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THIS FIRST AMENDMENT TO TAX ABATEMENT AND BUSINESS SUBSIDY <br />AGREEMENT (the "First Amendment") is made and entered into this day of August, <br />2017, between the CITY OF ELK RIVER, MINNESOTA, a municipal corporation and <br />political subdivision under the laws of Minnesota (the "City"), and GATR OF SAUK RAPIDS, <br />INC., a Minnesota corporation (the "Developer"), and their permitted assigns. <br />RECITALS <br />WHEREAS, in June, 2015, the City and the Developer entered into that certain Tax <br />Abatement and Business Subsidy Agreement (the "Original Agreement" and, together with this <br />First Amendment, the "Abatement Agreement"); <br />WHEREAS, capitalized terms used in this First Amendment and not otherwise defined <br />herein have the meanings given to them in the Original Agreement; <br />WHEREAS, the City and the Developer desire to amend the Original Agreement to <br />correct the definition of Tax Abatement Property as set forth herein. <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 to amend the Original <br />Agreement as follows: <br />1. Amendment to Definitions. The following definition will be amended to read as <br />follows: <br />Tax Abatement Property means all and any portion of the real property currently <br />identified as Lots 1 and 2, Block 1, 2nd Phase Nature's Edge Business Park, Parcel <br />ID #s 75-828-0105 and 75-828-0110, respectively, located in the City; <br />2. No further amendment. Except as amended above, all other terms and conditions <br />of the Original Agreement shall remain in full force and effect. <br />3. Effective Date. The amendments made to the Original Agreement, as amended <br />by this First Amendment, shall be effective as of the date hereof. <br />505557v1 JSB ELI 85-32 <br />