ANTHoNY OSTLUND BnEn e. LoUwRGIE P.A.

RTJSI N ESS

I-ITI(IATORS

Norman J. Baer
nb,c@aoblau.com

September 3,2013

Mr. Ted Mondale
Minnesota Spoff Facilities Authority 900 South Fifth Street Minneapolis, MN 55415

Re:

Notice of Default Our File No. 3 742- I

Dear Mr. Mondale:

This is a Notice of Default provided on behalf of Minneapolis venture LLC ("Minneapolis venture"). To the extent that the Minnesota sports Facilities Authority C'MSFA') claims any interest in the rights and obligations of the Metropolitan Sports Facilities Commission C,MSFC') pursuant to the Use Agreement and Right of Entry dated September 17,2003 between the MSFC and the Minneapolis community Development Agency ("the Agreement"), you are advised that the MSFA is in delhult under the Agreement.
Pursuant to Section 7 ofthe Agreement, the MSFA is hereby notified that its use ofthe plaza on August 27 through september 3, 2013, did not comply with the requirements of the Agreement in several respects, including but not limited to the following:
1

.

The use was without the prior written approval of the owner of the plaza, Minneapolis Venture, which prior written approval is required by Section 1(a) of the Agreement;

2. 3.

Minneapolis Venture has not received any proposed schedule for any plaza events as required by Section I (a) of the Agreemen|
The MSFA's use began more than 24 hours before the August 29 pre-season game and continued more than 24 hours after that game ended in violation of Section l(g) of the Agreement: and

4.

Minneapolis Venture was not provided with copies ofany of the insurance certificates required by Section 4(B) ofthe Agreement.

The MSFA was reminded of its obligation to provide a proposed schedule and obtain the written consent of Minneapolis Venture in conespondence addressed to you on August 12,2013. (A copy ofthat earlier comespondence is enclosed for your convenience.) Minneapolis venture

90 South Sevenrh Srreet, Suire 3600, Minneapolis, Minnesora 55402 Otrrce: 612.349.6969 Fax: 612.349.6996 ww*.aobla*.com

Mr. Ted Mondale
September 3, 2013
Page 2

expected that the MSFA as a public entity would respect the private property rights of Minneapolis Venture and comply with its legal obligations. Minneapolis Venture is disappointed that the MSFA has chosen not to do so. Pursuant to Section 7(b) of the Agreement, the MSFA's defaults described above must be cured within no more than sixty (60) days of this Notice. In this case, "cure" will require that the MSFA ( I ) demonstrare any support for its claims to any right under the Agreement; (2) comply with the scheduling obligations set out in Section 1(a) of the Agreement; (3) obtain the written

approval of Minneapolis venture for any additional use ofthe Plaza; (4) provide reasonable assurance that any additional uses of the Plaza will comply with all of the terms of use established by Section 2 ofthe Agreement; and (5) provide copies ofall ofthe insurance certilicates (naming Minneapolis venture as an additional insured) required by Section 4(B) the Agreement.
Please note that the f'ailure to

of

fully cure within the specified time may result in Minneapolis venture exercising one or more of the remedies listed in section 7(c) of the Agreemeni including, but not limited to, the cancellation of the Agreement or the termination of any use or right ofentry otherwise granted by the Agreement.
Very truly yours,

ANTHONY OSTLUND BAER & LOUWAGIE P.A.

,'1r.,-A[h,^Norman J. B;Jr

NJB/jmb
Enclosure

David Trevor

At_4p35
LLC

Minnesota Sports Facilities Authority Minnesota Sports Facilities Commission 900 South Fifth Streer

Minneapolis, MN 5541 5 Attn; Ted Mondale

Re: Use Agreenent and Right of Entry -- Nolice of Termination
Dear Ted: I am writing on behalf of Minneapotis ventue LLc, the fee owner . of the real estate known as Downtown East and the "plaza;' located on that real estate. rnis r.tte, pr*ia* r".*rr notification to the Minnesota Sports Facilities Commission c.MSFC,) of the terrnination oilre Use Agreemenr and Righr of Entry dared september 17,200: ('the Ageement"). This is the Agreement thar was the subject of a May ro,zoll letter from you to me and the June z response to that letter rvhich was sent fiom Norman Baer to David Trevor. The Agreement was effectively terminated when the MSFC was abolished in 20r2 gl.llTt io Minn. Srat. s473J.25. we understand rhar the Minaesora Sporu Facilities Auihority (*MSFA') disagrees and claims that it stepped into the shoes of trr" usrc rights and obligations under the Agreemenr. For purposes of this nolice of le;inati;; anry;*s are not debating the MSFA conrention which is why ihis notice is addressed to both and the MSF-A.

*itr,,";;J;;;

theffiic

. Py.ruul, to Section l(a) of the Agreement, the MSFC is required to provide an advance list/schedule of "Metrodome Events" for which it plans to use rhe praza. Hease proviae sucia list so that Mirureapolis Venture may exercise its right of approval. As specified in the Agreemenr, please recognize that MSFC is prohibited from tonducting any Metrodome Events without the prior winen approval of Minneipolis Venture.

..

U 5. Ban<orp Ce.rter
8CC Nrcollet Mal

Sure 2850
M nneaporrs MN 554C2

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P"ore 6l 2 {55.07C0
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Also, pleasc take notice that pusuant to section 2, the Asreement will termitrate es of 9ctober3l.2013. Absent anew agreement, the plaza will not be auailabte fo. rs" foranyof the four home games in November and Decemb€r or for any possible playoffgames in eariy 20'14. As previously stated, Minneapolis ventrue wilt considir and oigoiut. in good faith with regard to any proposal that is made for an extension beyond october 3i until suci time as the Metrodome is "no longer being operated as a sports arena for regularly scheduled college or professional sports" (a period thar we understand will end with the end ofthe Vikings 2-013-t4 season when the stadium is scheduled for demolition). I note that the Minneapolis ienture has not yet received any proposal for any extension of the Agreement.

Finally, pursuant to Section 2 of the Agreement, Minneapolis venture wifl expect your organization to promptly remove.a "trade fixtures and persona[ property" from tt. irar rp"" termination of the Agreement. please make appropriate-rr."rrg..eni, in advance so that p.o."r,
is not delayed.

Robert C. Lux Manager

Minneapolis Venture, LLC

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