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HomeMy WebLinkAbout05.06.06 Special Council Packet Joint Meeting Farmington Independent School District 192 City of Farmington Agenda I. School Board Call to Order and Roll II. City Council Call to Order and Roll III. Pledge of Allegiance IV. Introductory comments by Mediator Justice James Gilbert V. Joint Presentation by Legal Counsel for School and City VI. School District Action VII. City Action VIII. Final Comments by Justice James Gilbert IX. Adjournment by School Board X. Adj ournment by City Council STATE OF MINNESOTA COUNTY OF DAKOTA CASE TYPE: OTHER CIVIL DISTRICT COURT FIRST JUDICIAL DISTRICT Independent School District No. 192, Plaintiff, Court File No. CO-05-9376 Judge Messerich vs. SETTLEMENT AGREEMENT City of Farmington, Defendant. THIS SETTLEMENT AGREEMENT (this "Agreement") is made and entered into this ~ day of May, 2006~ by and between INDEPENDENT SCHOOL DISTRICT NO. 192~ the Plaintiff in the above-referenced matter and an independent school district under the laws of the State of Minnesota (the "School District"), and CITY OF FARMINGTON, the Defendant in the above-referenced matter and a municipal corporation under the laws of the State of Minnesota (the "City"). WHEREAS, the School District initiated the above-captioned action (the "Legal Action") against the City by service of a Summons and Complaint on or about September 19~ 2005; WHEREAS, the City responded to the School District's Complaint by filing an Answer denying the School District's causes of action; WHEREAS, School District and the City, wishing to avoid the time, expense, inconvenience and uncertainties of litigation, have agreed to settle the Legal Action upon the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the premises and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the School District and the City hereby agree as follows: Section 1. Definitions. For purposes of this Agreement, and in addition such other terms as may be separately defined in this Agreement, the following definitions shall apply: "208th Street Extension" shall mean the proposed east-west extension of 20Sth Street within the city limits for the City, to the extent located only between Flagstaff Avenue and 1367952-8 '" the City of Lakeville border, as depicted on Exhibit A . attached hereto (the "20Sth Street Alignment Plan"). "20Sth Street Improvements" shall mean those street improvements to be constructed in the 20Sth Street Extension pursuant to Section 7(a)(ii)(B) of this Agreement. "20Sth Street Improvements Costs" shall mean all actual costs of right of way acquisition and construction (including without limitation costs of grading, filling, materials acquisition, construction and installation) of the 20Sth Street Improvements, together with all associated engineering, appraisal, legal and other related actual costs and expenses. "Additional Approvals" shall have the meaning ascribed thereto in Section 40f this Agreement. "Christensen Property" shall mean that real property legally described on Exhibit B attached hereto and incorporated herein by this reference. "City Council" shall mean the then duly elected and acting city council for the City. "City Standards" shall mean the collective reference to (i) such design and engineering standards as are contained in the City's Engineering Guidelines Manual and Standard Detail Plates, as regularly and consistently maintained by the City in its ordinary course of business (the "City Engineering Documents"); (ii) such design recommendations or requirements as may be adopted by governmental regulatory agencies other than the City; and (iii) such other design standards, with respect only to matters not otherwise addressed in the City Engineering Documents, as shall be established in the reasonable engineering discretion of the City. "Court" shall mean the Dakota County District Court having jurisdiction of the Legal Action, and before which the Legal Action is pending as ofthe date of this Agreement. "Development Contract" shall mean the contract to be negotiated and executed by the School District and the City, in connection with the furnishing of all Additional Approvals for development of the Christensen Property and the construction of all High School Improvements and Public Improvements in accordance with Section 6 ofthis Agreement. "Draft Feasibility Report" shall mean that draft Report for Flagstaff Utility & Street Improvements, dated August 2005, as prepared by Bonestroo, Rosene, Anderlik & Associates, Inc., a Minnesota corporation. "Effective Date" shall mean the date of approval of this Agreement by the Court. "Final Completion of the Stadium Improvements" shall mean the final completion of that portion of the High School Improvements as shall comprise the football stadium, together with such other improvements as shall be reasonably related thereto (including, by way of example, all football stadium field improvements, bleachers, stadium lighting, audio systems, 1367952-8 2 security fencing or other barriers, sidewalks serving the stadium, and other similarly related improvements). "Final Design Plans" shall mean the design plans, as shall be prepared by Bonestroo, Rosene, Anderlik & Associates, Inc., a Minnesota corporation, and approved by the City Council, setting forth the final design of all Public Improvements in accordance with Section 5( c) of this Agreement. "Final Feasibility Report" shall mean the final feasibility report, as shall be prepared by Bonestroo, Rosene, Anderlik & Associates, Inc., a Minnesota corporation, and approved by the City Council, setting forth the guide for the preparation of the Final Design Plans for the Public Improvements in accordance with Sections 5(a) and (b) of this Agreement. "Flagstaff Street Improvements" shall mean those street improvements for Flagstaff Avenue, as located within the city limits for the City between County State Aid Highway 50 and the City of Lakeville border, all as shall be more fully specified and set forth in the Final Design Plans. "Flagstaff Street Improvements Costs" shall mean all actual costs of right of way acquisition, limited to such additional rights of way, as reasonably deemed necessary by the City and required under the Final Design Plans, for slope easements, temporary construction easements and/or easements for street adjustments, stormwater drainage, or to accommodate turn lanes to serve the High School Improvements and construction (including without limitation costs of grading, filling, materials acquisition, construction and installation) of the Flagstaff Street Improvements, together with all associated engineering, legal and other related actual costs and. expenses. "High School Improvements" shall mean the construction of all private improvements comprising or serving the proposed high school facility to be located on the Christensen Property, including without limitation the high school building, stadium, athletic fields, tennis courts, parking areas, private roads, on-site private utilities and roads, and such other improvements as shall be reasonably related thereto. "Public Improvements" shall mean all public improvements related to the High School Improvements, consisting of the collective reference to the 208th Street Improvements, the Flagstaff Street Improvements, the Sanitary Sewer Improvements, and the Water Main Improvements. "Sanitary Sewer Improvements" shall mean all public improvements" for sanitary sewer and related infrastructure, as generally described in Section 7(c) of this Agreement, and including without limitation any related improvements as shall be constructed in connection therewith, all as shall be more fully specified and set forth in the Final Design Plans. "Sanitary Sewer Improvements Costs" shall mean all actual costs of construction (including without limitation costs of excavation, grading, filling, materials acquisition, construction and installation) of the Sanitary Sewer Improvements, together with all associated engineering, legal and other related actual costs and expenses. 