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The fair-deal terms

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The Register: 46 public requirements for an affordable, enforceable arena bargain.

Updated September 8, 2026Sources & corrections ↗

The tests before approval

  • A defined, independently costed project and affordable maximum public exposure.
  • Committed private obligations owed by identified, financially capable entities.
  • A direct, continuous franchise commitment and workable remedies.
  • Preserved public title, lawful authority and independently usable financial records.
  • Funded maintenance, tenant continuity and enforceable labor/community outcomes.
  • Complete material documents and a public explanation of every significant concession.

The Register

Open a requirement for the detail. Required identifies a public outcome; Price an exchange to value; Verify evidence needed before acceptance. These are recommendations—not a claim that the current proposal delivers them.

Showing all 46 requirements across 8 chapters.

Browse the chapters

01The public bargain

01Set the public objective and fiscal envelopeRequired public outcome

Approve a maximum public exposure by government, year and purpose. Explain the public services and benefits being purchased, annual affordability and downside debt exposure. An available State funding ceiling is not a reason to enlarge the project.

Contract baseline and primary sources · Funding definitions

02Reconcile the governments' bargainRequired public outcome

Resolve the City and County’s different funding assumptions before promising the private parties one package. Match every City-to-County obligation with a collectible private obligation or an explicitly approved public risk.

Contract baseline and primary sources · Funding definitions

03Give the City an independent team and an actual mandateRequired public outcome

Give independent finance, construction, engineering, real-estate and legal advisers a clear mandate. Disclose conflicts, reserve major concessions for public approval, and fund contract administration after signing.

Contract baseline and primary sources · Funding definitions

04Establish the operative legal baselineVerify evidence

Use executed agreements, amendments, consents, releases and buyer assumptions. Identify existing rights and show redlines against operative text. Council approval exhibits are useful sources but are not necessarily signed counterparts.

Contract baseline and primary sources · Funding definitions

05Price and maintain credible alternativesRequired public outcome

Price continued bridge operation, a smaller or phased renovation, alternative management and operation without the NBA. Include protected tenants, lender rights and transition costs. Distinguish choices the City controls from decisions requiring someone else’s consent.

Contract baseline and primary sources · Funding definitions

06Obtain a complete operating model and data baselineVerify evidence

Obtain venue-specific financials, event data, affiliate allocations and forecasts. Separate venue income from franchise appreciation and national media revenue. Count overlapping benefits once and publish independently verified aggregate findings.

Contract baseline and primary sources · Funding definitions

02Scope & construction

07Define and independently cost the renovationRequired public outcome

Attach a complete independently costed scope, schedule and acceptance standards. Separate current obligations, lifecycle renewal, commercial enhancements and public requirements. Explain differences from the facility assessment (workbook; study explained); it is not the transformation budget.

Contract baseline and primary sources · Funding definitions

08Establish hard public contribution limitsRequired public outcome

Set hard public limits covering capital, continuing support and identified ancillary costs. Preserve actual-receipt conditions. No later maintenance label, fee credit, change order or side agreement should silently recreate an unlimited public commitment.

Contract baseline and primary sources · Funding definitions

09Require genuine new private capitalPrice the exchange

Require a defined amount of genuinely new private capital and committed funds. Exclude already owed repairs, public reimbursements and contingent guarantees. Private money should reduce the public requirement for a fixed project, not automatically enlarge the budget.

Contract baseline and primary sources · Funding definitions

10Make the financing legally workable and economically transparentRequired public outcome

Disclose legal borrowing authority, pledges, taxable or tax-exempt treatment and worst-case repayment. If bonds expose the General Fund, approve that legal risk explicitly. State funding intentions are different from debt already issued on State credit.

Contract baseline and primary sources · Funding definitions

11Procure and control construction deliveryRequired public outcome

Use a justified procurement route, transparent affiliate fees and independently reviewable costs. Obtain contractor security, warranties and direct information rights. A contractor price ceiling does not replace a solvent party’s completion obligation.

Contract baseline and primary sources · Funding definitions

12Allocate every overrun and change-order categoryRequired public outcome

Allocate inflation, design errors, field conditions, permits, contractor failure and requested changes. Public exceptions must be specific, priced and bounded. Require authorized change orders and continued undisputed work during technical disputes.

Contract baseline and primary sources · Funding definitions

13Control draws, ownership, liens and savingsRequired public outcome

Certify eligible work and remaining cost to complete before releasing funds. Protect title, liens, equipment and warranties; prevent duplicate reimbursement. Require a private top-up when remaining committed funds cannot finish the approved scope.

