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IBC Set Town New Payment Schedule
IBC Set Town New Payment Schedule
Tuesday, 11th Oct 2011 23:49

Town were given until December 31st to agree to a new payment schedule regarding the back rent they owe on Portman Road at Ipswich Borough Council’s executive meeting on Tuesday evening. The new proposals would see the club begin repaying the £654,702 due to IBC from June 1st 2012 in quarterly payments over four years, or in its entirety within three months of promotion to the Premier League.

In March, it was revealed that the annual rent on the land on which the Portman Road stadium stands had jumped by 643% from £15,000 to £111,500 backdated to 2004, the council having initially targeted a rise to £250,000.

While Town have paid the new sum since the rent review was carried out last year, the club has dug its heels in regarding the additional £654,702 owed from the period back to 2004 when the rent review was initially due, an independent arbitrator having set the new figure, a process which cost the Blues £98,500.

At the executive meeting, Town chief executive Simon Clegg put the club’s case, arguing that IBC’s former chief executive James Hehir, who died in November 2009, had made a verbal agreement regarding the issue of back rent with Marcus Evans: “We do accept that legally the council can seek back rent, not only to the time that the rent review was initiated on November 12th 2007, but to the time when it could have been initiated on June 1st 2004.

“But we believe that to try and claw back monies from before the arbitration outcome is inappropriate and to further attempt to claw back monies from before the initiation of the review immoral.

“The basis of our position is commitments given to Marcus Evans, the owner of the football club, by your previous chief executive, the late James Hehir.

“He specifically made it clear that the council would not seek any back rent, whatever the outcome of the arbitration process.

“James Hehir also articulated such a position at separate meetings with the Marcus Evans Group finance and legal directors and my own predecessor Derek Bowden.”

Clegg says that this position has been backed up by those both within the club and the council at the time but current IBC chief executive Russell Williams said he could find no evidence of such an agreement: “While James met the club at various stages, there is nothing in writing to suggest the alleged statements or commitments were made.

“Secondly, I have spoken to a number of people at the council, everybody I could think of that James could realistically have spoken to about this subject, and they have all confirmed that he did not tell them about any such statements.


“Thirdly, none of the council officers who knew James well, and I include myself in that, can imagine he would have given such a commitment in the manner suggested.

“This position is based in part at least on the fact that he was a very experienced chief executive, who would know that he didn’t have the authority to make such a commitment.”

The Blues chief executive also felt that the timing of the decision to review the rent in November 2007 - three-and-a-half years after it was due — being so near to Marcus Evans’s takeover might lead to speculation regarding what might have triggered it: “The initiation of the rent review occurred only four weeks after the public notification that Marcus Evans was going to acquire the football club. Timing which may lead some people to suggest that this was somewhat opportunistic.”

Leader of the Council David Ellesmere argued otherwise: “The lease which was signed pre-dates the current owner’s involvement in the club by quite some years so is not something which has been put in as a result of the change of ownership.”

Clegg believes the club shouldn’t be treated as just another company by IBC given its unique position in the town: “A jointly prepared Ipswich Borough Council and Ipswich Town Football Club paper produced in 2006 estimated that the economic benefit of Premier League football to be in the region of £50 million per annum to this local community.

“I cannot think of any other organisation in Ipswich which would have that effect on local business, not to mention the unquantifiable sense of pride that would be felt by everyone associated with this great town.

“It is too easy, particularly in the current economic climate, for Ipswich Borough Council to simply treat the football club as any other business.

“That view, in my opinion, is short-sighted and naïve. We should be seen as a community asset, something we as a club pride ourselves in, and as a promotional vehicle for local business. Success by the football club will deliver far greater benefits to this town than any other initiative.”

Clegg hopes the two parties won't end up facing one another in court: “A decision to legally pursue this matter will have far-reaching and long-term ramifications for the relationship between the council and what I would suggest is one of this town’s greatest assets and institutions.”

But David Ellesmere says IBC is in no position to treat Town differently from other businesses: “[Writing off the debt] would put a big financial hole in the council’s budget, it would be the equivalent to a 5% surcharge increasing Council Tax on all Council Tax payers in Ipswich or would lead to large scale redundancies or cuts in services and I don’t think we can agree to that.”

Town had previously offered to pay the back rent only on promotion to the Premier League but Ellesmere said that that would amount to much the same thing: “Any payment which is contingent on a certain event not in the council’s control would effectively amount to writing off that debt.”

