B. Draft Agreement for Off-Leash Dog Area at Lake Minnewashta Regional Park
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952,227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone 952.227.1140
Fax 952.227.1110
Park & Recreation
Phone 952.227.1120
Fax 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone 952,227,1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax 952,227.1110
Public Works
1591 Park Road
Phone: 952.227.1300
Fax 952.227.1310
Senior Center
Phone 952.227.1125
Fax 952.227.1110
Web Site
www.ci.chanhassen.mn.us
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MEMORANDUM
TO:
Todd Gerhardt, City Manager
Todd Hoffman, Park & Recreation Director ?",.
October 23,2006
FROM:
DA TE:
SUBJ:
Draft Agreement for Off-Leash Dog Area at Lake Minnewashta
Regional Park
For the past 12-18 months, Carver County, the Cities of Chanhassen and
Shorewood, and the Shorewood Park Foundation have been discussing a joint
partnership to create an off-leash dog area. The proposed location for the park is
Lake Minnewashta Regional Park in the City of Chanhassen. The attached draft
agreement was prepared by Carver County and is in the process of being
reviewed by the partnering agencies. City staff and our legal counsel have
reviewed the document. Our legal counsel has suggested the following addition
to Paragraph 5, Indemnification:
"The City of Chanhassen' s duty to indemnify and hold harmless is
subject to the limitations and immunities in Minnesota Statutes chapter
466 which are not waived."
Martin Walsh, Carver County Parks Director will be present at the City Council
work session to discuss the draft agreement and concept master plan for the off-
leash dog area. Staff supports the development of this highly sought after
facility in our community.
ATTACHMENTS
1.
2.
3.
4.
Draft Agreement.
Background Information
Preferred Concept Plan
2004-05 Off-Leash Dog Area Location Map
The City 01 Chanhassen · A growing community with clean lakes, quality schools, a Charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
DRAFT
Agreement between the City of Chanhassen, City of Shorewood,
Shorewood Park Foundation and Carver County
For an Off Leash Dog Area at
Lake Minnewashta Regional Park
The Carver of County, City of Chanhassen, City of Shorewood and the
Shorewood Park Foundation agree to partner on the funding and development of an off
leash dog area ("space") at Lake Minnewashta Regional Park. The City of Chanhassen,
City of Shorewood, and the Shorewood Park Foundation ("partners") agree to provide
partial funding for an off-leash dog area. Carver County agrees to provide the land,
ongoing operations, maintenance, and partial funding for the space.
A. Services to be Provided As Per Attached Exhibits r no exhibits attachedl
Carver County agrees to construct the space consistent with the approved Lake
Minnewashta Regional Park Master Plan and the Lake Minnewashta Dog Park
Development Concept B (Exhibit A).
1. Operation of the off-leash dog area shall be consistent with established County
Park Ordinance.
A. The partners and Carver County agree to contribute to this project as
follows:
i.) Carver County's List of Deliverables:
Carver County will provide the fencing, trail development, parking lot, signage,
grading of clay and topsoil, seeding of graded areas, removal of existing garage,
removal of asphalt road material, general site clean up, potable water & dog wash
area as funding allows.
Upon consultation with the Partners, Carver County reserves the right to adjust
the above list of deliverables if funding is insufficient to cover costs related to the
development of the space.
ii.)Financial and other Contributions:
All parties are committed to financial contributions up to the following:
City of Chanhassen - $30,000.00;
City of Shorewood - $5000.00;
Shorewood Park Foundation - $3000.00;
Carver County Parks - $5000.00 + land, in-kind services, on-going operations
maintenance and project management.
iii.)Ownership and Space:
The space is a part of Lake Minnewashta Regional Park and is owned by Carver
County. Nothing in this agreement shall be construed to transfer ownership or
property rights from Carver County. Materials and equipment purchased for the
space shall become property of Carver County. Carver County will exercise
reasonable care and provide repair maintenance and replacement consistent with
other park facilities and grounds.
iv.)Maintenance and Operations:
Carver County will provide ongoing maintenance and operations of the space
including a minimum of one (1) portable restroom, routine grounds care and
upkeep, regular trash/waste collection, repairs and equipment replacement.