Contract baseline and primary sources · Funding definitions

14Align construction, occupancy, rent, team commitment and debt datesRequired public outcome

Align bridge expiry, construction, occupancy, rent, nonrelocation, debt maturity and surrender. Prevent owner-caused delay from postponing payments indefinitely. Provide continuous commitments during renovation and clearly priced emergency exceptions.

Contract baseline and primary sources · Funding definitions

03Cash & commercial rights

15Charge dependable rent for the rights grantedPrice the exchange

Price dependable rent with explicit commencement, escalation, recipients and security. Preserve the value of the adopted $3.17 million proposal unless a disclosed exchange improves the package. Count credits once and distinguish rent from other duties.

Contract baseline and primary sources · Funding definitions

16Obtain an auditable share of commercial valuePrice the exchange

Define an auditable commercial participation base, normalized baseline and treatment of affiliates, bundles, barter and prepayments. Compare participation with dependable rent and private capital. Inventory vendor-funded assets, exclusivities and necessary successor data access.

Contract baseline and primary sources · Funding definitions

17Modernize admission fees without hiding fan incidencePrice the exchange

Define admission value in premium bundles and licenses, collection priority, settlements and anti-avoidance. Decide openly whether to broaden a charge. A team-remitted ticket fee may still be paid economically by fans.

Contract baseline and primary sources · Funding definitions

18Price naming, sponsorship and intellectual-property rightsPrice the exchange

Price actual arena naming and sponsorship rights, existing license tails and prepaid receipts. The current 50% Project provision is for trademark royalties; another provision restricts sale of Project naming rights. New rights need express authorization.

Contract baseline and primary sources · Funding definitions

19Renegotiate parking as a complete service and cash-flow bargainPrice the exchange

Preserve City rate approval, public-garage records and direct drive-up receipts; obtain equivalent arena-garage verification. The 25% administrative fee applies to defined invoiced non-event parking, not all parking revenue. Model costs, redevelopment and transport policy together.

Contract baseline and primary sources · Funding definitions

20Give the Coliseum a separately justified operating bargainPrice the exchange

Price the Coliseum operatorship separately, with a justified competitive or exempt procurement route. Address the existing Moda booking preference, shared services, advertising exclusions, reserves, loss recoupment and offsets against City receipts.

Contract baseline and primary sources · Funding definitions

21Negotiate a defensible PILOT and tax treatmentPrice the exchange

Negotiate a substantial PILOT with specified beneficiaries and start date. Compare it with an independently calculated parcel-level tax model, including assessment rules and exemptions. Construction cost multiplied by a levy rate is not an actual tax bill.

Contract baseline and primary sources · Funding definitions

22Preserve lawful taxing, regulatory and public-service powersRequired public outcome

Preserve lawful taxing, regulatory, disclosure and public-service powers. Remove or tightly price targeted-tax reimbursement duties. Deleting a contractual restriction does not itself grant taxing authority or enact a surcharge.

Contract baseline and primary sources · Funding definitions

23Specify every receipt's destination, priority and permissible creditRequired public outcome

Trace every receipt through expenses, credits, debt, reserves and final beneficiaries. Identify County, school and statutory allocations. Do not count restricted arena money again as unrestricted City service revenue.

Contract baseline and primary sources · Funding definitions

04Maintenance & reserves

24Preserve and price the first-class claimRequired public outcome

Preserve and independently value maintenance claims before releasing them. Apply equivalent-age standards, timing, releases and remedies. Neither our former $164 million analytical classification nor a $120 million demand is established debt. Inspect the workbook and the classification correction.

Contract baseline and primary sources · Funding definitions

25Replace vague maintenance promises with a funded lifecycle allocationRequired public outcome

Assign preventive maintenance, repairs, renewals and future standards to a payer. Require an asset register and independent condition reviews. Public capital availability must not excuse operator obligations or promise every future commercial enhancement.

Contract baseline and primary sources · Funding definitions

26Fund reserves and verify end-of-term condition earlyRequired public outcome

Fund reserves from a lifecycle model and test condition years before expiry. Require correction funding and security that survives completion. Specify reserve ownership and prevent a large unfunded replacement cycle being handed back to the City.

Contract baseline and primary sources · Funding definitions

05Franchise & security

27Bind the actual franchise, operator and supporting entitiesRequired public outcome

Identify the franchise, operator and support entities beside each duty. Verify the buyer’s assumption chain and actual financial capacity. The existing narrow TBI contribution backstop is not a general personal or parent guarantee.

