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<br />PLANNED UNIT DEVELOPMENT PERMIT <br />AND DEVELOPMENT AGREEMENT <br />CITY OF ARDEN HILLS <br />GUIDANT CORPORATION <br /> <br />. <br /> <br />1.00 Parties. This Agreement is dated the day of , 2003, and is <br />entered into by and between City of Arden Hills, a Minnesota municipal <br />corporation (herein "City"); and Guidant Corporation, a Minnesota corporation, its <br />successors and assigns (herein "Guidant"). <br /> <br />2.00 Recitals. <br /> <br />A. Guidant represents that Atlantic Financial Group Ltd., a Texas limited <br />partnership doing business in the State of Minnesota as Atlantic Financial <br />Group LP, its successors and assigns ("Atlantic") and Cardiac <br />Pacemakers, Inc.. a Minnesota corporation, its successors and assigns <br />("Cardiac") are the record fee owners of certain real property located <br />within the City, which is defined and illustrated on the proposed plat of <br />"Guidant First Addition", attached and incorporated as Exhibit A <br />("Guidant Property"). <br /> <br />Guidant represents that it has the authority of Atlantic and Cardiac to enter <br />into this Agreement and to develop the Guidant Property. <br /> <br />C. On the 28th day of October, 2002, the City's Council approved a planned <br />unit development master plan which was entitled "Guidant Campus Master <br />Plan - prepared by Guidant Corporation for City of Arden Hills, <br />September, 2002", and is attached and incorporated as Exhibit B ("PUD <br />Master Plan"). <br /> <br />. <br /> <br />B. <br /> <br />D. On the 24th day of February, 2003, the City's Council, as part of its <br />development review process, approved an Alternative Urban Areawide <br />Review and Mitigation Plan, which was dated January, 2003; was <br />prepared by the SRF Consulting Group, Inc.; and is attached and <br />incorporated as Exhibit C ("A.U.A.R. Plan"). <br /> <br />E. It is anticipated that full development of the Guidant Property pursuant to <br />the PUD Master Plan and the A.UAR. Plan, or any amendments thereto, <br />will occur over ten (10) to fifteen (15) years. Plan unit development final <br />plans will be submitted for review by the City's Council as various portions <br />of the project are completed. <br /> <br />On the 28th day of April, 2003, the City's Council reviewed and approved <br />the final plat for "Guidant First Addition", the Planned Unit Development <br /> <br />F. <br /> <br />. <br />