05-23-2010, 08:40 PM
Originally Posted by Mulligan View Post
So this $25 million is sitting in an account and is a part of the bankruptcy ?
Do the CoG/NHL have more right to this money than the unsecured creditors like Gretzky etc. ?
No.
You've got to go all the way back to the start and follow the process.
- The original Mixed-Use Development Agreement (MUDA) -
http://156.42.40.50/UnOfficialDocs/pdf/20011155422.pdf - acknowledges that areas of Westgate that are designed as parking lots in 2001 may be conveyed to the developer later because they would be far more valuable if they had residential/retail development instead of just being a parking lot. Put simply, Ellman (via Coyote Center Development, LLC) can turn parking lots into development as long as they replace the parking lot someplace else in the complex.
Fast forward to November 2005. Ellman (via Coyote Center Development, LLC) identify that Lots 7 and 14A are more valuable as residential units than parking lots. Per the MUDA, Ellman agrees to transfer 1,440 spaces in return for building the residential units. This agreement provides them until November 2008 to complete the transfer.
Fast forward again to July 2008. Coyote Center Development, LLC agrees to put $25M is in an escrow account to build a parking structure on Lot 8 which fulfills their obligation to replace what they took in Lots 7 and 14A to build residential units back in 2005. That Agreement for the Replacement of Temporary Parking is among City of Glendale (City), Coyote Center Development, LLC, (Ellman) and Glendale Garage LLC/Coyotes Hockey, LLC/Arena Management Group, LLC (Moyes)
In May 2009 Moyes filed bankruptcy. Moyes has rights under The Replacement of Temporary Parking to have that $25M be applied to a parking structure built for the team. It is a Material Contract right, not an asset the can be liquidated or paid to unsecured creditors.
Note: Because that particular agreement (C-5575-1) has not been located/posted, there is some speculation here, however, it is pretty safe to make the assumption that Glendale Hockey, LLC/Arena Management Group, LLC held the right to have the parking structure constructed. We also don't have access to the escrow account, but the agreement was executed on July 1, 2008, so it's almost certain that Ellman's Coyote Center Development, LLC did make the deposit.
If Glendale/NHL is successful in assuming Moyes' rights under that agreement, they will control both sides of the equation which gives them unique leverage to alter the agreement to suit their needs without much risk of being successfully challenged.