Friday, June 21, 2024

Smith-Wills Update: Rent? What Rent?

Was Jackson short-changed more than $500,000 on the Smith-Wills Stadium lease?  Tim Bennett's Kusche Sports Group is supposed to pay the city at least $125,000 per year but since this is Jackson, he has only paid $32,500, a mere drop in the rent bucket.  

 The Jackson City Council unanimously approved Kusche's contract on April 30, 2019 although Councilmen Kenneth Stokes and De'Keither Stamps stepped out of the Council meeting before the vote took place.  Biloxi Shuckers part-owner Tim Bennett owns Kusche.  

The contract states Kusche Sports Group will pay Jackson the greater of $125,000 or 20% of all "gross marketing revenue" generated at Smith-Wills every October 1. This payment has a cap of $250,000. Gross marketing revenue" is not defined in the contract.  

The annual payments were scheduled to begin on October 1, 2020.  Other significant terms of the lease are: 

* Kusche must pay the city 30% of all revenue on ticketed and non-ticketed sales gate events, starting on September 1, 2019.  This clause includes concessions. 

* Annual audits must be presented to the city. 

* Kusche "shall" invest $6 million within the first year of the contract. 

* A $5 million performance bond must be filed with the city.  

* The lease includes the parking areas. 

* Kusche can negotiate subleases with anyone having a sublease with previous management.  The company can also enter into new subleases if the current tenants (at time of contract) leave. (p.5, Section 3). However, it does not give Kusche the authority to enter into new subleases if the premises to be leased did not have a prior sublease.  

* The city is responsible for repairs and maintenance (Does not include the stadium grounds such as the field).

* The contract has a term of twenty years with the option to renew for two ten-year terms.  

Thus, at a minimum, Kusche should have paid the city of Jackson at least $125,000 in 2020, 2021, 2022, and 2023.  4 x $125,000 = $500,000.  However, Kusche never paid the annual rent since the contract was approved. 


 JJ obtained a list of all payments received from Kusche, Tim Bennett, or Overtime Sports (another Bennett company)through a public records request .   Kusche paid a grand whopping total of $32,500 to the city of Jackson since January 1, 2020.  The city's response states: 

 

Kusche has never paid the minimum $125,000 annual payment required under its lease agreement.  

Bennett can't claim he is not making enough revenue at Smith-Wills to pay his rent. Kusche also receives $370,000 a year for subleasing the Smith-Wills Stadium parking lot to the Veterans Administration.  JJ reported on May 24: 

The contract states the VA is leasing the parking lot at Smith-Wills from Kusche Sports Group, LLC.  The company is in Pearl and owned by Tim Bennett.  

The contract term is $5.5 million for 15 years.  


The Jackson-Kusche lease is rather ambiguous on what fees are owed to the city of Jackson for the subleasing of the parking lot.  The stadium also houses The Smoke Shoppe, a cigar bar.  However, Mr. Bennett said it will close at the end of the month. 

The stadium has been the site of some controversy lately.  The state owns the property but leased Smith-Wills to the city of Jackson decades ago for "park purposes."  The legislature passed a bill earlier this year that returns control of the stadium back to the state if the city violates the terms of the lease. Supporters of the bill argue the cigar bar and parking lot sublease are not "park purposes."

* This is the relevant clause for annual rent payments. 

 



Kingfish note: Several questions must be asked. 

1. Why hasn't the city tried to collect the lease payments? 

2.  Why hasn't the city tried to recover against the performance bond? 

3. Has Kusche provided audits to the city? 

4. Did Kusche submit a copy of its performance bond to the city? 



70 comments:

Anonymous said...

FK, I can answer all your questions in one simple sentence:

Its because the city of Jackson administration is ran by a bunch of morons.

Anonymous said...

The balance due was used to purchase "grease." Right?

Anonymous said...

Can someone explain to me why the VA is subleasing the parking lot for $370,000 ? I'm all ears.

Anonymous said...

Just so we're clear this is the same Tim Bennett who filed a racial discrimination lawsuit against Biloxi Shuckers in 2022, correct?

https://jacksonadvocateonline.com/tim-bennett-files-federal-racial-discrimination-lawsuit-against-biloxi-shuckers-president/

Clay Edwards said...

So in theory, the VA could have just subleased the entire property for $125K per year and only been responsible for cutting the field grass?

Anonymous said...

Great work, KF.

Anonymous said...

I suspect that he was paying more, but the payments were being made directly to elected officials.

Anonymous said...

More information for the FBI.

Anonymous said...

