HomeMy WebLinkAbout04.14.08 Work Session Packet
City of Farmington
325 Oak Street
Farmington, MN 55024
Mission Statement
Through teamwork and cooperation,
the City of Farmington provides quality
services that preserve our proud past and
foster a promisingfuture.
AGENDA
CITY COUNCIL WORKSHOP
APRIL 14, 2008
6:30 P.M.
CITY COUNCIL CHAMBERS
1. CALL TO ORDER
2. APPROVE AGENDA
3. DISCUSS FAIRHlLL DEVELOPMENT
4. ADJOURN
PUBUC INFORMATION STATEMENT
Council workshops are conducted as an informal work session. all discussions shall be consideredfact-finding, hypothetical and unofficial critical thinking exercises,
which do not reflect an official public position.
Council work session outcomes should not be construed by the attending public and/or reporting media as the articulation of aformal City policy position. Only
official Council action normally taken at a regularly scheduled Council meeting should be considered as aformal expression of the City's position on any given matter.
City of Farmington
325 Oak Street
Farmington, Minnesota
651.463.7111 . Fax 651.463.2591
www.ci.fannington.mn.us
SUBJECT:
M.ayor, C~u~cil Membe,~_ 7"" ,'i"
City Admllllstrator (, ,'\
~' .OV
Tony Wippler, Assistant Ci~ Planner ~~
1) Amendment to the 2020 Comprehensive Plan
2) Preliminary Plat - Fairhill, Phase I
3) Schematic PUD and Master PUD Agreement
TO:
FROM:
DATE:
April 14, 2008
INTRODUCTION / DISCUSSION
On March 3, 2008 the City Council reviewed all ofthe items listed above. However, due to the size and
scope ofthe Fairhill project it was decided that no action be taken on these items until after the Council
discusses them at a workshop.
Included in this packet of information are the following items for Council review at the workshop:
1) Staff report from the March 3,2008 City Council Meeting (Ex. A)
2) Preliminary Plat Phase I (Overall Plan - Ex. B)
3) Schematic PUD / Concept Site Plan (Ex. C)
4) Master PUD Agreement (Ex. D)
5) Proposed Comprehensive Plan Amendment (Ex. E)
A complete set of plans will be made available for review at the workshop on April 14, 2008.
It should be noted that the Master PUD Agreement that is attached to this memorandum has not yet been
reviewed by the owners or developers of the property and is for Council review and discussion only at
this time.
ACTION REOUESTED
None, this information is for review and discussion purposes only. If the items presented are in a form
acceptable to the City Council, staff would suggest that these items be reviewed for approval at the City
Council's regular meeting on April 21, 2008.
~tfUllY submitted,
/61tL1 WI: /\()
Tony Wippler~"t City Planner
Cc: Peter Coyle, Larkin Hoffman Attorneys
Peter Gualtieri, Bridgeland Consulting
f:1:A
City of Farmington
325 Oak Street
Farmington, Minnesota
651.463.7111 . Fax 651.463.2591
www.ci.farmington.mn.us
TO:
Mayor, Council Members,
City Administrator
FROM:
Tony Wippler, Assistant City Planner
SUBJECT:
1) Amendment to the 2020 Comprehensive Plan
2) Preliminary Plat - Fairhill, Phase I
3) Review Schematic PUD
DATE:
March 3, 2008
INTRODUCTION
Newland Communities has applied for a Comprehensive Plan Amendment, Preliminary Plat approval for
Fairhill, Phase I and Schematic PUD.
DISCUSSION
Planning Commission Review
The Planning Commission reviewed the items listed above on February 26,2008. The Commission in an
earlier meeting expressed a concern regarding the overall density of the development and specifically, the
number of forty-five (45') foot wide lots being proposed on the concept site plan. The concern of the
Planning Commission was by approving the concept site plan (Schematic PUD) does that "lock" that
concept plan in place. And by "locking" it in place does that not allow for future flexibility concerning
such things as lot sizes and/or density.
According to the City Attorney, the PUD agreement operates as a contract committing the City to approve
subsequent phases that conform to the master PUD plans.
The Planned Unit Development approval and Agreement, rather than the zoning code provlSlons
regarding lot sizes, density, etc. that are in effect at the time a subsequent development phase is
submitted, will serve as the basis for the City's review and approval process, state law provides that no
changes to official controls may be made for a period of two years from the date of approval. In PUD's
the developer usually seeks to increase that period. In the case of this project, the developer is seeking
protection from unilateral or city imposed changes for a period of twenty years.
The Developer on February 26, 2008 provided City staff and the Planning Commission with a revised
concept site plan (Exhibit A) that reduced the amount of 45 foot wide lots in the development from 331 to
249. In addition, the new concept site plan shows a transition to the 45 foot wide lots on the west side of
the development adjacent to the Meadow Creek Subdivision. This was also an earlier concern of the
Commission. These modifications were enough to make the Planning Commission comfortable with
approving the three items listed above. The Commission recommended approval of the Comprehensive
Plan Amendment, Fairhill Preliminary Plat - Phase I, and the Schematic PUD with a vote of 5-0.
Comprehensive Plan Amendment
Newland Communities is seeking a new comprehensive plan amendment that allows for an adjustment in
the proposed housing mix to respond to the changing market conditions. The major change that has
occurred in this latest amendment is in regard to the amount of Low Density Residential acreage. The
proposed amendment also shows a significant decrease in the amount of acreage being designated as
Low-Medium Density Residential. Approximately 513.2 acres of the entire site is to be designated as
Low Density Residential. The breakdown of acreage for each proposed land use is as follows:
. Mixed Use CommerciaVResidential 29 Acres
. Low Density Residential 513.2 Acres
. Low/Medium Density Residential: 45 Acres
. Medium Density Residential: 120 Acres
. Park/Open Space: 42.3 Acres
. Public/Semi-Public: 5 Acres
. Open Space/ROW/Floodplain 210.5 Acres
The following table indicates the Comprehensive Plan land uses that were approved in 2006 and the
proposed revisions in this submittaVamendment:
Land Use Category
2006 Amendment Acres
Proposed Amendment Acres
Low Density Residential
Low-Medium Density Residential
Medium Density Residential
Mixed Use (CommerciallResidential)
Park and Open Space
Open SpaceIROW/Floodplain
Environmentally Sensitive
Public/Semi-Public
182-192
315-365
156-166
18
72
Not yet determined
137-147
5
513.2
45
120
29
42.3
210.5
NA
5
Fairhill Schematic Planned Unit Development
Draft Planned Unit Development Agreement
Attached for your review and comment is a draft of the PUD Agreement. Staff wants to note that final
consensus on a number of the terms of the agreement have not been finalized and/or agreed upon with the
Developer. However, staff wanted to get the document to the City Council as soon as possible for
preliminary review.
F airhill Booklet
Sheets PUD-OO through PUD-l 7 of the attached packet as well as the enclosed booklet will be addendums
to the PUD Agreement mentioned above for this development and offer the needed information to
approve the schematic PUD.
The Fairhill project aims to supply housing for those individuals, couples, and families seeking entry-
level, move-up, upper bracket and maintenance free housing options. In addition, Fairhill will offer
parks, playfields, protected open spaces, expanded roadway systems and walkable trails through the
development. On page 4.0 of the attached booklet, the developer discusses its planning philosophy
including it pays its own way, provides homes and quality of life opportunities, preserves habitats and
natural resources, and forms partnerships to bridge Farmington's past with its future. Additionally, the
developer discusses community cornerstones on page 4.1, which becomes the cornerstone for the Final
PUD.
The development encompasses 965 acres, of which approximately 732 net acres are reserved for
residential development, and approximately 25.43 acres is reserved for commercial development. The
commercial development will be located at the northwest intersection ofTH 3 and 195th Street (Outlot CC
of Preliminary Plat). It should also be noted that the information center for the development is proposed
to be located on Lot 1, Block 14 of the Preliminary Plat. The total acreages of the PUD are detailed on
Sheet PUD-12. The unit counts have changed slightly with the modification to the revised concept site
plan mentioned earlier in this memo (this change is shown below). Overall, the developer is proposing a
net density of 3.02 - 5.33 dulac, which averages a net of 4.1 dulac, meeting the requirements of the
Metropolitan Council. This density will likely change due to the modifications made in the revised
concept site plan attached as Exhibit A.
The plan unit counts (total for revised concept site plan) are as follows:
45' wide lots:
55' wide lots:
65' wide lots:
75' wide lots:
Multi-family:
Mixed Use:
TOTALS:
249
700
476
226
450-1145
80-200
2181-3869
The revised PUD concept site plan (Exhibit A) meets the Comprehensive Plan (shown on Sheet POD-05)
proposed with this submission. Sheets POD-08 and PUD-09 identify the access and circulation plan for
the Schematic PUD. Highway 3 and 195th Street will be major transportation corridors throughout the
project. A north/south "spine" road will connect the local roads throughout the development.
The Open Space & Amenities Plan shown on Sheet PUD-07 identifies the developer's proposal for parks,
and open space within the development. A revised version of Sheet PUD-07 had been submitted by
Newland Communities to address some previous concerns expressed by the Park and Recreation
Advisory Commission [PRAC]. Randy Distad, Farmington's Parks & Recreation Director, and PRAC
have reviewed and approved the revised Open Space and Amenities Plan. Mr. Distad is recommending
that the City Council approve the acreage and locations of the parks, sidewalks, and trail locations as
shown on revised version of Sheet PUD -07.
The lot width and number of homes for each residential product are shown on Sheet PS-03. The setbacks
being proposed for this development are as follows:
Front: 12'
Side: 6' (interior lot); 12' (corner lot)
Rear: 10'
The proposed lot coverages for this development are as follows:
45' wide lots
55' wide lots
65' wide lots
75' wide lots
50%
45%
40%
35%
In addition, the maximum building height proposed for this development is 45'.
City staff has reviewed the PUD Schematic concept plan and has determined that the proposal meets the
requirements for approval of the Schematic PUD and is consistent with the proposed Comprehensive
Plan.
Fairhill Preliminary Plat. Phase I/Site Plan
The overall Preliminary Plat being proposed by the developer is shown on Sheet PP-Ol of the attached
packet.
The Phase I Plan consists of the existing conditions, plat, grading, streets, utilities and landscaping plan.
Phase I consists of approximately 99 gross acres and the platting of 241 lots with numerous outlots. The
remaining 865 acres of the site will be platted as outlots for future phases.
The 241 residential units in the first phase will include a mix of single-family housing choices, including:
Lot Width
Number of Units
75'
65'
55'
45'
16
49
93
83
The developer is projecting a gross density of 2.44 dwelling units per acre and a net density for the first
phase of 2.64 dwelling units per acre. Phase I consists of the construction of 195th Street, a portion of the
main north/south parkway and a number of local roads and cul-de-sacs.
The Preliminary Planting Plan for phase I is shown on Sheets PL-O 1 and PL-02. The developer is
proposing the installation of boulevard trees with this development. The City has determined that the
developer/Home Owner Association [HOA] will be responsible for all boulevard trees in this
development. The responsibility includes the installation, maintenance, and replacement of any
boulevard trees. This is a major deviation from the City's current boulevard tree policy and the
responsibility of the trees by the developer will be included in the PUD Agreement.
Conditions to approval of Preliminary Plat
Currently, the proposed community park in the southwest corner of development is entirely encompassed
within one large outlot (Outlot G of the Preliminary Plat). However, City staffwill require as a condition
of approval that the community park area be separated out into an outlot by itself. In addition, an outlot
will be required for the portion of Diamond Path Road that extends north from 195th Street through the
community park to the point of intersection with the southerly extension of 189th Street. Lastly, the City
will require as a condition of approval the outlotting of approximately one (1) acre of land for the water
tower site (which is currently within the proposed Outlot C). These modifications will need to be shown
on the Final Plat for phase I when submitted for review.
Suggested Review Timeline
Due to the size of this project and the amount of information presented to the City Council, staff is
suggesting that no action be taken tonight on these items. A suggested timeline for review would be as
follows:
3/3/08
4/14/08
4/21/08
Informational discussion
City Council Workshop to discuss the development and PUD agreement
City Council action on Pre plat, Comp Plan Amendment, and PUD
ACTION REQUESTED
For informational purposes only.
Respectfully Submitted,
Tony Wippler, Assistant City Planner
Cc: Shelly White, Newland Communities
Peter Gualtieri, Bridgeland Consulting
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ex. v
CITY OF FARMINGTON PLANNED UNIT DEVELOPMENT CONTRACT
FOR FAIRlDLL PROJECT
THIS PLANNED UNIT DEVELOPMENT CONTRACT ("PUD CONTRACT"), made
and entered into and effective on this _ day of
, 2008, by and among the
City of Farmington, a Minnesota municipal corporation, hereinafter referred to as the "CITY,"
and f\stra Genstar Partnership~..k~, a Minnesota limited liabilitY_p'artnershin,-hereinafterl
referred to as the "DEVELOPER," and Fred M. Seed Living Trust of 19791 as more fully
identified on the attached Exhibit H and hereinafter referred to as the "OWNER." Subject to the
terms and conditions of this PUD CONTRACT, and in reliance upon the representations,
warranties and covenants of the parties herein contained, the CITY, the OWNER and the
DEVELOPER hereby agree as follows:
ARTICLE I.
RECITALS
1.1) The DEVELOPER has applied to the CITY for COMPREHENSIVE PLAN
AMENDMENT, preliminary plat and preliminary development plan approval of the SUBJECT
PROPERTY in accord with the PUD PLANS for the F AIRHILL PROJECT.
1.2) The DEVELOPER has applied to the CITY for a PUD zoning designation and
application of the PUD ORDINANCE to the SUBJECT PROPERTY. The SUBJECT
PROPERTY legal description is attached as Exhibit A.
130712\'08
] .3) In conjunction with the granting of these approvals, the CITY requires the
dedication, installation and/or availability of various streets, utilities, trails, ponds, parks, and
other facilities.
].4) Under authority granted to it, including Minnesota Statutes, Chapters 412, 429
and 462, the COUNCIL has approved the COMP PLAN AMENDMENT PRELIMINARY
PLAT and PUD PLANS for the SUBJECT PROPERTY and is rezoning the SUBJECT
PROPERTY to the PUD ORDINANCE on condition that the DEVELOPER and OWNER enter
into this PUD CONTRACT, which contract addresses the development parameters of the COMP
PLAN AMENDMENT, the concept site plan, preliminary development plan, the
PRELIMINARY PLAT, and the other PUD PLANS and the zoning designation under the PUD
ORDINANCE for the SUBJECT PROPERTY and further defines the work which the
DEVELOPER shall undertake to complete within the boundaries of the SUBJECT PROPERTY.
].5) The CITY adopted the final Alternative Urban Area Review ("AUAR") for the
SUBJECT PROPERTY pursuant to Minnesota Rules, Section 44] 0.36] 0 in January 2004; an
updated AUAR was accepted by the CITY on August 2], 2006.
