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7.0. EDSR 01-09-1995 FIRST AMENDMENT TO CONTRACT FOR 111 PRIVATE DEVELOPMENT THIS FIRST AMENDMENT TO CONTRACT FOR PRIVATE DEVELOPMENT is made and entered into this day of January, 1995, by and between ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF ELK RIVER ("EDA") and TESCOM CORPORATION, a Minnesota corporation ("Tescom") . RECITALS: FIRST: EDA and Tescom entered into that certain Contract for Private Development dated May 18, 1993 ("Contract") , regarding the property legally described as Lots 2 and 3, Block 2, Elk River Industrial Park 2nd Addition, Sherburne County, Minnesota. SECOND: EDA and Tescom desire to amend the Contract as set forth below. NOW, THEREFORE, in consideration of Ten and 00/100 Dollars ($10. 00) and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, EDA and Tescom agree that the Contract shall be amended as follows: 1. Schedule A of the Contract is hereby amended in its 111 entirety as follows : SCHEDULE A Description of Development Property Lot 1, Block 2, Elk River Industrial Park 2nd Addition, Sherburne County, Minnesota; Lot 2, Block 2, Elk River Industrial Park 2nd Addition, Sherburne County, Minnesota; and Lot 3, Block 2, Elk River Industrial Park 2nd Addition, Sherburne County, Minnesota. 2 . Except as hereby modified and amended, all other terms, covenants and conditions of the Contract shall continue in full force and effect without change. IN WITNESS WHEREOF, the parties have executed this First Amendment to Contract for Private Development on the day and year first above written. ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF ELK RIVER By: Its : President By: Its: Executive Director TESCOM CORPORATION, a Minnesota corporation By: Its: By: Its: STATE OF MINNESOTA ss . COUNTY OF SHERBURNE • The foregoing instrument was acknowledged before me this day of January, 1995, by and , the President and Executive Director, respectively, of Economic Development Authority for the City of Elk River, a public body corporate and politic under the laws of Minnesota, on behalf of the public body corporate and politic. Notary Public STATE OF MINNESOTA ss. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this day of January, 1995, by and , the and respectively, of Tescom Corporation, a Minnesota corporation, on behalf of the corporation. 110 Notary Public 2 . THIS INSTRUMENT WAS DRAFTED BY: • LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. 1500 Norwest Financial Center 7900 Xerxes Avenue South Bloomington, Minnesota 55431 • 110 APM:CL9s 3 . Form No.31-M•QUIT CLAIM DEED Minnesota Uniform Conveyancing Blanks(1978) Corporation or Partnership to Corporation or Partnership No delinquent taxes and transfer entered:Certificate of Real Estate Value( )filed( )not required •rtificate of Real Estate Value No. 19 By: Deputy STATE DEED TAX DUE HEREON: $1.65 Date: January , 1995 (reserved for recording data) FOR VALUABLE CONSIDERATION, ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF ELK RIVER, a public body corporate and politic under the laws of Minnesota, Grantor, hereby conveys and quit claims to TESCOM CORPORATION,Grantee,a corporation under the laws of Minnesota,real property in Sherburne County,Minnesota,described as follows: Lot 1,Block 2,Elk River Industrial Park 2nd Addition The seller certifies that the seller does not know of any wells on the described real property. THE TOTAL CONSIDERATION FOR THIS TRANSFER IS I FCS THAN$500.00. (if more space is needed,continue on back) together with all hereditaments and appurtenances belonging thereto. • ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF ELK RIVER • Affix Deed Tax Stamp Here By: Its: President By: Its: Executive Director STATE OF MINNESOTA ss. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this day of January, 1995, by and ,the President and Executive Director,of ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF ELK RIVER,a pulic body corporate and politic under the laws of Minnesota,on behalf of the public body corporate and politic. NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT Tax Statements for the real property described in this instrument should be sent to(include name and address of Grantee): I Tescom Corporation 12616 Industrial Boulevard Elk River,Minnesota 55330 THIS INSTRUMENT WAS DRAFTED BY: LARJIN,HOFFMAN,DALY&LINDGREN,LTD. IlNorwest Financial Center Xerxes Avenue South fmington,Minnesota 55431 APM:CM2s