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<br />December 13,2006 <br /> <br /> <br />VIA CERTIFIED MAIL- <br />RETURN RECEIPT REQUESTED <br /> <br />City of Roseville <br />Attention: City Manager <br />2660 Civic Center Drive <br />Roseville, MN 55113-1899 <br /> <br />j /Jrq/I:',I',,"iOi!(// <br />ISSr)c!(/II(JII <br /> <br />A.I!OI'l!<l'S (-il hI/! <br /> <br />Krass Monroe, P,A, <br />Attention: James R, Casserly, Esq, <br />8000 Norman Center Drive, Suite lOOO <br />MilU1eapolis, MN 55437-1178 <br /> <br />DlJlECT f)jAI. (612) 317-4746 <br />dekirkllllln@raviclulle)'cr.com <br /> <br />Re: Contract For Private Redevelopment by and between <br />The City of Roseville, Minnesota, and Roseville Twin Lakes, LLC <br />dated September 9, 2005 ("Redevelopment Contraet"); and <br />Letter of Credit No. 3089537 dated Mareh 31, 2006 <br />issued by North American Banking Company <br />Onr File No. 21356-11 <br /> <br />Gentlemen: <br /> <br />Our finn represents Roseville Properties and its affiliate, Twin Lakes Commercial, LLC, one of <br />the members of Roseville Twin Lakes, LLC, the Redeveloper under the Redevelopment <br />Contract. This letter is sent on behalf of our client and the Redeveloper. <br /> <br />As you are aware, the decision by the Minnesota Court of Appeals on August 10, 2006, in the <br />"Friends of Twin Lakes" lawsuit, and the Denial of Review by the Minnesota Supreme Comi on <br />October 25, 2006, have rendered it impossible for the pariies to proceed with the "Project," as <br />defined in the Redevelopment Contract on the terms outlined in the Redevelopment Contract. <br />Accordingly, the Redeveloper contends that the Redevelopment Contract is now void, This <br />conclusion is compelled by anyone or more of the legal doctrines of mutual mistake, <br />impossibility of performance, and frustration of pmpose, as currently in effect under Minnesota <br />law. <br /> <br />Since the Redevelopment Contract is void, the parties are no longer obligated to perform <br />thereunder. Such now-void obligations include, without limitation, arlY obligations of the <br />Redevelopment to pay and/or reimburse the City under Aliicle 1Il of the Redevelopment <br />Contract. As secmity for the Redeveloper's now-void obligation to pay celiain amounts under <br />Aliicle III of the Redevelopment Contract, the City was provided with and is currently holding <br /> <br />4545 fDS (i,'r1ler 80 Si)!f//J E!;r;h/b .\ll'e('/ .,lfi1!ltMjJoli\' ..lfiunesoja554o.2--222S 7Nepbonl! (612) }32-/)'5/1 Ftie:;/mile <br />h~d. lD. "\'0. 4/../692850 !{''It/l.',}'(wicbmtyercolll <br /> <br />