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AMENDMENT TO <br />STREET MAINTENANCE AGREEMENT <br />THIS AMENDMENT TO STREET MAINTENANCE AGREEMENT (this <br />"Amendment") is made and entered into as of the day of , 2020, by and <br />between IRC SILVER LAKE VILLAGE, L.L.C., a Delaware limited liability company ("IRC'), <br />and the CITY OF SAINT ANTHONY, a Minnesota statutory city (the "City"). <br />RECITALS <br />A. The City and IRC's predecessor in interest, St. Anthony Retail Development, <br />LLC, previously entered into that certain unrecorded Street Maintenance Agreement dated as of <br />September 17, 2004 (the "Original Agreement"). The Original Agreement affects the land <br />described on the attached Exhibit A (the "Property"). <br />B. IRC has or is under contract to sell, among other property, a portion of the <br />Property described on Exhibit B attached hereto ("Released Property") to Doran SLV, LLC <br />(together with its successors and assigns, "Doran"). <br />C. In consideration of Doran's acquisition and redevelopment of the Released <br />Property, upon which a vacant big box retail building is currently located, Doran has requested <br />that the Parties release the Released Property from the Original Agreement. <br />D. The Parties agree that the IRC's remaining interest in the Property serves as <br />sufficient collateral for the obligations of IRC under the Original Agreement and, as such, desire <br />to amend the Original Agreement to release Doran and the Released Property from the Original <br />Agreement. <br />NOW, THEREFORE, in consideration of the mutual covenants set forth herein and other <br />good and valuable consideration, the receipt and sufficiency of which the Parties hereby <br />acknowledge, the Parties agree as follows: <br />1. Definitions. Except as expressly provided herein, words and phrases in this <br />Amendment have the same meanings as defined in the Original Agreement. <br />2. Release of Doran and the Released Property. The Parties hereby forever <br />discharge and release Doran and the Released Property legally described on Exhibit B attached <br />hereto from the Original Agreement and the obligations and liabilities thereunder. <br />3. Conflicts/Ratification. If there is any conflict between the provisions of the <br />Original Agreement and this Amendment, the provisions of this Amendment shall control. <br />Except as amended by this Amendment, the Original Agreement is ratified by the Parties and <br />remains in full force and effect. Each of the Parties represents and warrants that it has the full <br />capacity, right, power and authority to execute, deliver and perform this Amendment, and all <br />required actions, consents and approvals therefor have been duly taken and obtained. Upon full <br />