Does Oakland Coliseum City ENA Holder Floyd Kephart’s New City Development LLC Exist? – Video

UPDATE: Floyd Kephart’s New City Development LLC For Coliseum City Active Business Entity

Does Oakland Coliseum City ENA Holder Floyd Kephart’s New City Development LLC Exist? – Video

Does Oakland Coliseum City ENA Holder Floyd Kephart’s New City Development LLC Exist?

For over a year to date, the new stadium fortunes of Oakland Raiders and Oakland A’s (and to some extent Golden State Warriors Fans), have rested in how negotiations between the City of Oakland, the County of Alameda, the sports teams and their leagues, have progressed, and plans formed by, a group directed by a man named Floyd Kephart, and of New City Development LLC.

Now, the Exclusive Negotiating Agreement document that is between The City of Oakland, County of Alameda, includes language that implies the existence of an actual “ New City Development LLC” that has Floyd Kephart’s name attached to it. That means we should expect to see evidence of a filing of articles of incorporation with a state. Mr. Kephart writes that his “New City Development LLC” is care of his other corporation called The Renaissance Companies, and leaves an address at 16428 Via de la Valle, Racho Santa Fe, California, 92067.

Have a look:

Coliseum City ENA With Alameda County, City of Oakland, New City Development LLC by Zennie Abraham

But when I looked for any evidence of a “New City Development LLC” by Floyd Kephart, the Corporate Wiki listed nothing. Kephart writes that his New City Development LLC is a delaware limited liability company. Fine. But when I go to search for “New City Development” in the Delaware corporations database, I got nothing.

By contrast, my company, Sports Business Simulations, was created as a delaware corporation in 2003 and a listing for it still exists in the same Delaware corporations database.

In my search, I did find Mr. Kephart’s The Renaissance Companies listed in the Corporate Wiki, but with a Las Vegas address, not a California one. Moreover, while the name “New City Development LLC” is common to use, that does not mean one is allowed to just write it down; you have to prove you actually created the company.

Mr. Kephart’s writing that New City Development LLC is in care of his The Renaissance Companies with respect to the ENA is a violation of language in the very same ENA against “assignments”, where it reads “NO ASSIGNMENT: This Agreement is personal to New City and is not assignable to any other person or entity without the prior written consent of the City and the County, which consent shall be in the sole discretion of the City and the County. Any attempt to assign this Agreement or any part of the Agreement without the prior written consent of the City and the County shall constitute a breach of this Agreement and shall be void and of no force and effect”

In other words, Mr. Kephart can’t say ‘Well, New City is represented by The Renaissance Companies” because the ENA forbids that.

When I brought this issue to the attention of one City of Oakland official I will not name, that person said “Well, that name was just until he (Kephart) got the deal (development agreement). But the ENA itself prohibits that. Moreover, it’s completely unfair to other groups who may have submitted ideas and are equally deserving of ENA status.

In the interest of full disclosure, Oakland Raiders Owner Mark Davis has invited me to submit a proposal for Coliseum City and did so in the witness of my friend Mike Silver, of NFL Network. My idea is for the Oakland-Alameda County Coliseum Joint Powers Authority to be the master developer, although that’s not the only item by far, and I’ve worked out the spreadsheet numbers, and now have a developer and others involved. This is not for me, but to save the Raiders in Oakland. I’m really miffed that this entire process has reached the point of civic embarrassment by the National Football League – something has to be done. Oakland must regain its ability to do big projects. Mr. Davis opened the door for me to do something and the ENA language allowed him to do so.

It was during my homework session that I discovered this problem with Mr. Kephart’s New City Development LLC. I’ve brought it to the attention of relevant City and County officials and they are acting fast in checking this out.

Personally, I think this is a problem borne of sloppy document preparation and homework. If this has been the case for the entire time Kephart’s held the ENA, then he has been working in default all the time. I don’t think he knew that, but someone did, and it should be fixed. On the other hand, one person who knows Mr. Kephart told me that “he did that (set up of) New City Development LLC specifically for Coliseum City and only for Coliseum City.”

If that’s the case, it appears Kephart didn’t do it the right way.

According to the ENA, the City and County have to notify Kephart of the problem in a timely fashion and then he has 20 days to fix it.

Stay tuned.
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