9b Gorra ProposalCITYOF
CHANHASSEN
690 (.'i7 G',ter i)Eve. PO P, ox 147
Ch~,J~asse,. 3h',,~5ot~ 55317
l>/,o,c 612 933 I900
(Te,eral ~x 612. 937. 5739
E, gi,eo'i,~g ~:c 612. 93 7. 9152
15~blic ~)~O' f'~.v 612, 934.2524
MEMORANDUM
TO: Park and Recreation Commissio.n ~~,/
FROM: Todd Hoffman, Director of Parks and Recreation
DATE:
October 19, 2000
SUB J: Gorra Proposal
I have reviewed the Lake Ann Park file. Documents related to the original
acquisition of the park identify that federal Land and Water Conservation Funds
"LAWCON" were accepted by the City. This restricts the City from
selling/leasing the property. Mr. Wayne Saymes~ Grant Manager with the
Department of Natural Resources, confirmed this in his voice message of October
4, 2000.
I have spoken with Mr. Gorra about my findings. He thanked the City Ibr our
consideration and informed me he would continue to consider his options.
G ',park',Ih'Go rraProl×~salUpdate
Todd,
This is Wayne Sims from the DNR returning your call. I'm sorry it's taken me so long to get
back to you. I've been out of the office most of this week. In regard to the question of whether
or not a portion of a park that was assisted with a state or federal grant could be used for a
private golf course--that would be a conversion. We have had a similar request within the last
ten years, I think it was the City of Roseville, and after a lot ol~ discussion with the federal people
and with the city, it was very clearly determined that it would be a conversion. If you need any
more detail on it, let me know, but that would be the case. First of all, even if it were approved,
which is probably pretty doubtful, it would still require the city to replace that property with
some property of at least equal appraised value in similar kinds of recreational usefulness. It
would be a pretty big burden for the city and the cost to the city to go through that. Again, if you
need more information, you can try to contact me. I am going to be out of the office most of the
rest of this week. You can also contact Tom Cranz who is the project manager for Chanhassen
and for Hennepin County. Tom's number is 651-297-3168. Hope that helps you, but get in
touch with us if you need more detail.
October 4, 2000
g:\park\th\dnr.doc
Hoffman, Todd
From:
'--'~ent:
i'o:
Subject:
Manders, Jim [Jim. Manders@fingerhut.com]
Monday, October 16, 2000 10:45 AM
'Hoffman, Todd'
Out of Town
Todd,
AS an FYI, I'll be out of town 10/19 - 10/26. Thus, unable to attend my
scheduled turn at the 10/23 City Council meeting and our 10/24 P&R
meeting.
My comments on any potential discussion with Gorra on his golf course
and
Lake Ann woods is that:
* I favor using part of the Lake Ann woods for the golf course as
long
as we get acceptable compensation such as a percentage of fees and we
arrange for an acceptable trail segment around Lake Ann.
STATE OF MINNESOTA
DEPARTMENT OF CONSERVATION
ST. PAUL, MINNESOTA 55101
August. 4, 1970
LW27~O0327-Lake Ann Park
Carver - Chanhassen
'Ado!phTessnes, Administrator
Village of Chsnhassen
Box 147
C~anlnassen, Minnesota 55317
Sir:
We ~e enclosing a copy of the project proposal and attachments
as ~ac submitted to the Bureau o~ Outdoor Recreation. We are a].so
enclosing four (4) copies of the State-local Project Agreement°
Please ret~rn copies l, 2 and 3, and retain copy 4 for yo~ files°
'~,Z3.C S ~,
Very truly yours~
.~;z~:~.._ ..~
_.- /./,.,~/.~ .,,;,' /..
/~:., ~. //. I. ~. .... .
,/.
Jerome Ho
Planning Administrator
Bureau of Planning
DEPARTblENT OF THE IN%
BUP~EAU OF OUTDOOR RECREATION
PROJECT .PROPOSAL - ACQUISITION
~,'-:i~ form for =ubmi=sion of individual projects for
c=quirL~ Ionds and wafers or interests in lands and waters
for f,::~fic outdoor recr~tion purposes. If concur~nt Develop.
Date Received j Priority
Project Officer
YON 19017, USE ONLY
Project Number
27-00527 -
SECTION I
!. S~2t~ or Territory
2. Nome and address of agency responsible for project .
..... ~,, of Cha~has~en~ Box ~47
Ch~-ajseii, Minr:esot~ 55317
3. Prcj::ct Title.
4. !3:ici desc?ipticn of project
_.'_~ Vi!ieEe of ~-.~s .... ~ vii!! acquire appro:~i.~.te!y 63 acres of l=~d
~:,~ vill.-~'~e limit,s, by p~chase~ for p~f~lic o'~tdoor ~ -~,~ ~
:_,~:,~tSon cf project ' J 6. Federal assistance requested J 7. Recommended priority
:=~,,OoA~to L2~5!-7q 3~.~O00000 (594.500.00'~) J
(~ganizatidn, and Tide of individual having day-to-day respon- J 9, ~ame and Address to appear on
r,,. direction of project [- ' 'J:~,~ -~ ,- q-~--,F~ ¢ ;,15~,.-,- ~.~,---.
