Friday, December 21, 2007

Kenwood's comeback

SYCAMORE TOWNSHIP - A couple of Christmases from now, holiday shoppers hustling to wrap up their present-buying at Kenwood and Montgomery roads will be greeted with a far different scene.

Today's piles of dirt, steel beams and construction cranes will be stores and restaurants not found elsewhere in Greater Cincinnati and Northern Kentucky. An already strong retail area will be even stronger.

At the south end of the mall, work crews are making way for the highly touted, 140,000-square-foot Nordstrom department store.

To the north is rising Kenwood Towne Place, a $180 million retail and office development by Bear Creek Capital that will house the region's first Crate & Barrel.

And across Montgomery Road at Sycamore Plaza, construction is almost complete on the 27,000-square-foot Jared Jewelers. The store is part of a $2 million makeover of the plaza, which has added more than 50,000 square feet of new restaurants and retailers in the past three years, including The Fresh Market, IHOP and Macaroni Grille.

Of course, Kenwood already boasts the best selection of shopping in the region: The Apple Store, West Elm, Pottery Barn, Sharper Image, J. Crew and Coach, among others.

"Kenwood really just has more to offer," said Julie Haller, who drove from Liberty Township to Christmas shop at Coach and Macy's. "I had some pretty specific places I needed to go, so I came here."

Shoppers come from even farther than the northwest suburbs, said Greg Bickford, director of planning and zoning for Sycamore Township.

"If you look at Kenwood, you have places here that you can't get anywhere else," he said. "In turn that brings us people from as far down as Louisville and Lexington and as far north as Columbus."

For RP Properties, which purchased the center in July 2004 for $61.5 million, the investment was a no-brainer.

"This is the target market in Cincinnati for shopping, and we've seen our investment come back in spades," said Jason Lieberman, chief operating officer for RP Properties, which owns a portfolio of more than 15 shopping centers.

Today the firm estimates the value of Sycamore Plaza, which first opened in 1966 and is home to retailers including Old Navy, Barnes & Noble and Dick's Sporting Goods, exceeds $100 million.

AN OPENING AND A TURNAROUND

Just five years ago, the Kenwood area was not the bustling retail hub it is today.

The trendy lifestyle center Rookwood Commons in Norwood had opened, heating up competition for older, indoor-oriented centers such as Kenwood Mall, built in 1956. And developer Jeffrey Anderson Real Estate was contemplating a third expansion of its Rookwood shopping center.

Norwood was getting the retail attention back then, said Scott Yards, a senior associate with CB Richard Ellis' Cincinnati office. "Kenwood was kind of just there," he said.

But troubles surfaced for the planned Rookwood expansion and legal battles ensued over Norwood's use of eminent domain to secure neighboring homes and commercial properties for the development. Last year, the Ohio Supreme Court sided with home owners, and today the site houses two vacant houses surrounded by chain-linked fencing.

"Had the Rookwood scenario gone the other way, maybe you would have seen some other things happen there rather than at Kenwood," said Rob Molloy, Sycamore Township administrator. "Crate & Barrel is a prime example. We heard several times that it was going to be at Rookwood, but it ended up here."

At the same time, Chicago-based General Growth Properties entered the scene. The publicly traded real estate investment trust, which owns more than 200 malls including Florence Mall, purchased Kenwood from the Teachers Retirement System of Ohio for $218.1 million in August 2002.

As plans for Rookwood's expansion teetered, General Growth moved quickly to unveil a multimillion-dollar facelift for a recreated Kenwood Towne Centre.

By June 2003, construction had begun on Kenwood's new streetscape - a move that added nearly 100,000 square feet of shopping and helped attract top-tier retailers such as West Elm and Ann Taylor Loft as well as a Cheesecake Factory restaurant.

"The mall needed to have some capital invested into it to attract high-quality users, and they transformed it from something that was going downhill into something that will be viable for a long period of time," said John Silverman, managing principal of Cincinnati-based developer Midland Atlantic.

Silverman's firm in August completed a $20 million redevelopment of a former Frank's Nursery site across from the mall on Kenwood Road.

Known as Kenwood Place, the retail center is 100 percent leased and boasts retailers such as M. Hopple & Co. stationery, Down Lite and Drexel Heritage, a furniture store new to Cincinnati.

"We are very strong believers in the Kenwood market," Silverman said. "I hate to give credit to a competing company, but quite frankly what has made Kenwood a 20-year market has been the investment by General Growth."

