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4.C.6. Authorize to Execute an Encroachment Agreement for the Placement of Dakota Highlands 1st Add. Fountains
111111/ 11 Consent Business 4. C. 6. SHA:KOPEE TO: Mayor and City Council FROM: Joe Swentek, Engineer DATE: 09/01/2015 SUBJECT: Authorize to Execute an Encroachment Agreement for the Placement of Dakota Highlands 1st Addn. Fountains (F) Action Sought Authorize the appropriate City officials to execute the attached encroachment agreement allowing the placement of up to two (2) fountains in the Dakota Highlands 1st Addition storm water basin. Background Ryland Homes, the developer of the Dakota Highlands 1st Addition, has requested permission to place up to two (2) fountains in the existing storm water basin adjacent to County Road 16, between Foothill Trail and Spring Lake Drive. The reason for their request is to improve the appearance of and create a focal point in the existing storm water basin. The homeowner's association will own the fountains and pay all costs associated with their placement, maintenance, utility service and removal. The fountains will be served on a dedicated electrical service line with a timer. Ryland Homes is working with the Shakopee Public Utilities to obtain this service. The attached encroachment agreement has been reviewed by City staff and the City attorney. The encroachment agreement is necessary as the proposed fountains would be located in a drainage and utility easement. Recommendation Authorize the appropriate officials to execute the attached encroachment agreement for the placement of up to two (2) fountains in the Dakota Highlands 1st Addition storm water basin. Budget Impact If the City executes the attached encroachment agreement, there should be no budget impact to the Trunk Storm Water Fund as the Dakota Highlands homeowner's association will pay for all costs associated with the placement, maintenance, utility service and removal of the fountains. Relationship to Vision This supports Goal E: Deliver effective and efficient public services by a staff of welltrained caring and professional employees. Requested Action Authorize the appropriate City officials to execute the attached encroachment agreement allowing the placement of up to two (2) fountains in the Dakota Highlands 1st Addition storm water basin. Attachments: Fountain Information Encroachment Agreement Vertex Water Features T Lake Aeration Systems&Floating Fountains WO T I E RTM FLOATING FOUNTAINS The wide spreading display of the TwoTier series creates a broad feature that will beautifully fill any lake scene. The allbrass • display head produces heavier floral sidejets 4 that arch upand out, makingit a highly visible . - t " 11 pattern in both daylight and hen lit at night. •` + yts y �Y + 'h✓ • * y '� Powered by a UL listed heavy-duty submersible . , • '` turbine pump, the TwoTier standard equipment • includes a complete UL listed controlstanda• All fountain components are fully waterproof and made of the finest corrosion resistant materials to provide years of dependability and high performance. • FEATURES AND BENEFITS PUMPS/MOTORS FLOTATION • High performance turbine pump/motor assembly • Rotocast polypropylene construction • Stainless steel construction • UV inhibitors for long life • Water cooled: no oils, seals or o-rings to replace • Individual leveling compartments for exact • 4 year warranty adjustments • 4 year warranty NOZZLES • Precision machined brass/bronze nozzles CORROSION RESISTANT SUBMERSIBLE LIGHT FIXTURES • Cast brass/bronze nozzles • Polypropylene float • Halogen or LED available • Stainless steel frame and fastenings • Cast bronze/stainless steel housing • Bronze/stainless steel lights • Stainless steel brackets • Tempered lenses BENEFITS TO LAKE • 2 year warranty • Aesthetics—beautifies waterway • Increases property value and quality CONTROL PANEL of community • UL listed per National Electrical Code • Adds a focal point to any community • Weatherproof steel enclosures • Assists in aeration of lake system, aiding CABLES in fish dynamics • STW-A rated • Through agitation, prevents aggregation of • 4 year warranty planktonic algae on the surface and helps in reduction of mosquito larvae 800 - 432 - 4302 •• vig WILA:■:ilr0.11..1►.`M1:a01:.r111 :11:MCMAIIIIIMI TWOTIERTM FLOATING FOUNTAIN 0 0 0 MLP CO as F 1 4,CO (EH La) ITL... _____. ir 40( 0000nnn0000n001.1.000000isocsi0000000000 0 00 © 000ae00000000000000000000000000000000e00.1 000 00 F �00000i0000aaoa0000coaooacooaaaauooaao �oaQoe a ~ a oo 0••oow•1 00000•110MIkosow0•000•0%00••00 0000. . 000 A PRECISION MACHINED BRASS/BRONZE DISPLAY NOZZLES D CAST BRONZE/BRASS LIGHT FIXTURES B POLYPROYLENE FLOTATION ASSEMBLY E TURBINE PUMP MOTOR ASSEMBLY C WELDED STAINLESS STEEL FRAMEWORK F STAINLESS STEEL INTAKE SCREEN Due to the electric equipment involved,floating fountains are not designed for waterways where swimming or water sports are permitted.Specifications recorded during calm wind conditions. Install all electrical equipment in accordance with Article 682 of the National Electrical Code and all local codes.Vertex Water Features reserves the right to improve and change our designs and/or specifications of our fountains without notice or obligation. DISPLAY SPECIFICATIONS PUMP AMPERAGE HP Center HT #Side HT #Side Jets 1 Phase(V) 3 Phase(V) (208V&460V 3-phase motors available) 2 20' 8' 20 230 208 230 460 HP 230V10 230V30 3 23' 10' 20 230 208 230 460 2 14 8 5 30' 12' 20 230 208 230 460 3 17 10 7.5 35' 15' 20 230 208 230 460 5 28 17 10 40' 18' 20 230 208 230 460 7.5 42 25 15 45' 20' 20 230 208 230 460 10 51 32 15 72 47 ©2013 Vertex Water Features 92100 NW 33rd Street Pompano Beach, FL 33069 Vertex Water Features Phone: 800-432-4302 Fax: 954-977-7963 Lake Aeration Systems&Floating Fountains www.vertexwaterfeatures.com CONSENT AND AGREEMENT This Consent and Agreement (this "Agreement") is made as of the day of , 2015, by and between the City of Shakopee, Minnesota, a municipal corporation (the "City"), and THE RYLAND