.,_,,?bh ........ ~..- ' ' ~ .,- = .... e C.-- ...... . ......... : --
!4% ": .... ' ....... ,-.= . , :--. ...... - .... =:, ....
AND CONDITIONS: ~ submitting this Project Proposal, the State hereby accepts thg Te~s and Conditions act
2ORGrmts-in-Aid Manual, which willbe a part of the Project Agreement for any grant awarded under this prooozal.
I!. ~EFqTIFICATION: As the official designated to represent
'd~.e St."_ie and act for the State for purposes of the Land
and Water ,Conservation Fund .Act, I recommend that
~ssiatance'be made available from the Fund, when monies
are availablet in accordance with the recommended Driority.
· N~ financial assistance has been g~ven or promised under
r.?.y other Federal program or activity with regard to the
g:oposed project. The State or public agency to be
cp-.na!~!e for the proposed project has the ability and
- 7/ ' (Signature)
(Date)
intention to finance its share-of the costs of this proj,.ct.
The Applicant will not discriminate against any person
the basis of race, color, or national origin in the ucc of
any property or facility acquired or developed pursu::nt t~
t.his proposal, and shall comply with the terms and intent
of Title VI of the Civil Rights Act of 1954, P. L. 8°0-354
(1964), and of the regulations promulgated pursuant to sucix
Act by the Secretary of the Interior and contaLced in
43 CFR 17.
Co B. JSuclsnm=n~ Deputy Co:t52i~.~ic..'.!e~.-_ ~.
(Title)
12. 7c: State use
~80~030°00
S189,CC0oO0 *
555)
SECTION
N::tu~e and,Extent of Use-A. For entire area in which acquisitions are to be made:
~,:zt,.u~'a3. ccoZo~--'i~al ar,~a.~ hfdd:a.g~ ice ~" ~'~ ' ~'- ~ "~-'- ~i;c~'~
For ~re~ to be acquired: "'
2. BgP, Classification of area
_ 5. Total acres to be acquired
Check one
C'~ .New Site
~_~ Addition to existing'site
4. ' Location~
' Town populatio~{~'00 Miles from Town
6. Cover, acres in CrCp~_~,c% 2') ..
' A, Forest. ~ B, Rock C, ~C'-'~t'o~,'"~r. ~- .D. Swamp
E. Grass ~.O __ F. Desert .G, ~ater
7. 'r':.>~zran. by,~res in'
A. Flat ~ I3. Hilly
8. Waterfrontl fee.L_.qn A. Ocean__
B. Lake~,~)~k) C. Stream__
9. Roadfront, feet on
A. Dirt
B. Gravel C. Paved.
'ACRES
ESTIMATED
VALUE
FOR 'CONCURRENT ACQUISITION AND
· DEVELOPMENT PROJECT SUBMISSIONS
Total estimated acquisition value
Total estimated development costs
TOTAL
Tot-,~i amoun% of Federal assistance requested
S~,'.:rce of remainder of funds
10. PARCELS TO BE ACQUIRED
NUMBER OF
BUILDINGS
ESTIMATED
VALUE
METHOD OF
~6.CQUIS. ITION
APPROX.
DATE OF
~CQUISITION
TOTAL ESTI~L&TED VALUE S
Amount of Federal acquisition
assistance requested
Source of remainder of funds
TOTAL -
VALUE
!'3:7 ,; C '5 ),~ :39
; : - ' '- SECTION 1 11 ATTACHMENTS
: .. r,v~.:c.,, by reference number, the following supplemental documents necessary to process this Acquisition Project P:oposa~:.
.k--fdO--I Pro]ecl ]uszi/ication. A. Description of how the proposed project is in accord with the State outdoor recreation plan
: -" and would help meet priority needs identified in the plan. Indicate Low the natural beauty of tko area :,.'il! .'.-' pr..~-
_ '.'7""" served. B. Indicate other organizations consulted during formulation of this proposal. C. Plans for Ope. rations and
. , - ,Maintenance. ..
; ;5 -' ..- ~--O'~r}-9, -. -. !daDs and Charts. A. Simple plot plan or map showing the total area to be acquired and its relationshi*, to the su,-rou::d-
: : . ' .... ins area..Armotate any plans for streets, highways, waterlines, sewers, etc. to be located on or nea~ the involved
: (Key to show location within State, County, or city.) B. Description of any improvements on lands to be acquired.
'" C. Description of all legal rights to be held by applicant and any other person or organization.. ,
A--CS0-3- A~,reements. A. Agreements or arrangements made with other organizations for participating in the projacG o: L-~ tater
operation and maintenance of the comple{ed project.
..?iL:. hc?..a si{own below need not be submitted with the project proposal. However, during the course of exicution of aa ap;:rovei
pr~:.'-:,:i, the applicant should be prepared to submit them to the Bureau for review, as follows:
A--6i;0--4 Appraisal reports and other documentation of cost. -
~~\-5'5.0--5 Satisfactory evidence of title (such as an opinion by the State Attorney General) for each parcel.
