Tuesday, May 15, 2012

Sale of Silverdome-Court of Appeals Ruling 9/20/11

S T A T E- O F- M I C H I G A N- C O U R T- O F- A P P E A L S-- 298649-0.pdf (application/pdf Object)

298649-0.pdf (application/pdf Object) 
UNPUBLISHED September 20, 2011, No. 298649, LC No. 2009-105475-CZ, Oakland Circuit Court

SILVER STALLION DEVELOPMENT CORPORATION, Plaintiff-Appellant,
v
CITY OF PONTIAC, CLARENCE E. PHILLIPS,
FRED LEEB, and WILLIAMS & WILLIAMS
MARKETING, Defendants-Appellees.

Before: SAWYER, P.J., and JANSEN and DONOFRIO, JJ.

"Defendant Leeb testified that he continued to negotiate on behalf of defendant City with prospective purchasers including plaintiff, but all of his negotiations were “ineffectual” because no buyers wanted to put up cash to purchase the property. Leeb stated that “due to past difficulties in dealing with City administrations, the depressed state of the local economy, and the high cost of demolition, three major real estate developers stated that they would not take on the Silverdome project even if it were provided to them at no cost.” According to Leeb, in order to stop the “cash bleeding” that was occurring due to the high cost of maintaining the Silverdome, defendant City decided that the property should be auctioned prior to the winter months in 2009."

"Defendant City continued to identify and negotiate with potential bidders including plaintiff as the auction approached in an attempt to encourage potential buyers who were not interested in the auction to submit firm financing commitments. Defendant City had arranged with defendant Williams & Williams Marketing, Inc. that it could cancel the auction at any time and accept a private offer."

"To the contrary, there is a multitude of documentary evidence in the record that defendants in fact repeatedly encouraged plaintiff to continue negotiations and to secure financing for the purchase even after plaintiff failed to close on the property at the time of the 2008 agreement. Because plaintiff’s argument is wholly unsupported by the record, plaintiff has not sustained its burden to show a genuine issue of disputed fact for trial.... Quinto, 451 Mich at 362; Innovative Adult Foster Care, Inc, 285 Mich App at 475. 2"

"In accordance with our authority, this Court awards costs to defendants as the prevailing parties pursuant to MCR 7.219(A). Further, pursuant to MCL 600.2445(3) and MCR 7.216(C)(1)(a), (2), this Court sua sponte orders damages against plaintiff for this vexatious appeal. Plaintiff took this frivolous appeal “without any reasonable basis for belief that there was a meritorious issue to be determined on appeal[.]” The record was devoid of merit supporting any of plaintiff’s claims both in the trial court and on appeal. Plaintiff attempted to thwart the sale of the Silverdome to another qualified buyer even though it had no contractual basis to do so. This action is especially disconcerting considering the fact that it was so well known that defendant City was suffering financially and needed to sell the Silverdome property because it could no longer afford the significant maintenance costs. The trial court shall award reasonable attorney fees in favor of defendants in an amount to be determined by the trial court together with any other damages or costs it deems appropriate as a result of plaintiff’s engagement in these baseless, vexatious proceedings."

"Affirmed and remanded for proceedings consistent with this opinion. We do not retain jurisdiction."

/s/ David H. Sawyer
/s/ Kathleen Jansen
/s/ Pat M. Donofrio

Monday, May 14, 2012

Metro Times - News+Views: Dome sweet dome

Metro Times - News+Views: Dome sweet dome
 By Sandra Svoboda, Metrotimes, Published 9/16/09:

"...Now, after seven years without professional football at the Silverdome, and three failed rounds of bidding and negotiations to sell the site, Leeb says it's time for the landmark to go.

The city, with a $6.5 million deficit from last year and $106 million in debt, can't afford the $1.5 million it's paying annually in upkeep, security and insurance for the shuttered facility and its 127-acre site, he says.

"The Silverdome has been for sale for several years, but it's been a ping-pong ball between the City Council and the mayor. Both sides have blamed each other for causing deals that have been in hand to slip through their fingers," Leeb says."

In 2002, the city started accepting bids and proposals in a negotiation process that would last until 2006. Three finalists presented plans that included businesses, residential structures and entertainment venues with purchase offers between $11 million and $18.5 million. By February 2006, the two remaining proposals were withdrawn.

