Skip to main content

An unusual meeting Monday of the Brooklyn Arena Local Development Corporation: arena bond refinancing, plus first taxable bonds

The long-dormant Brooklyn Arena Local Development Corporation (BALDC), the "dummy not-for-profit corporation" set up for the sole purpose of being the landlord of and issuing tax-exempt bonds for the Barclays Center--which saves the developer and then arena operator tens of millions of dollars--is having a meeting Monday,

The purpose, not announced in the meeting notice but in a later-issued agenda (bottom), is to take various corporate actions, including the reissuing of tax-exempt bonds at today's lower interest rates, and the first-ever issuance of taxable arena bonds. The board will also take other actions, including hiring lawyers and adopting various policies.

The notion of refunding bonds means refinancing at a lower interest rate, or to change other terms. It's not an uncommon thing.

This refunding of bonds will benefit the arena operator, Mikhail Prokhorov's Onexim, which must pay off arena financing via those tax-exempt bonds--the payments in lieu of taxes (PILOTs) go not to public agencies but to pay off investors.

The board also will approve "Series 2016B Federally Taxable" bonds, which would be completely new. While the arena operators once contemplated such bonds, the interest rates were much higher, and presumably the rating would have been junk. Instead, Prokhorov--then the minority partner in the arena operating company--issued a loan. Presumably now taxable bonds would have a lower interest rate than contemplated in 2009.

First meeting in a while

It's the first public meeting, as far as I can tell, since November 2009, though it's possible that resolutions have been passed, as in 2009, without a public meeting.

RSVPs are due today--see below--though it also will be webcast. No agenda is available yet, though it may surface by the end of the business day.

The BALDC, which has no staff or budget, is a creation of an Empire State Development alter ego/affiliate, the Job Development Authority, or JDA, but is essentially an ESD alter ego. The use of the BALDC meant the bonds avoided the scrutiny of the Public Authorities Control Board.

There was a bizarre, aborted investor update call in February 2012, which was organized not by the BALDC but by Goldman, Sachs. Since then, public silence.

The press release

Yesterday came a surprising press release from Empire State Development, the state authority that oversees/shepherds Atlantic Yards/Pacific Park:
What: A meeting of the Directors of the Brooklyn Arena Local Development Corporation, a local development corporation created under New York State law.
When: Monday, August 8, 2016, at 11:00 a.m.
Where: Empire State Development
633 Third Avenue – 37th Floor Conference Room New York, New York 10017
With Video Conferencing to:
Stony Brook University Javits Building Administration Room 223 Stony Brook, NY 11794-1002 
This meeting is open to the public.
To view the meeting online, please visit:
Due to 633 Third Avenue and Stony Brook University building procedures, those attending in New York City and Stony Brook must RSVP by 5:00 p.m. on Friday, August 5, 2016.

RSVP press line (800) 260-7313; RSVP NYC public line (212) 803-3766; RSVP Stony Brook public line (631) 632-6421.
I asked ESD about the names of the board members, and will update when I know more.


Popular posts from this blog

Barclays Center/Levy Restaurants hit with suit charging discrimination on disability, race; supervisors said to use vicious slurs, pursue retaliation

The Daily News has an article today, Barclays Center hit with $5M suit claiming discrimination against disabled, while the New York Post headlined its article Barclays Center sued over taunting disabled employees.

While that's part of the lawsuit, more prominent are claims of racial discrimination and retaliation, with black employees claiming repeated abuse by white supervisors, preferential treatment toward Hispanic colleagues, and retaliation in response to complaints.

Two individual supervisors, for example, are charged with  referring to black employees as “black motherfucker,” “dumb black bitch,” “black monkey,” “piece of shit” and “nigger.”

Two have referred to an employee blind in one eye as “cyclops,” and “the one-eyed guy,” and an employee with a nose disorder as “the nose guy.”

There's been no official response yet though arena spokesman Barry Baum told the Daily News they, but take “allegations of this kind very seriously” and have "a zero tolerance policy for…

Behind the "empty railyards": 40 years of ATURA, Baruch's plan, and the city's diffidence

To supporters of Forest City Ratner's Atlantic Yards project, it's a long-awaited plan for long-overlooked land. "The Atlantic Yards area has been available for any developer in America for over 100 years,” declared Borough President Marty Markowitz at a 5/26/05 City Council hearing.