Today Kenwood Towne Centre is considered to have the highest sales per square foot among malls in Ohio, Yards said, though General Growth declined to disclose those figures.

"For true retailers coming into the market, the No. 1 location to go is Kenwood," he said.

Bear Creek Capital, RP Properties and Midland Atlantic are just a few of the area developers hoping to ride the wave of Kenwood's comeback.

"In the past two years, the amount of new retail and office space under construction has really boomed," Yards said.

Since 2005, more than 360,000 square feet of new retail space has been constructed in the Kenwood market, along with 485,000 square feet of office space between 2006 and 2007, according to CBRE.

"The demographics are so strong that we think you're going to continue to see that unique retail and office opportunity blossom," said Greg Bickford, planning and zoning director for Sycamore Township.

While Hamilton County's median income is about $43,800, the average household income in a 1-mile radius of Kenwood and Montgomery roads is estimated at $66,757, according to statistics from CB Richard Ellis. Within a 3-mile radius the average jumps to $80,466.

Though they declined to share occupancy rates, both RP Properties and General Growth said retail tenants are waiting in line.

"Spaces don't sit empty here," said Cindy Hart, sales and marketing director for Kenwood Towne Centre. "I think the biggest change you're going to see in the next two years is new tenants coming in along with Nordstrom."

At Sycamore Plaza, RP Properties is lining up a restaurant and additional retailer to fill space left open by Rackroom Shoes' departure.

"It's a very tight market for property, and we have several tenants that we're talking to," Lieberman said. "We expect to make a selection in the next 30 days."

DEMAND UP, LAND SCARCE

With demand for space on the rise and a tight supply of developable land, investors are paying a premium to be near the action.

"One-acre lots are selling for $1 million to $3 million simply because the market can support it," Bickford said. "You'd be hard-pressed to find land going for that price anywhere else in town."

The area also boasts the highest average rental rates in the region with retail space topping off at about $18 a square foot and office space ringing in at $22 a square foot, according to CB Richard Ellis.

However, such costs are offset for tenants and investors by other perks and savings, said Dan Neyer, president of Neyer Properties, which is constructing the second phase of an $18 million office condo on East Galbraith Road just across from the mall.

"It's non-incorporated area, so there's no earnings tax. It has great visibility and access, and it's close to so many business owners," he said. "Kenwood has all of the amenities and none of the burden."

As retail opportunities become saturated, office projects such as Neyer's are coming to the forefront in Kenwood, Bickford said.

"One of the things we hear some retailers say is, 'Well, I don't do well during the day,' " Bickford said. "The township's push is to continue to increase office opportunities to bring in the corporate folks as well as the smaller businesses."

In addition to Neyer Properties' office condos, construction on a 160,000-square-foot office development is under way on Montgomery Road at the Redstone of Kenwood, a project by Cincinnati Capital Properties and Scott Street Partners.

The site was once touted as a new location for the downtown Maisonette restaurant, although that plan was sidelined in 2005.

Additionally, Global Fitness Holdings announced earlier this year its plans to break ground on a new Urban Active fitness center, which will include 60,000 square feet of office space, at Montgomery and Hosbrook roads.

DOWN THE ROAD

Looking forward, Yards said that despite the heavy development, the Kenwood area still has room - and reason - to grow.

"There are additional sites that offer potential redevelopment opportunities down the road," he said. "From an office perspective, a major factor for Kenwood will continue to be that it's amenity-driven, it's surrounded by a good employee base with the growing suburbs in Warren and Butler counties, and it's attractive to the young professionals."

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source: enquirer.com

Office building in trouble

Financial troubles for the owners of a downtown office tower has left Duke Energy holding a bill for more than $200,000 and at least two dozen tenants contemplating their futures.

Early Tuesday afternoon, Duke Energy said it planned to cut off gas and electric service to the Bartlett Building, 36 E. Fourth St., by 8:30 a.m. today.

The 18-story office tower is home to Fresh restaurant, Bartlett & Co. and at least 400 American Airlines reservation employees.

The building's owners, Sterling Phoenix VI, LLC and Carnegie Realty Partners LLC, have failed to pay a "sizable" utility bill, said Kathy Meinke, a Duke spokeswoman.

By late Tuesday afternoon, Meinke said the utility temporarily called off the disconnection plans. "I say temporary because the matter has not been resolved," she said. "We are trying to continue to work with this owner."

Messages left with Sterling Phoenix asking for comment were not returned Tuesday.

The company purchased the 18-story tower in March 2006 for $8.2 million. In September, the firm said it planned to turn the building into a boutique hotel and asked tenants to vacate by next October.

