for a traditionalDNR floating fishing pier;
x x x space and on-going maintenance. DNR pier
The Five-Star Program provides modest financial assistance on a competitive basis to 38412 $5,000-$20,000 Projects must involve diverse partnerships of ideally five organizations that contribute funding, land; technical assistance,
Five-Star Restoration Matching Grant x National Fish & x x support community-based wetland, riparian, and coastal habitat restoration projects that workforce support, and/or other in-kind services: Preference will be given to projects that:1. Ate part of a larger watershed 0
x x Wildlife build diverse partnerships and ,foster local natural resource stewardship through community stewardship effort; 2. Include specific provisions for long-term management; monitoring, and protection; and 3.
education, outreach and training activities. In 2003, 56 projects received grants of on Demonstrate the value of innovative; collaborative approaches to restoring the nation's waters.
" To provide technical and financial assistance to local governmental units for conducting Up to 50% Flood damage reduction studies for planning and Implementing structural and non-structural measures including: acquiSition
Flood Hazard Mitigation Grant MN DNR , flood damage reduction studies and for planning and implementing flood damage project costs, of structures in the flood plain, relocations, flood-proofing, development of flood waming systems, public education, flood
raduction measures, max 150,000 plain restorations, dams,dikes, levees; flood bypass channels, flood storage structures, water level control structures and '.
, x x x x x x other related activities
Minnesota Funding Sources
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To provide technical advice and long range planning to interested landOwners. All first come first Private forest landowners including corporations Whose stocks are not publicly traded and own between 20.5000 acres of
aspects of the program are voluntary. Plans are designed to meet landowner goals served land. Private landowners Who own more than 1000 acres must apply for a waiver). At least 10 acres of the land must have or
Forest Stewardship x x MN DNR x x x x x While maintaining the sustainability of the land. The entire property except active will have trees.
farming areas are covered by the plan.
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To encourage maintenance, development, and acquisition of public, locally controlled 30-Nov Up to 65% or Four-Wheel Drive Vehicle GIA project administration, trail development, maintenance, improvements, and acquisition. First
four-Wheel drive vehicle trails and areas. Up to 65% of total eligible costs for trail and 90% of project priority is given to the maintenance of eXisting facilities that support significant public use. Second priority Is given to
Four Wheel Drive Vehicle Grants-in-Aid MN DNR facility development, acquisition, adminIstration, and mailings. Trail grooming, costs improvement of existing facilities. Third priority is given to the creation of new facilities.
maintenance, and insurance costs are cost shared up to 90% of total eligible costs
x x x (maximum grant amount for insurance costs is $1350).
National Fish & The Foundation fosters cooperative partnerships to conserve fish, wildlife, plants and 17 -Sept Pre $10,000- 2:1 Address priOrity actions promoting fish and wildlife conservation and the habitats on which they depend; work proactlvely to
General Matching Grants Program x x x Wildlife x x the habitats on which they depend. Proposal 29 $15,000 involve other conservation and community Interests; leverage available funding; and evaluate project outcomes
Oct Full
To encourage local outdoors clubs to complete wildlife habitat projects on State Wildlife 10-0ct-03 100% total State- or nation-wide wildlife habitat conservation organizations that have 2 or more local or regional chapters, or local,
Heritage Enhancement Grants MN DNR Management Areas. eligible costs nonprofit outdoor recreation oriented clubs that are unaffiliated with state or national organizations and that list wildlife
habitat Conservation as a primary focus of their organization's by-laws. All work must be done on State Wildlife Management
x x Areas.
lAP is looking for projects that foster connections between communities and individuals, The foundation provides funding for a variety of interest areas. The quality, innovation, thoughtfulness and effectiveness of a
Irwin Andrew Porter Foundation x lAP Foundation x x x create partnerships with multiple organizations that enable beneficiaries to give as well project are of more importance than the specific Interest area. That said, areas of interest for lAP are the arts, education, .
as receive. environment, and social programs.
Community playgrounds Project 15,000, recruit 15 parent and staff volunteers, recruit 50-100 parent and community volunteers
KaBOOM playground project x x x KaBOOM x Manager, Tools
This program fosters roadside, community and environmental enhancements along
eligible state highway rights of way by providing communities with technical delivery,
financial and training assistance to Install and maintain landscape plantlngs. This Is a .
public involvement program that seeks to expand the network of responsibility, pride
Landscape Partnerships MN DOT and ownership of highway landscaping While Improving cost-effectiveness, customer
satisfaction and long term maintenance to protect the landscape Investments. Typically,
Man/DOT covers the cost of landscape materials and community volunteers install and
maintain the plantings In accordance with a cooperative agreement.
x x
Laura Jane The Laura Jane Musser Fund proposes to assist publiC or not-for-profit entities to 38231 Up to $35,000 Programs that work to manage resources-whether of ecological, economic or aesthetic values-are most effective When a
Laura Jane Musser Fund x x x Musser Fund x x initiate or Implement projects In rural areas to undertake consensus-based activities In broad range of community members and stakeholders are involved In both planning and Implementation of the program.
environmental stewardship or dispute resolution. Moreover, involving local citizens In a hands-on grass-roots approach to stewardship can help to develop a common vision
To promote relatively short trail connections between Where people live and desirable Land acquisition and trail development. Projects must result in a trail linkage that Is immediately available for use by the
locations, not to develop significant new trails. Priority Is given to projects with general public. Local/area support must be demonstrated. Acquisition of trail right-of-way Is eligible only When proposed In
Local Trail Connections MN DNR residential connections to state and regional facilities. A secondary purpose of the conjunction with trail development. Lands purchased with thIs fund require a perpetual easement for recreational trail
program Is to develop linkages to existing trail segments. purposes and a twenty-year maintenance commitment by the project sponsor. Projects Inside state park boundaries and
x x x state trail corridors and elements of the Regional Open Space System in the Twin Cities Metro System are not eligible.
Local Water Management Challenge
Grant
No Description. Petition to Lower Minnesota Watershed District for funding to stabilize Board Meetings
Lower MN Watershed District - Petition x LMWD x riverbank.
Our goal for open space is to protect and restore and expanding network of natural Oct 15, Jan 15,
areas and urban green spaces While accomodatlng growth in the Twin Cities region. April 15, July 15
Mcknight Foundation x x Mcknight x Encourage cross-sector and crOSS-discipline partnerships to achieve this goal.
Protect, connect, restore and manage a regional network of natural areas, parks and 2-Sep-03 case by case Funds are available for both land restoration and acquisition project. Potential sites must have high overall ecological
other open spaces Interconnected by ecological corridors in the seven county restoration significance, involve Willing landowners, be supported by interested parties (nearby residents, local community, elected
Metro Greenways Planning Grant MN DNR metropolitan region through collaborative publiC/private partnership. 15-Sep-03 officials, etc.) and not exceed the funding limits of the program.
x x x x x x x protection
To assist Minnesota communities with planting and caring for their trees, to Increase 15,000 50% of total costs Purchase and planting of predominantly native trees to conserve energy, benefit wildlife, and establish community
energy conservation, to reduce atmospheric carbon dioxide, and to achieve other windbreaks; actions to preserve and maintain healthy community forests; educational programs in conjunction with these
Minnesota ReLeaf x x MN DNR x x environmental benefits. activities; and conducting tree Inventories for land use and comprehensive planning.
Rural land with existing tree cover and woody vegetation or land suitable for growing Up to 65% of Private forest landowners that own from 20 - 1,000 acres of qualifying land and have an approved Forest Stewardship Plan.
such vegetation that is privately owned by an individual, group, corporation, or other project costs,
MN Forestry Association-LCMR x x MN DNR x x x x x legal private entity. Exemptions may be granted for holdings up to 5,000 acres. max grant
Sustainable WOOdlands Activities Include development of a forest stewardship plan, tree planting, and land 10,000
stabilization.
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To preserve, protect, develop and where possible restore or enhance coastal resources 100,000 max 50% match Eligible projects include those that preserve or restore specific areas as designated in Minnesota's Coastal Program
along Minnesota's North Shore of Lake Superior. because of their conservation, recreatlonal,ecological or aesthetic values, redevelopment of deteriorating underutilized
MN DNR urban waterfronts, public access to beaches and other coastal areas, land and easement purchases, low cost construction of
MN Lake Superiofs Coastal Program paths, fences, parks, rehabilitation of historic buildings and structures, shoreline stabilization, engineering plans, education
and interpretation. Projects must be located within the Lake Superior Coastal Program Boundary;
x x x x x x
Approximately $1.2 million is available in March 2004 through December 2005 for 3D-Sep-04 40% Short proposals no longer than 4 pages in length, excluding the title page, budget, literature cited section and resume(s), are
wildlife conservation projects in Minnesota through a newly established State Wildlife being solicited for projects that meet the purpose of this new program. All projects require a DNR liaison.
MN State Wildlife Grants Program x' x x MN DNR x x Grants (SWG) program. This Is a reimbursement program and requires a 40 % match.
The purpose of this program is to assist species with the greatestconservatio~ need.
Applications for scenic byway funds are solicited annually by the National Scenic
Byways Program of the Federal Highway Administration in January of the year
preceding the fiscal year for which the funds will be available. Applications are due in
late February. Minnesota has successfully competed for about $600,000 in each year of
the program. These funds are matched by local project dollars and uncounted hours of
National Scenic Byways Program NSBP volunteer effort. Examples of recent successful scenic byway projects include: . A
tourism marketing plan and project on the Lake Country Scenic Byway, . Renovation of
a scenic overtook across the Mississippi River from historic Fort Snelling in Saint Paul, .
An upgrade of the visitor interpretation and wayfinding facilities on the Grand Rounds
Scenic Byway, and, Eight Corridor Management Plans which will provide guidance for
future scenic byway projects.
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To, protect native prairie through the purchase of conservation easements, that allows 65% of the The proposed easement must be covered by native prairie vegetation; never have been plowed, and have less than 10%
the land to remain in private ownership. Program pays 65% of the Reinvest in (RIM) tree cover. Easements are either permanent or for a minimum of 20 years and may allow for selected agricultural practices
Native Prairie Bank Program x x MN DNR x x Minnesota (RIM) Permanent Marginal Agricultural Land payment rate, which Is roughly such as mowing of wild hay.
equal to 58.5% of the average estimated market value of crop land.
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,,' To conserve native prairie by providing property tax exemptions on eligible native Exempt from There are approximately 500 landowners and 12,000 acres enrolled in this program statewide.
i; Native Prairie Tax Exemption x x MN DNR x x prairie lands. property taxes
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~ c, To increase, protect and enhance natural and scenic areas. App 1-Jan-04 500,000 50% of total project Eligible projects include fee title acquisition and permanent easement acquisition. Minimal betterment activities are eligible
Grant 31-Mar-04 costs as part of the proposed acquisition project and include interpretive, educational or boundary signing and protective. fencing.
Natural & Scenic Area Grant x MN DNR x Project proposals must have a total project cost of at least $10,000.
Natural Resources Block Grant MN Water &
^" Soil Resources
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To encourage maintenance, development, and, acquisitIon of public,locally controlled 3D-Nov Upto 65% or Off-highway motorcycle GIA project administration, trail development, maintenance, improvements, and acquisition. First
off-highway motorcycle trails and areas. Up to 65% of total eligible costs for trail and 90% of project priority Is given to the maintenance of existing facilities that support significant public use. Second priority is given to
facility development, acquisition, administration, and ml!i1ings. Trail grooming, costs improvements of existing facilities. Third priority is given to the creation of new facilities. Special consideration Is given to
Off Highway Motorcycle Grants-in-Aid MNDNR maintenance, and insurance costs are cost shared up to 90% of total eligible costs projects that address a scarcity of off-highway motorcycle opportunities.
(maximum grant amount for insurance cost is $1,350).
x x x ,
Park acquisition and/or deve!opment/redevelopment including, among others, intemal Spring 2004 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
park trails, picnic shelters, playgrounds, athletic facilities, boat accesses, fishing piers, costs $10,000. Land proposed for development and/or redevelopment must be owned by the applicant or be part of an acquiSition
Outdoor Recreation Grant MN DNR swimming beaches and campgrounds. project. Significant progress must be completed on active projects before an additional proposal can be submitted.
x x x x
To provide cost-sharing to landowners for management practices that improve pheasant 75% total The development, restoration, and maintenance of suitable habitat for ring-necked pheasants, which Includes the
habitat. eligible costs establishment of food plots (primarily com or sorghum), nesting cover, woody cover and wetland restoration. Ranking criteria
Pheasant Habitat Improvement (PHIP) . MN DNR include but not limited to the amount of public land, number of acres enrolled in the Conservation Reserve Program; land use
x x x x x pattems, pheasant populations, and the Involvement of pheasant management organizations.
To establish public and private partnerships to improve fisheries quality through Initial costs of 50% of total costs These matching funds can be In the form of cash, volunteer labor, and In-kind contributions of materials, equipment,and
Project CORE (Cooperative improving habitat. Assistance through the DNR for permitting and technical support. project services. Aeration equipment, fishing pier development, trout habitat Improvement projects, lake rehabllitation projects, and
Opportunities for Resource x x x MN DNR x Program pays for initial cost of installation. Installation, other related fisheries projects that improve angler access and fish habitat. The area and regional fisheries' specialists
permits establish priorities locally. Overall, group projects are favored over an Individual's project and local sponsor contributions
Enhancement) Program increase the chances for DNR support.
Provides matching grants to public regional park organizations outside the seven county App 1-Jan-04 60% of project 40% Park acquisition andlor development/redevelopment of regional park facilities including, among others, intemal park trails,
Regional Grant Park MN DNR metropolitan area for up to 60% of the cost of acquisition, development and/or Grant 31-Mar-04 costs picnic shelters,. playgrounds, boat accesses, fishing piers, swimming beaches and campgrounds. Project proposals must
x x x x redevelopment costs of regional parks. have a total project cost of at least $40,000.
To promote development of regionally significant trails. 28-Feb 5,OOD-250,OOO 50% cash match Land acquisition and trail development outside of the metro area only. All land acquisition requires. a perpetual easement for
recreational trail purposes. Trail development requires a twenty-year maintenance commitment by the project sponsor;
Regional Trail Grant MN DNR Significant considerations include length, expected use, and resource quallty/attractlveness. Local/area support must be
demonstrated~
x x x ,
To encourage private citizens and organizations to help fund the acquisition and The acquisition and, enhancement of critical habitat, which includes but is not limited to restoring wetlands, improving ,forest
. development of critical fish and wildlife habitat by having their donations of land.or cash habitat, planting critical winter cover, protecting undisturbed plantcommunitles, preserving. habitat for rare plant and animal
Reinvest in Minnesota (RIM) Critical MN DNR matched from a special state fund. species, protecting native prairie and 'grasslands, and preserving spawning and reproduction areas for fish. The program
Habitat Match x x MBWS x x provides. for state acquisition or enhancement of critical habitat on state lands by matching dollar for dollar donations of land,
easementsor;cash.
Minnesota Funding Sources
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To acquire lands for protection and restoration of natural resources. compensating the 31-Mar-04 Fee title acquisition of natural areas and administrative costs associated with the donation offee title for natural areas.
Remediation Fund Grant x MN DNR State of Minnesota for damage to resources from the release of hazardous substances
from closed landfills.
To encourage local road authorities and landowners to use Integrated Roadside Varies, 80-90% Revegetation of roadsides with native grass and forb seed, demonstration plots on biological weed control, and native seed
Resource Management Techniques so that ecological values (water, soil, wildlife, reimbursed planting and harvesting equipment. First priority Is given to the revegetation of, road ditches during rClad repair or
Roadsides for Wildlife ' MN DNR native plants) are considered. Overall, cities and counties are reimbursed up to 80% of construction. Second priority Is given to reestablishment of native vegetation for weed control. Third priority Is given to native
eligible seed costs and townships are reimbursed up to 90%, with a maximum cost- grass seeding and harvesting equipment.
x x x share rete of $350 per acre.
Education, Involvement of under-served communities, Tree planting and maintenance, 28-Nov-03 5-25,000 1:01 Organization must be a 501 (c)(3) nonprofit urban and community forestry organization that has been incorporated for two (2)
Community partnerships, Community nursery, Service leaming or more years. Tree planting and maintenance and/or urban and community forestry education must be reflected In
Roots Grant Tree Trust organizational documents, which include mission statement, by-laws, etc. Organization must be able to match the grant
request on a 1:1 basis with in-kind support, matching contributions and/or volunteer support. Grant funds may not be
x x x x matched with federal funds including federal monies passed through state agencies. .
Technology, general office equipment, salaries and wages, general printing,professional 28-Nov-03 5-10,000 1:01 Organization must be a 501 (c)(3) nonprofit urban and community forestry organization that has been incorporated for two (2)
Seeds Grant Tree Trust contract services or more years. Tree planting and maintenance and/or urban and community forestry education must be reflected in
organizational documents, which Include mission statement, by-laws, etc. Organization must be able to match the grant
x x x x request on a 1: 1 basis with In-kind support, matching contributions and/or volunteer support. Grant funds may not be
Typically for plantings of native vegetation along the shoreline of lakes, rivers and 1-Sep-04 300,000 3:1 (DNR:Partner) Project types vary, and may include efforts that: establish buffer zones along lakes and rivers, Improve the supply or
Shoreland Habitat Grant MN DNR streams. Requires a 25 foot wide area to be maintained in buffer. techniques for installing native aquatic plants for restoration, develop educational materialslforums to promote buffer zones
x x x x and native aquatic plants, measure the effects of riparian buffer strips on water and habitat quality. measure the effects of
riparian buffer strips on water and habitat quality
To subsidize the maintenance and development of snowmobile trails. Cost sharing up to 30-May Up to 65% or Snowmobile trail development, maintenance, winter grooming, and trail administration. First priority Is given to the
Snowmobile Grants-in-Aid MN DNR 65% of total eligible costs. Winter trail grooming is cost shared up to 90% of total 90% of project maintenance of existing Grants-in-Aid (GIA) trails. Second priority is given to projects which link population centers,
eligible costs. costs recreation, and service facilities. Third priority is given to the development of new trail systems or significant additions to
x x x existing systems.
Soil & Water District General Services MN Water &
Grant Soil Resources
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State Cost-Share Program MN BWSR
To provide financial assistance to upgrade county state aid, county, township, and city Up to 100% of The establishment, construction. reconstruction, repair, and Improvement of county state aid, county, township, and city
State Park Road Account Program MN DNR roads which provide access to publiC lakes, rivers, state parks, or state campgrounds. eligible costs. roads that provide access to a public lake, river, state park or state campground.
x x
The removal of brush. dead or downed trees and other debris such as concrete, asphalt Varies Up to 75% of Cutting and removing dead and downed trees and brush from the channel or flood plain, removing large rocks and other
Stream Bank Maintenance Grant x MN DNR x x x x or scrap material from stream channels and flood plains. project costs debris from the channel or flood plain, and supporting measures which stabilize banks and reduce reoccurrence of snagging
grant 5-15,000 and sedimentation. .
Allocates grants to local and regional organizations engaged in nonprofit actlvllies that NA Variable dollar to dollar Must be a 501 c(3) in education, human services, community development, or arts.
TCF Foundation TCF are designed to Improve the economic and social well being of the community
Foundation
x .
To preserve biodiversity, to positively Impact climate change,to provide access to
3M Foundation 3M natural areas, to offer opportunities for volunteer involvement.
x x x x
. ,
Unity Ave To foster responsible, long tenn human interaction with the natural environment 2nd Friday In $5,000 and up
Unity Ave Foundation x x x Foundation x ' x Jan
.
To Improve community forestry programs by providing local community groups with 2,500-5,000 50% of total costs Local govemment program development Including tree inventories, forestry management plans, tree protection. insect and
Urban & Community forestry challenge MN DNR financial incentives. disease control plans, ordinance development, staffing, and staff training; NonprOfit program development including staffing,
volunteer training, master plans, and fund-raisIng support; and infonnation and education projects.
x x x
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
communities to take action utilizing the Wal-Mart Environmental Grants. .
To improve public boat accesses in Minnesota's publiC lakes and rivers. Acquisition, Variable Projects are selected based on ranking the criterion which Includes but Is not limited to the following: public demand,
Water Recreation Cooperative MN DNR development and improvement of public boat accesses, parking lots, docks, and boat location, gamefish present, sIze of water body, accessibility, and sponsor donation.
Acquisition and Development launching ramps. Engineering anc! design assistance is available.
x x x x ,
To provide a financial incentive to maintain wetlands in their natural state and to Tax Exempt Wetlands inventoried as Public Waters Wetlands as defined in M.S. 103G; lands mostly under water that produce little If any
Wetland Tax Exemption MN DNR promote an awareness of wetland values. Income and have no use except for wildlife or water conservation purposes; land in a wetland preservation area.
. x x x
To implement the Wild and Scenic Rivers System, which preserves and protects the Land Appraised DNR may acquire title, scenic easements, or other Interests in land, by purchase. grant, gift, devise, exchange, lease, or
outstanding scenic, recreational. natural, historical, and scientific values of certain other legal means. Currently , this project Is not funded for interests inVOlving payment. Certain properties were
Wild and Scenic Rivers Acquisition MN DNR Minnesota rivers and adjacent lands. recommended during the designation processes on each river for scenic easement or fee title acquisition. Priorities are also
dependent on willing sellers and their desires, as well as additional lands or interests that further the purposes of the Wild
and Scenic River statutes and rules.
x x , .'.
x x x x x
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. Minnesota Funding Sources
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To provide emergency wildlife damage abatement materials to eligible growers and to Varies Short term projects are usually in response to an emergency and include issuing shooting permits and temporary fences.
Wildlife Damage Management MN DNR increase tolerance of wildlife on private lands. Long term projects focus on the development of a cooperative damage management agreement, which may include hunting
management, repellent applications, fenca construction, and the creation of lurelfood plots.
x x x x
Improvement of wildlife habitat by providing both technical assistance and cost~share Privately owned land, federal land when primary benefit is on private of Tribal Land, State and local govemment land on a
Wildlife Habitat Incentive Program x x USDA NRCS ,x x limited basis. An entity must own or have control of the land.
Supports nonprofit environmental Initiatives, that can gain additional benefit from 5Feb 7 $250,000 ( , Must be a 501 c(3). Important to promote environmental stewardship and awareness throughout the communities in which
experIence expertise 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 x Xcel Energy x x x x x areas, Programs that engage students and other volunteers and programs that
demonstrate maximum public benefit. Projects that seek to improve environmllntal
quality, including air and water, In the communities in which we operate facilities.
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LEGEND
MN DNR - Minnesota Department of
Natural Resources
LCMR - Legislative Commission of ,
Minnesota Resources
USDA NRCS - United States Dept of
Agriculture Natural Resources
Conservation Service
PF - Pheasants Forever
WTF . Wild TUrkev Federation
MN BWS~- Minnesota Board of Water
and SoilResources
NSBP -National Scenic Byways ,
Pronram
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aa. QUARRY REUSE PROJECT USE AGREEMENT WITH PRIOR LAKE WATER
SKI ASSOCIATION
The use agreement with Prior Lake Water Ski Association (PLWSA) outlines their use of
restored Aggregate Industries quarry that the city would acquire. We have worked with
PLWSA over the past several months to negotiate terms that attempt to ensure public
benefit for the acquisition of the property, while working with the requirementthat an
agreement with PLWSA be established in order to acquire the property. Although
PLSWA will have exclusive use of portions of the water surface during certain times of
the year, we are able to demonstrate public benefit due to the following factors:
1. Exclusive use is only for a portion of the property for a, portion of the year.
2. As a result of the agreement with the PLWSA, we are obtaining the property at 15%
of its appraised value,
" 3. PLWSA is making financial commitments, both in capital construction costs and
ongoing operating costs.
4. PLWSA has agreed to provide reduced membership fees toShakopee residents,
and training opportunities for the general public.
Agreement Terms
The following outlines the key terms of the agreement:
3. TERM
The agreement would be for a period of 25 years.
4. TERMINATION
PLWSA commits to a 1 O-year term. However, if PLWSA fails to comply with its
obligations, the agreement can be terminated after a 180-day cure period.
5. PLWSA's OBLIGATIONS
A. 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 (Attachment A). PLWSA's and the city will work to obtain
additional funding for these improvements by seeking out other partners or users of
the 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 SO/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.
B.lC. PLWSA will provide in-kind labor contributions toward the project, and fund all
improvements directly related to its use of the property.
D. PLWSA will pay the city 10% of gross revenue from events at the property.
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E. PLWSA will change its name to the Shakopee-Prior Lake Waterski Association,
F. PLWSA will maintain most of the property until public access is created. Once public
access is created, PLWSA will continue to assist with maintenance.
G./H./1. PLWSA will provide a 50% membership discount for Shakopee residents, and
instructional programs for the general public.
J. PLWSA shall provide buoys to mark the designated use area.
6. ACCESS
PLWSA 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.
7. USE OF PROPERTY/AL TERATIONS
. 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.
. PLWSA use of the property under the terms of this agreement shall be protected.
8. CITY RIGHTS AND RESPONSIBILITIES
. 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 irife'rfere with the rights being granted to PLWSA.
10. SALE OF PROPERTY
If the city no longer desires to own the property, the use agreement must be transferred
to the new property owner.
11. DEFAULT
If PLWSA defaults on the agreement, they shall have 180 days to remedy the situation,
Loss Control
We met with the League of Minnesota Cities Insurance Trust's loss control attorney, an
underwriter, and a loss control expert. Their comments have been incorporated into the
agreement.
REQUESTED ACTION
If Council concurs, move to authorize execution of the City of Shakopee and Prior Lake
Waterski Association Use Agreement.
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. Quarry Lake Park Master Plan
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Preliminary Cost Estimate I..,.
SEPTEMBER 2004
77.04.106
liTEM I QUANTITY I UNITI UNIT COST I EXTENSION I POTENTIAL FUNDING PROGRAMS I
Access Infrastructure FEDERAL RECREATIONAL TRAIL PROGRAM
Bnuminous roads 6700 SY $20 $134000 DNR OUTDOOR RECREATION GRANT
Bituminous 35 vehicle Darkina 1300 SY $20 $26 000 IN KIND CONTRIBUTIONS.
