"Toxic mud fight" awaits City if they betray Millennium, says developer

Post by Mike Klassen in

14 comments

gregor-leed-platinum
Mayor Gregor will take credit, but no blame, for his part in the Olympic Village fiasco

Developer Rob J. Macdonald has a way with words. Early last year he incensed several NDP supporters with a speech where he compared BC's labour-friendly party to the worst aspects of the global economic meltdown in 2008. In a report by TheTyee.ca's Monte Paulsen, Macdonald stated in a UDI speech that:

...the New Democrats are a party beholden to “big public sector unions” that have been “taken over by a mixed bag of Marxist, Leninists, Trotskyites, Maoists and Castroites.”

Macdonald's flare for stating the obvious continued this weekend in an enjoyable essay printed by the Vancouver Sun titled How city hall messed up Millennium Water. The digital version of the paper unfortunately deleted the section where Macdonald's column ran, perhaps limiting the audience for this important disputation of what caused the Olympic Village headache. Therefore we'd like to share Macdonald's words below, with minor notations and emphasis on our behalf.

How city hall messed up Millennium Water

By adding millions of dollars to the cost unnecessarily, Vancouver created the problem that it's trying to get everyone else to solve

by Rob Macdonald

The financial problems with the Olympic village project have not all been caused by the developers, Peter and Shahram Malek, who seem to be taking all the heat from both the media and current Vancouver councillors.

These criticisms are being levelled by people who are either unfamiliar with, or wish to ignore, all the facts surrounding the development on False Creek.

When Mayor Gregor Robertson asked me and several others to review the affairs of the Olympic village last year, I took my investigations seriously and a number of things came to light that are important to put on the table to provide some measure of historical context and balance to the discussion.

Members of the UDI (Urban Development Institute, Vancouver chapter of which Macdonald is a director) were all beckoned by Gregor Robertson in January 2009 as part of a problem-solving strategy to deal with the Olympic Village financing. Robertson and Vision Vancouver had successfully used a leaked in-camera document to distract from Gregor's fair evasion embarrassment. In the final ten days of the campaign Vision used the lender Fortress' struggles as a bullwhip to beat the NPA.

1. After the city committed to building the athletes' village for the 2010 Olympics two administrations ago, municipal staff waited too long to get the project underway. These delays created a host of costly problems, which were ultimately dealt with by the developers' company, Millennium Development Corp., to get the project completed on time.

These delays and the resulting costs were not the developers' fault, yet the city assumed they would bear the costs which were then supposed to be magically passed on to buyers.

By "two administrations ago" Macdonald is talking about the COPE/Vision (2003-2005) council led by Mayor Larry Campbell, who eventually broke away from his caucus to form a new party, eventually named Vision Vancouver. Campbell bailed to accept a Senate appointment from Prime Minister Martin, and left Jim Green, Raymond Louie, Tim Stevenson to team up with George Chow and Heather Deal to form the basis of the new party.

By stating that "municipal staff waited too long to get the project underway" Macdonald is likely referring to the nearly one-year delay caused when COPE/Vision created a new official development plan with the help of Director of Planning Larry Beasley.

2. The city delivered the development site with contaminated soil. Though the city would normally be responsible for cleaning up the soil on its own property, the developer was forced to pay more than $20 million to remove the contaminants. That process caused a further delay in construction of at least three months, which in turn led to higher costs because of overtime for workers.

This is a fascinating revelation. According to our sources, city council was not made aware by staff that contaminated soil still existed on the former industrial site. This may be disputed, but it has not appeared in any dialogue about the project that we've read in the past several months.

3. The project's late start created a situation in which the development was being built at the same time as it was being designed. The city also imposed the highest possible "LEED Gold" environmental standards of design after the developer had been enticed into the deal based on the lower "LEED Silver" standard.

The rushed construction and the scope of environmental changes imposed by the city resulted in massive cost overruns that would have been impossible for any developer to control.

Another fascinating detail from Macdonald that we're still trying to discover the timelines on. Who made the decision to go from LEED Silver to Gold and when? Was city council even made aware of this change of designation? We know Gregor Robertson pushed to make the site qualify for LEED Platinum status (see photo of him collecting the award for it in February 2010), but it's not clear how much additional cost to the (nearly) finished project this caused if any (besides inflating Robertson's ego of course).

4. The project's late start and Olympic-related complications contributed to a transaction structure that made the project almost impossible to finance on normal lending terms. As a result, the developer had to seek out financing that bore a high interest rate that added probably another $50 million to the development. Normally, a project would be fully designed and costed out, then pre-sold to the public and financed at normal bank rates of interest, which are now about three per cent. The city threw standard development procedures out the window and the developers had to bear the extra costs.

