Riverwalk hits a snag....
from the Press Herald:
Portland fears lawsuit could derail parts of Riverwalk plan
The contested ownership of a parking garage might jeopardize commercial and residential projects in the East End.
By KELLEY BOUCHARD, Staff Writer
June 19, 2008
The Ocean Gateway parking garage project is nearing completion, and city officials say they have been assured it will open early next month.A partner's lawsuit might jeopardize plans by Riverwalk LLC to build a $100 million residential and commercial development in Portland's East End.
The lawsuit contests ownership of a 720-space parking garage, construction of which was sought by the city to spur redevelopment on the eastern waterfront.
Portland officials say Riverwalk partners have assured them that the $12 million parking garage is nearly finished and will open by early July.
But city officials say they are concerned that a disagreement between the developers and their financial backers may further delay or derail the remainder of the project, which includes 116 luxury condominiums, a five-story office building and a 40-unit apartment building.
"This project is really the centerpiece to the redevelopment of the eastern waterfront," City Manager Joseph Gray Jr. said Wednesday. "We understand that the real estate market is down, but we certainly hope they can resolve this lawsuit in a timely manner and resume their project as planned."
Fred Forsley, owner of Shipyard Brewing Co. and a partner in Riverwalk, filed the lawsuit against his Riverwalk partner, Drew Swenson, and Intercontinental Real Estate Corp., the Boston firm that agreed to finance the project. The suit was filed March 27 in Cumberland County Superior Court.
In the lawsuit, Forsley claims ownership of the parking garage, which is being built on brewery land at Middle, Hancock and Fore streets. A purchase agreement signed in September 2006 identifies Forsley as the future owner of the garage, according to the lawsuit.
Forsley disputes a Dec. 6 memorandum of agreement, signed by Swenson and Paul Nasser, Intercontinental's chief financial officer, which they claim changes the terms of the purchase agreement.
The memo conveys 95 percent of Riverwalk's assets to Intercontinental and gives the Boston firm 50 percent ownership of the parking garage. Forsley claims he never authorized the action outlined in the memo.
Forsley declined to comment Wednesday but his attorney, George Marcus of the Portland law firm Marcus, Clegg & Mistretta, issued a written statement.
"Mr. Forsley is not in a position to comment on the allegations of the complaint because of the pending litigation," Marcus wrote. "The issues raised by the complaint should not be interpreted as any lessening of Mr. Forsley's long-standing commitment to the successful development of the Ocean Gateway area in Portland. Mr. Forsley looks forward to being an integral player in this important development process."
Marcus said no court date is pending on the lawsuit.
Swenson and Nassar didn't return calls for comment.
The Portland City Council selected Riverwalk to build the parking garage through a competitive bidding process that attracted three other proposals. The garage was planned to serve the Ocean Gateway cruise-ship terminal, which opened in May, and other redevelopment anticipated on the eastern waterfront.
The Riverwalk plan covers a four-acre, two-block area that includes an acre of former city land at the extensions of Commercial and Hancock streets. The council agreed to sell the city land to Riverwalk for $885,000 in 2005.
The deal included a special zoning contract and a $5 million property tax break over 13 years. The city started rezoning the area in 2001 to promote commercial and residential redevelopment.
Gray said Swenson informed city officials last week that a management company has been lined up to operate the garage and that it will open around July 1. According to a lease agreement, 310 spaces in the new garage will be available to islanders.
However, island representatives say they've had little success contacting the developers to secure spots in the garage. They also say many of their neighbors cannot afford a monthly rental rate that's expected to top $100 per space.
In the past, islanders paid $50 to $75 per month to park on vacant city land that's now part of the Ocean Gateway complex.
"Many of us are beginning to feel the squeeze of this recession," said Michael Langella, chairman of the Peaks Island Advisory Council. "We already pay about 30 percent more for everything, and now this. Our way of life is increasingly under threat."
On Monday, the council approved a plan to issue parking stickers to islanders so they can park for free in 55 parking spaces on Thames and Hancock streets.