So I've established that the owners and operators of the Missoula Osprey, Matt and Mike Ellis, are unprofessional and abusive. But surely, there must be someone in a position of authority who could listen to my complaints and remedy them. Surely, these people have to answer to someone....

5. Payment in lieu of Taxes. On or before September 30, 2001, and on or before
September 30th thereafter, Play Ball shall make a payment of $20,000 to the City in
lieu of real and personal property taxes.

FAIL

6. Maintenance Fund. There shall be a Maintenance Fund into which Play Ball will
contribute at least $20,000 in 2001, $35,000 in 2002 and 2003 and $40,000 thereafter
for the term of this contract. Play Ball will also contribute to the Maintenance Fund
any other operations revenues in excess of expenses and allowing for a reserve
account of up to 50% of that year's projected expenses. The purpose of the fund is to
provide for long-term maintenance and repair of the facility. Expenditures from the
fund must be for maintenance of the facility or its grounds and must be approved by
the City.

FAIL

17. Parking/Traffic Control. In order to mitigate and control the impacts of parking and
traffic generated by the Facility on the neighborhood and other public facilities, the
parties agree to the following multi-part strategy:
a) Hickory Street will be closed north of the intersection of River Street
during all minor league professional baseball games and Extraordinary
Events.

FAIL

c) With the approval of the City, Play Ball and its lessees will be responsible
for street closures and parking/traffic control during Extraordinary Events.
Each event, including minor league professional baseball games, shall
provide the necessary parking and traffic control in the form of barricades,
signs, and trained traffic controllers.

FAIL

f) Play Ball shall create, distribute and publicize through local newspapers, a
map depicting all offsite parking spaces as required by this agreement,
none of which may be at locations directly in front of residential property

FAIL

Hmmm.... what's this?

27. Default. If Play Ball violates or fails to abide by the provisions of the Agreement;
and fails to take immediate corrective action within thirty (30) days written notice
from the City of a violation or default; Play Ball will be deemed to have forfeited its
privileges and management rights with respect to operation of the Facility. If the
parties disagree over interpretation of the Use Agreement, the parties agree to submit
the dispute to arbitration. In the event this Use Agreement is terminated due to a
default and Play Ball is removed as manager of the Facility, the City becomes the
facility manager and assumes responsibilities and liability pursuant thereto.

Footnote:

After I received the letter above, the Mayor was gracious enough to meet with me and discuss my concerns. He agreed that he would send a communique to myself and others in the neighborhood addressing several of these concerns. That was over a year ago, and I'm still waiting.

Please click the Mayor's picture above to send and email asking for some justice. I really don't care if the City wants to let them slide on the payments, I just want to be able to enjoy my summer evenings without having to babysit the barricade on Hickory St. Last year I didn't have to do this, but this year, I do. Why? I don't know. The Mayor hasn't returned my call or my emails.

Besides this, I have no complaints about Mayor Engen and found him to be entirely personable, and surprisingly approachable.