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O V H) JUN - 3 1995 <br /> ter,• D ONOHUE RAJKOWSKI LTD . <br /> Attorneys at Law Reply to: St . Cloud <br /> June 1, 1993 <br /> ST.CLOUD Elk River Planning Commission <br /> 11 Seventh Avenue North ', City Hal l <br /> Po.Box 1433 13065 Orono Parkway <br /> P. 0. Box 490 <br /> St.Cloud,MN 56302-1433 Elk River, MN 55330 <br /> 612.251.1055 <br /> 800.445.9617 '� RE: Hagen Foods, Inc. - Gerald Hagen <br /> FAX 612.251.5896 �, Our File No. 15, 921 <br /> MINNEAPOLIS Dear Sir/Madam: <br /> 29o4Plaza VII Please be advised that our office has been retained to <br /> 45 South Seventh Street represent Elk River Shopping Center Company, the owner <br /> Minneapolis,MN 55402-1620 of the Elk River Shopping Center. It has come to our <br /> 612.339.9206 � attention that application has been made to the Elk <br /> 800.445.9617 River Planning Commission for consideration of a <br /> FAX 612.339.4775 conditional use permit and preliminary plat for Elk <br /> Park Center. <br /> • FRANK J.RAJKOWSKI We request that this correspondence be read at the <br /> GORDON H.HANSMEIER public hearing, before consideration by the Planning <br /> FREDERICKL.GRUNKE Commission of Elk Park Center. We further request this <br /> THOMAS G.JOVANOVICH correspondence be placed in the Minutes of the meeting. <br /> JOHN H.SCHERER Please provide a written copy of the Minutes to our <br /> PAUL A.RAJKOWSKI office. <br /> KEVINF.CRAY Please be advised that Hagen Foods, Inc. , has entered <br /> into a Lease with Elk River Shopping Center Company. <br /> WILLIAM J.CASHMAN The Lease contains a covenant on the part of Hagen <br /> DAVID T.SHAY Foods, Inc. , not to directly or indirectly engage in <br /> CAROL A.STARK any similar or competing business within a five (5) <br /> RICHARD W.SOBALVARRO mile area, of the Elk River Shopping Center. The <br /> business presently operated by Hagen Foods, Inc. is <br /> MICHAEL C.RAJKOWSKI known as County Market and is located at 800 Freeport <br /> A.CHAD MCKENNEY Avenue, Elk River. <br /> MOLLY J.WINGATE <br /> We believe that the Planning Commission and the City of <br /> MICHAEL H.DONOHUE Elk River should be aware of the restriction to which <br /> OF COUNSEL Hagen Foods, Inc. , and its principals are bound, <br /> prohibiting operation of a similar food business within <br /> JAMES H.KELLY,M.D.,F.A.C.P. the protected area. We believe this information should <br /> MEDICAL CONSULTANT be of concern to the Planning Commission in that Hagen <br /> GORDON H.HANSMEIER IS ADMITTED TO PRACTICE Foods, Inc. , or a related entity, may not be able to <br /> IN NORTH DAKOTA AND WISCONSIN, perform pursuant to the terms of the application <br /> PAUL A.RAJKOWSKI IN WISCONSIN, <br /> AROL A.STARK IN ILLINOIS AND MISSOURI regarding the proposed Cub Food Store. <br /> WILLIAM J.CASHMAN IN SOUTH DAKOTA. <br />