1367952-8 3 "School Board" shall mean the then duly elected and acting school board for the School District. "Sketch Plan" shall mean the collective reference to the following: (i) that Sketch Plan-Site Plan attached hereto as Exhibit C-l; and (ii) to the extent consistent with the underlying assumptions and Public Improvements requirements under the Draft Feasibility Report, as modified by this Agreement, the following: (A) that Sketch Plan-Grading Plan attached hereto as Exhibit C-2; and (B) that Sketch Plan-Utility Plan attached hereto as Exhibit C-3. "Unforeseen Physical Conditions" shall mean such physical conditions of real property that are not actually known, or reasonably knowable, by the City, its staff or consulting engineers, and not readily observable or discoverable on the basis of a physical observation of the subject property, or by resort to existing soil data or information regularly available to and referred to by the City, its staff or consulting engineers, from time to time, including without limitation such conditions as poor soils, environmental contamination, underground storage tanks, or archeological sites. "Water Main Improvements" shall mean all public improvements for water main and related infrastructure, as generally described in Section 7(b) of this Agreement, and including without limitation any related improvements as shall be constructed in connection therewith, all as shall be more fully specified and set forth in the Final Design Plans. "Water Main Improvements. Costs" shall mean all actual costs" of construction (including without limitation costs of excavation, grading, filling, materials acquisition, construction and installation) of the Water Main Improvements, together with all associated engineering, legal and other related actual costs and expenses. Section 2. Standstill Agreement/Dismissal. Each of the School District and the City agree that the terms and provisions set forth in this Agreement constitute a full and complete settlement of the Legal Action and shall result in a dismissal of the Legal Action with prejudice. Notwithstanding the foregoing, the parties agree to a phased termination of litigation activities and dismissalofthe Legal Action, as follows: (a) Standstill Agreement. Imtnediate1y as of the Effective Date, the parties agree to stipulate to a suspension of all litigation activities in the Legal Action, and a stay of all time periods within the Legal Action, in the form of that Stipulation for Suspension of Legal Action and Order in the form attached hereto as Exhibit D (the "Suspension Stipulation and Order"),. including without limitation any outstanding discovery time1ines, briefing deadlines in connection with any pending motions or applications for relief, hearing dates, time periods under any existing scheduling order or otherwise, until the first to occur ofthe following: (i) the failure by the City Council to amend the City's existing Comprehensive Guide Plan (the "Comprehensive Plan") and zoning ordinances, in accordance with Section 3 of this Agreement; (ii) the failure by the Metropolitan Council to approve the City Council's approval of all actions described in Section 3( a) below; or (iii) the entry by the Court of the order of final dismissal with prejudice in accordance with Section 2( c) of this Agreement, at which time all such litigation activities shall be terminated in all respects. Upon the occurrence of any event described in (i) or 1367952-8 4 (ii) above, and without further notice or other action by any party, this Agreement shall be deemed null and void and shall automatically terminate in all respects. (b) Partial Dismissal With Prejudice..Within ten (10) business days following the date of receipt by the School District of written evidence of an approval (conditioned only upon fmal approval by the Metropolitan Council) by the City Council of all actions described in Section 3(a) below, the School District shall execute and deliver to the City a Stipulation for Partial Dismissal With Prejudice and Order in the form attached hereto as Exhibit E (the "Partial Dismissal Stipulation and Order"). Promptly following receipt of the Partial Dismissal Stipulation and Order from the School District, the City shall execute the Partial Dismissal Stipulation and Order and file the same with the Court. (c) Final Dismissal With Pre1udice. Within ten (10) business days following the date of receipt by the School District of written evidence of an unconditional approval by the Metropolitan Council and all other reviewing agencies, if any, of the City Council's approval of all actions described in Section 3(a) below, the School District shall execute and deliver to the City a Stipulation for Final Dismissal With Prejudice and Order in the form attached hereto as Exhibit F (the "Final Dismissal Stipulation and Order"). Promptly following receipt of the Final Dismissal Stipulation and Order from the School District, the City shall execute the Final Dismissal Stipulation and Order and file the same with the Court. Section 3. Amendment to Comprehensive Plan and Zoning Ordinance. (a) Amendment Procedure. Promptly following the Effective Date, the City shall, without further application by the School District, undertake and initiate all such actions as shall be necessary to effect an amendment of the City's existing Comprehensive Plan and zoning ordinances, to allow for the construction, operation and use of the High School Improvements on the Christensen Property for public school purposes, and of all Public Improvements, in accordance with the terms and provisions set forth in this Agreement. Such actions shall include the following: (i) . Amending the land use designation for the Christensen Property from "Urban Reserve" to "Public/Semi-Public"; and (ii) Amending the zoning designation for the Christensen Property from "Agriculture" to "R-l (Low Density Residential)". In furtherance of the foregoing, and immediately from and after the Effective Date, the following shall apply: (i) the City shall promptly schedule the foregoing actions for consideration at a public meeting of the City Council; and (ii) the School District shall cooperate in good faith with the City in furtherance of the City's obligations in (i) above. (b) Consequences of Failure of City Council Approval. In the event of any failure by the City Council to approve unconditionally all actions described in Section 3(a) above or, alternatively, to approve all such actions conditioned only upon approval by the Metropolitan Council of the action described in Section 3(a)(i) above, this Agreement shall be deemed null and void and shall automatically terminate in all respects. 1367952-8 5 ( c) Metropolitan Council Approval. Promptly following the City Council's approval of all actions described in Section 3(a) above, the City shall submit all resulting amendments to the City's existing Comprehensive Plan and zoning ordinances to the Metropolitan Council and all other reviewing agencies, if any, for final approval. In connection with the foregoing, the City and School District shall jointly and cooperatively and in good faith solicit and encourage the approval of all such amendments by the Metropolitan Council and all such other reviewing agencies, including without limitation efforts to obtain the cooperation of the Metropolitan Council and all such other reviewing agencies to expedite all such approval processes. The City, City Council, and members of City staff shall not, whether directly or indirectly, engage in communications or other actions contrary to the City's obligation herein to solicit and encourage all such approvals. Notwithstanding the foregoing, this Agreement does not prevent any City Council member from voicing an opinion or opposing approval of the amendment to the Comprehensive Plan or zoning ordinances, so long as that City Council member makes clear that he or she is voicing his or her opposition in his or her individual capacity. Following approval or other action of all such amendments by the Metropolitan Council, the City shall promptly notify the School District of such approval or other action, and deliver to the School District written evidence of each such approval or other action. In the event of any failure by the Metropolitan Council to approve such amendments unconditionally, this Agreement shall be deemed null and void and shall automatically terminate in all respects. Section 4. Additional Governmental Approvals. The School District and the City agree that further governmental