11-13-2002 Council Agenda - Laserfiche WebLink

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FIRST AMENDMENT TO LICENSE TO REMOVE ASBESTOS AND DEMOLISH IMPROVEMENTS 1. RECITALS. 1.1 Recital One. The City of Little Canada, a Minnesota municipal corporation (the "City "), The Lodge at Little Canada LLC, a Minnesota limited liability company ( "The Lodge "), and Sherman Associates, Inc., a Minnesota corporation (the Lodge and Sherman Associates, Inc. are referred to herein collectively, as "Sherman ") are parties to a License to Remove Asbestos and Demolish Improvements effective as October 15, 2002 (the "Original License "). 1.2 Recital Two. The City and Sherman desire to amend the Original License to extend the time period during which Sherman may demolish the building, pursuant to Section 3 of the Original License and excavate footings and foundations pursuant to Section 4 of the Original License. 1.3 Recital Three. The City and Sherman desire to further amend the Original License to grant Sherman the right to construct improvements in addition to footings and foundations pursuant to Section 4 of the Original License. 1.4 Recital Four. The City and Sherman are executing this First Amendment to License to Remove Asbestos and Demolish Improvements in consideration of the mutual covenants set forth herein. 2. AMENDMENT TO SECTION 3. Section 3 of the Original License is hereby amended by deleting the reference to January 31, 2003 in the first sentence and replacing it with a reference to April 30, 2003. 3. AMENDMENT TO SECTION 4. Section 4 is deleted in its entirety and replaced with the following: 4. Excavation and Construction of Footings, Foundations and other Improvements. If Sherman exercises its right to demolish the building located on the Property, completes the demolition of the building and all related improvements including, but not limited to, the asphalt parking lot located on the Property and removes all demolition debris as required under Section 3 above, Sherman may, prior to April 30, 2003, conduct excavations and construct footings, foundations and other improvements on the Property as necessary and appropriate in connection with and in furtherance of the construction of the improvements described in the Development Agreement to be executed between the Economic Development Authority of the City of Little Canada (the "EDA ") and The Lodge. 4. AMENDMENT TO SECTION 5. Section 5 is hereby amended by adding the following sentence at the end of Section 5 of the Original License: The term "City Parties" as used in this License includes the EDA. 1464729v1