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SIXTH AMENDMENT TO <br />REDEVELOPMENT AGREEMENT <br />THIS SIXTH AMENDMENT TO REDEVELOPMENT AGREEMENT ("Sixth <br />Amendment') is made and entered into this day of _ 2007, by and <br />between the CITY OP SAINT ANTHONY, MINNESOTA, a Minnesota statutory city (the <br />"City"), the HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF <br />SAINT ANTHONY, MINNESOTA, a public body corporate and politic organized and existing <br />under the laws of the State of Minnesota (the "Authority"), and APACHE <br />REDEVELOPMENT, LLC, a Minnesota limited liability company (the "Developer"). <br />RECITALS <br />WHEREAS, the Developer, the City and the Authority have previously entered into a <br />Redevelopment Agreement dated as of December 19, 2003, as amended to date (the <br />"Redevelopment Agreement") and the capitalized terms used in this Sixth Amendment shall <br />have the meaning given them in the Redevelopment Agreement; <br />WHEREAS, pursuant to the Redevelopment Agreement, the Developer agreed to <br />develop a Development located in the Project Area in multiple Phases or idennents, including the <br />Phase I13 For Sale Housing Development or Element consisting of an initial 128 units of for sale <br />housing, subject to Final Plans to be approved by the City; <br />WHEREAS, under Section 10.1 of the Redevelopment Agreement (as amended by the <br />Fifth Amendment to Redevelopment Agreement dated November 11, 2006 (the "Fifth <br />Amendment')), the Developer agreed to commence construction of the Phase 113-1 For Sale <br />Housing Development by September 1, 2007, and the Developer has failed to do so; <br />WHEREAS, under Section 10.1 of the Redevelopment Agreement (as amended by the <br />Fifth Amendment), the Developer agreed to commence construction of the Phase 113-2 For Sale <br />Housing Development by September 1, 2008; and <br />WHEREAS, due to current market conditions and financing requirements, the Developer <br />has requested that Section 10.1 of the Redevelopment Agreement be amended to require <br />construction to commence on Phase I13-1 by September 1, 2008, and on Phase 113-2 by <br />September 1, 2009. <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 />1. Section 10.1 of the Redevelopment Agreement is hereby amended to read as <br />follows <br />Section 10.1 Development Timeline. Subject to Unavoidable Delays, <br />failure to commence construction on a Development Phase or Element in <br />accordance with the following dates shall be an Event of Default. The Applicable <br />Developers have indicated the desired dates are their reasonable estimates at the <br />time of entry into the Agreement of their expected date of commencement. <br />