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N �+ Report Number M(A-HON Agenda Section the city that works for you Council Meeting Date REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: 14 -272 VI -6 November 12, 2014 Consideration of an Encroachment License Agreement, allowing Pulte Homes to construct and maintain a sign within the median of 10h ST NW. DEPARTMENT HEAD'S APPROVAL: Grant Fernelius. Communitv Development Director CITY MANAGER'S APPROVAL: No comments to supplement this re 15.99 Deadline: Not applicable Comments attached Recommendation: Authorize the Mayor and City Manager to execute the attached Encroachment License Agreement. Legislative History: September 24, 2013: The City Council adopted Resolution 13 -076 approving a Plat and Planned Unit Development named The Enclave at New Brighton Exchange for Pulte Homes. Financial Impact: None Explanation: On September 24, 2013 the City Council approved a Plat and Planned Unit Development for Pulte Homes' The Enclave at New Brighton Exchange development. The plans submitted and approved as part of the Planned Unit Development included conceptual plans to construct a residential development monument sign within the median to be constructed at 14th Street NW, the northern most entrance to the development off Old Highway 8 NW. The Encroachment License Agreement provides Pulte Homes permission to construct and maintain their sign, which displays the development name "The Enclave ". Plans illustrating the location and design of the proposed sign are attached. In addition, the license allows Pulte to install and maintain landscaping within the median strip of Northwest Parkway. The City Attorney drafted the attached Encroachment License Agreement and negotiated the terms of the agreement with Pulte Homes. The "license" can be revoked at any time with proper notice (60 days) to the Master Association (established by Pulte Homes). The license also requires the Master Association to be responsible for all work and costs to install and maintain the sign, protects the City from any liens, claims and processes to be placed against the City right -of -way as a result of use of the encroachment area, and requires the Master Association to assume all risk with respect to their activities and use of the encroachment area. Pulte Homes has executed the attached agreement and they'd like to construct the sign this year. Costs and Funding: Not applicable 4"10-duo"t- Janice Gundlach Planning Coordinator