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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />FIRST AMENDMENT TO CONTRACT FOR PRIVATE REDEVELOPMENT <br /> <br /> This First Amendment (“First Amendment”) is made as of June __, 2020, by and between <br />the HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY, MINNESOTA, a <br />public body politic and corporate (the “Authority”), the CITY OF ST. ANTHONY VILLAGE, a <br />Minnesota municipal corporation (the “City”), and DORAN SLV, LLC, a Minnesota limited <br />liability company (the “Redeveloper”). <br /> <br />WHEREAS, the Authority, the City, and the Redeveloper entered into that certain Contract <br />for Private Redevelopment dated as of December 10, 2019 (the “Contract”), providing, among other <br />things, for the construction of certain improvements (the “Minimum Improvements”) on the <br />property legally described within the Contract (the “Redevelopment Property”); and <br /> <br />WHEREAS, the Redeveloper has requested, and the Authority and City have agreed, to <br />modify certain terms of the Contract arising as a result of the COVID-19 pandemic and other <br />causes. <br /> <br /> NOW, THEREFORE, in consideration of the premises and the mutual obligations of the <br />parties hereto, each of them does hereby covenant and agree with the other as follows: <br /> <br />1. Amendment to Section 1.1 of the Contract. Section 1.1 of the Contract is amended <br />to modify the definition of Unavoidable Delays as follows: <br /> <br />“Unavoidable Delays” means delays beyond the reasonable control of the party seeking to <br />be excused as a result thereof which are the direct result of strikes, other labor troubles or shortages, <br />frozen ground or other adverse winter conditions, prolonged adverse or unforeseen weather or acts <br />of God or conditions resulting therefrom, public health emergencies (including without limitation <br />the COVID-19 pandemic), fire or other casualty to the Minimum Improvements, epidemics, <br />quarantines, unavailability of power, unavailability of materials, economic recession (defined as two <br />consecutive quarters in which there is a drop in the gross domestic product, discovery of hazardous <br />materials or other concealed site conditions or delays of contractors due to such discovery, <br />termination and/or eviction of existing tenants, litigation commenced by third parties which, by <br />injunction or other similar judicial action, directly results in delays, or acts of any federal, state or <br />local governmental unit (other than the Authority or City in exercising their rights under this <br />Agreement), including without limitation condemnation or threat of condemnation of any portion of <br />the Redevelopment Property, which directly result in delays. Unavoidable Delays shall not include <br />reasonable and customary delays experienced by the Redeveloper in obtaining permits or <br />governmental approvals necessary to enable construction of the Minimum Improvements by the <br />17