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<br />. " <br /> <br />~. <br /> <br />.' <br />. <br /> <br />FIRST AMENDMENT <br />TO THE <br />CONTRACT FOR PRIVATE REDEVELOPMENT <br /> <br />THIS AGREEMENT is made on or as of this 10th day of May, <br />1994 by and between the City of New Brighton, Minnesota (the <br />"City") and stony Lake Properties, Inc., a Minnesota corporation. <br />(the "Redeveloper"). <br /> <br />WITNESSETH: <br /> <br />WHEREAS, the City and the Redeveloper entered into a <br />Contract for Private Redevelopment dated as of September 3, 1993 <br />(the "Contract" - Capitalized Terms not defined in this Agreement <br />are defined in the Contract); and <br /> <br />WHEREAS, the City and Redeveloper desire to amend the <br />Contract to further the purposes set forth therein; <br /> <br />NOW, THEREFORE, in consideration of the premises and the <br />mutual obligations of the parties hereto, the parties hereby <br />agree as follows: <br /> <br />Section 1. Section 2.1 of the Contract is amended by adding <br />a new subsection (i). <br /> <br />(i) The City also recognizes that located on or under <br />the Redevelopment Property are certain releases of <br />petroleum as those terms defined in Chapter 115 C of <br />Minnesota Statutes and are further described in the <br />reports set forth in Schedule C and which require <br />mediation. The City will comply with any M.P.C.A. <br />approved Work Plan and will secure a closure letter <br />from the M.P.C.A. indicating that the clean-up has been <br />performed in accordance with the Work Plan. The City <br />further agrees to remediate any other hazardous <br />substances, as described in the reports in Schedule C, <br />in accordance with any M.P.C.A. approved Work Plan <br />provided that the City is a responsible person (as <br />defined in Chapter 115 B of Minnesota statutes) and <br />provided that the Work Plan is obtained within five (5) <br />years of the date of this Agreement. <br /> <br />Section 2. Section 2.2 of the Contract is amended by adding <br />a new subsection (m). <br /> <br />(m) The Redeveloper will assist the City with the <br />City's implementation of its Tax Increment District No. <br />18 Tenant-Owner Relocation Assistance Program (the <br />"program"). Under the Program tenant-owners in Tax <br />Increment District No. 18 who are forced to relocate <br />