In 2007, another attempt to sell the Silverdome began. Last year the City Council approved a $20 million offer from Bloomfield Hills attorney H. Wallace Parker and his Silver Stallion Development Corp. that would have brought a hotel, casino, conference center and horse racetrack to the site. The mayor vetoed the sale but the City Council overrode it. Negotiations were not completed by the November deadline. Parker did not return telephone calls to Metro Times this week.
Two weeks ago, the City Council rejected Leeb's plan to auction the Silverdome site, voting unanimously against it at its Sept. 3 meeting, mainly because of the no-minimum-bid provision. But the council's opposition has no teeth.

"Mr. Leeb does have the authority to go ahead and move forward with what he wants to do," says council member Susan Shoemaker. "What the emergency financial manager wants, that's what the city of Pontiac is going to get."

Shoemaker, like some other council members, agrees the Silverdome should be sold, but thinks the city should be able to set a minimum price to at least guarantee reasonable income from the sale and future property tax revenue. The current economic climate makes that more important, she says: "I think we'll get maybe $500,000 in this kind of economy."

Council members suggested seeking proposals from moviemakers to blow it up as part of a film or to run a demolition school at the site, allowing students to dismantle the structure, and letting the city sell the scrap.

If the Silverdome comes back to life, it would be unusual among NFL teams' former homes. Seattle's Kingdome, of the same generation of stadiums as the Silverdome, was blown up a few years ago. The Orange Bowl, which the Miami Dolphins left in 1987, was torn down and is now the site of the Marlins' new stadium. Football stadiums in Milwaukee, Pittsburgh and Denver have been razed as well.

Former deputy mayor Leon Jukowski, who was one of eight candidates on the ballot in this week's primary election for mayor, would also like to see the Silverdome sold. But he'd like a guarantee of property taxes to be paid.

"You need to do an auction that says, 'The number I will hear from you is the amount of taxes you'll pay each year,'" he says.

Leeb says future taxes will be determined by Oakland County, which is contracted to do Pontiac's assessing; property values are to be determined by sale price, present value of cash flow at the site and construction costs. "With apartment buildings, the city could agree with the developer-owner on a payment in lieu of tax where the city could be paid a specific amount generally tied to the revenue of the property," Leeb wrote to Metro Times in an e-mail. "This amount, however, is typically less than the tax that would be paid based on the normal property tax assessment. This would reduce revenue to the city rather than increase it, but it would, hopefully, stimulate development in the city."

State Rep. Tim Melton (D-Auburn Hills), whose district includes the site, says because the city of Pontiac will feel the sting of the current economic downtown and housing crisis for years, it's important that the Silverdome site get back on the tax rolls as soon as possible.

"I think it's the most valuable piece of property in North America. It's positioned next to M-59 and I-75 in Oakland County, the economic engine of the state," he says. "It's too valuable a piece of property. I think we'll see something soon."

