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93-084
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Resolutions 1993
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93-084
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8/4/2005 12:49:33 PM
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<br />SECOND AMEIiDMENT <br />TO <br />CONTRACT FOR PRIVA'I'E DEVELOPMEN'J: <br /> <br />THIS AGREEMENT is made on or as of this......__ day of <br />, 1993 by and between the City of New Brighton <br />Minnesota (the "Citylt) and New Brighton Senior Assisted Living <br />Limited Partnership, a Minnesota limited partnership (the <br />"Transferee") . <br /> <br />WITNESSETH: <br /> <br />WHEREAS, the City and Park Place Senior Housing Limited <br />Partnership (the "Developer") entered into a Contraot: for Private <br />development ot'ted 38 of .1ii\nUllry 24, 1986 (the "Agreement"); and <br /> <br />WHEREAS, the City and Developer 8.mended t.he AgY'AAtl\fent_ hy 1Il <br />letter agreement dated as of January 31, 1986; and <br /> <br />WHERaAS, on February 6, 1986, the City made a loan from its <br />Development Account to the Oeveloper in the sum of $150,000; and <br /> <br />WHEREAS, on tho d~tc the~eof the Developer delivered a <br />promissory Note to the City, with such terms and conditions as <br />contained in Exhibit D to t:he Agreemen~ (the "J:'romiusory Notc"); <br />and <br /> <br />WHEREAS, the Developer and the City have executed an <br />Assessment Agxeement dAted A8 of JAnu.ry , 1966 (~he <br />"AsseSSllent Agreement"); and <br /> <br />WHEREAS, the City and Developer entered into an Amendment to <br />contract tor Private Redevelopment dated as of , 1986 <br />(the "Amendment to ContraotU) which amended the Agreement, the <br />promissory Note ~O the Assessment Agreement; and <br /> <br />WHEREAS, the Transferee is requesting the City's approva1 to <br />be a successor in interest to the Developer in accordance with <br />Article IX of the Agreement; ana <br /> <br />WHEREAS, the city and the Transferee desire to further amend <br />the Agreement, the Promissory Note, the Assessment Agreement, and <br />the Amendment to COntract to further the purposes set forth <br />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 />1. The City hereby consents that the Transferee is a <br />transferee within the meaning of Article IX of the Agreement and <br />hereby recognizes the Transferee as a successor in interest to <br />the Developer. <br />
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