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| Quote ="Kosh"Because a tenancy agreement is with the owner, not the appointed operator. And because it was published at the time of the move. And several times since.
It's a 25 year lease BTW.
The SMC operates the stadium on behalf of the council. They have no legal right over it nor over the tenants. If the went bust tomorrow it would have zero impact on our right to use the stadium.'"
A tenancy agreement can be with anyone who has a legal right to use/occupy property. Have you never heard of sub letting?
I don't know either way, but there is every chance that the club have a tenancy agreement with the SMC unless someone has actually had sight of the document. The fact that the SMC have allegedly varied the rental agreement would lead me to think that it may well be them who hold the original lease
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| Quote ="Kosh"The SMC do not own the stadium. It's no more an asset of theirs than it is ours - it could not be seized by creditors.
The SMC are indeed an independent commercial organisation - I didn't mean to give the impression that they somehow worked for the council. The terms of the Head Lease they were granted, however, contains some provisions regarding the generation of revenue and use of the stadium. There are also covenants that apply to the use of the site.
At the end of the day if the SMC goes belly-up then the Head Lease reverts to the council. They will then either have to run the KC themselves or sell the Head Lease to another SMC-type company to do the job.'"
Looks like the worm's blown your theory out of the water. The lease is an asset of the SMC and, as such, may possibly be sold on. there could (and probably are) clauses to restrict this. there is certainly significant commercial value in the lease so there would likely be prospective buyers of the SMC if it were put into receivership
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| Quote ="Jake the Peg"Looks like the worm's blown your theory out of the water. The lease is an asset of the SMC and, as such, may possibly be sold on. there could (and probably are) clauses to restrict this. there is certainly significant commercial value in the lease so there would likely be prospective buyers of the SMC if it were put into receivership'"
Is it? Wouldn't that depend on whether they bought it outright or had a staged payment/continuing payment arrangement?
In any case it doesn't materially affect FC's exposure.
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| Quote ="Jake the Peg"A tenancy agreement can be with anyone who has a legal right to use/occupy property. Have you never heard of sub letting?
I don't know either way, but there is every chance that the club have a tenancy agreement with the SMC unless someone has actually had sight of the document. The fact that the SMC have allegedly varied the rental agreement would lead me to think that it may well be them who hold the original lease'"
In this particular case the Head Lease and sub leases were set up at the same time with a very well defined set of criteria. The SMC (or whoever else holds the Head Lease) has very limited scope for alteration of the terms of the sub leases.
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| Quote ="Kosh"Is it? Wouldn't that depend on whether they bought it outright or had a staged payment/continuing payment arrangement?
In any case it doesn't materially affect FC's exposure.'"
Of course a lease is an asset. Do you have any understanding of leasehold property?
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| Quote ="Kosh"In this particular case the Head Lease and sub leases were set up at the same time with a very well defined set of criteria. The SMC (or whoever else holds the Head Lease) has very limited scope for alteration of the terms of the sub leases.'"
You're backtracking quicker than a french tank
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| [url=http://www.thisishullandeastriding.co.uk/news/HULL-CITY-Tigers-hit-claims-club-finances/article-1344374-detail/article.htmlWhat a shame for the ill informed football haters[/url
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| Quote ="Jake the Peg"Of course a lease is an asset. Do you have any understanding of leasehold property?'"
Only a very basic understanding. I would have thought that a lease is an asset if you own it outright but not if it is purchased under staged payments. I could be wrong, which is why I phrased it as a question and not a statement.
The SMC make payments to the council from the proceeds of running the KC. Whether these count as ongoing payment for the lease or are covered under a condition of the lease I don't know.
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| All rivalry aside I can't see how anything that relates to any financial irregularities by the SMC and or Hull City Football Club would have any implications to Hull FC.
There maybe a period of uncertainty and if another management team is installed but perhaps this could be considered a positive if a new 'rugby friendly regime' is adopted.
However there may be much ado about nothing until anything concrete is founded - Best scenario may be a new SMC anyway!
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| Quote ="Mrs Barista""As Chairman of the SMC my decision is final with regard to the running of the Stadium, including what events do or do not take place. There is no complaints procedure"
I don't normally resort to name-calling, but, seriously, what a to$$er. "My decision is final" - 95% of "events" are covered by the original agreement anyway, so talk about bigging your part up.
'"
I must admit if I received a letter telling me I "appear to be labouring under the misapprehension" about something and referring to "outposts of the Hull Civic empire" I'd not be happy. Just having money and a nice job doesn't exclude you from using common courtesy in a letter. He just comes across as a tit from that.
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| Quote ="Standee"[url=http://www.thisishullandeastriding.co.uk/news/HULL-CITY-Tigers-hit-claims-club-finances/article-1344374-detail/article.htmlWhat a shame for the ill informed football haters[/url'"
Whilst you may be convinced by that article, it would appear that it has done little to ease the worries of quite a few city supporters who appear to be far from ill informed. (See BBC 606 site for City)
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| Quote ="Chris28"I must admit if I received a letter telling me I "appear to be labouring under the misapprehension" about something and referring to "outposts of the Hull Civic empire" I'd not be happy. Just having money and a nice job doesn't exclude you from using common courtesy in a letter. He just comes across as a tit from that.'"
