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DATE.- 2/25/08
<br />ITEM.- 7.f
<br />Department Approval: Manager Reviewed: Agenda Section:
<br />VIT111 LAI
<br />Item Description: Approval of Walser Encroachment Agreement
<br />13 Background: On August 14, 2006, the City Council approved an amended Conditional Use
<br />14 Permit for the new Walser Buick, Pontiac,, GMC Truck dealership. This property is located just
<br />15 to the north of the west 35W ramps and east of Long Lake Road. To the south of the dealership
<br />16' is a pond that is part of the City's storm water management system,, this pond is covered by a
<br />17 drainage and utility easement that extends onto the Walser dealership property. A portion of the
<br />18 parking lot for this dealership is proposed to be located on the easement. As a part of their
<br />19 Conditional Use Permit approval for the new dealership, the City required that an encroachment
<br />20 agreement be executed. This was in order to protect the City in the case of a rain event that may
<br />21 flood the parking lot and damage dealer inventory. Also to allow the City access the easement
<br />22 from the dealer's lot in order to do maintenance on the pond.
<br />23
<br />2 4 This agreement was before the City Council on May 7, 2007. At that time,, concerns were raised
<br />25 regarding language contained in "3. Hold Harmless and Indemnification"' of the document. The
<br />2 6' City Attorney has been working with the property owner on redrafting this language to address
<br />27 the concerns brought forward by the City Council.
<br />28
<br />29 The original language.-
<br />30 "In consideration of being allowed to encroach on the City's Easement,, the OWNER, their
<br />31 successors,, heirs,, and assigns, hereby agree to indemnify and hold the City harmless from any
<br />32 damage caused to the Subject Property or items being stored on the Subject Property, including,
<br />33 but not limited to,, fences,, vehicles, pavement, curb & gutter,, storm sewer,, shrubs,, trees,, grass,,
<br />3 4 sprinklers, and any other improvements on the Subject Property by or from any cause
<br />35 whatsoever. In addition,, this hold harmless and indemnity provision includes any damages
<br />3 6' caused by personnel and/or equipment of the City in accessing the City Easement."'
<br />37
<br />38 The new language.-
<br />39 "In consideration of being allowed to encroach on the Easement Area, Owner and Tenant,, their
<br />4 0 successors,, heirs,, and assigns, hereby agree to indemnify and hold City harmless from any
<br />41 damage caused to the Subject Property, including improvements thereto and/or items being
<br />4 2 stored thereon,, including, but not limited to fences, vehicles, pavement, curb and gutter, storm
<br />4 3 sewer,, shrubs,, trees, grass, sprinklers, and any other improvements on the Subject Property by or
<br />4 4 from any cause whatsoever, provided, however,, to the extent reasonably practicable, City shall
<br />4 5 use the southerly entrance to the Subject Property for purposes of gaining access to the Easement
<br />4 6' Area. This hold harmless and indemnity provision includes any damages caused by personnel
<br />4 7 and/or equipment of City in accessing the Easement Area."'
<br />4 8
<br />4 9 Financial Implications: There is no public financial participation requested. The agreement
<br />50 indemnifies the City from any damages to the property owners due to the regular use of the
<br />51 drainage and utility easement. It also requires the property owners to assume responsibility for
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