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HRA PACKET 11242020
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HRA PACKET 11242020
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11/19/2020 2:32:04 PM
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11/19/2020 2:31:36 PM
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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />SECOND AMENDMENT TO CONTRACT FOR PRIVATE REDEVELOPMENT <br /> <br /> This Second Amendment (“Second Amendment”) is made as of November __, 2020, by and <br />between the HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY, <br />MINNESOTA, a public body politic and corporate (the “Authority”), the CITY OF ST. <br />ANTHONY VILLAGE, a Minnesota municipal corporation (the “City”), DORAN SLV, LLC, a <br />Minnesota limited liability company (the “Phase I Redeveloper”), Doran St. Anthony, LLC, a <br />Minnesota limited liability company (the “Phase I Owner”) and Doran SLV II, LLC, a Minnesota <br />limited liability company (the “Phase II Owner and Redeveloper” and, together with the Phase I <br />Redeveloper, the “Redeveloper”). <br /> <br />WHEREAS, the Authority, the City, and the Phase I Redeveloper entered into that certain <br />Contract for Private Redevelopment dated as of December 10, 2019, as amended by a First <br />Amendment thereto dated as of June 23, 2020 (as so amended, the “Contract”), providing, among <br />other things, for the construction of certain improvements (the “Minimum Improvements”) on the <br />property legally described within the Contract (the “Redevelopment Property”); <br /> <br />WHEREAS, prior to the date of this Second Amendment, the Phase I Redeveloper <br />conveyed that portion of the Redevelopment Property legally described on Exhibit A attached <br />hereto (“Phase I Property”) to the Phase I Owner; <br /> <br />WHEREAS, as of the date of this Second Amendment, the Phase I Redeveloper is the <br />Managing Member of the Phase I Owner; <br /> <br />WHEREAS, prior to the date of this Second Amendment, the Phase I Redeveloper <br />conveyed that portion of the Redevelopment Property legally described on Exhibit B attached <br />hereto (“Phase II Property”) to the Phase II Owner and Redeveloper; and <br /> <br />WHEREAS, the Redeveloper has requested, and the Authority and City have agreed, to <br />acknowledge the transfer of ownership of the Redevelopment Property and to modify certain terms <br />of the Contract arising as a result of effects of the COVID-19 pandemic on the construction market <br />and other 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. Acknowledgement of Transfer. The City and the Authority hereby <br />acknowledge the transfer of the Phase I Property from the Phase I Redeveloper to <br />the Phase I Owner and the transfer of the Phase II Property from the Phase I
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