Bridne - vehicular 2560 SF $150 $384 000
Electrical Danel Darkina. & shelter 1 LS $40 000 $40 000
Water Service 1800 LF $20 $36 000
Water Qualitv Pond 1 EA $10,000 $10,000
I SUBTOTAL I $630,000 I
Trails DNR OUTDOOR RECREATION GRANT
Bnuminous trails 8000 SY $15 $120000 FEOERAL RECREATIONAL TRAIL PROGRAM, TEA21
Saft 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 AIO
Wood boardwalksl fishina Diers 15500 SF $20 $310000 LOCAL TRAIL CONNECTIONS PROGRAM
Bridaes - oedestrian (Drefab\ 12 foot wide 960 SF $130 $124800 XCEL ENERGY; TREAD LIGHTLY
Outlook structure 1 EA $50,000 $50,000 IN KIND CONTRIBUTIONS
I SUBTOTAL I $625,350 I
Outdoor Heritaoe Education Center (OHECJ
ArcheN facilitv/Hides for Habitat Storaae 21 000 SF $25 $525 000
Education Center 1 LS $3 650 000 $3 650 000
Bituminous 200 vehicle Darkina 8300 SY $20 $166000
Concrete navement oatio 5000 SF $7 $35 000
Interactive leamina stations 5 EA $7 000 $35 000
InterDretive sianaae 10 EA $1 500 $15 000
Rainwater nardens 16500 SF $12 $198000
Electrical service 1 LS $60 000 $60 000
SanitaN 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
Bnuminous boat storaae 925 SY $20 $18 500 USA WATER SKI
Boat Storane Fencln" 250 LF $35 $8,750 WATER SKI INDUSTRY
BOat Launch Uoarade 1 LS $10000 $10000 IN KIND CONTRIBUTIONS
Breakwaters 600 LF $100 $60 000
Concession Stand/Event Office/Storaae 1600 SF $100 $160 000
Dock- 10 foot wide wood boardwalk 600 SF $20 $12,000
I SUBTOTAL I $269,250 I
Plantinos XCEL ENERGY I
Shoreline/Emernent Veaetstian 4 AC $2 000 $8 000 FIVE-STAR RESTORATION MATCHING GRANT
Trees / 75 EA $400 $30 000 DNR ENVIRONMENTAL & CONSERVATION PARTNERl
Trainina Field - seed 1 AC $5 000 $6 000 DNR SHORELAND IMPROVEMENT GRANT
Uoland Seedina I 20 AC $4,000 $80,000 NFWs GENERAL MATCHING GRANTS
IN KIND CONTRIBUTIONS
1 SUBTOTAL $124,000
Other Amenities XCEL ENERGY FOUNDATION
Entrv sians 3EA $12000 $36 000 AMERICAN HONDA
Bike racks 2EA $400 $800 DNR OUTDOOR RECREATION GRANT
Drinkina fountains 2EA $5 000 $10000 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 $1 500 $22 500
Securitv Fenclna 3200 LF 35 $112000
Trash receDtacles SEA $500 $4,000
I SUBTOTAL I $301,500 I
I TOTAL I $6,662,900 I
I 1 CONTINGENCY 10%1 $666,290 I
I DESIGN, ADMINISTRATION, TESTING 10%1 $732.919 I
I LAND ACQUISITION/ $250,000 I
I TOTAL PROJECT COSTI $8,312,109 I
OHEC $5,702,488
PLWSA $325,793
CITY/OTHER. $2,283,829
.Some costs would be shared with user groups.
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City of Shakopee and Prior Lake Waterski Association
Quarry Lake USE AGREEMENT
Draft 12/16/04
This Use Agreement is made this _ day Qf , 2004 by and between the Prior Lake
Waterski Association (PL WSA), a MinnesQta nQn-profit' corpQration, and The City of Shakopee,
Minnesota, (City).
RECITALS
A. Aggregate Industries-North Central Region, Inc. ("Aggregate Industries") owns
approximately 128 acres of land 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 Qf land.
The Property currently has nQ 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 PQrtiQn Qf the Property' pursuant to an agreement with Aggregate
Industries. Aggregate Industries is willing to conveythe'Propertyto the City for a price that is
approximately 15% of the Property's fair market value if the City allows PL WSA tQ cQntinue
using a PQrtion ofthe Lake and other portions ofthe 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 consideratiQn of PL WSA agreeing to make certain
fmancial and Qther commitments to the City, the City is willing to enter intQ 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 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 Qf the Property for the purpose of practice and instruction for Water-skiing,
Wakeboarding, Wake-skating, and other similar tQwed water-sports, boat and watercraft storage,
and for Water-ski ShQws, special events and competitions for PL WSA members and their
authorized guests.
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In consideration of the mutual covenants cQnditiQns and provisions in this Agreement, the City
and PL WSA agree as follQws.
1. RECITALS
The Recitals are true and correct and are deemed tQ be part QfthisAgreement.
2. GRANT OF USE RIGHTS
The City grants to PL WSA the right to use a PQrtion of the surface Qf the Lake and other portions
of the Property in accordance with the terms and conditions described below.
3. TERlVl
The term Qf this Use Agreement shall CQmmence on May 1, 2005 and cQntinue until April 30,
2030, unless SQQner terminated by PL WSA, by mutual agreement of bQth parties, Qr by City.
4. TERMINATION
The City may terminate this Use Agreement at anytime ifPLWSA fails to comply with any of its
Qbligations set fQrth in Paragraph 5 of this Agreement, provided that the City gives written notice
to PLWSA setting fQrth the basis fQr PLWSA's default. PLWSA shall have 180 days tQ cure any
such default and if the default is nQt cured within 180 days this Use Agreement terminates
immediately UPQn the expiration of that 180-day perio4.,:."'.\
PLWSA may not terminate this Use Agreement during the first ten years without the written
CQnsent of the City. Thereafter, PL WSA may terminate this Use Agreement for any reaSQn by
providing the City with written nQtice at least one year before the effective date of terminatiQn.
Any such termination shall be irrevocable.
Upon termination, PLWSA 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 frQm the Property, and shall have the right tQ remove and retain all waterski related
personal property, including, but nQt limited to, bleachers, ski-jumps, slalom courses, docks, boat
lifts, concessiQn stands, stQrage sheds, buoys, etc.
5. PLWSA's OBLIGATIONS
PLWSA shall not be required to pay any fee, rent Qr other charge to City for use Qfthe Property,
except as otherwise set forth in this Use Agreement.
A. 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,
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
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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 tQ the PrQperty. The City expects that it will enter intQ
separate agreements with future users of the Property. Examples Qf such potential users include a
SCUBA Club, Amateur Riders Motorcycle AssociatiQn, Qr Outdoor Heritage Education Center.
PL WSA might enter into agreements with Qther partners tQ 'assist PL WSA with the financial
contributions that it is required to make under this Agreement. Examples Qf such potential
partners. include BituminQus RQadways and Aggregate Industries. Any agreements between
PLWSA 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 CQst of the improvements needed to establish pedestrian and vehicular public
access to the PrQperty. The City will cQnsult with PL WSA befQre agreeing on the amounts that
future users of the Property must contribute towards' establishing such access. The City agrees tQ
exercise gOQd faith in determining the apprQpriate amounts that future users must pay for that
purpQse and will base its decision on factQrs such as the proportion and degree to which future
users will benefit by such public access and the amount that such users are contributing tQwards
other public imprQvements. The amQunt 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 Qr partners fQr such purpQse.
PL WSA and the City will work together to apply fQr 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 lQts,
and imprQvements neede&tp..;~~lablish pedestrian and vehicular public access tQ the PrQperty.
PLWSA has agreed to perform grant writing on behalf of the City. For thQse grants that PLWSA
authors, fifty percent of the proceeds from thQse SQurces will.be applied to offset the City's cost
Qf establishing public access to the Property, and 50% of the proceeds will be applied tQ offset
the amount that PLWSA is obligated to contribute
The City retains the sQle and absolute discretion on any and all decisions relati~g to the timing,
design, and methQd by which public access is cQnstructed or provided to the PrQperty.
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 allQwing 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 on the unpaid principal, amount shall accrue at an annual interest rate
equal to the. interest rate fQr special assessments that is in effect as Qf the date Qf 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 inthis 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 twQ years after public access tQ the Property is completed, whichever date is
later. The purpose of this provision is to allow PL WSA time tQ generate funds from sources that
will only becQme available aftyr PBblic access to the Property has been established.
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B. PL WSA will prQvide in-kind labQr contributions toward future imprQvements to the
PrQperty that relate to PL WSA use Qf the Property, such as shoreline restoration, or relate to
minimizing the impact ofPL WSA use Qfthe PrQperty, including an annual clean-up and clean-up
following special events and ski shows.
C. PL WSA will fund, construct, and maintain all improvements to the waterski bQat launch,
and tQ improvements directly related its use of the PrQperty. 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 Qf the
Property .
D. PL WSA will pay the, City 10% of all gross revenues frQm public admissiQns, cQncessions,
and advertising frQm Ski ShQWS and special events held at the PrQperty. Payment shall be made
annually nQ 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 grQSS revenues from such events.
E. PL WSA will change its name to "The Shakopee - PriQr Lake Waterski Association" no
later than June 30, 2005.
F. PL WSA shall maintain the' Property in the fQllowing manner until such time. as' public
access tQ the Property is cQmpleted and the City has constructed public facilities or public trails
on the Property
0 MQW and maintain land near the bQat 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 Qn
the property
0 Advise unauthorized persons tQ leave the property, advise police when necessary
0 Communicate with City PQlice and Firefighter leadership regarding PL WSA' s
activities Qn the Property
0 Maintain west shore boat launch in usable cQnditiQn
0 Maintain nQrth and west gravel roadways to current cQndition
After Public Access is completed and the City has constructed public facilities or public trails on
the Property, PLWSA shall maintain the PQrtion 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 bQat dock, and waterski boat storage areas.
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G. PL WSA must offer PL WSA Regular Memberships to any ShakQpee resident at a 50%
discQunt to then current rate being offered to non-Shakopee residents.
H. 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 mQre 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).
1. After public access to the Property has been established, PL WSA must offer at least one
YQuth "Ski Clinic" perseasQn tQ ShakQpee youth, designed especially for YQuth interested in
learning to ski, learning tQ wakebQard, 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 fQr liability insurance fQr' such events. (The 2004 fee is $10 per non-member
participant per event).
J. After public access tQ the Property has been established, PLWSA shall,install and maintain
the following bUQYs if requested by the City to do so:
a. Designating a non-motQrized watercraft area and SCUBA area IQcated in the
northeast comer of the lake.
b. Creating a non-motorized watercraft navigation channel frQm a non-mQtorized boat
launch on the nQrthwest shore of the lake, alQng the nQrth shQre ofthe lake and to the .
designated non-motQrized area in the north east comer of the lake.
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K. Aftel' 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/Qr special events annually to which the public
will be invited between May 1-0ctQber 31. PL WSA will market these
tournaments/shows/events with the intentiQn of increasing public attendance.
6. ACCESS
PLWSA 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 Qf the public shall access the PrQperty only via the Access Easement described in
section 5,1 of the Purchase Agreement.
PLWSA members and guests shall have non-exclusive access to and use of the land owned by
the City surrounding the lake Qn the Property. PL WSA shall have non-exclusive access to and
use of the land on the west shore Qf the Lake for spectator seating for Ski Shows and special
events. PLWSA shall have. non-exclusive access to and use Qfthe land on the SQuth shore Qfthe
lake for spectator seating for special events. PL WSA shall schedule with the City in advance
special events where PLWSA will use the south shQre for spectator seating, or where PL WSA
will host more than 7S.people anywhere at the Property. PLWSA may, subject to City approval,
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delineate designated seating areas Qn' the south and west shQres of the Lake fQr purpose of
charging admission fees fQr people attending ski shQws, tournaments, Qr 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 Qf the Property shall remain open to the general
public during such events unless otherwise prohibited by the City.
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 Qn Exhibit B is intended sQlely to allow
access for non-motorized watercraft to the non-PL WSA Area depicted Qn Exhibit B. The City
will use good faith to establish a nQn-motorized boat launch area in the nQrth or nQrthwest
portion of the Lake. Upon establishment Qf such a boat launch, the access channel depicted Qn
Exhibit B will be reduced accQrdingly. PL WSA shall delineate the PQrtiQn of the Lake that it is
entitled to use by buoys or other appropriate markers. This right includes the right tQ operate
motorized and non-motorized bQats Qn the Lake and the right tQ launch and operate such boats.
This right alsQ includes the right for perSQns to be tQwed behind motorized bQats Qn the Lake at
speeds consistent with water-ski and towed water SPQrts competitions. Only PL WSA members
and their authQrized guests are allowed to use the waterski facilities. Use QfPersonal Watercraft
and bQat racing by PL WSA is nQt allQwed Qn the Property.
PL WSA will also have nQn-exclusive access to mQtorized use of the Lake from November 1 to
April 30, primarily to perfQrm necessary maintenance Qr tQ CQnstruct or maintain site
imprQvements.
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PL WSA will use reasonable efforts tQ 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.
Between May 1- OctQber 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 PLWSA receives
two weeks advance nQtice of such use. The City may, but is not required to, allow nQn-
motorized boats to use the portion of the Lake that is not within PL WSA' s exclusive use area
during this time period.
The City shall make a reasonable, effort to post signs and cQmmunicate 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 tQ PQlice and enforce its own use of
the Lake, including the members-only restrictions.
7. USE OF PROPERTY/ALTERATIONS
Before public vehicular and pedestrian access has been established to the Property and other
necessary permanent or tempQrary infrastructure improvements and public facilities have been
completed, PL WSA may use the PQrtion of the Lake surface described on Exhibit B to this
,-
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Agreement for practice. and instruction fQr water-skiing~ wake boarding, wake-skating, and other
similar towed water sports, and for waterski shows~ clinics, special events, and tournaments
competitions fQr PL WSA member and their authorized guests.
After public vehicular and pedestrian access has been established tQ 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 prQfessional TQurnaments, and for other Water-ski related Special Events to which the public
may be invited. During certain Tournaments, Ski shows, and Special Events, members Qf the
public may be invited tQ attend and asked to pay an admission fee for seating in the designated
areas on the SQuth and west shQres of the Lake. The City grants permission for PL WSA to
charge admissiQn, sell cQncessiQns, and to charge for and display tempQrary advertising banners
approved by the City during Tournaments, Ski Shows, and Special Events.
City authorizes PLWSAtQ transport acrQSS, store, install and maintain Qn the PQrtion of the
Property delineated on Exhibit C two ski jumps, two slalQm courses, wake-rebQund mitigation
materials, three dQcks~ land storage for up to 15 boats, up to 15 in-water boat-lifts (with boats Qn
them), twQ stQrage sheds, two judging stands, two videQ tQwers, Qne Show Team Truck, and a
number of concession. stands and PQrtable tQiletsproportional to.expected crowds, subject to City
approval Qf the specific location of these items. After public access is completed, any PL WSA
storage shall be screened. PL WSAmay request approval for installation or cQnstruction 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
discretiQn
PL WSA shall be allowed to install temporary public viewing bleachers at its sole cost on the
west shQre of the lake for Ski ShQws~ Tournaments, and Special Events. Natural spectator
seating willbe allQwed on the west and south shores Qfthe Lake. PLWSA shall schedule with the
City in advance special events where,PLWSA will.use the south shore for spectator seating, or
where PLWSAwill hQstmore than 75 peQple anywhere at the Property.
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
cQoperate with PLWSA in gaining necessary gQvernmental 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 City's jurisdiction. Any future regulations adQpted by the
City relating to or affecting PLWSA use Qf the Property shall nQt be applicable tQ PL WSA to the
extent that such regulatiQns are inconsistent with the rights being granted to PL WSA under this
Agreement. The City represents that there are no current City ordinances Qr other regulations
that require City approval for the type of activity that PL WSA will be conducting pursuant tQ this
Agreement.
PLWSA may not. use the Lake fQr fishing or any other purpQse unrelated to the activities that
PLWSA is allowed to undertake, pursuant to this Agreement. Maintenance and repair of
,
.
watercraft engines by PLWSA 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.
PL WSA shall Qperate and maintain such safety prQcedures as mandated by USA Waterski, which
shall include, but not be limited to, the presence of at least Qne (1) certified water safety
personnel trained in first aid and emergency prQcedures, and a safety boat Qn the water, during all
times the Property is in use fQr Ski ShQws, Ski ShQW Team practice, and during all Special
Events. The safety boat shall be used Qnly for the purpQse of maintaining safety Qn the Property
and shall not be used to tQW skiers or fQr any other purpose.
8. CITY RIGHTS AND OBLIGATIONS
The City will use best efforts to fund, construct, and maintain public access to the PrQperty
including road, parking lot (if necessary) and adequate crossing Qver PriQr Creek. Any such
cross~ng will be adequate to handle car, truck, bQat, trailer, and public traffic.
City will use best efforts to fund, cQnstruct, and maintain Trails and Park improvements Qn the
Property as described in Exhibit C. The City will maintain the Property, subject tQ the
maintenance obligatiQns assumed by PL WSA pursuant to the agreement.
PL WSA acknowledges that the City is under no obligatiQn to fund or CQnstruct the public access
Qr other improvements set fQrth in this sectiQn, even if PL WSA ap.d the other partners/users are
able to fund their pQrtio!t onhe 'public access costs. PL WSA understands and acknowlc;~ages~Ifu"t
the City's current Capital hnprovement Program dQes not include any funding for such purposes
fQr the next five years.
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.
9. TRANSFER/ASSIGNMENT
PLWSA may not assign, transfer, or CQnvey its rights or obligatiQns granted under this Use
Agreement.
10. SALE OF PROPERTY
If PL WSA choQses to discontinue use Qf the Property after the initial ten-year period, PL WSA
shall provide one-year notice to the City. Any such notice shall be irrevQcable.
If City chQQses to sell, dQnate, abandon, or otherwise disPQse Qf the PrQperty prior to the
termination of this Use Agreement, the City warrants it will advise the transferee Qfthe existence
of this Agreement and that PLWSA's rights and obligations shall continue pursuant to the terms
of this Agreement.
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11. DEFAULT
,If FLWSAviolatesany term Qf.this Use Agreement, City agrees to nQtify PLWSA in writing.
PL WSA shall have 180 days from the notificatiQn to cure, the violation. If the violation is not
cured within 180 days, this Use Agreement shall autQmatically terminate. PLWSA shall
immediately vacate the PrQperty 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 PrQperty, including, but
not limited to, bleachers, ski-jumps, slalom courses, docks, boat lifts, concessiQn stands, storage
sheds, bUQYs, etc.
12. INSURANCE
PL WSA shall maintain, at its sQle expense, Comprehensive General Public Liability Insurance
covering the legal liability Qf PLWSA, its members and its guests against claims for bQdily
injury, death or property damage occurring on, in or about the Property fQr a limit of at least One
Million Dollars ($1,000,000.00). City shall be listed as an additiQnalloss payee under the policy.
PLWSA agree to increase the amount of such insurance if requested by the Cityio do SQ and if
such increased insurance is cQmmercially and generally available to USA Waterski member
clubs.
13. INDEMNIFICATION
PL WSA agrees to release, indemnify, defend and hold the City, i1~4.i~r,~~ors, officers, employees,
agents, contractQrs, sub-contractQrs, licensees, invitees, successors}a,.nd 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 aboutthe Property, arising out
of the activities of PL WSA, its members, and its' invitees, including, but not limited to, the
activities, actions and QmissiQns related to skiing, water craft operation, Qbserving skiing,
including preparatiQns 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
ACTNITIES AND ASSUME SAID RISKS. This provision shall survive the expiration or
termination of this Use Agreement:
Prior to allowing any Qf its members, their authorized guests, or any other person or entity to use
the waterski facilities, PL WSA must obtained 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 Qut Qf 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-cQntractors,. 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 re1atedtQ property or injury to perSQns Qn or about the Property, arising out
.
.
of the activities of the City in this Qr other agreements. This provisiQn shall survive the
expiration Qr early termination of this Use Agreement.
14. 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) Qn the earlier Qf the third business day after mailing or the
date of the return receipt acknQwledgement, if mailed by first class mail, postage prepaid, by
certified Qr registered mail, return receipt requested; (iii) on the date of transmission, if sent by
facsimile; Qr (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 tQ such other address, as PL WSA shall furnish to the City in writing in
accordance with this paragraph.
Ifto PL WSA PriQr Lake Water Ski Association
Brad Beneke, President
P.O. Box 151, Prior Lake, MN 55372 ,
Ph: 612-747-4444 I
with a CQPy to: Pete Plunkett
Attorney at Law
107 W. Oakland Ave.
Austin, MN 55912
Ph: 507-437-2845
Fax: 507-437-8376
IftQ City : Mark Themig
Parks & RecreatiQn Director
1255 Fuller Street
Shakopee, MN 55379
Ph: 952-233-3837
Fax:952-233-3831
with a copy to: James J. ThQmson
Kennedy & Graven
470 U. S. Bank Plaza
200 South Sixth Street
Minneapolis, Minnesota 55402
Ph: 612337-9300
Fx: 612-337-9310
15. MISCELLEANEOUS
.
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A. This Agreement has been made under the laws of the State of Minnesota, and such
-... 'laws will' controlits interpretation.' .
B. PLWSA and the City represent that they each have the requisite authority to execute
and deliver this Agreement.
C. This Agreement cQnstitutes the complete agreement between the City. and PLWSA
and supersedes any prior Qral Qr written agreements between the parties. There are no
verbal agreements that change this Agreement and no waiver of any of its tenns will be
effective unless in writing and executed by the parties. This Agreement may be amended
only by written agreement apprQved 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 cQmply with all applicable local, state, and federal ADA requirements.
F. This Agreement binds and benefits the parties and their successors and assigns.
Prior Lake Waterski AssQciation, City of Shakopee
A Minnesota Nonprofit CQrporation
By: By:
Its: President Its: Mayor
By:
Its: City Administrator
By:
Its: City Clerk
,
.
EXHIBIT "A"
LOCATION OF PROPERTY
To 6t. ~~c~, ~t. 0
,
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EXHIBIT "B"
MAP DELINEATING PORTION OF THE LAKE THAT PLWSA WILL BE USING
,
... PL WSA Exdouive Area i'1W1l"l<ed 0';
the map to.tI.e left.
.e al'ea o11.the Lalce but outside tI... ,eel
ow,daries. marks tile PLWSA """lusive
....
~ ... area Ollt"" I..ake, but inside the red.
~ bO'Uldaries. JlJarks the 11on-PL WSA Area.
.e area 011 tl....LaI% but inside tlte )'d.low ""
bow.darie., marl.. a nOIJ....otocit.ed boat
cce.. dlalu.el that tI.e Cityona}' dedde to
This dlalUld is meant to be no
tllaIl 10 reet wide, and juxtaposed to
.hore or floatittt; boardwalk ""
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EXHIBIT "C"
CONCEPT PLAN
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bb. QUARRY REUSE PROJECT PURCHASE AGREEMENT
The purchase agreement outlines .the conveyance of the restored Aggregate Industries
quarry property to the city. Key components of the purchase agreement include:
1. Sale of Property
The city is purchasing 111.425 acres.
2. Value and Manner of Allocation
The sale would be a Bargain Sale, where there is a cash payment of $250,000 and the
remainder of the $1,658,900 property value is received as a donation.
3.1.3.1/3.1.3.2. Site Cleanup
Aggregate must clean up all debris in the northwest portion of the property, and if not
completed by closing, provide a letter of credit in the amount of $50,000 as security that
the work will be completed.
3.1.4. Condition of the Property
The city must determine satisfaction with the physical condition of the property. We are
completing the Phase 2 environmental assessment identified in the. Phase 1
environmental assessment (Attachment A). Results of the Phase 2 work will be
provided to the city prior to closing. However, satisfactory Phase 2 environmental
assessment results should be a condition of approval.
3.3. PLWSA Agreement
The city must execute a use agreement with. the Prior Lake Water Ski Association by the
closing.
5. Easements and Licenses
5.1. Access Easement
Aggregate will provide an accesseasementto access the property. The easement is for
two, five-year periods. However, on December 16, I was notified that Aggregate will only
auaranteethe use of this access easementfor a period oHive years.
As I understand, Aggregate intends to construct a rail spur that may sever access to the
property when trains are unloading cargo. If the rail spur is constructed and other public
access. has not yet been created, there appear to be three potential scenarios:
. Work with Aggregate to determine if access during specified times can be
accommodated using the easement.
. Attempt to negotiate access onXcel's roadway and the east and south sides of the
Quarry property. I contacted Xcel to determine if this was feasible. It appears to be
possible, but would require approval from several different divisions within Xcel due
to the proximity of their sub station and peaking plant.
. The property would become land locked and unusable by the city or PL WSA until
pUblic access is created.
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5,2. Rail Easement
The city will provide a rail easement on the north side, of the property for use by
Aggregate in the future.
5.3. Water Use License
The city will allow Aggregate to access the lake to fill tanker trucks with water in order to
control dust on their retained parcel.
(NOTE: The fill license request that was discussed previously has been withdrawn. If the
city desires additional fill on the property, we would work directly with Aggregate.)
6. Closing
Closing will occur on or before December 31, 2004.
10. Representations and Warranties by Seller
10.3. Aggregate warranties that no hazardous substances have been generated or
disposed of on the property in violation of any environmental law.
10.4. Reclamation
Aggregate warrants that all federal, state and local laws and requirements for
reclamation and restoration of the property have been satisfied.
14.2. Hazardous Substances
Seller holds Buyer harmless from all liabilities associated with discharge of hazardous
substance from seller's retained parcel. Buyer may enter Seller's retained parcel to
abate actual or threatened discharge of hazardous substance onto the Property should
seller not respond within 20 days. Seller shall reimburse Buyer for any costs associated
with this work,
NOTE: This protects the city so long as Aggregate owns the retained parcel. The city
had developed covenants that would have provided the city with these rights from
subsequent owners of Aggregate's retained parcel, should Aggregate decide to sell its
parcel at some point in the future. However, Aggregate objected to this condition.
REQUESTED ACTION
If Council concurs, move to authorize execution of the purchase agreement, easements,
and licenses with Aggregate Industries for the certain tract of unimproved real property
located at 6869 County Road 101, conditioned on the city receiving satisfactory Phase 2
environmental assessment results.
.. A
"
November 24, 2004
(77 -04-107)
Mark Themig
City of Shakopee
129 Holmes Street South
Shakopee, Minnesota 55379-1328
RE: Phase I Environmental Site Assessment, Quarry Lake, Shako pee,. Minnesota 55378
1.0 EXECUTIVE SUMMARY
Bonestroo Rosene Anderlik & Associates (Bonestroo) has performed a Phase I Environmental
Site Assessment of the Quarry Lake property (approximately 105 acres) in Shakopee,
Minnesota. Figure 1 depicts the general location of the property. Figure 2 depicts the layout of
the site.
