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<br /> <br /> <br /> <br /> A DEVELOPMENT & is effective <br />May 22, 2019, by and between the CITY OF CENTERVILLE, a Minnesota municipal <br />; and ELMCREST VISTAS, a Minnesota Limited Liability Corporation, (the <br />. The instant FIRST SUPPLIMENTAL AGREEMENT AND CODICIL <br />( is effective May 27, 2020, as a supplement and codicil to the original Agreement. <br /> The Agreement is controlling and governs the terms and conditions between the parties <br />except where specifically set forth in this Supplement. The terms of this Supplement are <br />incorporated into the Agreement. <br />1. REQUEST FOR ALTERATION OF THE AGREEMENT. The Developer has <br />asked the City to make the following changes to the terms of the Agreement. The City agrees to <br />the following changes to the terms of the Agreement. <br />a. Sidewalk. The sidewalk along Old Mill Court may be installed concurrently <br />to the construction of Laramee Lane during Phase II of construction, and in <br />any event, shall be installed no later than November 1, 2020. <br />b. Trail. The trail connecting Old Mill Court to Acorn Creek Park may be <br />installed concurrently to the final lift ofasphalt on Old Mill Court and the <br />first lift of asphalt on Phase II, and in any event, shall be installed no later <br />than November 1, 2020. <br />c. Pond pumping. The Developer shall pump excess ponding of water at the <br />development site on the Land until such time as Phase II construction <br />alleviates the ponding of water. <br />Version 5/22/2020 Page 2 <br /> <br />