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." LAW OFFICES OF PETERSON, BELL, CONVERSE & JENSEN, P .A. .') 1/~uJ 1 ~tt r " Erwin A. Peterson Robert C. Bell Willard L. Converse Roger A. Jensen Kurt F. Walther James C. Erickson*t Carol A. Baldwin Caroline Bell Beckman Mitchell W. Converse 3000 Metropolitan Centre 333 South Seventh Street Minneapolis, MN 55402-2441 Telephone (612) 342-2323 Facsimile (612) 344-1535 NORTH SUBURBAN OFFICE 200 Rosedale Towers 1700 West Highway 36 Roseville, MN 55113-4015 August 12, 1996 REPLY TO MINNEAPOLIS Mr. Mike Falk City Planner City of Roseville 2660 Civic Center Drive Roseville, Minnesota W4~ ?.~3~ RE: Naegle Outdoor Advertising, Inc. Dear Mike: I have reviewed the lease between the Seaberg's and Naegle. The lease states that it is for a one year term beginning November 1, 1991, "and shall be automatically renewed from year to year thereafter" for ten years. I think we can reasonably take the position that the Seaberg's can cancel the lease effective November 1, 1996. Since Mr. Seaberg agreed to remove the billboard at the time of his previous lot split, his failure to do so would be a reasonable basis for the City Council to refuse the second lot split for the property next door to the property upon which the billboard is located. I would be interested in knowing whether the Seaberg's claim that the Naegle lease is not cancelable but must continue for the full ten year term. If Naegle has taken that position with the Seaberg's, that could be a basis upon which the Seaberg's could claim it was impossible for them to comply with the agreement that they would remove the billboard. If that is the case, I would not rely on that failure as the basis for the lot split. RAJ/mad Enclosure P.S. I attach a copy of the lease for your records. /uImelisd/wp/RosevillellO 11. 19/falk2 .Itr Ve ly yours, L, CONVERSE & JENSEN * Also Admitted in Wisconsin tCivil Trial Specialist, Certified by the Civil Litigation Section of the Minnesota State Bar Association.