- Extell Development Co. Plan
- UNITY Community Dev. Plan
- Community Design Principles
- Agreements
- Contact Elected Officials
- Economic Analyses & Documents
   > IRS Bond Regulations
- Environmental Documents
- Legal Documents
   > Eminent Domain Lawsuit
   > EIS Lawsuit
   > MGPP Lawsuit
   > MTA Lawsuit
- Letitia James Remixed
- Letters
- Memoranda of Understanding
- News Articles/Commentary
- Position Papers
- Times Report
- White Papers
- MTA RFP & Appraisal
tel/fax: 718.362.4784

Please note our new postal address when sending contributions to the legal fund:
121 5th Avenue, PMB #150
Brooklyn, New York 11217

-No Land Grab.org
-Atlantic Yards Report
-The Footprint Gazette
-Brooklyn Matters
-Brooklyn Views
-The Brooklyn Papers

-New York Games.org
-Field of Schemes
don't destroy

BROOKLYN     Press Release Main Page

For Immediate Release: November 19, 2009

DDDB to Comptroller DiNapoli:
Paterson, Silver, Sampson Must Review and
Vote on Atlantic Yards Financing

PACB Role is to Prevent
The Kind of Reckless Borrowing
Envisioned by the Ratner Project

NEW YORK, NY — Develop Don’t Destroy Brooklyn (DDDB) sent a letter to State Comptroller Thomas DiNapoli, State Senator Bill Perkins and Assemblyman Richard Brodsky (each chair committees on public authorities) explaining in detail why the Public Authorities Control Board (PACB) needs to convene and vote on whether to approve the Atlantic Yards project’s financing.

The 3-member PACB is comprised of appointees of Governor Paterson, Speaker Sheldon Silver and Majority Leader John Sampson. PACB votes must be unanimous.

In sum the letter, provided below explains that the financing, cost, revenue model, design and construction timeline of Forest City Ratner’s Brooklyn Atlantic Yards project have changes so substantially since the PACB voted in December 2006 that new analysis and a new vote is required.

The letter also explains that the PACB must vote to approve the $700 million Barclays Center arena bond before it can be issued. Ratner has an end-of-year IRS deadline to issue the tax-exempt bond.

DDDB explains "The PACB was formed specifically to guard against reckless borrowing by the Empire State Development Corporation that could result in defaults and place the State in a moral obligation to support the bonds."

"Allowing the vastly altered Atlantic Yards financing to go forward without a review and vote by the PACB, would be not just reckless in the extreme, but illegal" said DDDB spokesman Daniel Goldstein. "The Governor, who is so concerned about the State’s precarious financial situation, should convene a review of the Atlantic Yards financing and do due diligence to determine if the project’s borrowing makes any sense. The Comptroller, Mr. Brodsky and Mr. Perkins should make sure this happens."

[Download letter here]

The letter was sent on the same day an agreement was reached in Albany on long sought after public authorities reform. The NY Observer quoted Assemblyman Brodsky who sponsored the reform act:
"[Public authorities reform] idea that is about the control of rogue institutions. I've called them Soviet-style bureaucracies. This is the end of that era," Brodsky said. "For people worried about debt reform or who are worried about secretive decision making or who are worried about people taking political orders and about people lobbying without disclosure."
The DDDB letter to the Comptroller and legislators follows in its entirety:

Re: Bond Approvals for the Atlantic Yards Project

Dear Comptroller DiNapoli, Senator Perkins and Assemblyman Brodsky,

The Empire State Development Corporation’s Brooklyn Atlantic Yards project has undergone substantial financial, revenue model, design and construction changes since it was first approved by the Public Authorities Control Board (PACB) on December 20, 2006.

The relevant sections of the Urban Development Corporation Act require PACB resolution of approval prior to entering into any project-related financing.

The PACB may approve applications only upon its determination that, with relation to any proposed project, there are commitments of funds sufficient to finance the acquisition and construction of such project.

Since the time of the 2006 approval, the ESDC has issued and approved a Modified General Project Plan, the MTA and FCRC have struck a new deal for the sale of the MTA Vanderbilt Yards to the develope and, as per the above, the arena financing, along with the rest of the project has been radically altered.