THE HIGHLIGHTS ARE IN THE PAST
Aug. 23, 1975 – The Pontiac Metropolitan Stadium opens after nearly two years of construction. The $55.7 million cost is financed with bonds issued by the city. Its name is changed in recognition of its silver-colored roof.
Oct. 6, 1975 — The Lions first regular-season game is played, a 36-10 loss to the Dallas Cowboys.
April 30, 1977 — Led Zeppelin performs for 76,229 fans, the largest indoor musical audience at the time.
1978 to 1988 — The Dome is home to the Detroit Pistons.
Jan. 24, 1982 — The Silverdome hosts Superbowl XVI. The San Francisco 49ers beat the Cincinnati Bengals, 26-21.
March 29, 1987 — Wrestlemania III lures 93,173 attendees, the largest ever for a single sporting event.
1996 — The Detroit Lions announce they will move to a downtown facility, yet-to-be-constructed.
December 2000 — The City of Pontiac sues the Lions, trying to force the team to honor its 30-year lease that was to have run through 2006.
November 2001 — Pontiac and the Lions settle the suit with the team paying the city $26.3 million, more than the remaining $14 million in bond debt.
Jan. 6, 2002 — The Detroit Lions play their final game at the Silverdome, a 15-10 win over the Dallas Cowboys, before moving to Ford Field.
May 2002 — Online bidding begins for potential purchasers and developers for the Silverdome site.
July 2003 — Three finalists in the first-round bidding appear at a public forum to present their proposals which include offices, retail, restaurants, technology businesses, a hotel, an aquarium and convention space among the plans.
November 2004 — The Michigan High School Athletic Association holds its last football finals at the Silverdome, moving them to Ford Field in 2005. High school teams had played at the dome since 1976.
June 2005-February 2006 — The two remaining proposals from the July 2003 bidding deadline are withdrawn.
March 2007 — The Silverdome officially closes.
October 2007 — Nine bidders say they are interested in the site during the second round of bidding.
March 2008 — Seven plans are proposed at the deadline of the third round of bidding, including baseball, a casino, an indoor water park, horse racing, a convention center and a research park.
July 2008 — The Pontiac City Council votes 4-2 in favor of the potential $20 million Silverdome sale to Bloomfield Hills attorney H. Wallace Parker's Silver Stallion Development Corp. Mayor Clarence Phillips vetoes it. The City Council overrides the veto.
November 2008 — The deadline for the dome's sale to Silver Stallion passes without the city and the group making a deal.
March 2009 — Gov. Jennifer Granholm appoints Fred Leeb as Pontiac's emergency financial manager.
June 2009 — Emergency Financial Manager Fred Leeb announces plans to auction off the dome and plug its drain on city finances.
Sept. 3, 2009 — The Pontiac City Council unanimously rejects Leeb's proposal to auction the site with no minimum bid required. Leeb has the authority to proceed anyway.
Sandra Svoboda is a Metro Times staff writer. Contact her at 313-202-8015 or ssvoboda@metrotimes.com.

Pontiac hopes to make Silverdome deal | MLive.com

Pontiac hopes to make Silverdome deal | MLive.com
Published: Thursday, May 08, 2008, 9:00 AM     Updated: Thursday, May 08, 2008, 9:06 AM
Margarita L. Barry Posted By Carol Marshall.

During the city's first request for proposals in 2006, the site drew bid offers from Schostak Bros. and from Etkin Equities. The value of the offers were said to be some $20-30 million. But both developers walked away while city leaders squabbled over the details of the developments.

While they delayed the process, the state economy took a dramatic downturn, and the project was no longer viable.

Last year, the city decided to take another run at selling the property and hired CB Richard Ellis to solicit proposals. The brokerage sent out information to some 11,000 possible buyers, and ultimately late last year received seven bids.

Pontiac has been negotiating only with Parker since late February.

There was some discussion about that site being more marketable if it was clean, but so far the city has not been enthusiastic about pursuing possible federal funding for the demolition.

Brokers, Pontiac work to overcome Silverdome's losing record | MLive.com

Brokers, Pontiac work to overcome Silverdome's losing record | MLive.com
 Published: Thursday, May 24, 2007, 8:38 AM     Updated: Thursday, May 24, 2007, 10:47 AM

"...But bringing a buyer to the table may be the easiest part of trying to sell the former home of the Detroit Lions. The seller, the City of Pontiac, is notorious for slowing, stalling or killing deals. Just two years ago - before the property was formally transferred from a stadium authority to the city - Etkin Equities and Schostak Brothers/Danou Enterprises made $20 million offers, but the developers walked away as city leaders squabbled."

Nonetheless, the brokers are optimistic - and ready to go.

"We're taking all offers to the city. Our feeling is they are open to anything," says Myrna Burroughs of CB Richard Ellis. "Anything but a casino."

More potential than Lions?
CB Richard Ellis has sent fliers to some 11,000 potential land buyers, Burroughs says, and is expecting city approval soon for its marketing website and the final version of the request for proposals.

Silverdome site still up in air - Detroit - UrbanPlanet, Posted 1/4/05

[Pontiac City Council examined at least two proposals from developers to purchase the Silverdome, one for $18.5 million and another for $17 million plus 25% of the profits, back in 2005 before the real estate market fell but they decided not to sell. Pontiac officials began soliciting proposals from developers nationwide in 2001 after Detroit Lions officials announced they would be leaving the Silverdome to play football at Ford Field in downtown Detroit. The Lions paid the city of Pontiac $26.25 million to break their lease and almost $1 million in service fees the team had been withholding.]