The additional delays by COPE/Vision on the ODP pushed development timelines to their limit, and right into one of the time of some of the City's highest costs for labour and materials just ahead of the 2010 Games.

5. With all the additional costs foisted on the developers, the project's basic hard construction cost ballooned to about $450 per square foot compared with other large-scale developments that were being built at the same time in the normal marketplace at about $300 per square foot.

The environmental and construction acceleration costs (picture men and women working 24 hours a day, seven days a week, incurring massive overtime charges) caused at least $125 million in extra costs. When one adds the additional interest that was paid because of the deal structure, the additional financial burden on the developers approaches $175 million.

6. Once the city took over the project financing, it in turn borrowed the money at an interest rate of about 2.5 per cent. Even though the city was substantially responsible for many of the project's cost overruns due to timing and environmental delays, it would not pass all the interest savings on to the developer. When I suggested to the city that this would be a fair thing to do, I was summarily rebuked.

It is worthwhile to also note that when the city now says that the developer owes more than $560 million in debt including accrued interest, you have to remember that what the city owes to its own lenders is probably $30 million less than that, because the city's incurred rate of interest is much less than the developer is being forced to pay the city.

7. The developer had to endure a host of issues associated with the Winter Games, which affected more than just the costs. For instance, the sales program had to be essentially halted for security reasons just when a world of customers had come to visit. And, of course, during that time the city's interest clock kept ticking.

We forget that the City had shut down the Village for security reasons. We weren't even allowed to distribute video taken during a tour of the site in October 2009, which was then a hot property because so many were interested in this fascinating new development. Then city council delayed their decision on the social/rental housing mix until after the Games ended – a big mistake in hindsight. This created further confusion and delay in getting those units occupied. It became infinitely worse when Geoff Meggs proposed that unionized workers get first dibs for those rental units.

8. Some people at city hall have been saying things about the development that have substantially damaged the project's salability and brand reputation -- something that no sensible lender would do.

"Some people at city hall have been saying things..." That "person" is Mayor Gregor Robertson who in early 2009 referred to the Olympic Village as a "train wreck" that citizens would be "on the hook" for. No other public statement has caused more damage and hurt the value of this taxpayer asset more than Mayor Robertson's words. In fact, Gregor Robertson's comments may have been the most expensive blooper in the history of the City of Vancouver. Macdonald later suggests that Robertson's reckless comments may have cost Vancouver taxpayers $130 million worth of value on the project.

Peter and Shahram Malek did an incredible job getting this project delivered on time for the Olympics after facing every possible obstacle. To wholly blame them for the project's financial difficulties is neither right nor fair.

So what is the real financial condition of this project? The value of the market condos after paying sales commissions, marketing costs and further interest charges is about $500 million. In addition, the extra residential rental tower and the commercial space in the project are together worth about $70 million, so the total net asset value is about $570 million.

The city now owes about $530 million on its debt, so the surplus of about $40 million could be applied to the remaining purchase price for the land on which the developer purportedly still owes the city $170 million.

If the city works with the developer and does no further harm to the project, now called Millennium Water, the city will pay off its debt and receive another $40 million attributable toward the land sale, which would be a positive outcome. Though the city would receive about $130 million less than the original land sales price, it will get about what it deserves, given its costly conduct.

In other words, Gregor Robertson better button his lip unless we want to take a bigger bath.

Unfortunately, the developer is facing a loss of all its equity investment of about $60 million, and though the city now wants the Maleks to kick in more money, that would be plainly foolish.

If the city thinks it can sue the developer for the balance of the land price originally owed, then the biggest construction litigation case in British Columbia's history would probably ensue. That would only enrich the lawyers, damage the project further and dredge up so much toxic mud that city hall would be shaken right off its murky foundations.

Of course, the mayor realizes that this all could become politically explosive and he is understandably trying to distance himself and his political colleagues from any culpability. However, if a major legal battle ensues then it will be impossible to avoid all the flying mud, particularly when city officials have said things that have damaged the project's reputation and sales.

City staff and council should take the advice of experienced real estate professionals, such as the very capable Bob Rennie, and get all inexperienced hands off the tiller. The litigation lawyers should be kept away from the deal.

Millennium Water is one of the finest environmentally conscious projects ever built. It is located in a beautiful spot in one of the world's greatest cities. It will prove to be tremendous success in the long-run. All it needs is experienced calm hands to guide it through the selling stage. Peter and Shahram Malek are decent, award-winning developers. They deserve to be treated with respect and handed a silver medal for delivering the project on time for the Olympics despite all the difficulties they faced.

