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Wednesday, June 27, 2012

The Financing Terms Are the Last Part of the Deal Arena Critics Should Be Attacking

Posted by on Wed, Jun 27, 2012 at 8:51 AM

Hey, welcome to the Seattle Times editorial board, Sharon Pian Chan, it looks like you fit right in.

In a blog post yesterday Chan notes that the board is "still analyzing" Chris Hansen's arena proposal, but that doesn't stop her from pointing readers to a recent NY Times article as an opportunity to put forth examples of some "worst-case scenarios" for city-backed bonds.

It's unclear how similar these deals are to the proposal Seattle and King County are considering, but it raises another question worth asking, and answering.

Except, it's not unclear how similar these public financing deals are to what's being proposed for a new Sonics arena... at least not to anybody who has bothered to put the effort into analyzing it.

In a sense, all these bond deals are the same in that they are municipal bonds backed by the "full faith and taxing power" of municipalities, regardless of whether the bonds are issued directly or through some municipal sub-entity like the arena authority Seattle and King County would jointly create. That's the nature of municipal bonds, and it's one of the reasons municipalities can borrow money so cheaply.

So yeah, the arena bonds would be exactly like those issued by the Scranton Parking Authority Chan mentions (which by the way, is in Pennsylvania, not New Jersey) in that city and county taxpayers are guaranteeing them.

But the comparison ends there, because unlike all of the deals-gone-bad the NY Times article mentions—issued with a projection that the facilities financed would produce revenue sufficient to service the debt—Seattle's debt would be serviced by guaranteed revenue. I mean, read the Memorandum of Understanding. Actually read it. The annual bond payments will be met by the tax revenues raised from the facility plus $2 million in rent plus additional rent "that is sufficient, when combined with Base Rent and Arena Tax Revenues (described below) received by the City and County for use in that year, to equal the total annual debt service obligations of the City and the County for the Public Financing."

That's not some estimate that revenue will likely meet the debt service. That's a contractual guarantee. And there are all types of reserve accounts and capital accounts and first priority liens on revenue and receivables to back it up.

But wait, what if the team relocates, just like the old Sonics? Won't taxpayers be left paying the bills on an empty arena? No, the deal includes a 30-year-lease with a non-relocation agreement. Okay, but what if ArenaCo and/or the team go bankrupt? Won't the bankruptcy court let them break the lease? Maybe. But ArenaCo's obligations are secured by the investment group's equity investment in the arena and the team, including "first distributions of any proceeds from any sale of the NBA Team" beyond the $125 million cap the NBA reserves for repayment of loans used to purchase the team. The Sonics sold for $350 million six years ago, and there isn't an NBA team valued less than $268 million.

Plus, the city and county would own the arena and the land it sits on, a capital cost of $500 million purchased for $125 million without an NHL franchise, $200 million with. At some point during the 30-year term, as the principal is gradually paid down, the resale value of the land alone will be worth more than the city owes on the bonds.

So while no deal is risk free, this deal is nothing like the public financing disasters other municipalities have found themselves in. It's just not. By any stretch of the imagination. And it's irresponsible to let that assertion just hang there before fully analyzing the deal.

Look, there are a lot of legitimate angles from which to criticize the arena proposal. It's impact on the nearby freight terminals might just not be worth it, or economic substitution and lost opportunity for tax revenue on money spent at the arena might present too big a hit to city coffers. Or perhaps we just don't want to play the NBA's arena extortion game purely as matter of principle. Honestly: I haven't made up my own mind on whether I support or oppose it. I'm torn.

But to suggest that the deal might be too risky for taxpayers is just plain stupid. No deal is unbreakable, but when you look at the cash flow and assets backing up this one, it's about as close to risk-free as we can get.

 

Comments (31) RSS

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MrBaker 1
And for whatever reason, Larry Phillips thinks actually taxing everybody .5 on restaurant bills, 2% on hotels, and taking 1% car rental tax out of the state general fund is somehow less "risky" than his imagined arena doomsday scenario where the city and county would have to wait for the franchise to be sold in order to be made whole.

Note to Phillips, a remote "risk" is in no way better than actually soaking the tax payers for a couple decades, you idiot.

Risk vs Actual, Larry, one is a possibility (of sorts) and the other is an actual event.
It's unsettling that you don't understand the difference.
Posted by MrBaker http://manywordsforrain.blogspot.com/ on June 27, 2012 at 9:05 AM
2
wow. a no risk deal, woo hoo.

if you want a real guarantee, you need personal guarantees from ballmer and hansen with covenants to keep certain financial ratios which if not kept up trigger defaults. you know, the way a real lender does it?

if no risk deal, self financing, why do they need us? they could finance th $200 million from admissions fees. oh wait, either a private lender would reject the deal as too risky, would impose conditions and terms that we the city are too unskilled to even think of, or a financier would say "loan? you crazy? you want my $200 million seed money, give me 40% of the upside. "

a contract guarantee is worth only what the entity is worth and there's no entity in this deal that's bankruptcy proof.
Posted by usually, VCs get upside on June 27, 2012 at 9:07 AM
3
@2,

Peter Steinbrueck has raised the issue that the footprint of the property purchased by Hansen is likely far too small for the proposed project. I would not be at all surprised if the push to make this a public project is because they'll need to use eminent domain to get the rest of the land (well, that and the evident fact that they need the full faith and credit of taxpayers to make it "pencil out" profitably enough for them).

Posted by Mr. X on June 27, 2012 at 9:13 AM
MrBaker 4
Goldy, rest easy, Sharon Pian Chan has turned her editorial board magic powers today toward something that she is an apparent authority, "Nora Ephron, you set me straight on love"

http://seattletimes.nwsource.com/html/ed…

When she isn't analyzing the municipal bond market, she is analyzing "love".

Wow, I can see why she was hired. (wonder what Joni Balter is thinking on the topic of "love" and the special insite of Nora Ephron.
Posted by MrBaker http://manywordsforrain.blogspot.com/ on June 27, 2012 at 9:18 AM
MrBaker 5
@3, Richard Conlin straddled a political fence and stated that "they were both right" (way to lead, Richard), that the Stadium District was not originally envisioned to have more than 2 facilities, but (look out fence) the use of the property Hansen has secured is legal.

http://sportspressnw.com/2012/06/thiel-c…
Posted by MrBaker http://manywordsforrain.blogspot.com/ on June 27, 2012 at 9:25 AM
6
Damn, no Goldy? Did he at least get an interview?
Posted by seatackled on June 27, 2012 at 9:32 AM
chinaski 7
It is enjoyable to witness Hansen gradually morph into more of a douchebag at each public appearance. If the council rejects the deal he will finally be exposed for the evil leprechaun he is. Then things should get really interesting.
Posted by chinaski on June 27, 2012 at 9:36 AM
8
@3 yes that may be the hansen upside ploy if he's garnering the other real estate around the site.

btw folks, a team lease? not a guarantee of anything because a lease can be voided in bankruptcy.

lookit folks, there's a reason hansen and ballmer aren't just owning this team personally, not thru a corporation. they want to insulate their personal wealth from any risk. there's a reason they want the stadium returned to us and us to own it after the lease is up: because it will be a useless hulk. there's a reason they're trying to get the financing from us, not from some sophisticated investor, or warren buffet. it's because we're the chumps in this deal. again, someone answer the question:

if it's no risk, why isn't b of a or ballmer personally financing this?

if it's so secure, no downside, why wouldn't we get a share of profits?

if this kind of thing is the best ROI for government money, why even bother with health, schools, roads, just build 50 stadiums or make 50 loans to private enterprise. for sports. because, sports fans will vote for you, and the costs and risks are too hidden or too complex for folks to understand. there's not one citizen in 1,000 who really knows the ins and outs of this deal. shit man, you read reporters saying something that's not even a secured debt will have priority in bankruptcy over trade debt which is really silly and ill informed. you have writers saying things like "that's not some estimate, it's a contactual guarantee!" really, if you don't know the deal upsides and downsides and al the numbers, you're the sap in the room. I will tell you this: we're the ones settling for a few points of interest while the others are going to make hundreds of millions of dollars. Gee, perhaps that's why they want us so ardently, some other lender would ask for the upside. Duh!
More...
Posted by We've met the chump.... on June 27, 2012 at 9:38 AM
gloomy gus 9
@7, you don't understand - if we don't open ourselves up for a light screwing now, that will force us to open ourselves up for a heavy screwing down the road by some unknown eviller group of dodecamillionaires. THIS IS THE BEST DEAL WE COULD EVER HOPE TO GET EVER here in the best of all possible worlds.
Posted by gloomy gus on June 27, 2012 at 9:44 AM
Rujax! 10
Why would "facts" bother the Times. Fairview Fanny's editorial board has always been immune to them...this new person is walking a well worn path.
Posted by Rujax! http://rujax.blogspot.com/ on June 27, 2012 at 10:01 AM
Rujax! 11
So MrBaker...

