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SUPERSEDING STORMWATER MAINTENANCE AGREEMENT/ <br />BEST MANAGEMENT PRACTICE FACILITIES <br />AND EASEMENT AGREEMENT <br />THIS SUPERSEDING STORMWATER MAINTENANCE AGREEMENT / BEST <br />MANAGEMENT PRACTICE FACILITIES AND EASEMENT AGREEMENT <br />("Agreement") is made and entered into as of the day of 2024 by and <br />between SF REAL ESTATE LLC, a Minnesota limited liability compan ("Owner") and the CITY <br />OF ORONO, a Minnesota municipal corporation ("City"). <br />RECITALS <br />A. Owner is the fee owner of certain real property located at 3295 and 3345 Fox Street, in the City <br />of Orono, County of Hennepin, State of Minnesota, which are legally described as: <br />Lot 1, Block 1, Fullerton Estates (3295 Fox Street; PID 0511723440006), and <br />Lot 2, Block 1, Fullerton Estates. An undivided 1 interest in and to: OutlotA, Fullerton <br />Estates. (3345 Fox Street; PID 0511723440007), <br />(collectively, the "Property"); and <br />B. Lot 1 is currently improved with a stormwater pond that manages stormwater for the entire <br />Property; and <br />C. To facilitate the stormwater pond, the Property is subject to a Drainage Easement granted to <br />the City, dated September 30, 1997, which was filed of record in the Office of the Hennepin <br />County Registrar of Titles on December 11, 1997, as Document No. 2868640; and <br />D. The location of the existing Drainage Easement on Lot 1 is depicted on Exhibit A; and <br />E. The Property is also subject to that certain Stormwater Facility Maintenance Agreement dated <br />September 30, 1997, which was filed of record in the Office of the Hennepin County Registrar <br />of Titles on December 11, 1997, as Document No. 2868641; and <br />232154v8 1 <br />