Columbus Center: RIP | Back Bay

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Re: Columbus Center

I also read in the Wall Street Journal earlier this week that the CEO of CalPERS was just forced out. They are in major turmoil.

I also heard from a high source that some foreign institutional money is in negotiations with Winn - obviously that's not a secret. Maybe there will be something to announce in the next few months...
 
Re: Columbus Center

Trinidad? Tobago? What foreign country do you think we're talking about?
 
Re: Columbus Center

In the BBJ Friday:

OFF CENTERThe Columbus Center project has stalled, leaving in its wake piles of dirt, idle
Boston Business Journal - by Mary K. Pratt Special to the Journal

It was a grand vision: a massive, ambitious development that would cap the Massachusetts Turnpike and transform seven acres in Boston's South End into a chic mix of homes, hotels, shops and parks.

Today, after a decade of planning and debates, the area is a dreary vista of cyclone fences, idle machinery, dirt piles and construction signs that were meant to be temporary but have become fixtures of the local scenery.

Columbus Center is in limbo, and no one knows when it'll emerge -- a victim of escalating project costs and stalemates over funding.

The project's developers and city officials urge patience, saying they're committed to seeing the project through. But no one is quite sure where to go from here. Neither does anyone have any idea of how this type of impasse could have been avoided -- or how such an impasse can be avoided on future projects.

"Could have, would have, should have -- it is what it is," said George Regan, founder of Regan Communications Group and spokesman for the developer, Boston-based WinnDevelopment.

John Palmieri, director of the Boston Redevelopment Authority, was to meet this week with WinnDevelopment managing partner Roger Cassin and hopes to gain a clearer idea of Columbus Center's future, as well as the main sticking points with the project.

"It's a very important and large project, and it took years for it to come together. The mayor supports this, and certainly (the developer) demonstrated good faith. But this has been a long and tedious process for them and us, and I think we owe them some time," he said.

Rep. Byron Rushing, D-Boston, whose district includes the South End, said he doubts "if we're going to learn enough to know how to prevent this in the future."

"I have no idea what's going to happen, and I think it's outrageous that we have a project that has essentially prevented any other proposal for air rights in the South End to come forward because they have complete development rights over this land," he said.

According to approved plans, the Columbus Center calls for a variety of buildings, ranging from four to 35 stories high; they'll hold condominiums, including some affordable housing units, a hotel, a parking garage, retail space and parks spread over seven acres on four parcels.

WinnDevelopment recently obtained an 18-month moratorium on construction. Spokesman Alan Eisner squarely put the need for the construction moratorium on funding, and he singled out the state's decision on its committed monies as part of the problem.

"(Site work) did begin in anticipation of receiving all of our funding from the state, but that did not materialize, and our key investor decided without those state funds it didn't make any sense to move forward," Eisner said.

Some question these assertions, noting that the public money committed to the project represented a small percentage of the overall price tag.

"They say they needed the state piece to come together first to get other equity and financing in place, and that may be true. But it shouldn't have been the breakdown point. It's an $800 million project," Palmieri said.

The city of Boston committed about $15 million to the project through tax increment financing, a form of bond-financed funding. Palmieri said the TIF funding is still there, but WinnDevelopment has to demonstrate that all the other financing is in place before it can receive the money.

State financial commitments are in a similar spot -- not pulled but not ready to be handed over. The state had awarded a $10 million Massachusetts Opportunity Relocation and Expansion Jobs grant last year on a preliminary basis, subject to a second round of consideration. But given the delay in construction, the state has decided it will not award the money at this time, said Kofi Jones, spokeswoman for the Executive Office of Housing and Economic Development.

"The administration decided that it would be the best use of the funds to redirect them to projects that were prepared to move forward and provide economic development and job growth in the immediate future," she said, stressing that the developer can reapply for grant money in the future.

Likewise, MassHousing, which had committed $20.6 million, decided it could not close on the loan at this time but said in an official statement that the commitment is still there.