And that my friends, is complete and total incompetence by this City's administration led by the amazing Chokwe Lumumba.

Jackson getting paid might be falling through the cracks for some reason said...

Do we actually know there is a performance bond to collect from?

Just because the contract says there is to be a performance bond does not necessarily mean there is a performance bond. Just as the contract says various payments were supposed to have been made which apparently were not made as well.

No comment on the consistently excellent conjugation of the verb deposit ("a check was deposit from Kuche") in the response.

Anonymous said...

I'll just day that I trust Tim Bennett all day long over Chockwe Antar Lumumba and his administration!

Anonymous said...

Somebody is ALWAYS GETTING PAID!

If the City of JAckson isn't getting paid, then who is?

If nobody is getting paid then Kusche Sports Group is getting paid.

The sums involved appear to be FELONY sums.

Who?

What?

Where?

When?

Why?

How?

Anonymous said...

Leasing low and subleasing high is the American way!

Clay Edwards said...

Meanwhile, the City of Jackson - Government is worried about moving the Andrew Jackson statue while not even having the ability to collect rent on Smith Wills. The money they've failed to collect could have paid to move statue, fix a few red lights, etc

Anonymous said...

12:46 may have a one-sentence answer, but he/she cannot conjugate the verb “to run.”

Anonymous said...

The only way I can think of that the City of Jackson could be more incompetent in all this would be paying legal help to attempt to collect for non-performance against a non-existent performance bond.

Anonymous said...

I could go on and on to answer your questions in detail KF however, @12:46 hit the nail on the head ( unless Chock-a- Lock getting the $$ in a brown paper bag , Right?)
BTW- I will be shocked if a bond was ever put up- Let us know!
" Oh Shadrack- hello?"



Seriously Clark said...

I can't imagine that dump being worth $550k/year.

Anonymous said...

"This is a brand new number, gonna be out on a new album. Gonna be out in September.

It's called That Smell."


https://www.youtube.com/watch?v=hib4n9RmFrQ


Anonymous said...

It's not incompetence... it's grift! Somebody is gettin' paid. They are all in it together. Bunch of crooks

Anonymous said...

Get on it Shad (White), or are you getting a little bit of it also?

Anonymous said...

Shad won't do anything.

But he might bust the landscape architect working around the stadium.

Anonymous said...

Now that this scam is public, maybe the auditors can get on it and draw some much wanted attention. This “low hanging fruit” should be just what Shad is looking for. As usual, these people profiting from this are not quite as smart as they think.The beauty of these type scams is that those involved freely spend the stolen money buying people drinks in bars, simply to be disappointed when after arrests, they wonder where those “friends” went. I hope so, maybe every cloud has a silver lining?

Anonymous said...

There is no telling how many other things like this have not been collected on by the City of Jackson. Add this to all the uncollected water bills and whatever else hasn't been paid and you begin to see Jackson's financial demise is of it's own making.

Anonymous said...

Any word on Council getting a hold of the finances to audit the city?

Anonymous said...

You are spot on Clay Edwards- that is the BLM/Free the Land/Dr Omari and Sista way- waste city resources, scream racism while doing it in order to get rid of those statues and flags because that is the real problem - which is keeping the bigots on the plantation. It's the Chokway, way.

Anonymous said...

This all has to be by design. There's NO way all of these "oversights," non-payments, poorly-written leases, etc. could all come together in this one transaction.....unless they were intentional. As others have said, this has to be a major grift by the administration "ran" by Baby Chok and his minions. Unless the full amounts were "deposit" in other accounts, I'd say some authority(ies) need(s) to find the fire generating all this smoke!

Anonymous said...

KF, thank you for checking into this. If you don’t do it, who will?

Anonymous said...

Reminder #8,725 that there is no mechanism under Mississippi law to impeach and remove a sitting mayor.

Anonymous said...

Say what you want to say, but real estate property wanted by young married couples in the city of Jackson have become more affordable!!!!

Kingfish said...

Shad can make a city collect bills?

Anonymous said...

Add this to the list of reasons why the mayor should be fired

Anonymous said...

Attn 5:10 PM, You may not be able to “impeach” him, but you can send him to jail! I would love for him to run the capitol city from Parchman.

Anonymous said...

It amazes me that residents of Jackson won’t hire an attorney to file suit against the city/ mayor/ council for their incompetence and/ or criminal behavior.

Anonymous said...

Attn 6:51 PM, Put your money where your mouth is. If it works out, run for mayor since you are so smart.

Wake up said...

