HomeMy WebLinkAbout10.10.08 Work Session Packet re East Farmington
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
DECEMBER 10, 2008
5:30 P.M.
CITY COUNCIL CHAMBERS
1. CALL TO ORDER
2. APPROVE AGENDA
3. DISCUSS EAST FARMINGTON
4. ADJOURN
PUBLIC INFORMATION STATEMENT
Council workshops are conducted as an iriformal 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,
fhmnas J.
N. Knutson
Thomas
Andrea l)oehlcr
Soren Mattick
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Fax 651..-452-5550
CAMPBELL KNUTSON
Professional Association
***
Direct Dial: (651) 234-6219
E-mail Address:jjamnik@ck-law.com
November 21,2008
Dennis M. Hansen, CMCA
East Farmington Homeowners Association, Inc.
3300 Edinborough Way, Suite #202
Edina, Minnesota 55435
Dear Mr. Hansen:
Thank you for your letter dated November 11th. The City Council discussed your
letter briefly at the Council meeting Monday, November 17th and determined that the
matter should be brought to a future Council workshop, probably sometime in
December.
In order to provide the appropriate level of background for the Council to fully
evaluate the circumstances and your requests, please forward any judicial orders or
settlements involving the East Farmington Homeowners Association ("HOA"), the 66
homeowners in the 4th Addition, Siena Corporation and any other persons.
This information is essential if the Council is to effectively evaluate the fmancial
burden on the HOA and the expectations of the 66 homeowners in the 4th Addition.
In your first paragraph, you allege City responsibility for not checking on the
recording of documents that address the respective responsibilities of Siena, the HOA,
and successor owners (but not the City), and allege liability against the City for not
monitoring these private legal relationships following development approvals. Please
provide an explanation why the HOA did not previously seek to assert these claims as
part of the litigation activities involving either the 4th Addition residents or Sienna.
With regard to your second question regarding the Board's ability to sell the park land,
I believe we previously provided you or your counsel with copies of the recorded
planned unit development agreement and development site plans. Please let me know
if I am in error or if you need additional copies.
Regarding the HOA's decision to not plow or maintain the private streets within the
4th Addition, has the HOA similarly informed the residents abutting Aspen and Birch
Courts of that decision?
Dennis M. Hansen, CMCA
East Farmington Homeowners Association, Inc.
November 21,2008
Page 2
Please provide copies of the requested documents and your responses as soon as
possible in order for us to provide Council with the information.
Sincerely,
CAMPBELL KNUTSON
Professional Association
B~
Joel J. .
JJJ :sm
cc: Farmington Mayor and City Council
Peter J. Herlofsky, City Administrator
Page 1 of3
Message
Cindy Muller
From: Joel Jamnik
Sent:
To:
Cc:
Wednesday, November 15,20063:09 PM
JGould3153@aol.com
Peter Herlofsky; Christy J. Fogarty [External Email Account]; Robin Roland; Lee Mann; Kevan
Soderberg (Council); Christy Fogarty; David McKnight; David Pritzlaff; Steve Wilson
subject: RE: East Farmington Homeowners Association.
Mr. Gould:
City Administrator Herlofsky and Councilmember Fogarty asked me to follow-uP with you regarding your
questions regarding the East Farmington development.
Our office was retained as City Attorney early in 1998, but the files transferred from the previous firm indicate
that the primary Planned Unit Development Contract for the East Farmington Project was recorded with Dakota
County on 3/29/95 as document 1271389 and the Declaration of Easements and Protective Covenants was
recorded 4/17/96 as document 1342048, The essential provisions of the PUD (an agreement between the City
and the Developer) include Section 2.4 (pages 2-4) that provides that the Restrictive Covenants and other
homeowner association related documents must include provisions "controlling the use and maintenance of the
land within the particular PHASE" and "shall provide for... maintenance of the block parks by the association,
which shall include a mechanism which allows the CITY to specially assess the association or the individual
abutting lot owners for maintenance of the block parks within each block and further provides that the
association may assess those charges against individual lots," The documents shall also insure the continued
maintenance of common areas, if any, within each PHASE"
Article IV, Section 1 (page 6) of the Restrictive Covenants provides: "The Association shall (i) maintain, repair,
and replace landscaping on Common Areas, including landscaping on Entrance Monument Easement Areas...
(iv) perform landscaping or other repair, maintenance or replacement as required by any applicable
governmental authority with respect to stormwater drainage, ponding, catchment or similar areas..,and (vi)
maintain each Block Park and the improvements thereon at a level as determined by the Association or, at
such increased level of maintenance as is acceptable to the subject Block Park Residents provided such Block
Park "Residents have agreed to pay for any increased costs attributable to such increased maintenance by
payment of a Special Block Park Assessment. Please note that the capitalized words in these quotes are
defined terms and have to be read in conjunction with the definitions provided for in the documents: for
instance, the term "Assessment" above refers to an assessment by the Association, not the City, although
Section 5 of that same Article later indicates that the City, upon certain conditions including a petition from 2/3
of the Block Park Residents, may assess Block Park Residents directly if the Association fails to meet its
obligations,
As I read these documents, the primary responsibility for maintenance of the Block Parks is the homeowners'
association, with a back-up financing mechanism allowing residents to petition the City for assistance in
apportioning costs to the abutting property owners if tbe Association doesn't meet its obligations.
You also asked whether changes were authorized to these documents. As far as I know, there have been no
changes to the original PUD. However, given the mix of public and private infrastructure and amenities,
coupled with the mix of public, association, and resident responsibilities, as development occurred in
subsequent phases of the project there was a need for categorizing of these areas and facilities as public or
private, since repair and maintenance obligations followed this categorization. In the review of the Fourth
Addition, for instance, there was a question regarding the nature and number of the accesses to County Road
72. At its December 1, 1997 Council meeting, the Council reviewed and approved the plat application which
proposed two private drive accesses onto County 72, As private drives, Birch Court and Aspen Court would be
private drives maintained by the Homeowners Association, Consequently, City crews do not plow these
private roads. Each of the individual phases of the project involved a separate review and approval process,
including individual development contracts, So while the original PUD was not changed or amended,
12/5/2008
Message
Page 2 of3
it undeniably affected, and was affected by, succeeding phases,
There also was an issue in 1999 regarding the drainage and utility easements providing access to the
interior Block Parks. A letter of understanding between Siena and the City at that time clarified that the public
side yard easements in previously approved and future phases would be reduced in size and that the
future maintenance responsibilities for the storm drainage improvements within these easement areas serving
the interior parks would be the responsibility of the Association. Copies of the original documents and the
succeeding documents addressing these matters have previously been provided in January 2002 to Mr. Chad
Johnson, then attorney for the HOA If those documents have been misplaced or lost, please contact me
directly and I will try to find and provide what you are looking for. Additionally, if it would interest you, I have the
document files regarding the development available for inspection and copying at my office.
Please contact me directly if you have any further questions or concerns regarding this matter.
Joel J. Jamnik
Campbell Knutson, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Direct Dial: 651- 234-6219
Fax: 651-452-5550
Email: jiamnik@ck-Iaw.com
CONFIDENTIALITY NOTICE:
Information contained in this e-mail transmission is privileged, confidential and covered by the Electronic
Communications Privacy Act, 18 U,S.C. Sections 2510-2521.
This email is not, nor shall it be deemed to be, legal advice or counsel, unless the recipient already has an
attorney-client relationship with the firm or me. This email does not create an attorney-client relationship,
If you are not the intended recipient, do not read, distribute, or reproduce this transmission,
If you have received this e-mail transmission in error, please notify us immediately of the error by return email
and please delete the message from your system.
Thank you,
-----Original Message-----
From: JGould3153@aol.com [mailto:JGould3153@aol.com]
Sent: Friday, October 13, 2006 5:57 AM
To: Peter Herlofsky
Subject: East Farmington Homeowners Association.
We have been billed for the past 8 years for what after reviewing the PUD contract appears to be unlawful
assessments for the maintenance of block parks, The PUD clearly states that the assessments be billed to the
homes abbutin the block parks. We have filed suit for the recovery of these funds. The City Attorney is required
to review this document prior to its final approval. Our question is : Did the City of Farmington allow deviations
from this document?
Dakota County has no records of any filings nor does the state have any articles of correction documents as
required by Minn Stat 5-16, The Declarant, Rodney Hardy also failed to establish the Park Fund of $140,000
dollars and has not placed the monument as required of the PUD. According to my info the City of Farmington
shares responsibility for compliance. Please Inform as to wheat her changes were authorized, Scheduled Court
date is 12 Dec 06.
12/512008
Message
Page 3 of3
Thank you.
Johnie J, Gould
610 9th St
Farmington, Mn,
12/5/2008
.. /
;.l/I
1
",
DeS 37985.12
Draft 2/1/95
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t'alJrdtld q,.t- C o (Od 'I - 51
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PLANNED UNIT DEVELOPMENT CONTRACT
FOR EAST FARMINGTON PROJECT
(
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.'
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..'I'
ARTICLE 1
ARTICLE 2
2.1
2.2
2.3
2.4
2.5
ARTICLE 3
3.1
3.2
3.3
ARTICLE 4
4.1
4.2
ARTICLE 5
5.1
5.2
5.3
5.4
ARTICLE 6
6.1
6.2
6.3
6.4
ARTICLE 7
7.1
7.2
7.3
7.4
7.5
7.6
DCS 37985.12
Draft 211195
INDEX TO CITY OF FARMINGTON
PLANNED UNIT DEVELOPMENT CONTRACT
FOR EAST FARMINGTON PUD
RECITALS ..................................... 1
PUD ZONING . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . .. 3
PUD ORDINANCE - FINDINGS ....................... 3
DEVELOPMENT AND LAND USE ..................... 3
DENSITY . . . . . . . .'. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3
RESTRICTIVE COVENANTS .......................... 3
CHANGE OF ZONING ............................. 4
PUD PLANS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4
APPROVAL OF PUD PLANS ................. . . . . . . .. 4
PUD PLANS CONTROL DEVELOPMENT . . . . . . . . . . . . . . . .. 4
PUD CONTROLS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4
PRELIMINARY AND FINAL PLATS, PHASE I ............. 4
APPROVAL OF PRELIMINARY PLAT . . . . . . . . . . . . . . . . . .. 4
FINAL PLAT, PHASEIARECORDING .................. 5
RELATIONSHIP OF PUD PLANS TO FINAL PLAT
PLANS AND FINAL PLATS . . . . . . . . . . . . . . . . . . . . . . . . .. 5
PHASING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5
FINAL PLATS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5
RELATIONSHIP OF PUD PLANS TO FINAL PLATS . . . . . . . . .. 5
INCONSISTENCY AMONG PUD CONTROLS .............. 6
RELATIONSHIP OF PUD CONTRACT TO SUBJECT
PROPERTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6
RELATIONSHIP OF PUD CONTRACT TO SUBJECT
PROPERTY . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . .. 6
CHANGE OF ORDINANCES ......................... 6
CHANGE OF PVD' CONTRACT AND. DEVELOPMENT
CONTRACT .................................... 7
RELATIONSHIP TO OTHER DEVELOPMENT PROPERTY . . . . .. 7
STREETS .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7
DEDICATION OF STREETS. . . . . . . . . . . . . . . . . . . . . . . . .. 7
PLANS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8
MINIMUM PAVEMENT WIDTH . . . . . . . . . . . . . . . . . . . . . .. 8
TESTING .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8
GRADING STREETS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8
STREET SIGNS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8
..
,/
/ 7.7
7.8
7.9
ARTICLE 8
8.1
8.2
8.3
8.4
8.5
ARTICLE 9
9.1
9.2
9.3
ARTICLE 10
10.1
10.2
10.3
10.4
ARTICLE 11
11.1
11.2
11.3
11.4
ARTICLE 12
12.1
12.2
12.3
12.4
12.5
ARTICLE 13
13.1
13.2
13.3
13.4
ARTICLE 14
14.1
Des 37985,12
Draft 211/95
BOULEVARD AND AREA RESTORATION. . . . . . . . . . . . . . ., 8
SUBDIVISION MONUMENTS . . . . . . . . . . . . . . . . . . . . . . . .. 8
CONSTRUCTION, TIMING AND FINANCIAL ASSURANCE .... 8
UTILITIES .....................................9
INSTALLATION OF UTILITIES WITHIN THE PHASE. . . . . . . .. 9
STANDARDS ......................."............ 9
TIMlNG . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9
FINANCIAL ASSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . .. 9
TRUNK SANITARY SEWER AND WATERMAIN . . . . . . . . . . .. 9
STORM SEWER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
STORM SEWER PLAN ............................. 10
TIMING. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . .'. . 10
RESPONSIBILITY FOR CONSTRUCTION . . . . . . . . . . . . . . . . . 10
GRADING - DRAINAGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
GRADING PLAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
TIMING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
RESPONSIBILITY FOR CONSTRUCTION . . . . . . . . . . . . . . . . . 11
PREPARATION OF FINAL PLAT PLANS FOR GRADING. . . . .. 11
WETLANDS ................... . . . . . . . . . . . . . . . . . 11
WETLAND. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
TIMING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
RESPONSffiILITY FOR CONSTRUCTION . . . . . . . . . . . . . . . . . 11
COMPLIANCE WITH WETLAND PERMITS ............... 12
PARK DEDICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
PARK DEDICATION - CONTRIBUTION REQUIREMENT ...... 12
MANNER OF CONVEYANCE ........................ 12
TIMING OF PARK IMPROVEMENTS . . . . . . . . . . . . . . . . . . . . 12
DEVELOPER OBLIGATION FOR SPECIAL ASSESSMENTS ON
PARKS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
PARK GRADING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
TRAILS ...................... . . . . . . . . . . . . . . . . . 13
TRAIL PLAN ................................... 13
TIMING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
CONVEYANCE OF TRAILS . . . . . . . . . . . . . . . . . . . . . . . . . . 13
RESPONSffiILITY FOR CONSTRUCTION . . . . . . . . . . . . . . . . . 13
OTHER PERMITS ................................ 13
PERMITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
ii
ARTICLE 15
15.1
15.2
15.3
15.4
15.5
15.6
ARTICLE 16
16.1
16.2
16.3
ARTICLE 17
17.1
17.2
17.3
17.4
ARTICLE 18
18.1
18.3
18.4
18.5
ARTICLE 19
19.1
19.2
19.3
ARTICLE 20
20.1
20.2
20.3
20.4
20.5
20.6
20.7
20.8
20.9
20.10
20.11
20.12
20.13
20.14
OCS 37985.12
Draft 211195
pUBLIC IMPROVEMENTS . . . . . . . . . . . . . . . . . . . . . . ; . . . . 14
AFPROV AL OF CONTRACTORS AND ENGINEER. . . . . . . . . ., 14
TIMING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
CONSTRUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
INSPECTION ................................... 14
FAITHFUL PERFORMANCE OF CONSTRUCTION
CONTRACTS ................................... 14
CITY ACCEPTANCE .............................. 14
RESPONSIBILITY FOR COSTS . . . . . . . . . . . . . . . . . . . . . . . . 14
PHASE IMPROVEMENT COSTS . . . . . . . . . . . . . . . . . . . . . . . 14
COSTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
TIME OF PAYMENT .............................. 15
,
INDEMNlFICATION OF CITY ........................ 15
INDEMNIFICATION OF CITY ........................ 15
NOTICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
DEFENSE OF CLAIM. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
CITY WILLFUL VIOLATION. . . . . . . . . . . . . . . . . . . . . . . . . 16
CITY REMEDIES UPON DEFAULT. . . . . . . . . . . . . . . . . . . . . 16
CITY REMEDIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
NO ADDITIONAL WAIVER IMPLIED BY ONE WAIVER. . . . . ., 18
NO REMEDY EXCLUSIVE .......................... 18
EMERGENCY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS ..... 18
ADDITIONAL IMPROVEMENTS . . . . . . . . . . . . . . . . . . . . . . . 18
OBLIGATION FOR PAYMENT OF SPECIAL ASSESSMENTS. .. .. 18
PAY-OFF OF ASSESSMENTS. . . . . . . . . . . . . . . . . . . . . . . . . 19
MISCELLANEOUS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
NO THIRD PARTY RECOURSE ....................... 19
VALIDITY ..................................... 19
FEDERAL AGENCIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
RECORDING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
BINDING AGREEMENT ............................ 19
CONTRACT ASSIGNMENT. . . . . . . . . . . . . . . . . . . . . . . . . . 19
AMENDMENT AND WAIVER ........................ 19
GOVERNING LAW ............................... 20
COUNTERPARTS ................................ 20
HEADINGS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
ACCESS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
CONVEYANCES ................................. 20
FULFILLMENT OF CONTRACTS TO PURCHASE . . . . . . . . . . . 20
DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
iii
EXlllBIT A - SUBJECT PROPERTY
EXHIBIT B - PUD PLANS
1.. Preliminary Overall Drainage Plan, dated October 19, 1993, revised
February 25, 1994
2. Preliminary Overall Utility Plan, dated October 19, 1993, revised
March 31, 1994
3. Schematic PUD, approved by the City Council on November 10, 1994
4. Revised Preliminary Plat, East Farmington 1st Addition, November 17,
1994
EXlllBIT C - PUBUC IMPROVEMENTS SCHEDULE
1. Off-Site
2. On-Site
EXHIBIT D - FORM OF DEVELOPMENT CONTRACT FOR PLATS
EXlllBIT E - DEPICTION OF HED PROPERTY
EXHffiIT F - DEPICTION OF OTHER DEVELOPMENT PROPERTY
EXlllBIT G - T.H. 3 ULTIMATE DEVELOPMENT'
EXlllBIT H - UST OF OWNERS OF SUBJECT PROPERTY
Des 37985.12
Draft 2/1195
iv
'I
\:
CITY OF FARMINGTON
PLANNED UNIT DEVELOPMENT CONTRACT
FOR
EAST FARMINGTON PROJECT
TIllS PLANNED UNIT DEVELOPMENT CONTRACT (lIpUD CONTRACTII), made
and entered into and effect.ive on this 2nd day of February, 1995, by and among the City of
Farmington, a Minnesota municipal corporation; hereinafter referred to as the II CITY , II and
Sienna Corporation, a Minnesota corporation, hereinafter referred to as the IIDEVELOPER, II
and the owners hereinafter identified on the attached Exhibit H and referred to as the
1I0WNERS.1I 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 OWNERS and DEVELOPER hereby agree as follows:
ARTICLE 1
RECITALS
Recital No. 1. The DEVELOPER has applied to the CITY for preliminary plat and
preliminary development plan approval of the SUBJECT PROPERTY in accord with the PUD
PLANS for the EAST FARMINGTON PUD PROJECT.
