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43 <br /> DORSEY & WHITNEY LLP <br /> MINNEAPOLIS PILLSBURY CENTER SOUTH BILLINGS <br /> NEW YORK 220 SOUTH SIXTH STREET GREAT FALLS <br /> SEATTLE MINNEAPOLIS, MINNESOTA 55402-1498 MISSOULA <br /> DENVER TELEPHONE: (612) 340-2600 BRUSSELS <br /> WASHINGTON,D.C. FAX: (612) 340-2868 FARCO <br /> DES MOINES HONG KONG <br /> ANCHORAGE WILLUM R.SOTH ROCHESTER <br /> LONDON (612)340-2969 <br /> SALT LAKE CITY <br /> FAX(612)340-2644 <br /> COSTA MESA soth.witHarn@dorseylaw.com VANCOUVER <br /> July 19, 2000 <br /> Michael J. Mornson <br /> City Manager _ <br /> City of St. Anthony <br /> 3301 Silver Lake Road <br /> St. Anthony, MN 55418 <br /> Re: The Hitching Post <br /> Dear Mike: <br /> I have reviewed the Redevelopment Contract and Easement Agreement between the HRA and <br /> Hitching Post Real Estate, LLC. The Easement Agreement contains no obligations on the part of either <br /> the City or the HRA to construct any improvements. Under the Redevelopment Contract, the <br /> easement property acquired from the Hitching Post, which is highlighted on the enclosed drawing, was <br /> purchased by the HRA for a price of$115,000. Under the Development Agreement, the Hitching Post <br /> is required to construct certain"Minimum Improvements" on its property, as described in the"Master <br /> Plan" and in the"Construction Plans". Those minimum improvements are to cost not less than$50,000 <br /> and are to be paid for by the Hitching Post. <br /> The only reference at all to any improvements by the HRA appears in the representation <br /> contained in Section 2.1(e): "Agency represents and warrants that it will complete the Easement <br /> Improvements on the Easement Property." The Easement Improvements are defined as improvements <br /> shown on the Master Plan which are to be located on the Hitching Post Easement Property. The <br /> Master Plan is the enclosed drawing, which is attached as Exhibit B to the Redevelopment Contract. <br /> The only improvements shown on the Hitching Post easement area appear to be grass and trees and a <br /> small walking path. The walking path, however, would extend through the shopping center only if the <br /> City acquired the Huth property, which the HRA has no obligation to do, and extended the path to <br /> • Kenzie Terrace along vacated Sunset Avenue. <br />