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HOUSING AND REDEVELOPMENT AUTHORITY <br />Of THE CITY OF ST. ANTHONY <br />RESOLUTION NO. 0 6-012 <br />RESOLUTION RELATING TO A FIRST AMENDMENT TO AN ASSIGNMENT, <br />ASSUMPTION) EASEMENT, PARD MANAGEMENT AND MAINTENANCE. <br />AGREEMENT BY ANIS BETWEEN ST, ANTHONY RETAIL DEVELOPMENT, LLC, <br />APACHE PARR,. LLC, THE HOUSING AND REDEVELOPMENT AUTHORITY OF <br />THE CITY OF SAINT ANTHONY, MINNESOTA, AND THE CITY OF SAINT <br />ANTHONY, MINNESOTA <br />WHEREAS, the City of St. Anthony (the "City'), the Housing and Redevelopment Authority <br />of the City of Saint Anthony (the "AUTHORITY""), St. Anthony Retail Development, LLC ("St. <br />Anthony Retail"), and Apache Park, LLC ("Apache Park") entered into that certain Assignment, <br />Assumption, Easement, Park Management and Maintenance Agreement dated as of January. 1, 2006 <br />(the "Maintenance Agreement") regarding the operation and maintenance of the Ponding Site <br />improvements identified in the Maintenance .Agreement, all located within the area of the City <br />commonly known as Salo Park; and <br />WHEREAS, Apache Park assumed the obligation to maintain the Ponding Site Improvements <br />and surrounding area, in accordance with the terms and conditions of the Maintenance .Agreement; and <br />WHEREAS, the City has installed. a stone sculpture in the area in recognition of the City's <br />sister city of Salo, Finland; and <br />WHEREAS, Apache Park has requested that ongoing maintenance of the sculpture, and any <br />liability resulting from the sculpture's location within the area covered by the Maintenance Agreement, <br />should be the responsibility of the City and not Apache Park; and <br />WHEREAS, the City and the Authority concur that the Maintenance Agreement should be <br />amended to properly address these issues. <br />NOW, THEREFORE, BE IT RESOLVED, by the St. Anthony..Housing and Redevelopment <br />Authority as follows <br />That the Chair and Executive Director are authorized to enter into a First Amendment to <br />Assignment, .Assumption, Easement, Park Management and Maintenance Agreement by <br />and between St. Anthony Retail Development, LLC, Apache .Park, LLC, the Housing <br />and Redevelopment Authority of the City of Saint Anthony, Minnesota, and the City of <br />Saint Anthony, Minnesota. <br />Adopted this 14th day of November, 2006. <br />Chair <br />Executive Director <br />8 <br />