"Anonymous Anonymous said...
It amazes me that residents of Jackson won’t hire an attorney to file suit against the city/ mayor/ council for their incompetence and/ or criminal behavior.

June 21, 2024 at 6:51 PM"


I just don't understand how unaware many of you folks are. He is overwhelming popular with the vast majority of Jxn voters and he'll win reelection in the landslide. You many not agree or understand, but you should be able to "read the room" and realize that.

Anonymous said...

Someone should do a deep dive into tim Bennett's history with Smith-Wills, trust Mark Park and MGM Park ...

Anonymous said...

so long Jackson; the city of soul has lost its soul!

Anonymous said...

Not only should the powers that be look into this, but I can assure you that the IRS could enjoy looking into these individuals’ account. Thieves like these virtually always leave very traceable money trails.

Anonymous said...

KF, you wrote that the contract is $125000 OR 20% of gross revenues not AND 20% of gross revenues.

And, quite frankly, I'm more than a bit weary of the political games played in this state whether it's the mayor vs the city council or county supervisors or the state.

Good decisions are based on the best available information and the best probable outcome instead of "profit" (personal or political). Investing in the future is not a waste of money, it's essential.

And, for the record, IF we would elect qualified people to office who would actually do their due diligence, that is how decisions would be made.


Anonymous said...

840 pm, you are so wrong, but yet continue to make your claim every time something comes up on JJ regarding Chockwe. Either Sista is paying you to try to sell this bill of goods, or you work for one of those 'known' local Democratic polling firms that have constantly told us that the Dem candidate was going to win the Governor, or Senator or whatever local race.

Chockwe certainly is 'popular' with a part of the electorate of Jackson, but that group continues to get smaller every day. A credible candidate will be in the race in 2025, and he (along with you) will learn how unpopular he actually is in the City with Soul.

George Gallup said...

"He is overwhelming popular with the vast majority of Jxn voters..."

13,000 is hardly a majority. But, to replace him two things need to happen: a) a suitable alternative candidate, and b) people getting off their asses to vote.

Anonymous said...

He is overwhelming popular with the vast majority of Jxn voters and he'll win reelection in the landslide.

Nope. Rukia's loss in the Lumumba home turf House district proves it.

Anonymous said...

As long as the perception continues that he is the one responsible for all of the “support” payments, he will stay where he is. That is okay, the Jackson elected officials convinced me to move to the Madison-Ridgeland area years ago.

Anonymous said...

852 - if "a", then "b"

In 2021, there was not a credible alternative. But there will be one - or more- next year. Therefore, then 'b'!

Anonymous said...

7:39 I moved from Jackson in 2017 to Ridgeland where city government hires/elects mostly qualified staff, adopts and works within a reasonable budget & treats its citizens with respect.

Anonymous said...

Thank you, Kingfish.
I have no words for this round of incompetence. I don't believe this is a "oops". I believe this is a plan that was executed. I wish someone outside of Mississippi could investigate these things. US Attorney maybe? I don't know. It would appear that there's enough crap going on to keep several agencies busy for a while.

Anonymous said...

It is long past time for Jackson to clean up what has been going on. Virtually everyone (the tax base) who can afford to move to the “burbs” has or is planning on leaving the town. I will say something positive about Jackson. Jackson has facilitated the growth of towns in Rankin and Madison counties.

you people be dumb said...

"George Gallup said...
"He is overwhelming popular with the vast majority of Jxn voters..."

13,000 is hardly a majority. But, to replace him two things need to happen: a) a suitable alternative candidate, and b) people getting off their asses to vote.

June 22, 2024 at 8:52 AM"


In 2017, 23k of 25k total voters pulled the lever for him. in 2021, he was reelected in another landslide. So yeah, the mayor is overwhelmingly popular with Jxn voters. He'll be reelected again in another landslide. Across the US, turnout in mayoral elections is usually less than 20% of voting age residents vote.

Anonymous said...

Interesting that a man who successfully built not 1, but 2 professional baseball stadiums in Mississippi, is now a criminal?
You have got to love Mississippi.

- The same man that recruited Bass Pro Shops, SAM’s Club, Outlet Mall developers and dozens of restaurants and hotels.
- The same man that has hosted some of Mississippi’s largest events.
- The same man that has helped to create thousands of jobs.
- The same man that has hosted events at his own expense for children to play sports they love and often can’t afford.

*Interesting fact: this all is an issue, NOW that the Governor and political hacks have a legislative interest in the property?
Now…. only AFTER someone has turned a decaying relic into a thriving facility.