Currently, the site is owned by Aggregate Industries, Inc. It has been mined for limestone for
several decades. Prior to mining at the site, the property was essentially unused and contained
areas of shrubs, trees, field, and potential wetlands. Mining at the site has been completed, and
the large mine. pitleft by. the mining activity has filled with water, Upland berms surround the
water body. The water body, known as Quarry Lake, is used by the Prior Lake Water Skiing
Association (PLWSA) for water ski racing. Materials owned by the PLWSA are. present on the
western. portion ofthe property. The northwestern area of the property is leased to a concrete
and masonry company for storage of materials; previously, the northwestern portion ofthe site
was the location of a concrete recycling operation.
This Phase I Environmental Site Assessment was performed il1 conformance with the scope
and limitations of the American Society of Testing and Materials Standard Process E 1527-00.
This Phase I Environmental Site Assessment has revealed no evidence of Recognized
Environmental,Conditions (RECs) in connection with the property, 'except for:
REC 1: A petroleum release from a fuel truck occurred in the northeastern portion of the
property in 2001. Cleanup and excavation. activities were conducted, but it
appears that some of the contaminated material could not be removed. The
MPCA issued closure to the incident in 2002. In addition, a large amount of
debris; an old storage tank, two 55-gallon drums, and stored construction-related
materials, were observed in this area of the property.
REC 2: An area of debris with an old storage tank and vehicle parts was observed near
the northeastern property boundary.
REC 3: A stain, gasoline can, and a small asphalt pile were observed in the northeastern
portion. of the site on the driveway extending' down to Quarry' Lake.
REC4: A scummy substance and white flecks were observed on the lake surface in the'
southwestern corner of the property.
1
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RECOMMENDA liONS
Based on the findings and conclusions of this Phase I Environmental Site Assessment,
Bonestroo recommends the following:
REC 1: A limited subsurface investigation should be completed in the northwestern
portion of the property where a previous petroleum product release occurred and
where debris and containers were observed. Soil and/or groundwater samples
should be collected and analyzed to determine if subsurface impacts are present.
REC2: A limited subsurface investigation should be completed in the northeastern
portion of the property where debris and containers were observed. Soil and/or
groundwater samples should be collected and analyzed to determine if
subsurface impacts are present.
REC3: A soil and/or groundwater sample should also be collected in the northeastern
portion of the property where a stain was observed on the driveway extending
down to Quarry Lake.
REC 4: A water sample should be collected in the southwestern portion of the lake for
analysis of potential contaminants.
In addition, stored materials and debris observed at the site should be removed and disposed of
properly in accordance with applicable regulations. If additional information regarding past site
activities or potential off-site sources of contamination becomes available,' this information
should be reviewed and the need for additional assessment should be re-evaluated.
Should you have any questions regarding the scope or conclusions of our assessment, please
contact us at (651) 635-9100.
Sincerely,
Bonestroo Rosene Anderlik & Associates
Lisa R. Fay
Project Scientist
flrf
Attachments
2
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AGREEMENT FOR A BARGAIN SALE
THIS AGREEMENT FOR A BARGAIN SALE is made as of December _, 2004,
between AGGREGATE INDUSTRIES-NORTH CENTRAL REGION, INC., a' Minnesota
corporation, ("Seller") and CITY OF SHAKO PEE, MINNESOTA, a statutory city and political
subdivisiQn organized and. existing under the Constitution and laws of the State of Minnesota
("Buyer").
In consideration of this Agreement, Seller and Buyer agree as fQllows:
1. Sale of Property. Seller agrees to sell to Buyer, and Buyer agrees to buy from Seller, a
certain tract of unimproved real property located at 6896 C. Rd. 101 E, City of ShakQpee,
Scott County, MinnesQta, CQnsisting of 111.425 acres, legally described Qn Exhibit A attached
hereto, together with the Access Easement Qver Seller's Retained Parcel described in
Section 5.1 hereQf, and all easements and' rights benefiting or appurtenant to ,. the
foregoing. (cQllectively the "Property").
2. Value and Manner Qf AllocatiQn, Unless this Agreement is terminated as provided in and
permitted by the terms of this Agreement, Seller and Buyer shall consummate a bargain
sale in which the total value of the Property shall be One Millioll Sixty Hundred Fifty
Eight Thousand Nine Hundred and 00/100 DQllars ($1,658,900.00) (the "Property
Value"). The Property Value shall be allocated and taken into account as follows:
2.1 Cash Portion of Bargain Sale. Two Hundred Fifty Thousand and 00/100 Dollars
($250,000.00) by wire transfer of U.S. Federal Funds or by cashier's check
(the "Cash Portion of the Bargain Sale") from Buyer to Seller on the
Closing Date (as hereinafter defined); and,
2.2 Donation. A donation of One Million Four Hundred Eight Thousand Nine
Hundred and 00/1 00 DQUars ($1,408,900.00)by Seller to Buyer.
3. Contingencies.
3.1 Buyer's Contingencies. The obligations of the Buyer under this Agreement 'are
contingent upon each of the following:
3,1.1 The representatiQns and warranties Qf Seller cQntained in this Agreement
must be true now and Qn the. Closing Date.
3.1.2 Title to the Property shall have been fQund acceptable, Qr. been made
acceptable, in accordance with the requirements and terms ofSectiQn 9 below.
3.1.3 Seller shall have perfQrmed all of the obligations required to be performed
by Seller under this Agreement, as and when required by this Agreement
Included within the obligations Qf Seller under this Agreement. shall be the
following:
3.1.3.1 Seller shall remQve from the northwesterly CQmer of the Land all
construction materials, wire, rebar and other debris set fQrth on a
BLW-254468v9 1
SHlSS-149
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cleanup list to be prepared by a cQnsultant retained by Buyer ("Site
Work");
3.1.3.2 The conditiQn set forth in SectiQn 3.1.3.1 above shall be deemed
satisfied UPQn verification by said consultant that the work has
been satisfactorily completed.
3.1.3.3 If the condition set forth in Section 3.1.3.1 above has not been
satisfied prior to Closing, in lieu Qf terminating this Agreement,
Buyer may at its optiQn require Seller tQ deliver to Buyer at
CIQsing a letter Qf credit (in fQrm satisfactory tQ Buyer) in the
amount of $50,000 securing Seller's performance of the Site Work
within six (6) months after the date ofCIQsing.
3.1.4 Buyer shall have determined, in its sole judgment, on or before the
CIQsing Date, that it is satisfied with the physical conditiQn of the Property
including without limitatiQn results Qf and matters disclosed by
environmental site assessments, soil tests, engineering inspections, and
environmental reviews of the Property, all such tests, assessments,
inspections and reviews tQ be obtained at Buyer's sole cost and
expense.
3.1.5 Buyer shall have determined, in its sole judgment, on or before the Closing
Date, that any federal, state, or local requirements fQr reclamation or
restoration of the Property have been met.
3.1.6 Buyer shall have determined, in its sQle judgment, on Qr before the Closing
Date, that Buyer will have satisfactory access to the Land.
3.2 Seller's Contingencies. By no later than thirty (30) days following mutual
execution of this Agreement, Seller's governing body shall have approved the
transaction contemplated hereby as required by Minnesota Statutes and Seller's
governing documents.
3.3 Mutual Contingencies. On Qr before the Closing Date, Buyer and PriQr Lake
Water Ski Association (the "Ski Association") shall have executed an agreement
for IQng-term use of the Property by the Ski Association. This contingency is for
the benefit of both Seller and Buyer and can be waived only by written instrument
executed by both Buyer and Seller.
4. Access to Property. Seller shall allQw Buyer and Buyer's agents and contractors access
to the Property without charge and at all reasonable times fQr the purpose Qf Buyer's
investigation and testing the same. Seller shall make available, UPQn reasonable nQtice, tQ
Buyer and Buyer's agent and contractQrs without charge all records, information and
correspondence in Seller's PQssession relating to the Property and HazardQus Substances
(as hereinafter defined) affecting the Property and Buyer shall have the right tQ interview
those employees of Seller who may have knQwledge of such matters. Buyer shall pay all
costs and expenses of such investigation and testing. Buyer.shall further repair and restore
BL W-254468v9 2
SH155~149
.
any damage to the PrQperty caused by Buyer's testing and return the Property to
substantially the same condition as existed prior to such entry.
5. Easements and Licenses.
5.1 Access Easement. At Closing, Seller shall grant to the City, its succeSSQrs and
assigns, a perpetual, nonexclusive appurtenant easement over that approximately
23-acre parcel Qf land to be retained by Seller and legally described on Exhibit B
hereto attached hereto ("Seller's Retained Parcel") for ingress' and egress tQ the
PrQperty for the benefit of the Property's owners and tenants, and their respective
officers, employees, agents, contractors, guests, invitees, succeSSQrs and assigns
(the "Access Easement"), in the fQrm of Exhibit Cattached hereto.
5.2 Rail Easement. Seller may reserve in the Warranty Deed to be delivered
hereunder a perpetual, nonexclusive appurtenant easement Qver a PQrtion of the
Property to be determined prior to Closing by agreement of Buyer and Seller for
the purpQse Qf constructing, operating, maintaining and removing a railroad spur
line (the "Rail Easement"), in the form of Exhibit D.attachedhereto;
5.3 Water Use License. At CIQsing, Buyer will execute and deliver to Seller a license,
in the form of Exhibit E attached hereto, permitting Seller to draw water from the
Property (the "Water Use License").
6. Closing. The closing of the purchase and sale contemplated by this Agreement (the
"Closing") shall occur on a date and time mutually agreeable to.Buyer and Seller but no
later than December 31, 2004 (the "Closing Date"). The Closing shall take place at the
Qffice of Kennedy & Graven, Chartered, in Minneapolis, MN or at such other place as
may be agreed to by Seller and Buyer. Seller agrees to deliver possession Qf the
Property to Buyer on the Closing Date. Time is Qf the essence.
7. Closing Documents.
7.1 Seller's Closing DQcuments. On the Closing Date, Seller shall execute and deliver to
Buyer the following documents, all in fQrm and content reasonably satisfactory to
Buyer:
7.1.1 Warranty Deed. A Warranty Deed, conveying the PrQperty (including
withQut limitatiQn existing easements appurtenant to the Land) to Buyer,
free and clear Qf all encumbrances, and reserving to Seller the Rail
Easement.
7.1.2 Access Easement. The Access Easement, in form mutually acceptable, to
Buyer and Seller.
7.1.2 AL TA Affidavit. An Affidavit of Title by Seller indicating that on the
Closing Date there are no outstanding, unsatisfied judgments, tax liens or
lJankruPtcie~!!gainst or involving Seller or the Property; thatthere has been
no skill, labor or material furnished to the PrQperty for which payment has
not been made Qr for which mechanics' liens could be filed; and that
BLW-254468v9 3
SH155-149
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there are nQ Qther unrecorded interests in the Property, together with
whatever standard owner's affidavit (ALTA FQrm) which may be required
by Title to issue an Owner's PQlicy of Title Insurance with the standard
exceptiQns waived (other than with respect tQ matters which may be
disclosed by a survey).
7.1.3 Non-FQreign Affidavit. A non-fQreign affidavit, properly executed,
containing such informatiQn as is required by Internal Revenue CQde
Section 1445(b)(2) and its regulations,
7.1.4 DesignatiQn A!2:reement. A DesignatiQn Agreement designating the
"repQrting person" for purposes of completing Internal Revenue Form
1 099 and, if applicable, Internal Revenue Form 8594.
7.1.5 Well Certificate. A Certificate signed by Seller warranting that there are
nQ "Wells" on the Property within the meaning QfMinn. Stat. S 1031 Qr if
there are "Wells," a Well Certificate in the form required by law.
7.1.6 Tank Certificate. If the Property contains or contained a storage
tank, an affidavit with respect thereto, as required by Minn. Stat. ~ 116.48.
7.1.7 Other. All Qther documents reasonably determined by Buyer to be
necessary to transfer the Property to Buyer free and clear of all
encumbrances except those accepted by Buyer pursuant tQ Section 6 Qf
this Agreement.
7.2 Buyer's Closing Documents. On the Closing Date, Buyer will execute and
deliver to Seller the following:
7.2.1. Cash PortiQn Qfthe Bargain Sale. The Cash Portion of the Bargain Sale, by
wire transfer of U.S. Federal Funds, or by cashier's check payable to
Seller, along with other amounts that are the responsibility of Buyer
hereunder.
7.2.2. Water Use License. The Water Use License.
7.2.3 Other DQcuments. All Qther documents reasonably determined by Buyer to
be necessary to transfer the Property to Buyer free and clear of all
encumbrances except those accepted by Buyer pursuant tQ SectiQn 6 of
this Agreement.
8. Prorations. Seller and Buyer agree to the following prorations and allocationQf CQsts
regarding this Agreement:
8.1 Title Insurance and Closing Fee. Buyer shall pay all costs Qf the Title Evidence
and all premiums required for the issuance of any Owner's Title Policy required
by Buyer. Buyer shall pay any reasonable and customary closing fee or charge
imposed by any closing agent designated by Title.
BLW-254468v9 4
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8.2 Deed Tax. Buyer shall pay all state deed tax regarding the Warranty Deed to be
delivered by Seller under this Agreement.
8.3 Real Estate Taxes and Special Assessments. Seller shall pay~on or before the
Closing Date, all special assessments levied, pending Qr constituting a lien against
the Property as of the CIQsing. Date including without limitatiQn any installments
Qf special assessments including interest payable with general real estate taxes
in 2004. Seller shall also pay, Qn Qr before the Closing Date, all outstanding special
assessments payable after 2004 that are levied, pending or cQnstitute a lien as of
the date of this Agreement. Seller shall pay general real estate taxes payable in
2003 and all prior years. General real estate taxes payable in 2004 shall be
prorated by Seller and Buyer as Qf the Closing Date based upon a calendar
fiscal year.
8.4 Recording CQsts. Seller shall pay the CQst Qfrecording,all documents necessary to
place record title in the conditiQn warranted. by Seller in this Agreement. Buyer
shall pay the CQst of recording all other documents.
8.5 Attorney's Fees. Each of the parties shall pay its own attorneys fees.
9. Title ExaminatiQn. Title Examination will be conducted as follows:
9.1 Seller's Title Evidence. It is anticipated that Buyer will procure at Buyer's sole
expense the follQwing items (cQllectively, "Title Evidence")
9.1.1 Title Insurance CQmmitment. A commitment ("Title Commitment") for
an ALTA FQrm Owner's Policy of Title Insurance insuring title to the
Property, deleting standard exceptions and including affirmative insurance
regarding contiguity, access, appurtenant easements and such other
matters as may be required by Buyer, in the amount of the Property
Value, issued by SCQtt County Abstract and Title, Inc. ("Title") and all
appropriate judgment and bankruptcy searches. The Title Commitment
will commit Title to insure title. to the Property free and clear of all
encumbrances. Seller shall deliver to Title. or Buyer an Abstract of Title
to the Property (if available) certified tQ a current date.
9.1.2 Survey. Buyer acknowledges that Seller has delivered to Buyer an ALTA
survey of the Property prepared in 1999. Buyer shall cause to be prepared,
at Buyer's sole cost, a current ALTA survey of the Property, which shall
legally describe and locate Seller's Retained Parcel, the Access Easement
area, and the Rail Easement area.
9.1.3 State Taxes. A report frQm Title or other approved abstracting company
listing all liens for unpaid. sales or withholding taxes on file against Seller
(or against any trade name or business named used by Seller)whichare Qn
file in the offices of the Secretary of State Qf the State of Minnesota or with
the County Recorder for the Scott County, and if the Seller does business
in another County with the County Recorder for that County.
BL W-254468v9 5
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-
9.2 Buyer's Objections. Within ten (10) days after receiving the last Qf the Title
Evidence, but befQre December 31, 2004, Buyer will make written objections
("Objections") to the fQrm and/or contents of the Title Evidence. Buyer's failure
to make Objections within such time periQd will cQnstitute waiver Qf the
Objections. Seller will until December 31, 2004 to cure the Objections. Seller
shall use cQmmercially reasQnable effQrts to correct any Objections. TQ the extent
an Objection can be satisfied by the payment Qf mQney, Buyer shall have the
right to apply a portion Qf the cash payable tQ Seller at the Closing to the
satisfaction of such ObjectiQn and the amount so applied shall reduce the
amount Qf cash payable to Seller at the CIQsing, provided that such amount shall
not exceed $5,000.00. If the ObjectiQns are not cured by or befQre CIQsing,
Buyer will have the optiQn to dQ any Qf the follQwing:
9.2.1 Terminate this Agreement, whereupon Seller shall refund any amount paid
by Buyer tQ Seller pursuant to this Agreement.
9.2.2 Waive the Qbjections and proceed to clQse,
9.3 Title PQlicy. Buyer shall receive at closing the title PQlicy ("Title Policy") issued
by Title pursuant to the Commitment, Qr a suitably marked CQmmitment initialed
by Title Qbligating Title to issue such a Title PQlicy in the form required by the
Commitment as approved by Buyer.
10. Representations and Warranties by Seller. Seller represents and warrants to Buyer as
fQllQws:
10.1 Title to Real Property. Seller owns the Property, free and clear Qf all
encumbrances, except those encumbrances disclosed in the title commitment issued
by First American Title Insurance Company Qn October 26, 2004, as file number
NCS-122398 that have been accepted by Buyer pursuant tQ SectiQn 9 herein.
10.2 Assessments. Seller has received no notice of actual or threatened special
. assessments or reassessments of the Real Property.
10.3 Environmental Laws. TQ Seller's actual knQwledge, no hazardQus substances or
wastes, PQllutants or contaminants (cQllectively, "Hazardous Substances") have
been generated or disposed of on the Property in violation of any Environmental
Law. The term "Environmental Law" shall mean any and all federal, state and
local laws, statutes, codes, ordinances, regulatiQns, rules, PQlicies, CQnsent decrees,
judicial orders, administrative orders or other requirements relating to the
environment. TQ Seller's actual knowledge, there has been no discharge, release Qr
threatened release of Hazardous Substances from the Property, and there are no
Hazardous Substances or conditions in or Qn the Property that may support
a claim or cause of action under any Environmental Law. To Seller's actual
knowledge, the Property is not nQW, and never has been, listed Qn any list of
sites contaminated with Hazardous Substances. To Seller's actual knowledge,
there have been no discharges or releases of Hazardous Substances from Seller's
Retained Parcel Qnto the Property.
BLW-254468v9 6
SHl55-149
lOA ReclamatiQn. To Seller's actual knowledge, all federal, state and local laws and
requirements fQr reclamation and restoration of the Property have been satisfied.
10.5 Rights of Others tQ Purchase PrQperty. Seller has nQt entered. intQ any other
contracts for the sale Qf the Property, nor are there any rights of first refusal
or Qptions to purchase the Property or any other rights Qf others that might
prevent the consummatiQn Qf this Agreement.
10.6 Seller's Defaults. To the actual knowledge of Seller, Seller is nQt in default
concerning any of its obligations or liabilities regarding the Property.
10.7 FIRPTA. Seller is not a "fQreign. person," "foreign partnership," "fQreigntrust" or
"fQreign estate" as those terms are defined in Section 1445 Qfthe Internal Revenue
CQde.
10.8 Proceedings. There is nQ actiQn, litigation, investigatiQn, condemnation or
prQceeding of any kind pending or to the best knQwledge of Seller threatened
against Seller with respect to the Property or against any PQrtion Qf the Property
10.9 Wells. The Seller certifies and warrants that the Seller dQes not know of any
"Wells" on the described Property within the meaning of Minn. Stat. ~' 1031.
This representatiQn is intended to satisfy the requirements Qf that statute.
10.10 Reports. Seller has delivered tQ Buyer copies of all environmental reports and
studies relating to the PrQperty which are in the possession Qf Seller.
10.n Individual Sewage Treatment Systems.' Solely fQr purposes of satisfying the
requirements of Minn. Stat. ~ 115.55 'Seller represents that there is no
"individual sewage treatment system" (within the meaning of that statute) on or
serving the Property.
10.12 Tanks. Seller certifies and warrants that there are nQ underground storage tanks
on the Property.
10.13 Leases. Licenses. Seller certifies and warrants that there are no leases, licenses
or other contractual rights affecting the Property, except with respect to the Ski
Association. A true and accurate copy of the current lease with the Ski
AssQciation has been provided to Buyer.
11. Representations and Warranties of Buyer. Buyer represents and warrants to Seller as
fQllows:
11.1 Organization. The Buyer is a home rule city and political subdivisiQn organized
and existing under its Charter and the Constitution and laws of the State of
Minnesota.
11.2~ Authorization, The governing' body of Buyer has duly authorized the transaction
c()ntemplatedby this'Agreement.
BLW-254468v9 7
SH155.149
.
11.3 Qualification fQr DeductiQn. Buyer is a political subdivision of the State of
MinnesQta within the meaning Qf Section 170(c)(l) of the Internal Revenue
Code of 1986 and the Buyer's use of the Property shall be for a solely public
purpose within the meaning of Section 170( c )(1) of the Internal Revenue Code of
1986.
12. Intentionally Omitted.
13. Condemnation. If, priQr to the Closing, eminent domain, proceedings are commenced
against all Qr any part of the Property, Seller shall immediately give notice to Buyer of
such fact and at Buyer's Qption (to be exercised within thirty days after Seller's
nQtice), this Agreement shall terminate, in which event neither party will have further
obligations under this Agreement. If Buyer shall fail to give such notice then there shall be
no reduction in the Property Value, and Seller shall assign to Buyer at the CIQsing all
Qf Seller's right, title and interest in and to any award made Qr tQ be made in the
condemnation proceedings.
14. IndemnificatiQn.
14.1 Mutual Indemnification. Seller shall indemnify and, hold Buyer harmless frQm all
liabilities (including reasonable attorneys' fees in defending against claims) arising
out of claims by third parties relating to acts, occurrences or Qmissions on, at or
with respect to the Property which Qccur on or before the actual Date of CIQsing
Qr relating to the falsity, inaccuracy Qr breach of any representation or warranty
made by Seller herein, including, without limitation, claims by governmental
authorities with respect to reclamation of the Property. Except as set forth in SectiQn
13.2 hereof, Buyer shall indemnify and hold Seller harmless from all. liabilities
(including reasonable attorneys' fees in defending against claims) arising out Qf
claims by third parties relating to acts or Qccurrences on, at or with respect to
the Property which occur after the actual Date of Closing.
14.2 Hazardous Substances. Notwithstanding any other provision in this Agreement to
the cQntrary, Seller shall indemnify and hold Buyer harmless from all liabilities
occurring after the actual Date of Closing that relate to or arise from any
discharge of HazardQus Substances from Seller's Retained Parcel ontQ the
PrQperty. Seller hereby grants to Buyer the right tQ enter ontQ Seller's Retained
Parcel for the purpose of abating the actual or threatened discharge of Hazardous
Substances onto the Property, and Seller agrees tQ reimburse Buyer for the CQsts
of such abatement, provided that such right of entry and abatement may be
exercised only upon failure Qf the owner of the Burdened Parcel tQ commence
abatement of the actual or threatened discharge of Hazardous Substances within
twenty (20) days after receipt Qf notice that such condition does or may exist on the
Burdened Parcel.
15. Assignment. Seller may not assign this Agreement without the written consent of Buyer
or by Buyer without the written consent of Seller.
16. Notices. Any notice required or permitted hereunder shall be given by personal delivery
upon an authorized representative of a party hereto; or if mailed by United States
BLW.254468v9 8
SH155.149
registered Qr certified mail, return receipt requested, PQstage prepaid; or if transmitted by
facsimile copy followed by mailed notice; or if depo-sited cost paid with a nationally
recognized, reputable Qvemight courier, properly addressed as fQllows:
If to Seller: Aggregate Industries-North Central Region, Inc.
2915 Waters RQad, Ste 105
EaganMN55121
Attn: Bob Bieraugel
With CQPy to: TQdd Anlauf
Oppenheimer, Wolff & Connelly
45 South Seventh Street
MinneapQlis, MN 55402-1609
If to Buyer: City of ShakQpee
Attn: Mark Themig, Director
Parks and Recreation Department
1255 Fuller Street
Shakopee,MN 55379
With Copy to: Larry Wertheim
Kennedy & Graven, Chartered
200 SQuth Sixth Street, #470
Minneapolis, MN 55402
Notices shall be deemed effective on the earlier of the date Qf receipt or the date Qf
deposit, as aforesaid; provided,. hQwever, that if notice is given by deposit, the time for
response to any notice by the other party shall commence to run one business day after
any such deposit. Any party may change its address for the service of notice by giving
notice. of such change 10 days prior to the effective date of such change.
17. Captions. The, paragraph headings Qr captions appearing in this Agreement are for
convenience only, are not a part of this Agreement and are not to be considered in
interpreting this Agreement.
18. Entire Agreement. Modification. This written Agreement constitutes the complete
agreement between the parties and supersedes any prior Qral or written agreements
between the parties regarding the Property. There are no verbal agreements that change
this Agreement and no waiver of any of its tenus will be effective unless in a writing
executed by the parties;
19: Binding Effect. This Agreement binds and benefits the parties and their successors and
assigns.
20. Controlling Law.. This Agreement has been made under the laws of the State of
Minnesota" and such laws will control its interpretation.
21. Remedies. If Buyer or Seller defaults under this Agreement~ Buyer Qr Seller, as the case
may be, shall have the right to terminate this Agreement by giving written notice to the
BLW.254468v9 9
SH155~149
defaulting party. If the defaulting party fails tQ cure such default within 30 days Qf the
date of such notice, this Agreement will terminate. Upon such termination, Buyer or
Seller may pursue such legal or equitable remedies as it deems appropriate in a court Qf
competent jurisdiction. In lieu oftennination, either party may pursue specific perfQrmance. \
22. Non-Merger. It is the intent Qf the parties hereto that, nQtwithstanding delivery of the
Deed to Buyer under this Agreement, the following provisions shall not merge with the
Deed but shall cQntinue to of full fQrce and effect: Sections 10, 11, 12, 14 and 16.
NQtwithstanding the fQregoing, Seller's liability with respect tQ the representations and
warranties enumerated in Section 11 shall be limited to claims arising within one (1)
year of the Date of Closing,
23. Withdrawal of Offer. This Agreement shall be deemed tQ be withdrawn unless accepted by
Seller and a fully executed cQunterpart of this Agreement returned tQ Buyer Qn or before
December 27, 2004.
SELLER AND BUYER HA VB EXECUTED THIS AGREEMENT as of the date first written
above.
