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<br />ASSIGNMENT, ASSUMPTION, EASEMENT, PARK MANAGEMENT
<br />AND MAINTENANCE AGREEMENT
<br />THIS ASStGN:MENf, ASSUMPTION, EASEMENT, PARK. MANAGIiiv11,,N'f AND
<br />MAIN"1'13NANC1, AGRI EMENT (the "Agreement") dated as of this _ day of
<br />2005, by and between APACHE PARK, LLC, a Minnesota limited liability company ("Apache
<br />Park"), and THIS HOUSING AND 1Z13D1?Vf;L,OPMI;NT AU'fHORLLY OF HE CITY OF
<br />SAIINT ANTHONY, MINNESOTA, a public body corporate and politic, organized and existing
<br />under the laws of the State of :Minnesota (the "Authority") and the CITY OF SAINT
<br />ANTHONY, Minnesota, a Minnesota statutory city (the "City").
<br />RECITALS:
<br />WHEREAS, Apache Park is the fee simple owncr of certain land located in the City of
<br />St. Anthony, County of Ramsey, Minnesota, legally described as Outlets A and 13, Silver Lake
<br />Village, according to the recorded plat thereof, and Outlet A, Silver Lake Center, according to
<br />the recorded plat thereof, all in Ramsey County, Minnesota (collectively the "Apache Park
<br />Property");
<br />WHEREAS, the City, the Authority and Apache Redevelopment, LLC, a Minnesota
<br />limited liability company ("Apache Redevelopment"), entered into a Redevelopment Agreement
<br />dated December 19, 2003 for the redevelopment of certain real property located in the City of
<br />Saint Anthony, which includes the Apache Park Property;
<br />WHEREAS, pursuant to a certain Assignment and Assumption dated as of December 19,
<br />2003 (the "Assignment") between Apache Redevelopment and St. Anthony Retail Development,
<br />LLC, a Minnesota limited liability company ("St. Anthony Retail"), Apache Redevelopment
<br />assigned to St. Anthony Retail, and St. Anthony Retail acquired from Apache Redevelopment,
<br />certain rights and obligations under the Redevelopment Agreement, including the obligations
<br />concerning construction of the "Ponding Site Improvements" (as defined in the Redevelopment
<br />Agreement);
<br />WHEREAS, pursuant to Section 5.13 of the Redevelopment Agreement and the
<br />Assignment, St. Anthony Retail, as the Commercial Developer (or a subsidiary of the
<br />Commercial Developer who owns the area of the Ponding Site Improvements) is obligated to
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