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Atlantic Yards in Trouble? — Brooklynian

Atlantic Yards in Trouble?

rogersma
edited November -1 in Prospect Heights
There's been a lot of news in the last few days about the possibility that Ratner's financing for the project is unraveling--and it started with Ratner's lawyers, in a court deposition. See below for details.

And today the Post reported that Ratner can back out at any time--he really hasn't signed any binding agreements or financing arrangments.

The decades-long disaster that would be Atlantic Yards looks less and less like a done deal. There are still two strong legal challenges in state and federal court. And it's being led by Develop Don't Destroy Brooklyn. If you're in a giving mood, it's time to go to: http://dddb.net/php/donate.php

http://www.nypost.com/seven/01292008/news/regionalnews/builder_can_nix_nets_plan_339736.htm
http://nymag.com/daily/intel/2008/01/chris_smith_ratner_showing_fea.html
http://www.nypost.com/seven/01282008/news/regionalnews/court_trouble_793583.htm

Comments

  • There's been a lot of news in the last few days about the possibility that Ratner's financing for the project is unraveling
    Let us pray, wish, envision, etc...

    Seriously, is this all talk though?
  • Well, this story began with Forest City Ratner's own Director of Finance, in a sworn affidavit. Clearly Ratner is trying to pressure the court into making a quicker decision, but it also obviously more than just "talk."
  • Subject: Talk?

    Well, the project is years behind schedule, and in those years the cost of steel and concrete for high-rise buildings has risen sharply.

    http://www.housingfinance.com/ahf/articles/2007/oct/UP1007.htm

    Many condominium projects in weaker markets have been shelved. Many other condo projects have been turned into rental apartments, even right here in Brooklyn.

    The question for Forest City is whether the price of condos in this prime corner of Brooklyn has gone up enough to make up for the rising cost of the construction plus the cost of its financing as the project drags later and later. If condo prices plateau but steel and concrete prices keep rising, it could be tough on the project.

    How much longer can DDDB stretch out its appeals?
  • The MTA is facing similar problems with cost in all their projects.
  • this is the kind of businessman i hope to be one day. still get awarded the atlantic yards from the mta despite being the lower bidder, get my project approved with almost no government oversight, and be able to back out of the deal if at anytime it looks like it won't yield tremendous profits. yea capitalism.
  • well said bill c. if this project does fall apart, and I'm still skeptical that will happen, who is responsible for all that has been dismantled? buildings have been demolished, apartment buildings vacated and stores shut down. certainly it's early to be wondering about that, but a small ghost town has been created and I worry that if the deal gets squashed, we'll be left with the mess.
  • Trainsmoke DeLeon wrote: well said bill c. if this project does fall apart, and I'm still skeptical that will happen, who is responsible for all that has been dismantled? buildings have been demolished, apartment buildings vacated and stores shut down. certainly it's early to be wondering about that, but a small ghost town has been created and I worry that if the deal gets squashed, we'll be left with the mess.
    Thank you for pointing that out! As someone who has a shop half a block away from the future "staging area", which is now a dusty ghost town where there were once residents and thriving businesses, I hope this frightmare falls apart, and Ratner sneaks off to defile some other city.

    So he signed nothing that was binding? Halleluya! That actually works in our {Brooklyns} favor.

    Really, can I make huge, absurd promises with no binding contracts and get millions of dollars from the city too, please? Where do you sign {or NOT sign}?

    So f*ed up.

    {edited to include}Interesting article by Christopher Ketchum: Atlantic Yards, the E.I.S Game and the Destruction of Brooklyn
  • Subject: Get a piece of Marty

    Check this out. Get a piece of Marty! The Brooklyn Paper has put Mr. Markowitz's cast (what was broken? Oh, Brooklyn.) up for auction on Ebay to raise charity.

    http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=280197010864
  • Subject: Re: Get a piece of Marty

    The Yarn Monkey wrote: Check this out. Get a piece of Marty! The Brooklyn Paper has put Mr. Markowitz's cast (what was broken? Oh, Brooklyn.) up for auction on Ebay to raise charity.

    http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=280197010864
    Actually, it's Gersh Kuntzman's cast. Another piece of work.
  • Subject: Re: Talk?

    prospectus wrote: Well, the project is years behind schedule, and in those years the cost of steel and concrete for high-rise buildings has risen sharply.

    http://www.housingfinance.com/ahf/articles/2007/oct/UP1007.htm

    Many condominium projects in weaker markets have been shelved. Many other condo projects have been turned into rental apartments, even right here in Brooklyn.

    The question for Forest City is whether the price of condos in this prime corner of Brooklyn has gone up enough to make up for the rising cost of the construction plus the cost of its financing as the project drags later and later. If condo prices plateau but steel and concrete prices keep rising, it could be tough on the project.

    How much longer can DDDB stretch out its appeals?
    Yup.

    And what also gets lost in all of this is that all the "promises" that were made about "affordable housing" are OUT the door. As a matter of business, the developer will not be able to provide the units as promised (they never planned to BTW - they never really do).

    The people who were supporting this project mainly because of the affordable housing element are going to find themselves ass-out if/when this project is built.

    It will mostly (90-95%% or more) be market rate housing by the time AY is completed - if ever. They may offer rentals units when it first opens (also market rate) but they will file the apartment projects as condominiums with the Attorney General's office. And you will not be able to buy them - ever. They will make their money back through years of rentals but hold on to the properties indefinitely. When the timing and market is right, they may even sell the buildings to another developer - WHOLE and outright. There is nothing you can do about it, the lawyers will see to that in the beginning.