Councillor Sandy Martin added that in any case IBC couldn’t write off the debt even if it was minded to: “We’re not legally allowed to do so under EC competition rules.”

Speaking after the meeting, Clegg said Town, who require a significant subsidy from Marcus Evans each season to cover losses, will assess where to go next and doesn’t rule out season ticket price increases next season: “I want time to go away and consider this.

"I’ve made it very clear what the owner’s position is and the financial position of the football club — we’re not in the position to pay this at this moment in time.

“We’re totally dependent on the ongoing support of Marcus Evans to keep the football club solvent and one of the other alternatives is to hit the season ticket holders. But I don’t want to do that, they’ve seen a significant increase in price this season as it is.

“We’re in very difficult economic times. You can’t constantly be going back to the season ticket holders, which was why we held season ticket prices stable for four years until the price increase that we had to impose on them this year as a result of the increase in rent going forward.

“I’m not looking to run scare stories,” he added. “I just want the council to be very aware that we’ll have to look at every option if they continue to pursue this.

“But they’ve given us a get-out clause — promotion this season. In the context of things, I would be very happy to write that cheque.”

Council leader Ellesmere says IBC would not seek to damage Town’s promotion prospects even if the Blues fail to agree to the new payment schedule: “If the club continues to refuse to pay what it owes and we do need to proceed to a winding-up order, we would not take the final steps to place the club into administration [which would lead to a 10-point deduction] until after the end of the season.”

A winding-up order would also be the result if Town agreed to the schedule and subsequently defaulted on payments.

The council also confirmed that it would not pursue any increase at this year’s rent review, while no further interest would accrue once the club agree to the schedule no further interest will be added.

Photo: Action Images / Matthew Childs


Photo: Action Images



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Marcus added 00:33 - Oct 12
I don't see how £41,000 four times a year will bankrupt the club...
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62WasBest added 00:52 - Oct 12
Though one can understand both the postion of the club and that of the council the latter has legal constraints on what it can and cannot do, explained well in the article above, even though the end result may be to the detriment of both parties. It may well be that in the long term the club may have to try to find a site outside of the borough if the relationship sours any further. Again, that would probably mean the fans suffering again as it would with further hikes in season ticket prices. I'd like to know why the rent is so high if the land can only be used for recreational purposes as has been suggested. I'd also like to know if some sort of formula is used to assess this and if that cannot re-evaluated, by way of a solution even though the matter has previously gone to arbitration.
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Fatboy added 03:27 - Oct 12
Don't want to be a pedant, but £15,000 to £111,500 is an increase of 643%, not 743%. Things are never as bad as they seem!
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itfc1981 added 07:35 - Oct 12
Pants on fire
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blueoff added 07:35 - Oct 12
Ipswich Town football club is the one shining light in an otherwise dire area & the council should be grateful it's there. On the doorstep is soaring crime with muggings & drug dealing rife but they council & police won't admit to that, oh no! That wouldn't fit in with the glossy image the council try and portray. Just take any road out from the stadium, London rd, Norwich rd, wherestead rd, & they all have stories of recent sexual assaults & vicious attacks in a Town dripping in drugs. I would say to the Council to get your priorities in order before you start biting the hand that feeds you !.
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oddball added 08:14 - Oct 12
Blueoff- what on earth are you talking about, stick to the subject matter.
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commuterblue added 08:28 - Oct 12
A number of things I don't understand:
1) Why, if the council wanted this backdated wasn't this discussed as part of the independent arbirtration?
2) Which article EC competition law does the councillor think prohibits this? THe only thing close I can think of is state aid, which would be very hard to construe this as.
3) Why have we indicated we would pay this if promoted? I can't see they have a case, either against ITFC, or any other business. Saying so only strengthens their argument that somehow they're entitled to it.
4) Why do we accept that the council can allow this to be backdated? I really don't understand this!
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PhilTWTD added 08:41 - Oct 12
CommuterBlue

State aid was the aspect of EC competition law cited.
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KenDubZ added 08:42 - Oct 12
Marcus that's 100000+ a month...
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KenDubZ added 08:43 - Oct 12
Marcus that's 100000+ a month...
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CleggsClangers added 08:47 - Oct 12
Fatboy-top marks for the morning.A+
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CleggsClangers added 09:09 - Oct 12
I can see the IBC side of the argument. If the lease has a clause which triggers a rent review and we as a Company signed and agreed those terms, I fail to see the problem other than the 643.333% increase which the IBC had argued should have been double that. ITFC can simply afford the repayment terms and will no doubt do so. Additionally, I suspect they will purchase the freehold.
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JimboBlue added 09:24 - Oct 12
The rent review clause in the lease will provide for back dating of the uplift to the date of review - its standard. And its almost impossible (in reality) to appeal an arbitrator's award. Sadly, town are stuck with it.
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algarvefan added 09:39 - Oct 12
Quarterly payments over 4 years it is then lol
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Marshalls_Mullet added 09:51 - Oct 12
Commuter blue;

