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