SELLER BUYER
AGGREGATE INDUSTRIES-NORTH THE CITY OF SHAKOPEE,
CENTRAL REGION, INC., a Minnesota MINNESOTA, a Minnesota municipal
corpQration corpQration
By: By:
Its: Its:
By:
Its:
BLW-254468v9 10
SH155-149
EXHIBIT A
TO AGREEMENT FOR BARGAIN SALE
LEGAL DESCRIPTION OF PROPERTY
PROPERTY DESCRIPTION, PROPOSED PARCEL B: (to be transferredtQ the City)
That part of the Southwest Quarter of Section 2, TQwnship 115, Range 22, Scott County,
Minnesota, lying southerly Qf the Chicago, St. Paul, MinneapQlis and Omaha Railroad right-Qf-
way and that part Qf the North Half of the Northwest Quarter of Section 11, Township 115,
Range 22, Scott County, Minnesota, lying sQutherly and westerly Qfthe following described line:
Commencing at the northeast CQrner of said NQrth Half of the Northwest Quarter; thence South
0.0. degrees 15 minutes 0.8 seconds West, assumed bearing, along.the east line of said North Half
of the NQrthwest Quarter a distance Qf 191.94 feet tQ the point of beginning of the line to be
described; thence South 86 degrees 26 minutes 19 secQnds West a distance Qf447.75 feet; thence
South 70. degrees 30. minutes 38 seconds West a distance of237.31 feet; thence North 81 degrees
27 minutes 0.5 seconds West a distance Qf 60..0.0. feet; thence North 27 degrees 50. minutes 53
seconds West a distance of 536.99 feet; thence NQrth 0.8 degrees 48 minutes 39 seconds East a
distance of 410..90. feet more Qr less to the southerly right-of-way line of said. railroad and there
terminating.
Subjectto.an easement for railroad spur track over unde~ and acrQSS the. north 60..0.0. feet of the
abQve described property adjacent to the southerly line of said railrQad right-of-way lille.
BLW-254468v8
SH155.149 A-I
EXHIBIT B
To AGREEMENT FOR BARGAIN SALE
Legal Description of Seller's Retained Parcel
PROPERTY DESCRIPTION. PROPOSED PARCEL A, (to be retained by Seller):
That part of the Southwest Quarter of SectiQn 2, Township 115, Range 22, Scott County,
Minnesota, lying southerly of the ChicagQ, S1. Paul, MinneapQlis and Omaha Railroad right-Qf-
way and that part of the North Half of the Northwest Quarter Qf Section 11, TQwnship 115,
Range 22, Scott County, MinnesQta, described as follQws:
Beginning atthe northeast CQmer Qf said NQrth Half Qfthe NQrthwest Quarter; thence South 00
degrees 15 minutes 08 seconds West, assumed bearing, along the east line of said North Half of
the NQrthwest Quarter a distance of 191.94 feet; thence SQuth 86 degrees 26 minutes 19 seconds
West a distance of 447.75 feet; thence SQuth 70 degrees 30 minutes 38 seconds West a distance
of 237.31 feet; thence NQrth 81 degrees 27 minutes 05 seconds West a distance Qf 60.00 feet;
thence North 27 degrees 50 minutes 53 secQnds West a distance of 536.99 feet; thence North 08
degrees 48 minutes 39 secQnds East a distance of 410.90 feet mQre Qr less to the southerly right-
of-way line of said railroad; thence southeasterly along said southerly right-of-way line tQ the
east line of said Southwest Quarter of said SectiQn 2; thence southerly along said east line tQ the
PQint of beginning.
TQgether with an easement for ingress and egress over, under and across the north 60.00 feet of
that part of the Southwest Quarter of Section 2, Township 115, Range 22, SCQtt County,
Minnesota, lying sQutherly Qf the southerly right-of-way line of the Chicago, S1. Paul,
Minneapolis and Omaha railroad and westerly ofthe following described llne:
CQmmencing at the northeast comer of the North Half of the Northwest Quarter of Section 11,
Township 115, Range 22; thence South 00 degrees 15 minutes 08 seconds West, assumed
bearing, along the east line of said North Half of the Northwest Quarter a distance of 191.94 feet;
thence South 86 degrees 26 minutes 19 seconds West a distance of 447.75 feet; thence SQuth 70
degrees 30 minutes 38 seconds West a distance of 237.31 feet; thence N Qrth 81 degrees 27
minutes 05 seconds West a distance of 60.00 feet; thence North 27 degrees 50 minutes 53
seconds West a distance Qf 536.99 feet to the point of beginning of the line tQ be described;
thence North 08 degrees 48 minutes 39 seconds East a distance of 410.90 feet more QrJess tQ the
southerly right-of-way line Qf said railroad and there terminating.
ALSO TOGETHER WITH
That part of the East Half of the Southwest Quarter Qf Section 2, Township 115, Range 22, SCQtt
County, Minnesota, described as follows:
Commencing at the intersection of the east line Qf said East Half of the Southwest Quarter and
the south line Qf State Trunk Highway NQ. 101 right-of-way; thence running west along said
south right-of-way line of said Highway NQ. 101, 100 feet; thence south parallel to said east line
to the north line of the Chicago, S1. Paul, Minneapolis and Omaha Railroad right-of-way; thence
BL W~254468v8
SH155-149 B-1
easterly along said nQrth right-of-way line of said railroad tQ the east line of said East Half of the
Southwest Quarter; thence north on said east line to the place of beginning.
EXCEPTING THEREFROM, the nQrth 380 feet thereof.
,
BLW-254468v8
SH155-149 B-2
EXHIBIT C
TO AGREEMENT FOR BARGAIN SALE
FORM OF ACCESS EASEMENT
ACCESS EASEMENT AGREEMENT
THIS ACCESS EASEMENT AGREEMENT (this "Agreement") is made and entered
into this day Qf December, 2004 ("Effective Date") by and between
AGGREGATE INDUSTRIES-NORTH CENTRAL REGION, INC., a MhmesQta corporation
("Aggregate"), and the CITY OF SHAKOPEE, a hQme rule city and pQlitical subdivision
organized and existing under its Charter and the CQnstitution and laws Qf the State Qf MinnesQta
("City").
RECITALS:
A. Aggregate is the Qwner Qf the real property legally described Qn Exhibit A hereto
and hereby made a part hereof (hereinafter referred to as the "Aggregate Parcel");
B. ContempQraneous herewith, Aggregate is conveying tQ the City the real property
legally described Qn Exhibit B heretQ and hereby made a part hereof (the "City Parcel"). The
City Parcel abuts the Aggregate Parcel.
C. As a condition of the purchase Qf the City Parcel, which dQes not have separate
access to a public street, the City requires, and Aggregate desires to grant to the City, an access
easement over the Aggregate Parcel.
D. Reference herein to "Parcel" or "Parcels" shall mean, respectively, either or both
the Aggregate Parcel and the City Parcel. The owners of the Aggregate Parcel and the City
Parcel shall be referred to herein separately as an "Owner" Qr, collectively, as "Owners"
WITNESSETH:
NOW, THEREFORE, fQr and in cQnsideration of the sum of TEN AND NOll OOTHS
DOLLARS ($10.00) in hand paid and other gQQd and valuable consideration, Aggregate and the
City do hereby agree as fQllows:
1. Aggregate grants untQ the City, its succeSSQrs and assigns, a non-exclusive
appurtenant easement Qn, over, across, and through those PQrtiQns of the Aggregate Parcel
currently used for roadway purposes as generally depicted on Exhibit C attached hereto (the
"Access Area") fQr the passage Qf pedestrians and motor vehicles at all times for the benefit of
the City Parcel and for the benefit of the City, its legal representatives, successors and assigns,
and the future owners of all or any PQrtiQn Qf the City Parcel, and their respective employees,
tenants, guests, visitQrs, and invitees.
2. It is expressly agreed that the easement and rights-of-way hereby granted is
subject to the fQllowing terms and cQnditions:
BLW-255727v8 C-I
SH155.149
2.1. The Access Area and right-of-way granted hereby shall be for the mutual
use. and benefit of Aggregate, its successors and assigns, and the City, its successors. and
assigns, and their respective invitees, licensees, tenants, lessees, custQmers, patrons,
employees, servants, and visitors.
2.2. The driveway currently located on the Access Area ("Driveway") shall be
maintained in its current location throughQut the term of this Agreement. Aggregate, shall
pay all costs Qf maintaining and repairing the Driveway.
2.3. Aggregate may utilize the Access Area for any purpose not inconsistent
with the City's use of the Access Area under the terms granted hereby, provided that
Aggregate agrees that reasonable vehicular and pedestrian access over. and along the
Access Area shall at all times (except temporary interruption for repair Qr restoration) be
maintained and that no barrier which prevents or hinders such access shall be constructed,
maintained, or permitted to exist by Aggregate UPQn the Driveway or the Access Area;
prQvided, however, that access may be limited or restricted by way Qf a locked gate when
personnel of Owner or its tenant are not present on the Aggregate Parcel so long as
Owner has provided to the City a key that permits entry thrQugh said gate. In the event
that Aggregate must interrupt the access tQ the Access Area for repair or restoration of
the Driveway, Aggregate shall notify the City Qf such interruption, giving at least two (2)
business days written nQtice pursuant to the notice provision in this Agreement, and shall
provide alternate tempQrary vehicular and pedestrian. access between the City's' Parcel
and public right-Qf-way over and across Aggregate's Parcel for the duration of said
interruptiQn.
3. Nothing contained in this Agreement shall be deemed to be a dedication Qf any
portion Qf the Access Area to the general public, Qr for the general public, or for any public use
or purpQse whatsoever, it being the intention of the parties hereto that the easement granted
herein shall be strictly limited to and for the purposes herein expressed.
4. The Owner of the City Parcel shall defend, indemnify, protect, and hold the
Owner of the Aggregate Parcel, its. officers, employees, and agents harmless from any and all
loss, cost, or expense (including, but not limited to, attorneys' fees) arising out of claims,
demands,. or causes ofactiQn of every kind and character, resulting from the negligence or willful
misconduct of the emplQyees; cQntractors, agents, or persons acting under the control of the
Owner of the City Parcel. The Owner of the Aggregate Parcel hereby agrees to defend,
indemnify, protect, and hold the Owner Qf the City Parcel, its officers, employees, and agents,
harmless from any and a1l1Qss, cost,. or expense (including, but not limited to, attorneys' fees)
arising out of claims, demands, or causes of action of every kind and character, resulting from
the negligence or willful misconduct of the employees, contractors, agents, or persons acting
under the control ofthe Owner of the Aggregate Parcel. Where personal injury, death, or loss of
or damage to. property is the result of the joint negligence>or willful miscQnduct Qf the Owners of
the Parcels, or persons operating under them as described above, each Owner's duty of
indemnification shall be in prQPortion tQ its allocable share of suchjoint negligence or willful
misconduct.
5. The parties hereto further agree to execute such other documents and instruments
BLW-255727v8 C-2
SH155-149
as are or may become necessary or convenient in order to effectuate and carry out the objectives
Qf this Agreement.
6. All notices, demands, statements, and requests required or permitted to be given
under this Agreement must be in writing and shall be deemed tQ have been properly given Qr
served by hand delivery Qr by depositing same in the United States mail, addressed to the other,
postage prepaid, and registered' Qr certified mail, return receipt requested, at the following
addresses:
If to Aggregate: Aggregate Industries-NQrth Central Region, Inc. '
2915 Waters Road, Ste 105
Eagan MN 55121
Attn: Bob Bieraugel
With copy to: Todd Anlauf
Oppenheimer, WQlff & Connelly
45 SQuth Seventh Street
Minneapolis, MN 55402-1609
If to the City: City Qf Shakopee
Attn: Mark Themig, DirectQr
Parks and Recreation Department
1255 Fuller Street
Shakopee, MN 55379
With Copy to: James 1. Thomson
Kennedy & Graven, Chartered
200 South Sixth Street, #470
Minneapolis, MN 55402
At such time as any party heretQ transfers, encumbers, or mQrtgages its respective Parcel, Qr any
portion thereof, the Owner of such Parcel shall s~nd notice to the other of the name and address
of such transferee or mortgagee and, thereafter, notices required or permitted hereunder shall be
sent to such transferee or mortgagee. Until such time as such notice is sent to the other, the
transferring Owner shall be deemed to be the agent for his respective transferees and/Qr
mortgagees for the purpQse Qf service of notice hereunder. All notices, demands, and requests
shall, except as hereinafter set forth, be effective upon hand delivery or, as the case may be, upon
being deposited in the United State mail in accQrdance with the prQvisionshereof.
7. None of the terms Qr provisions of this Agreement shall be deemed to create a
partnership between the Owners in their respective businesses or Qtherwise, nQr shall it cause
them tQ be considered joint venturers Qr members Qf any joining enterprise.
8. Invalidation of any of the provisions contained in this Agreement, or of the
application thereQfto any perSQn Qr party by judgment or court order, shall in no way affect any
BLW-255727v8 C-3
SH155-149
.
Qfthe other provisions hereof Qr the applicationthereQftQ any other person Qr party and the same
shall remain in full force and effect.
9. If there shall be a default in the full, faithful, and punctual performance of any
obligation required hereunder; and, if, at the end of thirty (30) days (except in case Qf
emergencies, in which event reasonable notice shall be required) after receipt Qf written notice
frQm the nQndefaulting Owner stating with particularity the.nature and extent of such default, the
defaulting Owner has failed to cure such default; and, if a diligent effQrt is. not then being made
to cure such default, then any owner, or the party tQ whom its authQrity has been delegated, shall
have, in addition tQ all remedies it may have at law or in equity, the right to perform such
Qbligation pursuant to this Agreement Qn behalf Qf such defaulting Owner and to be. reimbursed
by such defaulting Owner for the CQst thereof.
10. All rights and remedies set forth in this Agreement are cumulative, and shall be
deemed to be in addition to any and all other rights and remedies at law or in equity, and shall
include (without regard to the notice and cure prQvisions provided for above) the rightto restrain
by injunction any violation Qr threatened viQlation of any of the terms, cQvenants, Qr conditions
of this Agreement and to enforce specific performance Qf any such terms, covenants, Qr
conditiQns.
11. It is agreed and understoQd that until this Agreement is fully executed by both
parties hereto and fully-executed counterparts hereof delivered each to the other, there is not and
shall not be an agreement of any kind between such parties upon which any commitment,
undertaking, or Qbligation could or may be founded. It is further agreed and understood that
upon such full executiQn and delivery, this Agreement shall cQntain the entire agreement
between the parties hereto; and, that in executing this Agreement, the parties hereto are not
relying uPQn any statement, promise, or representation not specifically expressed herein; and,
that uPQn such full execution and delivery, this Agreement shall not be modified, changed, or
altered in any respect except by a instrument executed and delivered in the same manner as
required for this Agreement.
12. This Agreement and the Access Area (and rights granted, sold, and conveyed
hereby) shall be appurtenant to the City Parcel and shall run with the City Parcel and the
Aggregate Parcel, and shall be binding upon and inure to the benefit of the Owners of the City
Parcel and the Aggregate Parcel and their respective, agents, representatives, successors and
assigns.
13. Term. This Access Easement shall terminate on the tenth anniversary Qf the
Effective Date hereof ("Termination Date"), subject to earlier termination as fQllows, Owner
may terminate the Access Easement after the fifth anniversary of the Effective Date hereof at
such time as Owner in its sole discretion CQmmences constructiQn of a spur rail line on the
Aggregate Parcel, provided that Owner shall give sixty days' priQr written notice tQ the City of
the commencement of such construction and termination of the Access Easement.
14. Due AuthorizatiQn and Authority. Aggregate and the City hereby represent and
warrant, to each other that this instrument has been duly and validly authorized by their
respective governingbQdies,thateach has the properly authority to enter into this instrument,
and that this instrument constitutes. the valid, legal, and binding agreement of said party,
BLW-2SS727v8 C-4
SHlSS~149
enforceable in accordance with their terms, except as the same may be limited by bankruptcy,
insolvency, reorganization, or other la,ws relating to or affecting creditQrs' rights generally.
TO HAVE AND TO HOLD said Access Area, subject as aforesaid, unto the City, its
successors and assigns, subject to the terms and provisiQnsherein.
EXECUTED by the parties in duplicate Qriginal counterparts on the dates set forth in the
acknowledgments hereinbelQw, but made effective fQr all purposes as of this _ day of
December, 2004.
AGGREGATE INDUSTRIES-NORTH
CENTRAL REGION, INC
By:
Name:
Title:
STATE OF MINNESOTA }
sS.:
COUNTY OF HENNEPIN
This instrument was acknowledged before me on the day Qf ,
2004, by , the , Qf
AGGREGATE INDUSTRIES-NORTH CENTRAL REGION, INC., a MinnesQta corpQratiQn,
on behalf Qf said corporatiQn.
NQtary Public - State of MimiesQta
[SIGNATURE/ACKNOWLEDGMENTP AGE
FOR CITY OF SHAKOPEE ON FOLLOWING PAGE]
BLW-255727v8 C-5
SH155-149
CITY OF SHAKOPEE, MINNESOTA
By
Its
STATE OF MlNNESOTA }
ss.:
COUNTY OF
The foregoing instrument was acknowledged befQre me this day of
, 2004 by the
of ahQme rule city
and pQlitical subdivision Qrganized and existing under its Charter and the Constitution and laws
of the State of Minnesota, on behalf of said city.
Notary Public
This document drafted by:
Kennedy & Graven, Chartered
470 Pillsbury Center
MinneapQlis, MN 55402
BLW-2SS727v8 C-6
SHlSS-149
EXHIBIT A
To Access Easement Agreement
Legal Description of Aggregate Parcel
That part Qf the SQuthwest Quarter of Section 2, Township 115, Range 22, Scott CQunty,
Minnesota, lying sQutherly of the Chicago, S1. Paul, Minneapolis and Omaha Railroad right-of-
way and that part of the NQrth Half of the Northwest Quarter Qf SectiQn 11, TQwnship 115,
Range 22, Scott County, Minnesota, described as follows:
Beginning at the nQrtheast comer of said North Half Qfthe Northwest Quarter; thence SQuth 00
degrees 15 minutes 08 secQnds West, assumed bearing, along the east line of said North Half Qf
the Northwest Quarter a distance Qf 191.94 feet; thence South 86 degrees 26 minutes 19 seconds
West a distance of 447.75 feet; thence South 70 degrees 30 minutes 38 seconds West a distance
Qf 237.31 feet; thence North 81 degrees 27 minutes 05 seconds West a distance of 60.00 feet;
thence NQrth 27 degrees 50 minutes 53 seconds West a distance of 536.99 feet; thence North 08
degrees 48 minutes 39 secQnds East a distance of 410.90 feet mQre Qr less to the southerly right-
of-way line Qf said railroad; thence sQutheasterly along said southerly right-of-way line tQ the
east line of said Southwest Quarter Qf said Section 2; thence sQutherly along said east line to the
point Qf beginning.
TQgether with an easement fQr ingress and egress over, under and acro'ss the north 60.00 feet of
that part of the Southwest Quarter of Section 2, TQwnship 115, Range 22, Scott CQunty,
Minnesota, lying southerly Qf the sQutherly right-of-way line of the Chicago, S1. Paul,
Minneapolis and Omaha railroad and westerly of the following described line:
Commencing at the northeast CQmer Qf the North Half of the Northwest Quarter Qf SectiQn 11,
Township 115, Range 22; thence South 00 degrees 15 minutes 08 seconds West, assumed
bearing, along the east line of said North Half of the Northwest Quarter a distance of 191.94 feet;
thence South 86 degrees 26 minutes 19 secQnds West a distance Qf 447.75 feet; thence South 70
degrees 30 minutes 38 seconds West a distance Qf 237.31 feet; thence North 81 degrees 27
minutes 05 secQnds West a distance of 60.00 feet; thence North 27 degrees 50 minutes 53
seconds West a distance Qf 536.99 feet to the PQint of beginning of the line to be described;
thence North 08 degrees 48 minutes 39 seconds East a distance of 410.90 feet more or less to the
southerly right-of-way line of said railroad and there terminating.
ALSO TOGETHER WITH
That part of the East Half of the Southwest Quarter Qf Section 2, Township 115, Range 22, Scott
County, Minnesota, described as follows:
Commencing at the intersectiQn of the east line of said East Half Qf the Southwest Quarter and
the south line of State Trunk Highway No. 101 right-of-way; thence running west along said
south right-of-way line of said Highway No. 101, 100 feet; thence SQuth parallel to said east line
to the north line of the Chicago, St. Paul, Minneapolis and Omaha Railroad right-of-way; thence
easterly along said north right-of-way line of said railroad to the east line of said East Half Qf the
Southwest Quarter; thence north on said east line to the place of beginning.
BLW-255727v8 C-7
SHlSS-149
.
EXCEPTING THEREFROM, the north 380 feet thereof.
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SH155~149
.
EXHIBIT B
To Access Easement Agreement
Legal Description Qf City Parcel
PROPOSED PROPERTY DESCRIPTION, PARCEL B: (to be transferred to the City of Shakopee).
That part of the Southwest Quarter of Section 2, Township 115, Range 22, Scott County, Minnesota, lying southerly
of the Chicago, St. Paul, Minneapolis and Omaha Railroad right-of-way and that part of the North Half of the
Northwest Quarter of Section 11, Township 115, Range 22, Scott County, Minnesota, lying southerly and westerly
of the following described line:
Commencing at the northeast comer of said North Half of the Northwest Quarter; thence South 00 degrees 15
minutes 08 seconds West, assumed bearing, along the east line of said North Half of the Northwest Quarter a
distance of 191.94 feet to the point of beginning of the line to be described; thence South 86 degrees 26 minutes 19.
seconds West a distance of 447.75 feet; thence South 70 degrees 30 minutes 38 seconds West a distance of237.31
feet; thence North 81 degrees 27 minutes 05 seconds West a distance of 60,00 feet; thence North 27 degrees SO
minutes 53 seconds West a distance of 536.99 feet; thence North 08 degrees 48 minutes 39 seconds East a distance
of 41 0.90 feet more or less to the southerly right-of-way line of said railroad and there terminating.
Subject to an easement for railroad spur track over under and across the north 60.00 feet of the above described
property adjacent to the southerly line of said railroad right-of-way line.
BLW-255727v8 C-9
SH155-149
.
EXHIBIT C
To Access Easement Agreement
Depiction Qf Access Area
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SHl55-149 C-IO
.
EXHIBIT D
TO AGREEMENT FOR BARGAIN SALE
FORM OF RAIL EASEMENT
To be reserved in.WarrantyDeed
[TO BE INSERTED INTO WARRANTY DEED]
TO HAVE AND TO HOLD the Subject Property, together with all and singular the
rights and appurtenances thereunto in anywise belQnging, unto Grantee, its succeSSQrs and
assigns, fQrever; and GrantQr dQes hereby bind itself, its successors and assigns, to warrant and
fQrever defend, all and singular, the Subject PrQperty untQ Grantee, its succeSSQrs and assigns,
against every person whomsoever lawfully claiming Qr tQ claim the same or any part thereof, by,
through or under GrantQr, but not Qtherwise, subject, hQwever, to the Permitted Exceptions, the
Rail Easement and the other matters detailed herein.
RESERVATION OF RAIL EASEMENT
Grantor hereby reserves, and by acceptance of this Deed Grantee hereby acknowledges and
agrees that the Property herein cQnveyed is and shall be subject tQ, a non-exclusive easement (the
"Rail Easement") Qver and across the nQrth 60,00 feet adjacent to the southerly line of said
railroad right-Qf-way Qf the Subject Property (the "Rail Easement Area"), for the benefit of the
owner, and its successors and assigns ("Owner") of that certain property legally described in Exhibit
C hereto (the "Retained Parcel"), for the purpose of installing, operating, maintaining, repairing and
remQving a spur railroad track ("Permitted Use"), subject to the fQllowing terms.
A. The Rail Easement shall be used only for the Permitted Use and the Permitted Use
shall be sQlely fQr the benefit of the owner Qf the Retained Parcel.
B. Owner shall pay all expenses fQr the installatiQn, operation, maintenance, repair
and removal of any imprQvements constructed Qr placed in, under or UPQn the
Rail Easement Area. Owner shall cQmply with all federal and state transportation
and safety regulations and shall obtain and comply with the terms of all permits,
licenses and other approvals required to CQnstruct and operate a railrQad spur
track.
C. Owner shall keep the Rail Easement Area and the Permitted Use in good
cQnditiQn, free from debris and hazardQus objects. UpQn construction or
installation of railroad tracks, Owner will construct a fence along the sQutherly
boundary of the Rail Easement Area designed and maintained to prevent persons
other than Owner, its emplQyees, contractors, and agents from accessing the Rail
Easement Area during periQd when rail cars are present within the Rail Easement
Area.
BL W-254468v8
SH155-149 E-1
.
D. Owner shall, keep the.Rail Easement Area free frQm hazardQus substances, wastes,
pollutants and contaminants (collectively, '~Hazardous Substances"). Owner
shall indemnify and hold Grantee, its officers, employees, and agents, and their
successors and assigns, harmless frQm all liabilities that relate tQ or arise from any
discharge of Hazardous Substances
E. Owner shall defend, indemnify, protect, and hold Grantee, its officers, employees,
and agents, and their succeSSQrs and assigns, harmless from any and all loss, CQst,
Qr expense (including, but not limited to, attQmeys' fees) arising out of claims,
demands, Qr causes of action of every kind and character, resulting from the acts
Qf the employees, cQntractors, agents, Qr. perSQns acting under the control of the
Owner on Qr relating tQ the Rail Easement Area.
F. If there shall be a default in the full, faithful, and punctual performance of any
obligation required hereunder; and, if, at the end of thirty (30) days (except in
case of emergencies, in which event reasonable notice shall be required) after
receipt of written nQtice from owner of the Subject PrQperty stating with
particularity the nature and extent of such default, Owner has failed to cure such
default; and, if a diligent effQrt is nQt then being. made to cure such default, then
the Qwner Qf the Subject Property, or the party to whQm its authority has been
delegated, shall have, in additiQn to all remedies it may have, at law or in equity,
the right to perform such. Qbligation on behalf Qf Owner and tQ be reimbursed by
such Owner fQr the CQst thereof.
G. The.Rail Easement shall,be appurtenant to.the Retained Parcel and shall run with
the Subject Property and the Retained Parcel, and shall be binding upon and inure
to the benefit Qf the owners of the Subject Property and the Retained Parcel and
their respective, agents, representatives, successors and assigns. The term of the
Rail Easement and the obligations of the parties hereunder shall be perpetual.
BLW-254468v8
SH155-149 E-2
EXHIBIT E
TO AGREEMENT FORBARGAIN SALE
FORM OF WATER ACCESS LICENSE
WATER ACCESS LICENSE
This License ("License") is made this _ day Qf , 2004 ("Effective Date"),
between Aggregate Industries - NQrth Central Region, Inc., a Minnesota corporation
("Licensee") and City of Shakopee ("Licensor").
