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Developer Broadbent sues banks after they tighten credit line

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Locally based Broadbent Co., one of the city’s biggest retail developers, has sued two of its banks, charging they’re wrongly attempting to restrict its access to a $50 million credit line.

The lawsuits, filed last month against Huntington National Bank and National City Bank, are symptomatic of rising tensions between nearly all developers and their lenders, financial experts say.

Successful developers used to have substantial leverage over banks, which wanted to build long-term relationships that could yield a stream of financing deals. If developers didn’t like the terms on the table, companies could shop around for credit.

The recession has shifted the fulcrum. These days, banks are most concerned about remaining financially sound, and credit is scarce. Banks are questioning or calling loans, even if the borrower has never missed a payment.

In Broadbent’s case, Huntington and National City are rolling back how much of the credit line the developer can tap in connection with the renovation of its 362,136-square-foot Greenwood Place Shopping Center at U.S. 31 and Stop 11 Road.

The property lost two of its anchors after being damaged by a 2002 tornado. The banks originally appraised the redevelopment project in May 2006 at $27.4 million and agreed to lend 85 percent of that value, or $23.3 million.

But Huntington and National City have advanced only $20.9 million, refusing to tender the $2.4 million remainder. The lawsuit doesn’t specify the grounds, though banks sometimes take such an action if they think the appraised value of a property has fallen.

In an effort to gain access to the full $23.3 million, Broadbent sued both banks Aug. 11 in Marion Superior Court.

Work on the renovation is complete, but the company still wants the $2.4 million, said Broadbent’s attorney, Erick Ponader, a partner with Taft Stettinius & Hollister LLP. He wouldn’t say how the developer intended to use the money.

The same day it sued over the Greenwood project, Broadbent filed a separate lawsuit against the same banks in Marion County over Fleming Island Shoppes, a 42,582-square-foot strip mall it recently built in Jacksonville, Fla.


Broadbent contends the banks had promised to lend $10.7 million for construction, but have refused to advance the last $1.3 million.

Broadbent, through its attorney, declined to comment directly on the lawsuits. Huntington also declined. Pittsburgh-based PNC Bank, which acquired National City last year, did not respond to IBJ’s inquiry.

Broadbent isn’t alone in its struggles. Many banks are using the regulatory and economic environment as an excuse to purge their lending portfolios of any borrowers they deem risky, said Henry Efroymson, an Ice Miller partner who chairs the firm’s creditors rights and bankruptcy practice group.

Even if payments are current, he said, banks now often cite “covenant defaults,” such as the depreciation of real estate value, as the trigger.

“I’m seeing borrowers whose circumstances really have not changed dramatically, but out of the blue they receive contact from their bank the loan is in some sort of technical default, even though all payments have been made,” said Efroymson, who’s not involved with the Broadbent dispute.

“Ordinarily, there would be criticism for being too aggressive with borrowers and a lender could lose business because its reputation was tarnished,” he added. “In this environment, there’s less of it, because everyone is doing it.”

According to court papers, Broadbent’s loan for Greenwood Place was originally slated to mature May 5, but the company claims it validly exercised an option to extend the maturity date 60 months, to 2014.

Broadbent tried to do the same for Fleming Island, but the banks denied the request on grounds that the appraised value of the Florida strip center had declined $3.3 million.

Banks and commercial property owners increasingly are at odds over valuations because there’s little solid data available for comparison. What’s obtainable often involves distressed properties sold well below market value, said Somerset CPAs principal Michael Fritton, who leads his firm’s Real Estate Team.

Fritton also noted that many tenants are beginning to take advantage of the distress in the commercial real estate market. If they’re anywhere near the conclusion of a lease, he said, tenants are renegotiating for lower rents. Their leverage is the glut of space available for relocation.

“If there are opportunities for a tenant to move just down the road and cut their rent from 20 bucks a foot to, say, 12, without affecting sales, they’re going to take that,” he said.

Both of the shopping centers involved in the Broadbent litigation are showing weakness. Broadbent’s Web site lists 41,400 square feet available at Greenwood Place, more than 11 percent of the total. The strip mall is anchored by Flower Factory, Lifestyle Family Fitness, Shoe Carnival and PetsMart.

The smaller Fleming Island Shoppes is in much worse shape. Broadbent has 18,579 square feet of space vacant there, nearly 44 percent of its total. Broadbent began preleasing Fleming Island Shoppes in 2006.

The projects are just two of the 40 properties in Broadbent’s portfolio, and others are doing well, said Ponader, the developer’s attorney.

“It’s a very successful company, and we expect it to continue to be so,” Ponader said. “Broadbent has relationships with many, many lenders, not just National City and Huntington.”

“Generally, there are some challenges in the retail market in connection with lending for retail projects,” he added. “But I’d also say that the market is getting better.”•


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  1. City-County Councilor Angela Mansfield and Bob Lutz have a case of wishful thinking.

    They obviously don't really care about the cost.

    They should.

    Extending Federal Benefits to Same-Sex Couples Will Cost $898M, CBO Says

    http://www.foxnews.com/politics/2009/12/22/extending-federal-benefits-sex-couples-cost-m-cbo-says/

  2. Brett, be careful what you lie about, the truth always comes out.

    "IMS's George Honored: Tony George, Indianapolis Motor Speedway president and chief executive officer, received the inaugural Pioneering and Innovation Award at the Autosport Awards Dec. 5 in London for his leadership in the development of the Steel and Foam Energy Reduction (SAFER) Barrier. George received the award at the annual gala at the Grosvenor House on behalf of the creators of the SAFER Barrier from Prince Salman Bin Hamad Al Khalifa, the leader of the Bahrain International Grand Prix circuit. This is the fourth major award that has been presented to honor George and the SAFER Barrier development team. The SAFER Barrier also received the Louis Schwitzer Award, SEMA Motorsports Engineering Award and GM Racing Pioneer Award in 2002. The SAFER Barrier was installed in all four turns of the Indianapolis Motor Speedway a pioneer in safety for drivers, cars and tracks -- in time for the 86th Indianapolis 500 in 2002. It since has been installed at more than a dozen other tracks, and the latest iteration will be installed at the Speedway in the spring.(IMS PR), see more on my Indy Track News page.(12-7-2004)"

    As far as the cart safety team, I cannot find anything on its date of creation. The Delphi Safety team was created in 1996. For some reason there is not much info out there on defunct racing series.

  3. Great article Anthony. Glad IMS is finally being run like a business and not a personal check book to finance the "Vision".

    Things are looking up but 15 years of scorched earth won't be fixed overnight. Unfortunately the TV ratings are still poor and that won't change anytime soon with the brilliant 10 year contract signed under the former regime.

  4. Brett not sure why you wonder what he said in his quote. "''I would like to jump in a time machine, go back to 1995, and tell the owners and Tony George not to split,'' Franchitti said. ''As soon as my time machine is done, I know where I'm going.''"

    Pretty clear, he would love to go back and tell TG and the team owners not to split.

    I am not sure there is anyone who wanted the split, and I don't think there is anyone who would not like to go back and prevent the split. But, as has been discussed ad nauseum, without the split carts management by team owners would have run all of ow racing into bankruptcy. If cart had such a wonderful product, then losing IMS would not have forced it into bankruptcy. If NASCAR lost Daytona or Charlotte, it would not fail like cart did.

    Truth,

    So you predicted that cart would go into bankruptcy and cease to exist while Indycar would continue on? I missed that prediction.

  5. I want to live in a city that has a garage structure to be proud of for it's innovating design!

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