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FIRST AMENDMENT TO AMENDED AND RESTATED PARKING IMPROVEMENT USE AND MAINTENANCE AGREEMENT FOR PARKING DISTRICT A 1. Recitals. 1.1 Recital One. On or about April 27, 2012 the City of Ramsey, a Minnesota municipal corporation (the "City"), the Economic Development Authority of the City of Ramsey, a Minnesota body politic and corporate under the laws of the state of Minnesota (the "EDA") and the Housing and Redevelopment Authority in and for the City of Ramsey, Minnesota, a body politic and corporate under the laws of the state of Minnesota (the "HRA") executed an Amended and Restated Parking Improvement Use and Maintenance Agreement for Parking District A (the "Agreement"), which is dated, for reference purposes, as of April 30, 2012, and which was recorded in the office of the Anoka County Recorder and in the office of the Anoka County Registrar of Titles on May 3, 2012, as Document No. 2031856.006 (Abstract) and 508341.011 (Torrens). 1.2 Recital Two. Among other things, the Agreement grants the owner of Lot 3, Block 1, COR ONE, Anoka County, Minnesota an exclusive easement to use 275 parking stalls located on the property depicted on Exhibit D-1 of the Agreement (the "Exclusive Easement Area"). 1.3 Recital Three. Exhibit D-1 to the Agreement is a depiction of the Exclusive Easement Area. Section 3(1) of the Agreement obligates the City to survey the Exclusive Easement Area after the construction of the Ramp A Addition is completed and obligates the City and the owner of Lot 3 to execute an amendment to the Agreement to add the legal description of the Exclusive Easement Area to the Agreement as Exhibit D-2. 1.4 Recital Four. The City has completed construction of the Ramp A Addition. 1.5 Recital Five. Prior to adding a new Exhibit D-2 to the Agreement to set forth the legal description of the Exclusive Easement Area, the City and F&C Ramsey Apartments, LLC, an Indiana limited liability company ("F&C"), the current owner of Lot 3, Block, COR ONE, Anoka County, Minnesota ("Lot 3"), desire to amend the Agreement to: (a) change the location of a portion of the Exclusive Easement Area; and (b) grant F&C and exclusive easement over certain vestibules that have been constructed as a Part of the Ramp A Addition at the access points between the Ramp A Addition and the improvements F&C is constructing on Lot 3. 1.6 Recital Six. The City and F&C are entering into this Agreement in consideration of the mutual benefits each will receive by relocating the Exclusive Easement Area and as required by Section 3(1) of the Agreement. 1.7 Recital Seven. The EDA is not a party to this Agreement because the "Ground Lease" and the "Sub -Lease," as defined in the Agreement, have been terminated, and the EDA no longer has any right, title or interest in or two the property 5038383v2