RES 20-054 APPROVING FIRST AMENDMENT TO CONTRACT FOR PRIVATE REDEVLOPMENT BETWEEN THE HRA, THE CITY OF ST. ANTHONY AND DORAN SLV, LLC

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