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Sen by: BRIGGS MORGAN ST PAUL 651 223 6450; <br />01/05/00 17:12; #105; Page 3/10 <br />FIRST AMENDMENT TO DEVELOPMENT AGREEMENT <br />1. Recitals: <br />a. Recital One: The City of Little Canada, Minnesota (the "City") and R. J. <br />Marco Construction, Inc. (the "Marco ") are parties to a Development Agreement dated as <br />of July 14, 1999 (the "Agreement "). <br />b. Recital Two; On or about December 20, 1999, Marco assigned its rights <br />under the Agreement to Little Canada North, LLC, a Minnesota limited liability company <br />(the "Developer "). <br />c. Recital Three: The City and the Developer desire to amend the <br />Development Agreement to modify various provisions thereof and are executing this <br />amendment the "First Amendment ") to set forth these modifications. <br />2. Jtffective Date: This First Amendment is effective as of January 5, 2000. <br />3. Modifications to Section 1.1- Definitions: The definitions of the terms "Land <br />Acquisition Costs" and Reimbursable Development Costs" set forth in Section 1.1 of the <br />Agreement are deleted in their entirety and replaced with the following: <br />a. Land Acquisition Costs means costs the Developer incurs, either directly or <br />by reimbursing the City for costs the City incurs, in connection with the <br />acquisition of the Development Property, including the purchase price paid for <br />Development Property, the amount of any condemnation award or judgement paid <br />for Development Property, costs incurred in establishing good title to <br />Development Property and any relocation costs paid in connection with any <br />condemnation of Development Property, Less the gross proceeds the Developer <br />receives from the sale of any excess Development Property described on the <br />preliminary plat of Rice Street Car Wash as Outlet A. <br />b. Reimbursable Development Costs means Reimbursable Land Acquisition <br />and City Costs and Reimbursable Soil Correction Costs. <br />4. Additions to Section 1.1- Definitions: The following definitions are added to <br />Section 1.1: <br />a. Reimbursable Laud Acquisition and City Costs means the aggregate of the <br />1122867.3 1 <br />