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32 - - - guilder of tqvIns. Deem ofvalue. .. 5125 Co., ry ROAD 101: 41100 Mit„Nt!onsn, MN 55345 PllOnr,: 952/294-03-53 X. 962/294 Q151 wl B: www;opoioan.corq Julyk, 2005 , Ms KimMoore-Sykes, Assistant City Manager City of St. Anthony 3301 Silver Lake toad St Anthony, MN55418-1699 1U,: Request to Amend Development Agreement St. Anthony Village Center - Amcon St: Anthony LLC . Dear Kim: Tliis shall serve as a request of the City of St, Anthony to amend the DevelopmentAgreemein dated Novernlbex 3, 2003, by and between-Amcon St. Anthony, LLC ("Aincon.") as developer and the City of St. Anthony ("City"), I'lre reciiesY is to amend the agreement for the following items Modify,the plans to refect the ,new Site flan for the entire site. Landscapisig 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=Oet,.2005). on the outbuilding ,- ® Modify the document to allow for the restaurant with liquor to be 4,500 s.f on file out building. The restaurant will be required to maintain a minimum food ration of -50% ofsales.This will be done in an effort to. maintain a "restaurant" and not ` promote a bar, ®` Elimmate flee 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 butbuild ng. 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.- 3lowewr, the operator will havetheoption to cancel the lease 'with the boosters if the pull tab "opera tion 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°i: Additionally, we have submitted the following: