From merely a strict interpretation of the lease, you are correct. Although, a strong argument can be made that the Rams played to the loophole in the clause by proposing something that was so outrageous that they knew it would never be approved.
The arbitrator was in a position of "all or nothing" when making the ruling. If the Rams were more "reasonable" in their interpretation, we wouldn't be where we are. Bottom line for me, this all played out exactly how the Rams envisioned, they wanted a new facility. PERIOD. They knew the only way to ensure that was to force the hand of the CVC and propose something so outrageous it had zero chance of being accepted.
Again, by the strict interpretation, they did nothing outside of the scope here. But we then go back to the negotiate in "good faith" argument that is much more subjective in league circles.
The real problem I have with this is if you look back to 2005 and up until shortly after the Rams agreed to waive the 2005 top tier status clause, members (I assume more than Dan Dierdorf but at least him) were warning the CVC that they needed to work on funding a renovation or a new stadium. Dan knew then that they would be talking in the hundreds of millions of dollars. And he said then that the city could likely lose the Rams if they didn't do something.
The lease did not prohibit the CVC from negotiating a solution to the pending stadium issue or working on other solutions. No lease can do that as long as it is being done by the parties included in the lease. They definitely could have been working on something to fix the problem
everyone saw coming.
The Rams offered up what I would agree was a pie in the sky plan to remodel the Dome. So the CVC's answer is to give the arbitrators no choice but to side with it anyway? To me, that is really poor business practice and really demonstrated how much they were willing to put forward to fulfilling their end of the contract.
If we wouldn't be here if the
Rams were more reasonable, where would we be if the CVC wasn't so
unreasonable? I have read numerous accounts that the CVC and city leaders felt like they held all the power and were not open to meaningful modifications to the dome. Unfortunately, we will likely never know how the conversations between Stan's people and the CVC really went.
What we do know is that the CVC negotiated a lease that was bad for St Louis. Shaw was on the stadium committee at the time so he had inside information that the CVC was desperate and ready to offer the kingdom. Unfortunately they did. But I suppose if they didn't, they likely would not have the Rams and we wouldn't be 375 pages into a thread about relocation.
See, that is where the disconnect lies. They didn't PROMISE anything. The part of the lease that included the "top tier" clause was just that. And IF they were unable to meet that very subjective definition, they had the right to excercise, within the terms of the lease, the option to void the remaining years and go year to year.
Not sure how you can really say this. Who puts benchmarks into a lease that they have no intention to uphold? And if they did, isn't that starting out in bad faith? When you put something in a lease, you are promising to fulfill it to the best of your ability.
I haven't read the lease in a while and I never did read every word but IIRR, the top tier wording includes the word "SHALL". I'm sure anyone who has dealt with contracts or legal issues can tell you what that word means.
It's true that the opt out is in there and therefor would eliminate the potential for breach. But it would be to everyone's expectation that that clause would be met. Otherwise you would be putting forth a ten year lease with the hope that the team renews even though you didn't live up to your end. In ten years, the team did in essence renew but with added conditions. The CVC negotiated and agreed to not only get to that top tier status but give a progress report and plan of action by 2012. Upon which time, they offered what they knew wasn't even in the ballpark.
Personally, I didn't want the Rams to leave LA and I don't want them to now leave St Louis. But the idea that Stan is the only reason we are here discussing this is wrong. The CVC has played a big part in this situation.