According to Scott Stiteler and Don Martin, their development deal for the east end of downtown has bit the dust. However, as outlined in the second post by Donovan Durband, this proposal may have never been in the city's best interests:
Downtown redevelopment deal is dead, say developers
By Joe Pangburn
Inside Tucson Business
June 19, 2009
A multimillion dollar deal to develop an arts and entertainment district on the east side of downtown Tucson - including a return of noted chef Janos Wilder - is dead. After the Tucson City Council voted unanimously on June 16 to delay approval of a revised agreement with the Downtown Tucson Development Company, the two partners said they were finished negotiating. "I'm disappointed and relieved at the same time," said Don Martin, one of the partners. He said he was disappointed over how the deal was misinterpreted, especially by the Arizona Daily Star, but then said, "I'm relieved because it really was a tough deal for us and the only way it was going to work was as a true partnership. We had been talking to the council constantly and nearly every day for the past two weeks then in the council meeting it sounded like we were starting all over again. They were bringing up things that had been resolved months ago."
Martin said the $4.28 million the developers would receive was inflated on the surface. He said $1.08 million in land credits were going to square up what was left due to the predevelopment agreement with the city. The remaining $3.2 million was broken up into two $1.6 million portions. "The first $1.6 million we would receive came from $1.6 million in cash, rent abatement and property given to the different organizations including the theatre," Martin said. "That was dollar for dollar. And for that we would get the Volvo property outside the core. The other $1.6 million would come from 20,000 square feet of leases downtown and the first 4,000 square feet was going to cost us $400,000 out of pocket in improvements to bring Janos downtown."
The deal came apart when the Rialto Theatre Foundation continued to voice its dissatisfaction with the new agreement despite the developers' promise to give the Rio Nuevo Facilities District, which owns the theater, the area inside the Rialto used for bathrooms and concession stands. Another 2,500 square-foot building separate from the theater but currently used by the Rialto for offices and a green room for performers was not included in the deal and that was the sticking point. "The highest and best use for that property adjacent to the theater is for the theater to use it,"
said Michael Crawford, president of the Rialto Theatre Foundation. "I think it is hard to believe they are walking away when we are so close to a deal. But if that's the case and they are leaving without wanting to work out some simple, minor details that would protect the city and the theater then it just affirms to the city that this wasn't a good deal for the city. We're going to just have to wait and see what their next move is. If the city is really interested in protecting the theatre and they are unwilling to sell that property, it's not popular, but there is always the option of condemning the building and taking it through eminent domain."
Martin said the process was a learning experience for him. "You'd think that if you were operating a business on property someone else owns and you are using it rent-free, you would say, how can we help you in this, what do you need?" Martin said. "That didn't happen. From the beginning it was "this is what we want." And they killed the deal. I hope they're happy with themselves, but I don't see what their game plan was. Those were the weirdest negotiations I've ever been through in my life and I've been through a lot." Now Martin says he and Scott Stiteler will move into commercially viable agreements with businesses looking to locate into the renovated spaces once the work is complete. Martin didn't give a timeframe for that work. "We have a grant to finish the facade of the Rialto so we're going to do that and make it look real nice," he said. Stiteler didn't wish to comment on the deal but said he was going out of the country for two weeks as part of a group raising money for the Wounded Warrior Project by attempting to swim across the Sea of Cortez.
As a result of the delay, the city missed the June 17 deadline and is on the hook for up to $950,000 as a partial reimbursement to the Downtown Tucson Development Company for what has been invested already into the deal per the predevelopment agreement. City Attorney Mike Rankin cautioned the council before the vote, the council could urge the developers to bring the deal back, but they are not obligated to comply. "I feel it is my obligation to remind the council that if we pass this deadline, and there hasn't been a breach by the developer, the city is exposed to paying damages up to $950,000," Rankin said during the council meeting. Councilwoman Shirley Scott asked how that clause was affected due to the partners that have dropped out of the Downtown Tucson Development Company. Rankin replied he didn't want to get into a legal analysis but that if the city lands in a dispute, those would be the core issues they would protest. Councilwoman Nina Trasoff was the only council member to express concerns to a delay.
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Downtown Deal Looks like an Act of Desperation
June 15, 2009
http://tucsoncitizen.com/downtown/
Desperation. It’s not the proper mindset from which to make sound public policy, yet desperation seems to be the dynamic that is leading the Tucson City Council down a path that it may regret for years to come. The City is desperate to make positive things happen in Downtown with Rio Nuevo. How much of that desperation is about concern for the upcoming election and how much is a desire to hold onto the TIF funding, I do not know. The City Council seems set to approve a Development Agreement with the Downtown Tucson Development Company (DTDC), a partnership between Scott Stiteler and Don Martin. In exchange for free land, the City expects DTDC to make contributions to the Rialto Theatre, Warehouse Arts Management Organization, Skrappy’s, and possibly the Facade Improvement Program.
