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PUBLIC IMPROVEMENT EASEMENT AND MAINTENANCE AGREEMENT
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<br />3 THIS PUBLIC IMPROVEMENT EASEMENT AND MAINTENANCE AGREEMENT
<br />4, ("Agreement") dated February _, 2011, is entered into between the City of Roseville, a
<br />5 Minnesota municipal corporation, of 2660 Civic Center Drive, Roseville, Minnesota 55113
<br />6 ("the City"), and United Properties Residential LLC, a Minnesota limited liability company, of
<br />7 3500 American Boulevard West,, Suite 200,, Bloomington, MN 55431 (the "Grantor").
<br />8
<br />6
<br />WITNE S SETH:
<br />10 A. Grantor is the owner of that certain real estate located in Ramsey County,
<br />I I Minnesota,, and legally described as set forth in Exhibit A attached hereto and hereby made a part
<br />12 hereof (the "Prope 1 rty").
<br />13 B. Pursuant to that certain Public Improvement Contract by and between the parties
<br />14 hereto dated as of February _, 2011 (the "Public Improvement Contract"), Grantor is
<br />15 constructing and installing a number of public improvements on the Property, including a
<br />16 roadway and associated curbing (the "Street Improvements"); a public pathway (the "Pathway
<br />17 Improvements")- a sanitary sewer, watermain, hydrants,, and storm sewer with outlet control
<br />18 structures and flared end sections,, including all above- or below-ground pipes, intakes and/or
<br />19 outlets and other mechanical equipment associated therewith (collectively, the "Utility
<br />20 Improvements");
<br />on (the "Ponds"); infiltration basins (the "Infiltration Basins"),, and the
<br />21 retaining wall and fence the "Retaining Wall and Fence Improvements"), the location of
<br />22 which improvements is shown on those certain plans attached hereto as Exhibit B attached hereto
<br />23 and made a part hereof (the "Improvement Plans"). All of the foregoing items are collectively
<br />24 referred to herein as the "Public Improvements").
<br />25 C. Grantor and City wish to enter into this Agreement for the purpose of clarifying
<br />26 their respective obligations with respect to the maintenance of the Public Improvements, as well
<br />27 as to grant easements necessary to sufficient access to such Public Improvements for the purpose
<br />28 of performing such maintenance.
<br />29 NOW,, THEREFORE,, in consideration of the foregoing and the mutual covenants herein
<br />30 contained and for other good and valuable consideration, the receipt and sufficiency of which are
<br />31 hereby acknowledged, the parties hereto hereby agree as follows.-
<br />32 1. City Maintenance and Repairs. The City hereby agrees, warrants and covenants
<br />33 that it shall,, following completion and City acceptance of the work, maintain, repair and replace
<br />34 the Street Improvements, the Pathway Improvements,, the Utility Improvements, the Infiltration
<br />35 Basins,, and the Retaining Wall and Fence Improvements. In addition to the foregoing, the City
<br />36 agrees, warrants and covenants that it shall maintain, repair and replace any inlets and outlets to
<br />37 the Ponds,, and that it shall also remove sediment from the Ponds on a periodic as-needed basis.
<br />38 Maintenance,, repair and replacement shall be funded consistent with the City policy in place at
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