Wow, either you are not very good at this debating thing, or you are being wilfully obstinate in refusing to read the facts.
THe fact is that COG only authorized management to proceed with a deal (although a contract was not put forward).
The deal didn't get signed until June 28, 2010. That is not "irrelevant". Let me repeat: no financial institution will accept money as an escrow agent until agreements are signed and in place. They will NEVER do it. It is as simple as that.
"The claims made in this forum and others" are that WPG was "15 minutes away from getting a team" when the COG averted the team leaving by producing $25M on Friday, May 21, 2010. Nothing more, nothing less.
Since no financial institution will accept money as an escrow agent until documents are signed, the above version could not have happened because the documents were not signed until 6 weeks later.
I am not sure if I can explain it any more clearly. Are you still going to pretend that the evidence i have provided actually supports the fairy tale?
The City Clerk's office on Tuesday, in response to the Republic's questions, produced bank records of the city's $25 million escrow account with Bank of America set aside for Coyotes losses. The documents show no withdrawals were made from June through August. However, the NHL was only allowed to bill the account starting this month. September records were not available.
The NHL had purchased the team one year ago in bankruptcy court with the hope of re-selling the team last season to a buyer willing to keep the team in Glendale. By May, city officials said the NHL threatened to move the team if Glendale did not set aside the money to cover losses.
The Glendale City Council responded by pledging the $25 million. In return, the NHL gave the city until Dec. 31 to negotiate an arena lease with a potential buyer. City leaders at the time promised to get the $25 million back from a team buyer.
Broadcast recently here in town...
Worse of all is opinion pieces by journalists being used as some form of beacon of truth over here. Just because Mackenzie or Naylor, the most unbiased champions in the universe, say "I think the team will be in Winnipeg next year" doesn't mean jack ****.
You say "well the Colangelo report came from a single source without detail"...well EVERY rumore from the Canadian media comes from a single source without detail and is then reported on by other outlets. It's the exact same thing. Guy X from The Fan says "The deal is dead based on the ghost of hockey's past", then TSN, The Sun, Sportsnet, etc... reports "Guy X states that the deal is done".
So guess what?
Barring a last-minute deal, Glendale looks as if it may be stuck with an empty arena and mountain of debt, doesn't get the $50 million from Balsillie, doesn't get a lease agreement of any kind and Valley hockey fans still lose their team.
http://www.bizjournals.com/phoenix/morning_call/2011/04/nhl-presses-on-for-coyotes-financing.html
"Bettman also met with former Arizona Diamondbacks and Phoenix Suns owner Jerry Colangelo this week, according to sources familiar with the situation. It was not clear whether that meeting was meant to gauge Colangelo's interest in the team or to solicit his input about the sale."
Read more: NHL presses on for Coyotes financing | Phoenix Business JournalBettman and the NHL aggressively are putting together a new financing deal to allow Chicago investment executive Matthew Hulsizer to purchase the Coyotes and keep the team in Glendale.
The NHL push for a new money plan comes with Hulsizer standing pat on his offer to buy the team and Glendale’s existing bond plan hamstrung by the Goldwater Institute’s opposition.
A new financing plan likely will replace the $197 million bond and arena management deal the city of Glendale put together to help Hulsizer buy the Coyotes.
Transparency is great, but the issue still lies in the fact that the CoG is giving a private individual $100,000,000 to buy a hockey team. They are saying that they are purchasing parking rights, which they may already own.
And if the parking rights are so lucrative...why has no one charged for them before?
I have no problem with the Coyotes staying in Phoenix...but if they can't find a buyer who is willing to BUY the team and shoulder the risk, then how can they be surprised when people are concerned that taxpayers are on the hook for all of the risk?
Fugu:
This is one of the most recent AZCentral reports:
So guess what?
Barring a last-minute deal, Glendale looks as if it may be stuck with an empty arena and mountain of debt, doesn't get the $50 million from Balsillie, doesn't get a lease agreement of any kind and Valley hockey fans still lose their team.
seanlinden:
No, the fact is that the City of Glendale is giving a private individual $100m to sign a non-relocation lease in Glendale. Some of the people here are having trouble facing some very difficult facts -- Phoenix does not have a team for next year at this point in time. If they want a major league tennant drawing 12,000+ to their arena 41+ times a year, it's going to cost them $100m. It's no different than subsidies or tax breaks provided to any business for locating in a city / area.
What do you mean Phoenix does not have a team for next year? I haven't heard of a confirmation of the Coyotes leaving Glendale or the Phoenix area yet. You have some sort of insider info?No, the fact is that the City of Glendale is giving a private individual $100m to sign a non-relocation lease in Glendale. Some of the people here are having trouble facing some very difficult facts -- Phoenix does not have a team for next year at this point in time. If they want a major league tennant drawing 12,000+ to their arena 41+ times a year, it's going to cost them $100m. It's no different than subsidies or tax breaks provided to any business for locating in a city / area.
