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defined in the Agreement as "Parking District A." The HRA is not a party to this <br />Agreement because it has conveyed its interest in the Lot 3 to F&C, and the HRA no <br />longer has any right, title or interest in or two the property defined in the Agreement as <br />"Parking District A." <br />2. Amendment to Section 4(a). The first sentence of Section 4(a) of the Agreement <br />is deleted in its entirety and replaced with the following: <br />The City hereby declares and grants a non-exclusive, appurtenant easement over the <br />portion of District A Parking Parcel and the portion of the District A Parking <br />Improvements that are not located within the boundaries of the Exclusive Easement Area <br />or the Vestibule Easement Area (the "Public Parking Areas") for the benefit of each <br />Parcel to permit the owner of each Parcel, each owners' tenants and each owners' and <br />each owner's tenants' employees, customers, agents, guests and invitees to use, on a first - <br />come, first -served basis and in common with members of the public, the number of <br />parking spaces in the Public Parking Areas that the District A Parking Plan allocates to <br />such owner's Parcel and to use the driveways and pedestrian elevators, stairways, <br />sidewalks and walkways that are a part of the District A Parking Improvements. <br />3. New Section 4(c). The City hereby declares and grants an exclusive, appurtenant <br />easement over the vestibule areas depicted on the attached Exhibit E (the "Exclusive Vestibule <br />Areas") for the benefit of Lot 3. The easement is to permit the owner of Lot 3 and such owner's <br />tenants and the owner's and owner's tenants' guests and invitees to use the Exclusive Vestibule <br />Areas as an entry way between the improvements F&C is constructing on Lot 3 and the Ramp A <br />Addition and to exclude all others from the use of the Exclusive Vestibule Areas. The City shall <br />construct the demising walls of each vestibule and shall install a door between the Exclusive <br />Parking Area or Public Parking Area, as the case may be, and the interior of each vestibule. <br />F&C, as the owner of Lot 3, must, at its sole cost and expense, maintain, repair and, as <br />necessary, replace the interiors of the vestibules and interior finishes, if any, to the walls, floors <br />and ceilings of the vestibules; any doors between the vestibules and the improvements <br />constructed on Lot 3; any doors constructed between the vestibules and the Exclusive Parking <br />Area or Public Parking Area, as the case may be; and any access control or other security <br />equipment F&C may elect to install on the vestibule doors. F&C must at all times maintain the <br />vestibules and the doors between the interior of each vestibule and the Exclusive Parking Area, <br />the Public Parking Area and the improvements constructed on Lot 3, as the case may be, in <br />compliance with all applicable fire codes and any other applicable federal, state, county or <br />municipal statue, law, ordinance, rule or regulation. The Exclusive Vestibule Areas may not be <br />used for any purpose other than as an entry way between the improvements F&C is constructing <br />on Lot 3 and the Ramp A Addition. For example, the Exclusive Vestibule Areas may not be <br />used for the storage of any personal property. <br />4. Amendment to Section 6. Section 6 is deleted in its entirety and replaced with <br />the following: <br />The City will maintain, repair and replace the District A Parking Improvements, <br />exclusive of the Exclusive Vestibule Areas, in a manner consistent with other public <br />parking facilities in the greater Minneapolis -St. Paul, Minnesota metropolitan area. The <br />2 <br />5038383v2 <br />