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® CITY OF ST. ANTHONY <br /> RESOLUTION NO. 06-084 <br /> RESOLUTION RELATING TO A FIRST AMENDMENT TO AN <br /> ASSIGNMENT, ASSUMPTION, EASEMENT, PARK MANAGEMENT AND <br /> MAINTENANCE AGREEMENT BY AND BETWEEN ST. ANTHONY RETAIL <br /> DEVELOPMENT, LLC, APACHE PARK, LLC, THE HOUSING AND <br /> REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT ANTHONY, <br /> MINNESOTA, AND THE CITY OF SAINT ANTHONY, MINNESOTA <br /> WHEREAS, the City of St. Anthony (the "City"), the Housing and Redevelopment <br /> Authority of the City of Saint Anthony (the "AUTHORITY"), St. <br /> Anthony Retail Development, LLC ("St. Anthony Retail"), and Apache <br /> Park,LLC ("Apache Park") entered into that certain Assignment, <br /> Assumption, Easement, Park Management and Maintenance <br /> Agreement dated as of January 1, 2006 (the "Maintenance Agreement") <br /> regarding the operation and maintenance of the Ponding Site <br /> Improvements identified in the Maintenance Agreement, all located <br /> within the area of the City commonly known as Salo Park; and <br /> WHEREAS, Apache Park assumed the obligation to maintain the Ponding Site <br /> Improvements and surrounding area, in accordance with the terms <br /> and conditions of the Maintenance Agreement; and <br /> WHEREAS, the City has installed a stone sculpture in the area in recognition of the <br /> City's sister city of Salo, Finland; and <br /> WHEREAS, Apache Park has requested that ongoing maintenance of the sculpture, <br /> and any liability resulting from the sculpture's location within the area <br /> covered by the Maintenance Agreement, should be the responsibility <br /> of the City and not Apache Park; and <br /> WHEREAS, the City and the Authority concur that the Maintenance Agreement <br /> should be amended to properly address these issues. <br /> NOW, THEREFORE, BE IT RESOLVED, by the City of Saint Anthony, Minnesota as <br /> follows: <br /> That the Mayor and City Manager are authorized to enter into a First <br /> • Amendment to Assignment, Assumption, Easement, Park Management <br /> and Maintenance Agreement by and between St. Anthony Retail <br />