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2 <br />3 <br />� <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />Attachment C <br />FIRST AMENDMENT <br />TO <br />AMENDED AND RESTATED <br />PUBLIC IMPROVEMENT EASEMENT AND MAINTENANCE AGREEMENT <br />THIS FIRST AMENDMENT TO AMENDED AND RESTATED PUBLIC <br />IMPROVEMENT EASEMENT AND MAINTENANCE AGREEMENT (the "Amendment") <br />dated December _, 2012, is entered into by and among the City of Roseville, a Minnesota <br />municipal corporation, of 2660 Civic Center Drive, Roseville, Minnesota 55113 ("the City"); <br />United Properties Residential LLC, a Minnesota limited liability company, of 3500 American <br />Boulevard West, Suite 200, Bloomington, MN 55431 ("United Properties") and Applewood <br />Pointe Cooperative of Roseville at Langton Lake, a Minnesota cooperative corporation, of 3500 <br />American Boulevard West, Suite 200, Bloomington, MN 55431 (the "Cooperative"). <br />WITNESSETH: <br />A. On May 3, 2011, the City, United Properties and the Cooperative entered into that <br />certain Amended and Restated Public Improvement and Maintenance Agreement dated May 3, <br />2011 (the "Agreement"), pursuant to which the parties clarified their respective obligations with <br />respect to the maintenance of certain public improvements to be made by United Properties under <br />that certain Public Improvement Contract by and between United Properties and the City dated as <br />of February 28, 2011 (the "Public Improvement ContracY'), which public improvements were to <br />be made to certain real property owned by the Cooperative described as Parcel 1 in Exhibit A <br />attached hereto ("Parcel l"), as well as certain property owned by United Properties and described <br />as Parcels 2 and Parcel 3 on Exhibit A hereto ("Parcel 2" and "Parcel 3," respectively, and <br />together with Parcel 1, the "Property"). <br />24 B. The parties have agreed to certain modifications to the public improvements to be <br />25 constructed by United Properties pursuant to the Public Improvement Contract, and wish to <br />26 document these modifications as well as to confirm the parties' respective maintenance <br />27 obligations under the Agreement with respect to such public improvements as modified. <br />28 NOW, THEREFORE, in consideration of the foregoing and the mutual covenants <br />29 herein contained and for other good and valuable consideration, the receipt and sufficiency of <br />30 which are hereby acknowledged, the parties hereto hereby agree as follows: <br />31 1. Capitalized Terms. Any capitalized word or phrase as used herein shall have the <br />32 meaning as given by this Amendment, or if not so given, shall have the meaning as defined in the <br />33 Agreement. <br />34 2. Modiiication of Public Improvements. The parties hereto agree that the Pond as <br />35 well as the Utility Improvements associated therewith located on the northwesterly corner of the <br />36 Property as shown on Page 1 of Exhibit B to the Agreement shall be modified as shown on Exhibit <br />37 C to this Amendment (collectively, the "Modified Public Improvements"). The parties agree <br />38 that the Modified Public Improvements shall be deemed to be a subset of the "Public <br />39 Improvements" as specified in the Agreement, such that the references in the Agreement to the <br />40 Public Improvements shall be deemed to include the Modified Public Improvements. <br />DOCS-#3801699-v+2 <br />