1) Why, if the council wanted this backdated wasn't this discussed as part of the independent arbirtration? THIS MAY NOT HAVE BEEN WITHIN THE REMIT OF THE ARBITRATION, IT MAY WELL HAVE SIMPLY BEEN TO DECIDE THE MARKET RENT.

2) Which article EC competition law does the councillor think prohibits this? THe only thing close I can think of is state aid, which would be very hard to construe this as. YES, STATE AID. SIMILAR ISSUE TO WEST HAM AND THE OLYMPIC STADIUM.

3) Why have we indicated we would pay this if promoted? I can't see they have a case, either against ITFC, or any other business. Saying so only strengthens their argument that somehow they're entitled to it. SEEMS THAT THEY HAVE JUST SAID IT WILL BE PAID LUMP SUM IF PROMOTED. I AGREE THOUGH, DOESNT HELP TOWNS CASE.

4) Why do we accept that the council can allow this to be backdated? I really don't understand this! THIS WILL BE DICTATED BY THE TERMS OF THE LEASE, IT IS COMMON PRACTICE THAT THE RENT AWARDED AT REVIEW CAN BE BACK DATED.

C'mon Town, just bl00dy pay up.
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PhilTWTD added 10:00 - Oct 12
Fatboy

Good spot. That figure had previously and widely been quoted and I didn't think to check it.
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bobble added 10:29 - Oct 12
the wallabies by 10+ and town 2 Cardiff 0........councils should be banned we have a government we elected, to run things. oh and france by 6
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Daleyitfc added 10:47 - Oct 12
"...councils should be banned we have a government we elected, to run things"

As opposed to the council which is ... oh, hold on, "elected" as well. And much more in tune with local issues than public school Oxbridge elitists in Westminster.
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nitroblue1970 added 12:01 - Oct 12
cant see the problem..just pay up..if we can "afford" to pay millions for players such as Priskin, Scotland, Edwards and Leadbitter we can afford to pay the council this back rent..surely securing the playing area and stadium is more of a priority and Im sure the council have noticed the 8m sale of connor!..utterly pointless and stupid arguement and the good name of the club is being ruined.....
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BlueVelvet added 12:36 - Oct 12
I posted on TWTD on 6 Oct the following,

"What on earth have IBC being playing at - £15k per year - what a bunch of shop keepers you are, get real you should have been charging a real rate of rent for years - wake up IBC and smell the money, you,ve let council tax payers down, was it because the late CEO had very close with old boys of itfc?"

At one point it was alleged that the CEO had in his office a flip chart on a stand with a copy of the Evening Star with front page headlines of ITFC o it, and a blue a white town scarf draped over the stand as well. He was a keen town supporter and season ticket holder, one is bound to have certain inclinations.
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murfoid added 13:39 - Oct 12
Secretive billionaire stroking in his white cat in his tax haven vs democratically elected council providing essential services for local people - I know which side I'm on.

Shame on you (what remains) of Ipswich Town FC.
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JimboBlue added 14:09 - Oct 12
@commuter blue and Marshalls Mullett

The arbitrator has no jurisdiction over the alleged agreement between Town and IBC that back dated rent would not be payable / collected. ITFC would now have to issue a separate estoppel claim alleging that the back dated rent is not payable because of the agreement reached between the parties.
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JimboBlue added 14:14 - Oct 12
@ commuter blue and Marshalls Mullett

The arbitrator has no jurisdiction on the agreement allegedly reached between ITFC and IBC. He / she is there to decide what the market rent should be and nothing more.

If Town wanted to pursue the agreement not to charge back dated rent issue, they would need to bring a separate estoppel claim against the council.
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TractorRoyNo1 added 15:54 - Oct 12
sounds like the council are being pretty fair
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CardinalRansome added 15:57 - Oct 12
The Club should pay whats due. £111,000 a year relative to a £15m turnover when the yearly bill is represented by what a months salary to the midfield costs.

What should the council do otherwise, sack more people because the club is crying that it is hard up yet continues to pay excessive wages to overpaid players.
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