GROUP, INC., a Maryland corporation ("Ryland") and DAKOTA HIGHLANDS HOMEOWNERS ASSOCIATION, a Minnesota nonprofit corporation ("Association")_ RECITALS: A. Ryland is the owner of a parcel of land located in the City of Shakopee, as more particularly described on Exhibit A attached hereto ("Ryland Property"). B. The Association has been established to provide certain other maintenance services to properties subject to the Declaration of Covenants, Conditions, Easements and Restrictions for Dakota Highlands First Addition recorded in the office of the Scott County Recorder as Document No. ("Declaration"). C. Ryland intends to build up to two (2) fountains over a portion of that certain real property legally described on Exhibit B attached hereto ("Fountain Parcel"). D. Pursuant to the Plat of Dakota Highlands First Addition, Scott County, Minnesota, recorded in the Office of the Scott County Recorder on September 24, 2014, as Document No. 965612, the City is the owner of that certain real property described on Exhibit C attached hereto ("City Property"). The City Property includes the Fountain Parcel. E. Ryland has requested, and the City has agreed, that Ryland may construct up to two (2) fountains, as well as any related landscaping and equipment if any, used in the lighting of a fountain, and including all related plumbing, wiring and underground utilities ("Improvements") over a portion of Fountain Parcel, provided, however, that none of the landscaping or equipment will be allowed in a drainage or utility easement without prior written consent of the City engineer or his/her assigns. AGREEMENTS: NOW, THEREFORE, in consideration of the above premises, the parties hereto hereby agree as follows: 1. The City consents to the encroachment of the Improvements over the Fountain Parcel and grants permission to Ryland and/or the Association to maintain, operate and use the Improvements over the Fountain Parcel as represented in Exhibit B attached hereto and incorporated by reference, and grants permission to Ryland and/or the Association to maintain, operate and use the Improvements over the Fountain Parcel, provided, however, that none of the landscaping or equipment will be allowed in a drainage or utility easement without prior written consent of the City engineer or his/her assigns. 2. The Association shall be responsible for performing, at Association expense, the placement, adjustment, maintenance, repair, replacement, reconstruction and removal of the Improvements. 3. In the event the City needs to maintain, operate, repair or remove any portion of the Fountain Parcel and the Improvements interfere with such maintenance, operation, repair or removal, the Association agrees to pay the cost of removing the necessary portion of the Improvements in order for the City to exercise its rights and thereafter restoring or reinstalling the portion of the Improvements that were removed. 4. This Agreement shall run with the land and shall insure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 5. The Association shall indemnify, hold harmless and defend the City, its officers, employees and agents, from and against any and all damages, liability, fees (including attorneys' fees), penalties, and claims, including without limitation, those for personal injury, wrongful death or property damage arising out of or related to the use of any portion of the Fountain Parcel, except due to the negligence, willful misconduct or intentional wrong of the City or its officers, employees or agents. 6. The Association and Ryland agree not to suffer or allow any prior liens to be placed against the City's rights to or interest in the Fountain Parcel as a result of use of the Fountain Parcel by Ryland or the Association, including, without limitation any liens for labor or materials provided for any repair, maintenance, modification, or alteration of the Improvements. 7. This Agreement may be terminated by the City or by the Association by recording a written notice of termination, provided, however, that this Agreement shall not be terminated by a single party unless the Improvements Ryland may install are removed from the Fountain Parcel pursuant to a vote of the members of the Association as more fully described in the Declaration. In any other event, this Agreement shall continue until a written agreement is recorded by which the City and the Association, or their respective successors and assigns, agree to its termination. [Remainder of Page Intentionally Left Blank;Signature Pages Follow] IN WITNESS WHEREOF, the parties have executed this Consent and Agreement as of the day and year first written above. CITY: CITY OF SHAKOPEE By: Its Mayor Its City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of , 2015, by , and , the mayor and city administrator, respectively, of the City of Shakopee, Minnesota, a municipal corporation, on behalf of the City. Notary Public IN WITNESS WHEREOF, the parties have executed this Consent and Agreement as of the day and year first written above. THE RYLAND GROUP, INC., a Maryland corporation By: Name: Title: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2015, by , the of The Ryland Group, Inc., a Maryland corporation, on behalf of the corporation. Notary Public DAKOTA HIGHLANDS HOMEOWNERS ASSOCIATION By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20_, by , the of Dakota Highlands Homeowners Association, a Minnesota nonprofit corporation, on behalf of the nonprofit corporation. Notary Public THIS INSTRUMENT DRAFTED BY: HELLMUTH &JOHNSON, PLLC (NTP) 8050 W. 78th St. Edina, MN 55439 (952) 941 4005 13387.0040-2314546_1 EXHIBIT A Legal Description of Ryland Property Lots 1-3, 5-9, 11, 13-22 Block 1, Lots 1-4 Block 2, Lots 1-4 Block 3, Outlot B, Dakota Highlands First Addition, Scott County, Minnesota. EXHIBIT B Legal Description of Fountain Parcel Outlot A, Dakota Highlands First Addition, Scott County, Minnesota. EXHIBIT C Legal Description of City Property Outlot A, Dakota Highlands First Addition, Scott County, Minnesota.