approvals (the "Additional Approvals"), in addition to those approvals described in Section 3 of this Agreement, will be necessary in connection with the design, construction, operation and use of all proposed High School Improvements and Public Improvements. A nonexclusive list of all requirements for such Additional Approvals, to the extent known as of the date of this Agreement, is more fully set forth on Exhibit G attached hereto. With respect to all such Additional Approvals, the School District shall be responsible for preparation, submittal and compliance with all subsequent approval applications, together with any required submissions. Notwithstanding the foregoing, the City agrees, to the extent reasonably practicable and lawfully permissible, to cooperate in good faith with the School District in the staging of all such approval processes within the jurisdiction of the City in such manner and order, and on such timetables, as shall enable the School District to expedite the City's consideration of such approval applications. In furtherance of the City's preceding agreement, the. School District shall in good faith endeavor to promptly and fully complete and submit all such approval applications, and to take such other actions and/or file such additional materials as shall be necessary to perfect 'such applications for such expedited consideration by the City. Promptly after the Effective Date, representatives of each of the School District and the City shall meet to identify all such Additional Approvals and to discuss all applicable filing and submittal requirements, procedures for coordinated or overlapping staging of such applications, and other opportunities for expediting the application for, and consideration by the City of, all such Additional Approvals. Section 5. Design of Public Improvements. The School District and the City agree that the Public Improvements shall be designed as follows: (a) Final Feasibility Report. Subject to Section 5(b) below, the Final Feasibility Report shall incorporate the provisions of: 1367952-8 6 (i) the Draft Feasibility Report and Section 7(a)(i), below, as they pertain to the design and construction of Flagstaff Avenue; (ii) the 20Sth. Street Alignment Plan and Section 7(a)(ii), below; (iii) the Water Main Improvements set forth in Section 7(b), below; and (iv) the Draft Feasibility Report and Section 7(c), below, as they pertain to the design and construction of the Sanitary Sewer Improvements. (b) It is understood that the Final Feasibility report shall conform in all respects to Section 5(a) of this Agreement, except as follows: (i) If the School District submits to the City a site plan, plat and accompanying plat submittal documents that materially deviate from the Sketch Plan, the Draft Feasibility Report (except as modified by this Agreement), and this Agreement, the following shall apply: (A) the City shall promptly advise the School District of any necessary changes or modifications to the Public Improvements (as then contemplated and/or designed), as may be reasonably required by the City as a direct result of such site plan, plat and accompanying plat submittal documents, together with the City's reasonable cost estimates associated therewith, in order to ensure that the Public Improvements are designed and constructed in accordance with City Standards; (B) the School District shall be permitted thereafter to withdraw, or modify and resubmit, such site plan, plat and accompanying plat submittal documents, in collaboration with the City, as a result of the information furnished by the City pursuant to (A) above; and (C) to the extent of any final site plan, plat and accompanying plat submittal documents as may be submitted by the School District, following the implementation of (A) and (B) above, and to the extent of any then remaining material deviation of such final site plan, plat and accompanying plat submittal documents from the Sketch Plan, the Draft Feasibility Report (except as modified by this Agreement), and this Agreement, the City may modify the Public Improvement requirements set forth in Section 7 in order to ensure that the Public Improvements are designed and constructed in accordance with City Standards; (ii) In the event of the discovery of any Unforeseen Physical Conditions, the City may, after notification to, and comment by, the School District, modify the Public Improvement requirements set forth in Section 7 in order to accommodate the Unforeseen Physical Conditions and ensure that the Public Improvements, as so modified, are designed and constructed in accordance with City Standards; and (iii) Cost estimates provided in the Draft Feasibility Report will be revised to reflect the costs of the Public Improvements, as determined after the City receives bids for the Public Improvements. (c) Final Design Plans. The Final Design Plans shall be prepared in accordance with the Final Feasibility Report. The Final Design Plans shall not deviate from the Final Feasibility Report, except as follows: (i) If the School District submits to the City a site plan, plat and accompanying plat submittal documents that materially deviate from the Sketch Plan, the Draft 1367952-8 7 Feasibility Report (except as modified by this Agreement), and this Agreement, the following shall apply: (A) the City shall promptly advise the School District of any necessary changes or modifications to the Public Improvements (as then contemplated and/or designed), as may be reasonably required by the City as a direct result of such site plan, plat and accompanying plat submittal documents, together with the City's reasonable cost estimates associated therewith, in order to ensure that the Public Improvements are designed and constructed in accordance with City Standards; (B) the School District shall be permitted thereafter to withdraw, or modify and resubmit, such site plan, plat and accompanying plat submittal documents, in collaboration with the City, as a result of the information furnished by the City pUrsuant to (A) above; and (C) to the extent of any final site plan, plat and accompanying plat submittal documents as may be submitted by the School District, following the implementation of (A) and (B) above, and to the extent of any then remaining material deviation of such final site plan, plat and accompanying plat submittal documents from the Sketch Plan, the Draft Feasibility Report (except as modified by this Agreement), and this Agreement, the City may modify the Public Improvement requirements set forth in Section 7 in order to ensure that the Public Improvements are designed and constructed in accordance with City Standards; and (ii) In the event of the discovery of any Unforeseen Physical Conditions, the City may, after notification to, and comment by, the School District, modify the Public Improvement requirements set forth in Section 7 in order to accommodate the Unforeseen Physical Conditions and ensure that the Public Improvements, as so modified, are designed and constructed in accordance with City Standards. (d) School District Review and Approval of Final Feasibility Report and Final Design Plans. Prior to submission to the City Council for approval, the City shall furnish to the School District for its review, comment and acceptance each of the Final Feasibility Report and Final Design Plans. Section 6. Development Contract. The School District and the City agree that, in connection with the furnishing of all Additional Approvals, the School District and the City shall enter into the Development Contract in connection with the development of the Christensen Property and the construction of all High School Improvements and Public Improvements. To the extent applicable, the Development Contract shall incorporate the terms and provisions of this Agreement and shall require the construction of the Public Improvements to be performed accot:ding to the Final Design Plans. In the event of any conflict or inconsistency between the Development Contract and this Agreement, the following shall apply: (A) in the case only of any conflicts or inconsistencies which are expressly contemplated in, and permitted by, Sections 5(b) and (c) of this Agreement to become part of the Final Feasibility Report and/or Final Design Plans, and are thereby so incorporated into the Development Contract, the Development Contract shall control; and (B) in all other respects, this Agreement shall control. Section 7. Public Improvements Requirements. The School District and the City agree that all Public Improvements shall be limited to the following: (a) Public Streets and Avenues. (i) Flagstaff Avenue. 