A--5~..0-6 Five-year history of conveyances for each parcel listed in project proposal (name of parties involvud, datea, iat=res~
conveyed and consideration).
^-66o-1
This proj~?ct meet.~ thy requirem~mts of the 1968 Minnesota Outdoor
2ecre;ition i'l:Jn anJ i~s Priority "A". This decision is justified by
reference to page~; !~O, 172, 192 and 193. 'It is ~so stated on page
114 thn'~ t~.,~ necd for %c]ui~ition of additional acrea!]e to provide
for ~evclo?mcnt of 'ctro:~olitnn oriented recreation ~'eas and facilities
geared prim:~rt!y to ~ay-us,~ activities. Also, refer to Table 66~ Devel-
ope,] LanJ.,cre~i.~' -.6~. .h~quired to Meet New, ds for Outdoor Recreation
Facilities 5y iU;'~'3.
Since ow;r ~O., tile total. !ake~hor~ lnnds ih the Village have already
been developed, t":e rece,.tly comp~etnd Cha~assen P~k Study proposes
t.lat every effort ~,e :.]:~e to preserve ars roach as possible of the re-
mr,lainC l~e fr~:r, ta~le. Particular emphn:~is is being placed on the
L;d~e Ann ~te ~,. t;t:~n.~ one of ~"TM _
. ~ .~. mo~t desirable remain~ n~; ~eas in the
7~lla;~c. 'i~he cr[t~,ria ,~;ed in selecting the ~ke Ann site for priority
acqui~iti~n, coarser:n:; to ~:evcral r~commended goals ~d policies contained
in the (3p~n Sp.~ce element of the ~etropolit~l Council's Development Guide
and the ob.~.~ctiv~:x o'' t :n currt~nt 196~ St~lte Outdoor ~ecrcation t~lan~
namely a~cqui~'l: ~o~ oF iake~horc ?rnr~,~rties placin~ a high priority on
p~ovl,{~n,~ ~ ~::~.~ ~,3,.~] ,ublic acces~ on lakes with poten[~ial for ~ublic use.
Fhe V~ll~je of Jhanhansen covers a.~proxim~tely twenty four square miles
!n t~.e .~outhwe~yt r~ section o7 the ~,~in Cities Metropolitan Area,
~p[moximatel3 !5 miles from the :linnuapolis loop. The'proposed Lake ~n
pro]act area (6j acrea) is the initial acquisition of a total desirable
l~ke recreation ure~ o? ~3ome 490 acres. This total ~ke Ann area is
con:;i~ered tk~ 7i~ '
... ~lt~;e s proposed major recreational facility, There
~re no dew,lope~l .w,rk:~ within the Village today.
As indicate~, or" ~; desi~ plan, it i~ prol, osed to retain the natural
beauty ~f t!,c ::it,TM- '~,.nd develop activity and service areas in which a
re~erw, ~uffer :,r,~'~ .qi. ll provide a screen between adjacent urban devel-
op, m.L a::~ traffic. Lon.j rnn/e Fla-u; call for expanding tl~ia park site
in t'~e fut~e ;~[-h ~ ~terpetuatin;~ emphasis upon the natural surroundings,~
There are no ov-r..ead powerlinc.~ on the p~cels to be acquired. ~11 .-
~ ~ .-... Lnt. o tLe part :tad through the p~k complex will be
placed undcrcro',nd flo~ safety and aesthetic values. There is one overL
hen,~ utiliLy lin,:' .~rvlcing the home loc-ated in the one acre exception,
which r'~ns from t,e ~,rimary u~i[ity line~ runnin~,~ on the south road
ri.u',t-bf-wa3 o~ 2l??~way 5. Thence utility lines are outlined ~d keyed
on the site ~p,
All utilit7 ~[rieG %~rvi~.'~ th[:~ devulopm~nt and all future developments
Any f~rt. her dew.,lol~m,~t within t~,e ',-,,'k ~oundaries will be undertaken in
co'~i'or",a~ce..wisl~ ,.~:~ ?~2 politic:r; ~:~rtatninf; ~o e~vironrnentai intrusions
i~ effect on th,~ d:~t.e of project approval.
- 1 -
LAWCON funds rot Phase II will be considered based on the State's
priorities a3~d criteria for FY ?1 apportionments. -'
"Other orgtmizations consulted durin,-~ forrtrulation of this proposa], havo~-
been the Metropolitan Council and t'r;e Sta~e Planning Agency. The. -
Village of Ch,~u~hasscn has retained a professional park planner to - -
ana,17zo the site and recommend development on the proposed acquisition.
State Clearingkouse conments have been considered also. (Form A-95 ~..
attached)
The VillaGe of Cha~nassen will operate and maintain this p?[rk facility?
No aiTeemen[s w~ll be made t~ith other orEeunizations fo~ the operation.
or ma_inter, since o~ the area. The site will be open year around to the-
general l::mblic reg;~r'dless of r~ce, creed, or place of residence.
A-6g, O-2
A.