1.6) The DEVELOPER holds an ownership interest in all of the SUBJECT
PROPERTY, either by means of being the fee owner or by means of being a contract vendee, or
pursuant to a purchase agreement.
] .7) The OWNER of the SUBJECT PROPERTY, jointly and severally, agrees to the
regulatory controls and the restrictions on DEVELOPMENT that are imposed by this PUD
CONTRACT. The OWNER acknowledges and understands that this PUD CONTRACT
imposes restrictions and obligations on the DEVELOPMENT of the SUBJECT PROPERTY as a
whole and accepts such restrictions. Notwithstanding the foregoing, the obligations of the
DEVELOPER are not those of the OWNER, unless the OWNER engages in DEVELOPMENT.
] .8) The DEVELOPER, the OWNER and the CITY intend that the SUBJECT
PROPERTY will be developed and used as the FAIRHILL PROJECT in accordance with the
PUD CONTROLS.
] .9) The SUBJECT PROPERTY comprises approximately ~ acres. The SUBJECT
PROPERTY will be developed in stages or phases so that each stage or phase will be in accord
with the PUD CONTROLS including the DEVELOPMENT CONTRACT for each phase or
stage. The stages or phases will be determined by the DEVELOPER, consistent with the PUD
CONTROLS. For purposes of ca]culating fees for the F AIRHILL PROJECT, net acreage shall
be determined based on the provisions of City. Code, resolutions and p,olicies in effect at the time
bfaP.l~lication for CITY ap.2I..o~l~ The breakdown of the land area to determine net acreage
under current City ordinances is described on Exhibit B.
].] 0) The SUBJECT PROPERTY will be final platted, with PHASE] platted in lots
and blocks as shown in the Preliminary Plat-Phase] (PP 0]), and the remainder in outlots. The
outlots will be later submitted in phases for PRELIM]NARY and F]NAL PLAT approval into
lots and blocks. When PHASES or portions or combination of PHASES are ready for
development, consideration will be given to the FINAL PLAT and FINAL PLAT PLANS for
those particular portions in accordance with the PUD CONTROLS. Nothing contained in this
13071 2v08
PUD CONTRACT is deemed a FINAL PLAT approval for any of the PHASES at this time.
Notwithstanding that FINAL PLAT approval will be staged commensurate with the timing of the
DEVELOPMENT of the individual PHASES, the parties understand and agree that by this PUD
CONTRACT, the CITY is granting a PUD zoning designation pursuant to the PUD
ORDINANCE for the SUBJECT PROPERTY and is approving certain PUD PLANS referenced
herein. The parties acknowledge and agree that the PUD PLANS will have to be supplemented
and refined and FINAL PLAT PLANS prepared to receive CITY approval before any
DEVELOPMENT can occur on particular PHASES. The parties understand, agree, and intend
that the FINAL PLAT PLANS shall be controlled by the PUD PLAN, including the PUD
CONTROLS.
1.11) The DEVELOPER, CITY and OWNER agree to comply with the PUD
CONTROLS for a oeriod oftwentv (20) vears. Subject to performance by the DEVELOPER
and OWNER, the CITY will allow DEVELOPMENT on the SUBJECT PROPERTY in accord
with the PUD CONTROLS, and any amendments thereto mutually agreed to by the parties.
ARTICLE 2.
PUD ZONING
2.1) PUD ORDINANCE - FINDINGS. The COUNCIL finds that the SUBJECT
PROPERTY should be and is hereby rezoned pursuant to the PUD ORDINANCE. The
COUNCIL finds that such rezoning accomplishes the following:
(aa) Provides the means for greater creativity and flexibility and environmental design
than is provided for under the strict application of the existing zoning code while at the
same time preserving the health, safety, order, convenience, prosperity and general
welfare of the CITY and its inhabitants;
(bb) Functions as a catalyst in assisting resolution of transportation issues by
facilitating the preservation of four-lane right-of-way and initiating construction of a two-
lane extension of I 95th Street, with a bridge, connecting the west side of the CITY to TH
3 and by the DEVELOPER'S reserving right-of-way for the possible future construction
of Diamond Path through the SUBJECT PROPERTY, all pursuant to long-term
transportation policies and plans of the City and County;
(cc) Functions as a catalyst in assisting resolution of park facility issues by preserving
42 acres in the southwest comer of the SUBJECT PROPERTY for CITY construction of
youth ball fields, while also reserving adjacent property for potential CITY purchase;
(dd) Encourages a creative and efficient approach to the use ofland by concentrating
the majority of development on upland areas east of North Creek and the railroad tracks
and away from wetlands, steep slopes and adjacent open space;
(ee) Encourages the preservation and enhancement of desirable land characteristics
and open space especially through the retention and enhancement of wetlands, woodlands
and open space adjacent to North Creek, a tributary to the Vermillion River, through the
protection of steep slopes, and by the construction of approximately five miles of public
trails connecting to existing CITY trails;
l30712vO.8
(ff) Mixes lifecycle housing and a neighborhood commercial area, with active and
passive public and private parks, connected by a substantial network of public trails, all
surrounding a community park in the middle of the SUBJECT PROPERTY; and
(gg) Encourages an integrated development pattern and a harmony with the land use,
density, transportation facilities and community objectives ofthe COMP PLAN.
2.2) DEVELOPMENT AND LAND USE The land use of the SUBJECT
PROPERTY shall be in accord with the COMP PLAN AMENDMENT, PUD ORDINANCE and
PUD PLANS. Unless the COUNCIL by separate action approves otherwise, no
DEVELOPMENT or use shall occur on any PHASE, until the PRELIMINARY or FINAL PLAT
PLANS for that PHASE have been approved by the COUNCIL. PRELIMINARY or FINAL
PLAT PLANS reasonably. consistent with the COMP PLAN AMENDMENT and PUD PLANS
will be approved by the COUNCIL. The list ofpUD PLANS are attached as Exhibit C and
incorporated herein by reference.
2.3) DENSITY. The PUD PLANS for each PHASE may reflect different densities J
provided overall density for the SUBJECT PROPERTY shall be in accord with the COMP~
PLAN AMENDMENT, and PUD ORDINANCE. SRecific land area densities will be as set fortH
in the attached Exhibit D~
2.4) RESTRICTIVE COVENANTS. Prior to the FINAL PLAT approval for any
PHASE or combination of PHASES, the DEVElOPER shall submit model deed restrictions,
~ovenants, agreements, bylaws and a proposed homeowner's association or other documents or
~ontracts controlling the use and maintenance of the land within the particular PHASE, These
documents shall be subject to the review of the CITY Attomeyjhe documents shall provide fO;
ti) architectural design and exterior materials guidelines; (ii) maintenance of the private p,ark and
pther private facilities by the association; (iii) maintenance of private streets, trees and5
landscaping in center islands, medians, and boulevard areas on public or private streets and
~ommon areas, and other designated areas. The documents shall also insure the continu~.9
baintenance of private facilities and common areas, ifany, within each PHASE by the
DEVELOPER or the established homeowners association and shall be recorded with the FINAL
I
PLAT. The Developer shall maintain and display in a prominent location at any model home or
bles office within the F AIRHILLS PROJECT the deed restrictions, covenants, agreements,
bylaws and homeowners association or other documents or contracts controllingJhe use and
lnaintenance of the land within the p,articular PHASE~
2.5) CHANGE OF ZONING. The SUBJECT PROPERTY is intended to be
developed as an overall integrated, unified, and planned unit development pursuant to the COMP
PLAN AMENDMENT and PUD CONTROLS. Subject to Article 6 of this PUD CONTRACT,
no change in zoning shall affect the SUBJECT PROPERTY during the term of the PUD
CONTRACT unless agreed to by the parties.
\307l)v08
PUD PLANS
2.6) APPROV AL OF PUD PLANS. The CITY hereby approves the PUD PLANS.
2.7) PUD PLANS CONTROL DEVELOPMENT. DEVELOPMENT on the
SUBJECT PROPERTY shall conform to the PUD PLANS and FINAL PLAT PLANS. pesiguJ
standards for single family and multi-family dwellings are shown on Exhibit E. These desiglli
ktandards confirm minimum lot !YRes with develoRment reguirements!
2.8) PUD CONTROLS. The DEVELOPER and CITY agree to comply with the PUD
CONTROLS and amendments thereto. Subject to performance by the OWNER and
DEVELOPER, the CITY agrees to allow DEVELOPMENf on the SUBJECT PROPERTY in
accord with the PUD CONTROLS and PUD PLANS, and amendments thereto;
ARTICLE 3.
PRELIMINARY AND FINAL PLAT, PHASE I
~. I) DURA nON OF PRELIMINARY PLAT APPROVAL. Notwithstanding anyL....,
pther law, regulation or ordinance to the contrary, approval of a preliminary plat for Phase 1 shall
~e valid for five years, and approval of a preliminarY_Rlat for a subsem!~!!.tRhase or stage shall bJ
Nalid for two y'ears from the date of almrovalr--
3.2) APPROV AL OF PHASE I PRELIMINARY PLAT. Subject to the terms and
conditions ofthis PUD CONTRACT and subject to conformance with the other PUD PLANS,
the CITY hereby approves the PRELIMINARY PLAT with respect to PHASE I. The FINAL
PLAT for PHASE] shall conform to the requirements of the PUD CONTROLS.
Notwithstanding the current design of the PRELIMINARY PLAT, the DEVELOPER may
submit a FINAL PLAT for PHASE] encompassing solely the right-of-way for the extension of
] 95th Street and construction of the roundabout at TH 3.
3.3) FINAL PLAT, PHASE] RECORDING. The FINAL PLAT for PHASE 1 shall
be recorded no later than six months after the OWNER conveys to the DEVELOPER property
depicted on Exhibit =' The DEVELOPER shall, in turn, dedicate for public purposes, including"
right-of-way, public utilities or public parks or trails that portion of the FINAL PLAT for
PHASE 1 depicted as such, retaining for development purposes that portion not dedicated for
public purposes.
ARTICLE 4.
RELATIONSHIP OF PUD PLANS TO FINAL PLAT PLANS AND FINAL PLATS
4.1) PHASING. Final platting of the SUBJECT PROPERTY shall occur in PHASES.
130712v08
4.2) FINAL PLATS. Grading and installation of public utilities on the entire
SUBJECT PROPERTY may be permitted, at the DEVELOPER'S risk, upon approval of the
PRELIMINARY PLAT, subject to review and approval by the CITY Engineer of final grading
and utility plans, and at the discretion of the CITY Engineer. No other DEVELOPMENT will
occur on any PHASE until the COUNCIL approves the FINAL PLAT for that PHASE and the
FINAL PLAT is recorded with the COUNTY. "he DEVELOPER and OWNER shall record the!
FINAL PLAT for each PHASE within six months after signature on the FINAL PLAT by aliI
~ignatories required by Minnesota law. The DEVELOPMENT CONTRACT for each suchl
PHASE shall also be executed after PRELIMINARY PLAT approval and before FINAL PLATI
hpproval!
4.3) RELATIONSHIP OF PUD PLANS TO FINAL PLAT. The COUNCIL shall
approve FINAL PLAT PLANS, including the DEVELOPMENT CONTRACT for each PHASE,
that conform to the PUD CONTRACT and PUD PLANS.
4.4) INCONSISTENCY AMONG PUD CONTROLS To the extent an inconsistency
or conflict exists among the PUD CONTROLS, the following documents in descending order
shall govern:
(a) FINAL PLAT PLANS
(b) PUD CONTRACT
(c) PUD PLANS
(d) PUD ORDINANCE
(e) ZONING ORDINANCE
(f) SUBDIVISION ORDINANCE.
ARTICLE 5.
RELATIONSHIP OF PUD CONTRACT TO SUBJECT PROPERlY
5. I ) RELATIONSHIP OF PUD CONTRACT TO SUBJECT PROPERTY. This PUD
CONTRACT applies to and runs with the SUBJECT PROPERTY. This PUD CONTRACT
does not apply to real property outside ofthe SUBJECT PROPERTY.
5.2) CHANGE OF ORDINANCES. The COUNCIL finds that the F AIRHILL
PROJECT is a planned and staged development within the meaning of Minn. Stat. ~ 462.358,
subd.3(c). Pursuant to Minn. Stat. ~ 462.358, subd. 3(c), the CITY agrees that if the following
conditions are being met:
(a) DEVELOPER is not in materialPEF AUL T under this PUD CONTRACT;
(b) DEVELOPER has either a fee title interest, optionee, or a contract purchaser-
vendee interest in the PHASE;
130712v08
then for twentv (20) years from the date of this PUD CONTRACT with respect to the SUBJECT
PROPERTY, the CITY will not, without the consent ofthe DEVELOPER, apply any changes to
the City Code provisions with respect to the following:
(a) permitted, conditional and accessory uses;
(b) development density;
(c) lot size;
(d) lot layout, coverage, depth or width;
(e) building setbacks;
(t) street, other right-of-way, or utility dedication requirements;
(g) park dedication requirements or fees in lieu thereof; or
(h) platting requirements, including the timing of phases or stages
If the DEVELOPER requests a change to the PUD CONTROLS for a specific PHASE and the
CITY grants the change, then the above restrictions do not apply for that PHASE. Except as
provided above. fees for each PHASE shall be calculated using the Citv fee ordinance in effect at
the time of approval for that PHASE.
After the last day of the twentieth (20) year from the date of execution of this PUD
CONTRACT, the CITY may, with notice as required bv law to the DEVELOPER or OWNER,
change the PUD ORDINANCE and other platting and zoning provisions with respect to the
above matters and this PUD CONTRACT shall automatically terminate.
5.3) CHANGE OF PUD CONTRACT AND DEVELOPMENT CONTRACT The
CITY and the DEVELOPER of any respective PHASE may mutually agree to change this PUD
CONTRACT and the DEVELOPMENT CONTRACT fora particular PHASE.
ARTICLE 6.
STREETS
6.1) DEDICATION OF STREETS. The Roadway Typology Plan (PUD~ shows
the street system within the SUBJECT PROPERTY that will serve the F AIRHILL PROJECT.
All such streets shall be dedicated to the CITY upon the recording of the FINAL PLAT for each
PHASE.
(ll) 195th Street Construction: The DEVELOPER shall dedicate 150 foot right-ofL
ray for I 95th Street with the FINAL PLAT for PHASE 1~ The City will construct
the INITIAL I 95th STREET IMPROVEMENTS and specially assess the
FmVELOPER's share o(c.Qsts relating to the construction as discussed below in
Section 7.81
130712v08
Notwithstanding its dedication, the DEVELOPER, at its own cost and risk ofloss, shall
be allowed to plant temporary landscaping materials in the right-of-way for the future
phase of 195th Street, upon review and approval of the landscaping plan by the CITY.