1367952-8 8 (A) Ri~t of Wav. The City shall acquire for purposes of the Flagstaff Street Improvements such additional public rights of way, as reasonably deemed necessary by the City and required under the Final Design Plan, for slope easements, temporary construction easements and/or easements for street adjustments, stormwater drainage, or to accommodate turn lanes to serve the High School Improvements. Such acquisition by the City will be through, if necessary, the exercise of the City's powers of eminent domain. (8) Construction of Flagstaff Street Improvements. The City shall construct all Flagstaff Street Improvements in accordance with the Final Design Plan. ) (C) Flagstaff Street Improvements Costs. Subject to Section S below, all Flagstaff Street Improvements Costs shall be borne solely by the School District. (ii) 20Sth Street Extension. (A) Right of Way. The alignment of the 20Sth Street Extension shall conform in all material respects to the alignment depicted in the 20Sth Street Alignment Plan, with the midline of the right of way for the 208th Street Extension, to be located along the northerly border of the northernmost parcel comprising a portion of the Christensen Property, all as generally depicted in the 20Sth Street Alignment Plan. The entirety of the 20Sth Street Extension right of way shall be in a width of not greater than 100 feet. To the extent that the 20Sth Street Extension right of way shall be located on the Christensen Property pursuant to this Section 7(a)(ii)(A), the School District shall contribute to the City, at the School District's sole cost and expense, an easement for such right of way, together with any slope or construction easements, if any, as shall be reasonably necessary; provided, however, such contribution shall be deferred until such time as the 208th Street Improvements shall be required to be constructed by the City in accordance with Section 7(a)(ii)(B) below (the School District hereby agreeing in the interim, and as part of the platting process for the Christensen Property, to plat the proposed right of way easement as an outlot for such purpose). As to all other right of way comprising a portion of the 20Sth . Street Extension right of way, together with any necessary slope or construction easements, the following shall apply: (1) the School District shall in good faith endeavor to negotiate and accomplish a conveyance of an easement for such right of way and other easements from the owner or owners thereof to the City; and (2) to the extent that the School District is unsuccessful in securing conveyances pursuant to (1) above, the City shall acquire such public rights of way and other easements through, if necessary, the exercise of the City's powers of eminent domain. (8) Construction. of 208th Street Improvements. The City shall construct all 20Sth Street Improvements in accordance with the Final Design Plan. The specifications of the 208th Street Improvements shall conform generally to those applicable to the Flagstaff Street Improvements (provided, however. and notwithstanding the foregoing, the following shall apply: (a) the 20Sth Street Improvements shall be designated a rural section with culverts, as needed, and ditches for drainage purposes (the construction of such culverts and drainage ditches to be considered part of the 20Sth Street Improvements); and (b) no water main, sanitary sewer or storm sewer shall be constructed within the 20Sth Street Extension), all as shall be more fully specified and set forth in the Final Feasibility Report. 1367952-8 9 (C) Timing of 20Sth Street Improvements. The City shall construct all 20Sth Street Improvements in accordance with the Final Design Plan. The School District and the City agree that the timing of construction of the 20Sth Street Improvements shall be deferred until the first to occur of the following: (1) the occurrence of all of the following: (a) the date of commencement of the School District's first fall football season immediately following the date of Final Completion of the Stadium Improvements; and (b) the date upon which the School District's student attendance at the new high school to be located on the Christensen Property exceeds 1,750 students; or (2) the date of construction of 202nd Street within the City of Lakeville, between Cedar Avenue and the City border, the effect of which would link 202nd Street with the 20Sth Street Extension. Notwithstanding the foregoing, the School District may in the School District's discretion petition the City, under Minnesota Statutes ~ 429.031, et. seq., to construct the 208th Street Improvements earlier than otherwise provided in this Section 7(a)(ii)(C).Each of the School District and the City shall in good faith cooperatively share information relating to the foregoing in order to collectively plan for, and effectively manage, the construction of the 20Sth Street Extension at such times as shall both enable the timely construction of the 20Sth Street Extension in accordance with this Section 7(a)(ii)(C) and minimize the disruption of public high school operations on the Christensen Property. ) (D) Wetland Mitigation. The School District and the City agree that any future construction of 20Sth Street east of Flagstaff Avenue will involve a limited wetland impact, as generally depicted on the 20Sth Street Alignment Plan (the "Wetland Impact Location"). The School District shall have no obligation or responsibility with respect to construction of any portion of 20Sth Street east of Flagstaff Avenue; provided, however. in the event, and to the extent, of any construction of 208th Street on or in the Wetland Impact Location, the School District agrees to mitigate all associated wetland impacts resulting therefrom (as required by.the Minnesota Board of Water and Soil Resources or other agency with jurisdiction to determine the type and amount of required mitigation). The School District and the City agree that such impacts are estimated to equal approximately 1.0 to 1.5 acres, with the understanding that the actual impacts shall be finally determined after the final 20Sth Street road design and related wetland delineation are completed. With regard to the extension of 20Sth Street east of Flagstaff Avenue, the School District and the City agree that, as to any wetland impacts located other than on or within the Wetland Impact Location, the School District shall have no liability or responsibility for any required mitigation. (E) 208th Street Improvements Costs. Subject to Section S below, all20Sth Street Improvements Costs shall be borne solely by the School District. (b) Water Main Improvements. The City shall construct and install a public dead end water main from the intersection of County State Aid Highway 50 and Pilot Knob Road to the Christensen Property in accordance with the following requirements: (i) Commencing at the intersection of County State Aid Highway 50 and Pilot Knob Road and continuing west along County State Aid Highway 50 to the intersection of County State Aid Highway 50 and Flagstaff Avenue, a 16 inch water main shall be installed in the existing public right of way for County State Aid Highway 50, along the northern edge of such right of way, as allowed by Dakota County. 