No, the fact is that the City of Glendale is giving a private individual $100m to sign a non-relocation lease in Glendale. Some of the people here are having trouble facing some very difficult facts -- Phoenix does not have a team for next year at this point in time. If they want a major league tennant drawing 12,000+ to their arena 41+ times a year, it's going to cost them $100m. It's no different than subsidies or tax breaks provided to any business for locating in a city / area.
That news anchor is absolutely right. It's not taxpayers concerned about this, it's a rogue 3rd party of lawyers picking committing tortious interference. The last thing that Goldwater should be doing is suing, all it's doing is costing the city more money and potentially their team. If Goldwater wants to debate the wisdom of this deal (i.e. they'd be better off without a team), the time for that was in december where it was put infront of city council. Otherwise, alll they are within their rights to do is exercise democratic dissent and pursue impeachment if they truly do represent the citizens of glendale.
Yes, anyone is within their rights to sue if they feel they have been wronged. However, what entities do not have the right to do is intefere with business transactions in order to make deals cost one (or both) side(s) more. It puts them liable for the additional cost to the deal.
You're missing the part where Goldwater thinks that the deal violates the constitution and is therefore against the law. Whether they are correct about that obviously sparks a lot of debate, but to suggest that municipalities can do whatever the hell they want, even if it violates the law, just because their city council narrowly voted in favour of doing it, is a bit of a stretch.
MR. HULSIZER: Okay. So parking rights are owned by the City. I can't answer this, Jay. I mean, I don't -- we don't see that. I think it's complicated, but I think, you know ...
MR. COPPOLETTA: Right, it is complicated. But, basically, the Arena manager and team get the parking rights two different ways. One of them was through a parking -- I can't remember the exact name, but a parking mixed-use development agreement with an entity controlled by Steve Ellman, and I think that's 2600-and-some spaces, and that's a contract that -- the bankruptcy process is ongoing, but that's a contract that can -- you know, the team would assume. There was a consent requirement under that. We have a signed consent from Steve Ellman to allow the transfer of those parking rights to go from the entity that we're attempting to buy, back to the City as part of the transfer of rights. So that's one set of rights. The other set of rights goes back to the original 2001 -- I'm going to get the nomenclature wrong -- "Am-mul"?
MAYOR SCRUGGS: "Am-u-la."
MR. COPPOLETTA: "Am-u-la." -- AMULA from 2001, which, again, it's kind of hanging out there in bankruptcy, but we get the rights to land, that maybe the City may own the dirt, but they convey the rights to control, operate, and get revenues from parking from, to the team, ten years ago.
MR. DRANIAS: Let me just ask you this: How do you explain, then, that under the original AMULA with the original team, they were being paid $500,000 a year as opposed to your deal –
MR. HULSIZER: That's why they're bankrupt. That's why we're here. It doesn't work.
MR. TINDALL: That's a ten-year-old agreement. It doesn't exist anymore. I don't understand why it would have any relevance –
The way this is going you can almost bank on the Yotes playing in Phoenix next year.
On the bright side if this occurs, it can serve as a warning stopping more cities from subsidizing sports teams and their arenas/stadiums.
http://www.nola.com/saints/index.ssf/2011/03/nfl_lockout_wont_hurt_superdom.htmlBecause the New Orleans Saints, like most NFL teams, keep all game-day revenue from the state-owned Superdome, a work stoppage wouldn't put a dent in the state's coffers.
If anything, a season-long lockout would allow the LSED to save nearly $1.2 million in game-day staffing, said Doug Thornton, the regional vice president of SMG, the company that manages the Superdome and the adjacent New Orleans Arena for the state.
...
In reaching a deal nearly two years ago that would keep the Saints playing in the Superdome to 2025 and create revenue streams for the Saints, the state built in a clause that alleviated much of its financial burden to the team if the 2011 season is lost because of a lockout.
According to the 15-year lease, the new revenue would reduce the state's financial obligation to the Saints based on a sliding scale, with the most the team could receive in a year capped at $6 million if the team generates less than $7 million in new game-day revenue. The state's payment drops to zero if the Saints generate at least $12.5 million in new revenue.
http://blog.nola.com/johndeshazier/2009/04/proposal_a_winwin_for_louisian.htmlAlone, those might make the deal palatable. But when you add in the deal is structured so the state's financial obligation to the Saints considerably is lessened, down from the current $23.5 million the state owes this year under terms of the current agreement, to no more than $6 million per year under the proposed agreement, then it becomes that much more attractive.
And that $6 million could shrink, depending on whether the team can increase its revenue.
The state will pay at least $85 million in Superdome improvements, including added seating and suites, to help provide an avenue for the increase. And Saints owner Tom Benson will buy New Orleans Centre and Dominion Tower, and will lease to the state 320,000 square feet at Dominion Tower for state agencies.