Maps and Ckarts
~,e following maps and charts are attached (2 copies enclosed)
1.. State emd County map
2. A village plat showing location of park site
3. Site map showing p,mrcel to be acquired
4. Site map showing proposed development
,' 5o Forms 1350 and OR7
'~ 6. A-95 Clearinghouse
' 7. Letter of approval and recommendation from Metropolita~ Council
There amc no imporvements on the l?_nd to be acouired. '~"
The Village of Chanhassen will hold fee simple title to p~cels acquire~.-
-2-
STATE OF MINNESOTA
DEPARTMENT OF CONSERVATION
LAND AND WATER CONSERVATION FUND PROJECT AGREEMENT
Village of Chmubmmsen
L','I27-00327
Local Unit of Government
Project Number
Carver
Project Title
Date of approval to 12-31-75
County
Pct.;od Covered by this Agreement
PROJECT SCOPE:
~e Vill-mge of Cha~hassen will acquire approximately '63 acres of land within
the village limits in stages, by purchase, for public outdoor recreation
>~Poses.
Entire, project
~'~,~e'*'"" CovCed by this A~yee;nent
2'~oj~ct Cost The following attachments are hereby
incorl>arated into this agreement:
Estimated Total Cost S__.l..~9 ~ 00[3 ~ 1. General Provisions
Fund Amount* $--~g-~0._Q~00 2. Project Proposal
Cost of this Stage 80:~0.00 3.
rnax~f~m amoungof feocral assistance that will be provided on a pro/act. This amount is d~termined at the timP of
the ~ro]~t qualifications from information conta~ned in the project proposal.
The State of Minne~ta, by its delegated liaison, the De~ment of Conservation, and the Villasa of ~ '
__ hereina~er referred to as the local gmit of government mutually agree to perform this agreement in accordance wkh
~ Land and Water Conservation Fund Act of 1965 (78 Stat. 897) and subsequent amendments, the Regulations of the
Bureau of Outdoor Recr~tion and with the terms, promises, conditions, plans, specifications, estimates and p~ocsdurss
attached hereto and made a pa~ her~f.
The S~te of MMnesOta hereby agree, in consideration of the promises made by the local unit of government'hsrc~n, to
accept such funds from the United States and to reimburse the local unit of government for that po~ion of th~ total
ob~st?on that is the United States' share as approved by the Director of the Bureau of Outdoor Recreation, Depa~ment
~e Interior. It being undsr~ood that incucred coas shall not be reimbursed without written proof that such funds hove been
p~id.
The Ic.~l unit of government hereby agrees, in consideration of the promises made by the State herein, to ex,ute the
proiect s~age herein de-scribed in accordance with the terms of this agreement. The local unit further a~rees to comply with
t,,~ terms, conditions, and provisions contained in all of the attachments which are hereby incorporated into this a;reement,
as ¢~ated above.
It is hereby under~ood that the local unit of government has reviewed the attached Bureau of Out'ocr Recreation form
3-g'O or 8-91 and the attachments thereto and has found same acceptable to the local unit of government. . ..... . . :,.
Provided, however, that notwithstanding the grant approved herein, the State of Minnesota shall not be held liable for such
co3!s as ar~ incurred by the local unit of government which are held to be nonreimbursable by the Bureau of Outdoor
,Recreation, because of the failure of said local unit to complete the projec~ as authorized by the latter agency or held tO be
r:cnreimbursable by either the Bureau of Outdoor Recreation or the State Liaison Official for failure to comply wkh design,
stsnd3rds, or refiulations as may be determined by the State Liaison Official (administering the program at the state l~vel) or
by the Bureau of Outdoor Recreation (~he 9ranting federal agency.)
The local u[~it of government 'her agrees that in the event the project "ese herein described is ruled to be
no.nreimbursable because of noncom,.,ance, any federal moneys already paid on ti, ';count of this agreement by the State
Treasurer, shall be repaid to the State for repayment to the Treasurer of the United States, if so demanded by the Bureau of
Outdoor Recreation.
It is understood and agreed by the parties hereto that in the event federal funds are not available for this project within a
period of one yea. r ~ro. m.th~ date of this agreement then this agreement is null and void ..... .. .: L "'.'
it is further understood and agreed by the parties hereto that this agreement shall not obligate the State of Minnesota for
any of the project cost_s.d.e.sc, ribed herein, except the moneys received from the United States ip reirn..b.urse, me..n..ts for project
~vork completed by the local unit of government.
The following special project terms and conditions were added to th:is a-'g~:ee'~nent before it Was Signed I~y'"~'he parties
hereto:
~.. :. FURTHER: WHEREAS, it is mandatory that the applicant-recipient local uni{ of governing'hr adequately provide ¢or the
maintenance of the area and the facilities constructed thereon as required under the provisions of said Act and the regulations
.... of the Bureau of,Outdoor Recreation;
~-' I'~O~'~HEREFORE, the aforesaid Io~al unit 6f government does agree to perform and provide the following: The prope~y
t' ~hali Be '~ain~ained so as tO appear attractive an~ inviting to the public. Sanitation and sanitary facilities shall be maintained
"'in accordance with the appiicable s~ate and Ioca'l Public health standards. Properties shall be kept reasonably sale for public
use. Fire prevention, lifeguard and similar activities shall be maintained at reasonable levels to prevent loss o[ life of u~rs.
