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• CLEAN COPY FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF FALCON HEIGHTS AND FALCON HEIGHTS TOWN SQUARE LIMITED PARTNERSHIP THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT, effective the day of 2003 by and between the City of Falcon Heights, a Minnesota municipal corporation (hereinafter referred to as the "City") and Falcon Heights Town Square Limited Partnership, a Minnesota limited partnership (hereinafter referred to as the "Multifamily Developer"). Recitals A. The parties entered into a Development Agreement dated , 2003 ("Agreement"). B. The parties wish to amend the Agreement's provisions as herein provided. NOW THEREFORE, it is agreed between the parties as follows: 1. The Article I definition of "Acquisition Costs" is amended to read as follows: "Acquisition Costs" means the total amount paid by the City to acquire or attempt to acquire the Shopping Center Parcel, the Snelling Avenue Parcel and the Snelling Avenue Frontage Road - North of Larpenteur, including, but not limited to, the following: (1) the amount of compensation paid by the City for the real property either by settlement or as determined in the eminent domain proceedings to the owners of the Shopping Center Parcel and Snelling Avenue Parcel; (2) any payment to any owner or tenant for loss of going concern value; (3) any payment for fixtures; (4) relocation benefits paid to an owner or tenant pursuant to Minn. Stat. Ch. 117, the Federal Uniform Relocation Assistance Act, or any other state or federal statute or regulation; (5) costs incurred by the City in providing relocation services; (6) all appraisal costs; (7) reasonable legal fees incurred by the City in any aspect of either the eminent domain proceeding or relocation benefit process; (8) appraisal, relocation and other expert witness fees and costs, and any other reasonable litigation expenses incurred in connection with the eminent domain proceedings or relocation benefit process. 33