Regan said these were just factors in a "perfect storm of financial disaster" that prompted the need to delay construction.

WinnDevelopment is partnering with the California Urban Investment Partners -- a joint venture of California Public Employees Retirement System and Johnson/MacFarlane Partners -- on the Columbus Center project.

Eisner, who also works at Regan Communications Group, said other factors were at play, too, citing the fact that the project's estimated cost rose from $350 million to $800 million over the 10-plus years it has taken to get this far.

The rising cost of construction has long been an industry concern and will probably not abate any time soon.

Last month, the Associated General Contractors of America said the producer price indexes for materials used in all types of construction -- as well as such items as diesel fuel -- rose 2.1 percent in March, propelled by a 24 percent increase in diesel fuel costs and as 5.5 percent rise in prices for steel mill products.

"Certainly over the past several years the cost of construction materials has been increasing dramatically because of the global economy," said Robert L. Petrucelli, president and CEO of the Association of General Contractors of Massachusetts, a Wellesley-based trade association. "So when you have a project that starts and stops again, the original price estimates aren't holding, and that's where a project could get into trouble," he said.

He also noted that other projects, mostly in the retail and hospitality sector, have been delayed due to overall economic climate today.

Rushing questioned whether there was adequate transparency on the project's financial details from the start. And he wondered whether the developer early on miscalculated how expensive the project would be.

"The only thing that has happened during this limbo is every time the developer has asked for something we find out something we should have known from the beginning," he said. "And I don't think anything is going to change in the process unless this thing collapses. I think the developer owns too much, he owns all the approvals, all the permitting."

http://www.bizjournals.com/boston/stories/2008/05/05/focus1.html?b=1209960000^1629232&page=1
 
Re: Columbus Center

Can we put a moratorium on the use of the phrase "perfect storm", please god?

I'm not being sour grapes to say that it's probably true that no developer could have pulled this off, given the amount of money at risk, the sources of income available, the length of construction.

I don't think any other developer was waiting to jump in to take Winn's place. Does anyone know otherwise?

They weren't waiting to make bids before, they certainly aren't waiting for Winn to fail so they can jump in afterward. No?

Don't be too harsh on the NIMBY neighbors. This could have happened with the criticism, it is failing due to empty pockets, not them, in my opinion. Yes, it may have extended the building process, but everyone else seems to make it work.
 
Re: Columbus Center

Jimbo, I have to take issue with your statement regarding the lack of progress on Columbus Center: "everyone else has seemed to make it work." I guess that depends significantly on your definition of "everyone" and "work."

What effect has the interminable approval process had upon the South Boston waterfront? How about One Kensington? Harborview? North Point?
 
Re: Columbus Center

Kensington has been approved and permitted for years. So has North Point.
 
Re: Columbus Center

Yes, they are all permitted, but they took years to move through the process. Kensington missed the height of the market and had to make so many concessions that the project became unfinanceable. Similarly, North Point didn't begin construction until the market was at its apex because the process was so bloody long. The Seaport would have been fully developed ten years ago if the process didn't cause developers to miss two real estate cycles.
 
Re: Columbus Center

Seems that the persistent cyclical nature of real estate markets would provide a hell of an opportunity for a development/finance team with the money and the moxie to break ground on an ambitious project when 'the market' is way down . . .

Contractors, laborers, and perhaps even materials would likely be easier to come by for less money since similar activity is presumably slow.

And, by the time market conditions are back on the upswing, construction is wrapping up and viola, people/businesses are lining up to fill your new building.

Does this actually happen more than I realize or is the fear of mistiming an upswing sufficient deterrent to keep large-scale projects built out only during an up market--even though the construction may outlive a market cycle?

Would those of us with more of an understanding/some formal education on this topic kindly indulge me with any commentary on the above?
 
