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a -- - OPll IDAN - - Builder of towns.Creator of value. 5125 COUNTY ROAD 101 •-#1001 • MINNETONKA, MN 55345 PHONE: 952/294-0353 Fax: 952/294-0151 "• WEB: www.oppidan.com July 6, 2005 Ms.Kim Moore-Sykes,Assistant City Manager City of St. Anthony 3301 Silver Lake Road St. Anthony,MN 55418-1699 RE: Request to Amend Development Agreement St,,Anthony Village Center=Arncon St.Anthony LLC Dear Kim: This shallserve as a request of the City of St. Anthony to amend the Development-Agreement, dated November 3, 2003,•by and between Amcon St.Anthony,LLC ("Amcon")as developer and the City of St.Anthony("City"). The request is to amend the agreement for the following items: • Modify the plans to reflect the new Site Plan for the entire site;Landscaping'for the site and the new building elevation for the outbuilding on the northern point of the center." • Modify the dates in the agreement to allow for the construction to begin this late, summer early fall(Sept-"Oct,2005)on the outbuilding. • Modify the document to allow for the restaurant with liquor to be 4,500's.f on the out building. The restaurant will be required to maintain a minimum food ration of 50% of sales.` This will be done in an effort to maintain a"restaurant"and not promote a bar. •` Eliminate the City's recapture right if the outbuilding is substantially complete within 8 months of the City approving the modification and issuing a building permit for the outbuilding. Developer will submit plans to the City for permitting within 30 days of final City approval of the modification and amendment to the Development Agreement. • We would,require.the operator to lease,space to the St.AnthonySports Boosters. However,the operator will have the option to cancel the lease with-the boosters if the pull tab operation is driving the ration of food below the 50% minimum." Again this is in an effort to maintain the space use as a restaurant and not a bar.. We have processed applications for the proposed modification to the site plan. This application Was heard on a conceptual basis in front of the Planning Commission on April 19". Additionally, we have submitted the following: ,