之前在Portland Tribune (當地的一份免費報紙 一週出刊兩次)看到的消息
Paul Allen在1993年簽的一份文件讓他沒辦法任意把球隊搬離Portland
就算老闆破產 或是賣掉球隊 這分文件也一樣有效力（適用於下一個owner）
詳細內容我研究了半天還是覺得不太了解
看起來如果在30年內 老闆要把球隊搬離Portland 球隊老闆必須要付錢給Portland來
『補償Portland所蒙受的損失』
如果球隊打算要遷走 Portland可以以這分文件向法院申請禁制令
禁止Paul Allen（或之後的老闆）這麼作 直到法院對這分文件做出解釋為止
原文還說他們請了法律顧問來看這分文件
他說這分文件以很少見的程度來保護Portland市的利益
奇怪的是其他報紙在談這件事的時候 都沒有拿出這分文件出來講 不知道到底是怎樣@@
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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