RECITALS
Licensor and Licensee entered intQ that certain Purchase Agreement dated _, 2004
("Purchase Agreement").
As consideratiQn for Licensee entering intQ the Purchase Agreement, Licensor agreed to grant
this License to Licensee.
AGREEMENT
License. Licensor hereby grants to Licensee a license to enter onto that certain real
prQperty cQnsisting of apprQximately 111.425 acres, located in the City Qf Shakopee, Scott
County, Minnesota, as legally described on the attached Exhibit "A" and depicted Qn Exhibit "B"
(the "Property"), for the sole purpQse Qf accessing the quarry lake and Qbtaining water for dust
control and similar uses on the Seller's Retained Property.
Term. This License shall have a term of twenty five (25) years from the Effective Date
unless terminated earlier pursuant tQ Paragraph 9 below.
Use of Property. Licensee shall enter the Property solely for the purpose of collecting
water from Quarry Lake.
Assignment. This License is assignable or transferable to any tenant that Licensee shall
have on the Seller's Retained Property.
Alterations. Licensee may not make any alterations to the PrQperty without the prior
written consent of Licensor.
Insurance. Licensee shall carry CQmprehensive General Public Liability Insurance
cQvering the legal liability Qf LicensQr against claims for bodily injury, death Qr property damage
occurring on, in or about the Property fQr a limit of at least One Million Dollars ($1,000,000.00)
single limits, bodily injury and/Qr site damage cQmbined. Licensee shall ensure that any tenant
on Seller's Retained PrQperty shall maintain the same coverage.
BLW-254468v8
SH155-149 E-I
Default. If Licensee violates any of. the terms herein, Licensor may terminate this
License by providing written notice of such termination to Licensee pursuant to Paragraph 10
below.
Notices. All notices shall be in writing and 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 (3rd)
business day after mailing or the date of the return receipt acknowledgement, if mailed by first
class mail, PQstage prepaid, by certified or registered mail, return receipt requested; (iii). Qn the
date of transmission, if sent by facsimile; or (iv) on the day after delivery tQ Federal Express or
similar overnight cQurier or the express mail service maintained by the. United States PQstal
Service. If a party delivers a notice in a different manner than described in the. preceding
sentence, notice shall be effective as Qfthe.date that the other party actilally receives the notice.
The party sending the nQtice shall also fax Qr mail a copy Qfthe notice to the parties' respective
attorney via first class United States mail. Notice shall be made to the addresses set fQrth below:
If to Licensee: Mr. Bob Bieraugel
Aggregate Industries - North Central RegiQn, Inc.
Suite 105
2915 Waters Road
Eagan, MN 55121
PhQne: (651) 683-8123
Fax: (651}683-8192
with a CQPyto: Todd Anlauf, Esq.
Oppenheimer Wolff & Donnelly LLP
Plaza VII, Suite 3400
45 South 7th Street
Minneapolis, MN 55402
Phone: (612}607-7406
Fax: (612) 607-7100
If to Licensor: City ofShakQpee
City of Shakopee
Attn: Mark Themig, Director
Parks and RecreatiQn Department
1255 Fuller Street
Shakopee,MN 55379
with a copy to:James J. ThomsQn
Kennedy & Graven, Chartered
200 South Sixth Street, #470
Minneapolis, MN 55402
Use. CQnditions, Licensee hereby agrees to comply with all federal and state. safety
regulations. including, but not limited to, the Federal Occupational Safety & Health Act and the
Federal Mine Safety & Health Act. Licensee further agrees that he will restrict his presence on
BLW-254468v8
SH155-149 E~2
the PrQperty to the shortest amQunt Qf time necessary to Qbtain the necessary water. Licensee
further agrees to keep the gate clQsed and IQcked when he is nQt Qn the Property.
IndemnificatiQn. Licensee hereby agrees to defend, indemnify and hold harmless
Licensor, its directors, Qfficers, emplQyees, agents, cQntractQrs,subcontractors, licensees,
invitees, successors and assigns ("Indemnified Parties") from and against any and all claims,
IQsses, damages, liabilities, judgments, CQsts and expenses (including, without limitation,
attorneys' fees and costs incurred in the investigation, defense and settlement Qf claims) incurred
by the Indemnified Parties as a result of or in cQnnectiQn with the activities of Licensee or his
guests Qn the Property. Licensee shall bear, pay and discharge, as and when the same becQme
due and payable, any and all such judgments Qr claims for damages, penalties or otherwise,
against the Indemnified Parties, shall hQld the Indemnified Parties harmless against all claims,
IQsses, damages, liabilities, costs and expenses, and shall assume the burden and expense of
defending all suits, administrative prQceedings and negotiations of any description with any and
all persons and entities. This indemnificatiQn shall remain in full force and effect and shall
survive the early termination Qr expiratiQn of this License.
(SIGNATURE PAGE FOLLOWS)
BLW-254468v8
SH155-149 E-3
.
.
LICENSOR
CITY OF SHAKOPEE
LICENSEE
AGGREGATE INDUSTRIES- NORTH
CENTRAL REGION, INC.,
a MinnesQta corporatiQn
By:
Name:
Its:
By:
Name:
Its:
BLW-2S4468v8
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.
EXHIBIT "A"
PROPERTY DESCRIPTION, PARCEL B
That part of the Southwest Quarter Qf SectiQn 2, T Qwnship 115, Range 22, SCQtt CQunty,
MinnesQta, lying southerly of the ChicagQ, S1. Paul, MinneapQlis and Omaha Railroad
right-of-way and that part of the North Half of the NQrthwest Quarter of SectiQn 11,
Township 115, Range 22, SCQtt CQunty, Minnesota, lying southerly and westerly of the
following described line:
Commencing at the northeast CQmer Qf said NQrth Half of the NQrthwest Quarter; thence
SQuth 00 degrees 15 minutes 08 seconds West, assumed bearing, alQng the east line Qf
said North Half of the Northwest Quarter a distance of 191.94 feet to the point of
beginning Qfthe line to be described; thence SQuth 86 degrees 26 minutes 19 secQnds
West a distance Qf 447.75 feet; thence South 70 degrees 30 minutes 38 seconds West a
distance of 237.31 feet; thence NQrth 81 degrees 27 minutes 05 seconds West a distance
of 60.00 feet; thence North 27 degrees 50 minutes 53 seconds West a distance of 536.99
feet; thence North 08 degrees 48 minutes 39 seconds East a distance Qf 410,90 feet mQre
or less to the southerly right-of-way line of said railroad and there terminating.
Subject to an easement for railroad spur track Qver under and across the nQrth 60.00 feet
of the above described property adjacent to the southerly line Qf said railroad right-of-
way line.
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SHlSS-149 E-5
,
.
EXHIBIT "B"
(INSERT DEPICTION OF PROPERTY LOCATION)
10 ~l eRO~\\C)! 10
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SHl55-149 E-6
Ie3: 776250 vOl 09/12/2001
~ '.
cc.
cc. 17th AVENUE SPORTS COMPLEX BUILDING DESIGN AND COST ESTIMATES
Earlier this year, the city retained the services of BKVGrou~ to.design and administer
construction of the restroom and support building at the 1 i Avenue Sports Complex.
Paul Dahlberg from BKV Group is the project architect.
Proposed Design
We met with the Soccer Association and park maintenance staff to develop design
concepts that would meet the needs of current and future park users, and at the same
time, minimize short and long-term maintenance. In addition, we wanted to ensure that
the building was designed with quality materials that were similar to the two existing
adjacent schools and the future Shakopee Public Utilities well buildings.
BKV developed three concept plans that were reviewed by future users and staff. In
addition, we had a neighborhood open house to present the concept plans. Although the
open house was not well attended (only one family), their comments about ensuring the
building had some architectural detail and reduced doors on the residential side were
integrated into the proposed design.
We presented a final design to the Parks and Recreation Advisory Board in June that
included:
. Two buildings that are separated by a canopy.
. Restrooms, storage areas, small meeting area, and concession area,
. Large patio with picnic tables for seating.
. Brick and block exterior using similar materials found on other adjacent buildings,
. Metal roof.
. Dumpster enclosure to be constructed using two parking stalls in the parking lot to
meet city code.
. Seasonal use (no heat).
The Advisory Board had considerable discussion about whether the structure should be
integrated into one building instead of two to reduce costs, the design of the canopy, and
whether or not the building should be heated for winter use. They directed staff to return
with more information on each of these items (Attachment A),
Two Buildin s
$346,147
$344,357
$347,359
Heatina for Winter Use
In order to heat the building for winter use, the building would need to be
combined. The least energy efficient heating option would be $27,355.Themost
efficient would be $40,655.
. !
Other uses for the site during the winter:
. Flooding a turf area for winter skating use would have detrimental effects on
the turf.
. Cross-country skiing is not an activity the city (or many other cities) provides.
This site could function for instruction or beginner cross-country skiing, but
the most attractive sites have a mix of terrain and more natural areas.
. Snowmobiles are not permitted in park areas, although we could do training
under a special use permit. However, snowmobiles could also damage the
turf.
. Trails would be plowed for walking, which was a popular activity last winter.
The Advisory Board recommended that we proceed with the two building design and not
heat the building. This fall, we returned with a revised canopy design that they
recommended for approval. The final proposed design is provided as Attachment B.
Cost Estimate
The cost estimate for the construction of the building, canopy, and dumpster enclosure,
relocating existing irrigation controls, and site improvements is $424,510. This is a
reduction from the original estimate of $448,000. However, it is still a substantial cost for
a season building,
For comparison of construction costs, I received the bid information from Shakopee
Public Utilities for their well building along 17th Avenue. Their low bid was $560,820.
REQUESTED ACTION
City Council is asked to provide direction regarding the design and cost estimates for the
proposed 1 th Avenue Sports Complex building.
If inclined to move ahead with the proposed design, move to authorize construction
documents and bidding for the 1 th Avenue Sports Complex building.
I ~
CITY OF SHAKOPEE
MEMORANDUM
To: Parks and Recreation Advisory Board
From: Mark Themig, Parks, Recreation & Facilities Director
Meeting Date: June 28, 2004
Subject: 1th Avenue Sports Complex Building Design
INTRODUCTION
The Advisory Board is asked to review and discuss the proposed. design for the 1 th
Avenue Sports Complex building.
BACKGROUND
Earlier this year, City Council authorized requests for proposals (RFP's) for design ofthe
building at the 1 th Avenue Sports Complex. We received five proposals and selected
BKV Group, which was the low proposal. Paul Dahlberg and Chan Scholz have been the
architects working on the design.
We have been meeting with BKV, members of the soccer association, and our park
maintenance division to discuss how the site will be used and identify the design
elements and considerations:
. The facility will likely be used seven days/week for practice, games, and
tournaments. The Soccer Association believes that there will be facility requests for
tournaments nearly every weekend.
. Restrooms, a general meeting space/tournament headquarters, concessions, and
storage for both city and user groups is needed.
. Access and sightlines to a majority of the fields is important.
. The building needs to be constructed with durable, commercial-grade materials to
stand up against abuse and potential vandalism.
. Access to pipe runs and mechanical areas is importantfor maintenance and repairs.
The controls for the irrigation well and irrigation system need to be moved inside the
building from the temporary cabinets.
. There would be no need to heat the building, since it would not be used during the
winter.
. The building design should incorporate similar materials to that of Sun Path
elementary and the future well houses.
. There would be a need for some sheltered/protected areas in the event of inclimate
weather.
. Rather than one large building. on the site, having separate structures would reduce
the scope of the building.
. A separate trash enclosure is needed in order to comply with city code.
BKV's contract required three concept plans. Working with these design considerations,
BKV presented a preliminary plan, took our suggestions, and returned with three
concept plans. We scheduled a neighborhood and user group meeting for June 3 to
solicit input pn the concept plan~~ However, even with sending over 60 invitations to
1
adjacent residents and notifying the Soccer Association, only two people attended the
open house to provide input. Their recommendations included relocating some of the
doors from the southwest side of the building, and merging the roof designs from two of
the concept plans.
DISCUSSION
Building Design
The attached drawings show the proposed location and design of the building. I will have
colored drawings for Monday's meeting, as well as a to-scale sight plan. Key items in the
proposed design include the following: I
. The building is "off set" to provide sightlines to most fields from the
meeting/tournament headquarters room.
. The canopy provides some sheltered areas while still allowing open seating on the
concrete pad surrounding the buildings,
. There are five lavatory fixtures in each of the restrooms.
. The concession stand would allow for the sale of most pre-packaged food products
and minor food preparation. There are no fryers, grills, etc. due to the cost of these
items.
. Two storage areas are being provided. One is a flexible space that can be adjusted
based on need and shared between the city and user groups. The other is a
storage/building maintenance area.
. Due to the frequent vandalism of our existing asphalt shingle roofs and the curved
design of the proposed roof, the standing seam metal is proposed to ensure
maximum longevity.
. Trench drains are proposed for the restrooms for ease of cleaning and upkeep.
. The building would be constructed with a combination of rock-face block and brick.
. A separate trash enclosure constructed with the same materials is proposed.
Building Estimated Cost
The estimate for the building and trash enclosure as shown is:
Two buildings and pad $347,000
Covered canopy area $ 51,000
Covered trash enclosure $ 16,000
Site work $ 34.458
Total $448,458
The 2004 CIP contains only $350,000. However, when we prepared the CIP last year,
we had no recent experience with constructing buildings of this type. Since that time, I
have had an opportunity to tour several other communities, and this cost is not
uncommon, For example, the City of Shoreview completed a building to service four
baseball fields that cost $410,000 in 2000. The City of Shorewood constructed a building
for a soccer and softball complex in the late 1990's that cost approximately $350,000.
In speaking with Mr. Dahlberg, we could make several modifications to lower the cost:
a, . Combine the structures into one large building
b. Eliminate the canopy area
c. Change the roof from curved to a traditional sloped roof and use asphalt shingles
d. Eliminate the concession, meeting room spaces, or storage
e. Reduce the number of fixtures
Options a.-c. are primarily architectural changes, Items d, and e. are both functional as
well as architectural and will impact the building's ability to serve proposed site uses.
!
The estimate for the building does include an accuracy "margin" of approximately
$26,000, and $11,800 in site work costs for sanitary sewer, although the sanitary sewer
has been installed to the building site as part of Phase 1. This provides a possible
reduction of $37,800 in cost. Also, Shakopee Public Utilities is currently out for bid for
their pump house along 1 ih Avenue. If the contract that gets the SPUC building is
interested in bidding on this building, it may result in a better bid for the city since they
will already be on site.
The updated 2004-2009 CIP that you will be reviewing on Monday has the increased
costs for the building incorporated. With several unknowns regarding timeline for
constructing Huber Park improvements and land acquisition, it appears that the
increased funding needed for the building would be available by staging 'other projects.
REQUESTED ACTION
The Advisory Board is asked to review the proposed building, provide direction to staff
on any changes and the proposed budget, and make a recommendation to City Council.
Jl BKV
GROUP
Architecture
Interior Design
Engineering
Boarman
Kroos
Vogel
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~Il ~ Ine.
0 222 North Second Sire!!'
L Minneapolis, MN 55401
Telephone: 612.339.375:
I~ FacslmRe: 612.339.621:
www.bkvgroup.com
COHSULTANTS
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PROJECTmW
CITY OF SHAKOPEE
SOCCER
~ COMPLEX
SHAKOPEE, MN
l~ SHEET TITLE
SITE PLAN
PRELIMINARY
NOT fOR
~ CONSTRUCTION
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GROUP
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Boarman
Kroos
Vogel
GrouP
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222 Nortlt Second Slree
Minneapolis. MN 55401
Telephone: 612.339.375,
facsJmDe: 6t2.339.621,
www.bkvgroup.com
CONSULTANtS
PROJECT TITLE
CITY OF SHAKOPEE
SOCCER
COMPLEX
SHAKO PEE, MN
SHEETTfIlE
/
/ FLOOR PLAN
/ PRELIMINARY
~ /
~ / 0 NOT fOR
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PROJ ECT: 1536.03 Option 4 Includes Canopy 11/18/2004
ACTUAL EST. $424,510
$500,000
SITE SITE (ACRES) 0.34
BUILDING TOTAL BUILDING (SF) 1,804 EST COST/SF 277.16
Option 4 0 ACT. COST/SF 235.32
0 ACT. COST/SF 0.00
0
0
0
SECTION DESCRIPTION .. QUANTITY UNIT UNITPRICE SUBTOTALS TOTALS
"'...".".,
GENERAL CONDITIONS SUPERVISION 24.0 WKS $ 1 ,625.00 $39,000 $51,672
TRAILER 5.0 MOS. $ 300.00 $1,500
BLUEPRINTING 3.0 MOS. $ 125.00 $375
PHONE 5.0 MOS. $ 100.00 $500
OFFICE SUPPLIES 5.0 MOS. $ 50.00 $250
GENERAL CLEAN-UP 1,804 SF $ 0.10 $180
FINAL CLEAN-UP 3,388 SF $ 0.30 $1,016
DUMPSTERS 8.0 MOS. $ 450.00 $3,600
TEMP. ELECTRIC 5.0 MOS. $ 750.00 $3,750
TEMPORARY TOILETS 5.0 MOS. $ 300.00 $1,500
CITY AND TESTING BUILDING PERMIT 2 LS $ 1,500.00 $3,000 $8,750
PLAN REVIEW 1 LS $ 750.00 $750
SURVEY & LAYOUT 1.25 LS $ 2,000.00 $2,500
TESTING 1 LS $ 2,500.00 $2,500
EXCAVATION $9,999
CANOPY FOOTINGS 8 EA $ 250.00 $2,000
BUILDING FOOTINGS 272 LF $ 11.00 $2,992
STRIP TOP SOIL (8") 80 CY $ 16.50 $1,320
BACKFILL 177 CY $ 10.00 $1,768
EROSION CONTROL 340 LF $ 3.75 $1,275
6" SAND CUSHION 64 TN $ 10.00 $644
CONCRETE EXTERIOR $25,110
CONCRETE SLAB 6,696 SF $ 3.75 $25,110
STORM $1,800
LANDSCAPE RESTORATION 450 SY $ 4.00 $1,800
CONCRETE $18,756
FOOTINGS 242 LF $ 20.00 $4,840
COLUMN DIAMONDS 8 EA $ 50.00 $400
COLUMN GROUTING 8 EA $ 35.00 $280
COLUMN SHAFTS CANOPY 180 LF $ 32.00 $5,760
COLUMN GROUTING CANOPY 8 EA $ 35.00 $280
5" SLAB (SEALED) 1,804 SF $ 3.50 $6,314
SAW CUT SLAB JOINTS 150 LF $ 2.65 $398
RIGID INSULATION - PERIMETER 968 SF $ 0.50 $484
MASONRY STOOPS 830 SF $ 9.00 $7,470 $88,404
BELOW GRADE BLOCK 1,089 SF $ 9.00 $9,801
ABOVE GRADE BLOCK 2,965 SF $ 9.00 $26,685
INTERIOR BLOCK 1,140 SF $ 9.00 $10,260
TYPE I NORMAN BRICK 321 SF $ 18.00 $5,778
NEW FACADE BRICK 1,894 SF $ 15.00 $28,410
STRUCTURAL LINTELS 5 TNS $ 1,400.00 $7,000 $29,270
5% STRUCTURAL 5 LS $ 350.00 $1,750
JOISTS 5 TONS $ 850.00 $4,250
5% JOISTS 5 LS $ 212.50 $1,063
STRUCTURAL CANOPY 6 TNS $ 1,650.00 $9,900
5% STRUCTURAL CANOPY 6 LS $ 495.00 $2,970
JOISTS CANOPY 2 TONS $ 850.00 $1,870
5% JOISTS CANOPY 5 LS $ 93.50 $468
STEEL ERECTION STRUCTURAL 1,804 SF $ 2.85 $5,141 $16,999
JOISTS 5 TONS $ 550.00 $2,750
STRUCTURAL CANOPY 1,584 SF $ 5.75 $9,108
MISC. METALS $8,725
OVERHEAD DOOR LINTELS 5 EA $ 125.00 $625
FLUSH METAL PANEL SYSTEM 600 SF $ 13.50 $8,100
CARPENTRY. LABOR $13,800
ROOF FRAMING 1,804 SF $ 3.75 $6,765
DOOR INSTALLATION 14 EA $ 50.00 $700
INSTALL DOOR HARDWARE 14 EA $ 125.00 $1,750
INSTALL BATH ACCESSORIES 7 EA $ 200.00 $1,400
INSTALL P-LAM TOPS 17 LF $ 45.00 $765
INSTALL SHELF 108 LF $ 15.00 $1,620
TRASH GATE DOORS 2 EA $ 400.00 $800
, .
MILLWORK $2,550
CUSTOMER COUNTER 17 LF $ 150.00 $2,550
sHEETMETAL $48,550
CANOPIES 0 SF $ 7.00 $0
METAL SOFFITT 0 LF $ 6.50 $0
DOWN SPOUTS 0 EA $ 250.00 $0
STANDING SEAM ROOFING 2,550 SF $ 8.50 $21,675
DECORATIVE METAl PANELS 290 SF $ 44.05 $12,775
DOWN SPOUTS CANOPY 2 EA $ 250.00 $500
STANDING SEAM ROOFING CANOPY 1,600 SF $ 8.50 $13,600
CAULKING EXTERIOR WALL JOINTS 3 LS $ 1,200.00 $3,600 $3,600
DOCK EQUIP I OH DOORS $5,450
8WX 7H 4 EA $ 900.00 $3,600
Roiling Grilles 1 EA $ 1,850.00 $1,850
HOLLOW METAL $15,100
HM DRlHM FRAME 10 EA $ 650.00 $6,500
DOUBLE DOOR/FRAME 2 EA $ 850.00 $1,700
DOOR HARDWARE 12 EA $ 550.00 $6,600
LOUVERS 2 EA $ 150.00 $300
PAINT DOORS 14 EA $ 70.00 $980 $12,110
FRAMES 12 EA $ 60.00 $720
OH DOOR 5 EA $ 250.00 $1,250
PAINT 4,000 SF $ 0.85 $3,400
DECK AND JOIST 3,200 SF $ 0.65 $2,080
DECK AND JOIST CANOPY 1,600 SF $ 1.00 $1,600
BLOCK SEALER 4,160 SF $ 0.50 $2,080
SPECIALTIES $3,641
BATH ACCESSORIES 9 EA $ 300.00 $2,700
FIRE EXTINGUISHERS 2 EA $ 155.00 $310
CONCRETE SEALER 1,804 SF $ 0.35 $631
SIGNAGE $160
HANDICAPPED SIGNS 4 EA $ 40.00 $160
PLUMBING URINAL 2 EA $ 900.00 $1,800 $20,000
TOILETS 6 EA $ 900.00 $5,400
LAVATORY 4 EA $ 800.00 $3,200
MOP SINK 1 EA $ 600.00 $600
KITCHEN SINK 1 EA $ 800.00 $800
SANITARY LINE 60 LF $ 20.00 $1,200
SUMP PUMP 1 LS $ 400.00 $400
TRENCH DRAINS 40 LF $ 35.00 $1,400
WATER LINE 100 LF $ 20.00 $2,000
HOSE BIB (EA) 2 EA $ 500.00 $1,000
DRINKING FOUNTAIN 2 EA $ 300.00 $600
WATER HEATER 1 EA $ 1,000.00 $1,000
WATER DRAIN 3 EA $ 200.00 $600
HVAC $3,400
SMOKE FIRE DAMPERS 4 EA $ 350.00 $1,400
EXHAUST FANS (EA) 4 EA $ 500.00 $2,000
ELECTRICAL $16,450
WRAPAROUND LIGHTS 12 EA $ 200.00 $2,400
DECORATIVE EXTERIOR 6 EA $ 1,000.00 $6,000
CONVENIENCE GFI RECEPTACLE 10 EA $ 150,00 $1,500
EXTERIOR OUTLETS 4 EA $ 200.00 $600
SWITCHES 7 EA $ 50.00 $350
TELEPHONE STUBS 1 EA $ 50.00 $50
200 A PANEL 277/480 1 EA $ 1,000.00 $1,000
100 A DISCONNECTIMETER 1 EA $ 600.00 $600
TELEPHONE SERVICE 1 EA $ 200.00 $200
PHONE CONDUIT 100 LF $ 3.00 $300
ROOF ACCENT LIGHTING (CANOPY) 4 EA $ 400.00 $1,600
PHOTO CELL TIME CLOCK 1 EA $ 500.00 $500
EMERGI;NCY FIXTURES 2 EA $ 300.00 $600
EXITS 2 EA $ 275.00 $550
SUBTOTAL SUBTOTAL $404,295 $404,295
MARGIN DESIGN FEE 0.0% $0
CONTRACTOR FEE 5.0% $20,215
SUBTOTAL $424,510
CONTINGENCY 0.0% $0
GRAND TOTAL TOTALS $424,510
, j
PROJECT: 1536.03 Soccer Complex 11/18/2004
Shakopee, MN
Soccer Complex
GENERAL CONDITIONS $ 51,671.80
CITY AND TESTING $ 8,750.00 $8,750
DEMOLITION $ $0
EXCAVATION & GRADING $ 9,998.50 $9,999
BITUMINOUS PAVING $ $0
CONCRETE EXTERIOR $ 25,110.00 $25,110
UTILITIES $ 1,800.00 $1,800
SITE LIGHTING $ $0
LANDSCAPING & IRRIGATION $ $0
SITE IMPROVEMENTS $ $0
PRECAST $ $0
CONCRETE & MASONRY $ 107,159.50 $107,160
METALS $ 54,994.40 $54,994
CARPENTRY $ 13,800.00 $13,800
MILLWORK $ 2,550.00 $2,550
WATERPROOFING $ $0
EIFS/SIDING $ $0
ROOFING & SHEET METAL $ 48,549,50 $48,550
CAULKING $ 3,600.00 $3,600
DOCK EQUIPMENT/OVERHEAD DOORS $ 5,450.00 $5,450
DOORS, FRAMES & HARDWARE $ 15,100.00 $15,100
GLASS $ $0
DRYWALL $ $0
CERAMIC TILE $ $0
ACOUSTICAL CEILING $ $0
FLOORING $ $0
PAINT $ 12,110.00 $12,110
BATH ACCESS. $ 3,641.40 $3,641
SIGNAGE $ 160.00 $160
PLUMBING $ 20,000.00 $20,000
HVAC $ 3,400.00 $3,400
FIRE PROTECTION $ $0
ELECTRICAL $ 16,450.00 $16,450
MARGIN $ 20,214.76 $20,215
CONTINGENCY $ $0
TOTAL $ 424,509.86 $0 $42.4,510
OWNER PROVIDED EQUIPMENT
PICNIC TABLES
TRASH RECEPTACLES
BIKE RACKS
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dd.
dd. HUBER PARK CONSTRUCTION PHASING PLAN AND UPDATED COST
ESTIMATES
In September, City Council reviewed the proposed site plan and cost estimates and
directed staff to proceed with further designwork while looking at potential cost
. reductions. Since that time, we have been working with Stuart Krahn of Bonestroo,
Rosene and Anderlik on additional design. This work has focused on more detailed
design of the performance area and riverbank stabilization. It has also allowed us to
develop a construction phasing plan and updated cost estimates.
