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FIRST AMENDMENT <br /> TO <br /> RECIPROCAL EASEMENT AGREEMENT <br /> THIS FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT <br /> ("Amendment") is made this day of , 2019, by and between the City of Elk <br /> River, a Minnesota municipal corporation (the "City") and Elk River Independent School <br /> District No. 728, a Minnesota public corporation ("ISD"). <br /> RECITALS <br /> A. The City and ISD entered into a Reciprocal Easement Agreement dated July 12,' <br /> 1996 and filed of record with the Sherburne County Recorded on November 12, 1996 as <br /> Document No, 335340 ("Reciprocal Easement"); <br /> B. The parties have exchanged portions of their properties identified in the <br /> Reciprocal Easement in order to facilitate certain parking improvements and building expansions <br /> that necessitate a revision to the legal descriptions contained in the Reciprocal Easement; <br /> C. The parties also desire to revise the number of parking stalls dedicated to the <br /> City's use in connection with the expansion and improvement of the parking facilities located on <br /> ISD's property; <br /> NOW, THEREFORE, in consideration of the mutual covenants contained herein and <br /> other good and valuable consideration, receipt of which is hereby acknowledged, the parties <br /> agree as follows: <br /> 1. Amendment to Exhibit A of Reciprocal Easement. Exhibit A is amended in its <br /> entirety as attached in Exhibit A-1 to this Amendment. <br /> 2. Amendment to Exhibit B of Reciprocal Easement. Exhibit B is amended in its <br /> entirety as attached in Exhibit B-1 to this Amendment. <br /> 3. Amendment to Section 1.1 of Reciprocal Easement. Section 1.1(a)(1) is <br /> amended to read as follows: <br /> (1) easements to use the respective parking facilities on each Parcel for the <br /> parking of vehicles and passage by pedestrians, subject to the right of the owner of Parcel <br /> 1 to designate approximately 75 parking spaces on Parcel 2 for the exclusive use of the <br /> Users of Parcel 1 (the "Reserved Parking Area"); <br /> 4. Amendment to Section 3.6 of Reciprocal Easement. Section 3.6 is amended in <br /> its entirety to read as follows: <br /> 1 <br /> 202422v1 <br />