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EXHIBIT H <br />Pro Forma Memorandum of Development Agreement <br />The parties to this Memorandum of Development Agreement ( "Memorandum ") are the <br />Economic Development Authority of the City of Little Canada, Minnesota (`FDA ") and The <br />Village at Little Canada LLC ( "Developer "). This Memorandum is dated <br />2003. <br />EDA and Developer have entered into a Development Agreement dated <br />2003 (the "Development Agreement "). In the Development Agreement, the EDA agrees to <br />convey the property legally described on the attached Exhibit A (the "Development Property ") to <br />the Developer and the Developer makes certain covenants and agrees to certain restrictions <br />regarding the Developer's development of the Development Property that are intended to run <br />with title to the Development Property including, but not limited to, the covenants set forth in <br />Sections 6, 7 and 8 of the Development Agreement. <br />EDA and Developer are executing and recording or filing, as the case may be, this <br />Memorandum to comply the Minnesota Statutes Section 507.34 and to provide record notice of <br />the Development Agreement. This Memorandum is not intended, and shall not be construed to <br />define, limit, or modify the Development Agreement. For information regarding the terms of the <br />Development Agreement, third parties should reference the Development Agreement, copies of <br />which are in the possession of the EDA and the Developer. <br />H -1 <br />