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<br />LA515\12\940628.v1 <br />1 <br />SECOND AMENDMENT TO SALLY MANZARA INTERPRETIVE NATURE CENTER <br />DEVELOPMENT, LEASE, LICENSE, AND OPERATING AGREEMENT <br /> <br /> This Second Amendment to Sally Manzara Interpretive Nature Center Development, <br />Lease, License, and Operating Agreement (this “Second Amendment”) is made this ____ day of <br />________________, 2024, by and between the City of Lake Elmo (the “City”) and the Friends of <br />Lake Elmo’s Sunfish Lake Park., a Minnesota non-profit corporation (the “Friends”). <br /> <br /> WHEREAS, the City and the Friends entered into that certain Sally Manzara Interpretive <br />Nature Center Development, Lease, License, and Operating Agreement effective April 21, 2017 <br />(the “Lease”) providing for the development and operation of the Sally Manzara Interpretive <br />Nature Center by the Friends in the City’s Sunfish Lake Park; and <br /> <br /> WHEREAS, the City and the Friends amended the Lease in 2019 to remove the provision <br />that required a City representative to be a voting member on the Friends’ Board of Directors; and <br /> <br /> WHEREAS, the Lease requires audited financial statements to be submitted to the City by <br />the Friends; and <br /> <br /> WHEREAS, the Friends have requested that this requirement be removed from the Lease <br />because it is very costly and the Friends would prefer to use these funds to support nature education <br />and community outreach for the nature center; and <br /> <br /> WHEREAS, the City is willing to remove this requirement; and <br /> <br /> NOW, THEREFORE, in consideration of the premises and the mutual obligations of the <br />parties hereto, the City and the Friends hereby agree as follows: <br /> <br /> 1. Amendment to Article III, Section 2 of the Lease. Article III, Section 2 of the Lease <br />is amended to read as follows: <br /> <br /> 2. Financial Disclosures. The Friends agree to provide the City with a detailed <br />disclosure of its financial resources. The City shall have the right to examine the <br />Friends’ books and financial records at any time upon making a written request. <br /> <br /> 2. Miscellaneous. Except as specifically provided herein, the terms and conditions of <br />the Lease are confirmed and continue in full force and effect. <br /> <br />