Recital No.2. The DEVELOPER has applied to the CITY for a zoning designation and
applicability of the PUD ORDINANCE to the SUBJECT PROPERTY.
Recital No.3. In conjunction with the granting of these approvals, the CITY requires
the installation and/or availability of various streets, utilities, trails, ponds, parks, and other
facilities.
Recital No.4. Under authority granted to it, including Minnesota Statutes, Chapters 412,
429 and 462, the COUNCIL has approved the 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 SCHEMATIC PUD PLAN, the
PRELIMINARY PLAT, and the other PUD PLANS and the zoning designation under the PUD
ORDINANCE for the SUBJECT PROPERTY and further defmes the work which the
DEVELOPER shall undertake to complete within the boundaries of the SUBJECT PROPERTY.
Des 37985.12
Draft 211195
1
Recital No.5. The CITY has prepared an Environmental Assessment Worksheet for the
EAST FARMINGTON PUD PROJECT and has adopted a negative declaration pursuant to
Minnesota Rules, Section 4410.1700, Subp. 3.
Recital No.6. The DEVELOPER holds an ownership interest in all the SUBJECT
PROPERTY, either by means of being the fee owner or by means of being a contract vendee
option holder, or pursuant to a purchase agreement, except for the Other Development Property .
Recital No.7. The OWNERS of the SUBJECT PROPERTY, except for the OTHER
DEVELOPMENT PROPERTY, jointly and severally, agree to the regulatory controls and the
restrictions on DEVELOPMENT that are imposed by this PUD CONTRACT. The OWNERS
acknowledge and understand that this PUD CONTRACT imposes significant restrictions and
obligations on the DEVELOPMENT of the individual PARCELS and the SUBJECT
PROPERTY as a whole and accept such restrictionS. The obligations of the DEVELQPER are
not those of the OWNER, unless the OWNER engages in DEVELOPMENT. .
Recital No.8. The DEVELOPER, the OWNERS and the CITY intend that the
SUBJECT PROPERTY will be developed and used as the EAST FARMINGTON PUD
PROJECT in accordance with the PUD CONTROLS.
Recital No.9. The SUBJECT PROPERTY comprises approximately 176 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.
Recital No. 10. The entirety of the SUBJECT PROPERTY, except for OTHER
DEVELOPMENT PROPERTY, will be finally platted, with PHASE IA in lots and blocks, and
the remainder in outlots. The outlots will be later submitted for PREUMINARY and FINAL
PLAT approval into lots and blocks. Because the EAS'I: FARMINGTON PUD PROJECT is
being developed in phases, the FINAL PLAT and FINAL PLAT PLANS for any particular
PHASE, portion of a PHASE, or combination of PHASES will also be done in phases. 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. Nothing
contained in this 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. The
parties acknowledge and agree that the PUD PLANS will have to be supplemented and refmed
and FINAL PLAT PLANS will have to be prepared and will eventually have 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
PLANS pursuant to the PUD ORDINANCE.
Recital No. 11. The DEVELOPER and OWNERS agree to comply with the PUD
CONTROLS and amendments thereto. Subject to performance by the DEVELOPER and
Des 37985.12
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OWNERS, the CITY agrees to allow DEVELOPMENT on the SUBJECT PROPERTY inaccotd
with the PUD CONTROLS, and amendments thereto.
ARTICLE 2
PUD ZONING
2.1 PUD ORDINANCE - FINDINGS. The COUNCIL fmds that the SUBJECT
PROPERTY should be and is hereby rezoned pursuant to the PUD ORDINANCE. The
COUNCIL fmds that such rezoning accomplishes the following:
(a) 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;
(b) Functions as a catalyst in assisting resolution of preexisting water table
and storm water drainage problems;
(c) Encourages a creative and efficient approach to the use of land;
(d) Encourages the preservation and enhancement of desirable land
characteristics and open space; and
(e) Encourages an integrated development pattern and a harmony with the
land use, density, transportation facilities and community objectives of
the CITY's comprehensive plan.
2.2 DEVELOPMENT AND LAND USE. The land use of the SUBJECT
PROPERTY shall be in accord with the PUD ORDINANCE and the SCHEMATIC PUD PLAN. .
No DEVELOPMENT or use shall be made of the SUBJECT ~ROPERTY or any portion thereof
unless such DEVELOPMENT or use is reasonably consistent with the PUD CONTROLS.
Unless the COUNCIL by separate action approves otherwise, no DEVELOPMENT or US!? shall
occur on any PHASE, until the PRELIMINARY or FINAL PLAT PLANS for that PHASE have
,been approved by the COUNCIL. PREUMINARY or FINAL PLAT PLANS reasonably
consistent with the SCHEMATIC PUD PLAN shall be approved by the COUNCIL.
2.3 DENSITY. The density of each PHASE shall be in accord with the PUD
ORDINANCE and the SCHEMATIC PUD PLAN.
2.4 RESTRICTIVE COVENANTS. Prior to the FINAL PLAT approval for any
PHASE or combination of PHASES, the DEVELOPER and OWNER shall submit model deed
restrictions, covenants, agreements, bylaws and a proposed homeowner's association or other
documents or contracts controlling the use and maintenance of the land within the particular
PHASE. These documents shall be subject to the review and approval of the CITY Attorney.
DeS 37985.12
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The documents shall provide for (i) architectural design and exterior materials guidelines, which
shall, among other elements, require (a) 6:12 pitch roofs, (b) a front porch for twenty percent
(20%) in the aggregate of all of the single family detached structures which are constructed
within the SUBJECT PROPERTY, and (c) no more than two (2) compatible materials on the
front exterior for each single family detached structure; and (ii) maintenance of the block parks
by the association, which shall include a mechanism which allows the CITY to specially assess
the association or the individual abutting lot owners for maintenance of the block parks within
each block and further provides that the association may assess those charges against individual
lots. The dc:uments shall also insure the continued maintenance of common areas, if any,
within each PHASE'.
2.5 CHANGE OF ZONING. The SUBJECT PROPERTY at the present time is
owned by multiple owners. EAST FARMINGTON PUD PROJECT is ,intended to be developed
as an overall integrated, ,unified, and planned unit development pursuant to the PUD
CONTROLS. Because multiple ownership exists, there may be the possibility that the OWNER
of a particular PHASE may wish a DEVELOPMENT, or density or land use different than that
contained in the PUD ORDINANCE and in this PUD CONTRACT. Subject to Article 6 of this
PUD CONTRACT, no such change shall be made unless the COUNCIL approves the change
pursuant to the procedures of the PUD ORDINANCE.
ARTICLE 3
PUD PLANS
3.1 AFPROV AL OF PUD PLANS. The CITY hereby approves the Py]) PLANS.
3.2 PUD PLANS CONTROL DEVELOPMENT. DEVELOPMENT on the
SUBJECT PROPERTY shall conform to the PUD PLANS and the FINAL PLAT PLANS,
unless the CITY approves otherwise.
3.3 PUD CONTROLS. The DEVELOPER agrees to comply with the PUD
CONTROLS and amendments thereto. Subject to performance by the OWNER and
DEVELOPER, the CITY agrees to allow DEVELOPMENT on the SUBJECT PROPERTY in
accord with the PUD CONTROLS, and amendments thereto.
ARTICLE 4
PRELIMINARY AND FINAL PLATS. PHASE I
4.1 APPROVAL OF PRELIMINARY PLAT. Subject to the terms and conditions
of this PUD CONTRACT and subject to conformance with the other PUD PLANS, the CITY
hereby approves the PREUMlNARY PLAT with respect to PHASE I, subject to such other
terms and conditions of approval as appear in the COUNCIL resolution of approval of the plat,
dated November 10, 1994. The FINAL PLAT for PHASE IA shall be submitted by
February 28, 1995, and shall conform to the requirements of the SUBDIVISION ORDINANCE.
Des 37985.12
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4
4.2 fINAL PLAT. PHASE IA RECORDING. FINAL PLAT for PHASE IA
shall be recorded no later than sixty (60) days after the CITY conveys to the DEVELOPER
property known as the "Hed Property", depicted on Exhibit E. The CITY agrees to use its best
efforts including eminent domain authority and the utilization of "quick take" procedures if
requested by the DEVELOPER, to acquire the Hed Property and convey it to the DEVELOPER.
The DEVELOPER shall, in turn, dedicate for public right-of-way that portion of the Hed
Property depicted as street on the SCHEMATIC P'QD PLAN, retaining for development
purposes only that portion not necessary for public street or utility purposes. Acquisition of the
Hed Property shall be subject to the requirements of Section 6.4.
ARTICLE 5
RELATIONSHIP OF PUD PLANS TO FINAL PLAT
PLANS AND FINAL PLATS
5.1 PHASING. Unless the CITY approves otherwise pursuant to the PUD
ORDINANCE, final platting of the SUBJECT PROPERTY shall occur in PHASES in the
sequence shown on the SCHEMATIC PUD PLAN. DEVELOPMENT shall not occur on a
PHASE unless the CITY detennines that trunk utility lines and other PUBLIC
IMPROVEMENTS are available to serve the PHASES.
5.2 FINAL PLATS. No DEVELOPMENT shall occur on any PHASE until the
CITY approves the FINAL PLAT for that PHASE and the FINAL PLAT is recorded with the
COUNTY; however, the following may occur without the FINAL PLAT for a particular PHASE
being approved and recorded:
(a) grading, but only if the COUNCIL has by separate action approved the
grading; .
(b) street construction, but only if the COUNCIL has by separate action
approved, ordered or otherwise required the street construction; and
(c) installation of water and sanitary sewer lines and drainage facilities, if
approved, ordered or required by the COUNCIL by separate action.
.._....nie DEVELOPER and OWNER shall record the FINAL PLATS witJrin sixty (60) days after
approval of the same by the CITY. The DEVELOPMENT CONTRACT for each such PHASE
shall ~lso be executed sometime after PRELIMINARY PLAT approval and before FINAL PLAT
approval.
5.3 RELATIONSIDP OF PUD PLANS TO FINAL PLATS. FINAL PLAT
PLANS shall confonn to the PUD CONTRACT and PUD PLANS, unless otherwise approved
by the COUNCIL.
DCS 37985.12
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5
5.4 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) SUBDMSION ORDINANCE.
ARTICLE 6
RELATIONSHIP OF PUD CONTRACT TO SUBJECT PROPERTY
6.1 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 of the SUBJECT PROPERTY.
6.2 CHANGE OF ORDINANCES. The COUNCIL fmds that the EAST
FARMINGTON PUD PROJECT is a staged and planned 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 DEFAULT under this PUD CONTRACT;
(b) DEVELOPER has either a fee title interest, optionee, or a contract
purchaser - vendee interest in the PHASE;
then for twelve (12) years from the date of this PUD CONTRACT with respect to the SUBJECT
PROPERTY, the CITY will not without the consent of the DEVELOPER for any particular
PHASE as shown on the SCHEMATIC PUD PLAN in which the DEVELOPER has such an
ownership interest change the City Code provisions for that PHASE with respect to the
following:
(c) permitted, conditional and accessory uses
(d) development density
(e) lot size
Des 37985.12
Draft 2/1/95 6
(0 lot layout, depth and width
(g) building setbacks
(h) street dedication requirements
(i) the terms and conditions of Section 12.1 hereof.
G)
platting requirements.
"
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. After the last
day of the twelfth year from the date of execution of this PUD CONTRACT, the CITY may
unilaterally, w~thout the consent of the D'EVELOPER or OWNE:R:S, change the PUD
ORDINANCE and other platting and zoning provisions with respect to the above matters.
Absent such action, the PUD CONTRACT remains in full force and effect.
(
LV
6.3 CHANGE OF PUD CONTRACT AND DEVELOPMENT CONTRACT. The
CITY and the DEVELOPER of any respective PHASE as shown on the SCHEMATIC PUD
PLAN may mutually change this PUD CONTRACT and DEVELOPMENT CONTRACT for
that particular PHASE; the consents of the DEVELOPER and OWNERS of the land within other
. PHASES are not required to change the PUD CONTRACT and DEVELOPMENT CONTRACT
for the PHASE being changed.
6.4 RELATIONSHIP TO OTHER DEVELOPMENT PROPERTY. Some of the
other PHASES contain land, defmed in the PUD CONTRACT as OTHER DEVELOPMENT
PROPERTY, that is not part of the SUBJECT PROPERTY. To the extent that OTHER
DEVELOPMENT PROPERTY become SUBJECT PROPERTY, then such OTHER
DEVELOPMENT PROPERTY shall be governed by the PUD CONTROLS. If such OTHER
DEVELOPMENT PROPERTY does not become part of the SUBJECT PROPERTY, then such
OTHER DEVELOPMENT PROPERTY shall not be governed by this PUD CONTRACT. If
the DEVELOPER agrees to reimburse the CITY for its costs, prior to execution of the Court
order granting possession of the property and provides fmancia1 assurance specified by the CITY
for the reimbursement, the CITY shall within thirty (30) days of receipt of a written request of.
the DEVELOPER initiate and use its best efforts to complete the exercise of its eminent domain
powers to acquire the OTHER DEVELOPMENT PROPERTY so that it may be integrated into
the DEVELOPMENT.
ARTICLE 7
STREETS
7.1 DEDICATION OF STREETS. The SCHEMATIC PUD PLAN and the
attached Exhibit G show the neighborhood collector streets and frontage roads within the
SUBJECT PROPERTY that will serve the EAST FARMINGTON PUD PROJECT. All such
streets and roads shall be dedicated to the City upon the recording of the final plat for each
Des 37985.12
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7
PHASE. Exhibit G is a conceptual plan; the precise final configuration of the frontage' roads
is quite likely to be different than depicted on Exhibit G. The CITY and the DEVELOPER shall
cooperate with respect to fInal configuration of such frontage roads. If necessary, the CITY will
use its eminent domain power to acquire property for the frontage roads.
7.2 PLANS. Street layout and right-of-way widths shall conform to the
SCHEMATIC Pun PLAN, unless otherwise approved by the COUNCIL pursuant to Pun
ORDINANCE.
7.3 MINIMUM PAVEMENT WIDTH. The minimum pavement width for
neighborhood collector streets shall be 28 feet curb back to back and for neighborhood streets
shall be 32 feet curb back to back.
1.4 TESTING. Prior to FINAL PLAT approval for any particular PHASE, the
DEVELOPER shall provide such soil borings, fmal road designs, typical pavement sections and
grading quantities for the roadway serving abutting or connecting to the PHASE as may be
required by the CITY Engineer.
7.5 GRADING STREETS. The DEVELOPER shall grade all public streets,
boulevards, and driveways within the PHASE to CITY approved grades and cross-sections in
accordance with the DEVELOPMENT CONTRACT.
7.6 STREET SIGNS. The DEVELOPER shall be fInancially responsible for the
installation of street identifIcation signs and non-mechanical and non-electrical traffic control
signs.
7.7 BOULEVARD 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, except in the center islands of Spruce and
Twelfth Street.