All maintenance costs relating to such temporary landscape plantings shall be borne by
the DEVELOPER and it shall retain full ownership and control of such planting~The
CITY will use its best efforts to include suitable fill from the SUBJECT PROPERTY in
ihe bid sRecifications for INITIAL 195tl1 STREET IMPROVEMENTS.
The DEVELOPER and CITY will consult regarding the schedule relating to 195th Street
construction. The City will oversee such construction to ensure timely completion.
(Q).--,The CITY will construct and pay for the extension of Deerbrooke Path and public
trails from Mystic Meadows to the intersection with 195th Street as part of the
fonstruction of 1951h Street.p~m-9n~ P~tt Ih~ D'pV_E~9~E~ ~Ilyol b~_ _ --( Deleted: ~
required to dedicate right of way for the extension of Diamond Path, north of its
connection to the extension of 195th Street as part of the FINAL PLAT for
4
pHASE 1._ A potential right-of-way corridor has been identified on the COMP
PLAN AMENDMENT and PUD PLANS. Ifbuilt, the DEVELOPER will not
~ontribute to the cost of construction of Diamond Path, either directly or through
~pecial assessment unless a specific PHASE proposes the access to be constructed
pr the imp,rovement can be assessed based o,n.benefit p,rovided under M.S. S
i1-29.081.1
r~) --.JTH 3: The DEVELOPER will dedicate right-of-way for turn lanes on TH 3.
Access control for TH 3 will be provided with the FINAL PLAT for each
PHASE, tied to approval of access to the SUBJECT PROPERTY from TH 3. The
CITY will cooperate with the DEVELOPER to secure access to the SUBJECT
PROPERTY as shown on the PUD PLANS. Whe DEVELOPER shall contributel
iXX%. up to a maximum of$ , for construction of the Hwv 3 Roundaboutsl
Need cost shadne: lane:uae:e
6.2) PLANS. Street layout and right-of-way widths shall conform to the Roadway
Typology Plans.
6.3) TESTING. Prior to FINAL PLAT approval for any particular PHASE, the
DEVELOPER shall provide such soil borings, final road designs, typical pavement sections and
grading quantities for the roadway serving abutting or connecting to the PHASE as may
reasonably be required by the CITY Engineer.
6.4) GRADING STREETS. The DEVELOPER shall grade all public streets,
boulevards, and driveways within each PHASE to CITY approved grades and cross-sections in
accordance with the PUD PLANS and DEVELOPMENT CONTRACT for sum PHASE.
6.5) STREET SIGNS. The DEVELOPER shall be financially responsible for the
installation of street identification signs and non-mechanical and non-electrical traffic control
signs within the SUBJECT PROPERTY consistent with standard City engineering detail plates
lJ07l2v08
6.8) CONSTRUCTION, TIMING AND FINANCIAL ASSURANCE. The
DEVELOPER shall, at its expense, commence and complete construction of the streets within
each PHASE by the schedule in the DEVELOPMENT CONTRACT for such PHASE. The
CITY shall make every reasonable effort to begin construction onhe INITIAL 195 TH STREET
IMPROVEMpNTS by J~ e~u!.e !tta~..th~ ~EY:E!:OJ>~ ~as~cE.e~ t~ t~L _ _ _ - Formatted: Font color: Auto,
SUBJEC.T PROPERTY, and to complete the construction not later-than November I. 20101~ _ =" " " Highlight
\ \\ Formatted: No underline, Font
\ \ \ color: Auto, Highlight
\ \ ~ Formatted: Highlight
\ Formatted: Highlight
Formatted: Not Strikethrough
for all public streets and as proposed by the DEVELOPER and approved by the CITY for all
private streets.
6.6) BOULEV ARD AND AREA RESTORATION With respect to streets within
each PHASE, the DEVELOPER shall lay cultured sod in the boulevards as required by the
DEVELOPMENT CONTRACT for the PHASE.
6.7) SUBDIVISION MONUMENTS. At the time of FINAL PLAT, the
DEVELOPER, at its own expense, shall install all subdivision or plat monuments required by
law or reasonably required by the CITY, including but not limited to lot monuments and buffer
signs.
The CITY shall assess percent L%) of the costs of constructing the
bridge and first two lanes of 195th Street on the SUBJECT PROPERTY.. Such costs to include
eXCayalloO Qfroa9bed and drainaJ,te qceas, as weJl as installation ofutilitie~ drainaReJrnils and
roadwav surface improvements. all as detailed in the Feasibilitv Stud v for 195th Street dated
. The CITY will issue 15 year Reneral obliKation imm;oveme.nt bon~ursy~
Minnesota Statutes. Chapter 429 to finance the INITIAL 195TH STREET IMPROVEMENTS.
rhti:.LTY currently estimates thaLthe INITIAL 195TH STREET IMPROVEMENTS will cost
$ . The CITY will. in coniunction with Dakota Countv pursuant to the
J..QI~LI~Q.~.E.R~GREEMENT. tillV % of the cost of the INITIAL I 95TH STREET
IMPROVEMENTS and will soeciallv assess % of the costs of the INITIAL 195T11 STREET
LMPRQYJ::ME1"LTS_ngainsUhe...s...UB1ECT PROPERTY. The special assessments to be levied as
des.crib.e..d.he12w...w.lll12e.J2ilyable in installments over a term of] 0.5 vears with interest at ~
~qual to the r<U.e~ITY i,,?_Q.b.U..R~d to ~~e Reneral obligation improvement bonds
referem:ed.io.this Se.ctiQo.J.8,.Rlus...5...ba.sis points, Pa..Yment of special assessments from.the
DEVELOPER will be 4~ferred. with no interest accrual until the COUNTY completes payment
of its cost share relating to the I.NITIAL 195T11 STREET IMPR.OVEMENTS, estimated to be 4.5
years. Thereafter, the DEVELOPER shall be obligated to make payments on a per-lot basis over
10.5 years. The CITY agrees to include an administrative charge of not more than one half of
one percent (0.5%) within the amount to be assessed.J[he DEVELOPER will not be required to
post a letter of credit or any other type of securityJor the costs relating to the constru,c,lLon of the
:INITIAL 19STH STREET IMPROVEMENTS!
The DEVELOPER hereby consents to an assessment bv the CITY in an amount equal to
$.__...__-LQuuch final amount d.etermined.J2)'Jhe CITY'S Fina.nce DirectQrLaRainst tbe
SUBJECT PROPERTY (to be allocated among lots and outlots in the FINAL PLAT). pursuant
to MLnn..e.silla.-Slatutes Chanter 429 and waives anv and all procedural and substantive obiectiillls
to a special assessmellt.iluhat amount. including. but not limited to. notice and hearing
re.Quirements, claims.Jhat tbe SUBJECT PROPERTY, or an~arUhereoCdoes not re~~_
benefit from the INITIAL 19STH STREET IMPROVEMENTS. claims that the assessment is not
I J0712v08
Formatted: O{Os, No bullets or
numbering
uniform upon the same classes of property and cl<!i.m.U1lilt th~ n!ll.Q1ll1t QLlheJllle_dllL1.s.s..e.:iSI1~
allocated tQ.<!ny lot or outlot excee~s the b.enefil to..such lQJ..QLQJltlQt,.Jd-EYEl.QEEKalsQ$ai.Ye.s...
any appeal rights otherwise available pursuant to Minnesota Stllt.l.!t~~~ti.Qn 42,2..1L8.1~i1~
ricllt.s...available under the CITY Ordinanc~he cQJlS..~J.:umd Wil.j~\d:.~~~J.t9J1lLin IhJ~~eS!.i9.!J-
7.8 run with title to the SUBJECT PROPERTY and are bindiniUlliJhU)EVE.L.QEE.R...a.lld...ils..
suc<;;~r.s and assi~. The.CITY does not intend tQ...le.Yy.the slle.ci\.lLasse.SSHl~Jl\..JjntjUhe
FINAL PLAT is anproved. Until the CITY levies the special assessment..Jhe.....s~.ill.lJlssessIlLe.nt
constitutes a nendin~ecial assessment. On~e the CITY levi~lLe..sm,sinLils.se.s.sm.en.!'"
DEVELOPER mu.st.pav the installments ofsp.ecial l\.sse.s.smenLcertified..fQJ.paynleDt wjth annual
real estate taxes when and as they become due. but not u.f1til the (Q\,JNTY cOI11RW~[Jayment of
its...cQ.s~as...des.cribed above. URon the recordil}l! of the FINAf..,P-LAT the.R,en.d.ing~.p~ciaL
assessment desGribed in this Section 7.8 will be allocated among the lots and ~uJl.Q1s...a...s...
delermined..ln:: the CITY'S Fin.ance Director. If the Gillll of the INITIAL 1951 I S1REET
IMPROVEMENTS is greater than anticipated. the CITY reserves the right to levy an assessment
.LD a greatef.Jlmount Qr lev)' supplemental a~ents Rursuant to Minnesota SlatuJes, Se.ctiQn_
429.071. but the DEVELOPER has not. in any way. consented or agreed to an a~ment in an
~1lliWJ]l,~.ater th<!n_.~ or to sUlmlementaI as.sessments...QL.illlived ilJ1Yd!lmeal
rights with respect to an assessment in an amount greater than $ or to suwlemental
ass.~s.sments~
The CITY will not assess the DEVELOPER.J:lll.Y oftl1.e~stHela.ting.19 the 195 TH. _
s.I.R..EET IMPROVEMENTS. other than those specified herein regarding the INITIAL I 95TH
STREE.IJMP-.RQVEMENTS~ The City may assess successors and assigns for the construction
of subsequent improvements to 19:h Street consistent with state law and city 2.olicies. _ _ _ ..../ /
Under Minnesota Statutes. Chapter 429. the CITY may cause the amounts assessed
llgainsUhe SUB.JECT PROPERTY to be Rayable in a single instalh:nent or in eQ!J.<!L.a!JllUaL
installments extending over a period not to exceed 30 Years. The CITY will make the special
!l,~A,~~lIl~nLde~,crih~ in this Section 7.8 Ra)'able in annual installments extending~er the 10.5
YlilirsJ.n.J;.Qnsideration for this PUD CONTRACT to pay the entire. uncertified balance of the
~ssessJ.nentJe.Yie..dp..uJ.suant t.o this Section 7.8 against any-Jot or outlotillhetber..sJ!ch lot or outlot
~ill.ale..dJnJ11e FINAL PLAT or is created as a result ofa subseauent subdivision ofa.lLoul.
p~Q[tI.Q.ILQL~Q1!ll.Q.t....cKated in the FINAL PLAT or subseQ\.I~t for a PHASE) ugon tbe
s.s1..l.e or other trnnsfe.rJincluding. but not limited to. the conveyance of equitable ownership
llurs.uanUQ..a..Co..nlm.c.Lfuu.l.eed) ofthatJo.t or outlot. If the DEVELQPER conVeY~ oLotherwise
tralls.fer.s..Qw!J.eIshiR_Qfa..lo.t.o.LOJ.ltM..sub ie.c.l.to.Jhe..assess.mellLd~scIib.ed_i.!l.this...S.~GtiQ.n_'L.8..
Q~.fQre th~""cLTYJ~yies!I!e asses.smeQt. the DEVELOPER must ~scro~. the portion of the
p3.~!ldjng~p_e.cl!lLiJ.~~s.s...ment attributable to that lot or outlot with the CJ.IY....or with a ti.tle
inSJllil!J~....co.mW!!1YJ"easonablv accentable to the CITY to provide for the payment of the special
i!~s..e.ssment..attrib.IJJable..to that lot or outlot when the CITY levies tbe spe.Gial asse.s.~nlent~a.nd the
l2lJJ:chaser must. in.Jhe escrow agreement. acknowledge and agree that it is subiect to and bound
!JY..tbx~Qns.e.nt~and waivers describ~d in this Section 7.8. If the DEVELOPER elec..\s \.Q....escrow
the....fulli!~lLll title insurance comDanv. the CITY must be a party to the escrow agreemen~ _ ..../
6.9 SEAL COATING. The DEVELOPER will deposit funds for seal coating Qf.
fi~gi9Jlte.d..slrs;,ets.. witlLe.<l.dLPHASl;.consistent with the CITY 2..olicy in effect at the time of the
FINAL PLAT for that PHASE.
130712vO~
_ -{ Deleted: Q~ccessors or assi~
.1 Formatted: Superscript
.... -::::. -{ Formatted: .5/0s
'i Formatted: Bullets and Numbering
-1 Deleted: ,
/
_ - Deleted: JlII..Jl...hailthaW.DlQPMlilmllL
tll.lhl:.fundin" contrilrutill.tLfuuslablisM.d
nehthborhoods of the CITY. butin any
~.~ater than50%ofsll~
ARTICLE 7.
UTILITIES
7.1) INSTALLATION OF UTILITIES WITHIN THE PHASE Th.e !?E"y~LQP~R_ _ _ -{ Deleted: I
shall be responsible for installation and construction of sewer and water lateral lines and services
within each PHASE to serve the DEVELOPMENT therein. The DEVELOPER may sell, convey
or otherwise assign its rights to a third party for a phase or stage, with approval ofthe CITY,
provided such third party assumes responsibility in writing for the obligations in this section and
other conditions of the CITY.
7.2) STANDARDS. The sewer and water lateral and service utilities shall be
constructed by the DEVELOPER within each PHASE according to the standards in the PUD
PLANS and as approved by the CITY Engineer.
7.3) TIMING. The utilities shall be completed by the dates established in the
applicable DEVELOPMENT CONTRACT for each PHASE
Formatted: 0105, No bullets or
numbering
7.4) FINANCIAL ASSURANCE. The DEVELOPER shall post the financial .. - -{ Formatted: Bullets and Numbering
assurance required by the DEVELOPMENT CONTRACT for each PHASE, not to exceed 125%
of the estimated cost of the improvements within each PHASE as determined between the City
Engineer and DEVELOPER.
7.5) TRUNK SANITARY SEWER AND W A TERMAIN.
(a) DEVELOPER shall cooperate with the CITY in the planning, design and
construction of trunk sanitary sewer lines and watermains with sufficient capacity
to receive all sanitary sewer flow from the entire DEVELOPMENT, and to
provide sufficient water supplies to the entire DEVELOPMENT, plus additional
capacity to service other areas of the CITY.
(Q) The CITY shall, consistent with City fee ordinances in effect at the time on
fINAL PLAT of each PHASE, impose a trunk water main fee but will credit the
DEVELOPER that portion of the cost of construction of trunk sanitary sewer and
I.vatermains attributable to the capacity exceeding that necessary to serve the
I
DEVELOPMENT. Since the DEVELOPER is constructing all trunk facilities
hecessary to serve the entire DEVELOPMENT, no trunk sanitary sewer fee no~
~ity Sewer Availability Charge (SAC) will be imposed against the SUBJECT
PROPERTY. All fees and charges by the Metropolitan Council Environmental
Services or other state agency will be charged!
ARTICLE 8.