Buildings, roads, trails and other structures and improvements shall be kept in reasonable repair throughout their estimated
-: lifatim~ S~ aS to prevent undue deterioration and ~t to discourage use on the above described project.
~' '"~ND; it is fu~her ag~d that the lo'al unit of government will keep the facility open to the general public at reasonable
r~du~'s'-~n~-'at' t~mes of the year'consisten~ with'the type of facility, and will further obtsin the Secretary of the Intsrior's
~pproval in writing before any change from the original recreational purpose or jurisdictional control is effected on th~ above
d~crlbed project;
~':"-;AND,'it'is fG~her bgreed th~t's~6~ld'the Ioca~ Unit of government fail to provide for adequate maintenance as provid~
.~h~bi~' ~e- Sta~e may withhold f~u~e ~yments to the local unit of government on any or all current or future projects until
the sltuation involved is corr~ted; withhold from current or future payments the amount of a~istance previously pa'id out
[or the project or projects involved. In the event of default the State shall have the right to maintain the project and shall be
'~au~i~ri~ to charge ~uch co~ of maintenance back to the local unit of government. It is fu~her agreed that such costs of
maintenance shall cons~tute a debt due and Owing to the State.
LAND AND WATER CONSERVATION FUND PROJECT AGREEMENT
GENERAl_ PROVISIONS
The following General Provisions shall be incorporated into and become a part of the Project Agreement.
A. DEFiNiTIONS
: "*l~'i'he te~m "Bureau of Outdoor Recreation" is used herein means that bureau of the United States Department of Interior
'"'"" ' ' which administers the Land and Water Conservation Fund Act.
2. '~ha term "Director" as used herein .means the Director of the Bureau of Outdoor Recreation. or any representative lawfully
delegated the authority to act for said Director.
3~. Th~ term "Commissioner" as used herein means the Commissioner of the Department of Conservation, State of Minnesota or
any representative lawfully delegated the authority to act for said Commissioner.
4. TI~9 term "~anual" as used herein means the Bureau of Outdoor Recreation's Grants-in-Aid Manual.
5. The term "Project" as used herein means that project or project segment which is the subject of this agreement.
C. -rh_~ term "State" as used herein means the State of Minnesota.
7. The term "local' unit" as used herein shall mean a political subdivision of the Stat~ of Minnesota, a local unit of government.
The term "Federal Funds" as used herein means those moneys made available by the United States of America as matching.
money for projects under the Land and Water Conservation Fund Act of 1965, (78 Stat. 897).
PROJECT EXECUTION.
Th9 local unit shall execute and complete the approved project in accordance with the time schedule set forth in the project
propOSal. Failure to render satisfactory progress or to complete this or any other project which is the subject of F~Jeral
Ass)stab, ce under this program to the satisfaction of the Commissioner of Conservation may be cause for the suspension of all
obii.~ations of the United States and the State under this agreement.
Construction contracted for by the local unit shall meet the following requirements.
(3) Contracts shall be awarded in conformity with state law, but in no event shall any contract for construction in excess of
$10.000 be awarded except by competitive bidding. Two (2) copies of all bids and two (2) copies of the contract, shall
be submitted to the Commissioner after approval.
(bi The local unit shall inform all bidders on cOntracts for construction in excess of $10,000 that Federal fupds are being
used to a~ist in cOnstruction. "
{c} Written change orders to contracts for construction in ex,ess of $10,000 shall be issued for all necessary chan~es in the
facility. Such orders shall be made a part of the project file and shall be kept available for audit upon reque~ for three
years after completion of the project. Two {2) copies of such order shall be submitted to the Commissioner.
(d) The local unit shall incorporate, or cause to be incorporated, into all construction contracts the following pro. vlsio, Ds.' ;,
"During the performance of this contract, the contractor agrees as follows: "(1) The contractor will not discriminate
against any employee or applicant for employment because of race, creed, color, or national origin. The contractor will
take affirmative action to ensure that applicants are employed and that employees are treated during employment,
without regard to their race, creed, color, or national origin· Such action shall include, but not be limited to the
following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff c~r t~rmination';:
rates of pay or other forms of compens~tlon; and selection for training, including apprenticeship. The contractor acrees
to post in conspicious places, available to employees and applicants for employment, notices to be provided by the
contracting officer setting forth the provisions of this nondiscrimination clause as provided by Minnesota and Federal
Statutes. ' - '-
°'(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor,
state that all qualified applicants will receive consideration for employment without regard to race, creed, color'; or
national crlgin.
°'(3) The contractor will send to each labor union or representative of workers with which he has a collectiv; bar~ainlng
c~reement or other contract or understanding, a notice, to be provided by the ~gency contracting officer, cdvising the
I.qSor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No.
