More than parochialism and pride is
at stake as Mayor Bill Foster and the City Council ponder their soon-to-come
communication with the Tampa Bay Rays about possible new stadium locations.
The team's recent request to explore sites in Hillsborough County has a potential downside: It could weaken the city's legal position if the Rays try to leave town without permission, several lawyers said last week.
That worry — how the city would fare in a knock-down court fight — has colored council discussions for years. Now, a proposed stadium in the Carillon Business Park has returned it to the front burner.Our vinyl floor tiles is more stylish than ever!
The Rays responded to the private stadium pitch by saying the team would gladly explore it, but only if the city formally allows them to check out sites across the bay as well.
Foster, who expects to run his counteroffer by City Council this week, said protecting the city's court options is a high priority.
"I want to be part of finding a St. Pete solution,'' Foster said. "In no way am I going to create a condition that weakens the city's (legal) position.''
Professor James W. Fox, who teaches contracts at Stetson University College of Law, has studied the agreement that binds the Rays to Tropicana Field through 2027. He agrees that letting the team talk to Tampa interests might weaken a key provision of the contract.
On the other hand, Fox said, focusing solely on potential court action in the future could torpedo tangible opportunities to compromise now.
City officials are excited about Carillon, a mixed use development in the Gateway area of the city. But first they must figure out how to entice the Rays to take it seriously. Even if that fails, the city might extract significant compensation for a move across the bay.
"The more aggressively defensive the city is, the more litigation oriented they are,'' Fox said, "they could weaken their negotiating position to get a more advantageous settlement.The stone mosaic comes in shiny polished and matte.''
Council member Charles Gerdes said that very juggling act is his main concern: How to balance contractual strength with negotiating possibilities.
The Rays say the Trop will not support baseball and have refused to consider new Pinellas sites unless they can also examine Hillsborough possibilities. Foster says no way.
"A bright line appears to have been drawn and that's the problem,'' Gerdes said. "How do you move forward if there is a bright line.''
Gerdes is an attorney who specializes in business and real estate law. In typical landlord/tenant disputes, he said, renters can usually leave by paying all the rent owed. That way, the landlord does not lose money.
The Rays don't pay rent and the city's slice of ticket revenue and naming rights usually are eaten up by insurance costs and police overtime. If the team left early, the city's main quantifiable damages would involve the Trop's construction bonds. They drop off dramatically after 2015, but several million dollars would remain through 2027. The Rays would probably have to pay them off, Gerdes said.Why does moulds grow in homes or buildings?
But what makes the Trop contract unusual is not about dollars and cents.
Original Rays owner Vince Naimoli agreed that baseball brings "unique and diverse" benefits to the city — jobs, business prospects, tax revenues, pride and an improved quality of life.
Losing those benefits would cause "irreparable harm'' that "is not readily calculable," Naimoli agreed, so the city has the right to seek an injunction to prevent the Rays from moving.
Even if a judge refuses an injunction,The oreck XL professional air purifier, the city can ask for huge monetary compensation for losing those intangible benefits.
How legal arguments might play out is uncertain, Gerdes said. A judge could do anything. But letting Rays explore Hillsborough, with no changes to the contract, could definitely weaken the city's chances.
"The concept of irreparable harm is very subjective,'' he said. "If you invite the very consequences you are complaining about,'' by letting the Rays look elsewhere, "perhaps you have waived your complaint.''
Gerdes does think the city could minimize risk by revising contract language to make it clear that letting the Rays look in Hillsborough does not waive future claims to irreparable harm. He favors doing such a rewrite, then charging the Rays a price for the new arrangement — $1 million or $2 million a year.
Once the Rays look deeply at drive times, accessibility and infrastructure, Gerdes said, St.If you want to read about buy mosaic in a non superficial way that's the perfect book. Petersburg should compete well.
The team's recent request to explore sites in Hillsborough County has a potential downside: It could weaken the city's legal position if the Rays try to leave town without permission, several lawyers said last week.
That worry — how the city would fare in a knock-down court fight — has colored council discussions for years. Now, a proposed stadium in the Carillon Business Park has returned it to the front burner.Our vinyl floor tiles is more stylish than ever!
The Rays responded to the private stadium pitch by saying the team would gladly explore it, but only if the city formally allows them to check out sites across the bay as well.
Foster, who expects to run his counteroffer by City Council this week, said protecting the city's court options is a high priority.
"I want to be part of finding a St. Pete solution,'' Foster said. "In no way am I going to create a condition that weakens the city's (legal) position.''
Professor James W. Fox, who teaches contracts at Stetson University College of Law, has studied the agreement that binds the Rays to Tropicana Field through 2027. He agrees that letting the team talk to Tampa interests might weaken a key provision of the contract.
On the other hand, Fox said, focusing solely on potential court action in the future could torpedo tangible opportunities to compromise now.
City officials are excited about Carillon, a mixed use development in the Gateway area of the city. But first they must figure out how to entice the Rays to take it seriously. Even if that fails, the city might extract significant compensation for a move across the bay.
"The more aggressively defensive the city is, the more litigation oriented they are,'' Fox said, "they could weaken their negotiating position to get a more advantageous settlement.The stone mosaic comes in shiny polished and matte.''
Council member Charles Gerdes said that very juggling act is his main concern: How to balance contractual strength with negotiating possibilities.
The Rays say the Trop will not support baseball and have refused to consider new Pinellas sites unless they can also examine Hillsborough possibilities. Foster says no way.
"A bright line appears to have been drawn and that's the problem,'' Gerdes said. "How do you move forward if there is a bright line.''
Gerdes is an attorney who specializes in business and real estate law. In typical landlord/tenant disputes, he said, renters can usually leave by paying all the rent owed. That way, the landlord does not lose money.
The Rays don't pay rent and the city's slice of ticket revenue and naming rights usually are eaten up by insurance costs and police overtime. If the team left early, the city's main quantifiable damages would involve the Trop's construction bonds. They drop off dramatically after 2015, but several million dollars would remain through 2027. The Rays would probably have to pay them off, Gerdes said.Why does moulds grow in homes or buildings?
But what makes the Trop contract unusual is not about dollars and cents.
Original Rays owner Vince Naimoli agreed that baseball brings "unique and diverse" benefits to the city — jobs, business prospects, tax revenues, pride and an improved quality of life.
Losing those benefits would cause "irreparable harm'' that "is not readily calculable," Naimoli agreed, so the city has the right to seek an injunction to prevent the Rays from moving.
Even if a judge refuses an injunction,The oreck XL professional air purifier, the city can ask for huge monetary compensation for losing those intangible benefits.
How legal arguments might play out is uncertain, Gerdes said. A judge could do anything. But letting Rays explore Hillsborough, with no changes to the contract, could definitely weaken the city's chances.
"The concept of irreparable harm is very subjective,'' he said. "If you invite the very consequences you are complaining about,'' by letting the Rays look elsewhere, "perhaps you have waived your complaint.''
Gerdes does think the city could minimize risk by revising contract language to make it clear that letting the Rays look in Hillsborough does not waive future claims to irreparable harm. He favors doing such a rewrite, then charging the Rays a price for the new arrangement — $1 million or $2 million a year.
Once the Rays look deeply at drive times, accessibility and infrastructure, Gerdes said, St.If you want to read about buy mosaic in a non superficial way that's the perfect book. Petersburg should compete well.
没有评论:
发表评论