7.8 SUBDIVISION MONUMENTS. At the time of FINAL' fLAT, the
DEVELOPER, at its own expense, shall install subdivision monuments as reasonably required
by the CITY Engineer.
7.9 CONSTRUCTION. TIMING AND FINANCIAL ASSURANCE. Except for
the frontage roads to Trunk Highway 3 at Spruce Street and Larch Street as depicted on the
SCHEMATIC Pun PLAN and EXhibit G, the DEVELOPER shall, at its expense, commence
and complete construction of the streets within the PHASES by the times set in the
DEVELOPMENT CONTRACT. The CITY shall make every reasonable effort to complete
construction on the frontage roads and median road improvements on T.H. 3 at such time as it
is necessary for the DEVELOPER to have access from T.H. 3 to the SUBJECT PROPERTY.
The CITY shall specially assess the SUBJECT PROPERTY for the costs of construction, with
said assessments payable in full upon issuance of an occupancy permit for a home constructed
on a lot. The CITY shall assess one hundred percent (100%) of the costs of the east frontage
roads and fIfty percent (50%) of the costs of the median road improvements.
Des 37985.12
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ARTICLE 8
UTILITIES
8.1 INSTALLATION OF UTILITIES WITHIN THE PHASE. Unless the CITY
elects, after written petition by the DEVELOPER, under Chapter 429 of the Minnesota Statutes
to order a public improvement for the installation of utilities such as sewer and water lateral and
service lines within each PHASE, except to the extent otherwise provided in the TAX
INCREMENT FINANCING AGREEMENT, the DEVELOPER shall be responsible for
installation and construction of sewer and water latera1lines and services within each PHASE
to serve the DEVELOPMENT therein.
8.2 STANDARDS. The sewer and water lateral and service utilities shall be
constructed by the DEVELOPER within each PHASE according to the standards in the
SUBDMSION ORDINANCE. .
8.3 TIMING. The utilities shall be completed by the dates established in the
DEVELOPMENT CONTRACT. The FINAL PLAT for a PHASE shall not be recorded with
the COUNTY until the CITY has either awarded a contract for installation or has approved the
DEVELOPER's contract for installation of utilities.
8.4 FINANCIAL ASSURANCE. The DEVELOPER shall post the [mancial
assurance required by the DEVELOPMENT CONTRACT.
8.5 TRUNK SANITARY SEWER AND WATERMAIN.
DCS 37985.12
Draft 2/1195
(a)
Provided that the DEVELOPER shall cooperate with the CITY in the
planning, design and construction, the CITY shall construct a Trunk
Sanitary Sewer line with sufficient capacity to receive all sanitary
sewer flow from the entire DEVELOPMENT, plus additional capacity
to service other areas of the CITY. The CITY shall not assess
DEVELOPER or the SUBJECT PROPERTY for improvement costs
attributable to capacity or function which exceeds that necessary for the
DEVELOPMENT. Both lateral and trunk benefit assessments for all
costs, including without limitation engineering costs, allocable to the
SUBJECT PROPERTY shall be paid by the DEVELOPER upon
issuance of an occupancy permit for a home constructed on a lot. As
depicted on Exhibit B2, the first .phase shall extend from the south
manhole in County Road 72 to and connecting with the Henderson
subdivision, and shall be commenced by April, 1995, and diligently
proceed to complete construction as soon as is feasible. The second
phase shall extend from the Henderson subdivision to the north right-
of-way line of Trunk Highway 50, and shall be commenced when the
DEVELOPER commences construction of PHASE III of the
DEVELOPMENT. The CITY and the DEVELOPER shall cooperate
in preparation of the plans for the Trunk Sanitary Sewer line.
9
(b) The DEVELOPER shall construct the Watermain as depicted on
Exhibit B2; but shall not do so until the COUNCIL has approved the
plans for it. Prior to commencement of construction by the
DEVELOPER, the CITY shall credit the DEVELOPER against fees or
assessments charged to DEVELOPER that portion of the CITY's costs
of construction of the Watermain attributable to the capacity which
exceeds that necessary for the DEVELOPMENT.
ARTICLE 9
STORM SEWER
9.1 STORM SEWER PLAN. DEVELOPMENT on the SUBJECT PROPERTY
shall conform with the PRELIMINARY OVERALL DRAINAGE and UTILITY PLANS and'
. the FINAL PLAT PLANS, unless otherwise approved by the CITY pursuant to the PUD
ORDINANCE.
9.2 . TIMING. The storm sewer improvements for each PHASE shall be
constructed by the dates established in the DEVELOPMENT CONTRACT.
9.3 RESPONSIBILITY FOR CONSTRUCTION. Except to the extent otherwise
provided in TAX INCREMENT FINANCING AGREEMENT, the DEVELOPER is responsible,
at its own expense, for installation of the storm sewer improvements. Financial assurance shall
be posted as required by the DEVELOPMENT CONTRACT.
9.4 PRAIRIE WATERWAY. The CITY shall construct, at its expense, the
PRAIRIE W A TERW A Y; construction shall commence no later than March 1, 1995. The
PRAIRIE W A TERW A Y will be the. recipient of stonnwater and groundwater from the
SUBJECT PROJECT. At no cost to DEVELOPER and no later than May 31, 1995, the CITY
shall deposit on the SUBJECT PROPERTY at a location designated by DEVELOPER 280,000
cubic yards of granular material estimated to be available from the construction site of the
PRAIRIE W A TERW A Y. Said material constitutes an estimated amount representing the
granular material to be excavated from the PRAIRIE WATERWAY and necessary for fill
material for DEVELOPMENT oflhe SUBJECT PROPERTY. If the granular material is less
than 280,000 cubic yards, the CITY has no further obligation in this regard to the
DEVELOPER. The CITY shall similarly deposit all other granular material removed from the
PRAIRIE WATERWAY as and to the extent requested by the DEVELOpER, which amount is
estimated to be 231,000 cubic yards. The DEVELOPER will accept all excess nongranular
material excavated from the PRAIRIE W A TERW A Y by the CITY. In addition, for a period
of three (3) years the CITY shall similarly deposit granular material from all CITY improvement
projects which generate excess granular material, as and to the extent requested by the
DEVELOPER. It is estimated that the granular material necessary for the DEVELOPMENT
and available from the said other CITY improvement projects shall approximate an additional
99,000 cubic yards.
Des 37985.12
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10
ARTICLE 10
GRADING - DRAINAGE
10.1 GRADING PLAN. DEVELOPMENT on the SUBJECT PROPERTY shall
conform with the OVERALL DRAINAGE PLAN and the FINAL PLAT PLANS, unless
otherwise approved by the COUNCIL pursuant to PUD ORDINANCE.
10.2 TIMING. The grading improvements for each PHASE shall be completed by
the dates established in the DEVELOPMENT CONTRACT.
10.3 RESPONSIBILITY FOR CONSTRUCTION. Except to the extent otherwise.
provided in the TAX INCREMENT FINANCING AGREEMENT and Section 9.4 hereof,
DEVELOPER is responsible, at its own expense, for construction of the grading improvements.
As provided in Section 9.4, the CITY shall provide granular material to the SUBJECT
PROPERTY to be used by DEVELOPER for the DEVELOPMENT. Financial assurance shall
be posted as required by the DEVELOPMENT CONTRACT.
10.4 PREPARATION OF FINAL PLAT PLANS FOR GRADING. PriortoFINAL
PLAT approval for any PHASE, the DEVELOPER shall submit overall detailed grading plans
and a narrative which addresses how PHASE 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. This information
and plans shall be subject to: the review and approval of the CITY Engineer; review and
recommendation from the Dakota County Soil and Water Conservation District; and approval
of the COUNCIL. There shall be no permits issued for grading of any portion of the PHASE
until the detailed grading plans which include erosion control for the area to be graded have been
reviewed and approved by the COUNCIL.
ARTICLE 11
WETLANDS
11.1 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.
11.2 TIMING. The improvements, mitigation, replacement and construction relating
to wetlands for each PHASE shall be completed by the dates established in the
DEVELOPMENT CONTRACT and the wetland fill permits.
11.3 RESPONSIBILITY FOR CONSTRUCTION. Except to the extent otherwise
provided herein and in the TAX INCREMENT FINANCING AGREEMENT, the DEVELOPER
is responsible, at its own expense, for the fIll of any wetlands within each PHASE. The CITY
shall have sole responsibility at its expense for fill, construction, mitigation, and replacement
of wetlands located within the PRAIRIE W A TERW A Y.
Des 37985.12
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11.4 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 103A through 103G. SpecifIcally, the CITY shall have sole responsibility for
constructing and maintaining the mitigation measures set forth as Special Conditions 1 through
10 in St. Paul District, U.S. Army Corps of Engineers Permit No. 94-02208-IP-GAE in addition
to the requirements of Pe~t No. 94-02026-IP-GAE.
ARTICLE 12
PARK DEDICATION
12.1 PARK DEDICATION - CONTRIBUTION REOUIREMENT. The parties
agree that the park dedication requirement for the EAST FARMINGTON PUD PROJECT shall
be satisfIed by the DEVELOPER in the form of: (1) land conveyance by warranty deed in the
amount of five (5) acres designated as Outlot S in Exhibit B-4; (2) rough grading of park and
trail areas and trails construction as depicted on the SCHEMATIC PUD PLAN; and (3) the
payment of cash, to be calculated at the time of fmal plat for each PHASE pursuant to then-
applicable ordinance requirements. The cash amount payable for any particular PHASE shall
be reduced by the value of items (1) and (2) provided by the DEVELOPER as of the date of
fInal plat approval for the PHASE.
12.2 MANNER OF CONVEYANCE. The conveyances shall be by warranty deed,
subject to PERMITTED ENCUMBRANCES; the DEVELOPERshall pay all special assessments
and real estate taxes in full.
The obligations of DEVELOPER to convey the trails and construct the trail
improvements are stated in Article 13.
12.3 TIMING OF PARK IMPROVEMENTS. The CITY shall determine the types
and timing of the improvements for each park portion, including the park to be located within
the PRAIRIE WATERWAY, but the improvements to each park shall commence no later than
two (2) years after approval of a FINAL PLAT for any PHASE adjacent to or containing such
park.
12.4 DEVELOPER OBLIGATION FOR SPECIAL ASSESSMENTS ON PARKS.
The DEVELOPER agrees that any special assessments for streets and utilities that would
normally be levied by the CITY on the land areas that are the parks shown on the PARK PLAN
shall be the responsibility of the DEVELOPER and shall be paid by the DEVELOPER in cash
within thirty (30) days after adoption of the assessment roll. As an alternative to such cash
payment for. the park special assessments, the DEVELOPER may request that such special
assessments be spread against certain PHASES or lots within the PHASES, instead of against
the parks; in such case, the CITY may grant the requested allocation.
12.5 PARK GRADING. The DEVELOPER shall rough grade the park areas,
except that within the PRAIRIE WATERWAY, pursuant to the PARK PLAN prepared by the
Des 37985.12
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12
CITY at the time the DEVELOPER grades the PHASES adjoining the park areas. The CITY
shall fIrst review and approve the grades. If the CITY does not immediately commence park
improvements after the grading has been done, the CITY shall institute and maintain reasonable
erosion and dust control measures until the areas are seeded.
ARTICLE 13
TRAILS
13.1 TRAIL PLAN. To the extent a trail is shown on the TRAIL PLAN prepared
by James R. Hill, Inc. dated November 30, 1994, then DEVELOPMENT in a particular PHASE
shall conform to the TRAIL PLAN and the FINAL PLAT PLANS for that PHASE, unless
otherwise approved by the COUNCIL pursuant to the PUD ORDINANCE. The DEVELOPER
shall have no construction responsibility for trails wilhin the,PRAlRIE WATERWAY.
13.2 TIMING. The DEVELOPER shall construct the trails within or abutting each
applicable PHASE by the dates established in the DEVELOPMENT CONTRACT. The
DEVELOPER shall also construct a temporary trail from PHASE I along"future Spruce Street
to the PRAIRlE WATERWAY.
13. 3 CONVEYANCE OF TRAILS. All trails are located within street right-of-way,
and shall be dedicated at the time of FINAL PLAT recording.
13.4 RESPONSIBILITY FOR CONSTRUCTION. Except to the extent otherwise
provided in the TAX INCREMENT FINANCING AGREEMENT and Section 13.1 hereof, the
DEVELOPER is responsible, at its own expense, for construction costs of all the trails as shown
on the TRAIL PLAN.
ARTICLE 14
OTHER PERMITS
14.1 PERMITS. Except as set forth in the last sentence of this Section 14.1, the
DEVELOPER shall obtain all necessary approvals, permits and licenses from the CITY and the
OTHER REGULATORY AGENCIES. Major design requirements of any such entities shall be
determined prior to construction and incorporated into the FINAL PLAT PLANS. All costs
incurred to obtain said approvals, permits and licenses, and also all f'mes or penalties levied by
any agency due to the failure of the DEVELOPER to obtain or comply with conditions of such
approvals, permits and licenses, shall be paid by the DEVELOPER. The CITY shall obtain all
permits necessary for wetland fIll for the wetland located in the PRAIRlE W A TERW A Y.
DCS 37985.12
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13
ARTICLE 15
PUBLIC IMPROVEMENTS
15.1 APPROVAL OF CONTRACTORS AND ENGINEER. Any contractor or
engineer preparing plans and specifications selected by the DEVELOPER to design, construct
or install any PUBLIC IMPROVEMENTS must first be approved in writing by the CITY
Engineer. James R. Hill, Inc. is an approved engineer.
15.2 TIMING. The PUBLIC IMPROVEMENTS shall be completed by the time
schedule set forth on Exhibit C, unless modified by a DEVELOPMENT CONTRACT.
15.3 CONSTRUCTION. The DEVELOPER shall cause the contractors to furilish
the CITY Engineer with a written schedule of proposed operations, subcontractors and material
suppliers, at least two (2) days prior to commencement of construction work.
15.4 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.
15.5 FAITHFUL PERFORMANCE OF CONSTRUCTION CONTRACTS. The
DEVELOPER shall fully and faithfully comply with all tenns of any and all contracts entered
into by the DEVELOPER for the installation and construction of the PUBLIC
IMPROVEMENTS.
15.6 CITY ACCEPTANCE. The DEVELOPER shall give FORMAL NOTICE to
the CITY within thirty (30) days once the PUBLIC IMPROVEMENTS have been completed.
The CITY shall then inspect the PUBLIC IMPROVEMENTS and notify the DEVELOPER of
any PUBLIC IMPROVEMENTS that do not so confonn. Upon compliance with this PUD
CONTRACT and CITY standards and specifications, and acceptance by the CITY. PUBLIC
IMPROVEMENTS shall become the property of the CITY. If the PUBLIC IMPROVEMENTS
do not confonn, FORMAL NOTICE shall be given to the DEVELOPER of the need for repair
or replacement or, in its discretion, the CITY may proceed under Article 18;
ARTICLE 16
RESPONSIBILITY FOR COSTS
16.1 PHASE IMPROVEMENT COSTS. 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.
16.2 COSTS. The DEVELOPER shall pay the CITY for costs incurred by it in
conjunction with the EAST FARMINGTON PUD PROJECT including without limitation costs
Des 37985.12
Draft 2/1/95
14
relating to the preparation, administration, and enforcement of this PUD CONTRACT and the
DEVELOPMENT CONTRACT, including engineering and attorneys' fees.
16.3 TIME OF PAYMENT. The DEVELOPER shall pay all bills from the CITY
for which DEVELOPER is responsible within thirty (30) days after billing. The bills shall
itemize the person doing the work, the services rendered, the date rendered, the time involved
and the applicable charge rate for the services. Bills not paid within thirty (30) days shall accrue
interest at the rate of eight percent (8 %) per year.
ARTICLE 17
INDEMNIFICATION OF CITY
17.1 INDEMNIFICATION OF CITY. . Subject to Section 1.7.4, DEVELOPER shall
and does hereby indemnify, defend and hold the CITY, its COUNCIL, agents, employees,
attorneys and representatives hanDless against and in respect of any and all claims,. demands,
actions, suits, proceedings, losses, costs, expenses, obligations, liabilities, damages, recoveries,
and deficiencies, including interest, penalties and attorneys' fees, including without limitation
any litigation which may be commenced by Trout Unlimited, 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;
(c) Failure by the DEVELOPER or OWNER to pay for materials;
(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;
(t) Failure 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
Des 37985,12
Draft 2/1195 15
OWNER, their contractors, subcontractors, materialmen, employees,
agents or third parties.
17.2 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 17.1, 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.
