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• • • • January 28, 2008 Mr. "fhomas Paschke City Planner City of Roseville 2660 Civic Center Drive Roseville, Minnesota 551 13 � RE: Redevclopment of Firestone �3uilding Sitc/Comments to Request for City Council Action Uear Mr. Paschke: We are in receipt of your revised R�quest for City Council Action regarding the proposal by Emmes Realty Services, LLC and Gateway Washington, Inc. ("Gateway') for rede��elopment of the current Firestone E3uilding site within Har Mar Mall. You indicated in your rccent email to the undersigned that the changes in this document from thc previous draft wcre sct forth in Section 6.11(a). As currently drafted, 6.11(a) is not acceptable to Gateway, the owner of fiar Mar MaIL As we made clear at the last City Council meeting, Gateway cannot approve or accept any language or agreement which �rants to the City the unilateral rights to close or alter any ingress or egress point from the Mall, includin� the westerly driveway on County Road E3. Gateway does agree, however, that, if safety issues relatinb to vehicles coming to or leaving Har Mar arise in the future, to discuss �vith the City in good faith alternatives for resolving those saf'ety concems. With that in mind, Gateway could accept the Following re-draf't of the second sentence of Section 6.11(a), and we hereby submit such language to you for your consideration: � While not requiring closure of this in�ress/egress as a part oF the approval of the PUD Amendment, the parties acknowledge that the City does not waive, and hereby retains, any right which it may have under applicable law to require closure of the inbress and/or egcess from such westerly driveway in the future�, should thc City determine, in its reasonable discretion, that U•aftic safety considerations warrant it."