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09/16/2003 TUE 14;28 FAX 612 344 1414 MGM LLP <br /> 56 <br /> M A. LKERSON GILLIL .A. ND MARTIN L L P <br /> 1 750 P I L L S B U R Y G r N T E R SOUTH <br /> 220 SOUTH SIXTH STREET <br /> MINNEAPOLIS, MINN6sOTA 55402-4502 <br /> TELEPHONE 612.344. 1 1 1 1 <br /> FACSIMILE 612-344- 1414 <br /> Bruce D.Malkerson <br /> Direct Dial No.(612)344-1699 <br /> E-Mail: bdm @mgmllp.com <br /> September 16,2003 <br /> VIA,FACSIMILE (612.781.9323) <br /> Michael J. Mornson <br /> City Manager, Saint Anthony Village <br /> 3301 Silver Lake Road <br /> St. Anthony, MN 5.5418-1699 <br /> RE: St. Anthony Village/Apache Redevelopment <br /> Scheduled for Planning Commission Review on September 16,2003 <br /> Our File No. 1526.001 <br /> Dear Mr. Mornson: <br /> As you may recall, Pratt-Ordway Inc., through a related company St. Anthony Retail <br /> Development, LLC, entered into a purchase agreement to buy what is known as the Cub Foods <br /> property from SBT,LLC. As part of that purchase agreement,it was agreed that Pratt-Ordway,Inc. <br /> would: <br /> "Buyer's Development Covenants. Buyer acknowledges,covenants,and represents <br /> in connection with the Project the following: <br /> (a) That each and every Development Agreement for the Project,or any portion <br /> thereof,between Buyer and EDA/HRA shall,subject to the EDA/HRA bond <br /> counsel's approval,condition the Project on Buyer's purchase of the Property <br /> from Seller, a copy of each and all such agreements shall be provided to <br /> Seller within ten(10) days following its execution. <br /> (b) The Planned Unit Development Agreement between the Buyer and the City <br /> shall be expressly conditioned upon Buyer's purchase of the Property from <br /> Seller. A copy of such agreement shall be provided to Seller within five(5) <br /> days following its execution." <br /> On behalf of my client,Pratt-Ordway,Inc., we ask that the above provisions be included in <br /> the documents noted when they are drafted and we ask that if the Planning Comrission recommends <br /> 79472.DOC <br />