Not a fadge?
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| Quote ="Basil Fawlty"All rivalry aside I can't see how anything that relates to any financial irregularities by the SMC and or Hull City Football Club would have any implications to Hull FC.
There maybe a period of uncertainty and if another management team is installed but perhaps this could be considered a positive if a new 'rugby friendly regime' is adopted.
However there may be much ado about nothing until anything concrete is founded - Best scenario may be a new SMC anyway!
'"
I vote for Basil to be put in charge of the SMC!
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| Quote ="Uffa1964"Not a fadge?'"
Oh yeah - forgot the word of the week!
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| Quote ="Uffa1964"Whilst you may be convinced by that article, it would appear that it has done little to ease the worries of quite a few city supporters who appear to be far from ill informed. (See BBC 606 site for City)'"
I'm convinced by an independent audit by Deloitte's, certainly as far as the football club is concerned. I also know enough about corporate finance to know that they wouldn't get away with moving money between related business entities without it being transparent.
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| Easiest way for City and Duffen to put these stories to bed is to issue the accounts, simple.
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| Quote ="WormInHand"Not so sure about this. I wrote to Duffen at the time of the RL Test match refusal to stress I considered the stadium to be a public facility and the SMC therefore obliged to service the needs of the whole community not just it's own footballing interests. I wrote asking for their complaints process so I could formally raise my concerns and know the timescales for a response and which independent watchdog to approach if I was not happy with the outcome.
This is an excerpt from the reply I received from Paul Duffen himself:
"You appear to be labouring under the misapprehension that the Superstadium Management Company Ltd (SMC) is some outpost of the Hull Civic empire. It is not. The SMC is a private commercial company which amongst other assets owns the Head Lease to the KC Stadium and surrounding land. As Chairman of the SMC my decision is final with regard to the running of the Stadium, including what events do or do not take place. There is no complaints procedure"
I took it that "owning the lease" would mean the SMC are under no control of the council and do not "run the stadium" for them, it is a business purely for their own profit and benefit.
Their only other obligation is to the two tenants - Hull City, an independent company run by the same people and Hull FC. Without knowing the clauses that were drawn up within the original agreement when the council sold the lease to the SMC I don't even know if the council would have the right to reclaim the stadium or would the rights be passed to their (the SMC's) creditors?
'"
What an 'up his own back side, Wanger' he sounds !!
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| Quote ="Smiggs"Easiest way for City and Duffen to put these stories to bed is to issue the accounts, simple.'"
Which they will do once the auditors are happy, as they have already said.
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| As a regular poster on here once said, "[ithings could get messy[/i".
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| I can't understand why everyone is getting so worked up about this.
The stadium is leased by the council to the SMC.
The lease will provide (as all leases do) that in the event of SMC's insolvency the lease will revert to the council.
The council would then have to operate the stadium itself (as some local authorities do) or appoint another operator.
The demise of the SMC or indeed Hull City would not threaten FC.
Personally I wish Duffen would just file the damned accounts so this boring thread can end.
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| Quote ="Nobeerineasthull"I can't understand why everyone is getting so worked up about this.
The stadium is leased by the council to the SMC.
The lease will provide (as all leases do) that in the event of SMC's insolvency the lease will revert to the council.
The council would then have to operate the stadium itself (as some local authorities do) or appoint another operator.
The demise of the SMC or indeed Hull City would not threaten FC.
Personally I wish Duffen would just file the damned accounts so this boring thread can end.'"
Calm down it's only a thread!
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| Quote ="Nobeerineasthull"I can't understand why everyone is getting so worked up about this.
The stadium is leased by the council to the SMC.
The lease will provide (as all leases do) that in the event of SMC's insolvency the lease will revert to the council.
The council would then have to operate the stadium itself (as some local authorities do) or appoint another operator.
The demise of the SMC or indeed Hull City would not threaten FC.
Personally I wish Duffen would just file the damned accounts so this boring thread can end.'"
It's only been on here 24 hours, calm down
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| Quote ="Smiggs"It's only been on here 24 hours, calm down'"
Don't let him see the threads on Cooke or "Joynt's voluntary tackle"
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| Quote ="Nobeerineasthull"The stadium is leased by the council to the SMC.
The lease will provide (as all leases do) that in the event of SMC's insolvency the lease will revert to the council.
The council would then have to operate the stadium itself (as some local authorities do) or appoint another operator.
The demise of the SMC or indeed Hull City would not threaten FC.'"
That was my understanding of the situation. However, JTP has raised the possibility of the lease being counted as an asset of the SMC in any insolvency action and TBH I have no idea if that might be correct or not.
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| Quote ="Mrs Barista"Says in the accounts of the SMC:
"The directors consider The Hull City Association Football Club (Tigers) Limited to be a related party by virtue of common control. " ie owned by the same people.
The SMC is 100% owned by Superstadium Holdings Limited, which in turn is 100% owned by Russell Bartlett.'"
Ah, ok then
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