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41 <br />42 <br />43 <br />44 <br />45 <br />46 <br />47 <br />48 <br />49 <br />50 <br />S1 <br />52 <br />53 <br />54 <br />55 <br />56 <br />57 <br />58 <br />59 <br />60 <br />61 <br />62 <br />63 <br />64 <br />65 <br />66 <br />67 <br />68 <br />69 <br />70 <br />71 <br />72 <br />73 <br />74 <br />75 <br />76 <br />77 <br />78 <br />79 <br />80 <br />81 <br />82 <br />83 <br />84 <br />3. City Maintenance and Repair Obli atg ions. The City hereby agrees that, following <br />completion and acceptance of the work of installing the Modified Public Improvements, the City's <br />obligations to perform City Maintenance as specified in Section 2 of the Agreement shall apply to <br />the Modified Public Improvements to the same extent as applicable to the balance of the Public <br />Improvements specified under the Agreement which have not been modified hereunder. United <br />Properties and the Cooperative specifically agree that when performing City Maintenance on the <br />storm sewer system lying under the parking lot, the City may place cones or other barriers to <br />temporarily restrict access to or use of parking stalls in the affected area of the parking lot until <br />such work has been completed. <br />4. United Properties and Cooperative Maintenance and Repairs. United Properties <br />and the Cooperative each confirm the following: (a) that their respective obligations to �naintain <br />all Private Landscaping located on their respective Parcels as specified in Section 5 of the <br />Agreement shall apply to al] Private Landscaping adjacent to the Modified Public Improvements <br />to the same extent as applicable to the balance of the Private Landscaping adjacent to the balance <br />of the Public Improvements specified under the Agreement which have not been modi�ed <br />hereunder; and (b) that United Properties and the Cooperative shall be solely responsible for the <br />maintenance and repair of the parking ]ot improvements located above the storm sewer system. <br />Except as specifically modified by this Amendment, the Agreement shall remain <br />unchanged and in full force and effect. <br />IN WITNESS WHEREOF, the foregoing Agreement has been executed on the day and <br />year iirst above written. <br />STATE OF MINNESOTA <br />COUNTY OF <br />) <br />) ss <br />) <br />CITY OF ROSEVILLE <br />I� <br />I: <br />Daniel J. Roe, Mayor <br />William J. Malinen, City Manager <br />The foregoing instrument was acknowledged before me this day of , <br />2012, by Daniel J. Roe, Mayor, and William J. Malinen, City Manager, of the City of Roseville, a <br />Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority <br />granted by its City Council. <br />DOCS-#3801699-v+2 <br />Notary Public <br />