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M FOURTH AMENDMENT T® REDEVELOPMENT AGREEMENT TEAS FOURTH AMENDMENT TO REDEVELOPMENT AGREEMENT ("Fourth Amendment") is made and entered into this day of _ 2005, by and between the CITY OF SAINT ANTHONY, MINNESOTA, a Minnesota statutory city (the "City") the ROUSING AND REDEVELOPMENT AUTHORITY OFTHE CITY OF SAINT ANTHONY, MINNESOTA, a public body corporate and politic organized and existing under the laws of the State of Minnesota (the "Authority"), and APACHE, REDEVELOPMENT, LLC, a Minnesota limited liability company (the "Developer"). RECTIALS WHEREAS, the Developer, the City and the Authority have previously entered into a Redevelopment Agreement dated as of December 19, 2003 (the "Redevelopment Agreement") and the capitalized terms used in this Second Amendment shall have the meaning given them in the Redevelopment Agreement; WHEREAS, pursuant to the Redevelopment Agreement, the Developer agreed to develop a Development located in the Project Area in two Phases; WHEREAS, under Section 8.1 of the Redevelopment Agreement, the Developer and the Authority agreed to resolve certain issues concerning Phase II by negotiating and entering into a Phase Il Contract Addendum by May 31, 2004; WHEREAS, through a first Amendment to Redevelopment Agreement, dated May 13, 2004, and a Second Amendment to Redevelopment Agreement, dated November 9, 2004, the Developer, the City and the Authority extended the original deadline, under Section 8.1, for completion of the Phase II Contract Addendum of May 31, 2004, until June 30, 2005, and the deadline for providing pro formas, more detailed site plans and other Project Element information to April 15, 2005; WHEREAS, the Developer has provided pro formas, more detailed site plans and other Project Element information; and. WHEREAS, the Developer has requested that the current deadline for completion of the Phase lI Contract Addendum be extended until September 30, 2005. 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: Section 8.1 of the Redevelopment Agreement is hereby amended to read as follows: "Section 8.1 Phase IT Timing, General Contract Structure. The Developer has been approved by the Authority to undertake Phase 11 of the Development, however the parties acknowledge that certain issues remain to be resolved prior to commencement of Phase I1. The Developer has agreed to the Developer Fee Hold Back as provided in Section 11.5, as