STORM SEWER
8.1) STORM SEWER PLAN. DEVELOPMENT on the SUBJECT PROPERTY shall
conform with the DRAINAGE PLAN and UTILITY PLAN as approved by the CITY Engineer.
J 30712\'08
8.2) TIMING. The storm sewer improvements shall be constructed by the dates
established in the illJpIicable DEVELOPMENT CONTRACT. Dedication of storm sewer
improvements will occur at the same time as CITY acceptance of public street and utility
improvements. Subsequent to dedication, maintenance of storm sewer improvements shall be
the responsibility of the CITY.
8.3) RESPONSIBILITY FOR CONSTRUCTION. The DEVELOPER is responsible,
at its own expense, for construction of the on-site storm sewer improvements. Financial
assurance shall be posted as required by the DEVELOPMENT CONTRACT for each PHASE.
The DEVELOPER may sell, conveyor otherwise assign its rights to a third party for a phase or
stage, with approval of the CITY, provided such third party assumes responsibility in writing for
the obligations in this section.
8.4) SURFACE WATER MANAGEMENT FEE. Based on the cost of actual
~ments made within the SUBJECT PROPERTY, including DEVELOPER's voluntary.
financial contribution of$100,000 to the stream re-meandering project within the SUBJECT
PROPERTY, the CITY shall provide a credit against or waive surface water management fees to
~he DEVELOPER for the construction of storm sewer improvements within the SUBJECT
rROPERTY. No additional surface water management fee will be imp.osed against the
SUBJECT PROPERTY!
ARTICLE 9.
GRADING - DRAINAGE
9.1) GRADING AND DRAINAGE PLAN DEVELOPMENT on the SUBJECT
PROPERTY shall conform with the GRADING PLAN approved by the CITY Engineer.
9.2) TIMING. The grading improvements shall be commenced and completed by the
dates established in the applicable DEVELOPMENT CONTRACT.
9.3) RESPONSIBILITY FOR CONSTRUCTION. The DEVELOPER is responsible,
at its own expense, for construction of the on-site grading and drainage improvements. Financial
assurance shall be posted as required by the DEVELOPMENT CONTRACT for each PHASE.
The DEVELOPER shall receive a credit from the CITY for grading and drainage improvements
which are required by the CITY to accommodate drainage from outside the SUBJECT
PROPERTY. The DEVELOPER may sell, conveyor otherwise assign its rights to a third party
for a PHASE with approval of the CITY, provided such third party assumes responsibility in
writing for the obligations in this section and other conditions required by the CITY.
9.4) PREPARATION OF FINAL GRADING PLANS. Prior to FINAL PLAT
approval for any PHASE, the DEVELOPER shall submit overall detailed grading plans and a
narrative which addresses how grading for utility, road and individual PHASE DEVELOPMENT
will occur. These detailed grading plans, once approved, shall form a part of the FINAL PLAT
PLANS. Included in the plans and text shall be an overall erosion control plan which addresses
erosion control and protection of surface water quality. There shall be no permits issued for
grading of any portion of a PHASE until the detailed grading plans which include erosion control
for the area to be graded have been reviewed and a~proved by the CITY Engineer. ~
DEVELOPER may, obtain building.p'ermits for its model village units based up,on installation ofi
1301J 2v08
Class 5 road materials, lot specific erosion control ana measures for protecting surface water
huality, fire protection. and water service to the requested model units. Models may not be sold
br occupied until full water, sewer and other utilities are provided to the models and road and
bther imQrovements are constructed as reguired in the DEVELOPMENT AGREEMENT for that
PHASE!
ARTICLE 10.
WETLANDS
10.1) WETLAND. DEVELOPMENT on the SUBJECT PROPERTY shall conform
with the WETLAND ACT and any state or federal wetland fill permits which have been issued
at the time of DEVELOPMENT. All wetland and buffer areas shall be included in outlots
dedicated to the CITY.
10.2) TIMING. The improvements, mitigation, replacement and construction relating
to wetlands for each PHASE shall be completed by the dates established in the respective
DEVELOPMENT CONTRACT and the approved wetland fill permits.
10.3) RESPONSIBILITY FOR CONSTRUCTION. The DEVELOPER is responsible,
at its own expense, for all costs of compliance with the WETLAND ACT within each PHASE,
and for placing city required monumentation and signage marking wetlands and buffer areas.
phe CITY shaii"iJe responsible for the cost of wetland compliance" relating to the proposed pm. ITY
community.r.ark, 125th Street p'roj~ and any' CITY-initiated changes to the PUD PLANS.
10.4) COMPLIANCE WITH WETLAND PERMITS. The DEVELOPER and the
CITY shall each be responsible for the conditions imposed on it pursuant to the wetland fill
permits issued by the U.S. Army Corps of Engineers and the CITY pursuant to Minnesota
Statutes, Chapters 103 A through 103G.
ARTICLE II.
PARKS
11.1) PARK DEDICATION - CONTRIBUTION REOUIREMENT. The parties agree
that the public park dedication requirement for the F AIRHILL PROJECT shall be satisfied by
the DEVELOPER in the form of: (I) a land dedication in the amount of '85 acres d~signat~d onJ
~xhibit l;: to be dedicated--:- and (2) bv dedicated easement for approximatelv 5 acres of publici
!J;Hils to be dedicated at the time of FINAL PLAT for that PHASE encompassing the proposed1
public trail,-See Park Dedication Table at Exhibit G! The Developer will dedicate without
r.esJri.cliQI1 the.-12-.-acn~s in the Southwest Corner of the DEVELDPMENT as shown on the PUD
PLANS at the time of FINAL PLAT for PHASE I.
In addition to its dedication ofland for public parks and public trails, the DEVELOPER i5L-
including private parks in the DEVELOPMENT. Such private parks will be the responsibility...2fj
lhe Homeowners Association created by the DEVELOPER. All financial responsibility for
revelopment, construction, maintenance or operation of such priYa!..e.p,ark areas will be borne
exclusively....Qy' DEVELOPER or the Homeowners AssociationrThe DEVELOPER shall clearly
130712v08
mark by appropriate signage approved by the CITY park and facilities which shall be designed to
clearly differentiate between public and private areas and facilities.
CITY Community Park: At the time of FINAL PLAT for PHASE I, the
DEVELOPER will dedicate 42 acres to the CITY in the southwest comer of the
SUBJECT PROPERTY for use as a public park. The dedication shall be made as
~n outlot of PHASE I without any use restriction, and shall include the identified
hg~y' alignment for Diamond Path as a sep,arate outlot. The CITY, in
consultation with DEVELOPER, will establish a schedule for development of
park facilities in the community park. The CITY will be responsible for
development and maintenance of the community park property and will not allow
such property to become unsightly from a lack of nonnaI maintenance. The
DEVELOPER will withhold development of approximately 16.35 acres directly
east of the proposed CITY community park for not more than (2) years for
possible purchase of such property by the CITY.
(a)
(c)
CITY Central Park: The DEVELOPER will dedicate 50 acres, of which 38 acres
is upland, to the CITY in the center of the SUBJECT PROPERTY for use as a
public park.
CITY Neighborhood Parks: The DEVELOPER will dedicate land for two (2)
public neighborhood parks totaling 5 acres, as reflected in the Neighborhood and
Open Space Framework (PUD-04).
(b)
(d)
The DEVELOPER will grade and seed the public park areas. The DEVELOPER
will receive credit from the CITY against city park development fees for any
construction of physical improvements to the public parks and trails within the
SUBJECT PROPERTY.
11.2) MANNER OF CONVEYANCE. The public park conveyances shall be by
warranty deed or dedication on a FINAL PLAT, subject to PERMITTED ENCUMBRANCES.
11.3) TIMING AND TYPE OF PARK IMPROVEMENTS. The CITY and
DEVELOPER shall consult regarding the types and timing of the improvements for each public
and private park.
11.4) PARK GRADING. The DEVELOPER shall rough grade and seed the public
park areas~
,11.5) PARK FEES: The DEVELOPER will receive a credit against park development
fees fo; public park improvements within the SUBJECT PROPERTY, including for purchase
~nd installation of park facilities for the public park areas and landscaping, if any, within the
public park areas. A schedule of all p'ark imp.rovements will be PEp.ared to determine the credi~
~gainst park develop.ment feesr--
1307J2\'08
ARTICLE 12.
TRAILS
12.1) TRAIL PLAN. To the extent a trail is shown on the plans for a given PHASE,
then DEVELOPMENT in a particular PHASE shall conform to the approved systems of trails
and the FINAL PLAT PLAN for that PHASE. jfhe DEVELOPER shall receive credit toward its
park dedication requirements for land dedicated for use as p'ublic trails consistent with CITY
policies in place at the time of dedication!
12.2) CONSTRUCTION RESPONSIBILITY ANDTIMING. The DEVELOPER shall
construct the trails within or abutting each applicable PHASE by the dates established in the
DEVELOPMENT CONTRACT.
12.3) CONVEY ANCE OF TRAILS. All trails shall be located within outlots, public
easements or public right-of-way, and shall be dedicated at the time of FINAL PLAT recording.
All trails within the SUBJECT PROPERTY are open to the public and shall be clearly marked
for that purpose by signage acceptable to the CITY.
12.4) RESPONSIBILITY FOR CONSTRUCTION. Except to the extent otherwise
provided, the DEVELOPER is responsible for construction costs of all the trails as shown on the -1 Deleted:.
OPEN SP ACE PLA~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ -/ /'
ARTICLE 13.
PUBLIC IMPROVEMENTS
13.1) APPRO V AL OF CONTRACTORS AND ENJINEER. Any contractor or
engineer preparing plans and specifications selected by the DEVELOPER to design, construct or
install any PUBLIC IMPROVEMENTS must first be approved by the CITY Engineer.
-( Formatted: Bullets and Numbering]
13.2) CONSTRUCTION. Except for work relating to construction of 195th Street, the
DEVELOPER shall cause its contractors to furnish the CITY Engineer with a written schedule of
proposed operations, subcontractors and material suppliers for all PUBLIC IMPROVEMENTS
prior to commencement of construction work on such PUBLIC IMPROVEMENTS.
13.2) INSPECTION. The CITY Engineer or its designated representative, shall
periodically inspect the work installed by the DEVELOPER, its contractors, subcontractors or
agents as authorized by CITY ordinances._.Ih_~ CITY~gine_~r and t~~BYEL~~R~ilL
foordinat~insD~ctions to,J1;)inimize dugJication but the CITY reserves its rights to access the
SUBJECT PROPERTY at any time to conduct inspections to determine compliance with this
PUD CONTRACT or a DEVELOPMENT CONTRACT for a particular PHASE.
. - -{ Formatted: Bullets and Numbering]
--...::::
"
Deleted: establisha.
Deleted: ~.~b.e.dlIl<:..fur
'{ Deleted: ~
13.3) FAITHFUL PERFORMANCE OF CONSTRUCTION CONTRACTS The
DEVELOPER shall faithfully comply with all terms of any and all contracts entered into by the
DEVELOPER for the installation and construction of the PUBLIC IMPROVEMENTS.
. - -( Formatted: Bullets and Numbering
13.4) CITY ACCEPTANCE. The DEVELOPER shall give FORMAL NOTICE to the. - -( Formatted: Bullets and Numbering)
CITY within thirty (30) days once the PUBLIC IMPROVEMENTS have been completed. The
UQ7.l2vQ8
CITY shall then inspect the PUBLIC IMPROVEMENTS and notify the DEVELOPER of any
PUBLIC IMPROVEMENTS that do not 5&ConformJo_tlKaPnr_QYe!LPUJ2P..LA~~. Upon
compliance with this PUD CONTRACT and CITY standards and specifieationsEUD PLANS,
and acceptance by the CITY, PUBLIC IMPROVEMENTS shall become the property of the
CITY. If the PUBLIC IMPROVEMENTS do not conform, FORMAL NOTICE shall be given to
the DEVELOPER of the need for repair or replacement. If the DEVELOPER fails to complete
the required repair or replacement without iust cause as verified bv t~CJIT, the CITY may
proceed under Artic]e +& 17,
13.5) RAILROAD PI;:BMITS. The CitD'tiU .apply for and oQtainpennilSJrQmJhe_ + - -{ Formatted: Bullets and Numbering]
railroad companv necessarv for constructing public improvements under railroad ri!!.bt-of-\'{i\jC.
ARTICLE 14.
RESPONSIBILITY FOR COSTS
14. I) PHASE IMPROVEMENT COSTS. Unless otherwise provided in this PUD
CONTRACT or a DEVELOPMENT CONTRACT_fQLa_P...HASE, the DEVELOPER shall pay
for the PHASE IMPROVEMENTS; that is, all costs of persons doing work or furnishing skills,
tools, machinery or materials, or insurance premiums or equipment or supplies and all just claims
for the same; and the CITY shall be under no obligation to pay the contractor or any
subcontractor any sum whatsoever on account thereof, whether or not the CITY shall have
approved the contract or subcontract.
14.2) COSTS. The DEVELOPER shall reimburse the CITY for its reasonable costs
incurred by it in conjunction with the F AIRHILL PROJECT including without limitation, costs
relating to the preparation, administration, and enforcement of this PUD CONTRACT and the
DEVELOPMENT CONTR.\CTCONTRACTS for each PHASE, including r..e.aSQllilble...
engineering, inspection, and attorneys' fees. The CITY and DEVELOPER will establish a
sche.dule fQr ~Qsl:.s.barLng f.QJ the s.ignalman stationed at rail crossings durin~consJrL!CliQn.
]4.3) DJS ~The DEVELOPER wi I !pay- GIS fees at the time of FINAL PLAT of _ _ - Deleted: ~cmtlrib.ulU.CJ!pJ)sdfeeq[
each PHASE in accordance with the CITY fee schedule in effect at the time of approval. ~eyel<!Pme=~~
l'.IillfERIY
14.4) ~ TIME OF PAYMENT. The DEVELOPER shall pay all bills from the
CITY for which DEVELOPER is responsible within thirty (30fortY=flY.dA.5) days after receipt
of detailed billing. The bills shall itemize the person doing the work, the services rendered, the
date rendered, the time involved and the applicab]e charge rate for the services. Bills not paid",
W1bill!Lil!.&..C~S verified bv the CITY. within thirty (30fortv-five (45) days shall accrue
interest at the rate of -five percent (-5%) per year.
ARTICLE 15.
