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1 <br />203267v1 <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />AMENDED AND RESTATED <br />STORMWATER AND RECREATIONAL FACILITIES <br />OPERATION, MAINTENANCE AND EASEMENT AGREEMENT <br /> <br /> <br /> THIS AMENDED AND RESTATED STORMWATER AND RECREATIONAL <br />FACILITIES OPERATION, MAINTENANCE AND EASEMENT AGREEMENT (this <br />“Agreement”) is made and entered into as of the ______ day of _____________, 2021, by and <br />between AHSL PARTNERS LLC, a Minnesota limited liability company (the “Owner”) and the <br />CITY OF ARDEN HILLS, a Minnesota municipal corporation (the “City”). This Agreement <br />hereby amends, restates, and replaces that certain Stormwater and Recreational Facilities Operation, <br />Maintenance and Easement Agreement, dated March 9, 2020, by and between the City and Arden <br />Hills Senior Living, LLC, a Minnesota limited liability company, Owner’s predecessor-in-interest <br />(the “Original Agreement”), which Original Agreement was attached as Exhibit B to that certain <br />Development Agreement recorded in the Office of the County Recorded, Ramsey County, <br />Minnesota, as Document No. A04829982. The Original Agreement is hereby made null and void <br />and of no force or effect. <br /> <br />RECITALS <br /> <br />A. The Owner is the fee owner of certain real property located in Ramsey County, <br />Minnesota, legally described in Exhibit A attached hereto ("Owner Property"); and <br /> <br /> B. The City is the fee owner of certain real property located in Ramsey County, <br />Minnesota, legally described in Exhibit B attached hereto (“City Property”) (Owner Property and <br />City Property collectively referred to “Properties”); and <br /> <br />C. The Owner is proceeding to build on and develop the Owner Property, and has <br />requested approval of the Planned Unit Development Agreement, Site Plan, Conditional Use <br />Permit and Final Plat (collectively “Plans”) for the proposed development; and <br /> <br /> D. The final Plans for Arden Hills Senior Living, which are expressly made a part <br />hereof, as approved or to be approved by the City, provides for piping/detention/retention of