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By Gina Tabonares
Variety News Staff
THE Guam Baseball Federation
turned over the keys to Paseo Stadium Wednesday night without incident
after the court approved the termination of GBFs 50-year lease agreement
with the Department of Parks and Recreation, which had petitioned for
the eviction of GBF.
DPR filed the petition after finding that GBF commissioner Mark Charfauros
forged the copy of the lease contract in order to take full
control of the stadium.
Charfauros, a former Democratic senator, was off island when DPR director
Joseph Duenas testified in the courtroom of Superior Court Judge Katherine
Maraman that the public-private partnership was not observed by GBF.
During a hearing Wednesday morning, DPR lawyer, Deputy Attorney General
William Bill Bischoff, presented copies of the amended lease
contract and the original version of the agreement.
Charfauros made some questionable amendment in the lease that provides
GBF more control over the stadium.
In an amended copy of the lease provided by Charfauros on Sept. 6, 2006,
the GBF commissioner improperly reworded some paragraphs so that GBF would
be the sole custodian of the Municipal Stadium Operations Fund, or MSOF,
account and only GBF could deliver a copy of its mandatory Public Liability
and Property Damage Insurance Policy to DPR each year.
The questionable changes in the contract also included a provision by
which amendments of the lease could be entered into with the signatures
of only the GBF Commissioner and the DPR director.
The original clause requires the signatures of the governor of Guam and
had to be approved by the Legislature.
Bischoff said Charfauros improperly reworded and altered the 50-year contract
agreement.
DPR and GBF entered into a partnership agreement for 50 years, requiring
GBF to provide DPR and the Office of the Public Auditor with an annual
audited statement of the MSOF.
The statement was to be provided no later than March 15 of each year.
The MSOF is the account where all stadium revenues were to be deposited.
However, Duenas said GBF failed to provide such financial statements and
meet its obligations to pay the lease and the utilities.
Originally, GBF was expected to pay not more than $4,000 a year but an
amended lease agreement required them to pay an annual rental of only
$1per year.
The new rental started on Jan. 1, 2005.
Duenas said they started asking for financial reports from Charfauros
after they learned that GBF had failed to pay its power bill that came
to more than $30,000.
We tried to make the partnership work. The last thing we wanted
to do was to go to court but despite of our effort, they did not heed
our plea so we had to bring up this issue that has had a negative impact
on the island, Duenas told Variety.
After the game Wednesday night, GFB returned the keys to DPR officials
peacefully an indication that Charfauros does not intend to fight
the present administration.
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