PORTLAND — Attorneys representing the Cumberland County Civic Center and Portland Pirates met in court for nearly eight hours on Wednesday to see if they could reach a settlement in a lease dispute over the right to play in the downtown arena.
Both sides gathered Wednesday morning behind closed doors, each spending time in the judge’s chambers at Cumberland County Superior Court for a settlement conference – a form of mediation to see if common ground could be reached with Chief Justice Thomas Humphrey.
Pirates’ managing owner Brian Petrovek, majority owner Lyman Bullard and minority owner Ron Cain, who recently purchased a majority share of the Androscoggin Bank Colisee, were present for the hearing along with their attorney Harold Friedman from Verrill Dana as well as Civic Center chair Neal Pratt, trustee William Troubh and their counsel David Barry of the Portland-based Pierce Atwood.
Petrovek and Pratt never returned calls for comment.
The Pirates sued county trustees last week over whether a one-page document constituted a binding lease agreement and has asked for an injunction to prevent the arena from booking events on dates otherwise scheduled for the hockey team.
The main point of contention for the Pirates is their claim they were to receive 57.5 percent of all food and beverage, including alcoholic beverages, something Petrovek long sought, in an agreement reached in April by both sides.
The trustees say the April agreement was the only a set of “bullet points” and no lease was finalized. The county issued its “best-and-final” offer to the Pirates on Aug. 27 looking for a reply by Aug. 29.
The Pirates rejected the final offer, citing the loss of revenue from alcohol sales wouldn’t make up for county’s 65 percent offer. The arena said they were no longer negotiating with the team and would begin looking for other events for the 36-year-old facility, which is currently undergoing a $33 million renovation.
According to recent financial documents, the civic center estimated the Pirates would earn roughly $10,000 per game from concessions revenue after the renovation is complete in mid January. It is estimated under the terms of the Aug. 27 agreement taht the Pirates would receive roughly $6,500 per game.
In the Civic Center’s response to the Pirates’ suit, filed in court on Tuesday, their attornies called their lease proposal from Aug. 27 as an “equivalent” lease agreement.
Both sides are also at odds over “above-ice” revenue, specifically from advertising dollars from “sub-naming rights,” which the Pirates contend they should received 50 percent, while the civic center claims those revenue streams and others from naming rights belong exclusively to the building.
There is no indication if either side will meet with Justice Humphrey again on Thursday.
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