1367952-8 10 (ii) Commencing at the intersection of County State Aid Highway 50 and Flagstaff Avenue and continuing north along Flagstaff Avenue to the water service connection point to be located on the Christensen Property for purposes of serving the High School Improvements, an 18 inch water main shall be installed in the existing public right of way for Flagstaff Avenue, as determined by the City at its discretion. The School District's water service connection point on the Christensen Property shall be determined by the School District, in consultation with the School District's architect, based upon the preferred routing for a water service connection to the High School Improvements. (Hi) The City covenants and agrees that it shall actively and in good faith assist the School District in obtaining any necessary approvals from Dakota County in connection with the location of such water main under and across County State Aid Highway 50. (iv) Subject to Section 8 below, all Water Main Improvements Costs shall be borne solely by the School District. (c) Sanitary Sewer Improvements. ) (i) The City shall construct all Sanitary Sewer Improvements in accordance with the Final Design Plan; provided. however. promptly following the Effective Date, the School District and the City shall in good faith endeavor to schedule and conduct one or more meetings with the Metropolitan Council, together with such other potentially interested parties" as the School District and/or City reasonably deem prudent, or the Metropolitan Council requests, for the purposes of discussing the possible inclusion of the Sanitary Sewer Improvements into a regional sewer system agreement, including possible arrangements for cost sharing in connection with any resulting regional system. (ii) Subject to Section 8 below, all Sanitary Sewer Improvements Costs shall be borne solely by the School District; provided, however, in the event of any agreement among the School District, the City, the Metropolitan Council and other interested parties for the development of a regional sanitary sewer system that would include the Sanitary Sewer Improvements, pursuant to Section 7(c)(i) above, then the resulting cost sharing, including the obligations of the School District for its share thereof (including the Sanitary Sewer Improvements Costs), shall be in accordance with the terms of any such regional sanitary sewer system agreement. Section 8. Cost Recovery. To the extent pennitted under applicable law, the City shall seek cost recovery for infrastructure costs from properties benefiting from such infrastructure facilities, and shall remit those recovered costs to the School District as follows: (a) Flagstaff Street Improvements. With respect to the construction by the City ofthe Flagstaff Street Improvements pursuant to Section 7(a)(i) above, and to the extent that development of any properties outside the Christensen Property, and located within the benefit area (as shall be reasonably determined by the City) for such improvements, results in the construction of streets connecting directly or indirectly to Flagstaff Avenue as part of such properties' subsequent development, the City shall charge and collect such assessments, charges. or fees as authorized or permitted by law. To the extent that the City collects such fees, the City 1367952-8 11 shall pay over and deliver to the School District all such fees so collected in reimbursement to the District for that portion of the Flagstaff Street Improvements Costs that exceeds the School District's apportioned benefit, without interest, all in an amount not to exceed the actual Flagstaff Street Improvements Costs, less the amount of the Sehoo1 District's apportioned benefit thereof. The City's obligation under this Section 8(a) shall terminate 40 years from the Effective Date. (b) 208th Street Improvements. With respect to the construction by the City of the 208th Street Improvements pursuant to Section 7(a)(ii) above, and to the extent that development of any properties outside the Christensen Property, and located within the benefit area (as shall be reasonably determined by the City) for such improvements, results in the construction of streets connecting directly or indirectly to 208th Street as part of such properties' subsequent development, the City shall collect such assessments or charges as authorized or permitted by law. To the extent that the City collects such fees, the City shall pay over and deliver to the School District all such fees so collected in reimbursement to the District for that portion of the 208th Street Improvements Costs that exceeds the School District's apportioned benefit, without interest, all in an amount not to exceed the actual 208th Street Improvements Costs, less the amount of the School District's apportioned benefit thereof. The City's obligation under this Section 8(b) shall terminate 40 years from the date of completion of the 208th Street Improvements. ) (c) Water Main Improvements. With respect to the construction by the City of the Water Main Improvements pursuant to Section 7(b) above, and to the extent that development of any properties outside the Christensen Property, and located within the benefit area (as shall be reasonably determined by the City) for such improvements, results in the hook- up to the W aterMain Improvements, as part of such properties' subsequent development, the City shall impose trunk charges as authorized or permitted by law. To the extent that the City collects such fees, the City shall pay over and deliver to the School District all such fees so collected in reimbursement to the District for that portion of the Water Main Improvements Costs that exceeds the School District's apportioned benefit, without interest, all in an amount not to exceed the actual Water Main Improvements Costs, less the amount of the School District's apportioned benefit thereof. The City's obligation under this Section 8(c) shall terminate 50 years from the Effective Date. (d) Sanitary Sewer Improvements. With respect to the construction by the City of the Sanitary Sewer Improvements pursuant to Section 7(c) above, and to the extent that development of any properties outside the Christensen Property, and located within the benefit area (as shall be reasonably determined by the City) for such improvements, results in the hook- up to the Sanitary Sewer Improvements, as part of such properties' subsequent development, the City shall impose trunk charges as authorized or permitted by law. To the extent that the City collects such fees, the City shall pay over and deliver to the School District all such fees so collected in reimbursement to the District for that portion of the Sanitary Sewer Improvements Costs that exceeds the School District's apportioned benefit, without interest, all in an amount not to exceed the actual Sanitary Sewer Improvements Costs, less the amount of the School District's apportioned benefit thereof. The City's obligation under this Section 8(d) shall terminate 50 years from the Effective Date. 1367952-8 12 ( e) Notification to School District. (i) City Council Packets. Until such time as all of the City's obligations under this Section 8 shall terminate, the City shall promptly provide to the School District, as and when available (and in any event reasonably in advance of each applicable City Council meeting), copies of the City Council packet for each City Council Meeting, in form and content furnished, or to be furnished, to each member of the City Council; and (ii) Change Orders. Change orders with respect to the construction of any and all Public Improvements, prior to approval by the City's engineer, will be provided to the School District's designee for review and comment. (f) Assumption of Risk. Provided that the City in good faith seeks cost recovery for the benefit of the School District in accordance with the provisions of this Section 8, the School District acknowledges and agrees that the obligations of the City hereunder are otherwise limited only to amounts actually collected, and that the School District bears all risk of insufficiency with respect to amounts so collected. Section 9. Park Dedication. In connection with the School District's development of the Christensen Property, including without limitation the construction, operation and use of the High School Improvements on the Christensen Property for public school purposes and otherwise in accordance with the terms and provisions set forth in this Agreement, which High School Improvemellts shall include approximately 54 acres of recreational fields and amenities, ': the City agrees to waive any and all municipal or other requirements, whether heretofore charged ./ or asserted or hereinafter chargeable or assertab1e, for dedication of parks, playgrounds, trails, wetlands, or open space, or fees in lieu thereof, pursuant to Minnesota Statutes ~ 462.358, Subd. 2b, and Farmington City Code ~ 11-4-9. Section 10. Adjacent Propertv Development. The School District