Construction Phasing Plan
Recognizing funding issues and potential grant cycles, Bonestroo studied whether or not
the park could be constructed in different phases, They have determined that it is
feasible to separate the park development from the riverbank work without negatively
impacting either project.
Attachment A shows how the park and riverbank stabilization could be constructed in
two phases. For the purpose of discussion, the plan shows construction of the park in
spring/summer 2005, and the riverbank stabilization in fall 2005/winter 2006, although
these time periods could be reversed or delayed.
As you may recall, the CIP had the park development spread out over several years with
the riverbank work first, followed by the performance area, parking, and trails, then
concluding with the restroom/storage building. After further study of the impact thatthis
approach would have on usability of the park, the proposed phasing plan incorporates all
the construction activity for each project into a single phase, Instead of spreading out
construction of the performance area, roadways, trails, and restrooms over two years,
they are combined into one phase.
Since our available funding for park development can't accommodate all the identified
projects, construction of the park or riverbank stabilization depends on what priority City
Council wants to make this park over other park projects (see ff.). Council should also
be aware that the. planning for the Community Built Playground in Huber Park has
identified a build date for early October 2005. In order for this build to occur, the parking
lot and roadway should be constructed, at a minimum. Restrooms would also be highly
desirable.
Cost Estimates
Cost estimates presented with the concept plan in September showed a project cost of
$2,589,015, plus an additional allowance of$375,OOO for the building, for a total of
$2,964,015; Attachment B shows updated cost estimates for the entire project at
$3,302,802.
Phase 1. - Park Develooment
Phase 1 is the park development and includes. the performance area, trails and entry,
landscaping; parking and roadways, utilities, and the. restroom/storage building. The cost
for Phase 1 is identified as $2,078,790, with $233,765 ofthis funding provided through
donations. This estimate also includes fees for designing the restroom/storage building
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($27,000), construction administration for Phase 1 ($71,525), and additional
geotechnical work ($6,550), which are not part of the current scope of services.
Attachment C provides Bonestroo's proposal for this additional work.
Phase 2 - Riverbank Stabilization
The cost for the riverbank work continues to increase as additional geotechnical
information becomes available. The soils at the river edge are softer and the bedrock is
much deeper than anticipated. One core penetrometer test (CPT) sounding located the
bedrock at more than 120' below the surface. This impacts the costs for design and
construction of the proposed overlooks, requiring deep driven piles and grade beams
verses a sheet pile design that was originally anticipated. If we would proceed with these
overlooks, Bonestroo is proposing an additional $31,975 for design and geotechnical
work (Attachment D),
Additional Design Services
If Council were to authorize the additional services described above, Bonestroo's
services would be 5.05% Qf the construction costs.
Cost Reductions
City Council also directed staff to look at potential cost reductions for the project. At this
time, we have identified the following items that could be considered:
. Picnic Shelter: $40,000
This could be constructed at a later time.
. Picnic Tables: $44,000
. Performance Area Lighting, Projection Screen, and Sound System: $92,00
In touring several performance areas, most, if not all, have house sound and light
systems. This equipment helps ensure quality performances. In addition, by
providing house sound, we would have the ability to control upper sound levels that
may impact nearby residents.
The Huber Park design committee had considerable discussion about the need for
house sound and light. There was consensus at that meeting that house sound and
light would be desirable to make the performance area truly useful. Also, it is less
expensive to install these items during construction rather than later. As an alternate,
we could install just the conduit for future installation.
. Eliminate the Riverbank Overlooks and Trail: $98,890
. Eliminate Performance Area Covered Structure: $170,500
This would retain the performance area, but eliminate the structural roof that
provides protection from the elements and acoustical. effects.
. Reduce the Length of Riverbank Stabilization: $450llinear foot = $450,000
The current planl1ed riverbank stabilization runs from the east property line to the
west where the previous riverbank stabilization work was completed in 2001, a
distance of 2,091 feet. By reducing the length of riverbank stabilization to the area
directly in front of the proposed park improvements, the distance would be
approximately 1,100 linear feet, and the cost would be reduced by approximately
$450,000.
. Eliminate or Delay the Riverbank Stabilization: $1,224,012
Future erosion of the riverbank would occur.
CITY COUNCIL CONSIDERATIONS
There are several items for City Council to consider regarding the project:
. 1. Proposed Project Phasing Plan
Should we proceed with the proposed phasing plan, set different construction
periods, or develop another plan?
2. Proposed Cost Estimates and Potential Reductions
Should the project continue given the costs?
Should the scoop of the project be reduced by the proposed options?
3. Alternative Funding
We will continue to pursue alternate funding, including grant applications for the DNR
that are due at the end of February, and potential work with Rahr Malting for
application of MPCA credits toward the riverbank work.
One of the other potential funding sources is sponsorship. At this point, Shakopee
Rotary has indicated its desire to have naming rights for the performance area,and
Toro Corporation has indicated its interest in sponsoring the irrigation system. There
may be other corporate sponsors. However, City Council should provide some
direction to staff regarding naming rights. Is Rotary's commitment of.$50,OOO
adequate for the performance area naming rights? Are you willing to offer naming
rights for other amenities? Would you like to see a formal naming rights or capital
campaign for this park?
4. Additional Design Services
Does Council want to authorize additional services for design of the restroom/storage
building, construction administration, and design of the overlooks?
REQUESTED ACTION
City Council is asked to provide direction regarding the phasing plan, costs, alternative
funding options, and additional'design services.
,
(II]
, ale &nes1t~
'.~.. Huber Park Rosene' .
IIAn~lkf
Phase 1 & 2 Project Schedule '.'~
t:ngi~i5i'~~1
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1 CITY COUNCIL MEETING ~. , , I ,
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HUBER PARK ~
Final Phasing Cost Estimate
December 2004
PHASE 1
ITEM QUANTITY I UNIT UNIT COST I SUBTOTAL DEDUCTIOONA TION -, COMMENTS
I I I
EARTHWORK & EROSION CONTROL
GRADE SITE I 1 LS $25 000 $25 000 Ma"or nradlnn/sha n under senarate ora ect
SILT FENCE T 2091 LF $3.00 $6 273
EARTHWORK & EROSION CONTROL SUBTOTAL COST $31 273 T .
HARDSCAPE ELEMENTS .
4' CONCRETE WALKWAYS T 9021 SF $5 $45 10S
BITUMINOUS TRAILS 2073 SY $15 $31 095 Use existlnn DNR trail
HANDRAILS I 245 LF $100 $24 500
HARDSCAPE ELEMENTS SUBTOTAL COST $100700
LANDSCAPING
CANOPY TREES 205 EA $500 $102 SOD
SHRUBS 240 EA $50 $12 000
PERENNIALS 300 EA $15 $4 500
SOD 1174 SY $4 $4 696
LAWN SEEDING 25343 SY $2 $50 666
NATIVE PLANTINGS ,SEEDING 2.4 AC $4 000 $9 600
STEEL EDGING 550 LF $10 $5 500
EROSION CONTROL BLANKET 7671 SY $1.50 ~11 807
IRRIGATION 56275 SF $0.80 $33 765 $33 765 Toro C~an" Donation
LANDSCAPING SUBTOTAL COST $235 064
PERFORMANCE STAGE & AREA
CURVED POURED CONCRETE SEAlWALL ,ABOVE GRADE 1382 SF $36 $48370 16"hi h x 1.5' wide' w/lnteQral color
CURVED POURED CONCRETE SEAlWALL. BELOW GRADE 3225 SF $25 $eO 625 Frost factlnn
CONCRETE MOW STRIP AT SEAlWALL 952 LF $15 $14 280 1'wide
4" CONCRETE PAD FOR ADA SEATING 257 SF $4 $1028 4" concrete
CONCRETE STAIRS 501 SF $25 $12 525
CONCRETE STAGE + STAIRS 1965 SF $50 $98 2S0 $50 000 Rotarv Donation
CONCRETE RAMP AT STAGE 125 SF $50 $6 250
FREESTANDING BRICK COLUMNS 3EA $10000 $30 000
OVERHEAD METAL STRUCTURE 1430 SF $50 $71 500 . WI acoustical comnonents
STAGE STRUCTURE POSTS 6EA $10000 $60 000
METAL LETTERING 45 LF $200 $9 000
PERFORMANCE STAGE & AREA SUBTOTAL COST $431 828
ENTRY
BRICK COLUMNS WI FOOTING ,SMALL 4EA ,I $6 000 $24 000 I
BRICK COLUMNS WI FOOTING -lARGE 2 EA $10 000 $20 000 I
CROSSING IMPROVEMENTS 1 LS I $5 000 $5 000 I Potential Scott Coun fundina
ENTRY SUBTOTAL COST $49 ODD I
INFRASTRUCTURE
BITUMINOUS ROADWAY 2605 SY $20 $52 100
CURB & GUTTER FOR ROADWAY 1527 LF $14 $20 615
BITUMINOUS FOR PARKING LOT 4071 SY $20 $81 420
CURB & GUTTER FOR PARKING LOT 1946 LF $14 $27 244
BURY EXISTING ELECTRICAL $150 000 $150000 SPUC Donation
STORMWATER PIPE 500 LF $30 ~15 000
CATCH BASINS 4EA $1800 ~7 200
INFRASTRUCTURE SUBTOTAL COST ~363 679
AMENITIES
PRE.FABRICATED BENCHES 10 EA $1500 $15000
TRASH RECEPTACLES SEA ~500 $2 500
BIKE RACKS 4EA <400 $1600
PICNIC SHELTER 1 EA ~40 000 $40 000
PICNIC TABLES 20 EA $2 200 $44 000
INTERPRETIVE SIGNAGE 4EA $1500 $6 000
AMENITIES SUBTOTAL COST $109100
ELECTRICAL
ELECTRICAL HOOKUPI SERVICE 1 LS $15 000 $15 000
PEDESTRIAN SCALE UPRIGHT LIGHT FIXTURES 15 EA $3 500 $52 500
PARKING LOT LIGHT FIXTURES 4EA $5 000 $20 000
LANDSCAPE UPLlGHTS 4EA $1000 $4 000
SPECIAL LIGHTING AT STAGE 10 EA $2 000 $20 000 $20 000 Potential deduct
PROJECTION SCREEN lEA $2 000 $2 000 $2 000 Potential deduct
SOUND SYSTEM 1 LS $70 000 $70 000 $70 000 Potentfal deduct
ELECmlCAL OUTLETS SLEEVES ETC. 1 LS $5 000 $5 000
ELECTRICAL SUBTOTAL COST 5188600
RESTROOM & STORAGE BUILDING
RESmOOM & STORAGE BUILDNG T 1500lsF $230 $345 000
RESTROOM SUBTOTAL COST $348 000 T
I SUBTOTAL I $1,844.033 I
MOBILIZATION 5% OFCOSn $92 202 I
DEMOLITION 2% OF cosn I $38 881
PHASE 1 CONSTRUCTION TOTAL I $1,973,115 I
DESIGN & CONSTRUCTION ADMINISTRATION
RESmOOMlSTORAGE BUILDING DESIGN 527 600
GEOTECHNICAL SERVlCES'DESIGN PHASE $2 400
GEOTECHNICAL SERVlCES,SURCHARGE PHASE $4150
CONSTRUCTION ADMINSTRATlON-BUILDING $6 400
CONSTRUCTION ADMINSTRATION-PARK 2-4% $65 125 Houri" estimate reflects 4% cost
II PHASE 1 PARK PROJECT COST $2,078,790 II
DEDUCT ALTERNATES $92,000
Toro Co. Donation $33,765
Rotary Donation $50,000
SPUC Donation $150,000
TOTAL PHASE 1 PARK RESERVE/CAPITAL IMPROVEMENTS FUNDING $1,753,025
FiNAl PHASING COST ESTIMATE 12'041.x1s 1 12/19/2004
HUBER PARK
Final Phasing Cost Estimate
December 2004
PHASE 2
ITEM QUANTITY UNIT UNIT COST SUBTOTAL DEDUCT ALT. I COMMENTS
I I
RIVER STABlUZATION
RIPRAP WI GEOTEXTILE FILTER 2091 LF $450 $940 950 I Willow stakes. aeoarid In selected areas terrace
FLOTATION SILT CURTAIN 2091 LF $15 $31 365 I
RiVER STABlUZATION SUBTOTAL COST $972315 I
HARDSCAPE ELEMENTS
BI1UMINOUS TRAILS 2364 SY $15 $35 460 Reconstruct DNR trail
PRE'FABRICATED BENCHES 5EA $1500 $7 500
TRASH RECEPTACLES 3EA $500 $1500
CONCRETE OVERLOOK PLAZA 669 SF $25 $16733
STEPS AT OVERLOOK PLAZA 88 SF $25 $2212
CONCRETE PLAZA AT RIVER 340 SF $25 $8495 Reinforced concrete with niUnns
CONCRETE STEPS AT RIVER 80 SF $25 $1998
CONCRETE FISHING PAD 230 SF $8 $1840
RECYCLED MATERIAL STRUC1URE OVERLOOK AT RIVER 536 SF $2S $13 403
GUARDRAIL AT PLAZA 65 LF $150 $9750
HARDSCAPE ELEMENTS SUBTOTAL COST $98 890
I SUBTOTAL I $1.071.205 I
MOBILIZATION 5% OF COSTI $53 560
DEMOLITION 12% OF COSTI ,,' I $21 424 I I
PHA::iE 2 co OTALI $1,146,190
DESIGN & CONSTRUCTION ADMINISTRATION
DESIGN AND ENGINEERING-EXPANDED PROJECT COST/SCOPE $31 975 I More riverbank. 3 overlooks He cornnlexitv
CONSTRUCTION ADMINISTRATION 2,4% $45 848 I Hourlv. estimate reflects 4% cost
~ PHASE 2 PARK PROJECT COST $1,224,012 II
FINAL PHASING COST ESTIMATE 12.041.lds 2 12/19/2004
~ Bonestroo C
2335 West Highway 36 · St. Paul, MN SS 113
Office: 6S 1-636-4600 . Fax: 651-636-1311
II::. Rosene
1\11 Anderlik & www.bonestroo.com
. Associates
Engineers & Architects
December 16, 2004
Mr. Mark Themig
Parks, RecreatiQn, Natural Resources and Facilities DirectQr
City of Shakopee
1255 Fuller Street
Shakopee, MN 55379
RE: Huber Park RestroQm/StQrage Building Design Services
Dear Mark:
Thank you for this opportunity tQ prQvide professional design and construction administration
services fodhe Huber Park Restroom/Storage Building project. The following letter presents our
understanding ofthe project, scope of services, and fees.
Project Understanding
To meet the future needs Qf an increasing number of seasonal visitors to Huber Park, the City of
Shakopee will provide an apprQximately 1500 square foot unheated restrQQm and storage
building. The restrQQms will serve the overall park, including the new community built
playground and the performance area. The restrOQms will only be operational during the summer
mQnths. The storage area will hQuse materials and equipment related to the performance area.
The building will include' a mechanical room containing the mechanical and electrical equipment
fQr the building and also containing the electrical controls and irrigatiQn supply/cQntroI
equipment for the overall park. The materials for the building will harmonize with thQseof the
performance area. currently under design, ThQse materials are anticipated to be standing seam
metal rOQfmg,cast in place cQncrete, and maSQnry. Sanitary and water services were stubbed into
the building area under a previQus project and will be extended to the building under this prQject.
Electrical services will be from a new service provided when SPUC undergrQunds the PQwer
lines currently running overhead thrQugh the park. The anticipated cQnstruction cost is $345,000.
The building is scheduledtQ be operational in time for the grand opening Qfthe community built
playground in early October, 2005. In order to maximize potential construction cost savings, the
bidding and construction Qf this project will be included with the performance area and Qther
Huber Park improvements.
. St. Paul, St. Cloud, Rochester, Willmar, MN · Milwaukee, WI · Chicago, IL
AfflrmatlveActlon/Eq~al Opport~nlty Employer and Employee Owned
Mr. Mark Themig December 16, 2004
Parks, Recreation, Natural Resources and Facilities Director Page 2
City of Shako pee
Consultants Scope of Basic Services
The design of this project will require professionals in the areas of architecture, landscape
architecture, civil, structural, electrical, and mechanical engineering. Bonestroo will prQvide all
services in-house, except mechanical engineering, which will be prQvided by our sub-consultant.
Mechanical engineering is included within our fee proposal.
Schematic Design Phase
We will prepare schematic design dQcuments based on the mutually agreed~upon prQgram,
schedule and cQnstructiQn budget. The schematic design drawings shall establish the conceptual
design Qf the prQject illustrating the scale and relatiQnship of the project components. Two or
three ideas are generally brought fQrth at this phase SQ that they stimulate the maximum idea
exchange between the Owner and design team. This dialogue will generally lead to Qne scheme
that emerges as the preferred one and is Qften a blend of ideas from the original schemes and
ideas frQm the discussions,
We will prepare a preliminary construction cost estimate prior to submittal of schematic design
documents, fQr City apprQval, based on the mutually agreed~uPQn program, Bonestroo will
present the schematic design documents and preliminary construction cost estimate to the Park
Board and City Council, during which time we will document requested changes. We will then
follow up with revised drawings. We anticipate three meetings during the schematic design
phase.
Design Development Phase
Next, we will prepare design development documents based on the apprQved schematic design
dQcuments and preliminary cQnstructiQn cost estimate. The design development documents will
include drawings and other documents as necessary to illustrate and describe the refinement of
the design Qf the project, establishing the scope, relationships, forms, size and appearance of the
prQject by means of plans, sections, elevations, and typical construction details.
An updated construction cost estimate will be prepared prior to submitting design development
dQcuments fQr approval. We will present design develQpment documents and updated
construction cost estimate and review with City staff. We will again document changes and
incorporate them into the final drawings. We anticipate twQ meetings in the design development
phase.
Construction Document Phase
We will prepare construction documents based on the approved design develQpment documents
and updated construction cost estimate. The constructiQn documents will detail the requirements
tQ construct the project and will include drawings and specifications that establish in detail the
quality levels of materials and systems required fQr the project.
During the CQnstructiQn DQcument phase, with assistance frQm the City, we will develop and
prepare bidding and procurement informatiQn which describes the time, place, and conditiQns Qf
bidding; advertisement fQr bids; bidding forms; the form of agreement between the City and the
. St. Paul, St. Cloud, Rochester, Will mar, MN · Milwaukee, WI · Chicago, IL
Affirmative Acllon/Equal Opportunity Employer and Employee Owned
.
Mr. Mark Themig December 16, 2004
Parks, Recreation, Natural Resources and Facilities Director Page 3
City of Shako pee
Contractor; and the conditiQns Qf the contract for cQnstructiQn. The cQnstruction documents will
cQnsist of the project manual that includes the conditions of the contract fQr constructiQn,
specifications, bidding requirements and other dQcuments as may, be necessary fQr the complete
and proper execution of the project. We anticipate that this project will be bid in conjunction
with other Huber Park improvements.
We will prepare a final construction cost estimate at approximately 80% complete constructiQn
documents to help ensure the project design is within budget.
The construction dQcuments and final construction cost estimate will be submitted for review
and approval by the City. We will help the City file the required documents fQr the approvalof
governmental' agencies/authorities having jurisdiction Qver the project. The City of ShakQpee
will review plans fQr permits. We anticipate two meetings in the constructiQn document phase.
Bidding Phase
Bonestroo will prepare and distribute the advertisement for bids. We will alsQ prepare and
distribute bidding documents, including drawings and specificatiQns, to prospective bidders. A
log of bidding document distributiQn will be maintained. We will prepare responses tQ questions
from prospective bidders and prQvide clarifications and interpretatiQns' of the. bidding documents
to all prospective bidders in the form of addenda.
At the City's direction,' we will organize' and facilitate a pre-bid conference for prQspective
bidders. Bonestroo will be responsible fQr organizing and conducting the Qpening of.bids. We
will analyze all bids received and, based on the qualified IQW bidder, provide written
recommendation for contract award. We will help the City prepare Owner/Contractor Contract(s)
for the cQntract(s) awarded. Again, we understand that this project will be bid in conjunction
with other Huber Park improvements.
Construction Phase - Contract Administration Services
This phase commences with award of the initial contract for construction and terminates with
\ issuance to the City Qf the final certificate for payment.
Bonestroo will represent the City during the ConstructiQn Phase and will advise and consult with
the City. We will serve as ,the sole source of written communication between the City and
Contractor.
Based Qn the construction schedule furnished by the Contractor, we will make periodic site visits
tQ help ensure. prQgress and quality Qf work is in cQnfQrmance with the contract documents. We
will facilitate regularly scheduled construction progress meetings and prepare minutes Qf these
meetings to distribute tQ the City, CQntractor and project design team.
During this. phase we will work with the City to. select, document, and distribute to the
Contractor color selections for all materials incorporated into the project.
-St. Paul, St. Cloud, Rochester, Willmar, MN - Milwaukee, WI - Chicago, IL
Affirmative Action/Equal Opportunity Emp.1oyer and Employee Owned
.
Mr. Mark Themig December 16, 2004
Parks, Recreation, Natural Resources and Facilities Director Page 4
City ofShakopee
We will review all certificates fQr payment and, based on observed constructiQn progress,
determine if the amount requested is accurately represented. We will provide written
recQmmendation to the City indicating approval of the certificate for payment or reasons for
reducing the amQunt requested if that is deemed apprQpriate. We will see that all required lien
waivers and other required forms are received.
Bonestroo will review and apprQve shop drawings, samples and other CQntractQr submissions.
Work that is nQt in conformance with the contract documents will be rejected. In this instance,
written nQtificatiQn will be prepared and distributed to the Contractor and City. We will also
prepare necessary prQPosal requests and change orders.
We will cQQrdinate the final inspections with the ContractQr and prepare a pre-final inspection
repQrt listing items requiring additional work to be in compliance with the contract documents. A
certificate of substantial cQmpletiQn will be issued.
We will receive and review written guarantees and related documents for the proper maintenance
and operation of building systems' assembled by the CQntractQr. Upon nQtification by the
Contractor, a final inspectiQn will be conducted to verify all items have been corrected.
We will attend, witness, and document project startup and operation procedures as part of the
final inspection. We will review maintenance and QperatiQns manuals and issue tQ the City once
they are acceptable.
When all conditions of the contract documents have been completed by the Contractor, we will
review and recQmmend payment Qf final certificate fQr payment.
Geotechnical Services
BQnestrQo will contract with American Engineering Testing (AET) to provide geotechnical
services for the project. These services include SQil bQrings and geQtechnical recommendations
fQr foundatiQn design and a surcharge plan for preparing the building site for constructiQn in the
late spring Qf2005.
We recommend that AET inspect the surcharge placement and monitor the settlement plates
prior to building cQnstruction to ensure that the building site is ready for the proPQsed
construction. Fees for these services are included in our prQPosed fee belQw. Testing of
compaction and materials during constructiQn of the building will be performed by an
independent testing laboratQry and included in the Contractor's responsibilities under the
Owner/Contractor contract.
Additional Services
Any services nQt covered in the previous paragraphs may be prQvided, as an additional service,
only if specifically requested and authQrized in writing by the City,
· St. Paul, St. Cloud, Rochester, Willmar, MN · Milwaukee, WI · Chicago, IL
Affirmative Actlon/Equal Opportunity Employer and Employee Owned
Mr. Mark Themig December 16, 2004
Parks, Recreation, Natural Resources and Facilities Director Page 5
City of Shako pee
Compensation
We prQPose to be compensated for the services outlined in the abQve scope Qf basic services on a
lump sum not to exceed basis as follQws:
Design Phase Services: $27,600
ConstructiQn Administration Services: $6,400
Geotechnical Services (Design): $2,400
Geotechnical Services (Fill/surcharge/plate monitQring): $4,150*
Total $40,550
*Should the City prefer, they could contract directly with AET for the geotechnical services
during fill and surcharge placement and settlement plate monitoring.
Contract
If this proPQsal is acceptable tQ the City, we will prepare an Agreement Extension to our existing
contract with the City to perform this work.
I welcome any questions you may have, YQU can reach me at (651) 604-4861. I look forward to
working with you on this PQrtiQn ofthe Huber Park project.
Sincerely,
BQnestroo, Rosene, Anderlik & Associates, Inc.
~~
Stuart M. Krahn, R.L.A.
Project Manager
· St. Paul, St. Cloud, Rochester, Will mar, MN · Milwaukee, WI · Chicago, IL
Affirmative Actlon/Equal Opportunity Employer and Employee Owned
~, Bonestroo 2335 West Highway 36. St. Paul, MN 55113 D
Office: 651-636-4600 . Fax: 651-636-1311
-=- Rosene
1\l1 Anderlik & www.bonestroo.com
Associates
Engineers & Architects
December 16, 2004
Mr, Mark Themig
Parks, Recreation, Natural ResQurces and Facilities Director
City Qf Shakopee
1255 Fuller Street
ShakQpee, MN 55379
RE: Huber Park Additional Services
BonestrQO PrQject Number 77-04-105
Dear Mark:
I have enjoyed working with YQU and the other members of the Huber Park Design Review
Committee on the design fQr Huber Park. This will be,an exciting and valuable project for the
City when it is. completed and one that all who participated in can be prQud of. As we discussed
on the phone, if the full master plan concept is completed, BQnestrQo will incur additiQnal
unanticipated CQsts in cQmpleting the final design and construction documents. These additiQnal
costs were not fQreseeable at the time we originally proposed on the project because the full
scope Qf the improvements was not known at that time.
The Qverall project cQnstruction cost has increased from $1,489,000 listed in RFP Addendum 2
to $2,774,305 in our latest cost estimate (not including $345,000 for the restrQomlstQrage
building). That cost increase corresponds to an increase in both the cQmplexity and quantity Qf
the park features to be designed, ForYQur reference, Qur design fees in the original proPQsal, as a
percent of constructiQn, were 7.26% (based on a $108,182 design fee not including the sound
study, crQssing study, grant applicatiQns, and permitting).