Mississippi will always be last in everything because it has many more pathetic pessimistic losers, than it does successful optimistic risk takers like Tim Bennett. Politicians who all are vultures preying on their citizen’s tax money, while pointing fingers at anyone that is trying to make a difference or impact.

Mr Bennett, take your things and get away from this racist politically driven cesspool of “CHRISTIANS.” BOTH side of the Aisle. They do not deserve your help, energy and heart.

Facts from reading….

1. It is completely LEGAL to lease property from a city.

2. If the lease allows, or does not prohibit, it is completely LEGAL to sublease said property. Parking lot included.

3. If the $$ has not been collected adequately, then the burden of collection is on the owner (City), not the tenant.

4. If payment in fact has not been paid, simply defaulting on a lease is not a CRIMINAL offense. It is nothing more than a breach of civil contract and the city could simply repossess said property


So for all of you keyboard warriors….. from a factual legal position, you truly sound like blithering idiots.

Anonymous said...

Interesting that a man who successfully built not 1, but 2 professional baseball stadiums in Mississippi, is now a criminal?
You have got to love Mississippi.

- The same man that recruited Bass Pro Shops, SAM’s Club, Outlet Mall developers and dozens of restaurants and hotels.
- The same man that has hosted some of Mississippi’s largest events.
- The same man that has helped to create thousands of jobs.
- The same man that has hosted events at his own expense for children to play sports they love and often can’t afford.

*Interesting fact: this all is an issue, NOW that the Governor and political hacks have a legislative interest in the property?
Now…. only AFTER someone has turned a decaying relic into a thriving facility.

Mississippi will always be last in everything because it has many more pathetic pessimistic losers, than it does successful optimistic risk takers like Tim Bennett. Politicians who all are vultures preying on their citizen’s tax money, while pointing fingers at anyone that is trying to make a difference or impact.

Mr Bennett, take your things and get away from this racist politically driven cesspool of “CHRISTIANS.” BOTH side of the Aisle. They do not deserve your help, energy and heart.

Facts from reading….

1. It is completely LEGAL to lease property from a city.

2. If the lease allows, or does not prohibit, it is completely LEGAL to sublease said property. Parking lot included.

3. If the $$ has not been collected adequately, then the burden of collection is on the owner (City), not the tenant.

4. If payment in fact has not been paid, simply defaulting on a lease is not a CRIMINAL offense. It is nothing more than a breach of civil contract and the city could simply repossess said property


So for all of you keyboard warriors….. from a factual legal position, you truly sound like blithering idiots.

Anonymous said...

Is there a lease? The council didn’t approve a contract. They approved the mayor contracting with Bennet and the terms od that contract. Is there an actual contract?

Anonymous said...

Thanks for checking in, Mr. Bennett.

Kingfish said...

Where did the post accuse him of anything illegal or use the word "criminal"?

Kingfish said...

Read that long comment again. A whole lot of hot air was expounded over what are two issues:

1. Did Mr. Bennett have a lease with Jackson?

2. If he did, where is the rent?

You say if there is a rent problem, then Jackson should collect. Why don't you ask how come Mr. Bennett is not paying the rent as he is supposed to do? Why should it take a collection action by Jackson to get what is owed?

So calling out the tenant for never paying the minimum $125,000 rent is not Christian? Seriously?

Anonymous said...

Kingfish…. This is “hot air”. Let’s keep it classy, as always. Typically if someone is posting a comment, it would assumably contain response(s) to article content, as well as the timeline of comments. Thus my comment of “Christian’s” and “Criminal”.

My response to the article was almost precisely your listed questions, plus a few. That is why I addressed this thread in 2 parts accordingly. Thank you for asking though. It was my intent to add credible facts to the conversation, while addressing the self-righteous comments that seem to always jump in without credible insight.

And yes… LEGALLY the tenant is “supposed” to pay lease payments and should accordingly, but it is the duty of the landlord to enforce and ensure it is paid.

Anonymous said...

June 23, 2024 at 3:33 PM, who are you to judge if someone is Christian, or not? It reeks of a GOD hater.

Anonymous said...

Legally, ethically, etc. Yea, the tenant is "supposed" to make payments. Are you kidding me?

"defaulting on a lease is not a CRIMINAL offense." Pretty trashy thing to do though.

Suppose to make payments and defaulting isn't criminal. Yea, let me just pull my chair away from this table because there will be no business done with you.

If you don't like that the light has been turned on, then leave the room.

Anonymous said...

Perhaps the Mayor can hire some “men” from his friend group to go and “collect” this money.

Anonymous said...

