Update: Kelly buzz..."The Thread" Hall of Fame bound.

I don't know who Trey Wallace is, but he seems to be questioning the story that CK will not receive a $5 million payout he is owed by the 49ers if he accepts a college coaching job before the end of this season.

 

I'm referencing the kid who said the deal was signed, the players claiming that they were trolling, and the deal going from done to basically done. I understand why they're doing it. I'm not concerned.

 

I don't think Trey Wallace really gets the issue here.

 

What's the issue he doesn't get?

 

What are they doing if you don't mind sharing

 

Haha. Good point. I had to re-watch the video to truly appreciate your observation!

 

If the people with sources are correct, they can't let the cat out of the bag until after FSU. That's why it's no longer a "done deal."

Trey admits there is offset language. He's right that Chip will get paid $6.5 million no matter what. That's how offset language works. The issue cited by those with sources here is that the 49ers might try to roll the offset in 2017. There are essentially two ways they could do that (just off the top of my head without knowing the language of either contract):
1) If Chip Kelly has a signing bonus or some other sort of lump sum payment at signing, they'll argue that he signed during the 2017 season, so that money should be deducted from what he's being paid this year; or
2) They'll argue that Chip Kelly started as HC during the 2017 season, so his first-year salary should be deducted from what they pay him this year (basically, argue they get to start the clock a year early).

Would they win on those grounds? I am skeptical. However, it would create a situation where Chip might have to take it to the courts to enforce his contractual rights. The 49ers don't have much to lose in that situation. It's something Chip and us would prefer to avoid (if this is all true).

Anyways, there could be other reasons related to the wording of the two contracts, but since I am not privy to the clauses in either, I don't know what other issues might be present.

 

The whole point is the potential of being named HBC this year. The article is assuming that won’t happen thus it’s saying he’ll get his money and then next year can coach but will likely have offsets. If he’s hired before UF’s season is over, could the 49ers interpret that as him coaching this year and challenge the Money he’s owed? Is Kelly asking UF be on the hook for it if he signs before the season is over and they come after him?

That’s what’s being speculated and bringing up an article from when he was fired as if it’s new information is a little strange.

 

Too much free time at work tonight. Lol.

 

Ufdeadhead, I want to say I totally agree with you, but I also wanted to give a shout out to what a tremendous kicker we have in Eddy. If we had a better coach and program, we may have looked back and said, "Wow, without Eddy we wouldn't have won a national championship because we would not have beaten __________ (Bama or Georgia or Clemson or whoever).

 

A great kicker is a must in order to make a great run in football. There will be a game or two or where they are needed, but when they are your most reliable source of offense week in and week out, that's a problem. Eddy is great, no denying that but that is about the only bright point our offense saw this year.

 

Just in case no one has answered you, durian fruit is an Asian fruit whose foul taste can hardly be described. From Wikipedia: Some people regard the durian as having a pleasantly sweet fragrance (my injection - those are strange people), whereas others find the aroma overpowering with an unpleasant odour. The smell evokes reactions from deep appreciation to intense disgust, and has been described variously as rotten onions, turpentine, and raw sewage. The persistence of its odour, which may linger for several days, has led to the fruit's banishment from certain hotels and public transportation in Southeast Asia.

Edit - Ok I see that numerous people have responded and reported on the horrors of durian. Even Andrew Zimmern of Bizarre Foods literally vomited it out when he was in SE Asia, and that guy can literally taste and usually enjoy the most disgusting looking food on the planet.

 

Maybe he wants to make his official visit when the new coach is in place to greet him and give him the grand tour? Just a thought.

 

You're right to be skeptical. As I understand it, CK had a multi-year guaranteed contract and negotiated a buyout when they fired him just one year into it. They are paying him $6.5 million for the 2017-18 football season. Offsetting language in the deal would provide for a deduction from that payment if he ended up coaching somewhere else during that season.

Even if he was announced as Florida's new head coach yesterday, or last week, as long as he didn't actually take over coaching duties for the remaining game(s) then there'd be no argument to be made that he coached football during the 2017-18 season.

I suppose it's possible that there is an arbitrary condition in the buyout deal that financially penalizes CK for signing a deal with any team before the end of this season, regardless of whether he actually coaches the team this season or not.

But if that's the case, and if that's the only thing delaying CK from signing with Florida, there'd be no reason for them not to come right out and say so: "We have agreed with Chip Kelly in principle to become our new coach, but he won't be signing until next Monday due to conditions of his previous employment contract."

 

This is only based on the Buddy Martin tweet and nothing else, but if it's later discovered that the parties had agreed on written terms BEFORE the end of the season, yet one or more parties withheld actually signing the document until AFTER the season so that Kelly could be paid $5 million from SF, then SF could reasonably challenge paying that particular money.

 

Is it the end of season or end of year 2017?

 

Don't know. Too tired to research it.

 

That's true. I think that's why we're seeing the backtracking. However, as long as there's not an agreement, they're in the free and clear.

You're narrowing the hypothetical language here, which might not be consistent with how a court would interpret the language. As I said, it would be tough to win for SF, but it would give them enough to make it a legitimate controversy.

By doing that, you're basically guaranteeing a legal controversy. The 49ers will simply argue that Florida's announcement proves they hired him at that time. It's a really bad idea. You don't want to give off the impression that you're doing something shady. Contract law isn't that rigid.

 

It could be a rough week for Gators fans who grow weary with each day that passes with no announcement. I think it has always been Smokey Stover's plan to wait until after the FSU game to announce the new coach. That's the right way to do it. We might as well forfeit the FSU game if Chip is announced this week.