http://www.nytimes.com/2010/10/27/ny...1&ref=nyregion
Developers Wage Battle Over a Tower Deemed Ugly
By CHARLES V. BAGLI
October 26, 2010
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From his office at Time Warner Center, the developer Stephen M. Ross looked directly across Columbus Circle to a nearly vacant, financially troubled and, in his view, ugly, 26-story building.
This being New York, where real estate is often a blood sport, he decided to do something about it. His firm, Related Companies, bought the $250 million mortgage on the property in September, intending to foreclose on the owner, demolish the building and erect a sleek skyscraper slightly taller than his 750-foot, two-towered Time Warner Center.
But on Tuesday, the owner of the building that offended Mr. Ross, the rival developer Joseph Moinian, fought back, filing a 33-page lawsuit in State Supreme Court in Manhattan accusing his lender and Mr. Ross of a “long-lived predatory lending scheme” designed to steal the building, known as 3 Columbus Circle, for a fraction of what it was worth. He wants $200 million in damages.
Related Companies said the suit was “totally without merit.” But Mr. Moinian also enlisted a big-time partner, SL Green Realty, a publicly traded real estate company that owns 30 office towers in New York City, in his struggle to hang on to 3 Columbus Circle and complete a $175 million renovation.
SL Green is not party to the lawsuit, but its willingness to enter the fray and invest in Mr. Moinian’s project makes it possible for Mr. Moinian to pay off his old mortgage, which is in default. But that is by no means a certainty.
“Related tried to steal this building,” said Mr. Moinian’s lawyer, Stephen B. Meister. “They’re not going to succeed.”
Mr. Meister says Mr. Moinian will pay the mortgage. The question is how much he will have to pay. Mr. Ross contends that the mortgage has swelled to $310 million with interest and penalties.
Mr. Meister counters that Related’s number includes a “bogus” $54 million prepayment penalty, which Mr. Moinian refuses to pay. Mr. Moinian does have assurances from SL Green that it will provide a new $250 million mortgage and have an equity stake in the property, if and when the Related mortgage is paid off.
Related said the lawsuit was “designed to attempt to excuse the borrower’s default in its mortgage obligations.” Mark Walfish, a lawyer for Related, said the company hoped Mr. Moinian and his partners would fulfill their obligations and “pay the approximately $310 million owed on the loan.”
Like many developers during the real estate boom, Mr. Moinian went on a shopping spree, accumulating 20 million square feet of property in Manhattan and elsewhere. When property values and rents plunged after 2007, Mr. Moinian ran into trouble with his lenders. He has restructured hundreds of millions of dollars in loans on three properties downtown, but he is behind on payments for three other buildings, including the W New York Hotel.
He bought 3 Columbus Circle, also known as 1775 Broadway, in 2004 and refinanced the property two years later, borrowing $250 million from Wachovia. Mr. Moinian wanted to convert the building to a first-class office tower, even as other developers were canceling plans for office towers on nearby sites.
He defaulted on that mortgage in January. Nine months later, Related bought the note and moved to foreclose, and Mr. Ross announced on CNBC that “there is a higher and better use for that property.” He added, “We are hoping to do something there.”
Although Mr. Moinian had spent $100 million renovating the building, including its new glassy exterior, Mr. Ross wanted to tear it down. He planned to put a Nordstrom department store in the base of a new skyscraper designed by a famous architect, with about 140 condominiums on the upper floors.
In the suit, Mr. Moinian claims that his lender and Mr. Ross scuttled leases with two potential tenants by insisting on a demolition clause, requiring the companies to vacate. He plans to ask a judge to let him pay off the mortgage while he and Related battle in court over damages and whether Mr. Moinian will be required to pay the $54 million penalty.
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http://www.nypost.com/p/news/busines...Ezi8pDG5QEmwAI
Site squeeze a real Circle jerk
By LOIS WEISS
October 27, 2010
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New York developer Joseph Moinian is suing Related Cos. and a group of lenders, accusing them of a "loan to own" scheme as he fights against a takeover of his newly renovated 3 Columbus Circle tower.
The suit, filed late Monday in Manhattan state court by lawyer Stephen B. Meister, accuses Related and the lenders of interfering with Moinian's business dealings at the Midtown office building, also known as 1775 Broadway, thereby making it "un-leasable."
Stephen Ross' Related, which owns the nearby Time Warner Center, bought the debt on the 26-story tower along with a unit of Deutsche Bank AG.
They sued last month to foreclose on the building, as Moinian missed payments last year.
Moinian has since made certain payments while he renegotiated the mortgage with special servicer CWCapital, also named in the lawsuit.
The suit seeks $600 million in damages and a stay of the foreclosure action.
Moinian also wants to be able to pay off the mortgage and have it transferred.
In addition, he is asking that defendants be barred from making "false and misleading" statements about the property.
Yesterday, Moinian and SL Green Realty Corp. announced the framework of an agreement to recapitalize the tower, a deal first reported in The Post.
The pact calls for Moinian to oversee the continued $100 million redevelopment and management of the 770,000-square-foot tower, with SL Green handling leasing.
SL Green will have a 49 percent stake and has agreed to provide backup financing.
However, for the SL Green venture to succeed, Moinian needs an injunction against the foreclosure action filed by Related's partner, German American Capital Corp., a division of Deutsche Bank.
The suit also names original lender, Wachovia; loan trustee, Bank of America; special servicer, CWCapital Asset Management; and Related, which bought the mortgage and then reassigned it to GACC.
Moinian paid $130 million for the tower in 2000 and began renovations shortly before the credit crisis hit.
He stopped making payments in 2009 but the suit claims that starting in January, he negotiated a complete restructuring of the mortgage and made over $22 million in "good faith" payments -- signing the agreement in June.
According to the suit, the lenders then received an offer from Related for the loan and "changed course."
They refused to countersign the agreement, and demanded six-month demolition clauses with no tenant reimbursement for a 33,000 square-foot lease with HQ Global Workplaces and a 77,000-square-foot deal with talent agency William Morris, thereby killing the deals. The building is 80 percent vacant.
The lenders also demanded full payment in March but then refused to accept a payoff or reassign the $250 million mortgage without a $54 million pre-payment charge that was so "bogus" it was not even requested in the foreclosure action that was filed in September, right after Related bought the loan, the suit claims.
Related's Ross has made no secret of his plans to take over the tower, demolish it and build an entirely new and larger tower with Nordstrom's in the base topped by luxury condos overlooking the American Folk Art Museum, Central Park and, of course, his Time Warner Center.
In a statement, Mark Walfish, counsel for Related Companies, said: "Our client believes that the lawsuit is totally without merit and is designed to attempt to excuse the borrower's default in its mortgage obligations.
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NEW YORK is Back!
“Office buildings are our factories – whether for tech, creative or traditional industries we must continue to grow our modern factories to create new jobs,” said United States Senator Chuck Schumer.
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