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ANIENDED AND RESTATED PUBLIC IMPROVEMENT EASEMENT AND MAINTENANCE AGREEMENT THIS PUBLIC iMPROVEMENT EASEMENT AND MAINTENANCE AGREEMENT ("Agreement") dated �__ , 2Q11., is entered into between the`City of Roseville, a Minnesota mtmicipal corpo tian, of 2660 Civic Center Drive, Roseville, Minnesota SS l l 3 ("the City"}; United Properties Residential T,LC, a Minnesota limited liability company, of 350Q American Boulevard West, Suite 2Q0, Bloomington, MN 5543 i("United Properties"), and Apple�voad Fointe Coopera.tive of Roseville at Langton Lake, a Minnesata caoperative corparatior►, of 35Q0 American Boulevard West, 5uite 200, Bloomington, MN 55431 (the "Cooperative"}. WITNESSETH: A. The Cooperative is the owner of that certain real estate located in Ramsey County, Minnesota, described as Parcel 1 in Exhibit A at#ached hereto and rnade a gart hereof ("Parcel i s��. B. United Properties is the owner of that certain real eslate located in Ramsey County, Minnesota, described as Parcel2 and Pazcel 3 in Exhibit A attached hereto and hereby inade a part hereof ("Parcel2 and Parcel3"). C. Pursuant to that certain Pnblic Tmprovement Contract by and between United Properties and the City dated as of. February 28, 2011 (the "Publie Improvement Contract"), United Properties is constructing and installing a number of pul�lic improvements an Parcels 1, 2, and 3, and the streeis shown on the glat of Applcwood Pointe of Langton Lake, includizzg a roadway and associated curbing (the "Street Improvemen�s'�; a public pathway (the "Pathway Improvements"); a sanitary sewer, watemiain, hydrants, and storm sewer with outlet c:ontrol struciures and flareti end sections, including all above- or below-graund pipes, intakes anel/or out�ets and o#her mechanical equipment associated therewith (collectively, the "Utility Improvements"); ponds (the "Ponds"}; infiltration basins (the "Infiltration Basius"), and the retaining wall and fence (the "Retaiining Wall and �'ence Improvemen#s"), the ]ocation of which improvements is shown on thvse certa.in p�ans attached hereto as Exhibit B aE#ached hereto and made a part hereof (the "Impraveu►ent Plans"}. AlI of the foregoing iiems are collectively referred to herein as (the "Public Imgrovements"}. D. The parties hereto wis� to enter into fhis Agreement for the purpase of clarifying their respective abligations vv�th respect to tbe maintenance of the Public Improvements, as well as to grant easements riecessary to provide sufficient access to such Public Improvements #'or the purpase of perfarming such maintenance. /�' � �