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EXHIBIT H MAINTENANCE <br />AGREEMENT <br /> <br /> <br />SHARED MAINTENANCE AGREEMENT <br /> <br /> <br /> <br />Agreement <br />THIS SHARED MAINTENANCE AGREEMENT (the “”), is made as of the <br /> <br />day of, 2015, by F&C Ramsey Apartments, LLC, an Indiana limited <br />F&C <br />liability company (“”), and the City of Ramsey, Minnesota, a public body politic and <br />City <br />corporate under the laws of the State of Minnesota (“”). <br /> <br />RECITALS <br />: <br /> <br /> <br />1. F&C owns certain land and improvements located in Anoka County, Minnesota, <br /> Exhibit A <br />which is more particularly described on attached hereto and made a part hereof <br />F&C’s Land <br />(“”), on which there is constructed a four story apartment building and related <br />F&C’s BuildingF&C’s Real Estate <br />improvements (“,” and together with F&C’s Land, “”); <br /> <br />2. City owns certain land and improvements located in Anoka County, Minnesota, <br />Exhibit B <br />which is more particularly described on attached hereto and made a part hereof <br />City’s LandCity’s Building <br />(“”), on which there is constructed a multilevel parking building (“”, <br />City’s Real Estate <br />and together with City’s Land, “”); <br /> <br />3. F&C’s Building and City’s Building are located immediately adjacent to one <br />another but the parties acknowledge that F&C’s Building does not provide support for City’s <br />Building and City’s Building does not provide support for F&C’s Building. F&C’s Building <br />BuildingBuildings <br />and City’s Building (each, a “” and together the “”) share certain oversized <br />Footings <br />footings for support (the “”) and at the top of the common wall area F&C constructed <br />certain improvements to prevent water, dirt and debris from going between the Buildings (the <br />Wall Cap”) Shared <br />“(the Footings and Wall Cap together may be referred to as the “ <br />Improvements <br />”); and <br /> <br />4. F&C and City each desire to provide for the preservation and enhancement <br />of their respective properties, and to provide for the maintenance, repair and reconstruction, if <br />necessary, of the Shared Improvements. <br /> <br />NOW, THEREFORE, for good and valuable consideration, including the mutual <br />promises and agreements herein contained, the receipt and sufficiency of which are hereby <br />acknowledged, the parties hereto hereby agree as follows: <br /> <br />1. The use, maintenance, repair and reconstruction of the Shared Improvements shall <br />be governed according to the following: <br /> <br />(a) F&C shall maintain, repair and/or reconstruct or cause to be maintained, <br />repaired and/or reconstructed the Wall Cap, and City hereby grants to F&C and its agents <br />and contractors such access to City’s Building and City’s Real Estate as may be <br />reasonably necessary to perform such maintenance, repair and/or reconstruction. <br /> <br />(b) The cost and expense of the maintenance, repair and/or reconstruction <br />described in Section 1(a) shall be shared equally by F&C and City. City will reimburse <br /> <br />25 <br />6983739v2 <br /> <br />