...is it Joni Brodeur or Nicole Balter? I get confused.
Posted by Rujax! http://rujax.blogspot.com/ on June 27, 2012 at 10:03 AM
12
Goldy: A subprime ARM at 3.5% is a better deal then a subprime IO ARM at 7.9% with a balloon payment. It doesn't mean that the former is a good deal. Get it?
Posted by hmmmmm on June 27, 2012 at 10:10 AM
13
Mr. Baker: do you really expect us to believe the "it's for the children bit" you guys wrote (um, I mean Hansen) in the Time's piece? That was sure pathetic. If you are trying to make your figurehead look like a weirdo, well done.
Posted by hmmmmm on June 27, 2012 at 10:12 AM
14
@7 I think you're wrong as to who will come out of this looking bad.
Posted by giffy on June 27, 2012 at 10:19 AM
15
Goldy says "Honestly: I haven't made up my own mind on whether I support or oppose it. I'm torn."
But anyone that has read any of his articles on this subject know that this is disingenuous at best. Goldy has been a relentless cheerleader for this project since it was first announced. It's kind of weird. It's a shitty deal.
Posted by Asdfgh on June 27, 2012 at 10:22 AM
16
@15: also weird that it is the progressives that have put their head in the sand. I guess some of them have so many NGO sweet feeds coming from McGinn's office, that they don't want to fuck up their deal by opposing this. Remember how the entire left was all worked up about the other two stadiums, gentrification, and all the rest? Virtual silence on this one. It's quite creepy. And Goldy is leading the pack. Maybe he's got a line to a sweet gig somewhere. Oh, wait. The Stranger backed McGinn. Never mind.
Posted by hmmmmm on June 27, 2012 at 10:38 AM
17
"I mean, read the Memorandum of Understanding. Actually read it."

Goldy, I'll tell you this again because it is obvious that it has not gotten through to you.

People HAVE read it.
They do NOT agree with you about what the results would be.

If this is such a great deal then those millionaires would not be looking for the government to fund it.
Posted by fairly.unbalanced on June 27, 2012 at 11:23 AM
18
a capital cost of $500 million purchased for $125 million without an NHL franchise, $200 million with.


So, right out the gate, Hansen puts $75 million to $125 million of taxpayer money in his own pocket.
Posted by keshmeshi on June 27, 2012 at 11:36 AM
MrBaker 19
@ 13, the Seattle Times editorial board writes, "Nora Ephron, you set me straight on love"

Who are you calling "weirdo"?
Posted by MrBaker http://manywordsforrain.blogspot.com/ on June 27, 2012 at 11:51 AM
Sir Vic 20
OK. One more time folks. No matter how much money you have, or what property you own, you cannot just build whatever you damn well please. Even if you are building something that is specific to the zoning of the property (like a stadium), you still need a ton of permits and impact studies. The larger the building, the more demanding the requirements.

A stadium or other large public gathering place requires major investment in supporting infrastructure: roads, water/sewer, power, etc. Private parties cannot just start building new intersections, power transformers, water mains if they think their building will require them. The local municipality is responsible for those things, and no amount of money is going to change that part of the law.

You can cut a deal with the municipality to build out the necessary infrastructure for your new building, and even offer to pay for much of it, but you must have authorization to build. That authorization will not come unless all the infrastructure needs have been met, and those needs can only be met by the municipality.

