Bank of America making more local friends - The Spire spirals through court

First it was Block 37. Now it is the Spire. According to this Tribune story, Shelbourne Development and Garrett Kelleher are counter-suing the bank for fraud, saying that the bank was deceptive in the terms of arranging its portion of the financing for the now-dormant project. B of A went after Kelleher on a $4.9 million guarantee previously, and this is the response.

As with past cases, I haven't read the papers and am not planning to do so unless someone sends them to me and/or pays me. According to the story, the counterclaim says that Shelbourne should not be deemed in default because of the economy, in which B of A has taken billions of bailout money. That smacks of the Trump Tower force majeure defense and I think that will be a tough battle.

In addition, and again according to the story, one of the allegations of fraud is based on this: "the bank took the proceeds of a certificate of deposit owned by Shelbourne for more than $3.5 million and applied it to the amount due, an amount that was overstated because Bank of America “intentionally and deceptively” calculated the interest rate based on a 360-day year."

Huh?

Since when isn't interest on a commercial loan calculated based on a 360 day year? Maybe that overstates it, but it is not uncommon to see this provision at all in loan documents. Was it not here? Even if it was not supposed to be a 360 day year, I'm not sure that rises to the level of fraud, which is pretty hard to prove and win in Illinois. Maybe I am missing something since I haven't had a cup of coffee this morning....

Read more »

Blair Kamin on the Spire

He's right. It is a big hole in the ground. And the building plans do look much nicer, so much so that if the Chicago Spire doesn't get built here, it ought to be built somewhere. Garrett Kelleher's spokespeople claim that a GC will be hired soon to work on the above-ground stuff (details, details). The current plan is for a mid-2009 start. Call me cynical, but I wonder if some people are thinking mid-October 2009, since the IOC meets on October 2 to award the 2016 Olympics to some great city.

Another reason to wait a year: putting together a construction loan syndicate. Yes, Mr. Kelleher may be loaded, but he does not want to get into a Waterview Tower situation. You are better off with a hole in the ground for now, especially if you have cash to pay the interest on the A&D loan or finance it with your own cash. Halting construction here once you move up would be an unmitigated disaster.

And I'm not hearing much lately from Kelleher's lender of choice, Anglo-Irish Bank. Not sure whether they are on the sidelines or what. So a year gives everyone time to get more sales (a big must here), put together the loan and hope for the best. And I still sure hope this beautiful work rises from the hole.

Read more »

Does this mean the Spire will rise?

I have been an unabashed fan of the Chicago Spire project. And the Tribune reports today that 30% of the condos are sold. They made a point of saying these were sales, not refundable deposits.

Now, I have not seen the contract to see what, if any, outs there are, but I'd bet there are close to none. 30% is a traditional benchmark for a construction loan, but, as the story intimates, I would not be surprised if lenders want to see a higher threshold met. It may (or may not, in this market) depend on the LTV, or how much coin Garrett Kelleher brings to the table. And since he's funding it himself we know he has the desire and wherewithal to do it.

The international marketing (with exhibitions in Dublin, Singapore, Hong Kong, Beijing, Shanghai, Johannesburg and New York, not to mention the ads I see in the WSJ all the time) may have paid off. It was a sound strategy given market conditions here.

P.S. If you want to see construction pics click here. What a great site Skyscraper City is.

Read more »

Spire misses tax deadline -- but they aren't the first to do so, either

Tom Corfman has a story at Crain's this morning stating:

Garrett Kelleher failed to pay nearly $430,000 in property taxes due nearly two months ago on the proposed site of the Spire, even as the Irish developer was launching a lavish, five-city Asian tour to trumpet the massive skyscraper.

Corfman goes on:

The 2,000-foot-tall Spire project would challenge even the most seasoned developers. And the failure to manage a routine task like property taxes raises questions about Mr. Kelleher’s ability to complete a multi-billion dollar project that demands the highest level of concentration.

The reason? According to a spokesperson, an error in the address for the bills.

I personally think Corfman is the best real estate writer in Chicago out there, but, putting my lawyer cap on, I can tell you this happens to the best of developers. It often occurs in the early phases of a development because a tax bill does not get to the right person or the right address because records have not been updated or whatever.

But that also does not mean I think this should be a free pass for the Spire, especially these days when you can get and check these records online. The fact of the matter is, when you have a project that is this high profile, you'd better dot the i's and cross the t's because if you don't, people will be watching. And we are watching.

Read more »