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STATE OF MINNESOTA <br />COUNTY OF SHERBURNE <br />John and Elaine Dryer, <br />Plaintiffs, <br />V. <br />City of Elk River and SNL Island View <br />Properties, LLC, <br />Defendants <br />DISTRICT COURT <br />TENTH JUDICIAL DISTRICT <br />Case Type: Quiet Title <br />Case File No.: 71 -CV -18-705 <br />Judge Mary A. Yunker <br />FIRST AMENDMENT TO CONTINGENT AGREEMENT <br />RECITALS <br />WHEREAS, on December 19, 2017, Plaintiffs John and Elaine Dryer (referred to <br />hereinafter alternatively as "Plaintiffs" or "Dryers") initiated the above -captioned lawsuit, Case <br />File No. 71 -CV -18-705 (hereinafter "Lawsuit") against Defendants City of Elk River (hereinafter <br />"City") and SNL Island View Properties, LLC (hereinafter SNL") (Plaintiffs, the City, and SNL <br />are hereinafter collectively, "Parties," or individually "Party"); and <br />WHEREAS, the Parties to the Lawsuit entered into a Contingent Settlement Agreement <br />dated July 1, 2019 ("Agreement'); and <br />WHEREAS, the Agreement, in its paragraph seven (7), contemplated several events <br />which must occur in order to fully and finally settle the Lawsuit and as a prerequisite to the <br />Parties filing a Stipulation of Dismissal ("Contingencies"); and <br />WHEREAS, the Contingencies were to be occur by dates certain otherwise the agreement <br />was to be null and void; and <br />1 <br />