But last month, Chicago-based Carnegie Realty filed for Chapter 7 bankruptcy in U.S. Bankruptcy Court in Chicago. Among the 18 debtors listed in the filing is Duke Energy, which is owed $227,297.

In the filing, CEO John Thomas said his company had worth no more than $10,000 and debts up to $1 million. The Chicago Sun-Times reported in November that Thomas had worked as an informant for the FBI after a 2004 felony fraud conviction in New York.

Meanwhile, the building's tenants said they are weighing their options. "We're sort of in the dark like everyone else," said Laura Humphrey, marketing manager for the investment firm Bartlett & Co.

Duke Energy is not the only local company that says the building's owners owe them money, Hamilton County Court of Clerk documents show. In 2007, at least four companies have filed suits in Small Claims and Common Pleas courts against Sterling Phoenix. The claims exceed $200,000, records indicate.

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source: enquirer.com

Tower's rising at SouthShore

NEWPORT - Steel beams and construction cranes are rising high along Newport's skyline as work continues on Capital Investment Group's 21-story SouthShore condominium tower.

Part of a planned $200 million condo and office development on Newport's riverfront, SouthShore's first condo tower is on track to be complete by August, said Gregg Fusaro, a partner with Capital Investment Group.

A topping-off ceremony - which marks the placement of the final steel beam on the tower - is planned for early February.

A second tower to be built later is expected to include at least 75 condos. Additionally, developers are considering designs for an office development on the west side of the 2-acre site, which could include a hotel, Fusaro said

Condo prices start at $385,800 and go as high as $3 million. To date, 38 of 70 units have been pre-sold.

"Despite all the difficulties out there in the housing market, we've done awfully well here," Fusaro said. "I think it goes to show that in a down market, you better have the best product in the best location to do well."

Also planned for SouthShore is a 100-slip marina, for which developers are awaiting approvals from the Army Corps of Engineers.

"We've been told by the Corps that they don't have any significant opposition," Fusaro said. "I think with our location this will be a real nice amenity, not only for condo owners but for boat owners working downtown."

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source: enquirer.com

County may ask mortgage proof

Hamilton County could become the first in Ohio to adopt court rules closing the courthouse door - at least temporarily - to some financial institutions seeking to take homes through foreclosure.

The proposed rule would target lenders who file foreclosure cases but can't prove they own the mortgages. Court officials say the rule would slow foreclosures by weeks or months, while the lenders get the paperwork in order to demonstrate their right to take the properties.

Hamilton County already has set a record for the number of foreclosures in 2007, with 6,088 cases filed as of Tuesday. An average of 25 new cases are being filed every day, by a growing number of financial institutions and law firms. And increasingly, the company filing for foreclosure isn't the homeowner's original lender - it's another financial institution that bought the mortgage but may not yet have documentation to prove it.

As lenders sell off bundles of mortgage loans to Wall Street investors who repackage them as commodities, the owner of the mortgage isn't always obvious.

Mortgage loans actually consist of two separate legal documents: The promissory note details the repayment terms. The other document is the mortgage itself.

It gives the lender the right to take the property.

The mortgage document usually stays with the originating bank, and it can take weeks or months for that paperwork to reach the second, or third or fourth, investor that bought it.

The proposed local rule must be agreed to by a majority of judges, who meet next month. The rule would prohibit lenders from filing a foreclosure action unless they sign a sworn statement that they also own the mortgage. That could be just a paperwork issue, but it could delay a foreclosure filing by weeks or even months.

It's unclear how many cases would be affected by the rule, or how lenders might respond. Richard M. Rothfuss, whose law firm of Lerner, Sampson & Rothfuss handles more foreclosures in Hamilton County than any other firm, said he had not seen the proposed rule and could not comment on it.

One national study suggests that 40 percent of foreclosure cases in bankruptcy lack the required paperwork to demonstrate that the lender is what's known in the law as "the real party in interest."

The proposed rule would effectively expand the scope of a decision by Judge Steven E. Martin last month that threw out a foreclosure brought by Wells Fargo Bank against a North College Hill couple. The bank, Martin ruled, didn't have standing to bring the case when it filed the lawsuit.

Martin was the first state judge to throw out a foreclosure case after three federal court judges in Ohio made similar rulings.

"Why would we let somebody file a lawsuit to take someone's house unless they're the real party in interest?" Martin told his fellow Common Pleas Court judges Wednesday.