Re: Columbus Center

the city awaits you, Columbus Center

img5113cp0.jpg
 
Re: Columbus Center

With fear of sounding pretty niave, why are air rights projects so complicated and take so long to complete? Is there a transfer of liability that needs to be overcome?
Is the cost to purchase the rights to prohibitive? How do they determine the price for each parcel?
And KZ....thanks for all the pics!
 
Re: Columbus Center

Unfortunately, there is a herd mentality in the banking industry and as a result, it is very often difficult if not impossible to get financing for projects as the market grinds through the troughs of the real estate cycle. Of course that is generally when the wisest investments are made.
 
Re: Columbus Center

. . . no developer could have pulled this off, given the amount of money at risk, the sources of income available, the length of construction

That?s not so. Projects this size and larger have succeeded, in Boston, and elsewhere. Cost, funding, and construction duration are a problem only for developers that lack the skill, experience, and honesty to finish proposals that are master-plan-compliant.

The proposal approved in 2003 was subsidy-free, but California now demands an array of city, state, and federal subsidies to pay its costs and profits. Their latest subsidy applications show private sale/rental revenue exceeding total cost, and yielding good profit, by a healthy margin ? without any subsidy at all.

So, either those applications are fraudulent, or else the subsidies are truly unnecessary. As Representative Rushing said last week, ?every time the developer has asked for something we find out something we should have known from the beginning.?
 
Re: Columbus Center

I don't think any other developer was waiting to jump in to take Winn's place . . . they certainly aren't waiting for Winn to fail so they can jump in afterward.

That ?no one else wanted this? is a notion often mentioned on this forum, assumed around town, and believed by some to be true because they know nothing different. And the Winn team perpetuated the idea with their ?We?re the city?s only hope? theme.

But it is a myth. It?s untrue.

Instead of following its charter and adhering to normal state procurement/disposal procedures, MTA gave Winn exclusive, perpetual control over the property in 1996, with no formal proposal, no competitive bid, and no public hearings. MTA also promised to refuse and turn away all other competitors so long as Winn remained interested.

Consequently, no one will ever know how many other developers were interested, or what they would have proposed. Whoever may be interested in the future, and whatever they might propose, now has been permanently degraded by the Winn team making a 13-year mess of everything, and then blaming everyone except themselves.
 
Re: Columbus Center

. . . why are air rights projects so complicated and take so long to complete?

Neither the buildings above nor the tunnels below are complicated; there are successful examples of each that developers can imitate. Air rights projects, do not, by definition, take much longer to complete than other projects of equal size. And, remember that the historical time line for California?s Columbus Center shows only 3 years for public process, but 10 more years that the developer never explained.

1996 - 2000 - developer planning
2001 - 2003 - public process hearings
2004 - 2008 - developer planning

The single biggest known delay at California?s Columbus Center has been the many controversial attempts to obtain public subsidies for a project that was proposed and approved as subsidy-free. And those attempts are continuing.
 
Re: Columbus Center

Is there a transfer of liability that needs to be overcome?

That?s an excellent question, and it hasn?t been asked often enough about this proposal. As I?ve explained on this forum several times since last August, yes, there are huge unresolved liabilities compared to other projects, but no, they aren?t consuming time or money ?to be overcome? because they can?t be overcome.

There are extraordinary insurance, financial, and legal liabilities that are permanent and non-negotiable, and that can render the condominiums un-sellable, because the condominium owners are privately liable for the design, construction, and 99 years of inspection, maintenance, calamity insurance, and error-and-omission insurance on Columbus Center?s privately owned railway and roadway tunnels. The developers and state officials admitted that these costs are real, and that the amounts remain unknown.

In addition, Boston?s air rights condominiums are subject to whatever future policies the MTA decides to adopt, including state and federal mandates regarding inspection, repair, upgrade, and/or replacement of privately owned public tunnels every 40 years or so, like the Hynes Convention Center?s repair/replacement of its own tunnels starting later this year.