The current plan includes approximately $450,000 in additional landscaping, entry features, and
trails above the estimated $475,000 in the RFP (including the perfQrmance area). This includes
the more elegant entry from dQwntQwn into the park, the sweeping ADA accessible walkways,
and additiQnal trails. We will incur additional design time in producing the construction
documents for these amenities.
The number of river overlooks has increased from a single "limited promenade or cantilevered
concrete overlook" identified in our proposal to three separate overlQoks/river approaches in the
current plan. These three QverlQQks which, fQr design purposes, are effectively four given the
two separate levels Qn the central overloQk, were specifically requested by the Design Review
Committee. The increase from one overlQok tQ three will require additional design effort. The
increased. number Qf overloQks also required additional geQtechnical work fQr borings and
foundation recQmmendations in the overloQk areas. Also, the structural design complexity and
· St. Paul, St. Cloud, Rochester, Will mar, MN · Milwaukee, WI · Chicago, IL
Affirmative Actlon/Equal Opportunity Employer and Employee Owned
,
Mr. Mark Themig December 16, 2004
Parks, Recreation, Natural Resources and Facilities Director Page 2
City of Shako pee
calculatiQns fQr each Qf the overlooks has increased by up to 50% due to need tQ design fQr deep
driven piles and grade beams versus a sheet pile design originally anticipated. The soils at the
river edge are softer and the bedrock is much deeper than anticipated. Our geotechnical
consultant had to perform cone penetrometer test (CPT) sQundings to locate the bedrock at more
than 120' below the surface in the overlook locations.
The amQunt Qf riverbank is also greater than originally anticipated. The CIP identified 1500' of
riverbank erosion control, while the current plan calls for 2091', Creating cQnstruction
documents for this additional length will require additiQnal drawings,
Because of the abQve listed items, we are requesting an additiQnal $31,975 in design phase
services fees, This fee is brQken Qut by discipline as follows:
Structural Engineering: $10,600
Landscape Architecture: $9,200
Riverbank Engineering: $6,100
Geotechnical (perfQrmance area): $3,125*
GeQtechnical (overlQQks): $2,950
TOTAL $31,975
*Our original proposal indicated that soil borings for the performance area were not included. This amount
also includes $1,650 for testing granular fill compaction and placement and monitoring of surcharge and
settlement plates during the surcharge phase for the performance area.
With these requested additional services fees, our design fees for the Huber Park project,
including geotechnical services, would be 5.05% of the project construction cost.
Please feel free to call me to discuss this matter in greater detail at (651) 604-4861.
Sincerely,
BQnestroo, Rosene, Anderlik & Associates, Inc.
;;4J-~
Stuart M. Krahn, R.L.A.
Project Manager
,
. St. Paul, St: Cloud, Rochester, Willmar, MN · Milwaukee, WI · Chicago, IL
Affirmative Actlon/Equal Opportunity Employer and Employee Owned
CITY OF SHAKOPEE
MEMORANDUM
To: Mayor and City Council
Mark McNeill, City Administrator
From: Mark Themig
Meeting Date: September 21,2004
Subject: Huber Park Site Plan
INTRODUCTION
City Council is asked to review, comment, and provide direction on the site plan and cost
estimates for the redevelopment of Huber Park.
BACKGROUND
At one time, Huber Park was the focal park for the city. However, over time, the park
became less desirable due to frequent flooding. Since the mid 1980's, this community
resource has remained mostly unused.
A planning process that began in the mid 1990's resulted in a master plan for
redeveloping the park to once again be a focal park for the community. This plan
included a performance area, riverbank stabilization, trails, and landscaping. The master
plan was revised in 2001.
This summer, the city contracted with Bonestroo, Rosene, and Anderlik to complete a
final site plan, final design, and construction documents. Stuart Krahn is the project
manager from Bonestroo, and has been working closely with the city to move the master
plan to the site plan you are reviewing.
Huber Park Design Committee
We formed a design committee to assist in developing and reviewing design
components. The committee is made up of the following individuals:
Yvonee Anderson Rotary
Carol Schultz Rotary
Bryan Turtle Vision Shakopee
lauri Glenn-- Vision Shakopee
Terry Schwalbe lower Minnesota Rivershed District
Ed Wagner Resident
Bill Wermerskirchen Business Owner
Andrea Weber Park Planning
Bill Egan Park Maintenance
Jeff Weyandt Engineering
Mark McNeill City Administrator
Michael leek Community Development
Paul Snook EDA
,
The committee's work began with a tour of eights parks that had either a performance
area as their focal point or examples of stabilization. From there, we discussed and
provided direction to Bonestroo on various designs for the park amenities. These
individuals have committed significant time and energy into this project, and their work is
much appreciated.
Parks and Recreation Advisory Board Review
The Parks and Recreation Advisory Board reviewed the proposed final site plan on
August 23. Their comments included the following:
. Views from southeast open space into performance area blocked by trees. Trees
should be removed for better views
. Band shell should be flood proof and easily cleaned.
. Stairs need to be designed to withstand river forces.
. SOO-people capacity performance area-most will need to walk to park-safety in
getting to park is an issue.
. Nice entry; carry on "theme" of downtown Shakopee into park-connection
important or could get lost at Hwy 101.
. Park needs to be designed to minimize long term maintenance issues.
. Seating area needs to be wide enough to accommodate picnicking.
. Performance area- what is the functionality of the performance shelter (Le.
Chaska's has a historic look, but does not function acoustically) - need to think
about this structure.
. Performance in community of Shakopee - High School - more plays possible at
Huber Park in future.
. Can Rodeo area be flooded for ice-skating and warming hut?
. Snowmobiling will continue through park.
. Maintain view on to stage area from open lawn area to southeast (remove three
trees on eastern edge of stage),
. Make crossing safer at Hwy 101 through changes and improvements of existing
pedestrian crossing.
. Keep rodeo area in-tack for winter activities such as sledding.
. Continue the "theme" of downtown Shakopee through the use of materials and
streetscape elements throughout park
. The performance area should be fully functional by providing proper acoustics for
musical performances.
Environmental Advisory Committee Review
The Environmental Advisory Committee reviewed the proposed final site plan on
September 8. Their comments included the following:
. Some of the proposed plantings will require fertilization to sustain and thrive, and the
fertilization could travel to the river. In order to minimize this action, additional native
plantings should be provided adjacent to the stormwater ponds.
. The native planting areas should be designed in such a way that they can be used
as interpretive areas for educational purposes.
. The performance area should be constructed to allow for flooding verses at a higher
elevation that will be more impacted by road noise.
. The Committee would like to review the techniques being proposed for stabilizing the
riverbank,
. The design should incorporate environmentally friendly design techniques that will
minimize impact (rainwater gardens, green paving, eco-friendly building design, etc.)
,
NOTE: Due to the shQrt time period between review by the Committee and
Council, we were notable to develop these environmentally friendly
design options and costs. If Council would like to consider these options,
we will bring them back for your review at a future meeting.
Lower Minnesota Watershed District Board of Managers Review
The Lower Minnesota Watershed District Board of Managers reviewed the proposed
final site plan on August 18. Their comments included the following:
. The project needs to be designed to minimize impact on the floodway.
. The District did a study of various riverbank stabilization techniques, and found that
hard treatments are required below above average flow elevations.
. The stormwater pond elevation needs to be set at a level that it will be effective
(water from the river will not flow into the storm ponds during most times).
. The grading plan needs to ensure that water flow will continue as it currently exists
and not redirected during flooding;
. The Board of Managers would like to review the final grading plan when complete.
Public Open House Reviews
The three preliminary site planswere presented to the community at an open house on
July 15, and the proposed final site plan was presented at two open houses on
September 2. Comments included the following:
. The old "rodeo" area should be preserved for winter activities. Consider
enhancements that promote this use.
. Bluff Avenue should not be connected to the park due to the increased traffic that
would use Bluff, but an emergency access would be permissible.
. There were concerns about the amount of sound that would be leaving the
performance area and what kind of impact that would have on the residential areas
(east of the park and River City Center).
. The design should incorporate historical elements from the older parts of Shakopee
(e.g. Shakopee brick, Holmes Street Bridge, etc.).
. The existing alley between that connects to Fillmore should be closed.
. The church at the cornerof First Avenue and Fillmore needs additional parking.
Could the park be designed to provide parking for the church?
. Snowmobiles use the state trail during the winter. The design needs to provide for
this use.
. Parking is needed behind the First Avenue commercial building during the daytime,
but would be available for park users in the evening. In addition, the commercial
parking lot on FirstAvenue could be used during the evening.
. The property owner on the northeast corner of Fillmore and First Avenue would like
to improve his parking lot when the project is constructed. Roadway designs should
be provided to this property owner.
. Restrooms are needed in the park, and reuse existing restrooms too. Historic design
could be incorporated.
. Parents should be able to watch their children in the playground while at the
performances.
. Provide access on shoreline for fishing,
. Make the band shell large enough to accommodate seating for a community band
(up to 60 performers).
. Utilize the river as much as possible,
. City should finally pave roads in the area even if the city has to pay for it.
. Playground should be suitable for all ages.
,
. Possible seating by ponds.
. Maintain parking behind commercial buildings. Parking in front of the buildings could
also be used for park activities.
. Consider making the park accessible by boat.
Summary
We receiveda considerable amount of comments and suggestions throughout the site
design process. Most of the comments have been integrated into the proposed final site
plan.
PROPOSED FINAL SITE PLAN
The proposed final site plan is based on the previously mentioned 2001 master plan. As
you will see, there are changes from the master plan that reflect discussion and input
that we received during the final site plan design process. The following information
outlines the most significant design cQmponents that were addressed through this
process.
Initial Site Design Concepts (Attachment A)
Bonestroo prepared three final concept plans for review and refinement by the design
committee that capture elements of the area: the city grid, the river and the tie in to
downtown, and the bedrock ledge. Following the open house and review by the Design
Committee, components of each were used to develop the proposed final site plan.
Proposed Final Site Plan (Attachment B)
The final site plans shows how the design would incorporate the primary elements of the
design:
Park Amenity Elevations
One of the questions not resolved in the master plan was how to handle the flooding
of the park. In 2003, the city obtained approval to begin a process of filling portions of
Huber Park in the flood plain in order to raise more significant elements of the design
out of the more frequent flood levels. Since that time, the city has been hauling in
clean fill. However, we stopped the fill process below the approved fill level in order
to complete the study on how traffic noise would impact the performance area.
During this period, Bonestroo also completed additional studies of the river to
evaluate frequency of flooding.
Attachment C provides the results of the noise study that was performed this
summer to help give us a better idea of the impact the. roadway, bridge, and
elevation would have on the performance area. Based on the results of the study, the
majority of noise entering the performance area is from the south. Since noise
primarily travels by "line of sight", locating the performance area 'lower is better than
higher. In addition, it would be helpful to block the line of sight to the majority of the
sound production (tires and mufflers) through hard surface treatments like berming.
Attachment D provides a graphic representation of the likelihood that flooding will
occur at different elevations. The proposed site plan has the performance area
located at 714,3' above sealevel. This elevation puts the performance area between
the 10-year and 50-year flood elevations, and, has odds below 10% that it will flood in
any given year. The play structure is proposed to be located at 719.5, which is above
the 50-year flood elevation. However, additional research is needed to determine
;
whether or not the proposed community-built play structure can be designed to
withstand even infrequent. Finally, the overlooks proposed along.the river will
encounter the most frequent flooding, and will need to be constructed to withstand
this force.
River Bank Stabilization (Attachment E)
Another key element of the final design is stabilization and beautification of over
2,000 feet of riverbank. At this point, we are looking at a design that would
incorporate a combination of approaches including rip rap, sheet pile, and vegetative
stabilization techniques. Given the fluctuating river levels ,and the results of the study
by the Lower Minnesota Watershed District, vegetative approaches will be limited to
above a to-be-determined elevation. Although the riverbank stabilization design is
not yet complete, Attachment E shows various approaches that would be used in
stabilizing the riverbank, as well as treatments proposed along the riverbank.
Performance Area Preliminary Concept (Attachment F)
One of the focal points of the park will be the performance area. The committee
analyzed three different approaches to the performance area design:
Concept 1: Modern design
Concept 2: Modified bandshell design
Concept 3: Historic elements design
Based on comments that we received through the design process, the historic
elements design proved to be the preferred option. This design incorporates historic
elements from the surrounding area including brick and steel. Since it will function as
a performance area and need to project sound, the design will need to incorporate
elements that achieve this. We are still working on refining the design to reflect this
need. Once complete, the final design would be brought back to you for review. .
Pedestrian Entrances (Attachment G)
Safe pedestrian access to the park area is important in order to provide a tie in to the
downtown area for additional parking. The primary pedestrian access point is likely to
be at Sommerville and First Avenue. Bonestroo completed a traffic study and an
analysis of different options for improving the safety of this crossing, which included
construction of an overhead crossing, installing an underground crossing, and
improving the 'at-grade crossing.
Design challenges, non-use by pedestrians, and costs appear to make the overhead
and underground crossings the least desirable options, Therefore, several options
are available to consider for improvements to the existing at-grade crossing:
. Advanced Stop Location
. Center Median Pedestrian Refuge
. Leading Pedestrian Signal Timing
. Countdown Pedestrian Timers
. No Right Turn on Red
. Additional Signs
. Pedestrian Pavement Markings
. Textured/Colored Crosswalk
. Removing Turn Lanes on CSAH1 01
,
In addition, the current crossing may not fully comply with accessibility standards.
More work is needed as part of preparing the final design on these issues, as well as
consultation and participation from SCQtt CQunty.
Finally, improvements to the underpass on the west side of River City Center are
also shown on Attachment G. These improvements are primarily aesthetic and
involve additional landscaping and replacing/adding lighting to make the underpass
more inviting. Improvements would continue east where Levee Drive would be
terminated at the new CSAH 101 bridge, and a trail would continue from there
through Huber Park.
Future Play Structure (Attachment H)
Huber Park has been preliminarily identified as the potential location for a
community-built playground. A community-built playground is funded primarily
through donations and constructed by volunteers.
Leathers and Associates, a playground design firm, is a leader in this effort and has
many successful projects throughout the country. The Waconia School District
completed construction of a community-built playground in 2003.
Corky Mars and Dee Joos are coordinating this effort, and they have scheduled a
design day for October 28 where Shakopee elementary age students will have a
chance to help develop the design for the playground.
Park Parking/Levee Drive Parking Lot
Finally, this project provides parking for 105 vehicles in the park itself. There are an
additional -35 spaces planned for the Levee Drive parking lot. If necessary,
additional parking would need to come from the downtown area or local streets.
Park and Levee Drive Restrooms
The site plan shows a location and cost allowance for a restroom and storage
building. However, designing the restroom was not part of Bonestroo's contract, so
no detailed information is provided. Council may want to consider designing and
constructing this building when the park is developed in order to minimize future
disruptions.
We have completed an analysis of the Levee Drive restrooms. These restrooms are
actually in relatively good condition. There are some ADA modifications, cosmetic
improvements, and re-roofing that are needed. We are working with Public Works to
determine what, if any, of these can be completed by their staff,
Engineering Department Review
Since this is only a site plan, there are several items that Engineering has identified
that need to be addressed during the final design. These include such things as final
street width and design for Fillmore, the slope of Fillmore, and assessments for
Fillmore Street improvements.
COST ESTIMATES
Attachment I details the cost estimates for this project as shown, a total of $2,589,015,
plus an additional allowance of $375,000 for the building. The 2005-2009 CIP includes
funding in the amount of $1,615,000, in addition to in-kind work from Shakopee Public
t
.
Utilities for undergroundingthe power lines. Bonestroo's cost estimates are considerably
more detailed than what I was able to prepare foethe CIP, and I believe accurately
reflect the sco e of the work shown in the ro osed site Ian. For com arison:
Item CIP Estimate Bonestroo Estimate
Riverbank Stabilization $600,000 $972,315
Restroom and Stora e Buildin $200,000 $375,000
Performance Area $400,000 $431,000
One question that I don't have an answer to yet is what kind of grant funding might be
available for this project. Lower Minnesota Watershed District did seem receptive to
some funding, and theDNR has grant dollars available. Part of Bonestroo's contract is to
identify, pursue, and apply for these funding sources, With a final'site plan, it will be
more feasible to submit funding requests.
REQUESTED ACTION
Council is asked to provide direction on the proposed site plan, as well as how to
proceed given the cost estimates.
There are several options to consider:
1. Adopt the proposed site plan and direct staff to continue with preparing the final
design plans, actively pursue additional funding, and return to Council with more
information.
2. Adopt the proposed site plan and direct staff to continue with preparing the final
design plans with the concept of only completing the riverbank stabilization at this
time and postponing the park development until additional funds are available.
3. Adopt the proposed site plan and direct staff to continue with preparing the final
design plans and allocate additional funding from the CIP for this project either by
delaying, other park projects or allocating other resources.
4. Reject the proposed site plan and direct staff to develop ways to reduce the scope of
the project and bring back for further consideration.
5. Reject the proposed site plan and stop the design process.
6. Other
Q.PEN
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ee. SHUTROP PROPERTY ACQUISITION FUNDING
On November 23, City Council directed staff to proceed with developing a funding plan
to acquire the 103-acre ShutropProperty located north of CR 16 that would involve
conveying a portion to a developer for residential development. Revenue from selling
this portion would be applied.toward,the overall purchase price.
Purchase Price
The Shutrop'sasking price for the 103-acre parcel is $6,375,000. That equates to
$61,893/acre.
Funding Plan
In order to fund the acquisition, we have developed a funding plan that involves multiple
funding sources, including the city, Scott County, and private development. The city
would contribute funding for the park land and fire station site, and Scott County for
CR21 right-of-way, Part of the funding also involves conveyance of a portion of the
property to a developer. In this case, the developer would be Tollefson Development,
since Tollefson is the Shutrop's developer and they are working with together on
potential development of other property.
Source Amount
Park Reserve Fund $2,000,000 (CIP)
Sale of Landfor Development $2,500,0001
CR21 ROW $-595,2002
Fire Station $300,000-$500,0003
Park Dedication Fees for Residential Development $-175,0004
Greenwav Grant Fundina $?5
Total $5,570,200-$5,770,200
Shortfall $804,800 - $604,800
Additional Park Dedication Fees From Future Shutrop +/-$800,0006
Property Development South of CR 16
1. Tollefson Development would purchase approximately 33 acres of land from the city
for residential development, in the amount of $2,500,000 (approximately
$75,760/acre). In addition, Tollefson would provide right-of-way and construct Pike
Lake Trail, and provide right-of-way for future CR 16 expansion.
There is an attached drawing that shows the preliminary allocation of acreage for
each of the different uses being considered for the property. The exact acreage and
value of the various segments would need to be determined, should this proposal
move forward.
2. In meeting with Leslie Vermillion andDave Unmachtfrom Scott County, they would
propose to the County Board that the County contribute funding for the right-of-way
needed forCounty Road 21 through the parcel. Their position is that the amount of
funding;wouldbe based:bn;the city's per-acre purchase price of the property. In other
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words, they would purchase the right-of-way at the same price the city pays for the
property. Under their proposal, the city would need to cash flow the county's portion,
which would be paid back over the course of the next few years based on the terms
of an agreement that the city would develop with the county. Mr. Voxland has
indicated that the city has funds to cash flow this amQunt, should that be needed,
The county is also concerned about whether or not Tollefson Development would be
required to provide right-of-way for CR 21 adjacent to the proposed residential
development. If the city required dedication of this right-of,;,way, it could reduce the
amount of funding from the county. If the city didn't require dedication of the right-of-
way, the county is concerned that this would potentially set a precedent for additional
right-of-way that would be needed south of CR 16.
Finally, the county does not want to commit to their final alignment or right-of-way
until their EIS is complete.
3. $300,000 is in the current CIP for land acquisition from the Building Fund. City
Council could consider increasing this amount.
4. Park dedication fees for the +/-38 residential lots that would be developed on the
ShutropProperty would generate -$175,000.
5. Our grant application is being reviewed. I have not heard any update on our potential
for funding.
6. Additional park dedication fees of up to $800,000 could be received with residential
development that is being considered for the parcel directly south of CR 16. These
fees could be identified to fund this acquisition, although the city would again need to
cash flow this portion.
"Friendly Condemnation"
One' of the conditions of the sale is that the city conduct a "friendly condemnation" of the
entire property. There have been questions regarding this process. Mr. Thomson, City
Attorney, has provided the following information:
Federal tax laws provide certain advantages to property owners whose
property is acquired by governmental entities under the threat of
condemnation. The major tax advantage is that those property owners
have a longer period of time in which to invest the sales proceeds in order
to defer capital gains tax.
In order to take advantage of the favorable federal tax provisions,
property owners who are otherwise willing to sell their property to a
governmental entity will oftentimes request that the acquisition be done
through a condemnation action. That way, there is no question that the
acquisition is under "threat of condemnation."
The process used for a friendly condemnation is identical to any other
condemnation case. The only difference is that in other condemnation
situations, property owners either do not want their property acquired or
,.
cannot reach an agreement with the governmental entity on the purchase
price and therefore the condemnation process is needed.
Conveyance of Property
As part of the funding scenario being proposed, a portion would be conveyed to a
developer for residential development. There have also been questions regarding the
legality of the city conveying land without competitive bidding. Mr. Thomson, City
Attorney, has provided the following information:
The city can, but is not required to, go through a competitive bidding
process when it sells real property. Most times, cities do go through a
proposal process but that is not legally required either.
If the city is going to buy the entire parcel and immediately convey a
portion of it to [a developer], the city can legally do that without going
through a competitive bidding process.
CITY COUNCIL CONSIDERATIONS
There are several items for City Council to consider regarding the proposed funding
plan:
1. Sale of Land for Development
2. County Road 21 Right-of-Way
Should the city develop an agreement for cash flowing their right-of-way?
Should the county acquire the right-of-way at the same purchase price the city would
pay for the entire parcel?
Should the city require the developer to dedicate the right-of-way adjacent to their
development?
3. Fire Station Site
This purchase would provide a needed fire station site in eastern Shakopee. How
much should the city contribute for acquisition of this site?
4. Pike Lake Trail
The developer would construct Pike Lake Trail, including the sections that are
adjacent to future park land and the fire station site.
5. Commitment of Future Park Dedication Fees
This plan would require some commitment of future park dedication fees to pay back
the shortfall. This could be incorporated into the CIP over the next few years.
REQUESTED ACTION
City Council is asked to provide direction regarding the preliminary funding plan. If you
are so inclined to proceed, we would work on finalizing the details and the specific
agreements that would need to be developed, and bring them back to you for further
consideration.
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Shakopee Shutrop Property Proposed Schematic Plan
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CITY OF SHAKOPEE
MEMORANDUM
To: Mayor and City Council
From: Mark Themig
Meeting Date: November 23, 2004
Subject: Park Land Acquisition Update
INTRODUCTION
The following is intended to provide you with an update on the status of acquisition of the
priority park site (Shutrop Property), and to have a discussion about residential
development occurring on a portion of the property.
BACKGROUND
The Parks and Recreation Advisory Board identified the Shutrop Property north of
County Road 16 as the priority site for park land acquisition. City Council endorsed that
recommendation earlier this summer, and appointed Councilor Lehman, Chair
Dorenkamp, and staff to work on several questions about the property and develop
funding options. Since that time, we have been working with the Shutrops, Scott County
for future CR 2.1 alignment, and Tollefson Development who has a relationship with the
Shutrops for developing some of their other property.
Funding the acquisition of the property is the most significant issue, followed closely by
the impact thatCR 21 would have on usability of the land as park land. The County has
not released their Environmental Impact Statement (EIS) for future CR 21. However, we
were able to obtain a drawing that shows their preferred alignment for the roadway, and
met with them recently to talk more about the roadway.
DISCUSSION
Funding the Acquisition
Councilor Lehman, Chair Dorenkamp, and staff have been exploring ways to fund the
acquisition. At this point. it doesn't appear that we have adequate funding sources to
purchase the entire parcel without long-term park funding implications.
In order to minimize the long-term funding implications, one of the possibilities we have
developed would involve reusing a portion of the property for housing. We have been
working with the Shutrop's potential residential developer, Tollefson Development, on a
conceptthat would provide approximately 38 single-family lots east of future CR 21 and
north of CR 16. Given the site characteristics (bluffs, woodlands, access), this
development approach would involve a PUD (Planned Unit Development) that gives the
developer the ability to request special variances that may not be allowed in normal
developments.
I have attached two concept drawings that show what the development could look like.
Since this is very early in the process, these could change. However, it will give you a
good idea of the impact a residential component would have. In this scenario, the land
.
north of the residential as well as the land west of CR 21 would be park land. Tollefson is
committed to preserving the greenway corridor concept, as well as providing trail
connections through the residential to the future pede\Strian underpass. In addition, they
would work to preserve as much of the woodlands and bluff line as possible, and offer a
conservation easement to protect this area in perpetuity.
In addition to the residential, we show layouts for youth ball fields, a soccer field, and
parking on what could be the park land. My understanding from your previous
discussions is that this park would likely remain more passive than active and we would
continue to pursue active areas in cooperation with the School District. However, it does
show that some fields could be constructed above the bluff if desirable in the future,
although the drawing doesn't provide for stormwater ponding and support facilities.
If a portion of the parcel were to be developed, Tollefson would purchase that portion,
reducing the funding the city would need for acquisition of the remainder of the property.
However, the Shutrops are interested in the benefits of a "friendly" condemnation
procedure. The City Attorney has indicated that the city could proceed with
condemnation on the entire parcel, and in a simultaneous transaction, convey a portion
to another party. Under this scenario, we would have several different funding sources:
Potential Source Amount
Park Reserve Fund $2,000,000 identified in the CIP
Sale of Land for Development To Be Determined
CR21 ROW To Be Determined
Fire Station To Be Determined
Greenway Grant Funding To Be Determined
CR21
Future CR 21 will divide the 103-acre parcel into approximately 40 acres east of the new
highway, and 50 acres west. The alignment plan shows a tunnel under the roadway that
could be 200'-300'. It is not clear from the alignment plan whether or not there would be
any other corridors under the roadway, such as a wildlife corridor. Also, the alignment
doesn't show how required stormwater ponding would be handled.
The County initially anticipated that the EIS would be out in the spring of 2004. However,
I understand that the EIS now would be release until sometime in 2005. The EISis
important in learning what environmental impacts the roadway would have, but does not
necessarily answer detailed design questions.
On Wednesday, November 17, we met with Scott County staff to learn more about
roadway and right~of-way acquisition. Since the EIS is not out yet, County staff asked us
to submit all questions regarding the roadway and its impact to them in writing, and they
will work with their consultant to respond. This should give us some information that we
will need in the near future to determine the impact of CR21.