Silverdome site still up in air - Detroit - UrbanPlanet

By Jennifer Chambers/The Detroit News
"...John Graham has lived in Pontiac for 82 years and said it is time for city leaders to make a decision on the site and start generating tax revenue for the community.

"It's been a very long time to me. They seem to keep it busy with car races, and now they are (proposing) having a Super Bowl practice," Graham said. "I'd like to see something that could produce income so our taxes can come down."

Schostak wants to turn the Silverdome building into a Pontiac Towne Center that is part industrial park and part retail center, with six restaurants and a recreation center. The dome would be removed and rebuilt to accommodate a 300-room hotel.

Schostak's cash offer for the land is $18.5 million. Officials say it will generate 7,000 new jobs.

Etkin Equities wants to demolish the Silverdome and develop 20-22 buildings over 1.5 million square feet of space for a high-tech research office park with a small amount of space for retail stores and restaurants.

The company's cash offer for the property is $17 million, with development costs expected to be $200 million. The project is expected to create 6,000 jobs.

The proposal includes sharing 25 percent of profits from the property with the city. Curtis Burstein, Etkin's executive vice president, said project consultants have estimated Pontiac's share of the profits at $5 million.

The offer also includes a $1 million bonus if 80 percent of the property is put into use within the first five years of the development.

Oakland County Executive L. Brooks Patterson said he would like to see city officials make a decision soon to generate tax money for the city and county and bring jobs into the area.

"It's probably the most valuable property in Oakland County, and it's off the tax rolls." Patterson said. "They have a lot of cooks in the kitchen. They need to make a decision and get on with it."

Analysts have said the site -- situated near Oakland County's Automation Alley -- is worth $350,000 an acre, or almost $50 million, if the Silverdome is knocked down.

Pontiac officials began soliciting proposals from developers nationwide in 2001 after Detroit Lions officials announced they would be leaving the Silverdome to play football at Ford Field in downtown Detroit. The Lions paid the city of Pontiac $26.25 million to break their lease and almost $1 million in service fees the team had been withholding.

The Silverdome hasn't given Pontiac the financial boost predicted when it opened in 1975."

Old, Empty Stadiums Could Be Last-Minute Gifts - WSJ.com

Old, Empty Stadiums Could Be Last-Minute Gifts - WSJ.com
[SP1] Associated Press
The Pontiac Silverdome is shown last month.

Most sports fans assume that once a stadium or arena is replaced by a newer model, the old house is immediately blown to smithereens in a pyrotechnics show that would make James Cameron proud. But many more than you think are still around. Some have historical value, while others are still bringing in funds to cash-strapped municipalities. Who knows, some may even be available to well-heeled holiday shoppers looking for a last-minute gift. Here are a few:

Pontiac Silverdome, Pontiac, Mich.
Thirty-five years after taxpayers spent $56 million to build it, this domed stadium, once home to the NFL's Detroit Lions and NBA's Pistons, was auctioned off last month for $583,000 to the highest bidder—a developer from Toronto. After several lawsuits, the deal is expected to go through this month because the city can no longer afford to maintain it. The developer, Andreas Apostolopoulos, spent last week in Pontiac and says he is in discussions with Major League Soccer to bring a team to the Detroit area. He says the stadium might not be quite the bargain it appears, given the amount he'll have to invest to bring the facility up to speed. "There's a lot of work to do first," he says.
Reliant Astrodome, Houston
The world's first domed sports stadium, the Astrodome was nicknamed the "Eighth Wonder of the World" when it opened in 1965 to house baseball's Astros and football's Oilers. But since the Astros moved into Minute Maid Park (née Enron Field) for the 2000 season, after the Oilers had already decamped for Tennessee for the 1997 season, the city has spent millions over the years on basic upkeep even though the dome has no major tenants. After plans fell through to convert the facility into a hotel and convention center, there are groups lobbying to turn it into everything from a movie studio to a planetarium.
Pyramid Arena, Memphis, Tenn.
Associated Press
The Pyramid in Memphis shown in early 2008.
Opened in 1991, this 20,000-seat arena on the banks of the Mississippi—one of the world's 10 largest pyramids—housed the NBA's Memphis Grizzlies and the University of Memphis men's basketball team until both moved to the FedEx Forum in 2004. Shelby County, which sold its half share in the arena to the City of Memphis this year, has considered refashioning the pyramid as a casino or an aquarium. A local congressman suggested opening a new branch of the Smithsonian Institution. Sporting-goods outfitter Bass Pro Shops is renting the pyramid for $35,000 a month with plans to convert it into a megastore, but a spokesman says the company won't purchase the building.
Robert F. Kennedy Memorial Stadium, Washington
Former home of both the Redskins and baseball's second Senators franchise, which moved to Texas to become the Rangers after the 1971 season, the 48-year-old RFK hasn't been able to hook a new team for long despite $18.5 million in renovations for baseball's Nationals, which played there from 2005 through 2007. Critics pronounced it one of baseball's worst stadiums on account of its cramped quarters and awkward layout. The resident DC United soccer team hopes to have a new home by 2012.
Balboa Stadium, San Diego
Built in 1914, this facility housed the Chargers during some of their winningest years from 1961 to 1966 and hosted three American Football League championship games during that period. Now owned by the city of San Diego and leased to the local school district, the stadium has fallen into such disrepair that many soccer players and runners fear injury on the worn-down track and torn-up turf. The city and district have said they can't afford renovation.
Olympic Stadium, MontrealSP3
Associated Press
Montreal's Olympic Stadium in 2001.
Designed for the 1976 Olympic Games by ambitious French architect Roger Taillibert, this structure—which was part of a $1.5 billion project that was just paid off a few years ago—has been plagued by problems since its inception, thanks to labor strikes, fires and a host of structural snafus. The inclined tower—now the highest in the world—wasn't finished in time for the Olympics, nor was the retractable roof, which proved unstable in high winds even when it was completed a decade later. Part of the roof collapsed before the Montreal auto show in 1999. Once home to baseball's Expos, a soccer team and the Canadian Football League's Montreal Alouettes, the stadium was used this month for a swine-flu-vaccination clinic.
Beijing National Stadium, Beijing
This stadium, built for about a half billion dollars before the 2008 Olympic Games and better known as the "Bird's Nest," was transformed into a snow park this month, much to the chagrin of environmentalists who say creating the artificial snow is a waste of water, especially given the continuing drought in the area. The snow festival is one of only a handful of events the stadium has hosted since the Olympics. With annual operating costs of roughly $10 million, the facility was placed under government management in August to curb financial losses.
Alamodome, San Antonio
Opened in 1993, the nearly $200 million arena was forsaken seven years ago by the NBA's Spurs, fans of which complained of poor views from many seats in the designed-for-football stadium. (The Spurs now play in the AT&T Center). In 2005 the San Antonio City Council voted to spend close to $6.5 million to renovate the arena to lure a Major League Soccer franchise to the city, but it soon abandoned that plan, and the city hopes to someday draw an NFL team. One of Texas' least-utilized stadiums, it hosted the New Orleans Saints for a few games in 2005 when they were displaced by Hurricane Katrina. The stadium's bread and butter is playing host each year to college football's Alamo Bowl, which this season will feature Texas Tech against Michigan State.
The Forum, Inglewood, Calif.
Home of the Los Angeles Lakers and NHL's Kings until both moved to the Staples Center in 1999, this circular, $16 million arena was purchased by the Faithful Central Bible Church in 2000, though the church stopped holding regular services in the arena earlier this year. The church's Web site states "WE ARE AVAILABLE" for film shoots and rehearsal space; earlier this year the Lakers played a preseason game in the Forum to celebrate the team's 50th season in Los Angeles. The arena also has hosted big health clinics for low-income families.
Write to Hannah Karp at hannah.karp@dowjones.com

The N.F.L. Plays, the Public Pays - Graphic - NYTimes.com

The N.F.L. Plays, the Public Pays - Graphic - NYTimes.com
September 7, 2010

 "Still Paying for the Demolished and the Underused
Some stadiums or arenas that have remaining debt have outlasted their high-profile tenants or have already been demolished.  Figures are rounded and in millions of dollars.  Demolished: Giants Stadium Opened 1976 Original Cost $78 Remaining Debt $266 Payback Year 2025 Year Demolished 2010...[see table below]"