1b The Preserve at Bluff Creek: Preserve Access Agreement with Ryland Group, Inc.
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone 952.2271100
Fax 9522271110
Building Inspections
Phone 952.2271180
Fax 952.2271190
Engineering
Phone 952.2271160
Fax 952.2271170
Finance
Phone: 952.2271140
Fax 952.227 1110
Park & Recreation
Phone 952.2271120
Fax 952.227 1110
Recreation Center
2310 Coulter Boulevard
Phone 952.227 1400
Fax 952.2271404
Planning &
Natural Resources
Phone 952.2271130
Fax 952.2271110
Public Works
1591 Park Road
Phone 952.2271300
Fax 952.2271310
Senior Center
Phone 952.2271125
Fax 952.2271110
Web Site
www.ci.chanhassen.mn.us
ib
MEMORANDUM
TO:
Todd Gerhardt, CIty Manager
FROM:
"'\"?: O.
Paul Oehme, P.E., DIrector of PublIc Works/CIty Engineer \-
a~~
DA TE:
July 14, 2006
SUBJ:
Approve Access Agreement wIth Ryland Group, Inc.
REQUESTED ACTION
Approve access agreement.
BACKGROUND
On June 26, 2006, the Council approved the final plat for the Preserve
Development, located south of Lyman Boulevard In the 2005 MUSA. The
development agreement identified a site on the development for a sales trailer,
but access would need to be provIded through CIty property, lift station 24
dn veway. The sales traIl IS proposed to be located just south of Lift StatIOn 24,
whIch IS at the intersection of Lyman Boulevard and Audubon Road. The
proposed site was chosen for safely purposes, since thIS access point is located at
a four way intersection and is a better access point then the gravel driveway
currently located on the development property.
Staff has reviewed the developer's sales trailer application permit and has made
some minor modifications to the plan that the Developer needs to make. The
permIt should be approved the week of July 17, 2006. Since the access for the
sales traIler will be through City-owned property, staff has drafted an access
agreement that should be approved prior to the sales trailer opening to the
publIc. The CIty Attorney has reviewed the agreement and finds it acceptable.
RECOMMENDA TION
Staff recommends approval of the agreement at thIS time. Approval of this Item
requires a sImple majority vote of those CouncIl members present.
ATTACHMENT
1. Access Agreement.
c: Bnan SullIvan, Ryland Homes
G:\ENG\PROJECTS\P-S\071406 hkgd preserve access agreement. dOl:
The City of 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.
ACCESS AGREEMENT
AGREEMENT made this day of ,2006, by and between the
CITY OF CHANHASSEN, a Minnesota municipal corporation ("City") and THE RYLAND
GROUP, INC., a corporation under the laws of the State of Maryland d/b/a RYLAND HOMES
("Ryland").
RECIT ALS
A. Ryland has filed a permIt application wIth the City to install a temporary sales traIler at
the locatIOn mdIcated on Exhibit "A" attached hereto and mcorporated herem in conjunction wIth the
Preserve at Bluff Creek 1 sl AddItion.
B. The proposed access to the sale trailer is over land owned by the CIty.
NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE
PARTIES AGREE AS FOLLOWS:
1. LICENSE. The City grants Ryland, Its employees, agents, and invitees, a lIcense to access the
sale trailer over City property m accordance WIth the attached Exhibit "A". ThIS license shall expire on
August 1,2008.
2. PROPERTY MAINTENANCE AND RESTORATION. Ryland shall keep the access over
CIty property m good condition during the term of the license and shall upon expiration of the lease
restore the property to the same condItion it was in prior to the grant of the license.
3. INSURANCE. During the term of the lIcense, Ryland shall keep in effect commercial general
lIabIlity insurance with limits of at least $2,000,000. The CIty shall be named as an additional insured.
Ryland shall provide proof of insurance in a form satisfactory to the City.
4. INDEMNIFICA TION. Ryland shall indemnify and hold harmless the City, its officers,
employees, and agents, from any damages, claims, judgments and costs, including reasonable attorney's
fees, resultmg from the use or misuse of the access granted to Ryland pursuant to this Agreement unless
it IS the result of the intentional act or gross neglIgence of the City.
CITY OF CHANHASSEN
THE RYLAND GROUP, INC.
d/b/a RYLAND HOMES
BY:
BY:
Thomas A. Furlong, Mayor
Its
AND
AND
Todd Gerhardt, CIty Manager
Its
126291vOl
RNK:071l3/2006