We also discussed acquisition of the right-of-way for CR 21. County staff indicated that
they would expect that residential development would contribute some of the right~of-
way as has been done in the past, but understands that the County would need to
contribute funding for the remainder.
,
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PRAB Recommendation
The Parks and Recreation Advisory Board discussed this concept at their October
meeting. They recommended (with one dissent) that we proceed with exploring this
option, but have a contingency plan for other possible land in the event this doesn't
materialize. They also want to be sure that whatever parcel the city chooses meets the
needs of the residents of Shakopee.
REQUESTED ACTION
The City Council is asked to discuss the merits of developing a portion of the property for
residential use as a way to acquire other portions of the property, and whether or not this
should be pursued further. If directed, we will continue to work on the funding sources
and amounts.
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ff. CAPITAL IMPROVEMENT PROGRAM UPDATE
The 2005-2009 CIP outlined funding for future projects (Attachment A). Some ofthe
projects that were to be funded in 2004 (soccer building, riverbank stabilization, etc.) are
not shown on the list but are represented in the 2005 January 1 fund balance column.
With updated project and financial information on several projects, I have assembled an
updated CIP list for your review (Attachment B). The left section contains the project list
that was reviewed in July as part of the budget process and included in your budget
book. The right section is updated with revised financial information and timing for
projects that are being considered. This section also includes line-items for those
projects yet to be funded in 2004.
We have received draft agreements for the Xcel funding contribution. Those funds are
shown in both the adopted and revised plans.
The yellow highlights in the right section show where changes to the CIP have been
made to reflectthe change in costs or project timing. In neither the adopted funding
program nor the revised one are there adequate funds to complete the projects that
have been identified in the timeline proposed. The increased costs of the projects,
particularly Huber Park, only complicates the funding issue.
CITY COUNCIL CONSIDERATIONS
Council direction is needed regarding funding priorities. Land acquisition and. Huber Park
are the most costly items in the CIP, and elimination or reduction in scope of either one
would help reduce the deficit. However, the opportunity to acquire park land may be
considered a priority as this land would not likely be available in the future. On the other
hand, Huber Park has been a goal for some time. Finally, we have residents that are
looking for development of their neighborhood parks.
The one unknown is what level of funding we might be able to obtain from other sources.
As noted previously, we are submitting grant applications for land acquisition, Huber
Park, and the Quarry Reuse Project. However, there is significant competition for these
funds.
Our 2005 park dedication fees would generate significant revenue that could offset some
project costs. For example, we have two developments in the review process that would
generate over $2,400,000 if we took a cash. contribution for all. the +/-530 single-family
lots. That would be $1.5 million mor~ than we have budgeted for in the CIP. (Obviously,
there is some need for park land so taking all cash is probably not realistic.)
Finally, if we would proceed with acquisition of the Shutrop property, there may be a
funding shortfall that would need to be funded from the park reserve fund over several
years, unless Council wanted to consider other funding sources. .
REQUESTED ACTION
City Council.is asked to provide direction regarding your priorities for park project
funding.
Park Reserve Fund
Projected Fund Levels
2005-2009 Capital Improvement Program
City of Shakopee, Minnesota
REVENUES: 2005 2006 2007 2008 2009
Park Dedication Fees $ 900,000 $ 900,000 $ 900,000 $ 900,000 $ 900,000
Grants - 470,000 165,000 - -
Tax levy 375,000
Excell Agreement 500,000 500,000 500,000 500,000
Donations 690,500 145,000 210,000 - -
Interest 7,100 (70,000) (85,600) (47,220) (30,410)
SPUC Reimbursement - - - - -
Total Revenue 1,972,600 1,945,000 1,689,400 1 ,352,780 1,369,590
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EXPENDITURES:
Expenditures per List-PARKS 2,784,500 1,720,000 355,000 932,500 1,347,500
Huber assess 50,000
Expenditures per List-GRANTS 470,000 165,000
Expenditures per List-TAX LEVY . 375,000
Expenditures per List-DONATIONS 690,500 145,000 210,000
Expenditures per List-GENERAL FUND
Total Expenditures 3,900,000 2,335,000 730,000 932,500 1,347,500
Excess (Deficiency) (1,927,400) (390,000) 959,400 420,280 22,090
Fund Balance January 1 177,502 (1,749,898) (2,139,898) (1,180,498) (760,218)
Balance 12/31 $ (1,749,898) $ (2,139,898) $ (1,180,498) $ (760,218) $ (738,128)
.
Interest is calculated @ 4% on the prior years ending fund balance
Park Dedication fees are 90% of prior 3 year average.
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CITY OF SHAKOPEE < MN CIP PROJECTS BY TYP.E 2005 BUDGET
.,
Type No. Project Cost Estimate Funding Source 2005 2006 2007 2008 2009
MUNI Emergency Vehicle Signal Premption 50,000 CIF 30,000 20,000
MUNI Community Signage Monuments 50,000 General Fund 25,000 25,000
MUNI Building Expansion Public Works 6,000,000 Tax Lew 6,000,000
MUNI Building Expansion Public Works 300,000 Sewer - B 300,000
MUNI Building Expansion Public Works 300,000 Storm - B 300,000
MUNI Fire Station 3 Site 150,000 Building 150,000
MUNI Fire station 4 Site 300,000 Building 300,000
MUNI Fire Station 5 Site 150,000 Building 150,000
MUNI Aquatic Park Service Bldg & Site Imprav 760.000 Building 660,000 100,000
MUNI Comm Ctr Expansion 11,000,000 Tax Lew 11,000,000
MUNI Community Center Multi Use 2,250,000 Tax Levy 2,250,000
MUNI Community Center Multi Use 500,000 Donations 500,000
MUNI Construction of Fire Station 3 2,500,000 Tax Lew 2,500,000
MUNI Construction of Fire Station 1.1 2,500,000 Tax Levy 2,500,000
MUNI City Hall 6,300,000 Tax Levy 2,900,000 3,400,000
MUNI Construction of Fire Station 4 3,000,000 Tax Levy 3,000,000
MUNI Construction of Fire Training Tower 1,000,000 Tax Levy 1,000,000
MUNI Total 37,110,000 7,915,000 13,795,000 2,500,000 5,500,000 7,400,000
PARKS Small Improvement Projects 100,000 Park Reserve 20,000- 20,000. 20,000 20,000 20,000
PARKS Small Trail Projects , 100,000 Park Reserve 20,000_ 20,000.. 20,000 20,000 20,000
PARKS Quarry Lake Reuse Project 25,000 Park Reserve 25,000. - -
PARKS Quarry Lake Reuse Project 615,000 Grants 450,000' 165,000
PARKS Quarrv Lake Reuse Project 250,000 Donations 100,000.. 150,000
'-l PARKS Huber Park Improvements 965,000 Park Reserve 745,000- 220,000..
I PARKS Huber Park Improvements 50,000 Assessments 50,000 I
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~ PARKS Huber Park Improvements 250,000 Donations 250,000"
PARKS Prairie Village Neiaborhood Park 157,500 Park Reserve 157,500_
PARKS Greenfield West 346,000 Park Reserve 346,000.
PARKS Providence/W estchester Park 860,000 Park Reserve 860,000..
PARKS Dean Lake Trail System 192,500 Park Reserve 192,500-
PARKS Southbridge Community Park 800,000 Park Reserve 105,OOOf 117,500.. 52,500 525,000
PARKS South bridge CommunltVpark 20,000 Grants 20,000
PARKS Tahpah Park 313,500 Park Reserve 313,500~
PARKS Tahpah Park 375,000 Tax Levy 375,000.
PARKS Tahpah Park 140,000 Donations 140,000-
PARKS Lions Park Improvements 130,500 Donations 25,500 45,000 60,000
PARKS Vallev Creek Crossing Park Development 125,000 Donations 125,000
PARKS CommunITy Playground System 150,000 Donations 150,0001
PARKS O'Dowd Lake Park Improvements 210,000 Park Reserve 210,000 .
PARKS Riverside Fields Neighborhood Park 262,500 Park Reserve 262,500-
PARKS Greenfield East Park Development 660,000 Park Reserve 660,000.
PARKS Horizon Heights 210,000 Park Reserve 210,000.
PARKS CR 79 Trail to O'Dowd Lake Park 262,500 Park Reserve 262,500
PARKS KilarneY Hills Park Improvements 367,500 Park Reserve 367,500
PARKS PLlSL Channel Greenway Corridor 157,500 Park Reserve 157,500
PARKS 10th & Spencer 50,000 Park Reserve 50,000
PARKS Mound & CR 79 Park 50,000 Park Reserve 50,000
PARKS CommunItY Park Acauisition Develop 1,050,000 Park Reserve 1,050,000
PARKS Total' 9,245,000 3,900,000 2,335,000 730,000 932,500 1,347,500
SEWER I East River Dist Sewer Rehabilitation Phase III 2,000,000 Sewer - B 2,000,000 .
SEWER \ East River District Sewer Rehabilitation 350,000 Sewer-B 350,000
~;~~~~2.I...1n'''\nr'\A-;.,~~~!?7 Of\I1 ~~.:o.,>f~~""~'_ .- :r_ .,- t_ ,- ,-
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Adopted 2005-2009 CIP II Updated 2005-2009 CIP B.
Cost Funding Cost Funding
Project Task Estimate Source 2005 2006 2007 2008 2009 Project Task Estimate Source 2004 2005 2006 2007 2008 2009
Land Acquisition Acquisition Park Reserve 1 Land Acquisition Acquisition 2,000,000 Park Reserve 2,000,000
17th Avenue Sports Compiex (Building & ADA mods) Building, ADA Mods" Final Site Park Reserve 17th Avenue Sports Complex Buiiding, ADA Mods" Final Site 480,000 Park Reserve 480,000 I
Skate Park Addition Construction Park Reserve Skate Park Addition Construction 25,000 Park Reserve 25,000
Minnesota River Boat Landing Relocation Design and Construction Grants Minnesota River Boat Landing Relocation Design and Construction 145,000 Grants L JflQ,QQ9.
Whispering Oaks Park Construction Donations IWhispering Oaks Park Construction 100,000 Donations 100,000
Church Addition Park Construction Donations Church Addition Park Construction 215,000 Donations - . _ ")15:QQ.O]
Quarry Lake Reuse Project Acquisition Park Reserve Quarry Lake Reuse Project Acquisition 250,000 Park Reserve 250,000
Quarry Lake Reuse Project Design 25,000 Park Reserve 25,000 Quarry Lake Reuse Project Design 25,000 Park Reserve 25,000
Quarry Lake Reuse Project Construction 615,000 Grants 450,000 165,000 I Quarry Lake Reuse Project Construction 615,000 Grants 450,000 165,000
Quarry Lake Reuse Project Construction 250,000 Donations 100,000 150,000 Quarry Lake Reuse Project Construction 250,000 Donations 100,000 150,000
Huber Park Improvements Design Park Reserve I Huber Park Improvements Design 110,000 Park Reserve 55,000 55,000
Huber Park Improvements Park Construction 745,000 Park Reserve 745,000 Huber Park Improvements Park Construction 1,374,025 Park Reserve 1,374,025
Huber Park Improvements Roadway Construction 50,000 Assessments 50,000 Huber Park Improvements Roadway Construction 50,000 Assessments 50,000
Huber Park Improvements Park Buiiding Design and Const. Park Reserve 220,000 I Huber Park Improvements Park Buiiding Design and Consl 379,000 Park Reserve 379,000
Huber Park Improvements Park Construction 250,000 Donations 250,000 Huber Park Improvements Park Construction 233,765 Donations 1-1.33,'(.6.2l
Huber Park Riverbank Stabilization Design and Construction Park Reserve Huber Park Riverbank Stabilization Design and Construction 924,012 Park Reserve - ~924.ci12.
Huber Park Riverbank Stabilization Design and Construction Grants Huber Park Riverbank Stabilization Design and Construction 300,000 Grants - ~:Oool
Community Playground System Construction 150,000 Donations 150,000 I Community Playground System Construction 150,000 Donations 150,000
Tahpah Park Redevelopment Design and Construction 313,500 Park Reserve 313,500 I Tahpah Park Redevelopment Design and Construction 313,500 Park Reserve 313,500
Tahpah Park Redevelopment Design and Construction 375,000 Tax Levy 375,000 Tahpah Park Redevelopment Design and Construction 375,000 Tax Levy 375,000
Tahpah Park Redevelopment Construction 140,000 Donations 140,000 Tahpah Park Redevelopment Construction 140,000 Donations 140,000
Greenfield West Park Development Design and Construction 346,000 Park Reserve 346,000 I Greenfield West Park Development Design and Construction 346,000 Park Reserve 346,000
Prairie Village Park Land Acquisition/Construction 157,500 Park Reserve 157,500 I Prairie Village Park Land Acquisition/Construction 357,500 Park Reserve 1::200,000_ _ 157,500]
Dean Lake Trail System Design and Construction 192,500 Park Reserve 192,500 Dean Lake Traii System Design and Construction 192,500 Park Reserve 192,500
Southbridge Community Park Development Design and Construction 800,000 Park Reserve 105,000 117,500 52,500 525,000 South bridge Community Park Development Design and Construction 800,000 Park Reserve 105,000 117,500 52,500 525,000
Southbridge Community Park Development Improvement 20,000 Grants 20,000 Southbridge Community Park Development Improvement 20,000 Grants 20,000
ProvidencelWestchester Park Development Design and Construction 860,000 Park Reserve 860,000 ProvidencelWestchester Park Development Design and Construction 860,000 Park Reserve ":"860:g0Q]
Valley Creek Crossing Park Development Design and Construction 125,000 Donations 125,000 Valley Creek Crossing Park Development Design and Construction 125,000 Donations 125,000
O'Dowd Lake Park Improvements Design and Construction 210,000 Park Reserve 210,000 O'Dowd Lake Park Improvements Design and Construction 210,000 Park Reserve 210,000
Riverside Fields Park Development Design and Construction 262,500 Park Reserve 262,500 Riverside Fields Park Development Design and Construction 262,500 Park Reserve 262,500
Greenfield East Park Development Design and Construction 660,000 Park Reserve 660,000 Greenfield East Park Development Design and Construction 860,000 Park Reserve -8'60,00b~ I
Horizon Heights Park Development Design and Construction 210,000 Park Reserve 210,000 Horizon Heights Park Development Design and Construction 210,000 Park Reserve _ 2.1.0,000
CR 79 Trail to O'Dowd Lake Park Design and Construction 262,500 Park Reserve 262,500 I CR " Tm"" a"""" c,.., "" Design and Construction 262,500 Park Reserve 262,500
Kiiamey Hills Park Development Design and Construction 367,500 Park Reserve 367,500 Kiiamey Hills Park Development DeSign and Construction 367,500 Park Reserve 367,500
I PUSL Channel Greenway Corridor Design and Construction 157,500 Park Reserve 157,500 PLlSL Channel Greenway Corridor Design and Construction 157,500 Park Reserve 157,500
I 10th & Spencer Park Development Design and Construction 50,000 Park Reserve 50,000 10th & Spencer Park Development Design and Construction 50,000 Park Reserve 50,000
Mound & CR 79 Park Development Design and Construction 50,000 Park Reserve 50,000 I Mound & CR 79 Park Development Design and Construction 50,000 Park Reserve 50,000
Community Park Development Acquisition 1,050,000 Park Reserve 1,050,000 Community Park Development Acquisition 1,050,000 Park Reserve 1,050,000
Lions Park Improvements Construction 130,500 Donations 25,500 45,000 60,000 I Lions Park Improvements Construction 130,500 Donations 25,500 45,000 60,000
Small Improvement Projects Construction 100,000 Park Reserve 20,000 20,000 20,000 20,000 20,000 Small Improvement Projects Construction 100,000 Park Reserve 20,000 20,000 20,000 20,000 20,000
Small Trail Projects Construction 100,000 Park Reserve 20,000 20,000 20,000 20,000 20,000 Small Traii Projects Construction 100,000 Park Reserve 20,000 20,000 20,000 20,000 20,000
9,025,000 3,900,000 2,335,000 730,000 932,500 1,347,500 l 14,965,802 2,405,000 4,794,290 3,529,012 1,957,500 932,500 1,347,500
Balance m ,"" - ',m,'" -m', ". -, , '''' ,"" - '''' ,'" I Balance 3,114,447 1,108,647 -1,541,378 -2,735,390 -2,917,890 -2,450,390
Park Dedication Fees $ 900,000 $ 900,000 $ 900,000 $ 900,000 $ 900,000 Park Dedication Fees $ 900,000 $ 900,000 $ 900,000 $ 900,000 $ 900,000
Grants 470,000 165,000 - I Grants 145,000 770,000 165,000
Tax levy 375,000 . Tax levy 375,000
Assessments Assessments 50,000
Xcel Agreement 500,000 500,000 500,000 500,000 I Xcel Agreement 500,000 500,000 500,000 500,000
Donations 690,500 145,000 210,000 I Donations 100,000 674,265 165,000 210,000
SPUC Well Field and Watermain I SPUC Well Field and Watermain 299,200
Interest 7,100 (70,000) (85,600) (47,220) (30,410)1 I
I Expenditures (3,900,000) (2,335,000) (730,000) (932,500) (1,347,500) , Expenditures (2,405,000) (4,794,290) (3,529,012) (1,957,500) (932,500) (1,347,500)
I 12/31 Ending Balance -1,749,898 -2,139,898 -1,180,498 -760,218 -738,128__ .....J12/31 Ending Balance 1,108,647 -1,541,378 -2,735,390 -2,917,890 -2,450,390 -2,397,890
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f r?~S'? f\I t~t/Ot/
2005 Parks Capital
Improvement Program
Update
~
SHAKOPEE
COMMlJNl\YP1illJE SINCE 11lSl
December 21; 2004
2005 Parks Capital Improvement
Program Update
. Quarry Reuse Project Use Agreement with the
Prior Lake Water Ski Association
. Quarry Reuse Project Purchase. Agreement
. 17th. Avenue Sports Complex Builcjing Design
and Cost Estimates
. Huber Park Construction Phasing Plan and
I.. Updated Cost Estimates
. Shutrop Property Acquisition Funding
. Capital Improvement Program Update
1
,
Quarry Reuse Project
Quarry Use Agreement
. The use agreement with Prior Lake
Water Ski Association (PLWSA) outlines
their use of the property
. 25-year term
. 10-year PLWSA commitment
. 180~day termination. cure period
2
,
.
Quarry Use Agreement
PLWSA Obligations
. Funding Public Access Infrastructure
. PLWSAwill pay 50% ofthetotalcosts (up.to $315,000) for
establishing pedestrian and vehicular public access to. the property
. PLWSA's and the citywill work to obtain additional funding for these
improvements by seeking out other partners or usersofthe property.
. Funding from other users/partnerswill.reduce PLWSA's commitment
. PLWSA and the Cit~willwork together in securing grants. For those
successful grants t at PLWSA authors, the proceeds will be shared
50/50.
. Ifthe city desires to move ahead with construction ofthe public
access and PLWSA is unable to pay its portion oftheaccesscosts,
the citywould be required to enter into a. repayment agreement with
PLWSA, or fund the total costs.
. The city retains sole andabsolllte discretion on any and all decisions
relating to the timing, design, and method by which public access is
constructed or prOVided to the property.
Quarry Use Agreement
PLWSA Obligations
. PLWSAwill 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.
. PLWSAwill change its name to the Shakopee-Prior Lake
Waterski Association. *
. PLWSA will maintain most ofthe propert~ until~ubliC access is
created; Once public access is created, LWS 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.
3
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.
Quarry Use Agreement
lake Access
. PlWSA 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.
Quarry Use Agreement
Lake Access
. PLWSA is provided exclusive motorize boat use of
portions of the surface of the water from May 1-
October 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.
4
.
Quarry Use Agreement
Quarry Use Agreement
City Rights and Responsibilities
. The city will use best efforts, but is not
obligated to make the improvements.
. City hasthe right to use all portions of the
property for public purpose, provided such use
does not interfere with the rights being granted
toPLWSA.
. If the city no longer desires to own the
property, the use agreement must be
transferred to the new property owner.
5.
,
,
Quarry Purchase Agreement
Sale of Property
. The city is purchasing
111.425 acres.
. The sale would be a
Bargain Sale, where
there is.a cash payment
of.$250,OOO, and the
remainder of the
property value is
received as a donation.
Quarry Purchase Agreement
Conditions of the Sale
. Aggregate Industries must clean up all debris in
the northwest portion of the property.
. City must have a use agreement with PLWSA.
. Closing must occur on or before December 31,
2004.
6
Quarry Purchase Agreement
Easements and Licenses
. City to provide Aggregate. Industries an easementfor a future rail
spur.
. City to provide Aggregate Industries a water access license for
dust control.
. Aggregate to provide City an access easement.
. Ten-year easement, butonly guaranteed access for five years due to
future rail spur
. If railspur is constructed after five year period:
a) Work with Aggregate to determine if access during specified times can be
accommodated using the easement.
b) Attempt to negotiate access on Xcel's roadway and the east and south sides of the
Quarry property. Would require approval from several different divisions within Xcel
due to the proximity of their sub station and peaking plant.
c) The property would become land locked and unusable by the city or PLWSA until
public. access is created;
Quarry Purchase Agreement
Hazardous Substance
. Aggregate Industries holds the. City harmless from all
liabilities associated with discharge of hazardous
substance from seller's retained parcel.
. The city had developed covenants that would have
provided the city with. these rights from subsequent
owners of Aggregate's retained parcel, should Aggregate
decide to sell itsparcelat some point inthefuture.
However, Aggregate objected to this condition.
7
,
Quarry Use and Purchase
Agreements
loss Control
. We met with the League of Minnesota Cities
Insurance Trust's loss control attorney, an
underwriter, and a loss control expert. Their
comments have been incorporated into the
agreement. I.
. Will need to address access gate, fencing and
signage noted in loss control evaluation.
Quarry Use and Purchase
Agreements
Council Considerations
. Authorize Use Agreement
as presented or modified
. Authorize Purchase
Agreement as presented
or modified
8
.
17th Avenue Sports Complex
Building Design
Jl
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II
(1)_
17th Avenue Sports Complex
Building Design
Design Considerations
. Building will support Jl
activities for a 40-acre site
. Soccer is the immediate J
planned use for the site, "
but other uses may
develop over time
. Adjacent to Sun Path
Elementary; Shakopee
Area Catholic Education
Center, and future SPUC
well buildings
9
1
17th Avenue Sports Complex
Building Design
Design Process
. BKV Group is the project architect
. Met with users and park maintenance staff to
discuss needs
. Developed three concept plans
. Neighborhood meeting
. Parks and Recreation Advisory Board Review
17th Avenue Sports Complex
Building Design
Proposed Design
. Two buildings that
are separated by a
canopy.
. Restrooms, storage
areas, small meeting
area, and concession .
area.
. Large patio with
picnic tables for
seating.
. 1,804 sq. ft.
10
.
17th Avenue Sports Complex
Building Design
Proposed Design
. Brick and block
exteriQr using similar
materials found on
other adjacent
buildings
. Metal roof
. Dumpster enclosure to
be constructed using
two parking stalls in
the parking lot to meet
city code
. Seasonal use (no
heat)
17th Avenue Sports Complex
Building Design
.~
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11
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17th Avenue Sports Complex
Building Design
Cost Estimate
. $424,510
.. Includes building, canopy, dumpster enclosure,
relocating irrigation controls, and site improvements
. Advisory Board considered cost reductions, including
combining the two buildings into one, as well as heating
the building for year-round use
. Original estimate was $448,000
. SPUC well building low bid was $560,820
17th Avenue Sports Complex
Building Design
Council Considerations
. Continue with construction documents and
bidding
. Direct redesign for architectural changes or cost
reductions
12
Huber Park. Phasing Plan and
Cost Estimates
~
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Huber Park Phasing Plan and
Cost Estimates
Phasing. Plan
. Bonestroo studied
phasing alternatives
. Two phase approach
. Park Development
. · Performance Area
. Trails, Roadways; and
Site Improvements.
.. Restroom/Storage Room
Building
. Landscaping
. Riverbank Stabilization
. Riverbank
. Overlooks andTrails
13
,
"
Huber Park Phasing Plan and
Cost Estimates
H._PiIlk
Phaso I & 2 ProjocI ScIlellule
Huber Park Phasing Plan and
Cost Estimates
Cost Estimates
. September Estimate: $2,964,015
. New Estimate: $3,302,802
. Park Development: $2,078,790
. Riverbank Stabilization: $1,224,012
. Riverbank work is the primary cost increase factor
. Costs include additional professional services
. Restroom/Storage Building Design
. Construction Administration
. Riverbank Overlooks
14
.
.
Huber Park Phasing Plan and
Cost Estimates
Cost Reductions
.. Picnic Shelter: $40,000
. Picnic Tables: $44,000
. Performance Area L~hting, Projection Screen, and
Sound System: $92, 0
. Eliminate the Riverbank Overlooks and Trail: . $98,890
. Eliminate Performance Area Coverep Structure:
$170,500
. Reduce the Length of Riverbank Stabilization:
$450/linear foot = $450,000
. Eliminate or Delay the Riverbank Stabilization:
$1,224,012
Huber Park Phasing Plan and
Cost Estimates
CounciFConsiderations
. Proposed Project
Phasing Plan
. Proposed Cost
Estimates and Potential
Reductions
. Alternative Funding and
Sponsorship
. Additional Design
Services
15
.
,
Shutrop Property Acquisition
Funding
Shutrop Property Acquisition
Funding
Priority Park Acquisition Site
Sho"""""ShutrcpPropoll\y Area Map
16
.
,
Shutrop Property Acquisition
Funding
Purchase Price: $6,375,000
Funding. Sources
. Park Reserve Fund $2,000,000 (CIP)
. Sale of Land for Development $2,500,000
. CR21 ROW $"'595,200
. Fire Station $300,000~$500,000
. Park Dedication Fees Development $"'175,000
. Greenway Grant Funding $?
. Total . $5,570,200-$5;770,200
. Shortfall $804,800- $604,800
. Additional Park Dedication Fees +/-$800;000
From Property Development
South of CR 16
Shutrop Property Acquisition
Funding
Other Considerations
. Conditions of the sale is that the city conduct a
"friendly condemnation" of the entire property.
. A portion would be conveyed to a developer for
residential development.
(Both of these are legal for the city to do.)
. Acquisition of this property provides key
connection in Southbridge/Dean Lakes Park
Master Plan
17
.
.
Shutrop Property Acquisition
Funding
Council Considerations
. Sale of Land for
Development
. County Road 21 Right-of-
Way
. Fire Station Site
Opportunity
. Pike Lake Trail
Contructed
. Commitment of Future
Park Dedication. Fees
Capital Improvement Program
Update
18