Here's a PDF of the 2009 audit of the fee structure:Over the last three fiscal years, the state has paid
SMG a total of $7,770,918 in management fees, in
addition to the $6,927,353 SMG paid to the
Superdome Marketing and Promotional Fund.
These fees do not include any operating expenses
SMG has projected that its fee will be no more
than $1,085,000 under the revised fee structure
that takes effect July 1, 2006, adjusted annually for
inflation. However, the projected fee is higher
than the fees paid in other states.
The Saints currently are receiving $23.5 million a year in cash inducements from the state. The agreement - brokered by former Gov. Mike Foster - guaranteed the team $186.5 million in state subsidies through 2010.
The state is struggling to meet the annual payments to the franchise. The largest problem is that hotel and motel tax collections are falling short. The state also is grappling with a budget shortfall of more than $1 billion for the fiscal year that begins July 1.
Bill Curl, media relations coordinator for SMG, which manages the Superdome, said the state is looking at "creative" ways of helping the Saints generate more money for themselves.
The idea, Curl said, is to look at ways to create more revenue to decrease the amount of direct payment from the state. (Baton Rouge Advocate)
In the meeting, GWI attorney Nick Dranius (sp?) cited the Superdome management agreement which supposedly has a $5M fee. I googled that deal, and while I have misplaced the link, sure enough GWI appears to be misrepresenting that dramatically. New Orleans pays a management fee PLUS the deficit run by the arena (which, in the 2000's, was $15-18M per year), plus a bunch of other stuff.
COG in retrospect should have used a different term than "Arena Management Fee" to define these payments, as it is misleading to the public (although as a lawyer I undersand why they did that from a draftsmanship point of view). It inaccurately implies to the public that it is a fixed fee. It also connotes that it is a profit component (much like legal fees, say).
It also creates confusion when comparing it to "fees" of other arena managers; many arena deals are structured like the Superdome deal, whereby the arena manager gets an actual Fee (a payment not based on expenses, but pure profit) on top of getting reimbursed for arena operating expenses, or arena operating deficits, or some similar measure. Those are the types of deals that actual arena operators like Spectacor enter into, as opposed to teams who also manage an arena while also supplying the anchor tenant.
In retrospect, they probably should have used a term like "Arena Expense Reimbursements" or something like that, and punched up the reality of MH not really getting any "fees" in the sense used in other arena management contracts.
Maybe you're the one who needs to read some Arizona papers?
This is one of the most recent AZCentral reports:
http://www.bizjournals.com/phoenix/morning_call/2011/04/nhl-presses-on-for-coyotes-financing.html
"Bettman also met with former Arizona Diamondbacks and Phoenix Suns owner Jerry Colangelo this week, according to sources familiar with the situation. It was not clear whether that meeting was meant to gauge Colangelo's interest in the team or to solicit his input about the sale."
From the same article...
Those investors and/or financial institutions would not be scared off by Goldwater’s opposition and promised lawsuit, and would be willing to finance a hockey franchise that has been losing $25 million to $45 million a year.
So just how many investors and/or financial institutions are going to jump at this? If you are an investor, that means you are doing it with the hope of making money, not losing money.
You're missing the part where Goldwater thinks that the deal violates the constitution and is therefore against the law. Whether they are correct about that obviously sparks a lot of debate, but to suggest that municipalities can do whatever the hell they want, even if it violates the law, just because their city council narrowly voted in favour of doing it, is a bit of a stretch.
With a good owner that cares for the team, better arena/parking terms and the elimination of crooks like Gretzky and his cronies that bled the finances of the team dry, perhaps the team can become profitable? Did you ever think of that, or do you think everything is static in the world of economics?
If that's the case, then I guess the tradition dictates that Winnipeg would continue to draw less than Phoenix did, since it has been proven that Phoenix outdrew the Jets in all of its years of existence.
I spent some time with the transcript this morning. This was particularly alarming.
@ 44/113 Emphasis Added
According to Hulsizer’s counsel, a portion of the parking rights is conveyed by the MUDA and it’s associated Easement Agreements which will be assumed via bankruptcy as consented by Ellman. However, the other set of parking rights is conveyed via the AMULA.
@ 47/113 Emphasis Added
According to Mr. Tindall the AMULA doesn’t exist anymore. Yet Mr. Coppoletta believes that the AMULA transfers parking rights to the team.
The AMULA exists when it is transferring parking rights but it does not exist when it contains the arena management fee? They may want to get on the same page.
Yes or no, do you honestly believe that the NHL and some of its employees do not share information anonymously with some media, sometimes with the attempt to tighten the vise on Glendale to approve the funding to get done, otherwise "you'll lose your team?"
If a Toronto-area top hockey journalist is sharing information on the situation, it's pretty clear who the source is even if it's "anonymous". If you're incapable of understanding that, I have the Brooklyn Bridge for sale that you can buy.