Contract baseline and primary sources · Funding definitions

28Calibrate accessible security to actual exposureRequired public outcome

Size cash, guarantees, completion support and letters of credit to actual exposure. Set draw, renewal and replenishment rules. Security has a cost even when an owner plans to comply; require enough usable protection without adding mutually exclusive losses.

Contract baseline and primary sources · Funding definitions

29Obtain a direct and continuous franchise commitmentRequired public outcome

Bind the actual franchise continuously, including after specified operator defaults. Define permitted temporary sites, home games, notice, compensation and return. Identify City closure or tenancy elections that could inadvertently end the stay covenant.

Contract baseline and primary sources · Funding definitions

30Resolve league-rule priority and league consentsRequired public outcome

Obtain needed NBA acknowledgments and allocate league-rule consequences. Preserve and improve the existing binding equitable-adjustment mechanism. A City contract alone cannot bind the league or erase legitimate scheduling and labor requirements.

Contract baseline and primary sources · Funding definitions

31Make transfers, refinancing and lender intervention preserve the bargainRequired public outcome

Distinguish franchise sales, lease assignments, control changes and foreclosures. Require assumption, credit qualification and replacement security. Preserve public title and reasonable lender cure rights without guaranteeing acquisition debt.

Contract baseline and primary sources · Funding definitions

32Design proportionate defaults and a workable takeoverRequired public outcome

Use proportionate defaults, cure periods and step-in rights with an actual operating plan. The protected team tenancy’s 110% of variable game costs does not cover every fixed arena cost. Do not promise unlimited City operation at a loss.

Contract baseline and primary sources · Funding definitions

33Allocate casualty, condemnation and force-majeure consequencesRequired public outcome

Price insurance, deductibles, earthquake and flood risks, restoration deadlines and uninsured shortfalls. Address the existing major-casualty termination route, temporary venues, condemnation, debt and cleanup. Weak demand is not force majeure.

Contract baseline and primary sources · Funding definitions

06Land & district rights

34Separate district development from the arena subsidyRequired public outcome

Implement the September 3 AVT negotiating direction through parcel-specific agreements. Resolve existing rights, title and financing. Do not grant a new team development exclusive merely to close the arena deal.

Contract baseline and primary sources · Funding definitions

35Price land, infrastructure and the Entertainment Complex togetherPrice the exchange

Value land, infrastructure, parking displacement and Entertainment Complex rights together. Use milestones and remedies. The deleted market-rent reset must be weighed against shortened tenant options and earlier public reversion.

Contract baseline and primary sources · Funding definitions

36Preserve alternatives without gratuitously surrendering reciprocal protectionsRequired public outcome

Review both sides of the mutual noncompetition covenant, its actual venue scope and its expiration. Preserve useful public alternatives without giving away reciprocal rights for nothing. It is not a blanket ban on rebidding existing management.

Contract baseline and primary sources · Funding definitions

07Tenants & public benefits

37Make labor and community commitments part of the purchased public purposeRequired public outcome

Make wages, benefits, lawful labor commitments, contracting and community obligations measurable and enforceable. Name the payer, beneficiary and remedy. A labor-peace label or a maximum potential donation is not delivery.

Contract baseline and primary sources · Funding definitions

38Protect the Fire, Winterhawks and other users in actual agreementsRequired public outcome

Give the Fire, Winterhawks and other users workable dates, facilities, charges, transition compensation and return rights in actual agreements. Obtain league/site approvals and resolve conflicting calendar and sponsorship promises.

Contract baseline and primary sources · Funding definitions

39Define the public's everyday access and neighborhood protectionsRequired public outcome

Specify affordable access, community dates, accessibility, public-space use and neighborhood protections. Assign construction, transport, public-safety and operating costs. Set funded, measurable environmental targets and continuing verification.

Contract baseline and primary sources · Funding definitions

08Oversight & closing

40Replace the confidentiality architecture coherentlyRequired public outcome

Amend the NDA, lease and audit clauses together, including duties for previously disclosed information. Remove coded meeting labels and blanket withholding promises. Preserve lawful privacy, trade secrets and privilege through specific review; the law controls disclosure.

Contract baseline and primary sources · Funding definitions

41Make oversight permanent, independent and fundedRequired public outcome

Fund permanent independent audits, condition assessments and public compliance reports. Include relevant affiliates and usable copies. Contractual reporting must continue beyond the statute’s 2032 reporting sunset.

