This is a VERY interesting article. Is it me, or does this sound like all this trouble might just be hard negotiating by both CalPERS and Saca??? It seems like CalPERS is still very comitted to this project if they were going to bring someone else in to finish. Where was Saca going to get the $$$ to buy out PERS? PERS must still think it's a good project if they won't take the buy out
...I'm so confussed
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Towers developer defaults on loan
By Mary Lynne Vellinga - Bee Staff Writer
Published 12:00 am PST Thursday, February 15, 2007
Story appeared in MAIN NEWS section, Page A1
eveloper John Saca Wednesday said he has defaulted on a $22 million loan he used to buy the downtown land where he broke ground last year for two 53-story condominium and hotel towers.
The default -- the first step in a foreclosure -- doesn't necessarily mean the development is dead. Rather, it's a public exposure of the months-long private struggle between Saca and his equity partner in the Towers, the giant California Public Employees' Retirement System -- CalPERS.
Construction on the prominent site at Third Street and Capitol Mall stopped in January, leaving a hole in the ground, studded with piles, a few blocks down from the Capitol.
Nearly 400 buyers have paid deposits on condominiums in the Towers. That money is in a special escrow account and will be refunded if the development collapses.
Saca sent an e-mail Wednesday to all the buyers, assuring them he is "working diligently and doing everything possible to move this forward."
Contractors and professionals on the project have filed about $13 million worth of liens, bringing the project's total unpaid debts, including the land loan, to about $35 million, Saca said in a prepared statement.
As Saca's budget for what was introduced as a $500 million project ballooned by $70 million due to rising construction costs, CalPERS refused to give him more money.
The pension fund confirmed Wednesday that it has delivered just $25 million of the $100 million it had committed.
Ted Eliopoulos, CalPERS' senior investment officer, said the fund recently offered Saca a deal that would have allowed him to retain a financial stake in the project but would have given control to one of the large developers with whom CalPERS currently does business.
"We made a formal offer to John that would have paid all of his debts, including this note, and would have given him a good return," Eliopoulos said. "Unfortunately, he has turned that proposal down."
Eliopoulos said Saca also offered to buy out the pension fund by bringing in other investors. But CalPERS said Saca's offer didn't ensure the fund enough profit.
"We concluded it was not of the investment value we would even consider," Eliopoulos said.
Saca said Wednesday that the assertion that CalPERS had offered him a "good return" was a "complete misrepresentation of the facts."
He said he is bound by a confidentiality agreement that has prevented him from speaking about his dealings with the fund.
"I would like to make our offers to each other public record," he said. "I believe they won't allow this, because I don't think they'll want the truth to come out."
According to John Dangberg, Sacramento assistant city manager, CalPERS expects to earn a return of 21 percent on its money.
"While our first objective is to get the project done, we'd like to see everyone treated fairly. John has put a lot into this as a local developer, and has brought a new vision to our downtown. And we certainly would like to see him be a part of that if it's at all possible." In a written statement Wednesday, Saca placed the blame for the project's difficulties squarely on the pension fund.
"This predicament is out of my control," Saca said. "If it were my choice, all the outstanding invoices would be paid immediately. I have proposed several alternatives to my partner on how we can pay these bills; however, none have been accepted."
Saca went on to say that he's "not sure (CalPERS is) the right partner for this project."
Eric Rasmusson, a spokesman for Saca, said Deutsche Bank remains willing to lend Saca up to $400 million for construction. The city has agreed to provide an $11 million subsidy for the hotel portion of the project, which would be used for furniture and fixtures once the buildings were complete.
The land for the Towers is owned by Towers on Capitol Mall, LLC, a partnership of Saca and CalPERS.
The $22 million Saca borrowed from First Bank & Trust to buy the prime real estate on Capitol Mall was due at the end of December, Saca said in his statement.
Last week, local investor and developer Joseph Mohamed Sr. bought the note from First Bank & Trust, meaning that the Saca-CalPERS partnership now owes him $22 million. Mohamed said he filed a notice of default on the loan Wednesday with the county.
Mohamed said he doesn't expect to have to go through with a foreclosure but thinks Saca and CalPERS will pay off the debt and move forward.
"We try to buy only notes we feel are reasonably secure, and that's how we felt on this one," he said. "I don't throw money to the wind."
In its quest to restart the Towers project, Sacramento enlisted state Sen. Darrell Steinberg and Assemblyman Dave Jones, who have been talking to CalPERS.
Steinberg said Wednesday he's confident the issues can be worked out and that high-rise condominiums will materialize.
"Projects of this magnitude have their ups and downs," Saca said. "I am very confident that this project is going to succeed consistent with the vision that has rightfully excited this community."
Last edited by sugit; Feb 15, 2007 at 8:19 AM.
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