[tonyhomer]

Hello I am involved in a youth baseball program, 2 years ago the city commission voted to renew the lease for 5 years. That year the head of parks and rec and the baseball president apparently either ever signed or lost the copies. Both are gone and no longer at either position.

So this year the new head of P and R contacts me regarding our lease stating its not signed and invalid. I have a copy of the lease that I requested from the gentleman last year who was in cahrge of it however its not signed. But he did acknowledge it existed.

Now the new P and R guy is voiding our lease and we still have 3 years left.

They are reworking the whole, lease trying to start charging us for things they according to the copy of the lease I have that's good until 2011 except its not signed.

So do we have any rights to force them to uphold this lease or must we work out details of a new lease and start over?

This association has put thousands of dollars into this complex and now we risk losing our rights to it unless we agree to there new terms.

Please help.

PS. I have an email from the past parks and rec head verifying we indeed had a lease and I can provide city counsil minutes from there meeting when they approved the lease back in 2006 for 5 years.

IS this enough to force them to uphold there end until 2011?

Our citys youth depend on this lease for the future of youth baseball.

[tonyhomer]

We are in Ohio if its important? Sorry

[ScottGem]

Sounds like you might have a good case. I would ask your local elected officials to intercede.

[Fr_Chuck]

Go back and get a copy of the city commissions minutes and their vote to lease the property to you.

[tonyhomer]

Once we have the minutes from the Counsel meeting that should be a legal document correct? We have a city commission meeting Monday. I plan to address this issue at that time.

I will ask for the minutes from the meetings and present the unsigned lease and email stating the lease did exist and still does.

Sound reasonable?

Thanks everyone.

Tony

[ScottGem]

Good luck

[tonyhomer]

Is there a legal law I could mention as to why I feel that it would be a valid lease?

[tonyhomer]

good luck

Thank You we may need it.

I have searched Ohio law and found that under statute of Frauds that Section D 2 may save us with the other things we can prove that shows our lease was indeed being upheld and followed until recently. Here is the link to such wrtings. Tonight is the meeting and hoping to get input on if this statute will help us?

Lawriter - ORC - 1310.08 Statute of frauds - UCC 2A-201.

[LisaB4657]

Don't bother throwing laws at them. They're going to have an attorney representing the commission who will be well aware of the law and will advise the commission accordingly. Just bring all of your paperwork with you.

Also, it might be a good idea for someone to notify the local newspaper that there could be an interesting issue being discussed tonight at the commission meeting. If the newspaper doesn't regularly send a reporter to cover the meeting then they might choose to do so. That can only help.

[rockinmommy]

I think you have a decent case - at worst.

I wouldn't hesitate to call in some favors to get this resolved. Is there not some little star player who has a parent or grandparent on the city counsel, or who is some big wig attorney or something like that? Have you contacted the media?

[tonyhomer]

The City is aware of the issue, however they are trying to make the fields open to anyone who wishes to use them, Thus are complaint the organization has leased those fields for 20+ years and has spend thousands and thousands of dollars maintaining them and paying for there upkeep and maintenance and now they want to claim no signed lease to allow them to rewrite the lease, start charging us for things the city has helped with like electric and such and then make us let any of these others use the fields as well and take field time away from the recreational league.

We are getting some help and interesting responses throiugh the newspaper however the commission has no players involved there all older people and have no clue about the baseball programs and how much they cost to run.

Our problem is if they won't honor our lease until 2011 as agreed on in 2006 and try to make us do as they say and change things I don't think they realize we do not have to except a new lease under different terms and at that point if we can't come to agreements there will be no youth baseball in 2009 as even for us to make the season happen we must get started NOW. Signups are in January and we have not even begun to get things started for 2009 due to this issue.

[tonyhomer]

I think you have a decent case - at worst.

I wouldn't hesitate to call in some favors to get this resolved. Is there not some little star player who has a parent or grandparent on the city counsel, or who is some big wig attorney or something like that? Have you contacted the media?

The counsel is 6 people and no they have no players. I wish that we had this option, If worst comes to worse We could hire an attorney if needed. While you think we have a good case what is our grounds? Is there a legal term or such that we can mention?

[rockinmommy]

Well, my experience is in residential rentals, so I'm not an expert in your specific circumstance, but generally the court will look at "intent" (assuming you wound up suing them to try to enforce the unsigned lease). You can prove that the city has been honoring the lease all this time, so that counts for something.

I really think you're going to get the farthest on this by making a big deal out of it, get the public on your side, etc. I realize the meeting is tonight, but I think you need to get some people on the phone and start calling the parents of every little league player you can. They need to show up at the meeting tonight to voice their outrage that their city would just pull the rug out from under their kids. Have the kids at the meeting in their uniforms. I mean, go nuts... You know those parents that go nuts at games and yell at the coaches and umpires and kids?? Get THEM to come to the meeting.

Newspaper is great... call TV stations. Mondays are generally a pretty slow news day. Someone should find this intersting enough to pick up the story.

There will be plenty of time for attorneys and laws, etc if you don't get what you want from the council and wind up having to sue them.

[LisaB4657]

As I said, stop trying to throw laws at them. Just walk in there with your prior lease, a printout of the email from the previous P & R guy confirming the existence of a new lease, and a copy of the council minutes voting to renew the lease. If they continue to give you a hard time after seeing your paperwork, then tell them that you're going to retain an attorney to file a motion for a declaratory judgment and they can tell the taxpayers why they are choosing to spend their money on a lawsuit and legal fees to prevent the children from playing baseball.

[tonyhomer]

As I said, stop trying to throw laws at them. Just walk in there with your prior lease, a printout of the email from the previous P & R guy confirming the existence of a new lease, and a copy of the council minutes voting to renew the lease. If they continue to give you a hard time after seeing your paperwork, then tell them that you're going to retain an attorney to file a motion for a declaratory judgment and they can tell the taxpayers why they are choosing to spend their money on a lawsuit and legal fees to prevent the children from playing baseball.

Lisa Thank you that is the answer I was looking for, We'll see how things go tonight.

[LisaB4657]

Good luck and try not to worry too much. If I was representing the council I'd be telling them to sign the lease immediately and fire the P&R guy. :)

[tonyhomer]

Good luck and try not to worry too much. If I was representing the council I'd be telling them to sign the lease immediately and fire the P&R guy. :)

Unfortunately there are things like Electric, and trash that they are trying to charge us for, actually did charge os for trash removal last year and wanted to charge us 4000.00 for lights next season. These things are in the lease and to be privded by the city.

And there are select private teams fighting to gain access to these fields and the city is falling for there pitty, They do not understand that We support all these players if they participate in the league however they wish to not play with the rec players as they are not good enough for them.

Our organization is for all who want to play, Not just the best kids, We have programs for those players however the parents don't want there kids playing with the less quaility players.

We plan to fight this hard and was just looking for input on our rights according to the lease in question,

The new P and R guy doesn't have any clue, about baseball and or running such a large association.

Again Thank you and I'll let you know what the outcome is,

[LisaB4657]

If the council minutes show that they voted to renew the prior lease then they are not entitled to renegotiate it.

As for the business about the private teams, make sure that the newspaper reporter is made fully aware of that.

The point is that the council members are elected officials. After your presentation they have to believe that they're going to get phone calls and letters from hundreds of voters asking why the town is not willing to let the kids play baseball anymore.

Scaring politicians with the loss of votes is far more effective than throwing laws at them. :)