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<br />~ <br />/]'\~ HILLS <br /> <br />CITY OF ARDEN HILLS <br />COUNTY OF RAMSEY <br />STATE OF MINNESOTA <br /> <br />RESOLUTION NO. 2008"021 <br /> <br />APPROVING SECOND AMENDMENT TO THE PRELIMINARY <br />DEVELOPMENT AGREEMENT WITH RRLD, LLC. <br /> <br />WHEREAS, the City and Developer entered into that certain Preliminary <br />Development Agreement dated March 30, 2007 as amended by the First Amendment <br />thereto dated April 30,2007 (the "PDA"), and <br /> <br />WHEREAS, the parties have determined a need to amend the PDA as further <br />described herein; <br /> <br />NOW, THEREFORE, in consideration of the covenants and obligations of the <br />parties hereto, the City and the Developer hereby agree as follows: <br /> <br />l. Section 11 of the PDA is amended to read as follows: <br /> <br />Section 1 I. Term of Agreement. This Agreement shall be effective through <br />March 3 I, 2009, subject to earlier termination in accordance with Section] 2. If for any <br />reason an MDA has not been entered into by the parties within the term of this Agreement <br />or any other mutually approved extension thereof, this Agreement shall be null and void and <br />neither party thereafter shall have any liability or obligations to the other except as otherwise <br />provided in Section 12(c) in this Agreement. <br /> <br />2. The PDA remains in full force and effect and is not modified except as <br />expressly provided herein. <br /> <br />IN WITNESS WHEREOF, the City has caused this Agreement to be duly <br />executed in its name and behalf and the Developer has caused this Agreement to be duly <br />executed in its name and behalf on or as of the date first above wlitten. <br /> <br />CITY OF ARDEN HILLS, MINNESOTA <br /> <br />By: <br />Its Mayor <br /> <br />By: <br />Its Interim City Administrator <br />