Contract baseline and primary sources · Funding definitions

42Define Joint Authority powers and reserve major decisionsRequired public outcome

Define Joint Authority membership, powers, voting, conflicts and dissolution. Reserve major scope changes, added public exposure, releases, security reductions and property dispositions for appropriate public approval.

Contract baseline and primary sources · Funding definitions

43Make remedies collectible and proportionate while preserving public liability limitsRequired public outcome

Preserve statutory remedy floors, reasonable departure damages and judicial remedies, with recoveries credited once. Keep public fee priority and liability limits. A damages remedy should not silently become a purchased option to relocate.

Contract baseline and primary sources · Funding definitions

44Price renewals and plan eventual separationPrice the exchange

Price extensions and plan separation, including contracts, software, bookings, prepaid rights and reserves. Longer leases can prolong State tax capture: debt retirement alone does not end the statutory transfer period.

Contract baseline and primary sources · Funding definitions

45Require meaningful public review of the final bargainRequired public outcome

Publish the complete material bargain, redlines, fiscal analysis and deviations with meaningful time before approval. A proposed 30-day contract review and 14-day financial report rule requires adoption; it is not an existing universal deadline.

Contract baseline and primary sources · Funding definitions

46Close a complete, funded and internally consistent packageRequired public outcome

Distinguish signing, effectiveness, financing, construction authorization and disbursement. Satisfy statutory prerequisites in the right order. Require funded scope, necessary consents, private support, insurance and tenant/community arrangements before the relevant commitments become effective.

Contract baseline and primary sources · Funding definitions

What the final documents must show

A public compliance schedule should identify each requirement’s baseline, agreed language, responsible obligor, due date, evidence, remedy and waiver authority. Distinguish proposed, agreed in principle, signed, funded and independently verified. Publish the complete material suite and changes against operative agreements; a recital that a lease is not a novation does not by itself preserve every claim.

The local commitments required by SB 1501 must be legally sufficient before State issuance. Coordinate effectiveness, escrow and construction disbursement conditions so the closing is protected without a circular requirement that bonds exist before their statutory prerequisites.

Sources: Enrolled SB 1501 · August 12 City term sheet · County Resolution 2026-050

What changed after rereading the contracts

The Register now contains 46 requirements, organized around a complete public bargain. We removed unsupported package-value floors, treated disputed maintenance liability as unvalued, corrected parking and naming-rights descriptions, and separated nonbinding proposals from delivered protection. Existing rights, construction risk, revenue collection, other tenants and eventual exit all belong in the same negotiation.

The public standard sets outcomes. Exact prices and combinations require evidence and negotiation. A proposed payment is not legally required merely because another arena obtained it; adequate security is valuable and also has a cost.

Read the corrections and the contract provisions behind them →

Read the source documents

2024 public testimony · City bridge summary

The 2024 PDFs below are Council approval exhibits. They are not all executed counterparts, and some contain blanks. This review checked the main lease and Exclusive Site Agreement against signed September 2024 counterparts and district agreements against executed versions where available. Historical base agreements, subsequent amendments and buyer consents remain necessary for operative drafting.

Sources: Ordinance 191857 · Arena Operating Lease approval exhibit · Exclusive Site Agreement approval exhibit · Development Agreement approval exhibit · Parking Agreement approval exhibit · Entertainment Complex amendment · Coliseum amendment · CC&R amendment

Sources: August 12 City term sheet · County Resolution 2026-050 · Enrolled SB 1501 · Enrolled SB 5701 · City CFO financing memo · September 3 Resolution 37751 · State PFM comparables review

How these numbers fit together
$573MProposed public renovation portion: State $365M, City $120M, County $88M. The adopted negotiating documents still need a reconciled funding plan and complete project budget. Proposal verified
Up to $288.6MContinuing contribution ceilings: City $275M plus County $13.6M. Annual limits and actual-receipt conditions matter; these are not unconditional cash commitments. Proposal verified
$861.6M$573M + $288.6M: combined nominal framework ceilings before financing costs. This is neither a present value nor a binding all-in expenditure. Do not add repayment of the same borrowed principal twice. Calculated
$3.17M + $3MProposed initial annual rent and tax-offset payment. Rent begins at the specified post-renovation commencement and escalates by the lesser of CPI-W or 3%; the tax offset grows 5%. Start dates, recipients and credits still matter. These are not the public’s only receipts. Proposal verified
UnvaluedThe maintenance claim, new commercial rights and operating alternatives require legal, engineering and financial valuation. A lifecycle cost estimate is not a damages award; gross venue revenue is not profit.

Verified describes what a source says, not that a proposed obligation is signed or funded. The reconciled ledger and sources →