http://chicagobusiness.com/cgi-bin/news.pl?id=23869
Developer group sues partner in Loop conversion
Feb. 14, 2007
By Alby Gallun
Two investors who plan to convert a vintage Loop office building into apartments are feuding as they face a key loan deadline for the redevelopment.
A group led by Chicago real estate investors Charles Everhardt and Lawrence Nesis has filed a lawsuit alleging that its co-developer on the project at
188 W. Randolph St., an affiliate of Michigan-based developer Village Green Cos., has refused to pay the group about $800,000 in costs as required under an agreement between the partners.
The two groups already are discussing how to end their relationship, with the Michigan investors possibly buying out their Chicago partners.
The parties teamed up in July 2005, when they bought the 45-story tower out of bankruptcy court for about $10 million. Infamous for its crumbling terra cotta facade, the 78-year-old Gothic high-rise would become a 297-unit apartment building called Randolph Tower City Apartments under a plan approved by the City Council last year. The city also agreed to provide $8 million in tax-increment financing to help pay for the redevelopment.
Yet the developers will need to secure new financing and resolve their differences to get the project going.
An $11-million loan on the property from Bank of America N.A. matures April 1, and the developers will need a much larger loan to finance the redevelopment, which Mr. Everhardt estimates will
cost between $70 million and $85 million.
The investor group led by Mr. Everhardt owns a 50% stake in the project, with an entity led by Village Green CEO Jonathan Holtzman owning the rest and serving as manager of the development. Mr. Everhardt’s group sued to collect more than $800,000 in pre-closing costs it incurred that Mr. Holtzman’s group has refused to pay, according to the complaint filed in Cook County Circuit Court.
Mr. Holtzman’s “misconduct . . . is designed to force a buyout of (the Everhardt group’s) interest in the Property at an artificially low price,” the complaint says. When Messrs. Everhardt and Nesis complained to Mr. Holtzman, they “received threats of membership dilution, buyout at artificially low market prices and threats of political-based retaliation.”
Mr. Holtzman declines to discuss the specific allegations in the complaint, saying his partnership agreement with Messrs. Everhardt and Nesis “describes how disputes are handled.
“Anybody can allege what they want in a lawsuit,” he says. “The issues are addressed in the partnership agreement, and we are proceeding to buy them out under the partnership agreement.”
Mr. Everhardt confirms that he has discussed a buyout with Mr. Holtzman. He also says he could work out a resolution with Mr. Holtzman and stay in the project or try to cut a deal to take over as its manager.
Village Green is also in a dispute with its general contractor over another office-to-apartment conversion the developer recently completed at Wabash Avenue and Lake Street.
Mr. Holtzman plans to begin work on the Randolph Street project in late spring or early summer, though he must still secure a construction loan.
“We have a number of institutions that are very interested in financing this development,” he says, declining to be more specific.
In addition to the Randolph Tower, Messrs. Everhardt and Nesis are redeveloping an office building at 417 S. Dearborn St. into condos and converting an apartment building at 1140 N. LaSalle St. into condos. They are also involved in a condo project on the former site of the Rainbo Gardens Roller Rink in Uptown.