covenants and agrees that it will not actively seek or encourage the development of properties within the City and adjacent to the Christensen Property in a manner inconsistent with the City's then-existing Comprehensive Plan. The foregoing covenant shall automatically expire upon the first to occur of the following: (i) January 1, 2020; (ii) the occurrence of any amendment to the Comprehensive Plan that can be reasonably interpreted to contemplate or permit development of any such properties; or (iii) the actual occurrence of development of any such properties. Section 11. Mutual Release. (a) Effective as of the date of execution by the Court of the Partial Dismissal Stipulation and Order, each of the School District and the City hereby release and discharge each other, together with their respective agents, successors, predecessors, attorneys, insurers, representatives and assigns, from any and all claims that were, or could have been, made in Counts Five and Six of the Legal Action. (b) Effective as of the date of execution by the Court of the Final Dismissal Stipulation and Order, each of the School District and the City hereby release and discharge each other, together with their respective agents, successors, predecessors, attorneys, insurers, 1367952-8 13 representatives and assigns, from any and all claims that were, or could have been, made in the Legal Action. (c) Notwithstanding Sections 11 (a) and (b) of this Agreement, this Agreement is meant to be, and constitutes, a compromise only of disputed claims that were presently known to the School District and that were expressly and specifically alleged in the School District's complaint in the Legal Action. The School District and the City do not, by entry into this Agreement, (a) make any admission of liability of fault, or waive any of their defenses, claims, or right to pursue any cause(s) of action with respect to events occurring in the future, or (b) intend for any waiver of claims, causes of action, demands, and damages that are presently not known to the parties and/or that may arise in the future in connection with any School District project including the project that was the subject of the Legal Action, including, but not limited to, any subsequent actions by the City that adversely affect any School District project including the project that was the subject of the Legal Action. Section 12. Committee Membership. (a) School District Site Selection Committee. The City shall be entitled to designate, and shall so designate, one City official or staff member, satisfactory to the School District, on future school site selection committees established by the School District from time to time. (b) Citv Comprehensive Plan Review Committee. The School District shall be entitled to designate, and shall so designate, one School District official or staff member, satisfactory to the City, on future comprehensive plan review committees established by the City from time to time. Section 13. Joint Public Statement. Upon the due execution of this Agreement on behalf of each of the School District and the City, the parties shall issue a joint statement in the form attached hereto as Exhibit H. Section 14. Miscellaneous. (a) Good Faith Agreement. Each of the School District and the City have entered into this Agreement in good faith, and covenant and agree in all respects to administer and implement their respective responsibilities and obligations hereunder in good faith, and to abide by the terms of this Agreement in all respects. (b) Joint Recreational. Faci1itiesIProiects. In recognition of the School District's and the City's mutual interest in, and need for, recreational facilities to augment the School District's existing and future curricular, extracurricular and community educational needs and objectives, as well as the City's existing and future community recreational needs and objectives, each of the School District and the City mutually agree to explore, as appropriate, opportunities for joint recreational facilities and programs on both existing and future public school and municipally-owned sites and properties. (c) Traffic Management Plan. The School District agrees to submit to the City, in conjunction with its application for a conditional use permit pursuant to Section 4 of this 1367952-8 14 Agreement, a traffic management plan, which will describe the School District's plan for managing vehicular traffic to and from the Christensen Property. The plan will address matters such as, but not limited to, the use by the School District of traffic control officers and on-site parking attendants, and will include such details as the times during which such officers and attendants will be utilized, the qualification requirements for such officers and attendants, and procedures for periodic review of such plan. If, upon review by the City, the plan does not meet the City's approval, the City may make reasonable modifications to the plan. The City may incorporate the traffic management plan as submitted, or as modified by the City in accordance with this Section 14( c), as a condition to the conditional use permit. (d) Legal Fees and Costs. Each of the School District and the City shall separately bear its own costs and expenses arising out of, or incurred in connection with, the "Legal Action, whether directly or indirectly arising or incurred, including without limitation any and all attorneys fees and expenses, engineering fees, consulting fees, expert witness fees, together with any and all other fees and expenses incurred in mediation or settlement of the Legal Action. (e) Binding Agreement. This Agreement shall be binding on each of the School District and the City, together with their respective successors and assigns, whether by way of merger, consolidation, operation oflaw, assignment, purchase or other acquisition. (f) Commencement/Amendment. This Agreement shall commence as of the Effective Date and shall remain in effect at all times thereafter until amended. No amendment to this Agreement shall in any event be effective unless the same shall be set forth in a writing duly authorized by the School Board and the City Council and executed on behalf of the School District and the City. (g) Governing Law. This Agreement shall be governed by, and construed in accordance with, the.1aws of the State of Minnesota. (h) Section Headings. The section headings in this Agreement are included herein for convenience of reference only, and shall not affect the construction or interpretation of any provision of this Agreement. (i) Defau1ts/Disputes under Settlement Agreement. (i) Any act or failure to act, whether legislatively or administratively, and whether direct or indirect, by either party to this Agreement, which constitutes or results in the nonperformance by such party of any covenant, condition, term or provision of this Agreement, shall be a default hereunder. (ii) In the event of any dispute between. the parties arising out of, or related to, this Agreement, or any default under this Agreement, the following shall apply: (A) Each of the superintendent for the School District and the city administrator for the City, or their respective designees, shall promptly meet and in good faith endeavor to resolve such disputes or defaults amicably; and 1367952-8 15 (B) To the extent that any dispute(s) or defau1t(s) remain unresolved, in the opinion of either the School District or the City, pursuant to (i) abovet such dispute(s) shall be venued in Dakota CountYt Minnesota before the Honorable Kathryn D. Messerich. [The balance of this page has been intentionally left blank.] 