17.3 DEFENSE OF CLAIM. With respect to claims or demands asserted against
the CITY by. a third party of the nature covered by Sections 17.1 and 17.2 above, and provided
that the CITY gives FORMAL NOTICE thereof, the DEVELOPER will, at its sole expense,
provide for ~e defense thereof with counsel of its own selection but approved by the CITY; the
DEVELOPER will pay all ~osts and expenses including 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 attorneys' fees
incurred by the CITY related to such defense shall be paid for by the DEVELOPER.
17.4 CITY WILLFUL VIOLATION. This Article 17 shall not apply to costs
incurred or suffered by the CITY which relate to, result from, or are caused by the CITY's
willful violation of applicable law.
ARTICLE 18
. CITY REMEDIES UPON DEFAULT
18.1 CITY REMEDIES. Except as set forth in Section 18.5, if a DEFAULT
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 with respect to PHASES affected by the
DEFAULT;
Des 37985.12
Draft 211/95 16
(c) the CITY may collect on any bond, irrevocable letter of credit or cash
deposit or other security applicable to PHASES affected by the
DEFAULT;
(d) the CITY may deny building and occupancy permits for buildings on
the PHASES affected by the DEFAULT;
(e) the CITY may deny or withhold FINAL PLAT approval to the extent
that the DEFAULT relates to the FINAL PLAT land pending before
the CITY;
(0 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 thjrty (30) da~s after written billing by the
CITY reimburse the CITY for any costs and expenses incurred by the
CITY. 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 of the 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, the DEVELOPER and OWNER hereby waive any
appeal rights otherwise available pursuant to Minn. Stat. 429.081.
18.2 PUDCONTRACTTERMINATIONDEFAULTS. ThefollowingDEFAULTS
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 procedures set forth in
Section 18.1 above:
(a) Failure by the DEVELOPER to commence DEVELOPMENT of
PHASE I within one (1) year from the date of completion of
construction of the PRAIRIE W A TERW A Y by the CITY; or
(b) Failure by the DEVELOPER to commence DEVELOPMENT of
PHASE II within four (4) years from the date of completion of
construction of the PRAIRIE W A TERW A Y by the CITY; or
(c) Failure by the DEVELOPER to commence DEVELOPMENT of
PHASE ITI within seven (7) years from the date of completion of
construction of the PRAIRIE WATERWAY by the CITY.
DEFAULTS (a) through (c) are the only DEFAULTS for which the remedies of this Section
18.2 are available to the CITY.
DCS 37985.12
Draft 2/1/95
17
18.3 NO ADDITIONAL WAIVER IMPUED BY ONE WAIVER. If any
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.
18.4 NO REMEDY EXCLUsIvE. No remedy herein conferred upon or reserved
to the CITY shall be exclusive of any other available remedy or remedies, 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 DEFAULT 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 expe~ient. In order to entitle the
CITY to exercise any remedy reserved to the CITY, it shall not be necessary to give notice,
other than the FORMAL NOTICE.
18.5 EMERGENCY. If DEVELOPER's DEFAULT creates an imminent threat to
life, safety, or health of the public, the CITY, without affinnative duty to do so, may proceed
immediately to cure the DEFAULT and thereafter proceed pursuant to the provisions of Section
18.1.
ARTICLE 19
PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS
19.1 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 therefor, 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 detennine whether it wishes the CITY to proceed with the
contract before bid award. If the 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 19.1 and assesses
the cost of any portion thereof, then the OWNER and DEVELOPER hereby 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
waive any appeal rights otherwise available pursuant to Minnesota Statute 429.081 and the
OWNER and DEVELOPER shall acknowledge that the benefit from the improvements equal or
exceeds the amount of the special assessments. . .
19.2 OBLIGATION FOR PAYMENT OF SPECIAL ASSESSMENTS. The
OWNER and DEVELOPER hereby agree to pay the special assessments for the PUBLIC
IMPROVEMENTS as and when said special assessments become due and payable.
Des 37985,12
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18
19.3 PAY-OFF OF ASSESSMENTS. Whenever the CITY issues an occupancy
permit for a home constructed on a lot, then at such time the special assessments pending or
levied against that lot shall be paid in full, together with the accrued interest thereon.
ARTICLE 20
MISCELLANEOUS
20.1 NO TIllRD PARTY RECOURSE. Third parties shall have no recourse against
the CITY or the DEVELOPER under this PUD CONTRACT.
20.2 VALIDITY. If any portion, se~tion, 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. .
20.3 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 nonnally made with such governmental agencies to guarantee the completion of
required improvements.
20.4 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.
20.5 BINDING 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.
. 20.6 CONTRACT ASSIGNMENT. The DEVELOPER may not assign this PUD
CONTRACT except to an entity for which the DEVELOPER is a General Partner without the
written permission of the COUNCIL. The DEVm,.OPER's 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.
20.7 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 tirrie
for the perfonnance of any of the obligations of another, waive any inaccuracies in
representations by another contained in this PUD CONTRACT which inaccuracies would
Des 37985.12
Draft 2/1/95
19
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.
20.8 GOVERNING LAW. This PUD CONTRACT shall be governed by and
construed in accordance with the laws of the State of Minnesota.
20.9 COUNTERPARTS. 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.
20.10 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.
20.11 ACCESS. The DEVELOPER and OWNER hereby grant to the CITY, its
agents, employees, officers, and contractors a license to enter the SUBJECT PROPERTY to
perform all work and inspections deemed appropriate by the CITY during the installation of any
improvements by the CITY.
20.12 CONVEYANCES. All conveyances to the CITY shall be by plat dedication
or by warranty deed, subject only to PERMITTED ENCUMBRANCES and subject to drainage,
ponding access and utility easements that are necessary for the EAST FARMINGTON PUD
PROJECT.
20.13 FULFILLMENT OF CONTRACTS TO PURCHASE. DEVELOPER shall
comply with and satisfy according to their terms all purchase agreements, options and contracts
for deed that DEVELOPER has or obtains for the acquisition of the SUBJECT PROPERTY.
20.14
follows:
DEFINITIONS. Certain terms used in this PUD CONTRACT are defmed as
(a) EASTFARMINGTONPUDPROJECT. "EAST FARMINGTON PUD
PROJECT" means the DEVELOPMENT of the SUBJECT PROPERTY
in accord with the PUD CONTROLS.
(b) CITY. "CITY" means the City of Farmington, a Minnesota municipal
corporation.
(c) COUNCIL. "COUNCIL" shall mean the governing body of the CITY.
Des 37985.12
~wm W
(d) COUNTY. "COUNTY" means Dakota County, Minnesota.
(e) DEFAULT. "DEFAULT" means and includes, jointly and severally,
any of the following or any combination thereof:
(i) failure by the DEVELOPER to timely pay the CITY any
money, including without limitation special assessments or
CITY invoices, required to be paid under this PUD
CONTRACT;
(ii) failure by the DEVELOPER to construct the PHASE
IMPROVEMENTS for each PHASE according to the
DEVELOPMENT CONTRACT;
(iii) failure by the DEVELOPER 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 and the DEVELOPMENT
CONTRACT; and
(iv) failure by the DEVELOPER to develop the SUBJECT
PROPERTY according to the PUD CONTROLS.
(f) DEVELOPER. "DEVELOPER" means Sienna Corporation, a
Minnesota corporation and the assigns and successors thereof.
DEVELOPER also means any person or entity, except the CITY, that
undertakes DEVELOPMENT of the SUBJECT PROPERTY.
(g) DEVELOPER IMPROVEMENTS. "DEVELOPER
IMPROVEMENTS" means those iIIiprovements which DEVELOPER
is obliged to construct pursuant to a DEVELOPMENT CONTRACT
or this PUD CONTRACT.
(h) DEVELOPMENT. "DEVELOPMENT" means use of the SUBJECT
PROPERTY and any construction on or improvement of the SUBJECT
PROPERTY by the OWNERS or DEVELOPER. 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.
(i) DEVELOPMENT CONTRACT. "DEVELOPMENT CONTRACT"
means a contract between the CITY and the DEVELOPER for each
PHASE, which contract specifies the detailed DEVELOPMENT
requirements for that PHASE, identifies the responsibilities for
DCS 37985.12
Draft 2/1195 21
installation of streets and utilities and provides fmancial assurances for
completion by DEVELOPER of the DEVELOPER IMPROVEMENTS
and the streets and utilities on or abutting the PHASE.
(j) FINAL PLAT. "FINAL PLAT" means the fmal 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.
(k) FINAL PLAT PLANS. "FINAL PLAT PLANS" means the FINAL
PLAT, the DEVELOPMENT CONTRACT, and detailed plans and
. drawings approved by the CITY. pursuant to its SUBDMSION
ORDINANCE for each PHASE that shall address the following:
(i) grading
(ii) wetlands
(iii) surface water quality
(iv) storm water controls, erosion controls and drainage
(v) street and lot layout
(vi) utilities
(vii) landscaping
(ix) basement elevations
(x) signage
(xi) easement for public utilities.
(1) 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, flres or explosions, labor
strikes, and unavailability of land development fmancing and building
materials.
(m) FORMAL NOTICE. "FORMAL NOTICE" means notices given by
one party to the other if in writing and if and when delivered or
Des 37985.12
~v~ n
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: City of Farmington
Attention: City Administrator
Farmington City Hall
325 Oak Street
Farmington, MN 55024
If to OWNER: To the address shown on Exhibit A.
If to DEVELOPER: Sienna Corporation
Attention: Rodney D'. Hardy
4940 Viking Drive, #608
Edina, Minnesota 55435
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.
(n) GRADING PLAN. "GRADING PLAN" means that certain grading,
erosion control and drainage plan labeled as GRADING PLAN
prepared by James R. Hill, Inc., dated July 19, 1994. 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.
(0) MINN DOT. "MINN DOT" means the Minnesota Department of
Transportation. '
(P) OPTION 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. '
(q) OTHER DEVELOPMENT PROPERTY. "OTHER DEVELOPMENT
PROPERTY" means lands contained within the SUBJECT PROPERTY
in which the DEVELOPER has no legal interest.
(r) OTHER REGULATORY AGENCIES. "OTHER REGULATORY
AGENCIES" means and includes, jointly and severally, the following:
DeS 37985.12
D~~~ n
(i) Minnesota Department of Transportation ("MINN DOT")
(ii) Dakota County ("COUNTY")
(ill) Dakota County Highway Department
(iv) Vermillion River Watershed District
(v) State of Minnesota
(vi) Minnesota Pollution Control Agency
(Vii) Metropolitan Counci~
(ix) Minnesota Department of Natural' Resources ("DNR")
(x) U. S. Army Corps of Engineers
(xi) Minnesota Department of Health
(xii) Minnesota Board of Water and Soil Resources
(xiii) Minnesota Environmental Quality Board
(xiv) any other regulatory or governmental agency or entity affected
by, or having jurisdiction over DEVELOPMENT on the
SUBJECT PROPERTY.
(s) OVERALL DRAINAGE PLAN. "OVERALL DRAINAGE PLAN"
means those certain preliminary OVERALL DRAINAGE PLAN
prepared by James R. Hill, Inc., dated August 1, 1994, for the
SUBJECT PROPERTY.
(t) OVERALL UTILITY PLAN. "OVERALL UTILITY PLAN" means
that certain OVERALL UTILITY PLAN prepared by James R. Hill,
Inc., dated August 1 1994, for the SUBJECT PROPERTY.
(u) OWNER. "OWNER" or "OWNERS" means, jointly and severally, the
persons and entities identified on the attached Exhibit H, and the heirs,
successors, and assigns thereof.
(v) OWNER WARRANTIES. "OWNER WARRANTIES" means that the
OWNERS, jointly and severally, hereby warrant and represent the
following:
Des 37985.12
~~m ~
(i) 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.
(ii) 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 pub CONTRACT by OWNER or prohibit any of the
transactions provided for in this PUD CONTRACT.
(iii) FEE TITLE. OWNER owns fee title to the respective
P ARCEL(S) as and to the extent shown on Exhibit A.
(w) PARK PLAN. "PARK PLAN" means those areas on the
SCHEMATIC PUD PLAN depicted as parks, and any additions or
changes approved by the COUNCIL pursuant to the PUD
ORDINANCE.
(x) PERMITTED ENCUMBRANCES. "PERMITTED
ENCUMBRANCES" means easements of record that do not interfere
with the use intended.
(y) PHASE I. "PHASE I" shall mean that portion of the SUBJECT
PROPERTY which is depicted on the PRELIMINARY PLAT dated
June 25, 1993, revised October 7, 1994, prepared by James R. Hill,
Inc.
(z) PHASE IMPROVEMENTS. "PHASE IMPROVEMENTS" are those
PUB~IC IMPROVEMENTS required to be installed by the
DEVELOPER for a particular PHASE of the DEVELOPMENT.
(aa) PHASES. "PHASES" means those land areas identified as PHASES,
or portions thereof, on the SCHEMATIC PUD PLAN with the
configuration and with the boundaries shown on the SCHEMATIC
PUD PLAN.
(ab) PRAIRIE W ATERW A Y. "PRAIRIE WATERWAY" shall mean the
system of drainage swales, ditches, ponds, pipes, culverts, substantially
consistent with plans dated October 6, 1993 prepared by Bonestroo,
Rosene, Anderlik and Associates.
Des 37985.12 25 '
Draft 2/1195
Des 37985.12
Draft 2/1/95
(ac)
(ad)
(ae)
(at)
PRELIMINARY PLAT. "PRELIMINARY PLAT" means that
preliminary plat for PHASE I approved by the CITY COUNCIL on
November 10, 1994 and for the subsequent PHASES as and when
prepared.
PUBUC IMPROVEMENTS. "PUBUC IMPROVEMENTS" means
those elements of essential 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, water lines, sidewalks, trails, and
boulevards.
PUD CONTRACT. "PUD CONTRACT" means this contract by,
between and among the CITY, OWNERS and DEVELOPER.
PUD CONTROLS. "pun CONTROLS" means and includes, jointly
and severally, the following:
(i) PUD ORDINANCE
(ii) PUD PLANS
(iii) PUD CONTRACT
(iv) FINAL PLAT PLANS
(v) ZONING ORDINANCE
(vi) SUBnMSION ORDINANCE.
(ag)
PUD ORDINANCE. "PUD ORDINANCE" means Charter 7 of Title
10 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 also includes any amendments, modifications or
additions made by the CITY subsequent to the version of the pun
ORDINANCE existing on the date hereof.
(ah)
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.
(ai)
SCHEMATIC pun PLAN. "SCHEMATIC pun PLAN" means that.
certain land use plan showing the development concept uses, densities,
acreages, street pattern and design for the various PHASES of the
26
DeS 37985.12
Draft 2/1/95
SUBJECT PROPERTY. The SCHEMATIC, PUD PLAN is labeled
SCHEMATIC PUD PLAN and was prepared by James R. Hill, Inc.
and approved by the City Council on November 10, 1994.
SCHEMATIC PUD PLAN also includes any additions or changes
approved by the COUNCIL pursuant to the pun ORDINANCE.
(aj) STORM SEWER PLAN. "STORM SEWER PLAN" means that
certain plan showing the major drainage and waterway improvements
outside the SUBJECT PROPERTY and showing drainage and necessary
and advisable drainage contours and patterns required to lower the
groundwater table and adequately move storm water away from the,
SUBJECT PROPERTY and other portions of the CITY. The STORM
SEWER PLAN is dated November 13, 1994, and prepared. by
Bonestroo, Rosene, Anderlik. & Associates; if it conflicts with the
SCHEMATIC PUD PLAN, the SCHEMATIC PUD PLAN prevails.
(ak) SUBDIVISION ORDINANCE. "SUBDMSION ORDINANCE"
means Title II of the Farmington City Code.
(a1) SUBJECT PROPERTY. "SUBJECT PROPERTY" means in the
aggregate and jointly and severally all of the PARCELS and real estate
described on the attached Exhibit A.
(am) SUBSEOUENT PHASES. "SUBSEQUENT PHASES" means all
PHASES of the DEVELOPMENT other than PHASE I.
(an) TAX INCREMENT FINANCING AGREEMENT. "TAX
INCREMENT FIN~.PNG AGREEMENT" of the same name dated
fl16.-Uoj. ;;.r ~,by and among the City of Farmington, the
Housing and Redevelopment Authority of the City of Farmington, and
Sienna Corporation.
(ao) TRAIL PLAN. "TRAIL PLAN" means that certain plan dated
November 30, 1994 showing a cross-section construction profile of the
trails and showing the location of various trails throughout the project
and so labeled as TRAIL PLAN. 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.
(ap) UTILITY COMPANIES. "UTILITY COMPANIES" means and
includes, jointly and severally, the following:
(i)
utility companies, including electric, gas, telephone and cable
television
27
(ii) pipeline companies.
(aq) 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 D.S.C. 1344), Minnesota Statute Chapters 103A through
1 03G, 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.