Ohio Attorney General Marc Dann is seeking to expand Martin's precedent to courts all over Ohio. Dann has asked judges to throw out existing foreclosure cases over the "real party in interest" issue.

Critics say that action would simply delay the inevitable - and could make the problem of abandoned properties even worse. Most people move out when foreclosure cases are first filed - sometimes months before the cases go before a judge.

Martin is also pushing for a local rule that would require buyers to file a sheriff's deed within 14 days of acquiring the property at sheriff's sale.

That rule, he said, is in response to an Enquirer report that some lenders were taking properties through foreclosure but not filing the deed - thus evading responsibility for paying taxes and complying with building codes.

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source: enquirer.com

AFC's new home will tower

The 40-story office tower planned by Western & Southern Financial Group along Third Street will be a landmark structure named for a marquee tenant: American Financial Group Inc.

Top executives from both companies revealed Thursday that AFG had signed a 15-year lease for 22 floors, or two-thirds of the structure, to be called the Great American Insurance Building at Queen City Square.

It will be Cincinnati's tallest structure, rising 660 feet - well above the 574-foot Carew Tower and altering the downtown skyline with its signature "tiara" after its completion in 2011.

"This is going to be the building that you see on Monday Night Football," Western & Southern chairman John F. Barrett said in an interview.

• What do you think about the city's new landmark

The deal means that AFG, the insurance company controlled by the family of financier Carl Lindner, will move most of its operations into the new building. It will keep its official headquarters in the National City building on Fourth Street.

AFG's move into the building - which also will have 25,000 square feet of street-level retail space and a 1,400-space parking garage - might also have saved more than 2,000 jobs from leaving downtown. The company has about 2,500 workers, or 40 percent of its total work force, in five buildings. Co-presidents S. Craig Lindner and Carl H. Lindner III had considered developing land in Mason to consolidate the company's operations there. Instead, they will likely move into the new space.

"There are a lot of inefficiencies when you are that spread out," Carl Lindner III said. Many AFG employees live closer to downtown or in Northern Kentucky and would have an easier commute to a new city location than to Mason, he said.

Still, AFG officials said the company - the parent of Great American Insurance Co. and Great American Financial Resources - might yet build in Mason and expand there.

Some of the downtown AFG employees are in leased space, such as the 580 Building on Walnut Street. AFG's move could increase office vacancy rates downtown, although the three years between the start of construction and when the new building will be occupied will give the 580's owners time to find new tenants.

Elected officials applauded the official announcement of the new tower.

"Anytime a new tallest building is built in a city, it is a clear sign of progress," Mayor Mark Mallory said in a statement.

AFG will lease 530,000 square feet of the 825,000 square feet of space in the building, designed by the architectural firm of St. Louis-based Hellmuth, Obata + Kassabaum. The main entrance for the building will be a rotunda at the southeast corner of Fourth and Sycamore. Construction will begin in the spring, after demolition of a 1,500-space parking garage at Third and Sycamore that Western & Southern owns.

AFG signed the lease for Western & Southern's new building about a week ago, Barrett said. Securing the lease was crucial in clearing the way for Western & Southern to build the project, which had been on the drawing board for almost two decades without movement.

Since real estate lenders view leases as collateral, pre-leasing major portions of new office buildings is important. Barrett would not comment on how the project - with an estimated price tag of more than $300 million - will be financed. But he hinted that funding could be structured similarly to that of its 303 Broadway building, which opened in 2005 in what then was the first office building constructed downtown in 14 years.

That project was bankrolled in part by using bonds issued by the Port of Greater Cincinnati Development Authority, which Western & Southern eventually bought.

Thursday's announcement was made under the exposed steel beams of 303 Broadway's 16th-floor space that Barrett said is part of the last 5,000 square feet in that building which hasn't been leased.

Though primarily in the insurance and financial services businesses, Western & Southern has grown into one of Cincinnati's key downtown developers. In many instances, the company has spent more of its own money as a percentage of development costs than is customary in big real estate deals.

When subsidiary Eagle Realty built 303 Broadway at a cost of $62.5 million, it did so with $45 million in port authority bonds. Eagle bought $10 million of the bonds itself, and covered the other $35 million by signing the building over to the port and leasing it back.

Western & Southern also has the rights to develop the vacant parcel at Fifth and Race streets across from the downtown Macy's and Saks Fifth Avenue stores. Of the estimated $103 million it will cost to build the condo-retail-parking structure Eagle has proposed there, Barrett said his company could spend about $90 million.

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source: enquirer.com