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1951267.v8
<br />Following Recording,
<br />Please Return Copy to:
<br />Doran SLV III, LLC
<br />c/o Doran Management, LLC
<br />7803 Glenroy Road, Ste. 100
<br />Bloomington, MN 55439
<br />AMENDED AND RESTATED
<br />EASEMENT, MANAGEMENT AND MAINTENANCE AGREEMENT
<br />THIS AMENDED AND RESTATED EASEMENT, MANAGEMENT AND MAINTENANCE
<br />AGREEMENT (this “Agreement”) is entered into this _____ day of _______, 2021 (“Effective Date”)
<br />by and among Doran SLV III, LLC, a Minnesota limited liability company (together with its successors
<br />and assigns “Salo Park Owner”); SVAP III Silver Lake Apache Park, LLC, a Delaware limited
<br />liability company (together with its successors and assigns “Apache Park Owner”), SVAP III Silver
<br />Lake Village, LLC, a Delaware limited liability company (“Shopping Center Owner,” and together
<br />with both Salo Park Owner and Apache Park Owner, collectively, the “Owners”); and The City of Saint
<br />Anthony Village, Minnesota, a Minnesota statutory city (together with its successors and assigns, the
<br />“City”). Salo Park Owner, Apache Park Owner, Shopping Center Owner and the City are each referred to
<br />herein from time to time as a “Party” and, together referred to herein from time to time as the “Parties”.
<br />WHEREAS, Salo Park Owner, Apache Park Owner, Shopping Center Owner, the City, and The
<br />Housing and Redevelopment Authority of the City of Saint Anthony Village, a public body corporate and
<br />politic organized and existing under the laws of the State of Minnesota (together with its successors and
<br />assigns, the “Authority”) are the current parties to that certain unrecorded Assignment, Assumption,
<br />Easement, Park Management and Maintenance Agreement dated January 1, 2006, as amended by that
<br />certain unrecorded First Amendment to Assignment, Assumption, Easement, Park Management and
<br />Maintenance Agreement dated November 15, 2006 (collectively, “Original Agreement”).
<br />WHEREAS, the Original Agreement affects certain real property owned, as of the Effective Date,
<br />by Salo Park Owner and legally described on Exhibit A attached hereto (“Salo Park Property”);
<br />WHEREAS, the Original Agreement affects certain real property owned, as of the Effective Date,
<br />by Apache Park Owner and legally described on Exhibit B attached hereto (“Apache Park Property”,
<br />and together with the Salo Park Property, collectively, the “Property”);
<br />WHEREAS, the Property features two drainage and retention ponds (each a “Pond” and
<br />collectively, the “Ponds”), and related general stormwater management improvements (together with the
<br />Ponds, collectively, as the same may be modified, replaced, substituted, and removed from time-to-time
<br />in accordance with this Agreement, applicable law, and best management practices, collectively, the
<br />“Stormwater Improvements”);
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