11246 of September 24, 1965, and shall post copies of the notice in con:,'plcuous places available to er~ployees'and'
cpplicants for employment. ! ~ r '
· ;'(4) The contractor will comply with all provisions of Executive Order No. 11246 of September 24, lg65 and of. th9
rules, recju:ations, and relevant orders of the Secretary of Labor.
"(5) The contTactor will furnish all information and reports required by Executive Order No. 11246 of September 24,
1°G5~ , and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit ~ccess to
his books, records, and accounts by the contracting ~eency and the Secretary of Labor for purpo~s of investigation to
a~certain compliance with such ruleS, regulations and orders.
Page 1 of 3 Pages
"(G) In the event .of contractor's noncompliance with the nondiscrimi~ in clauses of this contract or with any
such rules, regulations,'o~ orde/s~ this contract may be canceled, termlnateci,,or suspended in whole or in part and the
contractor may be declared ineligible for further Government conlracts in accordance with procedures and author[zed
in Executive Order No. 1124G of September 24, 1965, and such other sanctions may be imposed and remedies invoked
as provided in Executive Or,der No. 11246 of September 24, 1965, or by rule, regulation, or order of ~he Secretar. y of
Labor, or as otherwise provided by I~w.
°'iT) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order
unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive
· '? ' Order No. 11246 of September 24, 1965, so that such provisions, will be binding upon each subcontractor or vb~dor
purchase order as the contracting agency may direct as a means of enforcing such provisions including' ~nctions for
noncompliance: Provided, however_, that in the event the contractor becomes involved in, or is threatened with,
'" ' lltigation with a subcontractor or vendor as a result of such diredtion by the contracting agency, the contractor may
request the United States to enter into such litigation to protect the ir~terests of the United States."
':" '(e)The local Unit Shall {1) comply with the'above provisions in'c~struction work carried out by itselfe (2).a's~;ist'ond
cooperate actively with the State, Bureau of Outdoor Rei:reation and the Secretary of Labor in obtaining the
compliance of contractors and subcontractors with the above contract provisions and with the rules, regulations and
relevant orders or the Secretary of Labor, (3} obtain and furnish to the Bureau of Outdoor Recreation and tO the
Secretary of Labo~ such information as they, may require for the supervision of such compliance, (4) enforce.the
obligatlo~s of contractors and su't)contractors under such provisions, rules, regulations, and orders, (5) ca~ry out
sanctions and penalties for violations of such obligations imposed upon contra~.-tors and subcontractors by the.Secretary
of Labor or the Bureau of Outdoor Recreation pursuant to Part 11, Subpart D, of Executive Order No. 112zI~ of
September· 24, 1965 and (6) refrain from entering into any contract with a contractor debarred from Government
contracts under Part 11, Subpart, D, of Executive Order No. 11246 of September 24, 1965.
'3. 'l'he local unit shall secure completion of the ~vork in accordance wit'h th'e approved construction plans and specifications, and
shall secure compliance with all applicable Federal, S{ate and Local laws and regulations.
4. The local unit shall permit periodic site visits by the Director and by the Commi~ioner or by the per:ohs whom '~hey sha!l
desig~te to ensure that work progress is ir~ accordance with the approved project, includi,~g a fina~ inspection upon project
' completion.
5. In the evsnt fUnds should not be available for future stages of the project, the local t~nlt shall bring the project to a point of
usefu!ness agreed upon by the local unit, the Commi~ioner and the Director.
6. All s~gnificant deviations from the project ~roposal shall be submitted to the Commissioner for transmittal to the D:,rector'for
pri~r approval.
7. Development plans and specifications shall be available for review by the Commissioner upon request.
8. The ~ccluisltion cost of real property shall be based upon the appraisal of a competent appraiser. The reports of such appraisers
shall b~ available for inspection by the Commissioner upon request.
~). In any tract or parcel of, or interest in, real property subiect to being purchased under the provisions of this agree~,ent, but
not identified herein, is found by the Director for any reason not to be suitable for Federal a~istance, all obligations of the
United States hereunder shall cease as to such parcel, tract or interest.
C, PROJECT COSTS '
Project costs eligible for assistance shall be determined upon the basisof the criteria set forth in the Manual.
~. PROJECT ADMINlSTATION
· 1. The local unlt shall promptly submit such reports as the Commissioner may request.
2. Property and facilities acquired or developed pursuant to this agreement shall be available for inspection by the Commissioner
or the Director upon request.
3. Because one of the basic objectives of the Land and Water Conservation Fund Act is to enhance and increase the Nation's
outdOOr recreation resources, it is the intent of the parties hereto that recipients of assistance will use moneys granted
hereunder for the purposes of this program, and that assistance granted from the Fund will result in a net increase,
commensurate at least with the Federal cost-share, i~ a participant's outdoor recreation. It is intended by both parties hereto
that assistance from the Fund wilt be added to, rather than replace or be substituted for, local outdoor recreation funds.