    Whatever is left as affordable, will not be available to many of the residents in the area (or on this board because of qualifications or lottery). They can still look forward to the hot dog and pretzel stand jobs in the new arena though.

    Welcome to the game.
    Better late than never.
  • bill c wrote: this is the kind of businessman i hope to be one day. still get awarded the atlantic yards from the mta despite being the lower bidder, get my project approved with almost no government oversight, and be able to back out of the deal if at anytime it looks like it won't yield tremendous profits. yea capitalism.
    Yupper. The sweetest profit is a risk-free profit.
  • Subject: Re: Atlantic Yards in Trouble?

    rogersma wrote: There are still two strong legal challenges in state and federal court
    News on that:
    Federal appeals court says Atlantic Yards project can go forward
  • Drano wrote: [quote=bill c]this is the kind of businessman i hope to be one day. still get awarded the atlantic yards from the mta despite being the lower bidder, get my project approved with almost no government oversight, and be able to back out of the deal if at anytime it looks like it won't yield tremendous profits. yea capitalism.
    Yupper. The sweetest profit is a risk-free profit.

    indeed. like the smell of napalm in the morning.
  • In fact the commercial mortgage backed securities (CMBS) market had no issuance in January -- something that hasn't happened since 1995 (when it was just getting its start).

    I don't know whether FCR was thinking of tapping the CMBS market for funding or the loan market, but either way, this is a problem for any significant sized development that does not already have the money it needs to start a project.

    Goldman Sachs in a equity research note about FCR a few weeks ago (maybe December?) said FCR would have trouble raising the money to start the project... and in an odd twist, if the one media report I have read is true... Goldman is Ratner's banker.

    What does this mean? Another delay at a minimum. He does not need $4 bln to start, he likely needs less than $1 bln. He may also be able to tap the municipal bond market to build the arena itself (he sold munis to help finance the NYT building I beleive.. using post 9/11 Liberty bonds -- god knows how the NYT HQ relates to 9/11... but thats something else all together.) The muni market is doing OK these days - much better than any mortgage market for sure.

    The funding delays could kill the project, but more likely, they will shrink it. He'll get money in the next 6-12 months, but not as much as he wants and at a far higher price. It doesnt help that FCR carries a low credit rating. FCR has a solid history of finishing projects through thick and thin... this time however, the 'thick' is an unprecedented breakdown in real estate capital markets.
  • Drano wrote: [quote=bill c]this is the kind of businessman i hope to be one day. still get awarded the atlantic yards from the mta despite being the lower bidder, get my project approved with almost no government oversight, and be able to back out of the deal if at anytime it looks like it won't yield tremendous profits. yea capitalism.
    Yupper. The sweetest profit is a risk-free profit.


    It's only risk free profit because city politicians, and misguided citizens, support zoning laws that restrict the quantity and density of housing that can be built.

    If it wasn't for the government induced housing shortage, this project would be a no go. It's actually very complicated building a decking over the train yard, and developer experience was a major criteria of the selection process.

    Now, if we got rid of zoning laws tomorrow, you'd have every small landowner in the city knocking crap down and building high-rises like Manhattan in 1920s. They built a million housing units during that time(city wide), and apartments were affordable for everyone.

    Zoning laws do not exist to improve the quality of life in NYC (indeed, most neighborhoods are exactly as they were 80 years ago), they exist to control supply and minimize risk for the wealthiest families of New York City.
  • Not sure how much trouble they are in. FCR just announced that they got another $150 million added to their bank line (bringing the total to $750 million). As f the end of Jan they had no draws on the line. They also just bought 2,500 building lots in Texas from Standard Pacific...indicating they have the cash to bottom fish for land around the country. The Goldman deal is a municipal deal. Depending on the security structure they may or may not have trouble getting it done in this market although they will most surely have to pay a much higher rate than they originally anticipated. At a higher rate the deal may not work well enough to find the buyers. One thing I'd bank on though is that FCR won't be on the hook for any of that deal.

    Meantime, I found this article about the Hunters Point Shipyard development in San Francisco. It is an eerily similar development project to AY, right down to a proposed stadium for the 49ers, back office political deals, a questionable review process and community promises by the developer. (Ironicaly, they picked Lennar for this project over FCR.).

    http://www.sfbg.com/printable_entry.php?entry_id=3084

    I don't know anything about this paper but it still makes interesting reading. It's a really long article but worth reading. The main gist of the article is how Lennar got away with no oversight during site work and ended up spewing asbestos into the air in the neighborhood and then this...

    "Sure, Lennar has provided job training for southeast San Francisco residents, set up small-business assistance and community builder programs, and invested $75 million in the first phase of development. That's the good news.

    But on Lennar's watch, a subcontractor failed to monitor and control dangerous asbestos dust next to a school at the Hunters Point Shipyard, potentially exposing students to a deadly toxin — despite promising to carefully monitor the air and control the construction dust.

    And when the homebuilding industry took a nosedive last year, Lennar reneged on its promise to provide needed rental housing on Hunters Point — saying that its profit margins were no longer good enough to make rentals worthwhile. All of which raises questions about whether this company, which is working with Mayor Gavin Newsom to build a stadium at the shipyard to keep the 49ers in town, really has San Francisco's interests in mind."

    I wonder if FCR promise to provide low income housing is as iron clad as Lennar's promise to build the promised rental housing in their project?
  • The bank line is for Forest City Rental Properties Corporation. I'm not sure, but I assume the Ratner subsidiary would be unable to tap this money. But either way, they have a pretty solid following in the investment community and don't make Macklowe size mistakes, so its tough to doubt their fund raising abilities. Maybe the Pintchik's will throw in some cash... just kidding.
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