(ar) ZONING ORDINANCE. "ZONING ORDINANCE" means Title 10
of the Farmington City Code, as amended from time to time~
, IN. WITNESS WHEREOF, the parties have executed this DEVELOPMENT
CONTRACT.
CITY OF FARMINGTON
(DATE: 1/;J...! 19) . )
(/ .
~ .AM.~~
By .., ~ U.
yor
1
OWNER: SIENNA CORPORATION
(DATE: ~ t: l?Jr- )
BY:lm(24jb~
/
)
DEVELOPER: SIENNA CORPORATION
(DATE: ~~,j7'~C )
BY:~
Itl: -
Des 37985.12
Draft 2/1195
28
STATE OF MINNESOTA )
\te..A^ ~ l..... ) ss.
COUNTY OF IMKO A )
[OZqr-
On this 1.l5 day of f"\.~ ,-1-994, before me a Notary Public within and for
said County, personally appeared V\E:... , and La.'rr\.~M.?Sot\, to me
personally known, who being each b e duly sworn, each did say tha they are respectively
the Mayor and Clerk of the City of Farmington, the municipality named in the foregoing
instrument, and that the seal cej"fIxed to said instrument was signed and sealed in behalf of said
municipality by authority of its City Council and. said Mayor and Clerk acknowledged said
. instrument to be the free act and deed of said municipality.
. ~lN R. LImE /vo I - ~ c7aYz.
. NOfIRl PUBUc-MINNESOTA .. .
IIfW-- EllP\RES 141-00 Notary Pubhc
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
V:tC/G .
On this~ day 0~A.u.. W94";before me a Notary Public within and for said
County, personally appeared~: Hardy, to me personally known, who by me duly
sworn, did say that he is the Vice-President of Sienna Corporation, 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 and said Rodney D. Hardy did acknowledge said
instrument to be the free act and deed of the corporation.
.:51M ttJll q - ~~f ~, A
Notary Public
SUSAN J. MILLER
NOTARY PUBLIG--MINNESOTA
MY COMMISSION EXPIRES 1-31-00
DCS 37985.12
Draft 2/1195
29
EXHIBIT B
PUD PLANS
DATE'
1. PRELIMINARY OVERALL DRAINAGE PLAN
2. PRELIMINARY OVERALL UTILITY PLAN
3. SCHEMATIC PUD PLAN
4. PRELIMINARY WETLAND MITIGATION PLAN
DCS 37985.11
Draft 12114/94
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1342048
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DECLARATION OF EASEMENI'S AND
PROTECI'IVE COVENANfS '
(park Place in Farmington)
ORRCEOFTHECOUNTYRECORDER
DAKOTA COUNTY, MINNESOTA
CERTIFlEDTHATTHEWITHIN INSTRUMENT
WAS RECORDED 1N1HIS OFFICE ON AND AT
APa 11 10 113 Atl '96
THIS DOCUMENT WAS DRAFTED BY:
DOHERTY, RUMBLE &. Bun.ER.
PROFESSIONAL ASSOCIATION
" 3SOO FJfth Street Towers
ISO South Fifth Street
Mbmeapolis, MiDDesota SS402
OOC.NO. 1.~4204S
JAMES N. DO~ fOUNTY RECORDER
BY:~ Deputy.!
FEE ~rA.. 00 SURCHARGE "'t.5D
CASH 0 CHECKC( ESCROW 0
WELLO CHARGE 0
CHARGE TO:
,REFUND
DO NOT REMOVE
.... UNIVERSAL TITLE:
.
COpy DEL'O
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TABLE OF CON1'El\"TS
DECLARATION OF PROTECTIVE COVENANTS
(park Place in Farmington)
ARTICLE I.
])~()~!; . . . . . . . . . . . . . . ~ '. . . . . .
2
2
Section 1.
Defmitions
............ ..... ......... ... .....
; .
ARTICLE n.
PROPERTY SUBJECT TO THIS DECLARATION . . . . . . . .. 4
Section 1. Initial Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4
Section 2. Additional Property . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4
AATICLE m.
:MDmERSHIP AND VOTING RIGHTS IN THE ASSOCIATION . . .. 5
Section 1. Membership. . . . . ," . . . . . . . . . . . . . . . . . . . . . . . . . .. 5
Section 2. Voting Rights ................................ 5
Section 3. Special Voting Rights of Block Park Residents ............ 5
Section 4. Suspension of Voting Rights of Class A Members .......... 5
ARTICLE IV.
DUTIES OF ASSOCIATION. . . . . . . . . . . . . . . .. 6
Section 1. Maintenance of Landscaping, Entrance Monuments, Berm Area
and Block Parks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6
Section 2. Collection of Garbage ........................... 6
Section 3. Enforcement of Covenants and Restrictions; ArchiteCtUral Review
Control ...................................... 6
. Section 4. Insu.ra.nce. . . . ,_ . . . . '. . . ~ . . . . . . . . . . . . . . . . . . . . .. 6
Section 5. Rights or-City of Farmirigtori. ................ '. . . . .. 6
ARTICLE V.
Section 1.
Section 2.
Section 3.
Section 4.
Section 5.
Section 6.
Section 7.
ASSES~S ........~... ... ..... 8
Creation of Assessments ... . . . . . . . . . . . . . . . . . . . . . .'. 8
Basis of Assessments .........................:.. 8
Purpose of Annual Assessments ..................... ,8
Levy of Annual Assessments ....................... 9
Individual Lot Maintenance Assessments ................ 9
Special AssessmentS for Capital Improvements ............ 9
Establishment of Block Park Improvement Reserve; Special Block
Park Assessments for Capital Improvements to Individual Block
Parks ........................-.............. 9
Section 8. Effect of Nonpayment of Assessment; Remedies of Association. 10
Section 9. Subordination of Lien to First Mortgages . . . . . . . . . . . . . . . 10
Section 10. 'Exempt Propeny . . . . ~ . . . . . . . . . . . . . . . . . . . . . . . .. , 11
IOU' 8699S.OS
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Section l.
Section 2.
Section 3.
Section 4.
Section S.
Section 6.
Section 7.
Section l.
Section 2.
Section 3.
Section 4.
Section 5.
Section 6.
Sec~on 7.
Section 8.
Section 9.
Section 10.
Section 11.
Section 12.
Section 13.
Section 14.
Section 15.
Section 16.
Section 17.
Section 18.
Section 19.
Section 20.
Section 21.
Section 22.
Section 23.
. Section 24.
Section 2S.
Section 26.
Section 1.
ARTICLE VI.
SITE DESIGN AND ARt.;HlT.t;CTURAL REVIEW . . . . . . . .
ArchitectUral Review Committee .. . . . . . . . . . . . . . . ~ . . .
Original CODS'mlction . . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
Review of Modifications .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
Standards of Review ...........................
Procedure .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. '. .. ..
Removal and Abatement . . . . . . . . . . . . . . . . . . . . . . . . .
Variances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ARTICLE VU.
LOT USES AND RESTRICTIONS
.............
Use ..........................................................................
Minimum Landscape Plan ........................
Mailboxes . . . . . . .'. . . . . . . . . . . . . . . . . . . . . . . . . . .
Subdivision . . . . . i . . . . . . . . . . . . . . . . . . . . . . . . . . .
Detached Vehicle Storage Structures . . . . . . . . . . . . . . . . . .
GoverDJDental Standards . . . . . '. . . . . . . . . . . . . . . . . . . .
Minimum Square Footage and Se~ack Provisions .........
No Pets and Animals .. . . . . . . . . . . . . . . . . . . . . . . . . .
Home Occupation . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Nuis.ances .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
Wsing ................................................................
Exterior Construction Materials . . . . . . . . . . . . . . . . . . . . .
Fences and 'Boundary Walls . . . . . . . . . . . . . . . . . . . . . . .
Storage Tanks ...............................
Temporary StruCtures . . . . . . . . . . . . . . . . . . . . . . . . . . .
Driveways .................................
Exterior Lighting ..............................
. ~terior ()IIUtDlents ... ..: . . . . . . . . . . . . . . . . . . . . . . . .
AnteIl11!S ... III III . . . . . . . III . III . . III . . III . . . . . . III . -. . . III .
Completion of ConstrUction of Improvements ............
Repair to Curbing . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sodding and Seeding ............................
Un.dscaping .........'... III . . . III . . . . . . . . . III . . III III III
S. .
Ign.age ............... III . . III . . . . . . III . . . . III . . III .
Front Porches ...............................
Basements . . . . . . . . . . . . . . . . . III III . . . III . . . . . . III . III III III
ARTICLE VID. ..
LOT MAINTENANCE ... . . . . . . . . . . . . . .
MaintenanceandRePair .........................
ARTICLE IX.
RESERVED RIGHTS OF DECLARANT IN THE COMl\fON AREA
IOU' 86995.05
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1342048
DECLARATION OF EASEMENTS AND PROTECTIVE COVENANTS
(park Place in Farmington)
THIS DECLARATION OF EASEMENTS AND PROTECTIVE COVENANTS
("Declaration") made and executed this ; q 111 'day of }./c-r-e h. , 1996, by SIENNA
CORPORATION, a Minnesota Corporation ("Declarant")
WIT N E SSE T H:
WHEREAS, Declarant is the owner of the real property (lIproperty") descn"bed in Article
n of this Declaration; and
, WHEREAS,..Declarant desires to provide for the preservation and enhancement of the
natural and built values and amenities and opportunities within the Property, in order to
contribute to the personal and general heallil:~ safety and welfare of the property owners and
residents therein and in the community and to provide for the maintenance of the private open '
spaces, and to this end, desires to subject the real property descnDed in Article n, Section 1
hereof (togetl;1er with such further property as 'may be added pursuant to Article n, Section 2
hereof) to the covenants, conditions, standards, restrictions, reservations, easementS, charges,
assessments and liens set fonh in this Declaration, each and all of which is and are for the
benefit of the property and each owner thereof; and
WHEREAS, Declarant has deemed it desirable for the efficient preservation of the values
and amenities in the community to create an agency to which should be delegated and assigned
the power ofTnaintaining open spaces, aciIniiiistering and enforcing the covenants and restrictions
contained in the Declaration and collecting and disbursing the assessments and charges created
by this Declaration; and
WHEREAS, Declarant has incorporated, under the laws' of the State of Minnesota, as
a nonprofit corporation, East Farmington Homeowners Association, Inc. for the purpose of
exercising these functions;' "
NOW, THEREFORE, Declarant declares that the real property descnoed in Article n,
Section 1 hereof (and such additions thereto as may be made pursuant to Article n, Section 2
hereof) is, and sba11 be, held, transferred, sold, conveyed and occupied subject to the following
covenants, conditions, restrictions, easements, charges and liens (sometimes referred to as
"covenantS and restrictions"), which covenants and restrictions sball run with the real property
and be bindiIig on all parties baving any right, title or interest in the hereinafter descooed
properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit
of each owner thereof:
IOU' 8699S.OS
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DakOta, County Treasurer-Au~
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ARTICLE I.
DEFINITIONS
Section 1. Definitions. The folloWing words, when used in this Declaration (unless
the conteXt shall prohibit) ~ have the following meanings:
1.1, "Additional Property" shall mean and refer to the real property described
in Exhibit "B II and all improvementS thereon.
1.2 "Architectural Review Committee" or "ARC" shall mean and refer to that
permanent committee of the Association, created for the purpose of establishing and
enforcing criteria for the constrUction of ImprovementS within the Property.
1.3 "Articles of Incorporation" shall mean and refer to the Articles of
Incorporation of the Association as they may exist from time to time.
. 1.4 "Assessment" shall mean. and refer to those charges made by the
Association from time to time, against each Lot within the Propeny for the pmposes, and
subject to the terms, set forth herein ".Assessments" includes Annual Assessments,
Special Block Park AssessmentS, Special AssessmentS and Individual Lot Maintenance
Assessments.
1.S " Association II shall mean and refer to East Farmington Homeowners
Association, Inc., a Minnesota non-profit corporation..and its successors and assigns.
1.6 "Block Parks" shall mean Outlots A. B. C. F. G and H. East Farmington
First Addition. according to the recorded plat thereof, Dakota County, Minnesota, and
those outlots designated as such in future plats for the developmem o..f ponions of the
Additional Property.
1.7 "Block Park Residents" meaDs. with respect to each Block Park. the
Owners of Lots within the platted Block containing or surrounding such Block Park. For
example. the Owners of Lots 1-11. inclusive. Block 7, East Farmington First Addition,
comprise the Block Park Residents only for the Block Park legally described as Outlot
A. East Farmington First Addition. .
1.8 "Board or "Board of Directors" shall mean and refer to the board of
directors of the Association, which is the governing body of the Association.
1.9 "Bylaws" shall mean and refer to the bylaws of the Association as they
may exist from time to time.
DP 8699S.OS
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1.10 "Common Expenses" shall mean and refer to all expenses lawfully made
or incurred by or on behalf of the Association in connection with the performance of any
obligation or function of the Association ~ereunder or under the Anicles" of Incorporation
or the Bylaws.
1.11 "Common Area" shall mean and refer to property owned in fee, if any,
or to easements in favor of the Association, for the common use and enjoyment of the
Members. Common Area includes Block Parks, Entrance Monument Easement Areas
and Landscape Berm Easement Areas on certain individual Lots, as more particularly
defmed in instrumentS reserving such easements over such Lots.
1.12 "County" shall mean and refer to Dakota County, Minnesota.
'. 1.13 "Declarant" shall mean and refer to Sienna Corporation, a Minnesota
corporation, and its successors and assigns, if such successor or assign shall acquire.more
than one undeveloped Lot from' the Declarant for the purpose of development of East
Farmington First Addition as a whole,as ,opposed to constrUction for sale of Dwellings
-on particular Lots. Notwithstanding the foregoing, no individual or entity acquiring a
Lot from the Declarant shall become the '.Declarant solely by such acquisition, but only
by a specific assignment and assumption of the rights and obligations of the Declarant
hereunder, which assignment and assumption shall not be effective unless the insttument
of conveyance expressly sets forth the same.
1.14 ."Declaration" shall mean and refer to this instnunent, and all exhibits
hereto, as the same may be amended from time to time, and fIled for record in the office
of the County Recorder or Registrar of Titles (whichever is appropriate) and any
Supplementary Declaration executed in accordance with the provisions of Anicle n
hereof.
1.15 "Dwelling" shall mean and re(er to any dwelling on a Lot intended for use
as a single-family dwelling. '
1.16 "Entrance Monument Easement Area" sba11 mean and refer to the center
island medians, if any, at each entrance to Park Place in Farmington and to that portion
of a Lot more particularly defIned in an insttume~:J'eserving an Entrance Monument
Easement.
1.17 "Initial Property" shall mean and refer to that real property legally
descneed in Exbibit "A" attached hereto and made a pan hereof.
" 1.18 "Landscape Berm Easement Area" shall mean and refer to that POniOD of
a Lot more particularly dermed in an instrument reserving a landScape Berm Easement.
JOUl 8699S.OS
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1.19 .Lot" shall mean and refer to any separately platted tract of land located
within the Propeny which is intended for use as, or used as, a site for a Dwelling..
1.20 "Member" shall mean and refer to each Owner entitled to membCrship in
the Association pursuant to the provisions of Article m.
1.21 "Mortgage II shall mean and refer to a deed of trust, mortgage, contraCt for
deed, or other security insttument granting, creating or conveying a lien upon, a security
interest in, or a security title to any ponion of the Property, or any interest therein.
1.22 "Mortgagee" shall mean ami refer to any entity or person named as
mongagee in any mongage deed granting a Mongage on a Lot.
1.23 "Owner" shall mean and refer to 'the record Owner or contract vendee of
the fee simple title to any Lot, but excluding coIitract yendors, mortgagees or any others
having such interest merely as security for the performance of an obligation.
1.24 "Park Place in Farmington" ami "East Farmington First Addition" shall
each mean and refer to the Propeny at any time subject to this Declaration.
ARTICLE D.
PROPERTY SUBJECT TO THIS DECLARATION
Section 1. Initial PronertV. The Initial Property shall be subject to this DeclS14tion.
Section 2. Additional PropertY. The Additional Propeny may become subject to this
Declaration by the filing for record by the Declarant in the Office of the Dakota County
Recorder or of the Registrar of Titles, whichever is appropriate, of one or more Supplememary
Declarations of Covenants, Conditions and Restrictions (hereinafter referred to as a
"Supplementary Declaration") which shall extend the scheme of this Declaration to the
Additional Propeny therein described. The SupplementarY Declaration may contain such
cQmplementary additions arid modifications of the covenants and restrictions contained in this
Declaration as may be necessary or desirable to reflect the different character, if any. of the '
Additional Property, but in no event shall any such SupplementarY Declaration revoke, modify,
or add to the covenants and restrictions established by this- Declaration with respect to any
propeny which has been previously subjected to the DeClaration. Such SupplementarY
Declaration may be made by the Dec1arant, it successors or assigns, and without the consent of
the Members of the Association, for the purpose of subjecting the Additional Property to this
Declaration. provided, however, that such Supplementary Declaration is filed for record by the
Declarant in the appropriate office within eight (8) years from the date of the recording of this
Declaration. ,The Declarant shall not be required to annex all, or any part, of such Additional
Propeny, and ponions thereof may be annexed at any time and in any order.
