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CAS-04_RESIDENTIAL PUD AMENDMENTS FILE 2 OF 2Thomas J. Campbell Roger N. Knutson Elliott B. Knetsch Joel J. Jamnik Andrea McDowell Poehler Soren M. Mattick John F. Kelly Henry A. Schaeffer, III Alina Schwartz Shana N. Conklin Amy B. Schutt James]. Monge, III Jerome M. Porter Kurt S. Fischer Matthew K. Brokl Grand Oak Office Center I 860 Blue Gentian Road Suite 290. Fagan, MN 55121 651-452-5000 Fax 651-234-6237 www.ck-law.com CAMPBELL KNUTSON Professional Association August 25, 2017 Mr. Steve Lenz City of Chanhassen P. O. Box 147 Chanhassen, MN 55317 Re: Longacres Homeowners Association - Radar Speed Signs Dear Steve: I am returning to you the original executed Agreement between the City and Longacres Homeowners Association for the City's files. Thank you. Very truly yours, CAMPBELL KNUTSON Professional Association JeZ Olson, Le al Assistant g /jmo Enclosure CITY OF CHANHASSEN REC`E"W Y AUG 302017 ENGINEERING DEPT. 03NNVOI 182612 194044vl CITY OF CHANHASScp RECEIVED AUG 3 0 2017 ENGINEERING DEPT AGREEMENT AGREEMENT made this 14d' day of August, 2017, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City"), and LONGACRES HOMEOWNERS ASSOCIATION, INC., a Minnesota non-profit corporation ("HOA"). 1. BACKGROUND. A. The City owns numerous rights -of -way within the Longacres Development. B. The HOA wants to install radar driver speed feedback signs ("The Signs") on the unpaved portions of the rights -of -way of Longacres Drive and Hunter Drive in the areas depicted on the attached Exhibit "A" (consisting of 3 pages). 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the encroachment of The Signs within the City's rights -of -way as shown and depicted in the locations on the attached Exhibit "A" ("Encroachment Areas"). 192195A 1 3. CONSTRUCTION COSTS, MAINTENANCE AND REPAIR OF THE SIGNS. The HOA shall be responsible for all costs relating to the initial installation of The Signs including the required insurance, and shall be responsible for restoration of the Encroachment Areas to a condition as nearly as equal as possible to that which existed prior to the construction of The Signs. The HOA shall also be responsible for maintenance, repair, reconstruction, removal, and required insurance, with respect to The Signs after they have been constructed, as well as restoration of the Encroachment Areas to a condition as nearly as equal as possible to that which existed prior to any maintenance, repair, reconstruction, or removal of The Signs. This Agreement is a personal obligation of the HOA and shall be binding upon its executors, administrators, successors and assigns. The City will not be responsible for any structural maintenance, repair or removal work of The Signs. 4. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to encroach in the Encroachment Areas within the City's rights -of -way, the HOA, its successors and assigns, hereby agrees to indemnify and hold the City harmless from all costs and expenses, claims and liability, including attorney's fees, relating to or arising out of this grant to the HOA of permission to install and maintain The Signs. The HOA further agrees to indemnify and hold the City harmless from any damage caused to the Encroachment Areas, including The Signs in the Encroachment Areas, caused in whole or in part by the encroachment into the City's rights -of -way, the City's and the public use of its rights -of -way. 5. TERMINATION OF AGREEMENT. The City may, at its sole discretion, terminate this Agreement at any time by giving the HOA thirty (30) days advance written notice. The HOA shall remove The Signs by the effective date of the termination of this Agreement. If the HOA fails to remove The Signs, the City may remove The Signs and charge the cost of same to the HOA. 192195v1 2 IN WITNESS WHERE, this Agreement was executed by the parties the day and year first above written [The remainder of this page has been intentionally left blank. Signature pages follow.] 192195vl CITY OF CHANHASSEN M (SEAL) Gerhardt, City Manager STATE OF MINNESOTA ) )ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of l 2017, by Denny Laufenburger and by Todd Gerhardt, respectively the Mayor and City M er of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC MKYI ta rn�sbMn EUprWN EN MNTnMnee ry Jnr2p 192195v1 COUNTY OF Caw v . )ss. ASSOCIATION, INC. The foregoing instrument was acknowledged before me this CfL- day of , 2017,by l9v W C-r&Wol the 9dSldm — of the LONGACRES HOMEOWNERS ASSOCIATION, INC., a Minnesota non-profit corporation, on its behalf. I"wmI"mw"�mSAi31Notary Pubic -Minnesota wh THIS INSTRUMENT DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 RNK/cjh ��. 