The Tucson Toros will play their final baseball game at Hi Corbett Field on Thursday, less than one month after the city gave the team-turned-promotions company 30 days to leave the midtown stadium.
"This is the last game, unless we can work something out with the city," Toros owner Jay Zucker said.
The city, Zucker said, "is not communicating with us."
The city first sent the Toros a notice of lease termination June24, claiming the Toros had abandoned the facility.
The independent league baseball team was mothballed this season after the addition of the Triple-A Tucson Padres at Kino Stadium, but the Toros paid stadium rent and held regularly "Thirsty Thursday" games between semi-pro teams.
In the letter, the city cited paragraph 17(d) of the lease, which declares the contract void if the club "shall voluntarily abandon the conduct of its operation at the facilities for a continuous period of 60 days during its regular season," except when caused by an act of God or forces beyond the team's control.
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If the lease is terminated for that reason, the agreement states, "the club shall be liable to the city for the payment" of user fees.
"We have (given notice to) the Toros that they are in default, and we have terminated our agreement with them," Mike Graham, city public-information officer, said in a statement.
The stadium could have a new occupant soon. The Arizona Wildcats baseball team is interested in leaving campus and playing at Hi Corbett next season.
"We do not have an agreement with the UA," Graham said, "but have had discussions with them."
Toros general manager Sean Smock said the group met with the city April 6 to discuss a lease modification - paying more of a flat fee than a sliding scale.
"We thought we had agreed to that," he said.
The Toros met with the city "on several occasions" since the end of last season, Smock said.
"At no point did they make reference that (Thirsty Thursdays) did not count as games," he said.
The Toros' lease, agreed to Oct. 17, 2008, for five years with two five-year options, included:
• A revenue-sharing plan. The city received between 3 and 10 percent of gross ticket sales, depending on attendance, and between 3 and 8 percent of concession sales, based on the amount sold, during baseball games.
• Non-exclusive use. The lease gave the team non-exclusive use of the stadium between, roughly, May 15 and Sept. 15.
• Rent. The Toros rented office space and, from the end of spring training to Dec. 1, merchandising operations. The club paid for utilities, a tarp, cleanup and custodial services, concession equipment and lighting. Monthly bills were to be paid within 15 days.
• A letter of credit. The contract included, payable by April 1, 2009, an irrevocable letter of credit for $30,000.
Smock said Friday the Toros paid the city, in total, about $75,000 after their first season, in 2009, and "just under that" in 2010.
Zucker - who will continue his Toros Clubhouse Fitness and event-planning brands - said the team has paid "significantly lower" fees so far this season, in part because of lower attendance.
For one last night, Thursday, the Toros will be run by co-managers Tim Johnson and Jose Canseco.
Johnson managed the Toros in 2009 and 2010.
Canseco, a former American League MVP whose book about baseball steroid use was released in 2005, manages the independent Yuma Scorpions.