IOU' 8699S.05
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MEMBmsmP AND VOTING RIGHTS IN THE ASSOCIATION
[7: Section 1. Membershio. Each Owrier of a Lot is a Member of the AsSociation.
I,. Membership shall be appunenant to and may not be separated from ownership.
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M~rship:
Voting Riszhts. The Association shall have two (2) classes of voting
Class A
Class A Members shall be all Owners of one or more Lots, except
Declarant. When more than one person or entity shares ownership of a
Lot, the vote shall be exercised as they determine among themselves.
Class B
The Class B Member shall be the Declarant. The Class B Member shall
be entitled to five (5) votes for each Lot owned by it.
The Class B memberspip shall cease and be convened. to Class A
membership on the earlier to occur of: (i) January 1, 2004, or (ll) the
date when the total vote outstanding in the Class A membership equals the
total votes outstanding in 'the Class B membership; or (ill) the filing for
record or'recording by the Declarant of a surrender or termination of its
Class B membership against all Lots then owned by the Class B Member.
Section 3. Special Votinll Ri!lhts of Block Park Residents. Notwithstanding anything
herein contained to the contrary. no vote made by the Association Members shall be effective
as to any Block Park if the resiIlt of such' vote unfairly burdens any individual Block Park with
any encumbrance, covenant or restriction (unless the same is required pursuant to applicable
law), unless the affmnative vote of a majority of the Members constituting the Block Park
ResidentS for such affected Block Park shall be obtained. The rights of individual Block Park
Residents with respect to their corresponding Block Park ~ not preclude the Association from
fixing and leVY.ing Assessments as set forth in AI:dcle y ~low; provided however that Block
Park Residents may, by majority vote of all Members comprising the subject Block Park
Residents, agree to the fixing and levying by the Association of Special Block Park Assessments
for their own Block Park.
Section 4. Suspension of Voting Rights of Class A Members. The right of any Class
A Member to vote shall be suspended during any period in which such Member shall be
delinquent in the payment of any assessment levied by the Association. Such rights may also
be suspended, after notiee and hearing, for a period Dot to exceed sixty (60) days for any
infraction of any rules or regulations published by the Association.
m 86995.05
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ARTICLE IV.
DUTIES OF ASSOCIATION
Section 1. Maintenance of Landscaping. Entrance Monuments. Berm Area and Block
Parks. The Association shall (i) J11aintain. repair, and replace landscaping on Common Areas,
including landscaping on Entrance Monument Easement Areas; (ll) mairrt'aln, repair and replace
. entrance monuments on any Entrance Monument Easement Areas, in the manner initially .
constructed by Declarant or as altered or reconstructed by authority of the Board of Directors;
. (ill) maintain. repair or replace p]antiT\gsor landscaping on Landscape Berm Easement Areas;
(iv) perfonn landscaping. or other repair, maintenance or replacement as required by any
applicable governmental authority with respect to stormwater drainage, ponding, catchment or
similar areas; (v) carry out any other majntenance required under any agreement with the City
of Farmington; and (vi) maintain each Block Park and the improvements thereon at a level as
determined by the Association or, at such increased level of maintenance as is acceptable to the
subject Block Park ,Residents provided ~ Block Park Residents have agreed to pay for any
increased costs attributable to such increased ,naintp-n3nce by payment of a Special Block PaIk
Assessment.
Section 2. Collection of Garbaee. Should the local governmental unit not provide
garbage collection services to the Owners, the Association shall be empowered to contract with
private vendors on behalf of all Owners for the collection of garbage in Park Place in
Farmington. .
Section 3. Enforcement of Covenants and Restrictions: Architectural Review Control.
The Association shall be responsible for the enforcement of the covenants and restrictions
contained in. this Declaration including, without limitation, the Architectural Review controls
imposed by this Declaration.
Section 4. Insurance. To the extent the Common Area sball be separately taxed, the
Association shall pay all property taxes and governmental special assessments with respect to
the Common Area and shall procure and pay for insurance with respect to the Common Area,
pursuant to Article XI hereof.
Section 5. Riwhts of City of Fanninlrton. Notwithstanding any other term, covenant
or condition herein contained:
(a) If, in the opinion of the City Council of the City of Farmington ("City")
expressed in a resolution: (i) the Association shall have failed to provide adequate
control of surface w~ter drainage, or adequate care of any Common Area; or (ii)
if after all Association procedures have been exhausted, not less than two-thirds
(2/3) of the Block Park Residents of a Block Park request in writing that the City
intervene and perform the Association's m3intenance duties because of the failure
of the Association to have adequately provided for the care and maintenance of
said Block Park; then, and in any such event, duly authorized agents of the City
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may enter upon the Common Area to perform such maintenance, or repair, or
control of surface water drainage, as the City Council of the City shall have been
requested to perform or shall have deemed necessary to preserve the health,
safety and welfare of the residents of Park Place in Farmington or of the City;
(b) If the City performs any maintenance or repair' pursuant to this Declaration or
,constrUCtS aIiy public improvements pursuant to any applicable law, then the.City
may assess, the cost of said maintenance or repair or public improvement directly
against the benefitted Lots, or the City may assess any Common Area for the cost
of said t]1aintenance or repairs or public improvement. If the City assesses any
Common Area for the cost of said maintenance or repair or public improvement,
then the Association or the Owners of Lots shall levy a special assessment against
the bene~ Lots to defray the total amount of ~ ,City assessment. Such
special assessment need not have the consent of any Owner; and
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(c) The cost of any work perfomed by the City pursuant to this Declaration sball be
~ed pursuant to the abov~ provisions. Such assessments may be paid in
installments at an eight percent (8 %) annual interest ~te over a period. of time
determined to .be reasonable by the City taking into consideration the amount and
natUre of such assessments so as to not create an undue or burdensome hardship
on the assessed Owner or the Association, as the case may be. The assessments
may be assumed or prepaid at any time. Provided that the City has provided
reasonable notice and opportUDity to be heard and an opportUnity to cure prior to
taking any actions for which an assessment could be levied hereunder, the
Association and each Owner hereby waive: (i) any and all substantive objections
to such assessments including any claim that the assessments exceed the benefit
'to the property affected thereby; and (n) any appeal rights otherwise available
pursuant to Minnesota Statutes, i429.081.
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SectiOn 6. Professional PropertY Mabae:ement. At such time as there are fifty (SO)
r:: . Class A Members, the Association, acting through its Board of Directors, sha1l engage a
[:: professional property manager to perform the property management function of the Association
hereunder, on such terms as the Board of Directors may, from time to time, approve unless, at
r~\~ a special meeting of the meinbers called for such pmpose, tbree-fourths (3/4) of each Class of
~ Members, present in person or by proxy, vote to terminate such management requirement.
Thereafter, such professional management shall not be required unless at a subsequent special
D meeting of the members called for such purpose, the members, by the same vote, sball elect to
:',~ restore professional management.
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ARTICLE V.
ASSESSMENTS
Section 1. Creation of Assessments. The Declarant, for each Lot owned by it, hereby
covenants, and each Owner of any Lot, by acceptanee of a deed for a Lot, whether or not it
shall be so exp~ in the deed or any conveyance, shall be deemed to covenant and agree to
pay to the Association (i) Annual Assessments; (il) Individual Lot Maintenance Assessments; (iil)
Special Assessments; and (iv) Special Block Park Assessments (with respect to Owners who are
Block Park Residents). Such Assessments shall be detennined, levied and collected by the
Association from time to time as herein provided. Such Assessments, together with the charges
for late payments and costs of collection thereof, including, without limitation, reasonable
attorney's fees, sball be a charge on each Lot against which they are assessed and a continuing
lien thereon in favor of the Association. They also shall be the pi:rsonal obligation of each
person' who was the Owner of such Lot at the time when the Assessment fell due.. The
apportionment and IeSpOI1S1Dility for Assessments shall be as more particularly set forth below.
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Section 2. Basis of Assessments. Individual Lot Maintenance Assessments shall be
levied against the particular Lot or Lots against which the same are payable, in an amount and
upon such termS as shall be established by the Board of Directors as elsewhere provided herein.
Annual Assessments and Special Assessments sball be levied on each Lot and Special Block Park
Assessments shall be levied on Lots surrounding a Block Park, subject thereto on the basis of
the number of Lots in each class of membership, as follows:
(a) Lots which create Class A membership ("Class A Lots") shall be assessed evenly,
on the basis of one (1) expense share per Lot; and
(b) Class B Lots which are not improved with a completed residence as to which
occupancy is legally available shall not, for.the period of two years following the
recording of the Declaration, or Supplementary Declaration, as the case may be,
annexing such Lots to the ,scheme of. this Dec~on, be subject to Annual
Assessments, Special Assessments or Special Block Park Assessments, but sball
be subject to Individual Lot Maintenance Assessments; after the expiration of
such twO year period, such Lots shall, so long as they remain in Class B
membership, be assessed at one-quarter (1/4) of the AssessmentS of a Class A
Lot. .
Any Individual Lot Maintenance Assessment levied against a particular Lot shall be payable in
full by such Lot pursuant to the provisions of this Declaration.
Section 3. Purpose of Annual Assessments. The,Annual AssessmentS shall be levied
for the purpose of paying the costs associated with the duties of the Association as set forth in
this Declaration, together with the incidental costs of operating the Association.
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,Section 4.' Levy of Annual Assessments. The Annual Assessments shall be fixed at
a unifOlDl rate for an Lots. The Annual Assessments shall be due and payable on January 1 of
each year; upon the sale ofa Lot by Declarant, the Assessment payable with respect to such
calendar year by the purchaser shall be immediately due and payable, but shall be pro-rated
based on the number of days elapsed in that calendar year, with an addition of thirty (30) days
to the number of days so elapsed, such that the purchaser or transferee shall receive a "grace"
period equal to such thirty (30) day period. The Annual Assessments in each year shall be
levied by the Association, based on a proposed budget. The Annual Assessment may be
.increased without vote of the membership, by not more than twenty percent (20%) over the
Annual Assessments payable during the previous calendar year, provided that the costs of
garbage removal service, if any, and insurance shall always be in addition to any such increases.
In order to increase the Annual Assessment more than the maximum amount established in this
section, a vote of sixty-seven percent (67 %) of the combined votes which class of membership
cast by the Members present, in person, by mail, or by pro~, at a meeting of the Association
called for that pmpose shall be necessary. The Board of Directors of the Association shall fIX
the amount of the Annual Assessment in an amount not in excess of the maximum. The Annual ,
Assessment for each year shall be fixed, and written notice provided to each Owner not later
than December 1 of the year prior to' the year in which 'the Assessment is due. Failure to
provide such notice, however, shall not render any' Assessment invalid.
Section S. Individual Lot Maintenance Assessments. In the event that any Owner
violates any covenant or fails to perform any term, covenant or condition contained in this
Declaration, the Association may perform the act, remove the defect or correct the violation
upon tbirty (30) days written notice to the Owner and may levy an Assessment to pay the cost
thereof against such Owner's Lot. .
Section 6. S,pecial Assessments for Capital Improvements. In addition to the Annual
Assessments authorized above, the Association may levy, in any assessment year, a Special
Assessment applicable to that year only for the P.UI'Po~ of defraying, in whole or in part, the
cost of any constrUction, reconstrUction, repair or replacement of any capital improveme~ upon
. the Common Area, including fixtures and personal property related thereto, provided that each
such Assessment shall have the assent of Members holding two-thirds (2/3) of the combined
votes in each class of voting membership who are voting in person or by proxy at a meeting
duly Caned for this purpose.'
Section 7. Establishment of Block Park Improvement Reserve: Special Block Park
Assessments for Capital hnprovements to Individual Block Parks.
7.1 There is hereby established by Declarant, a reserve fund for the benefit
of the Block Parks to be administered by the Association. Said reserve fund shall be
funded by Declarant placing in escrow the sum of $5,000 for each Block Park. Said
reserve funds shall be used solely for improvements to the Block Parks as may "be
requested from time to time by the affinnative vote of a majority of the Block Park
Residents for their specific Block Park. Plans and specifications for the proposed
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improvements shall be submitted to the ARC and are subject to ARC approval in
accordance with Article VI of this Declaration. The Association shall release funds upon
ARC approval and when it has been satisfied that the Block Park Residents for such
Block Park have duly authorized the expenditure so requested. It is contemplated that
the improvements to the Block Parks sba1l be in the nature of playground equipment,
recreational amenities, park: benches, landscaping and related recreational and park .
improvements.
7.2 In addition to the Annual Assessments authorized above the Block Park
Residents may, with respect to their corresponding Block Park, upon the written request
of not less than a majority of said Block Park Residents, request that the Association fix
and levy additional assessments upon themselves for purposes of constructing ARC-
approved improvements and/or for additional maintenance of their corresponding Block
Park (such additional assessments are herein referred to as wSpecial Block Park
AssessmentsW). .
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Section 8. Effect of Nonoavment of Assessment: Remedies of Association. The'
Annual Assessments, Special Assessments, Individual Lot Maintenance Assessments, and Special
Block Park Assessments shall be .flXed as provided in thi;s Declaration. If any such Assessment
is not paid .when due, it shall be delinquent and shall, together with interest at a rate of eight
percent (8%) per annum, any cost of collection and any attorney's fees, be a continuing lien on
the Lot and shall also be the personal obligation of the Owner of the Lot at the time the
Assessment is made. The lien may be enforced and foreclosed by action in the same manner
in which mortgages may be foreclosed in Minnesota. Each Owner, by acceptance of a deed for
any Lot, shall be deemed to give full and complete power of sale to the Association and to
consent to a foreclosure of the lien by advertisement. The Association may also bring an action
at law against the Owner personally obligated to pay the Assessment.
Section 9. Subordination of Lien to First MortlZalZes. The lien of Assessments
provided for herein sba1l be subordinate tQ th~' lien of any first Mortgage, and the sale or
. tranSfer of any Lot shall not affect the Assessment lien. However, the sale or tranSfer of any
Lot pursuant to the foreclosure of a First Mortgage, or pursuant to any other proceeding or
arrangement in lieu of such foreclosure, shall extinguish the lien of such Assessments as to
installments which became dpe prior to the effective date of such sale, tranSfer or acquisition by
the Mortgagee to the end that no Assessment liability shall accrue to an acquiring Mortgagee
except with respect to installments of Assessments becoming due after possession lias passed to
such acquiring Mortgagee, whether such possession has passed at the termination of any period
of redemption or otherwise. In the event of the extinguishment of such Assessment lien as
aforesaid, the entire amount of such unpaid Assessment shall be reallocated and assessed against,
and payable by the Owners of all other Lots exclusive of ~h mortgaged Lot. No such sale,
transfer or acquisition of possession shall relieve an Owner or a Lot from liability for any
Assessments thereafter becoming due or from the lien thereof, or shall relieve the person person-
ally obligated to pay the Assessments which were levied prior to the transfer of such propeI:tY
from the personal obligation to pay the same.
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t .; Section 10.. Exemnt Pro.pertv. The following property subject to this Declaration sball
be exempted from the Assessments, charges and liens created herein:
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(a) All properties, to the extent of any easement or other interest therein exclusively
dedicated to and accepted by the local public authority and devoted exclusively
to public use; and
(b) All properties exempted from taxation by the laws of the State of Minnesota upon
the terms and to the extent of such legal exemption.
(c) All Common Area, if any, owned in fee by the Association, including without
limitation, the Block Parks.
Notwithstanding any provision herein, no land or improvements devoted to dwelling use
shall be exempt from said assessments, charges or liens. .
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ARTICLE VI.
SITE DESIGN AND ARCHU:t;CTURAL REVIEW
Section 1. Architectural Review Committee. In order to preserve the high quality of
the DWellings, Lots and Common Area in Park Place in Farmington, an Architectural Review
Committee (sometimes referred to herein as the "ARC") is hereby created by the Declarant.
The ARC shall be initially comprised of the following persons: Rodney Hardy, Bruce Nimmer
and John Hankinson. The purpose of the ARC shall be to create and help maintain architectUr3l
and site design quality, appropriate diversity, design compao'bllity and property values. There
shall be at least three (3) but not more than five (5) members of the ARC. So long as the
Declarant owns any undeveloped Lot in the Property (or in any Additional Property as to which
Declarant retains a right of annexation hereunder), Declarant shall appoint all members of the
ARC; provided, however, that upon the sale of not less than 50% of the Lots in the first phase
of development for the Propeny, Declarant shall' appoint not . less than one .Member resicling in
. said first phase; provided further that upon the sale of not less than 50% of the Lots in
subsequent phases of development for the Property, Declarant shaIl appoint at least one Member
to the ARC residing in such phases. Thereafter, the members shall be appointed by the Board
of D~rs of the Association.