The details are available in:
■ the 99-year lease (3,344 pages);
■ MTA tunnel inspection protocols for privately owned public tunnels (18 pages); and
■ ?Loophole could sink future owners of condo complex? in Massachusetts Lawyers Weekly / Exhibit A, 27 November 2007 (4 pages).
 
Re: Columbus Center

Is the cost to purchase the rights to prohibitive? How do they determine the price for each parcel?

At California?s Columbus Center, the 99-year tenants (initially the developers, then the condominium owners) are responsible for 12 forms of payment/reimbursement to MTA. Each rent payment goes by a slightly different name, but from a business perspective, anything a tenant owes to a landlord can be considered a form of rent. The 12 rents are:

1. ● base rent
2. ● limited profit-sharing rent
3. ● unlimited profit-sharing rent
4. ● residual rent from condominium re-sale commissions
5. ● lease rent on unsold, rented condominiums
6. ● tunnel cost rent (design, construction, inspection, preventive maintenance, repairs, upgrades, developer?s error-omission insurance, and owner?s tunnel collapse liability insurance)
7. ● ventilation rent (ventilation system, life safety system, wind tunnel tests)
8. ● tunnel construction savings rent (profit-sharing from cutting tunnel quality and cost)
9. ● MBTA rent
10. ● market adjustment rent (for delays between finishing the tunnels and starting the buildings)
11. ● guarantee rent (cost of bonds for construction, payment, performance, and liens)
12. ● MTA cost rent (engineering, legal, and other tenant-related expenses incurred by MTA)

By MTA charter and by state policy, each parcel is supposed to be rented for at least its 99-year fair market value. Although MTA and California signed their lease over two years ago, no one in state government has ever calculated 100% of the total rent. And since California defaulted on the lease right after signing it, all rent costs remain in negotiation, and un-published.

How that affects the state, the developer, and the public remains to be seen. Opinions about whether the rent is generous, fair, or prohibitive can?t be made until the amounts are announced.
 
Re: Columbus Center

Though I agree with very little that Ned Flaherty has written on this board (especially his most recent contention that air-rights projects are neither more complicated nor costly than conventional developments- a statement which any person posessing half an ounce of common sense would know is false) I am happy to see that the didactic cudgel of the question and answer format has been curtailed.
 
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Re: Columbus Center

Though I agree with very little that Ned Flaherty has written on this board (especially his most recent contention that air-rights projects are neither more complicated nor costly than conventional developments- a statement which any person posessing half an ounce of common sense would know is false) I am happy to see that the didactic cudgel of the question and format has been curtailed.

I am glad that Ned is back from his vacation. I hope that it was somewhere warm and fun, and that he is well rested so that he may battle the board dragons.
 
Re: Columbus Center

"California?s Columbus Center"

Hi Ned --

I'm curious about the incessant repetition of the word "California" in your posts about Columbus Center. We're all aware that CalPERS was intimately involved in the financing of this project, but the tone and repetition seems to reference something else. Do you bear some animosity against the Golden State or its public administration?

Just curious...
 
Re: Columbus Center

There are extraordinary insurance, financial, and legal liabilities that are permanent and non-negotiable, and that can render the condominiums un-sellable, because the condominium owners are privately liable for the design, construction, and 99 years of inspection, maintenance, calamity insurance, and error-and-omission insurance on Columbus Center?s privately owned railway and roadway tunnels. The developers and state officials admitted that these costs are real, and that the amounts remain unknown.

posted on 3/30
5. California wants 9 subsidies for $116 million. ?
_____California now blames the need for subsidies on ?rising costs? but subsidy applications show that projected revenues and profits rose even farther and faster than costs, and that California reaps very high profit even if there are no subsidies at all: revenue of $1,146,096,618, less cost of $800,000,000 = profit of $346,096,618



This makes no sense. How can un-sellable condo's make a profit of $346,096,618?
 
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