1367952-8 16 IN WITNESS WHEREOF, this Settlement Agreement has been duly executed by the parties hereto effective as ofthe day and year first set forth above. INDEPENDENT SCHOOL DISTRICT NO. 192 By Julie McKnight, School Board Chair By Print Name Acting Clerk CITY OF FARMINGTON By Kevan A. Soderberg, Mayor By Peter J. Herlofsky, City Administrator ORDER The foregoing Settlement Agreement is hereby approved. BY THE COURT: Dated: May _, 2006 The Honorable Kathryn Davis Messerich, Judge of Dakota County District Court 1367952-8 17 u.11 ~II 511 Lil II II II _ _ _ .J.!lW lrrREET 'I -------, I' II 'I 1~95TH STREET r--- TENTATlVEI1208TH SlREET AliGNMENT 20!!IJ1 ~ ==-::::. ~I /I 'I 'I I PR0P08ED HIGH SCIIClClL -- EXHIBIT A \~ \~ ~ FARMINGTON, MN FLAGSTAFF AVENUE/208TH STREET DATE: MARCH 2006 EXHIBIT B Christensen Property Legal Description The Southwest Quarter of the Northeast Quarter, and the Northwest Quarter of the Southeast Quarter, all in Section 27, Township 114 North, Range 20 West, Dakota County,Minnesota. ALSO: That part of the Northeast Quarter of the Southeast Quarter of Section 27, Township 114 North, Range 20 West, Dakota County, Minnesota, described as follows: Beginning at the northeast comer of the Southeast Quarter of said Section 27; thence South 00 degrees 19 minutes 57 seconds West, assumed bearing, along the east line of said Southeast Quarter, 990.29 feet; thence South 89 degrees 57 minutes 18 seconds West, parallel with the north line of said Southeast Quarter, 1320.15 feet to the west line of the Northeast Quarter of said Southeast Quarter; thence North 00 degrees 21 minutes 16 seconds East, along said west line, 990.29 feet to the northwest comer of said Northeast Quarter of the Southeast Quarter; thence North 89 degrees 57 minutes 18 seconds East, along the north line of said Northeast Quarter of the Southeast Quarter, 1319.77 feet to the point of beginning. Containing 110.00 acres more or less. 1367952-8 EXHIBIT C-l _ __ _ -:--_ HOt':2'J~-r __-=-=__~..JJ3 ~ Is I ~ ~- .n !:DO"~I~'" ~~ ~ll: .. .- ~ I' 14 lIut ~ n nil j.. I ,III I Ii .. .. rl l' 1'" -M ! is ~ : ~....,...~,~ ) ~=-...__.- ._-----~~.,. ~::-..._._._--_.- '" m -< 'U ~ ~~GhJup --- SKETCH PLAN - SITE PLAN FARMINGTON HIGH SCHOOL r- lS m z o ~ -:::=- lliilF'".,~ .~~ ,.0' fOl' ~,...-- EXHIBIT C-2 I I , I I I I I I I gl ~: ~I "', , I I $1 I: -~:_-:Imll-_~ --.... -fMrt'5l"!' ~ I ~ I 1= ! IE rf l RI ~ (I i ~_._.~/ -~ L-.-.._.-_.__.__..._.__ -- Ii ~- ~~ 1311.71 ....---~~~.:)... ..._.~._.-_.__...- " !l! "D ~ 1;1 D~ef6~p ........ ....... ,...., ........ SKETCH PLAN - GRADING PLAN FARMINGTON HIGH SCHOOL ,.... m m Z o ~ rn ~T~ r;J:I#>"tf<~ ili!'i!!F="".' =-,' =E'!ii tlC)1 fOI' \ EXHIBIT C-3 HOCr2T35: 'C 1.,r1.0,) ~ ~ ~ " , , I , , I I , I I , I -. ~i ~: 8.1 ::i, , I . , I ~;;E c..:.~ :...~ (")~ ~ IJ) - ~ ! , . ill I: -i::.-~-"""_T ~- ,= ~. r z .l!l ~ UI ~I i Ii · ,.. I PA II . '1 ~ J!j !! ,., p . .1 i --rL""~).-=--.---nIW-."_.__._-_._._- - ---~...~~~~..-_.~._..__._..- ~ ~ iii oLi{ef6tlp ~ ~ ........ ...... SKETCH PLAN - UTILITY PLAN FARMINGTON HIGH SCHOOL In G> !l! o ~ en ---==- ~ _.CtlOt' -~_._._-= ...nRr:J1I#i'~- ==- . -. . -- ~.......- EXHIBIT D STATE OFMINNESOT A COUNTY OF DAKOTA CASE TYPE: OTHER CNIL DISTRICT COURT FIRST JUDICIAL DISTRICT . Independent School District No. 192, Plaintiff, Court File No. CO-05-9376 Judge Messerich vs. City of Farmington, STIPULATION FOR SUSPENSION OF LEGAL ACTION AND ORDER Defendant. STIPULATION The above-entitled action, having been partially compromised and settled, IT IS HEREBY STIPULATED AND AGREED, by and between Independent School District No. 192 [hereinafter "School District"] and the City of Farmington [hereinafter "City'1, through their respective counsel, and subject to all terms contained herein and in that Settlement Agreement, dated May _' 2006, by and between the parties (the "Settlement Agreement"), the terms and provisions of which are incorporated herein by this reference, that all litigation activities in said action may be suspended, and all time periods within said action may be stayed, including without limitation any outstanding discovery timelines, briefmg deadlines in connection with any pending motions or applications for relief, hearing dates, time periods under any existing scheduling order or otherwise, subject to and in accordance with Section 2(a) of the Settlement Agreement. IT IS FURTHER STIPULATED AND AGREED that upon the occurrence of any event described in Section 2(a)(i) or (ii) of the Settlement Agreement, and without further notice or other action by any party, said suspension and stay shall be deemed null and void and shall automatically terminate in all respects, provided that any time periods theretofore stayed shall be deemed automatically extended for the period of such stay. IT IS FURTHER STIPULATED AND AGREED that upon the occurrence of such termination of said suspension and stay, legal counsel for the School District shall promptly file with the Court an affidavit attesting to the occurrence of such event(s), with a copy thereof furnished to legal counsel for the City. 1367952.8 Dated: Dated: 1367952-8 . 2006 ,2006 RIDER BENNETT, LLP By Timothy J. Nolan (203671) Jeffrey D. Carpenter (15782X) Kathy S. Kimmel (268823) Attorneys for Plaintiff Independent School District No. 192 33 South Sixth Street, Suite 4900 Minneapolis, MN 55402 612-340-8911 /612-340-8935 /612-340-8982 GREENE ESPEL, P.L.L.P. By Clifford M. Greene (37436) Pamela L. VanderWiel (305960) Attorneys for Defendant City ofFannington 200 South Sixth Street, Suite 1200 Minneapolis, MN 55402 612-373-0830 2 ORDER Pursuant to the foregoing Stipulation, the above-entitled action is hereby suspended and all time periods within said action are hereby stayed, subject to and in accordance with Section 2(a) of the Settlement Agreement. BY THE COURT: Dated: , 2006 The Honorable Kathryn Davis Messerich, Judge of Dakota County District Court 1367952-8 3 EXHIBIT E STATE OF MINNESOTA COUNTY OF DAKOTA CASE TYPE: OTHER CNIL DISTRICT COURT FIRST JUDICIAL DISTRICT Independent School District No. 192t Plaintifft Court File No. CO-05-9376 Judge Messerich vs. City of Fanningtont STIPULATION FOR PARTIAL DISMISSAL WITH PREJUDICE AND ORDER Defendant. STIPULATION The above-entitled action, having been partially compromised and settled, subject to the terms of such sett1ementt IT IS HEREBY STIPULATED AND AGREED, by and between fudependent School District No. 192 [hereinafter "School District"] and the City of Farmington [hereinafter "CitY']t through their respective counsel, that Counts Five and Six of said action may be dismissed with prejudicet but without further costs to any of the partiest and subject to all terms contained herein and in that Settlement Agreement, dated May -' 2006t by and between the parties (the "Settlement Agreement"), the terms and provisions of which are incorporated herein by this reference. IT IS FURTHER STIPULATED AND AGREED that the Settlement Agreement is meant to be a compromise only of disputed claims that were presently known to the School District and that were expressly and specifically alleged in the School District's Complaint, and that 'the parties hereto make no admission of liability or fault and waive none of their defenses, claimst or right to pursue any cause(s) of action with respect to events unknown to the School District and/or events occurring in the future. IT IS EXPRESSLY STIPULATED AND AGREED that the parties do not intend for any waiver of claimst causes of actiont demands, and damages that are presently not known to the parties and/or that may arise in the future in connection with any School District project including the project that was the subject of the Complaint, including, but not limited to, any subsequent actions by the City that adversely affect any School District project including the project that was the subject of the Complaint. 1367952.8 IT IS FURTHER STIPULATED AND AGREED that any party, without notice to the other, may cause judgment of dismissal with prejudice of Counts Five and Six of said action to be entered herein, subject to all terms contained herein. RIDER BENNETT, LLP By Dated: . 2006 Timothy J. Nolan (203671) Jeffrey D. Carpenter (1 5782X) Kathy S. Kimmel (268823) Attorneys for Plaintiff Independent School District No. 192 . 33 South Sixth Street, Suite 4900 Minneapolis, MN 55402 612-340-8911 /612-340-8935/612-340-8982 GREENE ESPEL, P.L.L.P. By Dated: . 2006 Clifford M. Greene (37436) Pamela L. VanderWiel (305960) Attorneys for Defendant City of Farmington 200 South Sixth Street. Suite 1200 Minneapolis, MN 55402 612-373-0830 1367952-8 2 ORDER Pursuant to the foregoing Stipulation, Counts Five and Six of the above-entitled action are hereby dismissed with prejudice, but without cost to any party, and subject to all of the terms contained in the foregoing Stipulation and the Settlement Agreement, and judgment may be entered accordingly. Dated: . 