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• 12/6/99 CONDITIONAL USE PERMIT AGREEMENT THIS AGREEMENT is dated as of , 19_, and is by and between the CITY OF ST. ANTHONY, a Minnesota municipal corporation (the "City"), and HITCHING POST REAL ESTATE, L.L.C., a Minnesota limited liability company (the "Developer"). 1. Request for Conditional Use Permit Approval. The Developer has asked the City to approve a Conditional Use Permit(referred to in this Agreement as the "CUP") for the Hitching Post, a retail and service facility to be developed on the land legally described on Exhibit A attached hereto (the "Property"). 2. Conditions of CUP Approval. The City approved-the CUP-on August 24, 1999, on condition that the Developer enter into this Agreement, furnish the security required by it, and record this Agreement with the County Recorder or Registrar of Titles prior to issuance of any building permit for the property. A copy of the CUP is attached hereto as Exhibit B. 3. Occupancy Permit. Developer shall not be issued an occupancy permit for the Property, and shall not occupy or do business in the Property, unless and until all the following conditions have been satisfied, 1) this Agreement has been fully executed by both parties and filed with the • City Clerk and in the appropriate Hennepin County real estate records, 2) the necessary security has been received by the City, and 3)the City Manager has issued a letter to Developer stating that all conditions have been satisfied and that the Developer may occupy the Property. 6. Changes in Official Controls. For five years from the date of this Agreement, no amendments to the City's Comprehensive Plan or official controls shall apply to or affect the use, development density, site layout or dedications of the approved CUP unless required by state or federal-law or agreed to in writing by the City and the Developer. Thereafter, not withstanding anything in this Agreement to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City's Comprehensive Plan, official controls or dedication requirements enacted after the date of this Agreement. 7. Development and Building Plans. The Property shall be developed in accordance with the CUP and with the following plans. If the plans vary from the written terms of this Agreement, the written terms shall control. The plans are: Plan A - Site Plan Plan B - Building Facades Plan C - Building Floor Plan Plan D - Lighting Plan Plan E - Roof Top Equipment Plan Plan F - Kenzie Terrace Redevelopment Project Area Urban Design Guidelines