Summit County forecloses on the Rubber Bowl

The deteriorating Rubber Bowl could be rock 'n' rolling if the city of Akron, Ohio, rezones it for music concerts, a move its new owners say would unleash millions of dollars in private investments from the other side of the country.

No more back taxes, which are approaching $200,000. No more unsightly and unsafe conditions.

Instead, the owners say, there would be new parking, a built-in restaurant, a main stage and six concerts a year.

"Big names," said attorney William Corgan, whose clients William Dunn and Sean Mason formed Team 1 Properties for the sole purpose of owning the Rubber Bowl. "That stadium is so big that it's going to fit a lot of those musical acts that its been able to fit in the past like the Rolling Stones. I know the Black Keys are interested in opening. My guys have talked to them."

But Team 1 has not paid property taxes or made repairs since buying the Rubber Bowl from the University of Akron for $38,000 in 2014.

Now the owners want the city to take the deed then lease the property back to them. Under municipal ownership, the city could approve a conditional use for the property after two years of inactivity have rendered it useless by the city's zoning law.

The other option would be for Mason and Dunn to apply for rezoning. But they haven't, instead pushing the property-transfer-then-lease-back plan.

The city could end up with the property after all, but not the way Mason and Dunn would like see it go down. The Summit County Land Bank filed in court Friday to foreclose on the Rubber Bowl on behalf of Kristen Scalise, the county's fiscal officer.

State law allows the quasi-private land bank to act as an agent for local governments seeking to control and secure problem properties or recover taxes and other lost revenue. Patrick Bravo, the agency's executive director, said his staff found kids hanging from a second-floor roof when they went out to inspect the condition of the "highly tax delinquent" stadium.

"They said it was wide open," Bravo said his inspectors reported. "So [the owners] have done nothing to secure it."

The foreclosure hearing will be held in May before the Summit County Board of Revision, which rules on tax and other issues. The land bank has the authority to speed up the foreclosure process, which could still be indefinitely interrupted if the Rubber Bowl owners file for bankruptcy, a move that put the Rolling Acres Mall foreclosure on a long pause.

Bravo will eventually meet with the city to find a suitable next owner, preferably one with a plan to return the stadium to good use or dispose of the property before it falls further into disrepair and poses more of a threat to public safety. For now, Bravo said the plan is for the land bank to hold the property until an end user steps forward.

The foreclosure case cites the unpaid taxes, which Corgan said his clients didn't think they had to pay.

"What happened was they were under the impression when they got it that they would have a tax abatement for a period of time," Corgan said. "This was a conversation on the phone with [the late county executive] Russ Pry. We don't have any documentation on that."

Jason Dodson, chief of staff for County Executive Ilene Shapiro and her predecessor, said he never heard Pry speak of such an arrangement, adding that it would have been out of character for the former executive to say taxes do not need to be paid.

The last wrinkle in the plan to rock out the stadium is the Black Keys who are from Akron. And the band's agent isn't commenting to the Akron Beacon Journal/Ohio.com on whether they'd open at the Rubber Bowl, should all other obstacles be overcome.

Corgan met with Akron City Council in January to present a new vision for the old stadium.

With the United States Football League tanking, Team 1 had jettisoned an original plan to bring in a semi-professional football team. So in January, they pitched music shows and festivals with an option for local organizations to play soccer or football.

Council President Marilyn Keith thanked Corgan for presenting the plan in a letter sent March 1. Usage wasn't the issue. It's what the private company would ask of the city that concerned council, Keith told Corgan.

"With the fact that their venture is rooted in the idea that it would be a public/private partnership, we would need a more concrete plan for us to move forward in anyway," Keith wrote. "The plan needs to be solvent financially with no commitment from the city."

Three weeks later, Corgan replied: "I am unsure of what further details the City Council needs to be fully advised as to what is going on here. Let there be no confusion about this matter. My clients are ready to move forward, they have been ready for over a year. All of your concerns can be satisfied. The taxes will be paid, the structure will be fully renovated and secure 24/7.

"But nothing can happen until the zoning issue is resolved simply because the investor is unwilling to release the funds necessary into an improperly zoned venture."

With two options on the table — either rezone or deed then lease back — Corgan said a former bank CEO will give Team 1 the money it needs to pay the tax bill and hire companies to repair concrete and bleachers. "We have the money with AEL, our capital investor, and they also have the industry experts who understand how to operate a music venue," Corgan said. "The only thing that is holding us up is the zoning."

But Corgan's clients have not applied for rezoning or provided the city with the terms a proposed property transfer agreement, which in the end could leave the city with ownership of a $196,143 tax bill and a structure that could cost taxpayers even more if the deal goes bad and the city must tear it down.

"We could either do a rezoning or do a public-private partnership," Corgan explained in a follow-up email. "These are the options we have come up with in order to resolve the zoning problem we have and keep moving. We have not submitted a proposed contract. Perhaps that is what the city would like from us? Our approach has been focused on what the city would prefer, we want to be accommodating."

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