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<br />, <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />1,00 <br /> <br />2.00 <br /> <br />DRAFt <br /> <br />PLANNED UNIT DEVELOPMENT PERMIT <br />AND DEVELOPMENT AGREEMENT <br />CITY OF ARDEN HILLS <br />GUIDANT CORPORATION <br /> <br />Parties. ThiS Agreement is dated the day of ,2003, and is <br />entered into by and between City of Arden Hills, a Minnesota municipal corporation <br />(herein "City"); and Guidant Corporation, a Minnesota corporation, its successors <br />and assigns (herein "Guidant"). <br /> <br />Recitals. <br /> <br />A. Atlantic Financial Group Ltd. And Cardiac Pacemakers, Inc. are the record <br />fee owners of certain real property ("Guidant Property") located within the <br />City which is defined and illustrated on a Preliminary Plat attached and <br />incorporated as Exhibit A (the "Preliminary Plat"). <br /> <br />Guidant, as Developer of the Guidant Property, has requested that the City <br />approve a planned unit development ("PUO") for the Guidant Property. The <br />Master Plan PUD which is labeled "Guidant Campus Master Plan - Prepared <br />by Guidant Corporation for City of Arden Hills, September, 2002" is attached <br />and-incorporated as Exhibit 8 (the "Master Plan PUO"). <br /> <br />a. <br /> <br />'.';: <br /> <br />C, <br /> <br />Guidant has proposed to develop the Guidant Property inthn~e (3) phases <br />between 2003 and 2018. The phasing schedule is contained in the Master <br />Plan PUD. <br /> <br />D. Subsequent to Master Plan PUD and Preliminary Plat approval, Guidant will <br />need to obtain Final Plan PUD approval, Final Plat approval and building <br />permit approvals for improvements to be constructed within ,each phase, all in <br />compliance with the procedures defined in the City's Development <br />Regulations. Upon approval by the City Council, the final plat will attached <br />and incorporated as Exhibit A-1 (the "Final Plat"), and the final plan PUD will <br />be, attached and incorporated as Exhibit 8-1 (the "Final Plan PUO"). <br /> <br />E. On October 28, 2002, the City agreed to approve the MasterPlan PUD and <br />the Preliminary Plat for the Guidant Property subject to the terms and <br />conditions of this Development Agreement. <br /> <br />F, As part of the development review process, an Alternative .Urban Areawide <br />Review and Mitigation Plan, dated January, 2003 and was prepared by the <br />SRF Consulting Group, Inc. and is attached and incorporated as Exhibit C <br />(the "A.U.A.R. Plan"). The A.UAR. Plan was approved by the City Council <br />on February 24, 2003. <br /> <br />3.00 Terms and Conditions. In consideration of the mutual undertakings herein <br />expressed, the parties agree: <br />