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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />(reserved for recording) <br /> <br />AMENDED AND RESTATED <br />MEMORANDUM OF GROUND LEASE AGREEMENT <br /> <br />THIS AMENDED AND RESTATED MEMORANDUM OF GROUND LEASE <br />th <br />AGREEMENT (this “Agreement”) is made on this 5 day of September, 2023, and is by and <br />between the CITY OF ELK RIVER, a Minnesota municipal corporation, as Lessor, whose <br />principal place of business is 13605 Orono Parkway, Elk River, Minnesota 55330 (the “City”), <br />and BOYS AND GIRLS CLUBS OF THE TWIN CITIES, a Minnesota nonprofit corporation, <br />as Lessee, whose principal place of business is 690 Jackson Street, St. Paul, Minnesota 55130 <br />(“Lessee”). All capitalized terms used herein and not defined have the meanings ascribed to them <br />in the Amended and Restated Ground Lease Agreement (as defined below). <br />The City and Lessee have, on September 5, 2023, entered into an Amended and Restated <br />1 <br />Ground Lease Agreement pursuant to which the City has leased to Lessee the real property <br />described below located in the City of Elk River, County of Sherburne, State of Minnesota: <br />That part of the North 95.00 feet of the South 420.00 feet, lying west of a line <br />495.00 feet west of, and parallel with, the centerline of Jackson Avenue (formerly <br />known as “old Highway No. 169” and State Trunk Highway No. 201), and lying <br />east of a line 713.00 feet west of, and parallel with, said centerline of Jackson <br />Avenue; all as measured at right angles, and all being part of the Southwest Quarter <br />of the Northwest Quarter of Section 34, Township 33, Range 26, Sherburne County, <br />Minnesota <br />(the “Leasehold Property”). <br />The Amended and Restated Ground Lease Agreement amends, restates, and replaces in its <br />entirety that certain Ground Lease Agreement that was entered into by the City and the Boys & <br />Girls Club of the North Star, a Minnesota nonprofit corporation (f/k/a Boys & Girls Club of Elk <br />River, Inc.) (the “Original Lessee”), which was dated March 16, 1999 (the “Original Lease”), and <br />for which a Memorandum of Ground Lease Agreement was recorded in the Office of the Sherburne <br />1 <br />2067394.0015/184093281.2 <br /> <br />