E. i~ROJECT TERMINATION
1. The local unit may unilaterally rescind this agreement at any time prior to the commencement of the project. 'After project
commencement, this agreement may be rescinded, modified, or amended only by mutual agreement. A project shall be
deemed commenced when the local unit makes any expenditure or incurs any obligation with respect to the project.
2. Failure by the local unit to comply with the terms of this agreement or any similar agreement may be cause for the s~,spension
Of ail obligations of the United States or the State hereunder.
Page 2 of 3 Pages
Failure by the local unit toCOmpl. ,ththetermsofthisagreement shall not be cause fo[ ;;uspension of all obligations of
the United States, the State or the local unit hereunder if, in the jud. gment of the Commi~.sio~er and the Director, such failure
~3s due to no fault of the local unit. In such case, any amount required to settle at minimum costs any irrevocable obligations
properly incurred shall be eligible for assistance under this agreement.
Because the benefit to be derived by the United States from the full compliance by the local unit with the terms of this
agreement is the preservation, protection, and the net increase in the quantity and quality of public outdoor recreation
facilities and resources which are available to the people of the State and of the United States, and because such benefit
exceeds to an immeasurable and unascertainable extent the amount of money furnished by the United States by way of
assistance under the terms of this agreement, the local unit agrees that payment by the local unit to the State of an amount
equal, to the amount of assistance extended under this agreement by the United States would be inadequate compensation to
the United States for any breach by the local unit of this agreement. The local unit further agrees, therefore, that the
~ppropriate remedy in the event of breach by the local unit of this agreement.shall be the specific performance of this
a§reement.
CONFLICT OF H'JTERESTS.
1. I'~o official or e~ployee of the State or the local unit who is authorized in his official capacity to negotiate, make, accept, or
approve, or to take part in such decisions regarding a contract or subcontract in connection with this project shall have any
fir~nclal or other personal interest in any such contract or subcontract.
i'.~o person performing services for the State or the local unit in connection with thi~ project shall have a financial or Other
personal interest ~ther than his employment or retention by the State of the local unit, in any contract in connection with this
project. No officer or employee of such person retained by the State or the local unit shall have any financial or other personal
interest in any real property acquired for this project unless such interest is openly disclosed upon the public records of the
State and such officer, employee, or person, has not participated in the acquisition for or on behalf of the State or the local
unit.
No member of or delegate to Congress or of the State governing body shall be admitted to any share or part of this agreement,
or to any benefit to arise hereupon, unless such benefit shall be in the form of an agreement made with a corporation for its
general ben,fit.
4. Tl~e Stale and the local unit shall be responsible for enforcing the ab~)ve conflict of interest provisions.
HATCH ACT
~.;o officer or employee of the State or local unit whose principal employment is in connection with any activity which is financed
;,n whole or in p~rt pursuant to this agreement shall take part in any of the political activity proscribed in the Hatch Political
Activity Act, 5 U.S.C. 118k (1958), with the exceptions therein enumerated.
H. ,':-:?,~ANCIAL R.':-CORDS
The local unit shall maintain satisfactory financial accounts, documents, and records, and shall make thern, a~ilab~a to the
Commissioner or the Director of the General Accounting office for auditing at reasonable times. Such accounts, documents, and
recorcl~, sha!l be retained by the local unit for three years following project termination.
2. The local unit may use any generally accepted Account system, provided such system meets the minimum requirecnents set
~orth in ~--tat~te and th~
L~SE OF FACILITIES --
1. The 13cai unit ~.~hall not at any time conve~ any prope~y or facility acquired or develop~ pursuant to this agreement to other
than a pub ic outd~r r~reetion u~ without the prior approval of the Director.
2. {~ Io~1 unit shall operate and maintain, o~ cause to be operated and maintained, the prope~y or facilities acquired or
d~e~p~ pursuant to th~s egr~ment ~n thc manner and according to the standards ~t fo~h in the Manual, and per. ant to
the ~;ntenance AGreement included herein.
J. NONO~.SCRIMINATION
1. The local unit shall not discriminate against any person on the basis of race, color, or national origin in the use of any property
Or facility acquired or developed pursuant to this agreement.
2. The local unit shall comply with the terms and intent of Tide VI of the Civil Rights Act of 1964, 78 Stat. 241 (1964), and
with the regulations promulgated pursuant to such Act by the Secretary of the Interior and contained in 43 CFR 17 (1964}.
3. The local unit shall not discriminated against any person on the basis of residence, except to the extent that reasonable
differences in admission or other fees may be maintained on the basis of residence.
K. MANUAL
'The local unit shall comply with the policies and procedures sot forth in the Bureau of Outdoor Recreation Manual, and such
procedures end policies as are set forth by the State in guidelines or manuals. Said manuals are hereby incorporated into and made
a part of this agreement.
/",ttachment 1 to Minnesota Form OR 3
Page 3 of 3 Pages
This agreement is binding on tht plicant-recipient local unit of government, ~the persons whose signatures appear
be,'eor, are authorized by statute and resolution to sign this assurance in behalf of the aforesaid governmental subdivision. In
¥~itness whereof, the parties hereto have executed this agreement as Of the date entered below.