A majority of the ARC may designate one or more representatives to act for it: In the
event of a death or resignation of any member of the ARC, the re1'1~ini"g members shall
designate a successor. Neither the members of the ARC, nor its designated representative, sbal1
be entitled to any com~nsation for services performed .pursuant to this covenant, but may be
reimbursed for out-of-pocket expenses if and to the extent ~uthorized by the Board of Directors.
Wherever in this Declaration, reference is made to "approvalft of the Declarant or ARC,
such approval shall be in writing and shall be obtained by the person seeking such approv~,
prior to initiation of the action as to which such approval is sought.
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Section 2. , Original Construction. A site plan, landscaping plan and plans and
specifications for the construetion of a Dwelling on any Lot shall be submitted to the Declarant
for its written approval, in accordance with the procedures set forth in Section 4, below, before
any constrUction activity is begun. Notwithstanding anything in this Declaration to the contrarY,
the Declarant shall have sole authority and responsibility for approval of all original constrUCtion
of the initial Dwelling on any, Lot.
Section 3. Review of Modifications. After the completion of an original Dwelling
on a Lot, the construction or modification of any building or st:IUCtI1re, including fences and
Dwtboxes or retaining walls or monuments constrUCted by the Declarant, shall require prior
written approval by the ARC of the plans and specifications for the constrUCtion, in accordance
with the standards set forth in Section 4, below.
Section 4. Standards of Review. The Declarant (in the case of original co~ction
under Section 2 of this Article VI) and the ARC (in all other cases) may promulgate detailed
standards and. procedures to guide its areas of responsibility, judgment and practice. No
permission or approval shall be required to 'repaint in accordance with an originally approved '
color scheme, or to rebuild in accordance with originally approved plans and specifications.
Nothing contained herein shaI1 be constrUed 'to limit the right of an Owner to remodel the
interior of the Owner's Dwelling. The following procedures shall govern the review of plans
and specifications by the Declarant and the ARC:
(a) Construction plans submitted must specifically define and include the size of the
buil~g, complete building floor plans, all elevations, the nature and kind of
materials. topographic grade plans showing final fmish grades of all
improvements on Lot and location of the Dwelling on the property. Any
additional featUres proposed, such as: accessory strUCtUreS, pool, retaining walls,
etc., shall be included on the plans submitted to the Declarant or ARC, as
appli~able. No permission or approval sball be required to restore or rebuild in
accordance with originally approved plans and specifications.
(b) The ARC basic standards shall_include but not be limited to: the quality of
worJnn~n!;l1ip, design and harmony of the external design with existing strUctures,
topography, fmish grade elevation, and overall conformity with the type and
quality of conSttuction in Park Place in Farmington notwithstanding the provisions
of Article vn of this Declaration.
(c) If any Owner commences construction prior to the approval of the plans and
specifications by the Declarant or ARC hereunder. the Declarant ,or the
Association may resort to any and all remedies available to them, at law or in
equity, including abatement pmsuant to .ArtiCle VI, Section 6 hereof.
Section S. Procedure. If the Declarant or ARC fails to approve or disapprove plans
and specifications within thirty (30) days after the submission of the same to it, the requesting
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Owner shall notify ,such party by registered mall requesting approval or disapproval. If within
ten (10) days after receiving said notice such party fails to approve or disapprove the plans and
specifications, or in any evem, if no suit to enjoin the constrUction has been commenced prior
to the completion thereof, approval will be deemed to have been granted.
Section 6. Removal and Abatement. ' The Declarant or the Association shall have the
right to order an Owner to remove or alter any structure on any Lot erected in violation of the
termS of this Declaration, and to employ appropriate judicial proceedings to compel the alteration
or demolition of any non-conforming construction or other violation. Any cost incurred shall
be levied as an Individual Lot Maintenance Assessment as provided in Article V. In the event
the Association or the Declarant requests injunctive or similar equitable relief, it sball not be
required to post any bond.
Section 7 . " VarianceS. Reasonable variances to the published regulations Of the ARC
may be granted by the Declarant or ARC (as applicable) after review, in order to overcome
practical difficulties or to prevent llrmecesS31j' hardship. A variance may only be granted if it
is not detrimental to other property and sh8n 'not defeat the purpose of this Declaration. No'
variance 'shall apply other than to the specific ,Lot and the specific Declarant or ARC action on
the particular issue, and shall have no effeCt as precedent in any other Declarant or ARC
proceeding. '
ARTICLE vn.
LOT USES AND RESTRICTIONS
Section 1. Use. No Lot shall he used except for residential purposes; no Dwelling
sbaIl be erected, altered, placed or permitted to remain on any Lot other than one single family
Dwelling, not to exceed two (2) stories in height, plus basement and an attached garage for at
least one (1) car. No garages shall be erected on any site except attached garages and no
attached garage for more than three (3) cars shaIl be permitted without the express ,written
approval of the Declarant (in the case of original constrUction) and the ARC (in all other cases).
Any and all initial constrUction shall be first approved by Declarant prior to any constrUction,
'and any and all alterations to the exterior of any existing strUctures within Park Place in
Farmington shall first be approved by the ARC prior to any alteration, all as provided in Article'
VI.
Section 2. Minimum T J1ndscal'e Plan. Each Owner shall, prior to commencement of
constrl1Ction of a Dwelling, submit a landscape plan to the Declarant for approval (hereinafter,
"Minimum Landscape Plan") which will specify the areas to be planted, seeded, sodded,
mulched, or retained as natural areas within one hundred twenty (120) days after substantial
completion of the Dwelling (except that with respect to Dwellings completed from' November
to March of each year, the Owner shall have until the folloWing June to carry out such Mjn;mum
Landscape Plan). Should an Owner fail to cmy out the Minimum Landscape Plan, the
Association reserves the right to carry out such Minimum Landscape Plan on such Lot (and shall
have an access easement for the purpose). The amount of any such expenditure shall be the
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personal, joint and several obligation of the Owner or Owners and shall be a lien against the Lot
which may be enforced as an Individual Lot Maintenance Assessment under Article V hereof.
Section 3. ~1b6xes. All mailboxes shall be provided and installed by Declarant,
as agreed to by Declarant and the U. S. Postal Service, at certain locations throughout Park
Place in Farmington. All mailboxes shall be set within a shelter, which shelter sball also include
a separate parcel pick-up box. All such shelters shall be owned and UUI;ntR;ned by the
Association. Each Owner shall be provided with a mailbox dedicated specifically for such
Owner and shaIl be provided with one (1) set of keys for such mailbox.
Section 4. Subdivision. No Lot shall be subdivided or split by any means whatsoever
into any greater number of residential Lots, nor into any residential lots of small~ size without
the express written consent of the ARC and appropriate government units except that if the
Owner of a 'full Lot desires to constrUct a Dwelling using an area larger than the area of anyone
single Lot as originally platted, then, subject to the junsdiction of. the appropriate governmental
units, the adjoining Lot may be divided and part thereof added to anyone of more adjoining
single Lots solely for the purpose or result of ~ing the area on which a single-family
Dwelling will be erected. No Dwelling shall be erected on a Lot which contains a lesser area
that any original Lot as platted. .
Section 5. Detached Vehicle Stora2e StrUctures. No vehicle 'storage building or
structure detached from the ,Dwelling shall be permitted, except strUCUU'es that conform
architectma1ly, using the same building materials, color and Style as the Dwelling and with the
approval of the Declarant (in the case of original constrUction) and the ARC (in all other cases)
Storage of firewood, refuse, rubbish, anp cuttings, will be contained within the garage or
screened to prevent view from street or side and rear yard of adjacent properties.
Section 6. Govermnental Standards. All uses of the Lots shall, at a minimum,
comply with zoning and other applicable ordinances and regulation of appropriate gov~ent
units. Such regulations shall be considered as requirements in addition to any requirements of
the Association or the ARC.
Section 7. Minimum Sqpare Footae:e and Setback Provisions. The Declarant (in the
case of original construction) and the ARC (in all other cases) shall have the right to specify a
reasonable minimum square footage for any Dwelling and to increase minimum setbacks from
those otherwise specified under local ordinance to help overall sightliness, streetscape and rear
lot appearances.
The size of any Dwelling, exclusive of one-story open porches, basements, garages, and
three-season porches, shall be as follows:
(a) A single floor or rambler Style home must have a minimum of 820 square feet of
living area on the main floor;
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(b) A two-story home must have a combined yn;n;mum of 1,400 square feet of
finished living area on the main ,and second floors;
(c) A multi.level Style home must have a minimum of 820 square feet of living area
on the two levels above grade;
(d) A split..entry Style home must have a minimum of 820 square feet of finished
living space on the upper level; and
(e) A one and one-half story home must have a minimum combined total. of 1,400
square feet of. finished living space on both floors.
All Dwellings c,onstrUcted or placed on the property shall be completely finished on the
exterior thereof within nine months after commencement of constrUCtion.
No Dwelling or other permitted detachep strUcture shall be located on any Lot nearer to ,
a front lot line, a rear lot line, an interior lot line or nearer to a side street right of way line, if
any, than the applicable City of Farmington ordinance as related to the East Farmington First
Addition plat shall allow. For pmposes of the covenants ~ restrictions set forth in this Section
7, eaves, steps, fireplaces and open porches shall not be considered as part of a building,
provided, however, that this shall not be constrUed to perinit any eave, Step, fIreplace, or open
porch on a Lot to encroach further into a setback area than the applicable City of Farmington
ordinance, as it relates to the East Farmington First Addition plat, allows. .
Section 8. No Pets and Animals: No birds, anim8.ls or insects shall be kept on any
Lot except dogs, cats and ~ther common house pets provided that they are not kept, bred or
ma;nt.::l;ned for commercial pmposes, they are housed in the main Dwelling or garage, and they
do not exceed in number the maximum allowed under the City of Farmington ordinance. Cats
must be restrained within a confined area when outside the home or garage. Dogs must be kept
under voice control or ,on a leash or restrained ~ a confined area when outside the home
,or garage. The ARC shall have authority to determine compliance with these provisions.
Section 9. Home Occupation. No profession or home industry shall be conducted in
any Dwelling or on any Lot without the specific written approval of the ARC. Home
occupations may be permitted within the home that do not create a nuisance or excessive
vehicular traffic within the neighborhood. .
Section 10. Nuisances. No clothes line or drying yards or pet control lines shall be
permitted unless concealed by hedges or screening acceptable by the ARC. No unsightly
growths shall be permitted to grow or remain upon the prc;mises. No refuse pile or unsightly
objects shall be allowed on any Lot. In the event that an Owner of any Lot shall fall or refuse
to keep it free from weeds, refuse or other unsightly objects. then the Declarant or the
Association may (but sball not be required to) enter upon such Lot and remove the same at ~e
expense of the Owner. No Lot shall be used in whole or in part for storage of rubbish, nor for
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the storage of any ,property or thing which will cause such Lot to appear unclean or untidy; nor
shall any substance, thing or material,be kep.t on any Lot which emits any foul or obnoxious
odor, or which causes any noise which may disturb the peace, quiet, comfon, or serenity of the
occupants of any adjacent property. The outside storage for more than seventy-two (72)
consecutive hours of an unlicensed or inoperable or abandoned motor vehicle upon a Lot shall
be considefed a nuisance. No boat, trailer or camper shall be parked outside for more than
twenty-four (24) consecutive hours in any consecutive seven (7) day period on any Lot or on any
Street or roadway within Park Place in Farmington
Section 11. Leasing. Any lease between an Owner and a non-Owner occupant shall
be in writing and shall provide that the terms of the lease sball be subject in all respects to the
provisions of this Declaration, the Articles of Incolporationand By-Laws of the Association, and
shall provide that any failure by the non-Owner occupant to comply with ~e terms of such
documents shall be a default under the lease. No lease shall be for more ~ six months pf any
calendar year except as authorized by the Board of Directors. Other than the foregoing, there
shall be no restrictions on leasing of a Dwe~g.
Section 12. Exterior Construction Materials. Front exteriors must be smcco, brick,
stone or wood. or be material of such design, character, and quality as the Declarant (in the case
of original cODStIUction) and the ARC (for all other cases) deems appropriate. High grade
hardboard, masonite-type or maintenance-free type siding may be used on sides and rear of
dwellings with Declarant or ARC approval, as applicable. Either cedar shake shingles or 240
lb. minimum weight textUred asphalt shingles shaIl be used on all strUctures, so as to provide
a cedar sh!.ke appearance. The ARC or Declarant may approve other materials the ARC or
Declarant, as applicable, considers appropriate for the plan design. ConstrUCtion of model
homes is expressly permitted as long as they COnfOIUl to the restrictions hereby created. The
roof line for all homes must have a minimum 6/12 pitch or be approved by the ARC or
Declarant, as applicable. When a roof end or gable is directly facing the street, a minimum 8/12
pitch is.required. No more than two (2) compatlole materials may be used on the front. of any
residential home. '
Section 13. Fences and Boundarv Walls. Other than Block Park fences constrUCted
by or on behalf of Declarant, no wall or fence shaIl be constrUcted on any Lot until the height,
type, design, and location ~ve been approved in writing by the ARC, in accordance with Article
VI hereof, nor shall any fence or wall be erected nearer to any side yard than the minimum
setback allowable under the City of Fmnington fence ordinance, if any. In no case shall fences
be constructed nearer to the street than the principal residential st:I'UCtUI'e. The ARC shall not
be constrUed to have abused its discretion if after a review conducted in accordance with the
provisions of Article VI hereof, it shall deny an Owner permission altogether to constrUct such
fence, wall or other enclosure.
Section 14. Storal!e Tanks. No permanent storage tanks of any kind shall be erected,
placed or permitted on any Lot unless buried or effectively screened from view outside th~ ~t.
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Section 15.' Temporarv Structures. No structlire of temporary character, trailer,
basement, tent, shack, garag~, barn or other building shall be used on any Lot at any time as
a Dwelling, either temporarily or permanently.
Section 16. Driveways. Driveways must be constructed of concrete, bituminous or
other bard surface material. Material and installation shall be subject to approval of the ARC
or Declarant, as applicable. Driveways must be installed prior to the issuance of a Certificate
of Occupancy issued for any Dwelling constrUcted upon a Lot.
Section 17. Exterior Lighting. All exterior lighting fIxtures and standards shall be
shown on submitted plans and shall comply with the overal1lighting plan of the Declarant. All
forms of exterior lighting shall be subject to approval of the ARC.
Section 18. ", Extenor Ornaments. Exterior ornaments including but not limited to
precast concrete, plastic or wood figurines, wishing wells and windmills shall be prohibited
, unless approved by the ARC prior to install~tion or construction.
Section 19. ,Amennas. Except with the prior written approval of the ARC, no satellite
dishes in excess of 24 inches in diameter, nor any exterior television or radio antenna of any son
shall be placed, allowed or m9intflined on any portion of a' Lot, or the improvements or
struCtt1I'es thereon. Approval shall be based on acceptable appearance, small size and screening
, from view. In no event shall any radio or television broadcasting or receiving antenna or other
similar apparatuS extend above the roof of the Dwelling. Conventional television antennas shall
be mounted in the attic of the Dwelling.
Section 20. Completion of ConstrUction ofImt)rovements. All constrUction work shall,
upon approval of plans by the Declarant (in the case of origirial constrUction) or the ARC (in
all other cases) be carried on with dispatch; all improvements shall be constrUcted in conformity
with the then existing building c~ of the City of Farmington, Minnesota; and all building
plans sball be prepared by or under the supervision of a registered architect, builder or qUalified
, design professional. If anystrueture is begun after approval of the plans as provided in Article
VI and is not completed within one year after the commencement of said construction, and in
the judgment of the Declarant (in the case of original constrUction) or the ARC (in all other
cases) is offensive or unsightly in appearance, the Association may take such steps as may be
necessary to make the Property harmonious with other properties, including completion of the
exterior of the StrUcture, screening or covering the strUcture or any combination thereof, or
similar operations. The amount of any such expenditure shall be the personal, joint and several
obligation of the Owner or Owners and shall be a lien against the lot which may be enforced as
an Individual Lot Maintenance Assessment under Article V hereof.
Section 21. Repair to Curbin2. It shall be the responsibility of the Owner to repair
or replace any curbing damaged during constrUction of the Dwelling or during site improvements
, made to Owner's Lot.
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Section 22. Sodding: 'and Seedin~. Any Lot shall be seeded or sodded in its entirety
(except for areas approved by the Declarant or. the ARC, as applicable, as natural or landscaped)
within six (6) weeks of completion of the Dwelling, weather and season permitting, or as soon
as possible in the subsequent growing season, if the Dwelling is completed during winter
months.