INDEMNIFICATION OF CITY
15.1 ) INDEMNIFICATION OF CITY. Subject to Section 16.4, DEVELOPER shall
and does hereby indemnifY, defend and hold the CITY, its COUNCIL and employees harmless
against and in respect of any and all claims, demands, actions, suits, proceedings, losses, costs,
expenses, ]iabilities and damages, including interest, penalties and attorneys' fees, including
130712v08
without limitation any litigation which may be commenced by any party, that the CITY incurs or
suffers, which arise out of, result from, or relate to any of the following:
(a) Failure by the DEVELOPER or OWNER to observe or perform any covenant,
condition, obligation or agreement on their part, either jointly or severally, to be
observed or performed under this PUD CONTRACT;
(b) Failure by the DEVELOPER or OWNER to pay contractors, subcontractors,
laborers, or materialmen retained bv either of them;
(c) Failure by the DEVELOPER or OWNER to pay for materials orden;:d--.bv either of
them;
(d) Approval by the CITY of the PUD PLANS, the FINAL PLAT PLANS and other
PUD CONTROLS;
(e) Approval by the CITY of any FINAL PLAT;
(f) Failure by the DEVELOPER to obtain the necessary permits and authorizations to
construct the PHASE IMPROVEMENTS;
(g) Construction of the PHASE IMPROVEMENTS; and
(h) All costs and liabilities arising because building permits were issued prior to the
completion and acceptance of the PHASE IMPROVEMENTS or because there
were delays in completion of the PHASE IMPROVEMENTS caused by the
DEVELOPER, the OWNER, their contractors, subcontractors, materialmen,
employees, agents or third parties.
15.2) NOTICE. Within a reasonable period of time after the CITY's receipt of actual
notice of any matter giving rise to a right of payment against the CITY pursuant to Section
+-1-:+;-LG.--l. the CITY shall give the FORMAL NOTICE in reasonable detail to the DEVELOPER.
The DEVELOPER shall not be obligated to make any payment to the CITY for any such claim
until the passage of ninety (90) days from the date of its receipt of FORMAL NOTICE from the
CITY, during which time the DEVELOPER shall have the right to cure or remedy the event
leading to such claim.
15.3) DEFENSE OF CLAIM. With respect to claims or demands asserted against the
CITY by a third party of the nature covered by Sections +7-+_l(d and ~16.2 above, and
provided that the CITY gives FORMAL NOTICE thereof, the DEVELOPER in its discretion
may, at its sole expense, provide for the defense thereof with counsel of its own selection but
approved by the CITY; the DEVELOPER will pay all costs and expenses including reasonable
attorneys' fees incurred in so defending against such claims, provided that the CITY shall at all
times also have the right to fully participate in the defense. If the DEVELOPER fails to defend,
the CITY shall have the right, but not the obligation, to undertake the defense of, and to
compromise or settle the claim or other matter, for the account of and at the risk of the
DEVELOPER. All ~a~ble attorneys' fees incurred by the CITY related to such defense shall
be paid for by the DEVELOPER.
l30712v08
15.4) CITY VIOLATION OR NEGLIGENCE This Article +116 shall not apply to
costs incurred or suffered which relate to, result from, are attributable to or are caused by the
CITY's violation of applicable law or the CITY'S reckless or negligent acts, or changes ordered
by the CITY as to the PUBLIC IMPROVEMENTS.
ARTICLE 16.
REMEDIES UPON DEFAULT
16.1) CITY REMEDIES. Except as set forth in Section ~~ if a DEF AUL T
occurs, that is not caused by FORCE MAJEURE, the CITY shall give the DEVELOPER
FORMAL NOTICE of the DEFAULT and the DEVELOPER shall have thirty (30) working days
to appear before the COUNCIL to discuss the DEFAULT. If the DEVELOPER, after FORMAL
NOTICE to it by the CITY, does not cure the DEFAULT within thirty (30) working days after
the COUNCIL appearance, then the CITY may avail itself of any remedy afforded by law and
any of the following cumulative, non-exclusive remedies.
(a) the CITY may specifically enforce this PUD CONTRACT;
(b) the CITY may suspend any work, improvement or obligation to be performed by
the CITY only with respect to the PHASE affected by the DEF AUL T;
(c) the CITY may collect on any bond, irrevocable letter of credit or cash deposit or
other security applicable only to the PHASE affected by the DEF AUL T;
(d) the CITY may deny building and occupancy permits for buildings only on the
PHASE affected by the DEF AUL T;
(e) the CITY may deny or withhold FINAL PLAT approval to the extent that the
DEFAULT relates to the FINAL PLAT then pending before the CITY;
(t) the CITY may, at its sole option, perform the work or improvements to be
performed by the DEVELOPER, in which case the DEVELOPER shall within
sixty (60) days after written billing by the CITY reimburse the CITY for any
reasonably necessary costs and expenses incurred by the CITY to cure the
DEF AUL T. In the alternative, the CITY may in whole or in part, specially assess
any of the costs and expenses incurred by the CITY; and the DEVELOPER and
OWNER hereby waive any and all procedural and substantive objections to the
installation and construction ofthe work and improvements and the special
assessments resulting therefrom, including but not limited to notice and hearing
requirements and any claim that the special assessments exceed benefit. With
respect to such special assessments arising only under this subsection, the
DEVELOPER and OWNER hereby waive any appeal rights otherwise available
pursuant to Minn. Stat. S 429.081.
16.2) DEVELOPER REMEDIES. Exceot as set forth in Section 17.5. if a DEFAULT
9S~9urs."JhaU5-nQt c!lus..ed by-FORCE MAJEURE~e DEVELOPER shall Rive the-.CIT..Y
FORMAL NOTICE of the DEFAULT and the CITY shall have thirtv (30) working davs to
d.is.9\.!s~Lthe_DEJ:AUL.T~1il.1he..J2.EY.E.L.QP.E~.fJb~ClD::,_afkLEQR.MA...l.lillI.Lc..EJ~it.by
130712v08
the DEVELOPER. does not cure the DEFAULT within thirty (30bY.QIkin!Ull,l.Y_U!leIeafter. th~n
the DEVELOPER may avail itself of any rem~-<!y affQrdedJ~y-Jaw_afl(;LanY_QDhdQUmy.in~
cumulative. non-exclusive remedies.
(a) the DEVELOPER mav soecificallv enforce this PUP CONTRACT:
(b) the DEVE;LOPER ma)' suspend '!I}Y ~v9!k>1ITIPr9.Yt::I!I_enL9_r 9J2ligljliOl) t9 Qt::_
performedJncJhe DEVELOPER only with re~~ct to tbeJ~!;;lASE.J!ffe~e_d bv the_
DEFAULT:
(c) the DEVELOPER maY. at its sole Qptio~R-erfurl1l.1h..e~!LQLim~Y-e.menl:i..l(L
be performed by the CITY. in whLcb case the CITY shaJJ within sixtY160Ula.YS...
'!fter written billing by the DEVELOPER reimburse the DEVELOPER for anv
re_aSQD...ablv necessary costs and_expensesjncurred by the DEVELQ_PER to cure
the DEFAULT
16.3) ~PUD CONTRACT TERMINATION DEFAULTS. DEFAULTS by the
DEVELOPER which have not been remedied shall permit the CITY to terminate the PUD
CONTRACT and repeal the PUD ORDINANCE after following the rrocedures set forth in
Section 17. I above:
(a) Failure by the DEVELOPER to commence DEVELOPMENT of PHASE I within
one (I) year from the date of completion of construction of 195th Street.
Deadlines f-or subseq!!E!f:phases EH!'U P..b..Er,'ie II 1 )ll., Phase III 7 ):d
(b) ):2"faults by the CITY which hav~eel1 remedied shall permit the
DEVELOPER to terminate the PUD CONTRACT and rescind its dedication
Q.bJjgat.ionill1LQYJ;bleJ;al or eqyitable remedi~as necessary. CITY failure to
CQffiPlete construction of 195th Street with the bridge bv r DATE 1 shall be a
!llil1erLaLb.re_ach...
16.4) ~NO ADDITIONAL WAIVER IMPLIED BY ONE WAIVER Ifany
agreement contained in this PUD CONTRACT is breached by the DEVELOPER or OWNER
and thereafter waived in writing by the CITY, such waiver shall be limited to the particular
breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent
breaches hereunder. All waivers by the CITY must be in writing to be effective.
16.5) ++.4j-NO REMEDY EXCLUSIVE. Except as provided in Section ~17.2. no
remedy herein conferred upon or reserved to either party shall be exclusive of any other available
remedy or remedies available to the parties under Minnesota law, but each and every such
remedy shall be cumulative and shall be in addition to every other remedy given under the PUD
CONTRACT or now or hereafter existing at law or in equity or by statute. No delay or omission
to exercise any right or power accruing upon any DEF AUL T shall impair any such right or
power or shall be construed to be a waiver thereof, but any such right and power may be
exercised from time to time and as often as may be deemed expedient. In order to entitle the
CITY to exercise any remedy reserved to the CITYhe~in, it shall be necessary to give notice as
provided in Section +&+'11.1 or ! 7.2.
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16.6) ~EMERGENCY. If DEVELOPER'S DEFAULT creates an imminent threat
to life, safety, or health of the public, the CITY, without affirmative duty to do so, may proceed
immediately to cure the DEF A UL T and thereafter proceed pursuant to the provisions of Section
17.1.
16. 7) ~DISPUTES. If the CITY and DEVELOPER are in dispute as to whether
either is in default of the terms of this PUD CONTRACT, then the party who prevails in the
dispute shall be entitled to reimbursement from the other for all costs and expenses incurred by
the prevailing party related to the dispute.
ARTICLE 17.
PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS
17.1) ADDITIONAL IMPROVEMENTS. If the DEVELOPER requests the CITY to
construct the PUBLIC IMPROVEMENTS and reimburses the CITY for its costs associated with
preparation of a feasibility study and other costs for plans and specifications therefore, the CITY
may install and construct the PUBLIC IMPROVEMENTS. In such case, the CITY, at its option,
may specially assess the cost wholly or in part therefore under Minnesota Statutes Chapter 429,
provided that the DEVELOPER first had the opportunity to review the plans and specifications
and the bids and determine whether it wishes the CITY to proceed with the contract before bid
award. Ifthe DEVELOPER requests the CITY not to proceed, the CITY shall not award the bid
for public construction of the PUBLIC IMPROVEMENTS. If the CITY proceeds to install the
PUBLIC IMPROVEMENTS pursuant to this Section 18.1 and assesses the cost of any portion
thereof, then pursuant to M.S. ~ 462.3531 the OWNER and DEVELOPER by separate document
shall waive any and all procedural and substantive objections to the installation of the
improvements and the special assessments, including, but not limited to, notice and hearing
requirements and any claim that the special assessments exceed the benefit. In such instance, the
OWNER and DEVELOPER by separate document shall waive any appeal rights otherwise
available pursuant to Minnesota Statutes ~ 429.081 relating solely to such PUBLIC
IMPROVEMENTS, and the OWNER and DEVELOPER shall acknowledge that the benefit
from the improvements equal or exceeds the amount of the special assessments, as provided in
M.S. ~ 462.3531.
DiseussioB of 195th Street special a~sessQl-CJl.tS
17.2) OBLIGATION FOR PAYMENT OF SPECIAL ASSESSMENTS +fleln the
ese.nl reQue.sJg_d by the DEVELQPER, the DEVELOPER hereby agrees to pay the special
assessments for the PUBLIC IMPROVEMENTS pursuant to M.S. ~ 462.3531 as and when said
special assessments become due and payable.~ubLect to Section 7.8 above. the fO~QjIu.uill~
lillt.J;~iver or acauiescence bv DEVELOPER to anv soecial assessments for the cost
QfanY-P!lB_LI..C.JMPB.QVEMENTS within the SUBJECT PROPERTY.
17.3) J 18.3) 'PAY-OFF OF ASSESSMENTS.:... M1henever the CITY issues ani
building permit for a home constructed on a lot. then at such time the special assessments I
pending or levied against that lot shall be paid in full. together with the accrued interest thcreoit _ _ -{ Formatted: Strikethrough
rVhenever the CITY issues an occupancy permit for a home constructed on a lot, then at suehl
time the speoial assessments p~g orJ:cvied.J!gainst that lot shall be paid in full,J.ggether w~
130712v08
the accrued interest thereorlThe DEVELOPER will be released from its obligilliQn~fQr S~
aSSt;ssuJents relatil1R to a sl1t;cific PHASE UROD limelY-RaYmt;nJ.Qf~uchassessnlt;utSJlliPUcable- _ -{ Deleted: ~~
to the DEVELOPMENT.
17.4) WATER TOWER. At or before the approval of PHASE I. ~ltiJIY will -{ Deleted: I
RurclUlse land for its RroRosed wateC.1illy.eI,J(LbejQcaJed QnJhc-east sid~lhe_RIQRQSed_ce_ntmL
park. under terms of an agreement between it and the DEVELOPER.
ARTICLE 18.
MISCELLANEOUS
18.1) NO THIRD PARTY RECOURSE. Third parties shall have no recourse against
the CITY, OWNER or the DEVELOPER under this PUD CONTRACT.
18.2) TIME OF THE ESSENCE. The parties agree that time is of the essence in the
slKc.e~!,ILCQ!llnktiQD_of--.the_QbligaliQD;U2rovided for in thi~D CONTRACT,
18.3) ~SENT TO AMENDMENTS. Th~Y agree that changes to the PUD
~Twhich are re<u!iLed based on federal or state law will not be unreasonably withheld.
~
1 Deleted: whichJea<onably confonn. t~ ]
/ thd'lJDCONTR.AITllL
+9dt-J2.4) VALIDITY. Ifany portion, section, subsection, sentence, clause, paragraph
or phrase of this PUD CONTRACT is for any reason held to be invalid, such decision shall not
affect the validity of the remaining portion of this PUD CONTRACT.
18.5) ~FEDERAL AGENCIES. If the DEVELOPER requires any evidence of this
PUD CONTRACT or DEVELOPMENT CONTRACT for a PHASE for the purpose of escrow
requirements of the Federal Housing Administration, the Veterans Administration, or any other
United States government agency, the CITY will provide same at the request of the
DEVELOPER so the escrow deposit, herein provided for, may be considered a deposit in lieu of
the deposit normally made with such governmental agencies to guarantee the completion of
required improvements.
18.6) +94t-RECORDING. The PUD CONTRACT and PUD ORDINANCE or a
memorandum summary thereof shall be recorded with the COUNTY Recorder, and the OWNER
and DEVELOPER shall provide and execute any and all documents necessary to implement the
recording. At the request of DEVELOPER from time to time, the CITY Administrator will
provide a recordable instrument certifying the extent to which the DEVELOPER is in
compliance with the PUD CONTRACT and the PUD ORDINANCE.
