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ARDEN HILLS CITY COUNCIL— SEPTEMBER 28, 2015 6 City Attorney Jamnik was uncertain if Frattallone, LLC has closed or not as the City is not party to that information. Mayor Grant understood Councilmember Holmes' concerns, but did not believe the wording concerns should delay the agreements. Councilmember Holmes did not believe the agreements were necessary and should therefore not be approved. Mayor Grant commented that Hemisphere Restaurant Partners believed that the agreement is necessary and will not proceed without it. Therefore, the project will not move forward without the agreement in place. Associate Planner Bachler indicated that staff is still drafting the Development Agreement with Hemisphere for the Tavern Grill project. The parking and financial surety requirements will be addressed within this Agreement. MOTION: Mayor Grant moved and Councilmember McClung seconded a motion to Approve the Assignment of a Development Agreement between Arden Plaza, LLC and Frattallone, LLC. Councilmember Holden had trouble understanding why an agreement was necessary between Arden Plaza, LLC and Frattallone, LLC when the site was further along in the process. She understood why an agreement was necessary for Hemisphere Restaurant Partners. City Attorney Jamnik advised that the Seller had requested the assignment. Associate Planner Bachler provided further comment on the subdivision of Arden Plaza approved by the City in Planning Case 15-002 and how this resulted in two new parcels that Wellington Management is in the process of selling. Councilmember Holden requested further information on Exhibit A of the Frattallone's agreement. She feared that the requirements within this Exhibit were not properly spelled out within the PUD and she did not want the City getting into the middle of this situation. City Attorney Jamnik commented that the Council was not being asked to approve the terms of the assignment. Rather, the Council was being asked to consent and release it. Councilmember Holmes believed that the apportionment should be different. Mayor Grant questioned if changes could be made to the document with regard to the proposed apportionment in the future. City Attorney Jamnik reported that this was the case. Councilmember Holden asked if the City Attorney supported Council approval of the assignment agreements.