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Second Appeal Brief
PA ID# 033-UOSW7-00; Washington State Major League Baseball Stadium Public Facilities District
PW ID# 665, 666 and 678; Safeco Field
Citation: FEMA-1361-DR-WA; Washington State Major League Baseball Stadium Public Facilities District; PW 665, 666 and 678
Cross-reference: Legal responsibility; lease agreement
Summary: The Washington State Major League Baseball Stadium Public Facilities District (PFD) is requesting reimbursement for repair of the Safeco Field and parking structure, and for safety inspections ($472, 766.52). Damage to the facilities occurred during the Nisqually Earthquake, February 28, 2001.
The FEMA Chief of Staff responded to the first appeal in a letter dated
February 28, 2003, and determined that the PFD was not legally responsible for repairs. Although the PFD owns the Ballpark, it leases the ballpark to the Baseball Club of Seattle. According to terms of the Operations and Lease Agreement and the Project Closeout and Settlement Agreement, the lessee (the Baseball Club of Seattle), not the PFD, is legally responsible for the earthquake repairs. The PFD is responsible to reimburse the Club for repair costs, but reimbursement is required only when funds are available.
In the second appeal, the applicant maintains that the lease does not state that the Club is responsible for extraordinary repairs, nor does it absolve the PFD of its legal financial responsibility.
Issues: Does the PFD have legal responsibility to repair Safeco Field and the parking structure?
Findings: No. Article 7.1 of the lease agreement states that the Club has sole responsibility for the repairs to Safeco Field.
Rationale: 44 CFR § 206.223; Ballpark Operations and Lease Agreement Between the Washington State Major League Baseball Stadium Public Facilities District and the Baseball Club of Seattle, L.P