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AGREEMENT <br />THIS AGREEMENT (this "Agreement") is made and entered into as of the <br />day of July 2009 (the "Effective Date"), by and between THE ECONOMIC <br />DEVELOPMENT AUTHORITY OF THE CITY OF LITTLE CANADA, a body corporate <br />and public established under Minnesota Statues Ch. 469 (the "EDA"), and NORTH <br />STAR BANK, a Minnesota banking corporation (the "Bank"). <br />WITNESSETH: <br />WHEREAS, the EDA and The Village at Little Canada, LLC, a Minnesota limited <br />liability company (the "Developer") have entered into that certain Development <br />Agreement dated as of December 9, 2003, as amended by the First Amendment to <br />Development Agreement dated as of August 3, 2005, and the Second Amendment to <br />Development Agreement dated as of July 7, 2009 (the "Development Agreement"), <br />pertaining to, among other things, the construction by Developer of certain commercial <br />buildings and other improvements generally described on Exhibit F attached to the <br />Development Agreement (the Minimum Improvements") on the Commercial <br />Development Property described in the Development Agreement; and <br />WHEREAS, the Development Agreement is evidenced by a Memorandum of <br />Development Agreement, dated December 9, 2003, filed with the Ramsey County <br />Recorder on January 28, 2004, as Document No. 3723788 and a Memorandum of <br />Development Agreement, dated March 3, 2006, filed with the Ramsey County Recorder <br />on March 13, 2006, as Document No. 3932235; and <br />WHEREAS, the Developer has assigned certain of its rights and obligations <br />under the Development Agreement with respect to the portion of the Commercial <br />Development Property referred to as Parcel 3 in the Development Agreement to Sweet <br />Cream Properties Little Canada, LLC, a Minnesota limited liability company (the <br />"Restaurant Developer"), pursuant to Partial Assignment and Assumption of <br />Development Agreement dated as of July 7, 2009. <br />WHEREAS, the Bank and the Restaurant Developer have entered into various <br />financing agreements dated as of July 7, 2009, whereunder the Bank agrees to provide <br />