S~FATE OF MINNESOTA
By_
LOCAL UNIT OF GOVERNMENT
For.
Deputy Commissioner of Conservation City, Village or County
.:
Date By
Mayor or Chairman (Name and Title)
Attorney General
By
Clerk or Auditor (Name and Title)
Depar~-,ent of Administration
SEAL AFFIXED
State Auditor
For Development Project Only
PRECONSTRUCTION CERTIFICATION
"1 hereby certify that construction plans and specifications to be used in conjunction with
LW , meet all applicable Federal, State, and Local codes and current engineering
practices; have b~n approved by the Minnesota Department of Health, that health, safety, durability, and economy received
consideration consistent with the scope and objectives of the project; that the design is in good taste; that the propo~d
development is suitable for the environment and will not unduly detract from the esthetic value of the area; and that
provisions have been made to insure adequate supervision by competent personnel."
SiGnature
County/Municipal Engineer or Architect
Date
Form OR 3 (1/70)
Instructions: -
1. Carefully review a§reement and' attached documents espec,ally Bureau of Outdoor
Recreation form 8-90 or 8-91 and attachments.
2. Sign copies 1, 2 & 3 and send to State Planning Agency, Office of Local and Urban
Affairs, Capitol Square Building, 550 Cedar Street, St. Paul0 Minnesota 55101.
3. Retain copy 4 for your records
4. Copy 2 will be returned to you when the project is approved.
MINNESOTA STATE PLANNING AGENCY · CAPITOL SQUARE BUILDING
May 23, 1980
Walter B. Hobbs, Mayor
City of Chanhassen
-7610 Laredo Drive
Chanhassen, MN 55317
ATTN: Donald W. Ashworth, City Manager
ST. PAUL, MINNESOTA 55101 · PHONE (612) 296-3091
RE: Lake Ann Park Inspection
(LW27-00327)
Dear Mayor Hobbs:
I recently made an on-site inspection of the above referenced Park. This
park was financially assisted with a Federal Land and Water Conservation
fund (kAWCON) grant, and we are required to make periodic inspections of
the facility. While conducting the inspection I noticed that the only
deficiency was the lack of a LAWCON sign in your park. Acknow!edge~ent
of LAWCOM assistance is a federal re_?nirement and should be sho%mu at the
entrance to the park or other prominent locations.
Enclosed is a copy of th'e LAWCON acknowledgement and symbol to be utilized
in your park and the regulations requiring its display.
Please notify this office within two months indicating when you intend to
install the LAWCON sign. When the sign has been erected, please send .us
a picture showing the sign and its location at the park.
If you have any additional questions, please give me a call at 612/296-9006.
Sincerely,
William A. Atkins
Parks and Recreation Grant Section
WkA:cs
Enc!.
AN EQUAL OPPORTUNII'Y FMPI OYFR .,,.,¢':~'~-~,:..,. ,~
6b~.h.2, Illustration 1
A COOPERATIVE PROJECT
FOR OUTDOOR RECR~A'J'ION
DEPARTMENT OF THE INTERIOR
HERITAGE CONSERVATION AND RECREATION SERVICE
STATE OF MINNESOTA
12/14/75 (E21. No. 125)
This ,~..~aJo supersedes all anendments,
progran directives and relgascs issued
prior to this dGte.
Sheet 1
DEPARTMENT OF THE INTERIOR
Bureau of Outdoor Recreation Manual
Grants-in-Aid Series
Part 685
Land and Water Conservation Fund
Chapter 4 Project A~nowledgement
Responsibilities Follow'lng
Project Com?letion
.1 R~asom for A~knowled~?nt.' Suitable perma~.ent public acknowledg-
ment of Land and Water Conservation Fund assistance at project si~es
is required by the Bureau. Display of acknowledgment is optional
on acquisition projects unless the acquisition is an expansion of an
existing developed recreation area. Such acknowledgement will repre-
sent a Federal-State-local partnership role in creating new high-
quality outdoor recreation areas and facilities.
.2 Use of Symbol.. The symbol shown as Illustration 1 is optional.
~owever, we encourage its use as a part of the acknowledgment of
Fund assistance, at entrances to outdoor recreation sites, at other
appropriate on-site locations, and in folders and park literature.
~q~i!e the symbol format may not be altered, such considerations as
molor combinations, method of stg~ construction, size, and placement
are matters for determination by the State. The presence of acknowl-
edgement of Land and Water Conservation Fund assistance shall be a
~atter checked during compliance inspections.
.3 Allowable Cost. Costs related to project acknowledgment are all
allowable cost, as part of initial capital investment, and may be
shared by Fund assistance (see 670.1.8G). E~placement costs as a
part of p0§t project operation and maintenance-are not allowable.
NOTE:
The Heritage Conservation and Recreation Service and the State
of Minnesota requires that a project acknowledgement symbol be
-included on your park sign or incorporated in the design of the
park sign. (Please refer to above information.)
12/14/73 (Rel.
This r~teas~ supersedgs mll am:ndments.
program directlvgs and r~leases lssu~d
prior %o %his dat,.
Sheet 1