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Fourth Amendment to Contract BAE Execution: December 5, 2019 ________________________________________________________________________ FOURTH AMENDMENT TO THE CONTRACT FOR PRIVATE REDEVELOPMENT By and Between the HOUSING AND REDEVELOPMENT AUTHORITY In and For THE CITY OF FRIDLEY, MINNESOTA And FRIDLEY LAND LLC ________________________________________________________________________ This document was drafted by: James Casserly, Esq. Monroe Moxness Berg PA 7760 France Ave South, Suite 700 Minneapolis, Minnesota 55435 952-885-1296 FOURTH AMENDMENT TO THE CONTRACT FOR PRIVATE REDEVELOPMENT th THIS FOURTH AMENDMENT is made on or as of this 5 day of December, 2019, by and between the Housing and Redevelopment Authority in and for the City of Fridley, Minnesota (the "Authority") and Fridley Land LLC, a Minnesota limited liability company (the "Redeveloper"). WITNESSETH: WHEREAS, the Authority and the Redeveloper entered into a Contract for Private Redevelopment dated as of October 3, 2013, a First Amendment to the Contract for Private Redevelopment dated as of May 1, 2014 (the “First Amendment”), a Second Amendment to the Contract for Private Redevelopment dated as of November 6, 2014 (the “Second Amendment”), and a Third Amendment to the Contract for Private Development dated as of July 14, 2016 (the “Third Amendment”) (collectively the "Contract"). (Capitalized terms not defined in this Agreement are defined in the Contract); and WHEREAS, the Redeveloper is performing all of its obligations required by the Contract; and WHEREAS, the Authority is performing its obligations in accordance with the Contract; and WHEREAS, the Authority and Redeveloper desire to amend the Contract to further the purposes set forth therein; NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, the parties hereby agree as follows: Section 1. Section 8.2 – Right to Collect Delinquent Fees. Section 8.2 is hereby deleted. Section 2. Amendment Supersedes Contract. The terms and conditions contained in this Fourth Amendment shall supersede any conflicting provisions contained in the Contract. IN WITNESS WHEREOF, the Authority has caused this Fourth Amendment to the Contract for Private Redevelopment to be duly executed in its name and behalf and the Redeveloper has executed this Fourth Amendment to Contract for Private Redevelopment on or as of the date first above written. \[Signature Pages Follow\] Dated: December 19, 2019 HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF FRIDLEY, MINNESOTA By _____________________________________ Its Chair By _____________________________________ Its City Manager STATE OF MINNESOTA ) )ss COUNTY OF ANOKA ) On this 20th day of December, 2019 before me, a notary public, personally appeared William Holm and Wally Wysopal to me personally known who by me duly sworn, did say that they are the HRA Chair and City Manager respectively, of the Housing and Redevelopment Authority in and for the City of Fridley, Minnesota, and acknowledged the foregoing instrument on behalf of said Authority. ___________________________________ Notary Public Authority Signature Page Fourth Amendment to Contract for Private Redevelopment 2 Dated: ____________________ FRIDLEY LAND LLC By Its STATE OF MINNESOTA ) ) ss. COUNTY OF ) On this _____ day of _____________________________, 201____ before me, a notary public, personally appeared ___________________________________________ of Fridley Land LLC, a Minnesota limited liability company, and acknowledged the foregoing instrument on behalf of said company. __________________________________ Notary Public Redeveloper Signature Page Fourth Amendment to Contract for Private Redevelopment 4816-4368-9390, v. 1 3