18.7) E.S...TQPPEL CERTlElCATES. The CITY shall. at any time and from lime to
timeJ!pon not less than ten (10) davs' prior notice bv Deyeloper. execute. acknowledge. and
d~tQJ)~I2.~atement in writiUjU;_ertifxillg that this Agreement is unmodified and in
full force and effect (or if there shall have been modifications that this Agreement is in full force
an~efIej;;Ul;U:llQ.difte_d_and_sJaling the modifi.catio!lSUllid stating whether or nQt (to the best
knowledge of City) Developer is in default in the oerformance of any covenant. agreement. or
QQndjJiQ.ru:..Qntaine..d.l!lJhi~~ement and. ifso. specifYiD~ach such default of which CitYJna~
haye knowledge. it being intended that anv such statement delivered pursuant to this section shall
beJnJIJl">JJJlJ1RRrOved by. and maY be relied URO!) bv any prospective assignee QJ DeveloRer's
130712v08
interest in this Agreement or anv mortgagee of theJ:rQm:.r.tY-QI anv aSSigD~~-9i.nny-mQjjllilg,\:.,
up_o..nJ.h..e....e.mVj;:.LlY.c
18.8) ~BINDlNG AGREEMENT. The parties mutually recognize and agree that
all terms and conditions of this recordable PUD CONTRACT shall run with the SUBJECT
PROPERTY, and shall be binding upon the heirs, successors, administrators and assigns of the
OWNER and DEVELOPER.
18.9) ~ONTRACT ASSIGNMENT. The DEVELOPER may not assign this PUD
CONTRACT except to an entity in '....hicR the DEVELOPER has a controlling
ffiterestAFFILlA TE. without the written permission of the COUNCIly _T~ QE'yEl-Q!>~~ _ _ -
obligations hereunder shall continue in full force and effect until completion of
IMPROVEMENTS on the last PHASE, even if the DEVELOPER sells one or more lots.
However, upon completion of its obligations pursuant to a DEVELOPMENT CONTRACT for a
PHASE, the DEVELOPER shall be relieved of its obligations hereunder for that PHASE.
18.10) SYSTEM NOT A PARTY. The parties acknowledge that the SYSTEM is not a
partYJ~the PUO COO.IRACT and is merelv a limited partner of an AFfiLIATE of
Q.1a~LOPER. Notwithstanding anv other term or provision of this PUD CONTRACT.
illIEM s.halLha~l2ility hereunder and no personal or direct liability shall at ~D1e be
~erted or enforceable against SYSTEM. its board. or anv member arising out of or related to
th~U.Q CQNTRACT. The CITY agrees that it shalL look solely to the a~ets of the
DEYEL.QP-ER for the enforcement of an v claims arising hereunder or related hereto and waives
!!!JY=~Jljl)Llgain.sLSY_SIEM, irrespective of the compliance or noncompliance now or in the
fllUu:e with anv recmirements relating to the limitation ofliabilitv of members under anv
gperllting.Jlgreemenl.Qfwhich SYSTEM iu1 signa1oIv. The C1TYa.cJ.<nowled~ lhaUIK
pEVEI..Of>ERJs..obJjgatedJQ QblainJhis waiver from each Parly wi.th whom the DEVELQPER
99~~~il)e~L~h.el1. the contract mice exc.eeds One Hundred Thousand Dollars (!lOQ,OQO) and
1!l!.H~\hL.u!lsLeacJLC-QI1tL~1 relationshiy would not be created exceut with the inclusion of this
prQYisiQD,
18.11) ~AMENDMENT AND WAIVER With respect to the PHASES, the CITY
and the OWNER and DEVELOPER for that PHASE hereto may by mutual written agreement
amend this PUD CONTRACT in any respect for that PHASE. Any party hereto may extend the
time for the performance of any of the obligations of another, waive any inaccuracies in
representations by another contained in this PUD CONTRACT which inaccuracies would
otherwise constitute a breach of this PUD CONTRACT, waive compliance by another with any
of the covenants contained in this PUD CONTRACT and performance of any obligations by the
other or waive the fulfillment of any condition that is precedent to the performance by the party
so waiving of any of its obligations under this PUD CONTRACT. Any agreement on the part of
any party for any such amendment, extension or waiver must be in writing. No waiver of any of
the provisions of this PUD CONTRACT shall be deemed, or shall constitute, a waiver of any
other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver.
18. I 2) ~OVERNING LAW. This PUD CONTRACT shall be governed by and
construed in accordance with the laws of the State of Minnesota.
,U0712v08
Deleted: ~whjilll'PPLgyah\\,ilIJlo\lle~
\lnrmona1\ly_withlleld
18.13) ~OUNTERP ARTS. This PUD CONTRACT may be executed in any
number of counterparts, each of which shall be deemed an original but all of which shall
constitute one and the same instrument.
18.14) +9-AO}-HEADINGS. The subject headings of the paragraphs and subparagraphs
of this PUD CONTRACT are included for purposes of convenience only, and shall not affect the
construction of interpretation of any of its provisions.
18.15) ~ACCESS. The DEVELOPER and OWNER hereby grant to the CITY, its
agents, employees, officers, and contractors a license to enter the SUBJECT PROPERTY J~ _ _ _ -{ Deleted: durin" ,e"ula, busim:ss.mllIS- 1
perform all work and inspections deemed appropriate by the CITY during the installation of any / Deleted: ~~ed the CITY shall
improvements by the CITY / m:ID'i?cecIeasonabkadyalJce lJolice of il~
-L _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - - - - - - - .-/ mtentJonsJ_Q__~nsll.~e__I_~g_41_~~J,lptIJ)'Lt(L
[j.E\iELOPER;S" ,,:;),k.olJ theFAIRfllLL
18.16) :I 9.12)'CONVEY ANCES. All conveyances to the CITY shall be by plat PROJECT
dedication. easement or~ warranty deed, subject only to PERMITTED ENCUMBRANCES
and subject to drainage, ponding access and utility .1.I.D.dJralLeasements that are necessary for the
F AIRHILL PROJECT.
18.17) ~QN-l)ISGRI.~INATION OF PARTIES AND AfFILIATES. During the term
Qfthe P!JDJ:X2NTRACT. no party nor any AFFILIATES. emploY~.es or a~l}ts shall unlawfully.
discriminate against any employee or applicant for emplovment because of race. religion. color.
!la.1iQnaLQdgin,.anl;;~.strY, QlJysical handicap. medical condition. mariJa! status, aR-e (oYer 40) or
sex. Each party and anv AFFILIATES. employees and agents shall assure that the evaluation
ill1j~jl1!DIDLQfjheiu~JJIPl2~s aw~lilic.a.!ltsJill:J~mQloy'ment are free of such discrimination. .
Each DJl!1Y and any AFFILIATES. employees and agents shall give written notice of their
r.es12ectiy.e Qbligatlims.Jm.d~r this clause to laQQf Qrganization.uYith which they have a collective
bargaining or other agreement. The foregoing nondiscrimination compliance proyisions shall be
inclJJ.d.e..dJ!Lall...w.ritten.C.QD.traC.1s..a.nd subcontracts to perform work or proyide servi~er or
pursuant the PUD CONTRACT. During the term of the PUD CONTRACT. each party and any'
AE.FILIAIES...J:mRl2~.e..e.s..and..agen1uhall conduct their resl2.ective actiyities in accordance with
Title VI ofth.e Civil Rigl11sAct of 1964 and the rules and regulations promuh:mted thereunder.
18.18) OTHER PERMITS AND COOPERATION. The DEVELOPER shall obtain all
necessary approvals. permits and licenses from the CITY and the OTHER REGULA TORY
AGENCIES. Maior design requirements of any such entities shall be determined prior to
construction and incorporated into the FINAL PLAT PLAN. The CITY will coop.erate with the
DEVELOPER regardil1!.! issues arising from construction of sanitary sewer. storm sewer and
ffil1e.rjnlRl:.QYements...uncler the r.ailmacl tracks. The CITY will cooperate with th~ DEVELOPER
lQ.5...e.cure.Ie.Q u.e.sted.access.fI"Qm.MJ1~O_O_I1QJhe...s.u.El,!..E.CLP..Rill.ERI.y'jmdJQ...r.esQ.\Yej.ss.u~
~!it.1i.llgJQ!h~TtIJ i!Herchan~
18.19) -l-9-,-8j-DEFINITIONS. Certain terms used in this PUD CONTRACT are defined
as follows:
(a) 12.5~TREET IMPROVEMENTS. "195TH STREET IMPROVEMENTS"
means the imoroyements to future Dakota Countv Road 64 from approximately
Q.!1..e_mH~_eaSLQf....co.utID.'~1ill:...AliI Higbwqy 3] (Pilot Knob Road.Lto Trunk
Highway 3 in the CITY. as soecified in Dakota Countv Proiect No. 64-18.
I3Q712v08
(b) F,\IRHILL PROJECT. "F:\IRHILL PROJECT" means t1~EVELOPMENT of
the SUBJECT PROPERTY in accord with the PUD CONTROLS.AFFILIATE.
"AFFILIATE" or "AFFILIATES" means with reSlLect to PERSON or PERSONS
that. directly or indirectlv. througlLQ!K.QLlllilI.e illt.emL~la~..._~QntlQ-L~Li~
controlled by. or is under common control with. such PERSON. For purnoses
hereof, the term "control" (includingJ!LtlermccJmtr..QlLe_d_b...Y~and~ndeL
common control with" shall mean the oossession. clir..e.ctlv or indirectl~
CONTROLLING INTEREST.
(c) CITY. "CITY" means the City of Farmington, a Minnesota municipal
corporation.
(d) COMP PLAN. "COMP PLAN" refers to the Comprehensive Plan of the City.
~lLared and_adoRlc_d,JRlrsuant to Minnesota St.ID.utes. Chanter 462.
(e) ~OMP PLAN AMENDMENT. ~COMP PLAN AMENDMENT" means the
Comprehensive Plan amendment for the SUBJECT PROPERTY, as approved by
the COUNCIL on June 18, ~2006 and as amended on
2008.
(t) CONTROLLING INTEREST. "CONTROLLING INTEREST" means the
!lli'll-e.IShiR....directly or indirectly. of. or other legal righLtQ......dir~1Jhe voting~
fifty percent (50%) or more of the votinR-interests in a PERSON or the governing_
bod,y.J~f such PERSON.
(g) ~OUNCIL. "COUNCIL" shall mean the governing body of the CITY.
(h) ~OUNTY. "COUNTY" means Dakota County, Minnesota.
(i) fft-DEF AUL T. "DEF AUL T" means and includes, jointly and severaIly, any of
the foIl owing or any combination thereof:
(I) failure by the DEVELOPER after notice to timely pay the CITY any
money, including without limitation special assessments or CITY
invoices, required to be paid under this PUD CONTRACT;
(2) failure by the DEVELOPER aiteL..lJ~to construct the PHASE
IMPROVEMENTS for each PHASE according to the DEVELOPMENT
CONTRACT;
(3) failure by the DEVELOPER after notice to observe or perform any
covenant, condition, obligation or agreement on their part, either jointly or
severaIly, to be observed or performed under this PUD CONTRACT and
the DEVELOPMENT CONTRACT; and
(4) failure by the DEVELOPER after notice to develop the SUBJECT
PROPERTY according to the PUD CONTROLS.
130712.v08
G) ~DEVELOPER. "DEVELOPER" means Newland Communities, a California
corporationAstra Gens_tar Partner.shiR~Ll)~. a MinnesQJaJimiJedJiJtbHity=
oartnershiQ, and the AFFILIATES. assigns and successors thereof. DEVELOPER
also means any person or entity, except the CITY, that undertakes
DEVELOPMENT of the SUBJECT PROPERTY.
(k) W-DEVELOPER IMPROVEMENTS. "DEVELOPER IMPROVEMENTS"
means those improvements which DEVELOPER is obliged to construct pursuant
to a DEVELOPMENT CONTRACT or this PUD CONTRACT.
(I) ~DEVELOPMENT. "DEVELOPMENT" means use ofthe SUBJECT
PROPERTY and any construction on or improvement of the SUBJECT
PROPERTY by the OWNER or DEVELOPER pursuant to the PUD CONTRACT
and PUD PLANS. DEVELOPMENT includes, but is not limited to, grading,
construction of buildings or structures and installation of PHASE
IMPROVEMENTS and DEVELOPER IMPROVEMENTS. DEVELOPMENT
also includes material alteration of the SUBJECT PROPERTY and includes tree
removal and any excavation by DEVELOPER or OWNER.
(m) EjtDEVELOPMENT CONTRACT. "DEVELOPMENT CONTRACT' means a
contract between the CITY and the DEVELOPER for each PHASE, in
accordance with the PUD CONTRACT and PUD PLANS, which contract
specifies the detailed DEVELOPMENT requirements for that PHASE, identifies
the responsibilities for installation of streets and utilities and provides financial
assurances for completion by DEVELOPER of the DEVELOPER
IMPROVEMENTS and the streets and utilities on or abutting the PHASE.
(n) f:MBJIJLL P(3.illECT. "FAIRHILLERQLEC_T' l11ean~e DEVELOPMENT of
1h1~....SJ1-BJECT PROPERTY in accord with the PUD CONTROLS,
(0) fkj-FINAL PLAT. "FINAL PLAT" means the final plat, preceded by or
concurrent with a PRELIMINARY PLAT, for each PHASE approved by the
COUNCIL, which plat shows the buildable lots on the PHASE and the public
easements and public streets and the other information necessary to record the
plat.
(p) fltFINAL PLAT PLANS. "FINAL PLAT PLANS" means the FINAL PLAT, the
DEVELOPMENT CONTRACT, and PUD PLANS approved by the CITY
pursuant to its SUBDIVISION ORDINANCE for each PHASE that shall address
the following:
(I) grading
(2) wetlands
(3) surface water quality
(4) storm water controls, erosion controls and drainage
130712v08
(5) street and lot layout
(6) parks and trails
(7) sewer and water utilities
(8) landscaping
(9) basement elevations
(10) slgnage
(11) easement for public utilities.
(q) (mt-FORCE MAJEURE. "FORCE MAJEURE" means acts of God, including,
but not limited to, floods, ice storms, blizzards, tornadoes, landslides, lightning
and earthquakes (but not including reasonably anticipated weather conditions for
the geographic area); riots, insurrections, war or civil disorder affecting the
performance of work, blockades, power or other utility failures, fires or
explosions, labor strikes, terrorism, unknown soil conditions and unavailability of
cQmmeJciallY l:easQnabJe financinJLa!HLavailability of building materials.
(r) WFORMAL NOTICE. "FORMAL NOTICE" means notices given by one party
to the other if in writing and if and when delivered or tendered either in person or
by depositing it in the United States mail in a sealed envelope, by certified mail,
return receipt requested, with postage and postal charges prepaid, addressed as
follows:
If to CITY: Peter 1. Herlofskv. Jr.
City Administrator
Citv of Farming:ton
32.iflgk Str~et
Farmington. MN 55024
Joel Jamnik. Citv Attornev
CamQbell Knutson P A
1380 Coroorate Center Curve
Suite 317
Eagan--.MN 55121
If to OWNER: To tile address shown on E)(hibit A.--illmes M. Seed. as Trustee of
the Fred M. Seed Living:
Trust of 1979
If to DEVELOPER: Shellv White
NewlamLCo.!IlITIunities Midwest
11400 Ivvwood Trail
Woodbury. MN 5512..2
IJ0712v08
Dou~cH!lg~man._E_sq,
Newland Communities
9820 Towne Centre Driv~
Suite 1 00
San Di~gQ, CA.2.2121
Peter J. CoYk....E.s...Q.
