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® PPIDAN Builder of towns.Creator of value. 5125 COUNTY ROAD 101 4100 MINNETONKA, MN 55345 PHONE: 952/294-0353 FAX: 952/294-0151 WEB: www.oppidan.com July.6,2006 y 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-Amcon St.Anthony LLC Dear Kim: This shall'serve 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.Anthony Sports Boosters. However,the operator will have the option to cancel the lease witli 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 19th. Additionally, we have submitted the following: