The Fresno landscape contractor who spent much of the year fixing up the baseball-softball fields at Granite Park has been given the heave-ho from the central Fresno entertainment-recreation project.
But, Larry Sellers vows, he'll carry on in a new venue - Fresno County Superior Court. He says he's owed $127,000 for his labors and was unfairly denied access to the fields, and he plans to sue the city of Fresno to get satisfaction on both counts.
City officials say Sellers' beef is with the former Granite Park developer, not City Hall. They say the city almost certainly will take control of the fields in the near future, and Sellers' unauthorized presence on them prevents city consultants from assessing the fields' condition.
Sellers last winter cut a deal with Granite Park Kids Foundation to operate the foundation's three major-league replica ballparks: Fenway Park, Wrigley Field and AT&T Park. The foundation owns 18 acres of ballfields at the 42-acre project about one mile south of California State University, Fresno.
The foundation had run into cash-flow problems, and the three ballparks fell into disrepair. By mid-April, Sellers had two of the fields back in shape and several leagues playing games through much of the week. He planned to continue operations this year until at least November.
But on Oct. 13, Sellers says, city officials showed up at the fields and removed his locks on gates, batting cages and the snack bar. He says the city installed its own locks, and refused to give him copies of the keys.
The playoffs for two church leagues were scheduled to go through Sunday, but have been canceled. Sellers says he's out of business.
Since its birth nearly seven years ago, almost nothing about Granite Park has been simple, and this latest twist is no exception.
Assistant city manager Bruce Rudd says Sellers is a hard-working, well-intentioned man who got involved in a complex financial and legal dispute that may be too big for him.
The foundation is all but bankrupt and almost certainly will lose the 18 acres to the city. The City Council in December 2004 agreed to guarantee a $5.1 million bank loan to the foundation, with the 18 acres as collateral. The foundation fell behind on payments and the city recently paid off the loan. City officials said they're leaving the property in the foundation's possession until the city can take title free of legal problems.
Rudd says city consultants are working on plans for the property. They can't determine what's on the property, and what needs fixing, with someone else's locks on the gates, Rudd says.
Milt Barbis, Granite Park's original developer who remains a foundation official, gave the city permission to remove Sellers' locks and replace them with city locks, Rudd says. The city first went through Barbis in an unsuccessful effort to get Sellers' keys, Rudd says.
Barbis told city officials that Sellers' agreement with the foundation is void because Sellers violated its terms, Rudd says.
Rudd didn't go into specifics, but Sellers acknowledges Barbis alleges their contract has been broken.
For example, their deal requires Sellers to make payments on the bank loan when the ballfields turn a profit. Sellers says he never made a payment because the fields' expenses always exceeded revenues. Sellers says his inability to make a bank payment is cited by Barbis as a violation of their deal.
The Bee was unable to contact Barbis.
"Larry Sellers is a nice guy," Rudd says. "My heart goes out to him because he did put a lot of time and labor into this. But, like a lot of other people, he just ended up on the short end of the stick on this ordeal."
Sellers says he plans to sue the city because his two-year contract with the foundation remains valid. The deal essentially gave Sellers a free hand in rejuvenating and marketing the fields, but required him to pay all bills.
According to a mechanic's lien filed against the foundation last month, Sellers alleges he is owed $127,000 for landscaping, sprinkler repairs, land-leveling, painting and other improvements. All three fields now have been repaired.
"I want some of that investment back," Sellers says. "Fair is fair."
Neither side is backing down.
Rudd says the city will continue making plans to turn the 18 acres into the recreational jewel that was a key part of the original Granite Park vision. He says the city may operate the ballfields itself, or find a private operator.
Rudd says he would consider making a deal on the $127,000 if Sellers provides the city with receipts verifying his expenditures.
A frustrated Sellers now shakes his head at how his dream is ending: "If I had to do this again, I wouldn't."
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