2006 1367952-8 BY THE COURT: The Honorable Kathryn Davis Messerich, Judge of Dakota County District Court 3 EXHIBIT F STATE OF MINNESOTA COUNTY OF DAKOTA CASE TYPE: OTHER CNIL DISTRICT COURT FIRST JUDICIAL DISTRICT Independent School District No. 192, Plaintiff, Court File No. CO-05-9376 Judge Messerich vs. City of Farmington, STIPULATION FOR FINAL DISMISSAL WITH PREJUDICE AND ORDER Defendant. STIPULATION The above-entitled action, having been fully compromised and settled, IT IS HEREBY STIPULATED AND AGREED, by and between Independent School Distric~ No. 192 [hereinafter "School District"] and the City of Farmington [hereinafter "City'1, through their respective counsel, that said action may be dismissed with prejudice, but without further costs to any of the parties, and subject to all terms contained h~ein and in that Settlement Agreement, dated May ---' 2006, by and between the parties (the "Settlement Agreement"),the terms and provisions of which are incorporated herein by this reference. IT IS FURTHER STIPULATED AND AGREED that the Settlement Agreement is meant to be a compromise only of disputed claims that were presently known to the School District and that were expressly and specifically alleged in the School District's Complaint, . and that the parties hereto make no admission of liability or fault and waive none of their defenses, claims, or right to pursue any cause(s) of action with respect to events unknown to .the School District and/or events occurring in the future. IT IS EXPRESSLY STIPULATED AND AGREED that the parties do not intend for any waiver of claims, causes of action, demands, and damages that are presently not. known to the parties and/or that may arise in the future in connection with any School District project including the project that was the subject of the Complaint, including, but not limited to, any subsequent actions by the City that adversely affect any School District project including the project that was the subject of the Complaint. 1367952-8 IT IS FURTHER STIPULATED AND AGREED that any party, without notice to the other, may cause judgment of dismissal with prejudice to be entered herein, subject to all of the terms contained in the foregoing Stipulation and the Settlement Agreement. RIDER BENNETT, LLP By Dated: , 2006 Timothy J. Nolan (203671) Jeffrey D. Carpenter (15782X) Kathy S. Kimmel (268823) Attorneys for Plaintiff Independent School District No. 192 33 South Sixth Street, Suite 4900 Minneapolis, MN 55402 612-340-8911 /612-340-8935 /612-340-8982 GREENE ESPEL, P.L.L.P. By Dated: , 2006 Clifford M. Greene (37436) Pamela L. VanderWie1 (305960) Attorneys for Defendant City of Farmington 200 South Sixth Street, Suite 1200 Minneapolis, MN 55402 612-373-0830 1367952-8 2 ORDER Pursuant to the foregoing Stipulation, the above-entitled action is hereby dismissed with prejudice and without cost to any party and judgment may be entered accordingly, subject to all of the terms contained in the foregoing Stipulation and the Settlement Agreement. BY THE COURT: Dated: , 2006 The Honorable Kathryn Davis Messerich, Judge of Dakota County District Court 1367952-8 3 1367952-8 EXHIBIT G Additional Approvals (a) A negative declaration or a positive declaration on the School District's Environmental Assessment Worksheet, and, if necessary, a determination of adequacy on the School District's Environmental Impact Statement; (b) Site Plan approval by the City; (c) Preliminary plat approval by the City (the "Preliminary Plat"); (d) Final plat approval by the City (the "Final Plat"); (e) Issuance by the City of the City's conditional use permit; (f) Issuance by the City of an early grading permit; (g) Issuance by the City of all necessary building permits; (h) Issuance of MCES, MPCA and NPDES permits in connection with sanitary sewer extensions and interceptor connection; (i) Any remaining actions, if any, necessary for implementation of City's prior MUSA approval for the Christensen Property; (j) Issuance of LGU approval confirming absence of wetlands on the Christensen Property; (k) Issuance of driveway permits in connection with high school development on Christensen Property; (1) Waiver of applicable WAC/SAC fees until such time as municipal utilities are extended to the new high school facility on the Christensen Property; (m) Watershed permits; (it) Electrical permit for High School Improvements; (0) plumbing permit for High School Improvements; (P) wetland alteration permits from various agencies (city . watershed, DNR, BSWR, COE etc.); (q) Dakota county highway permits for utility instal1ation.within the County State Aid Highway 50 right of way; and (r) Issuance by the City of a certificate of occupancy, together with such interim partial or temporary certificates of occupancy as may be necessary. EXHIBIT H Joint Public Statement The Farmington School District and the City of Farmington are pleased to announce that they have resolved the lawsuit brought by the School District against the City of Farmington regarding the location, development, and construction of the School District's new high school. As part of the agreement between the parties, the City will initiate an amendment to its Comprehensive Land Use Plan and to its zoning ordinances to allow the new high school to be constructed on the western. perimeter of the city limits, on land commonly referred to as the Christensen property. Construction of the new facility is hoped to be completed in time for the - 2008-09 school year, or as soon thereafter as may be reasonably practicable. In return for the City's accommodation of the School District's request to construct the high school on the Christensen site, the School District has agreed to certain improvements in order to alleviate, as much as possible, the impact of the proposed construction on the City's land use and public infrastructure plans. The agreement includes, among other things, the improvement of Flagstaff Avenue to enhance traffic flow and public safety, a redesign of the 208th Street right of way to benefit the community's east-west traffic corridor, extension of the City's water and sanitary sewer systems for the long term benefit of Farmington, and the construction of a premier high school. The agreement reached between the City and School District has been the result of good faith collaborative discussions between both public entities for the collective benefit of the COIIiII1unity. The City and School District wish to acknowledge the diligent efforts of the other to resolve respectfully sincere differences of opinion and interpretation on a large nwnber of complex issues relating to their respective jurisdictions. The parties recognize that this 2000- student high school is a unique project, and is the largest building to be constructed in Farmington in the foreseeable future. The School District gratefully acknowledges the hard decisions the City has made in considering its request to amend Farmington's Comprehensive Plan. The City and the School Board have worked diligently with each other and their staff, consultants, and mediator to share information and to find acceptable solutions while honoring their statutory and constitutional obligations for the benefit of all the citizens in their respective jurisdictions. The settlement discussions between the parties have also been instrumental in setting the framework for the future partnership between the City and School District so that disagreements can be avoided in the future. These discussions have led the School District to a better appreciation and understanding of the City's statutory responsibilities to formulate municipal land use policies in order to promote the health, safety and welfare of the community. The School District understands that the City's infrastructure requirements are necessary and part of the sound and prudent provision of safe roads, sewer, and water. Similarly, the City has reached a better appreciation and understanding of the School District's statutory responsibilities to plan for, develop and provide public school facilities commensurate with requirements imposed by the State of Minnesota and the School District's educational curriculwn and long term needs. The 1367952-8 City and School District are confident that this mutual understanding will lead to a long, respectful, and productive relationship in the future. 1367952-8 2