(My disclosure: As the former executive director of the Tucson Downtown Alliance and Downtown Tucson Partnership for several years, I know the properties and most of the characters very well. I don’t know Scott Stiteler, but I have been friendly with Don Martin for about five years. The Rialto Theatre Foundation’s executive director Doug Biggers and board president Michael Crawford are friends of mine. I used to be an active board member of WAMO, and more recently, an inactive board member of WAMO. I support the missions of both the Rialto and WAMO, and I support the City’s efforts to improve Tucson’s downtown. I also wish Stiteler and Martin the best with the development of their properties, and I hope they make lots of money doing it. Just not at taxpayer expense.)
The main element of this agreement is the giveaway of $4 million or more in City-owned real estate to DTDC, with contributions from DTDC to the Rialto Theatre, WAMO, and Skrappy’s that add up to far less than $4 million in real value. DTDC is a new company, formed after Martin bought out the interest of Doug Biggers in the 50/50 partnership of Biggers and Martin in the Rialto Block. Stiteler has been the man behind Williams and Dame Development, which left Tucson several months ago, just after their presence helped sell the first part of this deal to the City Council.
Last December, desperation led the City Council to approve the Pre-development Agreement for this deal, without proper due diligence, without proper consideration of the consequences, without proper public vetting. People were warned that they had to fall in line behind it, or else. It was the same month when desperation led the Council to sell $80 million in Rio Nuevo bonds at the worst time imaginable in terms of financing costs, so they could tie up the TIF revenue stream before the state legislature could take the funding away. That act of desperation will cost the taxpayers of Tucson millions of dollars in excess interest.
Now, six months later, the City Council is up against a deadline it never should have faced; make a deal now with DTDC or pay up. Around $950,000 to reimburse DTDC for costs they’ve incurred. Wow, I know of developers who were induced to spend a lot more than that on projects they thought they were being awarded in Downtown Tucson, and they didn’t get reimbursed a nickel. What happens if the deal goes through? Well, the City must pay DTDC $800,000 for the completion of the Concept Plan. The City pays (overpays) for that work either way. For perspective on that, consider that the entire Rio Nuevo Master Plan, adopted in 2001 with multiple consultants and lots of public outreach, cost the City $600,000!
The idea of giving away valuable real estate that fronts on Speedway, on Congress, and on Broadway should give all Tucson citizens pause. But when you consider how little is being required of the developer to provide, it is truly disturbing. When you break it down, the developer is promising to invest in his own property, and to invest a little more in the theater, which obviously enhances the value of DTDC’s property. The developer is throwing a little money ($300,000) at Skrappy’s, the Downtown Façade Program, and the Warehouse Arts Management Organization (WAMO), and it has until 2014 to make all those payments. In exchange, they get credits for $4 million in City real estate, which may be paid with the conveyance of the old Broadway Volvo site, the Congress frontage to the Ronstadt Transit Center, and part of the corner of Speedway and Stone. This after the same developer got a gonga deal on the Martin Luther King Apartments ($350,000) and also has air rights over the Depot Plaza garage to construct another residential building. And, the Rialto Block (the developer’s property) has been awarded one of four façade improvement grants from the City, for six figures.
(More disclosure: I supported the Rialto Block’s façade grant award when I was on the selection committee at the Downtown Tucson Partnership last summer.)
Some property is being conveyed to the theater, but it holds nowhere near the value that makes this deal fair to both the City and the developer. And the developer is counting the construction of an elevator that the foundation does not want or need as a contribution to the theatre, in order to earn part of its credit.
Why is the City not protecting the viability of its own asset, the historic Rialto Theatre? This is the time to ensure its future, by requiring the developer to whom it is giving valuable downtown real estate, to convey all of the portions of property the developer already owns and that the theater needs, to the Rialto Theatre Foundation, which manages the theatre on behalf of Rio Nuevo. The Rialto is one of a very short list of Rio Nuevo successes, yet the City acts as if it were a nuisance, and as if the City/Rio Nuevo doesn’t in fact own the building. And of course,
the City needs to get true dollar-for-dollar value on the deal overall. The contributions made by the developer need to have the same real value as the properties that the City is promising to give up.
Five years ago, desperation led the City Council to approve an ill-advised deal on the former Thrifty Block. Whoever won the competition for the rights to build on that site would get the land, cleared of the old buildings, and the Indian Village Trading Post building next door, for $100. Bourn Partners won that competition, and they worked diligently to make The Post condo project work. Whatever combination of factors (mostly the housing bubble bursting) led to that development not getting off the ground, the City failed to include a reversion clause in its sale and development agreement. Once the deed was transferred to Bourn, there was nothing the City could do. So now it sits, the empty land, and the empty building. Even the Indian Village shop has long since relocated to La Placita in expectation that the Hotel Arizona was going to be redeveloped next door—two years ago!
Ask a General Manager from a pro sports franchise: Sometimes the best deal you can make is the one you don’t make. Two years from now, we should be out of the recession and the modern streetcar will be almost ready to roll into Downtown. Developers will be lining up, looking to pay the City market value for those properties, especially the one in front of the Ronstadt Center. The developer should already be properly incentivized to lease out his own space at One North Fifth and in the 200 E. Congress block. But with this deal, fully 40%, or $1.6 million in credits, is “earned” by the developer simply for leasing out space that he already owns.
Why let desperation to make something happen lead us to giving away the store?
Donovan Durband