2. Defaultffermination
If any of the parties fail to perform any of the provisions of this Agreement or so
fail to administer the work as to endanger the performance of the Agreement, this
shall constitute default. Unless the Partners default is excused, Carver County may
upon written notice immediately cancel this Agreement and project in its entirety.
This Agreement may be cancelled with or without cause by either party upon forty-
five (45) days written notice. Upon such cancellation, costs for the project will be
determined and shared proportionately based on the agreed to funding commitment
remaining.
3. Reimbursement/Payment
Carver County will provide funds for materials and services to be purchased for
the off leash dog area up front. Carver County will submit a copy of the invoice,
and warrant number as proof of expense and payment to each Partner. The costs
of the project will be divided proportionally to the stated funding commitment:
City of Chanhassen 70%; City of Shorewood 11.5 %; Shorewood Park
Foundation 7%; and Carver County 11.5%. Billing of the project will not exceed
the stated funding amounts. Payments by the Partners shall be made within 30
days of the billing invoice date from Carver County.
Example of Reimbursable Expenses:
· Contractual services: tub grinding, plumbing, fence installation;
· Material costs: fencing, water line, hydrant, aggregate for parking lot and ADA
trail, wheel stops, culverts, signage, waste containers, and benches;
· equipment rental: bulldozer.
Examples of in-kind services provided by Carver County:
· Staff time, use of owned equipment, items which can be fabricated in house
(signage), surveying work done by carver county public works.
4. Proiect Completion
Carver County Park will make reasonable efforts to complete this project by
December 31, 2007.
5. IndemnificationIHold Harmless
The Partners agree to indemnify and hold harmless Carver County, its employees
and officers from any and all liability, loss, costs, damages and expenses including
but not limited to property damage and personal injury which arise in connection
with any negligent acts or omissions of Partner's employees. County agrees to
indemnify and hold harmless the Partners, their employees, officers and agents
from any and all liability, loss, costs, damages and expenses including but not
limited to property damage and personal injury which arise in connection with
County's perlormance of this Contract or in connection with any negligent acts or
omissions of County employees.
It is understood and agreed that the entire agreement between the parties is
contained herein and that this Agreement supersedes all oral agreements and
negotiations between the parties relating to the subject matter. All items referred to
in this Agreement are incorporated or attached and are deemed to be part of this
Agreement.
6. Non Discrimination
During the perlormance of this Agreement, the Parties agree to the following: "No
person shall, on the grounds of race, color, religion, age, sex, disability, marital
status, public assistance status, criminal record, creed or national origin be excluded
from full employment rights in, participation in, be denied the benefits of or be
otherwise subjected to discrimination under any and all applicable Federal and State
laws against discrimination."
7. Amendments
Any alteration, modification, or variation of this Agreement shall be reduced to
writing as an amendment and signed by the parties.
An authorized person from each Partner having signed this Agreement, and the
Carver County Board of Commissioners having duly approved this Agreement on
the _ day of , 2006_, and pursuant to such approval and the proper
County officials having signed this Agreement, the parties hereto agree to be bound
by the provisions herein set forth.
APPROVED AS TO FORM
CARVER COUNTY
Assistant County Attorney
Date:
Chair, Carver County Board
Date:
CITY OF CHANHASSEN
SHOREWOOD PARK FOUNDATION
Chair, Chanhassen City Council
Date:
Chair, Shorewood Park Foundation
Date:
City Attorney
Other authorized official
CITY OF SHOREWOOD
Chair, Shorewood City Council
Date:
City Attorney
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Off Leash Dog
Areas in the
Twin Cities
Metropolitan Area
2004 - 2005
Helpful Tips and Safety Information
. PARENTS: Keep your children away from
unfamiliar dogs! Many dogs do not live
with children and are not well socialized
to children.
. Make your first visit to a dog park
without your dog. so that you can
familiarize yourself with the area and
posted rules.
. Inexperienced dogs and people should
visit at times when it is not busy (early
morning, mid day). Break-in gradually,
preferably at the larger sites where there is
more room to move away from others.
. Let your dog OFF THE LEASH as soon as
you enter the off-leash area. Mixing leashed
dogs and unleashed dogs creates tension!
Your dog will be most comfortable off-leash.
. KEEP WALKING, avoid the temptation to
congregate. Congregating dogs and people
creates tension!