No I am not kidding you. That’s why there are laws to help enforce evictions, etc. Your emotional state and feelings do not change that fact. It is no different than someone leasing a car or a home. If you don’t pay it gets repossessed. That does not make the individual a criminal.

I love lights to be turned on. I am not a God hater at all… I serve a God that said for others not to judge, so I call a spade a spade.
However, I do believe many “Christians” love their righteous dominion and assumptions.

“Trashy to do”…. still implies passing of judgement that you know personal or business reasons as to why supposed payments were not made. Again, that’s the exact behavior I am highlighting. Thank you for the exceptional example.

Still uncertain how my statement of, yes, if the tenant has not paid the landlord it is well within their rights to repossess the property, has gone unnoticed. Emotional responses are easily combed through, especially when no basis is claimed.

My first post agreed with Kingfish that it should be looked into. I simply am contending that because there are allegations that bills were not paid, it does not immediately imply someone is a criminal.

Anonymous said...

No I am not kidding you. That’s why there are laws to help enforce evictions, etc. Your emotional state and feelings do not change that fact. It is no different than someone leasing a car or a home. If you don’t pay it gets repossessed. That does not make the individual a criminal. I am not a God hater at all… I serve a God that said for others not to judge, so I call a spade a spade.
However, I do believe many “Christians” love their righteous dominion and assumptions.

“Trashy to do”…. still implies you know personal or business reasons as to why supposed payments were not made. Again, that’s the exact behavior I am highlighting. Thank you for the exceptional example.

Still uncertain how my statement of, yes, if the tenant has not paid the landlord it is well within their rights to repossess the property, has gone unnoticed. Emotional responses are easily combed through, especially when no basis is claimed.

My first post agreed with Kingfish that it should be looked into. I simply am contending that because there are allegations that bills were not paid, it does not immediately imply someone is a criminal.

Anonymous said...

Wow. Just wow. 641 words posted and I'm emotional. Ok.

Anonymous said...

Thank you for counting the words. You have paid much closer attention to my content than the subject matter at hand. I appreciate the effort to deflect back to emotional responses. Again, if you would like to discuss facts, 5 words or 641 words, I am here for an intellectual and fact based discussion.

I believe Kingfish’s intent was to simply share the story. One that I agree should be looked in to, as it is a leased public facility. No one is refuting that fact.

Until then, I will patiently wait for a coherent response of facts.

Anonymous said...

" I am not a God hater at all… I serve a God that said for others not to judge, so I call a spade a spade"

Yet you were passing judgement, condemning even. I believe you to be a GOD hater. 50 post before yours, and none mentioned GOD. Then, when you do mention GOD, it is in an accusing, even libelous tone. You hate him.

Anonymous said...

Across the US, turnout in mayoral elections is usually less than 20% of voting age residents vote.

Link?

Anonymous said...

Maybe I do question God’s intent, lol. The more I realize the individuals he created with a limited ability to constructively communicate, discuss or disagree is comical. God may be great, but he is a comedian. I will once again revert back to my factual data points and resistance to make critical comments or responses. I simply said many “Christian’s” love to attack people they know nothing about. My comments were most certainly a RESPONSE to previous comments that attempted to condemn a man or situation they know nothing of. Your constant impulsive emotional response has certainly validated my original comments.

You have yet to discuss the actual topic; you just have continued inflammatory words and fragments of emotions in response.

Anonymous said...

Maybe I do question God’s intent, lol. The more I realize the individuals he created with a limited ability to constructively communicate, discuss or disagree is comical. God may be great, but he is a comedian. I will once again revert back to my factual data points and resistance to make critical comments or responses. I simply said many “Christian’s” love to attack people they know nothing about. My comments were most certainly a RESPONSE to previous comments that attempted to condemn a man or situation they know nothing of. Your constant impulsive emotional response has certainly validated my original comments.

You have yet to discuss the actual topic; you just have continued inflammatory words and fragments of emotions in response.

Anonymous said...

This guy was involved in the fleecing of Pearl? I understand not by himself, Rogers and his buddies at city hall had a hand in it as well, but that is a deal that I wouldn't hang my hat on.

Anonymous said...

Kingfish: Why are you allowing multiple posts of the same comments?

Send these two to the principal's office and tell them to discuss God after class.

Anonymous said...

Let’s see he lost the college game contract at Trustmark Park because he didn’t pay the ticket tax, didn’t pay the City of Pearl. He lost the events contract at the Shuckers stadium, why? You guessed it he didn’t pay the ticket tax and owed the City a lot of money. Now he owes the State and Jackson. Shocker.


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