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1 1 2 PUBLIC IMPROVEMENT EASEMENT AND MAINTENANCE AGREEMENT 3 JOSEPHINE HEIGHTS 4 5 THIS PUBLIC IMPROVEMENT EASEMENT AND MAINTENANCE AGREEMENT 6 ("Agreement ") dated ___________, 2013, is entered into between the City of Roseville, a 7 Minnesota municipal corporation, whose address is 2660 Civic Center Drive, Roseville, 8 Minnesota 55113 (“the City ”), and Landmark 6 of Roseville, LLC, a Minnesota limited liability 9 company, whose address is 13432 Hanson Blvd. NW, Andover, MN 55304 (the “Grantor ”). 10 11 W I T N E S S E T H: 12 A. The Grantor is the owner of that certain real estate located in Ramsey County, 13 Minnesota, legally described as set forth in Exhibit A attached hereto and hereby made a part 14 hereof (the "Property "). Lot 1, Lot 2, Lot 3, Lot 4, Lot 5 and Lot 6 are collectively referred to 15 herein as the “Lots.” Outlot A and B are collectively referred to herein as the “Outlots.” 16 B. Pursuant to that certain Public Improvement Contract by and between the parties 17 hereto dated as of _____________, 2013 (the “Public Improvement Contract ”), the Grantor is 18 constructing and installing a number of public improvements on the real property contained 19 within the Plat of Josephine Heights, including a roadway and associated curbing (the “Street 20 Improvements ”); a sanitary sewer, watermain, hydrants, and storm sewer, including all above- 21 or below-ground pipes, intakes and outlets and other mechanical equipment associated therewith 22 (collectively, the “Utility Improvements ”); and bioretention ponds (the “Bioretention Ponds ”),23 the location of which improvements is shown on those certain plans attached hereto as Exhibit B 24 attached hereto and hereby made a part hereof (the “Improvement Plans ”). All of the foregoing 25 items are collectively referred to herein as the (“City Maintained Improvements ”). 26 C. Pursuant to the Public Improvement Contract, the Grantor is also planting and 27 installing trees, shrubs, grasses and other plantings and vegetation on the Property, including 28 ground cover in and for the Bioretention Ponds located within Outlots A and B. All of the 29 foregoing items are collectively referred to herein as the “Private Landscaping .”30 D. The Grantor and City desire to enter into this Agreement for the purpose of 31 clarifying their respective obligations with respect to the maintenance of the City Maintained 32 Improvements and Private Landscaping, as well as to grant easements necessary to provide 33 sufficient access to such City Maintained Improvements for the purpose of performing such 34 maintenance. 35 NOW, THEREFORE, in consideration of the foregoing and the mutual covenants herein 36 contained and for other good and valuable consideration, the receipt and sufficiency of which are 37 hereby acknowledged, the parties hereto agree as follows: 38 A ttac h ment A