Larkin Hoffman Daly & Lindgren Ltd.
7900 Xerxes A venue South
Bloomington. MN 55AlL
or to such other address as the party addressed shall have previously designated by notice
given in accord with this Section. Notices shall be deemed to have been duly given on
the date of service if served personally on the party to whom notice is to be given, or on
the third day after mailing if mailed as provided above, provided, that a notice not given
as above shall, if it is in writing, be deemed given if and when actually received by a
party.
(s) WGRADING PLAN. "GRADING PLAN" means that certain Grading,
Drainage and Erosion Control Plan (PUD-16, 17). Once approved by the
COUNCIL, the GRADING PLAN shall be part of the PUD PLANS, together
with any additions or changes approved by the COUNCIL pursuant to the PUD
ORDINANCE.
en INITIAL I 95TH STREET IMPROVEMENTS. "INITIAL 195TH STREET
IMERQ~EMENTS" means the first two lanes of the 195111 STREET IMPR~EMENTS
aLdetailed in the Feasibilitv Studv for 195th Street dated . includin!!. without
]jOJitatiQn..e~'\caYatiQ!LQLrOadbed and draina~'lrea~a~s...ins1allation of utilities,-
d.r.ailliH~.e. trails. brid!!e and roadw'!..Y.Mlrface imorovements.
(11) JOINT POWERS AGREEMENT "JOINT POWERS AGREEMENT" means the
J9int=Pow~~greement dated DeceID..bnJ3~2006. by and between the Countv of
!2akota. Minnesota and the CITY re!!ardin!! the 195TH STREET IMPROVEMENTS.
!xl tpt-QPTION PROPERTY. "OPTION PROPERTY" means lands contained within
the SUBJECT PROPERTY in which the DEVELOPER has a contract interest, whether
by option, purchase agreement, or contract for deed.
~THER REGULATORY AGENCIES. "OTHER REGULATORY AGENCIES"
means and includes, jointly and severally, the following:
(1) Minnesota Department of Transportation
(2) Dakota County ("COUNTY")
(3) Dakota County Highway Department
(4) Vermillion River Watershed Joint Powers Organization
130712v08
(5) State of Minnesota
(6) Minnesota Pollution Control Agency
(7) Metropolitan Council
(8) Minnesota Department of Natural Resources ("DNR")
(9) U.S. Army Corps of Engineers
(10) Minnesota Department of Health
(11) Minnesota Board of Water and Soil Resources
(12) Minnesota Environmental Quality Board
(I3) any other regulatory or governmental agency or entity affected by, or
having jurisdiction over DEVELOPMENT on the SUBJECT PROPERTY.
(~) PE.R5.{L~PERSON" means any individual. \;Qrp..QratiQn.J2artn~r.s.b.jp. !imi~cl
J.iillillj.lYJ;..QIl1panv. ioint venture. association. ioint stock companv. trust. unincorporated
Qrgani~~ion or g~ernment or anv citv or political subdivision thereof.
(y)__.._SYSIEM. "SYSTEM" means the California Public EmpJoY-ees' Retjr~ment
Syste}..l..l.
~UTILITY PLAN. "UTILITY PLAN" means that certain Utility Plan (PUD-I8,
19) prepared for the SUBJECT PROPERTY.
(t) w-QWNER. "OWNER" means, jointly and severally, the persons and entities
identified on the attached Exhibit H, and the heirs, successors, and assigns
thereof.
(1,1) tttQWNER WARRANTIES. "OWNER WARRANTIES" means that the
OWNER, jointly and severally, hereby warrants and represents the following:
(1) AUTHORITY. OWNER has the right, power, legal capacity and
authority to enter into and perform its obligations under this PUD
CONTRACT, and no approvals or consents of any persons are necessary
in connection with the authority of OWNER to enter into and perform its
obligations under this PUD CONTRACT.
(2) NO DEFAULT. OWNER is not in default under any lease, contract or
agreement to which it is a party or by which it is bound which materially
would affect performance under this PUD CONTRACT. OWNER is not a
party to or bound by any mortgage, lien, lease, agreement, instrument,
order, judgment or decree which would prohibit the execution or
performance of this PUD CONTRACT by OWNER or prohibit any of the
transactions provided for in this PUD CONTRACT.
\30712v08
(3) FEE TITLE. OWNER owns fee title to the respective
P ARCEL(S)P ARCELS as aOO-teinc.!.udedjn the ~P!lQEL.ANS_and_
as shown on Exhibit A.
(v) M-QPEN SPACE PLAN. "OPEN SPACE PLAN' means that certain Open
Space Plan (PUD-09) depicting parks, trails, landscape buffers, greenways,
wetlands, ponds and any additions or changes approved by the COUNCIL
pursuant to the PUD ORDINANCE and PUD PLANS.
(w) MPERMITIED ENCUMBRANCES. "PERMITIED ENCUMBRANCES"
means easements of record that do not interfere with the use intended.
(x) €wrPHASE 1. "PHASE I" shall mean tfiatall or a portion of the SUBJECT
PROPERTY--wfficll is depicted on the PRELIMINARY PLAT (PP-02).
(y) WPHASE IMPROVEMENTS. "PHASE IMPROVEMENTS" are those
PUBLIC IMPROVEMENTS required to be installed by the DEVELOPER for a
particular PHASE of the DEVELOPMENT.
(z) tytPHASES. "PHASES" means those land areas identified as PH:\SES, or
portions thereof, on the Phasing Plan (PUD 07)Qhases...QJ stages for develoQment
of the SUBJECT PROPERTY.
(aa) ~PRELIMINARY PLAT. "PRELIMINARY PLAT" means that preliminary
plat for PHASE I approved by the ~OUNCIL on
~ and the PRELIMINARY PLAT for subsequent PHASES as and when
prepared~RProveJi.
(bb) €aa}PUBLlC IMPROVEMENTS. "PUBLIC IMPROVEMENTS" means those
elements of urban infrastructure, whether installed by DEVELOPER or CITY,
over which the CITY ultimately accepts ownership and maintenance
responsibility, including without limitation, streets, sanitary sewer, storm sewer,
slorill wa~LP...Qnds. water lines, sidewalks, trails, and boulevards.
(cc) ~PUD CONTRACT. "PUD CONTRACT" means this contract by, between
and among the CITY, OWNER and DEVELOPER.
(dd) ~PUD CONTROLS. "PUD CONTROLS" means and includes, jointly and
severally, the following:
(I) PUD ORDINANCE
(2) PUD PLANS
(3) PUD CONTRACT
(4) FINAL PLAT AND FINAL PLAT PLANS
(5) ZONING ORDINANCE
lJ0712v08
(6) SUBDIVISION ORDINANCE.
(ee) ~PUD ORDINANCE. "PUD ORDINANCE" means Chapter _ of Title _
of the City Code of the City of Farmington creating PUD Zoning, which
ordinance sets forth the land use restrictions and other zoning regulations relating
to the SUBJECT PROPERTY. The PUD ORDINANCE excludes any
amendments, modifications or additions made by the CITY during the term of the
PUD CONTRACT.
(ft) feej-PUD PLANS. "PUD PLANS" means all those plans, drawings,
specifications and surveys identified on the attached Exhibit B, and hereby
incorporated by reference and made a part of this PUD CONTRACT.
(ft) SCHEMATIC PUD PL\N. "SCHEM,\ TIC PUD PLAN" means that certain land
use plan showing the development concept uses, densities and acreages for the SUBJECT
PROPERTY. The SCHEMATIC PUD PL\N is labeled Schematic PUD Diagram and
was approved by the City Council on June 18,2006, in conjunction with the COMP
PL\N ,\MENDMENT.
(gg) UTILITY PL."N. "UTILITY PL.\N" means that certain plan showing the major
6mtnage-and waterway impro'/ements to adequately move storm water away from the
SUBJECT PROPERTY.
(gg) tftht-SUBDlVISION ORDINANCE "SUBDIVISION ORDINANCE" means
Title 11 of the Farmington City Code, excluding any
changes adopted by the CITY during the term of the PUD CONTRACT.
(hh) EHt-SUBJECT PROPERTY. "SUBJECT PROPERTY" means in the aggregate
and jointly and severally all ofthe PARCELS and real estate described on the
attached Exhibit A.
(ii) WSUBSEOUENT PHASES. "SUBSEQUENT PHASES" means all PHASES
of the DEVELOPMENT other than PHASE I.
OJ) fkk}TRAIL PLAN. "TRAIL PLAN" means that certain OPEN SPACE AND
AMENITIES PLAN dated showing the location of various
trails throughout the SUBJECT PROPERTY. When approved by the COUNCIL,
it will be part of and contained within the PUD PLANS. The TRAIL PLAN also
includes additions or changes approved by the COUNCIL pursuant to the PUD
ORDINANCE.
(kk) UTILITY PLAN. "UTILITY PLAN" means that certain nlan showilH!1he maior
QJ3Jlllilge_!lDcl waLeIilll)' imnrovements to adeguately move storm water awav from
Ihc.-S.UJ31J~.c...T PRO PE R TL
(II) tlltUTILlTY COMPANIES. "UTILITY COMPANIES" means and includes,
jointly and severally, 6i-e~ following:
1307.l2v08
(I) utility companies, including electric, gas, telephone and cable television;.
and
(2) pipeline companies.
(mm) fmmj-WETLAND ACT. "WETLAND ACT' means all local, state, COUNTY,
CITY, and federal laws and regulations relating to water and wetlands, including,
but not limited to, Section 404 of the Clean Water Act (33 U.S.c. 1344),
Minnesota Statute Chapters 1 03A through 103G, and all regulations promulgated
pursuant thereto. WETLAND ACT also includes all additions, modifications and
regulations subsequent to that version of the WETLAND ACT which exists on
the date hereof.
(nn) fm'tj-ZONING ORDINANCE "ZONING ORDINANCE" means TitleX1Q of the
Farmington City Code, as amended from time to time, excluding any changes
adopted by the CITY during the term of the PUD CONTRACT.
IN WITNESS WHEREOF, the parties have executed this PUD CONTRACT.
OWNER:
Fred M. Seed Living Trust of 1976
Michael E. McMahon and Richard M. C. Glenn III, As Trustees under Trustee Agreement dated
March 19, 1976 with Fred M. Seed, as Donor.
MICHAEL M. MCMAHON and RICHARD M.C.
GLENN III, AS TRUSTEES under Trust
Agreement dated March 19, 1976 with Fred M.
Seed, as Donor, for James Michael Seed
By:
Michael E. McMahon, As Trustee,
and not individually
By:
Richard M. C. Glenn, as Trustee,
and not individually
STATE OF RHODE ISLAND)
) ss.
COUNTY OF PROVIDENCE)
130712\'08
The foregoing instrument was acknowledged before me by Michael E. McMahon, as
Trustee under Trust Agreement dated March 19, 1976 with Fred M. Seed, as Donor, for James
Michael Seed.
Notary Public
STATE OF RHODE ISLAND)
) ss.
COUNTY OF PROVIDENCE)
The foregoing instrument was acknowledged before me by Richard M. C. Glenn as
Trustee under Trust Agreement dated March 19, 1976 with Fred M. Seed, as Donor, for James
Michael Seed.
Notary Public
DEVELOPER:
ASTRA GENSTAR PARTNERSHIP. LLP
By:
Its
By:
Its
130712v08.
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA)
On this _ day of , 2008. before me a Notary Public within and for said
County, personally appeared , to me personally known, who being each by
me duly sworn, did say that he is the of
the corporation named in the foregoing instrument, and that said instrument was signed and sealed in
behalf of aid corporation by authority of its Board of Directors.
Notary Public
130712yJ)8
CITY:
By:
Kevan A. Soderberg
Its Mayor
By:
Peter J. Herlofsky
Its City Administrator
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
On this _ day of , 2008 before me a Notary Public within and for said
County, personally appeared and , to me
personally known, who being each by me duly sworn, each did say that they are respectively the Mayor
and Clerk ofthe City of Farmington, the municipality named in the foregoing instrument, and that the seal
affixed to said instrument was signed and sealed in behalf of said municipality by authority of its City
Council.
Notary Public
13Q712vQ~
EXHIBIT A
LEGAL DESCRIPTION OF SUBJECT PROPERTY
The South Qne-Halfofthe Southeast Qne Quarter of Section 7. Townshio 114. RanJ,te 19.
according to the Goyernment Surye.YJhereof. DaJillla County. Minnesota.
AND:
The Northwest Qne Quarter. the Northeast Qne Quarter. the Southeast Qne Quarter and the
Southwest Qne Quarter. all in Section 18. Township~ange 19. acc-<lliliDQ to the
Goyernment Suryey thereof. Dakota County. Minnesota.