Section 23. LandscapinlZ. All landscape materials sbalI be of known hardiness in
Minnesota. All landscaping and grass areas within the Lot sha1l be installed prior to occupancy,
, or as soon thereafter as weather permits, and shall conform to general planting guidelines as set
by the ARC or Declarant, and be maintained in good faith.
Section 24. Signage. No sign shaIl be placed on any Lot or within the Property
without the express written consent of the ARC except that one "for sale n sign of typical size
and proportion not greater than six (6) square feet may be placed on a Lot by an Owner without
ARC approval. The Declarant. so long as it owns any Lot in the Property, shall be exempt from
such signage restrictions.
Subdivision identification entrance moimments may be installed by Declarant and entrance
and advertising signs may be installed by Declarant and m91T1tllmed until Declarant no longer
owns any Lot.
During the constrUction and sales period of Park Place in Farmington, the Declarant may
place such directional and advertising signs as it deems necessary or desirable for the sale of
Lots.
Section 25. Front Porches. A front porch is defined as a wood deck or concrete stOOp
at the front entrance of 'the Dwelling with a roof over the entire porch area, and decorative
railings as required by the City of Farming Building Code. Each front porch shall have a
miniml1m depth of four (4) feet and a minimum area 9f twenty-four (24) square feet~ Front
porches shall be required for not less than twep.ty percent (20 %) of all single family attached
. Dwellings within the Property being developed or to be developed pursuant to the East
Farmington Planned Unit Development.
Section 26. Basements. The maximum depth of a basement for any single family
Dwelling shall not' exceed five (5) block courses from rough finish grade unless approved in
writing by both the City of Farmington and Declarant. '
ARTICLE VIn.
LOT MAINTENANCE
Section 1. Maintenance and Repair. In order to preserve the uniform and
high-standard appearance of the Property. each Owner undertakes responsibility for mlltntenance
and repair of ' the exterior of his or her Dwelling, exterior yard area and driveway on the Lc?t.
Such respoDSloility for maintaining the Lot and improvementS thereon shall include, but not be
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limited to the following: the m"intenance and repair of exterior surfaces of all buildings on the
Lot, including but without limitation, the pajnting of the same as often as necessary, the
replacement of trim and cmll}cing, the maintenance or repair of roofs; gutters, downspouts and
overhangs, the m"inteJIan~ and repair of exterior windows and doors, necessary painting.
,staining and repair of patio strI1CtU1'e5. In J1'Iaintaining exterior yard areas and private driveways
an Owner sbal1 be required to mow, trim, water or otherwise care for grass, trees or other plants
located on a Lot and sba1l be required to remove snow from the private driveways, parking areas
aDd walkways to the Dwelling. Maintenanee, painting and const:rl1Ction shall be in the original
~lors and materials, or according to approved color boards on fue with the Association. Other
colors and materials shall require approval by the Declarant or ARC, as applicable, in
accordance with Article VI.
ARTICLE IX.
RESERVED RIGHTS OF DECLARANT IN THE COM:MON AREA
Declarant, for so long as it owns any: Lot in the Property or retains the right to subject
'....d.' .-A:dditional Property to the scheme of this. DectaratioI4 may, exercise the following rights in the.'
Common Area without the consent of any other Owner or other third party:
(a)
To create or grant easements over and across the Common Area which Declarant
deems necessary to complete any residential development or any portion of Park
Place in Farmington;
(b)
At Declarant's expense, to constrUct improvements over, across and upon the
Common Area;
(c)
To store constrUction materials and equipment on the Common Area incident to
the initial constrUction of any improvements in Park Place in Farmington; and
(d)
To maintain signage advertising Park Place in Farmington.
ARTICLE X.
PROPERTY RIGHTS IN THE COMMON AREA AND EASEMENTS TO CITY
Section 1. Easements.
1.1 Subject to the provisions of Section 2 hereof, and any other rights of the
Declarant and the Association under this Declaration, there shall exist, and the Declarant
hereby grants and conveys the following easements in favor of each Owner and
appurtenant to sUch Owner's Lot ~ss and upon ~ Common Area:
(a) A non-exclusive easement to constrUct, install. 'repair and replace sanitary
and storm sewer, water, gas, electric, telephone, cable television and
other utility lines servicing such Lot in the location the same shall be
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(c)' The right of the Association, as provided in its Articles and By-Laws, to
suspend the voting and enjoyment rights of any Member for any period
during which any Assessment remains unpaid, as provided in the
Association's By-Laws;
(d) The right of the Declarant to make use of such portions of the Common
Area as may be necessary and incidental to the constrUCtion and sale of
any initial improvements upon the Property and such other rights as are
contained in Article hereof including, without vote or consent of the
Members, to grant easements to public agencies or utilities incident to the
original development of Park Place in Farmington;
(e)
The right of the Association to dedicate or transfer all or any part of the
Common Area to any public agency, authority or utility for ~ch purposes
and subject to such conditions as may be agreed to by the Members,
.,.. .~roY.ided that no such dedication or transfer determination as to the
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purposes or as to the, conditions thereof shall be effective lU;Iless an
instrument signed by Members entitled to cast two-thirds (2/3) of the votes
of each class of membership has been recorded agreeing to such
dedication, transfer, purpose or condition, and unless written notice of the
proposed agreement and action thereunder is sent to every Member at
least ninety (90) days in advance of any action taken. Nothing herein
contained. shall be constrUed as a dedication of any part of the Common
Area to the public or to public use.
v
(f)
The rights of the City of Farmington granted under this Declaration,
including the rights of ingress of egress, over and across those easement
areas on Exhibit C hereto and the rights of the City to perform requested
Block Park maintenance. ,
Section 3. Delegation of Rig:hts. Any Owner may delegate the Owner's right and
easement of enjoyment in and to the Common Area to the members of the Owner's family,
guests'or to tenants who reside on ~e Lot.
ARTICLE XI.
INSURANCE
Section 1. Liabilitv Insurance: Fidelity Bonds. The Board of Directors of the
Association, or its duly authorized agent, shall obtain a broad form of public liability insurance
covering an of the Common Area insuring the Association, with such limits of liability as the
Association shall determine to be necessary. Such insurance policy sball contain a "severability
of mterest- clause which shall preclude the insurer from denying the claim of an Owner because
of the negligence of the Association or other Owner.
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brought to enforce the provisions of this Declaration shall be commenced within six (6) months
after the date of the occurrence of the alleged violation.
Section 3. Severability. Invalidation of any one of these covenants or restrictions by
judgment or court order shall in no way affect any other provision which shall remain in full
force and effect.
Section 4. Rules and Re~Iations. The Board of Directors of the Association may,
'from time to time, adopt such rules and regulations as the Board, in its sole discretion, deems
appropriate or necessary, including, without limiting the generality of the foregoing, additional
rules and regulations conce"rning the use of parking areas, maintenance of the Common Areas
and additional rules and regulations concerning the appearance of each Lot and utilization of
,po~ areas~ Without limiting the generality of th~ foregoing, ~ Association may adopt rules
and regulations gove~g or restricting the use of chemical fertilizers, herbicides or pesticides.
s.ection_S~ Rig:hts of Declarant._U.ntiltheJas.tLotjs.-iOlcLand--.CO.ny.e-y_e,Lt.o_an..~r__,____
other than a Declarant, the following activities by Declarant or with the written consent of
Declarant will not be deemed violations of the covenants and restrictions of this Declaration:
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(a) The use of a Lot or Lots for model and sales .office pmposes;
(b) The storage of a constrUction trailer, equipment, materials and earth during the
initial construction of Dwellings on Lots or the Common Area;
.
(c) The display on Lots or Common Area of signs advertising the Property, or new
Dwellings, and the maintenance of temporary fencing, walkways, landscaping and
berming in the vicinity of model and sales units.
~ Section 6. Amendment. This Declaration may be amended upon the recordation of
an appropriate instmment in the office of the County Recorder or Registrar of Titles, whichever
r'~, . is appropriate, subject to the following provisions: '
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,(a) Declarant may amend the Declaration for any reason without the approval of the
Members for' a period of two (2) years from the date of the recording of this
Declaration;
(b) Any amendment initiated by any pany other than Declarant must obtain the
approval of at least seventy-five percent (75 %) of the votes of the Members; and
(c) Any duly adopted amendment to this Decluation shall run with and bind the
Property for the same period and to the same extent as to the covenants and
restrictions set forth herein, ,and reference in the .Declaration to the "Declaration"
sball include, without limitations, any such amendment.
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Section 7. . Duration of Covenants and Easements. The coVeJ;lantS, restrictions, and
easements of this Declaration shall run with and bind the land and shall inure to 'the benefit of
and be enforceable by the ASsociation or the Owner of any Lot subject to this Declaration, or
their respective legal representatives, heirs, successors and assigns. The easements set forth
herein shall be perpetual. The covenants, restrictions, conditions and reservations imposed and
created by this Declaration shall be perpetual, and considered exempt from the thirty (30) year
durationaI limit set forth in Section 500.20, subd. 2a of Minnesota Statutes, pursuant to MinD.
Stats. Section 500.20 subd.2a(S). 'The covenants and restrictions of this Declaration may be
4lID.ended during the first twenty (20) year period by an instrument signed by not less than
seventy-five percent (75 %) of the Owners and thereafter by an insttument signed by not less than
sixty-seven percent (67%) of the Owners. Any amendment must be properly recorded.
[The rest of this page is inte~onaIly left blank]
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IN ~S WHEREOF. the undersigned, being the Declarant herein, has executed
this Declaration of Easements and Protective Covenants this ..J.!!1. day of ~ ,U-(lCtJ.
1996. '
SIENNA CORPORATION
a Minnesota corporation
By:~~ ~~
/ Rodney D Hardy, '
. Its: Vice President
STATE OF MINNESOTA )
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The foregoing instrument was acknowledged before me this 1'9 day' of J1~ ,
1996 by Rodney D. Hardy, Vice President of Sienna CorPoration, a Minnesota cOlporation, on
behalf of the corporation.
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Notary Pu~lic ,
!I Ibis instrument was drafted by:
f], . . Doherty, Rumble & Butler, P .A. (KRP)
,u' 3500 F1fth Street Towers
150 South Fifth Street
Minneapolis, MN SS402-4235
(612) 340-5555 '
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fhomas J. Campbell
R.oger N. Knutson
Thomas M. Scott
Elliott B. Knetsch
Joel J. Jamnik
Andrea McDowell Poehler
Soren M. Mattick
John F. Kelly
Henry A. Schaeffer, III
Alina Schwartz
Samuel J. Edmunds
Cynthia R. Kirchoff
Marguerite M. McCarron
1380 Corporate Center Curve
Suite 317' Eagan, MN 55121
651-452-5000
Fax 651-452-5550
www.ck-law.colt1
CAMPBELL KNUTSON
Professional Association
...
Direct Dial: (651) 234-6219
E-mail Address:JJamnik@ck-law.com
November 21,2008
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Dennis M. Hansen, CMCA
East Farmington Homeowners Association, Inc.
3300 Edinborough Way, Suite #202
Edina, Minnesota 55435
Dear Mr. Hansen:
Thank you for your letter dated November 11th. The City Council discussed your
letter briefly at the Council meeting Monday, November 17th and determined that the
matter should be brought to a future Council workshop, probably sometime in
December.
In order to provide the appropriate level of background for the Council to fully
evaluate the circumstances and your requests, please forward any judicial orders or
settlements involving the East Farmington Homeowners Association ("HOA"), the 66
homeowners in the 4th Addition, Siena Corporation and any other persons.
This information is essential if the Council is to effectively evaluate the financial
burden on the HOA and the expectations of the 66 homeowners in the 4th Addition.
In your first paragraph, 'you allege City responsibility for not checking on the
recording of documents that address the respective responsibilities of Siena, the HOA,
and successor owners (but not the City), and allege liability against the City for not
monitoring these private legal relationships following development approvals. Please
provide an explanation why the HOA did not previously seek to assert these claims as
part of the litigation activities involving either the 4th Addition residents or Sienna.
With regard to your second question regarding the Board's ability to sell the park land,
I believe we previously provided you or your counsel with copies of the recorded
planned unit development agreement and development site plans. Please let me know
if I am in error or if you need additional copies.
Regarding the HOA's decision to not plow or maintain the private streets within the
4th Addition, has the HOA similarly informed the residents abutting Aspen and Birch
Courts of that decision?
Dennis M. Hansen, CMCA
East Farmington Homeowners Association, Inc.
November 21,2008
Page 2
Please provide copies of the requested documents and your responses as soon as
possible in order for us to provide Council with the information.
"
. ,
Sincerely,
CAMPBELL KNUTSON
Professional Association
B~
Joel J. '
JJJ:sm
cc: Farmington Mayor and City Council
Peter J. Herlofsky, City Administrator
.,
EAST FARMINGTON HOMEOWNERS ASSOCIATION, INC.
'.'.
3300 Edinborougb Way #202
Edina, MN 55435
Tel: (952) 831-8325
Fax: (952) 253-3352
Website: www.laukka.com
November 11, 2008
Campbell Knutson Law Firm
Attn: Joel Jamnik Esq,
City Attorney for East Farmington
1380 Corporate Center Curve
317 Egandale Office Center
Eagan, MN 55121
, Via: Certified Mail
Dear Mr. Janmik,
I am writing you today in regards to the problems that have developed at the East Farmington Homeowners Association due to
the failure of the proper filing and recording of the 4lh Addition of Park Place, I would like to thank you for meeting with me
and the East Farmington Board of Directors, and their attorney K.C. Ahrens, this spring to discuss the many different
ramifications that this error has caused and continues to cause this community, Now that the 4th Addition Lawsuit has been
settled with the 66 homeowners of the 4th Addition, not being a part of the Association, the Board has directed me to ask yoti
the following questions:
1. Will the City take ownership of the 4th Addition Parks if they are willingly deeded to the City? As you know, since
the 66 homeowners in the 4th Addition are no longer paying association dues, the maintenance of these parks are a
financial burden to the rest of the members of the Association, and the Board is requesting that the City take
ownership of these parks since nobody from the City ever bothered to check to see if these additions were properly
recorded and made part of the Planned Unit Development. The Board feels that the City has some liability with this
lack of monitoring this development and its legal documents that run with the land,
2, Can the Association sell these 4 block parks? If not, please provide us some documentation or a copy of the deed,
which precludes this from happening,
3, The two private streets in the 4th Addition; Aspen Court and Birch Court are not part of the Association, therefore the
Association will not be providing snow removal or maintenance to these streets,
4, Also, please [md enclosed a copy of the letter that was sent to the US Postmaster for the City of Farmington asking for
the removal of the 4th Addition Homeowners from their group mailboxes, and the requirem.ent that they provide their
own mailbox,
As you may be aware, this error has caused a substantial financial burden to the Association and all of its members are going to
have to foot the bill. The Board prays for some cooperation, help, and or financial assistance from the City in rectifying this
mistake, Please provide answers to these questions at your earliest convenience.
Sincerely,
For the Board of Directors,
Dennis M. Hansen, CMCA
CC: East Farmington City Council Members, Planning Commission, Mayor Soderberg,
Parks and Recreation Advisory Commission, City Administrator
Hellmuth and Johnson, Attorneys at Law- K,C, Ahrens & Chad Johnson
EAST FARMINGTON HOMEOWNERS ASSOCIATION, INC.
3300 Edinborough Way #202
Edina, MN 55435
Tel: (952) 831-8325
Fax: (952) 253-3352
Website: www.1aukka.com
August 14, 2008
East Farmington Post Master
509 3rd Street
Farmington, MN 55024
Dear East Farmington Post Master,
As discussed several months ago over the telephone, the East Farmington Board of Directors has been
confronted with a recording error from the original developer of Park Place that has caused 66 homes
known as the 4th Addition to be removed from the Association. This has an impact on the use of the
Association's group mailboxes,
The Board would like to either rent their mailboxes to the homeowners in the 4th addition at a monthly
rate, or have them removed from the mailboxes that they own. These homeowners in the 4th AdditiQn
would have to have their own individual mailboxes installed in their respective front yards if they are not
willing to rent the mailbox from the Association. These homeowners do not pay association dues any
longer, and therefore will be charged to use the Association's mailbox or the locks will be removed from
the boxes, and mail will no longer to be delivered to the associations mailboxes that they rightfully own
and maintain.
The Board would like to institute this new policy as soon as possible. Please send us your approval ofthis
request, and guide us on the proper and legal procedures for causing such a change to happen at your
earliest convenience.
Sincerely,
For the Board of Directors,
Dennis M. Hansen, CMCA
Managing Agent
Laukka Management, Inc.
CC: East Farmington Board of Directors
East Farmington City Attorney, Joel Jamick