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FIRST AMENDED AND RESTATED CONSTRUCTION AND REMOVAL <br /> AGREEMENT <br /> THIS FIRST AMENDED AND RESTATED CONSTRUCTION AND REMOVAL <br /> AGREEMENT (the "First Amendment") is made this day of , 1999 by <br /> and between Sandi and Christopher Pidel, husband and wife (the "Owners"), and CITY OF <br /> MOUNDS VIEW(the"City"), a Minnesota municipal corporation. <br /> I. RECITALS <br /> WHEREAS, Owner is the owner of certain property located at 8300 Fairchild Avenue in the <br /> City of Mounds View, County of Ramsey, State of Minnesota, legally described on the attached <br /> Exhibit A(the "Property"); and <br /> WHEREAS, Owner and City have entered into a Construction and Removal Agreement, <br /> dated , 1999(the "Agreement")regarding the Property; and <br /> WHEREAS, Owner and City desire to amend the Agreement in certain regards; and <br /> WHEREAS, Owner and City desire to clarify responsibilities for arranging for and paying <br /> for the demolition required by the Agreement. <br /> NOW, THEREFORE, in consideration of the mutual covenants and obligations herein <br /> contained, the Agreement is hereby amended in the following respects: <br /> I. Section 1.06 is hereby amended to read as follows: <br /> 1.06. City agrees to pay for the demolition of the existing home (the Structure) <br /> within 30 days of the issuance of a final Certificate of Occupancy on the House. <br /> II. A new Section 1.08 is hereby added to read as follows: <br /> 1.08. Owner agrees to arrange for the demolition (such demolition to be <br /> accompanied by removal of all debris) or otherwise remove the Structure (including house, <br /> garage, driveway and sidewalk, abatement of well, tanks and hazardous materials and <br /> provide a level grade on the site) from the Property within sixty (60) days after substantial <br /> completion of the House. Owner shall secure three (3) quotations or bids for the demolition <br /> of the Structure and shall select the party with the lowest quotation or bid to perform the <br /> demolition. <br /> III. Section 2.04(b)is hereby amended to read as follows: <br /> (b) Owner further agrees that City may withhold issuance of a final Certificate <br /> of Occupancy for the House until the terms of Section 2.04 of this Agreement has been <br /> satisfied. <br /> IV. A new Section 2.04(c)is hereby added to read as follows: <br /> SJR-171907v1 <br /> MU205-16 <br />