. PICK UP POOP! Bring bags and help keep
the area clean by picking up an "orphan"
poop and other trash.
. Be aware that dogs have different play styles
and are often rambunctious. KNOW YOUR
DOG and avoid situations that cause stress!
Ramsey County - No Permit. Open daily
sunrise to sunset.
o Woodview (Roseville)
Located off Larpenteur Avenue, just east of Dale
Street (access gate to main off-leash area is about
100 yards down the bike trail).
f) Rice Creek (Shoreview)
Located just south of County Road J on
Lexington Avenue.
e Battle Creek (Maplewood)
Located near Lower Afton and McKnight Rd.
4i) Otter Lake, (White Bear Township)
Opening October 2004. Partially fenced 10+
acres of rolling hills with both wooded and open
prairie vegetation. A separate, fully fenced, 1 acre
Small Dog Area is an added feature of this site.
St. Paul - No Permit. Open daily sunrise to
9:00 PM.
e Arlington! Arkwright Off-Leash Dog Area
(ArIArk). Located on the comer of Arlington
Avenue and Arkwright Street.
Minneapolis - Permits Required, Open daily
6:00 AM to 10:00 PM.
o Columbia Park
St. Anthony Parkway off Central Avenue.
o Franklin Terrace
Franklin Terrace and 30th Avenue South.
e Lake of the Isles Park
Lake of the Isles Parkway and W 28th Street.
(!) Minnehaha Park
Minnehaha Avenue and E. 54th Street.
Bloomington - No Permit. Open daily
dawn to 10:00 PM.
o The dog park is located at 111 th and Nesbitt.
Access for the disabled.
Burnsville - Permits Required, Open daily
5:00 AM to 10:00 PM.
(!) 1200 Alimagnet Parkway.
Plymouth - No Permit. Park hours are
posted.
4D Egan Park, 17105 Co. Rd. 47.
Located at the south side of CR 47 about two blocks
west of Dunkirk Lane.
Three Rivers Parks District - Annual/Daily
Permit Required. Parking permit required.
Open daily 5 :00 AM to sunset.
o Elm Creek (Champlin-Dayton-Maple Grove)
13080 Territorial Road. Take CR 81 northwest
to Territorial Road. Turn right and follow to the
park entrance.
G) Cleary Lake (Prior Lake)
From I-35W, follow Hwy 21 (185th St. exit) to
CR 27. Go south on CR 27 to the park entrance.
4D Lake Sarah Regional Park (Near Rockford)
Take Hwy 55 to Rockford.
~ Crow-Hassan (Rogers)
From 1-94, take the Rogers exit south through
Rogers to CR 116. Turn right on CR 116 to CR 203.
Turn left and follow CR 203 to the park entrance.
Rosemount - No Permit. Open daily.
~ Schwartz Pond
Located at 13787 Dodd Blvd. County Road 42,
north on Hwy 3 to Dodd Blvd. and the park is
on the left.
St. Louis Park - Permit Required. Park
hours are sunrise to sunset.
o St. Louis Park
This fenced 1.5 acre interim site is located at the
Bass Lake Preserve on Wesy 36th Street and Belt
Line Blvd. (east of the tennis courts). Bring
drinking water for your dog!
Dakota County- Coates - Permit Required.
Park hours are 5:00 AM to 10:00 PM
4Il) Coates
Located right in the middle of Dakota County near
Coates, on Blaine Avenue south of County Rd. 46
(I 60th Street E).
City of Crystal - No Permit. Open daily,
sunrise to sunset (no lighting).
~ Crystal Community Dog Park
Opening November 2004. Located adjacent to the
MAC Wildlife Reserve bordering the Crystal airport.
Take Bass Lake Rd. to Regent Avenue, go north on
Regent to 60th Ave. Park at the Babe Ruth Ballpark.
Printed and distributed by ROMP' (Responsible Owners of
Mannerly Pets'). 1769 Lexington Ave N. #385. Roseville. MN 55113
Phone # 651.776.0307. www.dogROMP.org.
ROMP is a 501 (c) 3 tax-exempt charitable organization.
Copyright (C) 2000 by ROMP. Release 09/2004
DO NOT DUPLICATE WITHOUT PERMISSION