192195vl EXHIBIT "A" TO AGREEMENT Survey Sketch of Encroachment Area rd� Exhibit "A" Page 2 of 3 i 192MN1 Exhibit "A" Page 3 of 3 19,19��I Thomas J. Campbell Roger N. Knutson Elliott B. Knetsch Joel J. Jamnik Andrea McDowell Poehler Soren M. Mattick John F. Kelly Henry A. Schaeffer, III Alina Schwartz Shana N. Conklin Amy B. Schutt James J. Monge, III Jerome M. Porter Kurt S. Fischer Matthew K. Brokl Grand Oak Office Center 1 860 Blue Gentian Road Suite 290, Eagan, MN 55121 651-452-5000 Fax 651-234-6237 www.ck-law.com CAMPBELL KNUTSON Professional Association August 25, 2017 Mr. Steve Lenz City of Chanhassen P. O. Box 147 Chanhassen, MN 55317 Re: Longacres Homeowners Association - Radar Speed Signs Dear Steve: I am returning to you the original executed Agreement between the City and Longacres Homeowners Association for the City's files. Thank you. Very truly yours, CAMPBELL KNUTSON Professional Association J Olson, Assistant /jmo Enclosure CITY OF CHANHASSEN RECEO 10C)i AUG 3 0 2017 ENGINEERING 7E1'T C19NNVOO 192612 194044vl CITY OF CHANHASSE j, REC(is,IVEC', AUG 3 0 2017 ENGINEERING DEPT. AGREEMENT AGREEMENT made this 10 day of August, 2017, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City"), and LONGACRES HOMEOWNERS ASSOCIATION, INC., a Minnesota non-profit corporation ("HOA"). 1. BACKGROUND. A. The City owns numerous rights -of -way within the Longacres Development. B. The HOA wants to install radar driver speed feedback signs ("The Signs") on the unpaved portions of the rights -of -way of Longacres Drive and Hunter Drive in the areas depicted on the attached Exhibit "A" (consisting of 3 pages). 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the encroachment of The Signs within the City's rights -of -way as shown and depicted in the locations on the attached Exhibit "A" ("Encroachment Areas"). 1921950 1 3. CONSTRUCTION COSTS, MAINTENANCE AND REPAIR OF THE SIGNS. The HOA shall be responsible for all costs relating to the initial installation of The Signs including the required insurance, and shall be responsible for restoration of the Encroachment Areas to a condition as nearly as equal as possible to that which existed prior to the construction of The Signs. The HOA shall also be responsible for maintenance, repair, reconstruction, removal, and required insurance, with respect to The Signs after they have been constructed, as well as restoration of the Encroachment Areas to a condition as nearly as equal as possible to that which existed prior to any maintenance, repair, reconstruction, or removal of The Signs. This Agreement is a personal obligation of the HOA and shall be binding upon its executors, administrators, successors and assigns. The City will not be responsible for any structural maintenance, repair or removal work of The Signs. 4. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to encroach in the Encroachment Areas within the City's rights -of -way, the HOA, its successors and assigns, hereby agrees to indemnify and hold the City harmless from all costs and expenses, claims and liability, including attorney's fees, relating to or arising out of this grant to the HOA of permission to install and maintain The Signs. The HOA further agrees to indemnify and hold the City harmless from any damage caused to the Encroachment Areas, including The Signs in the Encroachment Areas, caused in whole or in part by the encroachment into the City's rights -of -way, the City's and the public use of its rights -of -way. 5. TERMINATION OF AGREEMENT. The City may, at its sole discretion, terminate this Agreement at any time by giving the HOA thirty (30) days advance written notice. The HOA shall remove The Signs by the effective date of the termination of this Agreement. If the HOA fails to remove The Signs, the City may remove The Signs and charge the cost of same to the HOA. 192195A 2 IN WITNESS WHERE, this Agreement was executed by the parties the day and year first above written. [The remainder of this page has been intentionally left blank. Signature pages follow.] 192195vl (SEAL) CITY OF CHANHASSEN AND: Gerhardt, City Manager STATE OF MINNESOTA ) )ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this JLH-k day of U 2017, by Denny Laufenburger and by Todd Gerhardt, respectively the Mayor and City M er of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC "' +, KIM T. MEUWISSEN I Notary P.Wic-Onnesota '� � prgrf Jan W 20 0 �, • / My C�miss 1921950 4 LONGACRES C STATE OF MINNESOTA ) )ss. COUNTY OF Caws- ) Its `1/r ASSOCIATION, INC. The foregoing instrument was acknowledged before me this ;tk day of gyiw , 2017, by "W Cr,.Wmv the l�eSid a� of the LONGACRES HOMEOWNERS ASSOCIATION, INC., a Minnesota non-profit corporation, on its behalf. JENNIFER:t=Mln Da llotary Pu NH THIS INSTRUMENT DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 RNK/cjh �z�h' ps��-7 NOTAR P C 192195v1 EDIT "A" TO AGREEMENT Survey Sketch of Encroachment Area Exhibit "A" Page 2 of 3 Exhibit "A" Page 3 of 3 192195vl 8