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After auction sale, new chance for 40 Wall St.


Another one of the Morcos Properties is on its way to a new life although the price of under $10 million for the greendepression of the Downtown market. Downtown brokers report, however, that client tenants are talking expansion rather than givebacks Givebacks is a union term for the reduction or elimination of previously won benefits.  and consolidation.

At a spirited foreclosure foreclosure

Legal proceeding by which a borrower's rights to a mortgaged property may be extinguished if the borrower fails to live up to the obligations agreed to in the loan contract.
 auction held last month, Citibank became the owner of the 40 Wall Street leasehold for $10.8 million. They bid against the Wong family from Hong Kong Hong Kong (hŏng kŏng), Mandarin Xianggang, special administrative region of China, formerly a British crown colony (2005 est. pop. 6,899,000), land area 422 sq mi (1,092 sq km), adjacent to Guangdong prov.  which is very disappointed they did not prevail, sources say.

Citibank had walked into the auction with a side deal already in place with Kinson Properties, a subsidiary of Ocean Voice Industries Ltd. for at least $5 mill ion plus a commitment, sources say, to expend ex·pend  
tr.v. ex·pend·ed, ex·pend·ing, ex·pends
1. To lay out; spend: expending tax revenues on government operations. See Synonyms at spend.

2.
 $25 million in renovations to meet ground lease requirements. "It's certainly to be far in excess of the purchase price," notes Peter Hauspurg, president of Eastern Consolidated Properties.

The Hong Kong based company will use 40 Wall as a world headquarters should the political climate change in 1997 when the People's Republic People's Republic
n.
A political organization founded and controlled by a national Communist party.
 of China resumes control of the British Colony.

The price per square foot of $9.82 for the 1.1 million square foot leasehold reflects prices not seen in decades in the Downtown market. That ground lease with J. Walter Hinneberg expires in 2059.

Hauspurg deemed the purchase, "another indication of a rock bottom price. These auctions are surprising things and produce remarkable results."

"It shows you can steal property," agreed Joseph F. Harkins, associate director of Cushman & Wakefield in the Downtown office who represents both 30 Wall and 100 Wall.

Real estate experts believe the Kinson deal, made at a floor of approximately $5 million, had to have an "upside Upside

The potential dollar amount by which the market or a stock could rise.

Notes:
This is basically an educated guess on how high a stock could go in the near future.
See also: Bull, Downside
" so that Citibank could take advantage of such a bidding war, with increases to Citibank as the auction price escalated. A final price has been reported to be between $ 8 million and $9 million. The additional bidder should not have come as a surprise, either, as sources say the Wong family was actively pursuing the property.

A spokesperson for Citibank, Amy Dates, said, since the lender had a firm deal with Kinson they "went for that," rather than dropping out of the bidding in favor of a higher price. "How do we know the other bidder could actually close?," Dates asked by way of explanation.

Warren M. (Woody) Heller, director of the investment division of Jones Lang Wootton, which represented Citibank was relieved and pleased the process is coming to a close after working on it for 18 months. He said they were glad to see the level of interest. "We're encouraged by the price, and by the numbers who showed up at the auction," he said. "We're delighted that the process is coming to an end and that the building is getting close to being revitalized re·vi·tal·ize  
tr.v. re·vi·tal·ized, re·vi·tal·iz·ing, re·vi·tal·iz·es
To impart new life or vigor to: plans to revitalize inner-city neighborhoods; tried to revitalize a flagging economy.
 by renovation."

Harkins believes the location and upper floor plates of 13,000 to 8,000 square feet are perfect for the small law firms This list of the world's largest law firms by revenue is taken from The Lawyer and The American Lawyer and is ordered by 2006 revenue:[1]
  1. Clifford Chance, £1,030.2m – International law firm (headquartered in the UK);
  2. Linklaters, £935.
 and securities operations that have spun off as the larger companies consolidated.

"Everything is going to have to be redone re·done  
v.
Past participle of redo.
," agreed Howard P. Malloy, senior vice president, Helmsely-Spear Inc. in the Downtown office. He said the floor configurations are not rectangular and the columns are spaced close together so it doesn't lay out quite as well as newer buildings. There is going to be use for the building when the market turns around, but Malloy noted, it's going to be two or three years. "Things are heading in that direction now," he added.

Malloy said the purchase price is going to be a small portion of what the new owners are going to pay to fix the property. "It's great to know that a beautiful building like that will be rehabilitated," he said. "It will be helpful to Downtown and to Wall Street.

Harkins said, "40 Wall has tremendous potential if it is owned and operated properly, with an eye on the future and not on the past. "It's a glorious building that has suffered from neglect."

Late last year, as the Downtown market faltered, Citibank cut off renovation funds to the Resnick Organization which had acquired 40 Wall at an auction of the then Marcos property for $77 million. This left tenants screaming and work uncompleted, a move that caused the appointment of a receiver which triggered a clause in the prime lease.

The clause says that the leasehold mortgagee mortgagee n. the person or business making a loan that is secured by the real property of the person (mortgagor) who owes him/her/it money. (See: mortgage, mortgagor)


MORTGAGEE, estates, contracts. He to whom a mortgage is made.
 must expend funds to secure the obligation of the lease. When Citibank did not maintain the building as a first-class property, the owners began termination proceedings and sought a purchaser. Citibank found the Hong Kong buyers first.

Morgan Guaranty As a verb, to agree to be responsible for the payment of another's debt or the performance of another's duty, liability, or obligation if that person does not perform as he or she is legally obligated to do; to assume the responsibility of a guarantor; to warrant.  was the most recent tenant to leave when it vacated 206,044 square feet in a consolidation of its offices. The building is more than 80 percent vacant.

Certiorari certiorari

In law, a writ issued by a superior court for the reexamination of an action of a lower court. The writ of certiorari was originally a writ from England's Court of Queen's (King's) Bench to the judges of an inferior court; it was later expanded to include writs
 attorney, Jeffrey Golkin, a partner in Herzfeld & Rubin and a 54th floor tenant, said they are looking forward to renovation and modernized mod·ern·ize  
v. mo·dern·ized, mo·dern·iz·ing, mo·dern·iz·es

v.tr.
To make modern in appearance, style, or character; update.

v.intr.
To accept or adopt modern ways, ideas, or style.
 elevators in the not too distant future. "We are hopeful that we'll start seeing some improvements," he said.
COPYRIGHT 1993 Hagedorn Publication
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1993, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Title Annotation:Citibank purchases office building in New York, New York at foreclosure auction; former holding of Marcos Properties
Author:Weiss, Lois
Publication:Real Estate Weekly
Date:Jun 9, 1993
Words:844
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