So, NO, Chris Hansen cannot just build his arena with his own money and leave the city out of it. Considering the morons involved at City Hall, I'm sure he'd love to do an end around them, but it's just not an option.
Posted by Sir Vic on June 27, 2012 at 12:17 PM
MrBaker 21
@18, exactly backward, if there isn't an NHL team then $75 million (actually $80) comes out of Hansen's pocket to make up the difference.
Posted by MrBaker http://manywordsforrain.blogspot.com/ on June 27, 2012 at 12:41 PM
22
Hey Baker, explain to me why Seattle homeowners' property taxes have to go up? That alone is a deal breaker.
Posted by baker the faker on June 27, 2012 at 1:05 PM
gloomy gus 23
@20, it is more convincing to support flat assertions like those. "It is so" or "I'm tired of saying this" doesn't count.
Posted by gloomy gus on June 27, 2012 at 1:06 PM
24
@20
Wow. Way to miss the entire point.
The issue is why do they need government funding to build the arena if it is such a good deal. Why don't they go through private financing?

Not whether or not the arena will need to connect to the local sewer system.
Posted by fairly.unbalanced on June 27, 2012 at 1:23 PM
Sir Vic 25
@23 I'm just astonished that so many people are so ignorant of how large scale buildings happen. I thought this stuff was pretty obvious: Walmart doesn't just build a mega-store where they think it'll fit - they have to work with/bribe the local authorities first, who then arrange for the streets to actually service the new store, etc. Why would a stadium be any different?

@24 The funding is for the entire project, not just the luxury boxes or some other budget item. For a massive building like this, connecting to the sewer system is a multi-million dollar expense, and, again, can't be done without the government involvement & funds. You cannot disconnect the construction of the building from the city infrastructure costs.
Posted by Sir Vic on June 27, 2012 at 1:43 PM
26
@25 B...b...but, Hansen's 4 out of 10 traffic study says different. I don't understand. What roads? What sewage? You can put a building anywhere, as long as you cook a study to say it's okay.
Posted by hmmmmm on June 27, 2012 at 2:32 PM
gloomy gus 27
@25, appreciate the effort, but your statements don't back up why he needs any of our bonding authority. Sewer connections and whatnot, nobody's arguing about. You seem to be suggesting he can't do without our bonding authority the same way he can't do without a Seattle City Light account. But one of these things is not like the other, is it?
Posted by gloomy gus on June 27, 2012 at 3:39 PM
28
How about he can't raise the $200 million line of credit needed to capitalize the building? That's the part that sticks with me - any municipality has a legally limited line of credit, and Seattle could sure use that $200 M for things like the sea-wall (that we're already legally obligated to replace!) Even if all the bonds issued are fully paid off over the next 20 years we're still reducing the City's free credit for that period... Just saying! Otherwise, this is a good deal compared to some we've had...
Posted by CL75 on June 27, 2012 at 3:55 PM
29
@24 - the issue isn't "financing," it's use of municipal bonds. They are issued at much lower rates than non-municipal bonds. It will save millions in borrowing costs over the life of the project. Everybody who is screaming and crying about government $ being used for private purposes is really taking about this. And it's ridiculous, because private entities get the benefit of it all the time, which had prompted precisely zero outcry by the same people screaming now.
Posted by Bax on June 27, 2012 at 4:10 PM
30
@17 Sure they would, because muni bonds are a hell of a deal. When you are talking about 200 million to be paid back with stadium revenue a couple percent difference on the rates is huge. That can be the difference between something like this being profitable or not.
Posted by giffy on June 27, 2012 at 4:32 PM
31
Goldy thank you for this clear, concise and accurate analysis. The investors are putting in over $300 million for the arena (land and building) and purchasing a team. There investment will be more than $800,000,000. They are not asking to be "given" $200,000,000 in cash/ public money from the general fund. They are asking for the issuance of a bond of $200,000,000 that will be paid in full plus debt service costs by rent and arena generated revenue. It is using less than 3% of the City's bonding capacity. If the arena isn't built that revenue stream doesn't exist. AND in addition to the investors covering any cost overruns or estimated arena revenue shortfalls, the City and County own the arena and the land it is on... and they haven't had to pay a dime out of the general fund. The City still has enough bonding capacity for other projects like the seawall - but that bond has to be paid back somehow... this project provides the payback.
Posted by Sheldon on June 30, 2012 at 11:25 PM

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