This mandates a new PACB review for Atlantic Yards as the changes since 2006 raise serious questions about the availability of funds to finance the project. The tax-exempt arena bond, which has yet to be issued—but is scheduled to be authorized on Tuesday, November 24 is of specific and urgent concern. These bonds are technically non-recourse to the State, but it is generally understood that should a default occur the State and its taxpayers will be on the hook. The PACB was formed specifically to guard against reckless borrowing by ESDC that could result in defaults and place the State in a moral obligation to support the bonds.

There is no way for the PACB to know if the current Atlantic Yards proposal is financially sound and feasible.

Since December 2006 the following substantial changes have occurred:
  • The Project was approved at $4 billion is now at least $4.9 billion.

  • The arena price tag shot up from $637 million to $900 million.

  • In 2006 it was uncertain what the amount of the arena bond would be, but it is now at least $700 million.

  • It is unknown if or when housing bonds will be available for the project’s proposed affordable housing component.

  • Financing agreements were signed more than one year after the 2006 PACB approval and new financing agreements are reportedly still under negotiation. Both these old and new agreements have never been vetted by the PACB (or the Comptroller).

  • It is unknown what rating the arena bond may get, but it has been reported that FCRC is having trouble getting a credible rating.
Changes in the project revenue model:
a. The number of arena luxury boxes has been substantially reduced from 170 to 100 since the 2006 approval. It is unknown what the rental of these suites would be since the economy has changed, but in 2006 FCRC projected a range of $58,000 to $580,000 and KPMG, in consultation, projected a range of $65,000 to $450,000.

b. Whatever the suite rental projection is now, the total number of suites would be reduced by 41%, and a reduction of suite revenue would be at least 41%.

c. The suites went on sale on May 5, 2008, since that time, over 21 months, only 20% have sold according to Nets President Brett Yormark.

d. The new Yankees and Mets stadiums having major trouble filling expensive seats and suites, and their bond issues have been devalued. The Nets are not nearly as popular and beloved as the Yankees and Mets.

e. The terms of the Barclays naming rights deal are unknown. At the end of 2008 Barclays and FCRC reportedly renegotiated the sponsorship, which had previously been reported to be either $300 million or $400 million. This revenue stream is not publicly available.

f. There is an unknown timeline for construction of the project, the sale and cost of condos, and the leasing and rents of rentals.

g. It is unknown if the commercial office building will ever be built, and whether the income from it, will ever be realized.

h. Assumptions about the housing market, condo sale prices and rental prices were made at the height of the real estate boom/bubble, assumptions that could only make sense if there is another real estate boom/bubble throughout the life of the project.
In 2006, the PACB had the benefit of a report from KPMG, which attempted to review the revenue and income assumptions supporting the project. KPMG found that the FCRC’s projected internal rate of return (IRR) was overly optimistic and reduced the likely IRR, but nevertheless found that the project was economically feasible, despite the fact that many of FCRC’s income projections were on the optimistically high side.

There has not been any new analysis by KPMG or anyone else about the current feasibility of the project given the enormous increase in construction costs, reduced revenues and extended project timeline. Moreover, in 2006, the PACB only approved the issuance of approximately $100 million in bonds and did not authorize the approval of the approximately $700 million required to finance the arena. The December 2006 PACB resolution, and a subsequent April 25, 2007 affidavit by Todd L. Scheuermann (at the time the Governor’s designated representative to the PACB) made it clear that the PACB only approved the $100 million bonds associated with infrastructure improvements and approved a revenue stream associated with ESDC acquiring title to the real estate necessary for the project. The PACB has never approved the issuance by an ESDC subsidiary of bonds for the arena construction.

These are just some of the changes impacting the questions of project finance and feasibility. Clearly the financing structure, the figures and the overall economy are far different today than they were in 2006.

The PACB needs to convene to vote on the project again if ESDC is to be permitted to approve a new bond issue. Given the current dire financial circumstances facing the State, as Comptroller and Committee chairs with oversight of the ESDC, we urgently ask for your concerted effort to make this happen to force compliance with the law and to assure that ESDC does not issue moral obligation bonds without doing the necessary due diligence.

Jeffrey S. Baker
on behalf of Develop Don’t Destroy Brooklyn, Inc.

DEVELOP DON'T DESTROY BROOKLYN leads a broad-based community coalition
fighting for development that will unite our communities instead of dividing and destroying them
DDDB is 501c3 non-profit corporation supported by over 4,000 individual donors from the community.