作者Iverigma (There is no spoon.)
看板BLAZERS
标题[新闻] Paul Allen要把Blazers搬离Portland的代价
时间Mon Apr 3 12:40:06 2006
之前在Portland Tribune (当地的一份免费报纸 一周出刊两次)看到的消息
Paul Allen在1993年签的一份文件让他没办法任意把球队搬离Portland
就算老板破产 或是卖掉球队 这分文件也一样有效力(适用於下一个owner)
详细内容我研究了半天还是觉得不太了解
看起来如果在30年内 老板要把球队搬离Portland 球队老板必须要付钱给Portland来
『补偿Portland所蒙受的损失』
如果球队打算要迁走 Portland可以以这分文件向法院申请禁制令
禁止Paul Allen(或之後的老板)这麽作 直到法院对这分文件做出解释为止
原文还说他们请了法律顾问来看这分文件
他说这分文件以很少见的程度来保护Portland市的利益
奇怪的是其他报纸在谈这件事的时候 都没有拿出这分文件出来讲 不知道到底是怎样@@
Tough city contract keeps grip on Blazers
Allen signed 30-year pact declaring team can’t move
By KERRY EGGERS Issue date: Fri, Mar 17, 2006
A legal document signed by Paul Allen prohibits him from relocating the
Trail Blazers to another city while he owns the NBA franchise. If he sells
the team, Allen agreed to make sure the new owner would be bound by the same
conditions.
Under a 30-year “exclusive site agreement” with the city of Portland
that went into effect June 23, 1993, Allen promised to keep the Blazers in
Portland.
The 18-page document is signed by Allen and then-Mayor Vera Katz, among
others Parties to the agreement include Allen, the city of Portland and
Trail Blazers Inc.
Three weeks ago, Allen’s representatives made public a plea to city,
county and state officials for financial support for the Blazers through a
proposed “public-private partnership” to help fix a “broken financial
model.” A representative said then that the NBA club stands to lose $100
million over the next three years.
In meetings with local government officials, Allen’s representatives have
not been specific about what sort of form that partnership could take. But
there have been veiled references to Portland’s somehow losing its NBA team.
In fact, in a posting on the Trail Blazer Web site last weekend, in a “
Conversation with Paul Allen,” the owner broached the possibility of the team
’s moving:
“I want the team to stay in Portland,” he wrote. “If this all ends up
in the courts, or someone buys the team and moves it, it would be a shame.”
But the “Exclusive Site Agreement” would seem to make that impossible.
Portland Mayor Tom Potter was unavailable for comment. His press aide,
John Doussard, said Potter “is aware of the document. I don’t know he has
read it. We know the document exists and know what it says. I have seen the
document. (But) Paul Allen has not called us up and talked about moving the
team.”
Under terms of the 1993 document — signed more than two years before the
Rose Garden opened — moving the Blazers would be a costly proposition for
the world’s sixth-richest man. Allen’s personal liability is limited to
Sections 3.4, 3.5 and 3.7, which deal with transfer of ownership of the team.
In signing, Allen agreed that a franchise move to another city would result
in paying damages to the city of Portland.
“In the event of a breach of this agreement by TBI (Trail Blazers Inc.)
or Allen,” Section 4 begins, “the city will suffer both damages compensable
by the payment of money, and damages (that) will not be compensable by money
and … will be irreparable.”
If that happened, the city could ask for a judge to issue an injunction to
prevent Allen from selling or moving the club until its legality was decided
in a court of law.
The document stipulates that a purchaser of the Blazers would “agree …
without modification or qualification, with the covenants and restrictions
applicable to Allen set forth in this agreement.”
A legal opinion obtained by the Portland Tribune suggests that the
agreement is unusually strong on the side of the city, which would be the
third-party beneficiary for any breach of contract.
Even if Trail Blazers Inc. were to file for bankruptcy, the party assuming
ownership of the club would be responsible under Section 3.2, which reads, “
In the event of the liquidation or dissolution of TBI, the covenants and
restrictions … set forth in this agreement shall be binding upon the
shareholders of TBI or any other distributee of the franchise and related
assets and properties of TBI.”
Blazer team President Steve Patterson and J. Isaac, the team’s senior
vice president of business affairs, referred questions to Andy Brimmer,
communications director for Vulcan Capital, Allen’s private investment group.
“As we said yesterday, both Vulcan and the city expressed a common goal
of keeping the franchise in Portland,” Brimmer said in an e-mail. “However,
in the ongoing discussions, we decline further comment.”
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