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Memo to File 11-18-2010L' Administration On November 10, 2010, the City executed an encroachment agreement to allow Phone: 952.227.1100 Pulte Homes to erect an off - premise directional sign on property owned by the Fax: 952.227.1110 City located at 2957 Tanadoona Drive (Outlot F, Arboretum Village Addition). After the sign was placed it became apparent that there might be some confusion Building Inspections Phone; 952227.1180 with the Camp Tanadoona property. Pulte removed the sign and the City Fax: 952.227.1190 refunded their $100 encroachment agreement fee. 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: 952.2271110 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: 952227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow MEMORANDUM TO: Planning Case File 2007 -02 The Arbors CITYOF FROM: Kate Aanenson, AICP, Community Development Director CUMEMSEN DATE: November 18, 2010 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 SUBJ: Encroachment Agreement for Directional Sign L' Administration On November 10, 2010, the City executed an encroachment agreement to allow Phone: 952.227.1100 Pulte Homes to erect an off - premise directional sign on property owned by the Fax: 952.227.1110 City located at 2957 Tanadoona Drive (Outlot F, Arboretum Village Addition). After the sign was placed it became apparent that there might be some confusion Building Inspections Phone; 952227.1180 with the Camp Tanadoona property. Pulte removed the sign and the City Fax: 952.227.1190 refunded their $100 encroachment agreement fee. 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: 952.2271110 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: 952227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 55317 11/08/2010 2:05 PM Receipt No. 0141680 CLERK: katie PAYEE: Pulte Group ------------------------------------------------------- Encroachment Agreement 100.00 Total 100.00 Cash Check 0050911528 Change re L i� v' 1 C 0.00 100.00 0.00 � coo od -�-� op�' - R1 Transmittal DATE: November 4, 2010 TO: City of Chanhassen OF: Attn: Bob Generous 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 FROM: Mr. Jason Wedel Director of Land Pulte Homes Office: 952- 912 -5465 Cell: 612 - 369 -3931 Email: jason.wedel @pultegroup.com RE: Executed Encroachment Agreement 12701 Whitewater Drive Suite 300 Minnetonka, Minnesota 55343 Phone: 952-936-7833 Fax: 952-936-7839 Bob, Enclosed is the executed encroachment agreement for the sign installation at the corner of TH 41 and Tanadoona Drive and a check in the amount of $100.00 to cover the processing and recording costs. If you have any questions or need additional information, please do not hesitate to contact me. Thank you for all of your help. Sincerely, Jason Wedel (reserved for recording information) ENCROACHMENT AGREEMENT AGREEMENT made this !() day of t� (NeWop r , 2010, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ( "City "), and PULTE HOMES OF MINNESOTA LLC, a Minnesota corporation ( "Pulte "). 1. BACKGROUND. Pulte is the developer of The Arbors in the City of Chanhassen. Pulte wants to erect a temporary off premises directional sign on property owned by the City located at 2957 Tanadoona Drive and legally described as Outlot F, Arboretum Village Addition, Carver County, Minnesota ("City Property"). 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the encroachment of the directional sign on the City Property, subject to the conditions set forth in this Agreement. The area where the directional sign is allowed to encroach is located in the northeast corner of Outlot F, Arboretum Village, north and east of Tanadoona Drive, and is shown on the attached sketch ("Encroachment Area "). No additional directional signs, landscaping, or other structures may be placed on the City Property. 3. MAINTENANCE, REPAIR AND REMOVAL OF DIRECTIONAL SIGN. Pulte shall be solely responsible for all costs relating to the construction, maintenance, repair, and removal of the directional sign, including any damage to the directional sign caused in whole or in part by the City's use, 1 maintenance, and repair of the City Property. Such signage shall comply with Section 20 -1255 (10) c. of the City Code for off premises directional signage. 4. HOLD HARML AND INDEMNITY. In consideration of being allowed to encroach on the City Property, Pulte, its successor's 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 Pulte of permission to construct a directional sign on the City Property. Pulte further agrees to indemnify and hold the City harmless from any damage caused to the City Property, caused in whole or in part by the encroachment onto the City Property. 5. TERM. This Encroachment Agreement shall terminate on the 8th day of November, 2011. On or before the termination date Pulte must remove the sign and restore the City Property. If Pulte fails to remove the sign on a timely basis the City may remove the sign, dispose of the sign, and Pulte will promptly reimburse the City for any cost the City incurs. The City may terminate this agreement at any time subject to a fifteen (15) day written notice of such termination. CITY OF CHANHASSEN BY: (SEAL) Gerhardt, City Manager PULTE HOMES OF MINNESOTA, LLC BY: J 0 u i t , � , Its 2 STATE OF MINNESOTA ) ( ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this /0 1711 day of 2010, by Thomas A. Furlong and by Todd Gerhardt, respectively the Mayor and City Manager of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. N ARY P IC a`"'' KAREN J. ENGELHARDT STATE OF MINNESOTA ) Notary Public-Minnesota ( ss. :i;.: My Commisslon Expires Jan 31, gois COUNTY OF nn i n ) I 00000"19W The foregoing instrument was acknowledged before me this �_ day of �gUvewnl,-� 2010, by /�L J M ctx s the C4,'e of Pulte Homes of Minnesota Corporation, a Minnesota corporation, on its behalf. N PUBLIC. THIS INSTRUMENT DRAFTED BY: CITY OF CHANHASSEN 7700 Market Boulevard P.O.Box 147 Chanhassen, MN 55317 (952) 227 -1100 JASON C. WEDEL Notary Public = Minresota ' :,,,,•. LW cpmrnission Expires Jan. 31, 201"3 3 Encroachment Area To, iad 3ona Dr:ve En chme Area 7 CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 55317 11/08/2010 2:05 PM Receipt No. 0141680 CLERK: katie PAYEE: Pulte Group ------------------------------------------------------- Encroachment Agreement 100.00 Total 100.00 Cash 0.00 Check 0050911528 100.00 Change 0.00 *PutteGroupr CITY OF CHANHASSEN Vendor Number 09C000100 Check Number Check Date 0050911528 11/03/10 Invoice Date Co Lot Lot Address Opt Cat Acct Cat Description Amount 30509211136 11/01/10 4921 00001 00001 10202 Legal Fees 100.00+ * * ** TOTAL * * ** 100.00