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CITY OF ST. ANTHONY RESOLUTION NO, 06-084 RESOLUTION RELATING TO A FIRST AMENDMENT TO AN ASSIGNMENT, ASSUMPTION, EASEMENT, PARK MANAGEMENT AND MAINTENANCE AGREEMENT BY AND BETWEEN ST, ANTHONY RETAIL DEVELOPMENT, LLC, APACHE PARK, LLC, THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT ANTHONY, MINNESOTA, AND THE CITY OF SAINT ANTHONY, MINNESOTA WHEREAS, the City of St. Anthony (the "City"), the Housing and Redevelopment Authority of the City of Saint Anthony (the "AUTHORITY"), St. Anthony Retail Development, LLC ("St. Anthony Retail"), and Apache Park, LLC ("Apache Park") entered into that certain Assignment, Assumption, Easement, Park Management and Maintenance Agreement dated as of January 1, 2006 (the "Maintenance Agreement") regarding the operation and maintenance of the Ponding Site Improvements identified in the Maintenance Agreement, all located within the area of the City commonly known as Salo Park; and WHEREAS, Apache Park assumed the obligation to maintain the Ponding Site Improvements and surrounding area, in accordance with the terms and conditions of the Maintenance Agreement; and WHEREAS, the City has installed a stone sculpture in the area in recognition of the City's sister city of Salo, Finland; and WHEREAS, Apache Park has requested that ongoing maintenance of the sculpture, and any liability resulting from the sculpture's location within the area covered by the Maintenance Agreement, should be the responsibility of the City and not Apache Park; and WHEREAS, the City and the Authority concur that the Maintenance Agreement should be amended to properly address these issues. NOW, THEREFORE, BE IT RESOLVED, by the City of Saint Anthony, Minnesota as follows: That the Mayor and City Manager are authorized to enter into a First Amendment to Assignment, Assumption, Easement, Park Management and Maintenance Agreement by and between St. Anthony Retail 33