Charles Gargano, chairman of the Empire State Development Corporation, mused on 11/15/05 to WNYC's Brian Lehrer, “Isn’t it interesting that these railyards have sat for decades and decades and decades, and no one has done a thing about them.” Forest City Ratner spokesman Joe DePlasco, in a 12/19/04 New York Times article ("In a War of Words, One Has the Power to Wound") described the railyards as "an empty scar dividing the community."

But why exactly has the Metropolitan Transportation Authority’s Vanderbilt Yard never been developed? Do public officials have some responsibility?

At a hearing yesterday of the Brooklyn Borough Board Atlantic Yards Committee, Kate Suisma…

Forest City acknowledges unspecified delays in Pacific Park, cites $300 million "impairment" in project value; what about affordable housing pledge?

Updated Monday Nov. 7 am: Note follow-up coverage of stock price drop and investor conference call and pending questions.

Pacific Park Brooklyn is seriously delayed, Forest City Realty Trust said yesterday in a news release, which further acknowledged that the project has caused a $300 million impairment, or write-down of the asset, as the expected revenues no longer exceed the carrying cost.

The Cleveland-based developer, parent of Brooklyn-based Forest City Ratner, which is a 30% investor in Pacific Park along with 70% partner/overseer Greenland USA, blamed the "significant impairment" on an oversupply of market-rate apartments, the uncertain fate of the 421-a tax break, and a continued increase in construction costs.

While the delay essentially confirms the obvious, given that two major buildings have not launched despite plans to do so, it raises significant questions about the future of the project, including:
if market-rate construction is delayed, will the affordable h…

Revising official figures, new report reveals Nets averaged just 11,622 home fans last season, Islanders drew 11,200 (and have option to leave in 2018)

The Brooklyn Nets drew an average of only 11,622 fans per home game in their most recent (and lousy) season, more than 23% below the announced official attendance figure, and little more than 65% of the Barclays Center's capacity.

The New York Islanders also drew some 19.4% below announced attendance, or 11,200 fans per home game.

The surprising numbers were disclosed in a consultant's report attached to the Preliminary Official Statement for the refinancing of some $462 million in tax-exempt bonds for the Barclays Center (plus another $20 million in taxable bonds). The refinancing should lower costs to Mikhail Prokhorov, owner of the arena operating company, by and average of $3.4 million a year through 2044 in paying off arena construction.

According to official figures, the Brooklyn Nets attendance averaged 17,187 in the debut season, 2012-13, 17,251 in 2013-14, 17,037 in 2014-15, and 15,125 in the most recent season, 2015-16. For hoops, the arena holds 17,732.

But official…

So, Forest City has some property subject to the future Gowanus rezoning

Writing yesterday, MAP: Who Owns All the Property Along the Gowanus Canal, DNAinfo's Leslie Albrecht lays out the positioning of various real estate players along the Gowanus Canal, a Superfund site:
As the city considers whether to rezone Gowanus and, perhaps, morph the gritty low-rise industrial area into a hot new neighborhood of residential towers (albeit at a fraction of the height of Manhattan's supertall buildings), DNAinfo reviewed property records along the canal to find out who stands to benefit most from the changes.
Investors have poured at least $440 million into buying land on the polluted waterway and more than a third of the properties have changed hands in the past decade, according to an examination of records for the nearly 130 properties along the 1.8-mile canal. While the single largest landowner is developer Property Markets Group, other landowners include Kushner Companies, Alloy Development, Two Trees, and Forest City New York.

Forest City's plans unc…

At 550 Vanderbilt, big chunk of apartments pitched to Chinese buyers as "international units"

One key to sales at the 550 Vanderbilt condo is the connection to China, thanks to Shanghai-based developer Greenland Holdings.

It's the parent of Greenland USA, which as part of Greenland Forest City Partners owns 70% of Pacific Park (except 461 Dean and the arena).

And sales in China may help explain how the developer was able to claim early momentum.
"Since 550 Vanderbilt launched pre-sales in June [2015], more than 80 residences have gone into contract, representing over 30% of the building’s 278 total residences," the developer said in a 9/25/15 press release announcing the opening of a sales gallery in Brooklyn. "The strong response from the marketplace indicates the high level of demand for well-designed new luxury homes in Brooklyn..."

Maybe. Or maybe it just meant a decent initial pipeline to Chinese buyers.

As lawyer Jay Neveloff, who represents Forest City, told the Real Deal in 2015, a project involving a Chinese firm "creates a huge market for…