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Phase II property; berm removal on Phase I; tree removal on Phase <br />I and Phase II; and, removal and disposal of fuel tank and contents <br />thereof. <br />5. Article IV of the Original Development Agreement shall be amended to read as <br />follows: <br />Section 4.3 <br />Commencement and Completion of Construction. The Developer <br />shall cause construction of the Phase II Minimum Improvement to <br />be commenced on or before January 15, 2005, and subject to <br />Unavoidable Delays, developer shall have substantially completed <br />the Phase II Minimum Improvements on or before September 30, <br />2005. All work with respect to the Minimum Improvements to be <br />constructed or provided by the Developer on the Development <br />Property shall be in conformity with the construction plans <br />approved by the City. <br />6. Article VI of the Original Development Agreement shall be amended to read as <br />follows: <br />Section 6.1 Execution of Assessment Agreements. <br />(b) Prior to the conveyance of the property, the Developer and <br />the City shall execute an Assessment Agreement relating to the <br />Phase II Development of the property pursuant to the provisions of <br />Minnesota Statues, Section 469.177, Subdivision 8, specifying the <br />Assessor's Minimum market value for the Phase II Development <br />Property for calculation of real property taxes. Such Assessment <br />Agreement shall be in the form set forth in Exhibit E. Specifically, <br />the Developer shall agree to the market value for the Phase II <br />Development Property and the Phase II Minimum Improvements <br />in an amount of $1,396,550.00 as of January 2, 2006, (such <br />minimum market value is herein referred to as the "Assessor's <br />Phase II Minimum Market Value "). The Assessment Agreement <br />and this Amendment to Development Agreement shall remain in <br />effect until December 31, 2017. If required by Ramsey County, <br />Developer and City shall execute a revised Assessment <br />Agreement. The remaining provisions of Section 6.1(b) of the <br />Original Development Agreement are and shall remain in full force <br />and effect. <br />7. Art icle VII of the Original Development Agreement shall be amended to read as <br />follows: <br />4 <br />6 <br />