AND:
The Northwest Qne Quarter and the Northeast Qne Quarter of Section 19. Townshio 114. RanQe
19>-ac~ing tQJhe GoYernment Suryey thereof. Dakota County. Minne..s.Qta.
pXCEPT the followingJiescribed lli!rcels:
That part.-clJh.e NQJ1heast Quarter and the Northwest Quarter of Section 19 and the Southwest
Quarter and.the Northwest Quarter QfSection 18~allin Townshin 114>-Range 19~Dakota
(:gunty. Minn.e?ot~. d~?c;.ribed as follows:
Commencing at the East Quarter Corner of said Section 19: thence North 89 degrees 59 minutes
J.2...se.c.Qn.ds Wes1. assumed bearinQ. alon~e south line of~rtheast Quarter of Section 19,
a distance of 1839.93 feet to the easterly riQht-of-way line of ChicaQo. Milwaukee & St. Paul
Railwy CQ!1lQaHund..1he.-a.ctlli!.Lpoint ofbeginninQ of the land to be described: thence North 89
degrees 59 minutes 19 seconds West. continuing alonQ said south line. a distance of 107.88 feet
lQ.Jhe we.s.teIJ.Y.Iigh~yJjne of said ChicaIN, Milwau.ke.e & St. Paul Railway Com~
thence North 22 degrees 01 minutes 4] seconds West. along said westerly right-of-way line. a
distall~e.J2LZ.S.32.15 feet to the north line of said Northwest Quarter of Section] 9: thence North
S2...d.e.Qrees 47 minutes 56 seconds West. along said north line and continuinQ alonQ said westerly
tight-of-way lio.e~a..d.lllilnce of 16.20 feet: thence North 22 degrees 0 I minutes 41 seconds West...
continuing along said westerly right-of-way line. a distance of 1.433.45 feet to the north line of
t.h.e...Sill!theast Quarte.r..cl.s.aid Southwest Quarter of Section] 8: thence North 89 degrees 49
minutell4..seconJl~. aJ.onj:Lsaid north line and c.ontinuing along said westerly right-of-way
line. a distance of 16.20 feet: thence North 22 degrees 01 minutes 41 seconds West. continuin~
aJ.Q..I.1K..s.aid w.e..s.ter1Y right=Qf-way line. a distance of ] .433.0 I feet to the north line of said
Southwest Quarter of Section 18: thence North 89 degrees 50 minutes 32 seconds West. alonQ
sakLll.Qrlhline_alli!~ntinuin\UllonQ said wester]~.J:iJd1t-of-waY line..JLdistance of 21.60 feet~
thence North 22 degrees 0 I minutes 41 seconds West. continuing along said westerly right-of-
w.aY Une..J\.dillan.ce of 835.90 feet.;. thenc~ northerly. continuinQ along said westerly dght-of-way
line. along a tangential curye. concaye to the east. haying a central angle of 0 I degrees 52
mi.Jw.1~C.Q1Lds....J\ radius of 3.920.92 feet and an arc distance of 128.62 feet: thence Nortb...Q2..
geQrees 51 minutes 05 seconds East. continuing alonQ said westerly right-of-way line. not
tanf.t.enUQ...sajd last CJJrYe~a distance of 50.00 feet: thence northerly. continuing alonQ said
westerly riQht-of-way line. along a non-tangential curye. concaye to the east. haying a central
130712v08
angle of34 degrees 11 minutes 01 seconds. a radius of2.915.51 feet and an arc distanc~
1. 739.43 feet. the chord of said cJ,lfVe bears NQrth 03 de,gn~es 03 mimlt.e~25 se.coJ1ds WesUQJhe
north line of said Northwest Ouarter of Section 18: thence South 89 degrees 53 minutes 09
second~st. along said north lin~ n..Q11angenU!Lilld laMJ;urveJ\ distance of I 03.14 fee!J~s.aid
easterlv right-of-wav line of Chicago. Milwaukee &. St. Paul Railwav ComDanv: thence
sQYtherJY~~!Uaid~~rly.-ri,g~yJj~Jllm1R-a_!1on::tangentiaLcJ!!Ye._CQ!K.~-1QJh.e_eas.t.
having a central angle of)6 degrees 56 minutes 0 I seconds. a radius of 2.8 15.51 feet and.Jl.ll.JlK
distance of 1.323.51 ket to the north line of the Southwest Ouarte~aid Northwest Ouarter of
Section 18....Jhe chord of said curVe bears South 0 I degrees 04 minut.es 24 seconds We.st;Jhence
South 89 degrees 51 minutes 50 seconds East. along said north line and continuing along said
eJlsterly riRbt-of-wav line. not tangent to said last curVe. a distal1ce~24 feet; thenc.e_
southerly. continuing along said easterlv right-of-wav line. along a non-tangential curve. concave
to the.-e..ast. having a central allRle of 07 degrees 31 minutes 29 seconds. a radius of 2.765.51 feet
and an arc distance of 363.19 feet. the chord of said curve bears South 16 degrees 23 minutes 10
seconds East: thence southerly. continuing along said easterlYJight-of-way line. alon!Ul
tangential comDound curve. concave to the east. having a central angle of 0 1 degrees 52 minutes
46 seconds. a radius of 3.720.92 feet and an arc distance of 122.06 feet: thenGe.-S.o.uth 22 deRrees
o I minutes 41 seconds East. continuing along said easterlv right-of-wav line. tangent to said last
cJ!!Ye. a distance of2..350.54 feet to the said north line ofthe-.S.outheast Ouarter ofthe..-Silllthwe.sL
Ouarter of Section 18: thence North 89 degrees 49 minutes 14 seconds West. alonlLS..aid north
line and C..Qntinuinulo!llUaid easterly right-of-wav line. a distance of 54.0 I feet: thence South
22 degrees 0 I minutes 41 seconds East. continuing along said easterlv right-of-wav line. a
distance of 4..212A2feet to the point ofbeginnjng,
AND:
That Dart of the Northeast Ouarter of Section 19. TownshiD 114. Range 19. Dakota County.
Mjnnes.oJa. d.es-Grilled as follows:
fugLI)Jili!gJlUhe Eas.lQlliLrter Corner of said Section 19: thence North 00 degrees 02 minutes 17
seconds East. assumed bearing. along the east line of said Northeast Ouarter of Section 19. a
djst.ance.-aJ..8.21.1lQ f!~et tQJhe...llQrth line.-aiEERCINE LOTS 2ND ADDITION: thence North 89
~grees 59 minutes 19 seconds West. along said north line and its westerlv extension. a distance
of 1.025.66 feet; thence South O~rees 02 minutes 17 seconds West. a distance of203.50 feet:
thence South 89 degrees 47 minutes 01 seconds East. a distance of50.06 feet: thence South 00
d.egrees QQ Injn.ules.A.Lseconds West. a distance of53.40 feet~hence North 89 degre.es.22...
minutes 19 seconds West. a distance of 180.09 feet: thence South 00 degrees 02 minutes 17
seconds We-5h_<Ldist.ance.Jlf209.92 feet: thence North 89 degrees 59 minutes 19 seconds West. a
dis.tanGe of K58.5.1ieet to the easterlwght-of-waY line of Chicago. Milwaukee &. St. Paul
Railway ComDJlID''; thence South 22 degrees 0 1 minutes 41 seconds East. along said easterly"
right:.of-waY Line. a distance of 463.90 feet to the south line of said Northeast Ouarter of Section
19: tl1.ence South 89 degrees 59 minutes 19 seconds East. along said south line. a distance of
l.8.3.2.21ie.etJo....1h~oinl..Q[ beginning.
130712v08
EXHIBIT B
FAIRHILL DEVELOPMENT FEE ACREAGE
DEVELOPMENT DATA
Total Platted Area:
Less Highway 3 ROW
Less 195th ROW
Less RR Outlot
Less Floodolain
Le~Jlands
965.01 acres
14.44 a~
19.69 acres
0.76 acres
132.11 acres
26.74 acres
Total Development Fee Acrealle Less Public Park Dedication ..s66.13acre~
130712v08
_ - Deleted: L.eliR~Jllilnill~lk 4' aCle"
~l&~5_Ce!)lratJ'ltlk_a!)d-NeigJ)bllJI129lt
EarIillIrnils 48 6 3C'~
I eS5 St~...sIQJ1es within Central
" Park. 1I.9.73c'e5
i Deleted: ~
EXHIBIT C
PUD PLANS
PUD PLAN SUBMIlT AL COVER SHEET (PUD-OO)
SITE CONTEXT - CUL TURAL FEATURES (PUD-O 1)
NATURAL FEATURES- SLOPE ANALYSIS (PUD-02)
195TH STREET PLAN (PUD-03)
NEIGHBORHOOD AND opm SPACE PhANFRAMEWORK (PUD-04)
SITE PL^.N (PUD 05)
pROPOSED COMPREHENSIVE PLAN AND PUD SCHEMATIC Dk\GRf.MAMENDMENT
(PUD-05)
CONCEPT SITE PLAN (PUD-06)
PHASINGOPEN SPACE AND AMENITIES PLAN (PUD-07)
/\MENITIES FR.^.MEWORK PL.^.NROADW A Y TYPOLOGY (PUD-08)
OPEN SPACE ,^.ND NORTH CREEK CORRIDOR PL.\}! (PUD 09)
lill.AJ2WAY TY..P~LQQY (PUD-O-.2)
RO,^.D\V AY TYPOLOGYEXISTING CONDITlilliS(PUD-IO)
ROAD'}.'.^. Y TYPOLOGYEXLSIlli.G..Cill:H2.IT1Q1':{S (PUD-11)
EXISTING CONDITIONOCONCEPT SITE PLAN (PUD-12)
EXISTING CONDITIONSCONCEPT SITE PLAN (PUD-13)
8-I+EGRADING PLAN (PUD-14)
SI+EGRADING PLAN (PUD-15)
GRADINGll..1:1L..U_Y PLAN (PUD-16)
GR.\DINGll..TLlITY PLAN (PUD-17j
UTILITY PLAN (PUD 18)
UTILITY PLAN (PUD 19
1307J2v.0.8
PRELIMIN:\RY PL^.NS PHASE I SUBMITTAL (P 00)
COVER SHEET (P-OO)
OVERALL PLAN (PS-OI)
EXISTING CONDITIONS - PHASE I (PS-02)
PRELIMINARY SITE PLAN - PHASE I (PS-03)
PRELIMINARY P:\RKINGSITE PLAN - PHASE I (PS-04)
PRELIMINARY PLAT - PHASE I (OVERALL) (PP-OI)
PRELIMINARY PLAT - PHASE I (INSET) (PP-021
PRELIMINARY PLAT - PHASE J (INSET) PP-03)
PRELIMINARY GRADING PLAN - PHASE I (PG-OJ)
PRELIMINARY GRADING PLAN - PHASE I (PG-02)
PRELIMINARY GRADING DETAILS (PG-03)
PRELIMINARY STREET PROFILES - PHASE I (PR-OJ)
PRELIMINARY STREET PROFILES - PHASE J (PR-02)
PRELIMINARY UTILITY PLAN - PHASE J (PU-OJ)
PRELIMINARY UTILITY PLAN - PHASE I (PU-02)
PRELIMINARY UTILITY PLAN - PHASE J (PU-03)
PRELIMINARY INFO CENfER BUILDING PLAN (P,^. 0 J )PRELIMINAR Y AND HOA
BUILDINGIlLD_G~ PLAN (PA-~Ql)
PRELIMINARY MONUMENT PLAN (PA-(BQl)
PRELIMINARY LANDSCAPE PLAN - PHASE I (PL-OJ)
,
PRELIMINARY LANDSCAPE PLAN - PHASE I (PL-02)
130712\'08
EXHIBIT C
IMPROVEMENTS SCHEDULE
130712\'08
RESPONSIBLE
h- ON SITE COMPLETION DATE PARTY
-h street grading gravel Base and within ane (1) year alter FIH^.L Dev. X. Corp.
drainage PLI'.T appnwal
2- street bituminous surfaoing, within tv/o (2) years after FINAL Dey. X. Corp.
concrete curb and gutter PL^.T approval
;. storm water improvements; within (2) year after FIN.^.L Dev. X. Corp.
wetland fill and preteotion PL.^. T approval
4.- lateral sewer ana water lateral and within one (I) year after FINt.L Dev. X. Carp.
trunk Jines and service Jines PLI'.T approval
~ street signage and street lighting within two (2) years after FIN.^.L Dev. X. Carp.
PLAT approval
6:- trails and side'Nalles within see .\rticle 13 De'l. X. Corp.
Development as shown on Trail
Plan
RESPONSIBLE
Ih OFF SITE/ON SITE COMPLETION DI'.TE ~
-h PR.^.IRIE '.v ^ TER W A Y/stonn City Elf FanniRgton
.....ater improvements
2- Trunk Sanitary Sewer, ana lateral City Elf Fannington
and serviees immediately adjaeent
to Trunk Sanitary Sewer
;. Watennain City of Fanning ton
4.- Street Conneetions tEl T.H. 3 City Elf FanniRgton
~ Wetland improvements, City of Fannington
mitigation aRd replacement for
Basins .\, B, and C
6:- Trails and side'Nalles in Paries and within X L-) years after City of Farmington
PRi'.IRIE WI'.TERWt.Y FIN.\L PLACE appro'/al
1307J2v08
EXHIBIT D
METROPOLITAN COUNCIL LAND USE SUMMARY
MjXJ~dJJse .cQm!.ueJ:c:iaJiResi clential
Low Densitv Residential
~m Dens.~esidentia1
M ~d iumJ2ensity Re.sidential
fuJili.c/Sem i - P uJiliJ;;
130712v08
22
513.2
45
LW
42.3
5
210.5
965
RESIDENTIAL LAND USES ONLY
80-2.QO
513-1.796
1,0-3,5 u!1it!)/acre
113-248
2.5-5.5 units/acre
6.60- ! ,6..8.Q
5.5-14.0 units/acre
NA
NA
NA
1 3 6-3 896
1307.l2v08
EXHIBIT E
FAIRHILL MINIMUM LOT SIZE AND DESIGN STANDARDS
EXHIBIT F
FAIRHILL PARK PLAN AND OPEN SPACE
December 31. 2007
FAIRHILL PUD SUMMARY
965 Acres Site Area
391 Acres
Total Ooen Soace
574 Acres
Developed Land
CITY PARK LAND DEDICATION REOUIREMENT
Residential Area:
744 Acre~ Net DeveloRable AreJl Ctotal ~ite less :Wetlands~steeJ2 sIQm~s.l1Q9dRlain,_
195th ROW. Highway 3 ROW. CommerciaU
2.8 - 3....5---Y12a Units Per ne.t acre based on~nt Plan
89.28 Acres Residential Park Dedication Requirement (12%)
Commercial Area:
25.6 Acres Commercial Develooable
J~28--A-cres Commercial Park Dedication ReQUirement
90.56 Acres Total Park Dedication Reauirement
NEWLAND'S PROPOSED PARK/OPEN SPACE AREA
91 Acres Develooable Land Area Identified for Public Park Dedication
42 Acres SW Community Park
38 Acres Central Park (doe~ot incl ude steeo stooes of 11.97 acreS
2 Acres North Falm Park
3 Acres The ilichard.s.Eark
6 Acres Trailway Area (aooroximately 5 miLes.illllsi~alre.adXJledicated areas
Ab.QytJ12 Acres
Pri vate_J2at:kLQR~acel creek corri dor/wetland/fl oodda i n
263 Acres
TOTAL OPEN SPACE AND PARK AREA
130712v08
EXHIBIT G
FAIRHILL - PARK DEDICATION TABLE
Januarv/8/08
Park Descriotion Dedication Current Date of Most Recent
Arl'3 (Al'.) Dedication Dedication Inifulls
SW C:ommunitv p(lrk 42,
- . - ~ - -. . -....
Central Park 38
liQrth Farm P..3rk 2
The Orchards Park 3.
ItaiL.!:\re.aJQutside.oarks) 6
Th1al 21
Reauired Park Dedication 90.6
* Anv credits for dedication/donation of nark area to City will be discussed at time of transaction.
] 3.07J2v08
EXHIBIT H
OWNER
James M. Seed. as Trustee of the Fred M. Seed Livin!.! Trust of 1979. Under that
Certain Trust Agreement Dated March 23. 1979. as Amended. With Fred M. Seed
9.LD(LI1Qr. With J:ull Power to Act For All Trustee.LU.nd~r a Delega1iQn~fL(!Jslees'
Powers Dated Seotember 17. 1979. as Modified bv a Dele!.!ation of Trustees'
Powers Dated June 8.1982
1307121'08
~~
1307.12v08
EXHIBIT I
PLANNED UNIT DEVELOPMENT CONTRACT
FOR FAIRHILL PROJECT
DEVELOPMENT CONTRACT FOR PLATS
MARCH _,2007
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Document 2 PowerDocs://docs/130712/4
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130712v03
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