Contracts

This Billboard's Not for You, 'Budweiser Building' Owner Tells Beermaker

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With a magic number of two at last report, the Chicago Cubs appear likely to lock up baseball’s National League Central division title. If they do, a contract dispute over a rooftop billboard on a multi-unit frame building could be worth a considerable sum.

That’s because the wood frame Chicago building, which is just behind left field at the team’s home stadium, Wrigley Field, had an advertisement for Budweiser beer on its roof until it was covered with a brown tarp at some point before Wednesday’s home game. The billboard, which the Chicago Tribune describes as an “iconic” part of the “Budweiser Building” was covered up due to a contract dispute.

The new owner of the building, 3701 North Kenmore LLC, contends a contract with beermaker Anheuser-Busch to lease the billboard for $350,000 annually is no longer in force, because the beermaker didn’t pay the September rent on time. Anheuser-Busch says it tried to do so, but was stymied by the owner’s failure to provide an appropriate invoice. (A payment made on Sept. 10 was returned, along with a letter from a lawyer saying that the lease had expired because of the payment breach, on Sept. 9, the Tribune reports.)

At this point, battling lawsuits have resulted: A week or so ago, the LLC filed suit seeking a court order that it has a right to take possession of the billboard. Meanwhile, the beermaker sued yesterday, seeking a court order finding that the lease is still valid and requiring the LLC to unveil its sign, so that it can be seen not only by stadium fans but millions of television viewers, the newspaper recounts.

“The new landlord was late in providing the contractually required rent statement and tax identification number. As soon as we received these, we made our lease payment immediately, but the owner refused to accept it,” a marketing director for Anheuser-Busch tells the Trib in a written statement. “We’ve been in full compliance with the lease agreement, and it remains in effect.”

A lawyer for the LLC says his client has already entered into a contract with an advertising agency concerning the billboard.

Related coverage:

St. Louis Post-Dispatch: “Cubs’ magic number down to 2 after rally against Brewers”

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