Macdonald ends on an upbeat note, but not without a stern warning to Vision Vancouver. Do not even THINK about dumping Millennium as the developer unless you want to begin a legal apocalypse. This project will eventually sell itself as long as the Mayor and his Vision attack dogs go chew on another bone elsewhere. Let's hope that happens.

+++

Just a quick note on a related subject. Last Friday Allen Garr got a clearly angry Bob Rennie on the phone in London, UK to talk about how pissed off he is at Michael Geller. The attacks by Vision and their proxies – Garr and Jim Green – are a mere taste of the viciousness that awaits anyone who threatens Robertson & co. Geller is simply another addition to the Vision Hit List.

Bob Rennie is a smart and accomplished Vancouver original. He's also from the Eastside which makes him alright by me. However, Bob is just plain wrong to blame Geller for his woes. As Macdonald so plainly points out, the problem started well before Michael weighed into this muck.

Rennie has been highly successful so far by placing his support evenly between Vision and the NPA, and avoiding making public political statements. We're not sure if he's just getting bad advice, or has been influenced by partisans in his midst, but we hope that the old Bob Rennie – who's smart enough not to make political statements on the record to media – is resurrected soon.

Not just for the NPA or Vision, of course, but for everyone with a stake in the success of the Olympic Village.

- post by Mike

14 Comments

Any person thinking that this project
Millenium Water will right itself needs
to attend economics 101 for beginners &
jokers , clearly Rob Macdonald is such
a joke.

Good story Mike. Starts me off on a tangential thought however: is it just me who thinks that Jim Green is being groomed to take over from Gregor in the next election? So that all of us in BC can benefit from Gregor charging in to become the next Premier?

@Michael, Macdonald is suggesting that Vancouver will take a $130m haircut on the project. Let's hope that it's not more than that.

@Wesley. Mayor Jim Green, eh? Yeah, he might be needed to break up the fight between Louie and Meggs over who gets the prize when Gregor goes.

so if this project loses less than $200mil, could it not just be viewed that the city donated the land the same way they would for a park?
Is it really a loss?

Interesting thought Wes,
I guess Aaron Jasper can stop licking his lips in anticipation....

MacDonald has said it like it is, as has Geller from his perspective. The bottom line is what are the costs & benefits of various options available to minimize the City's loss?

MacDonald has clarified the history & those significantly responsible. Geller has put forward a solution. The City says his solution doesn't fit into their ideological puzzle. So, what's their solution? And, their solution or, anyone else's has to minimize the financial loss & down the road exposure of the City & its taxpayers.

@rf: In the past the City has donated the land for social housing projects to provide shelter for the disadvantaged.
In this case they would be donating the land for some of the most expensive condos in the country, condos which will only house the wealthy.
The $200 million loss could have been invested in the construction or operation of hundreds of units of social housing and made a real dent in homelessness.
But no. Instead we have Council panicking and looking for a scapegoat. By all means, let's put these clowns in charge of the provincial budget.

I took a quick stroll through there at lunch last week. It's a ghost town.

@landlord; that's kind of my point. I big chunk of the extra cost is because of the social housing.

I'm just saying that if the land was designated park space, it would be worth zero.
Arguably, Millennium overpaid and the land was only worth $100mil anyway.

And if the legacy of the Olympic Village was that the city had to give away a parcel of land to put it on..... it's not really the end of the world. Heck, the land was contaminated when they handed it over.

Perhaps Robertson and gang can use the units to house the cycling delegates that will be coming here for the Velocity conference in 2012.

Landlord: The City has generally not given the land away, but placed it on long term leases. So, yes, the City loses the potential value of the site, but still owns it for when it makes sense to do something else with the site.

The only way to get rid of the Olympic
Village mess and the so called Millenium Water Development is to put a
sale of the Units , all remaining units
in Shanghai and Hong Kong for $ 450 per
square foot and be rid of this mess !!
Otherwise the way things are going in Seatle and elsewhere there will be no light at the end of this tunnel !!

So, in other words you want to sponsor 'communist' Chinese millionaires on Canadian taxpayers money. Isn't that nice? We build, we pay, they move in, for half the price. Wow! I have a better idea, let's all move to China, and start building a city we'll call...Vancouver. And everyone there will give us free land and credit...and then will call that city the best city in China and then all the Chinese people that moved to Vancouver will move back there at reduced rates. Is this what you are suggesting?

LOL - Rob Macdonald spews out the label socialists then argues for corporate socialism. The Maleks knew what they got into - and it failed. If their liabilities are greater than their assets that means they are bankrupt. Of course they can go to court - (imo) they will lose; and for Rob Macdonald to argue the city has not right to enforce their claims in court also makes him anti-rule of law.

This article is a bad joke.


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