DO ANY OF YOU SMELL A RAT AND MIGHT FIND IT ADVANTAGEOUS TO SETTLE LEGAL
MATTERS TO GAIN ACCESS TO THE PROPERTY AND ITS AIR RIGHTS BY BURNING THE
CHURCH TO THE GROUND? THE BURNING OF ST. SAVA WAS SUSPICIOUS FROM THE OUTSET
AND NOW IT SEEMS THERE ARE OTHER PLAYERS IN THIS OUTRAGEOUS DRAMA...

 

 

therealdeal.com
<http://therealdeal.com/2014/12/08/madison-equities-says-church-crossed-it-i
n-air-rights-deal/>  


Madison Equities says church crossed it in air rights deal


By Kyna Doles and Claire Moses


Madison Equities says church crossed it in air rights deal


Developer claims church wants to slap it with $13.5M fee for brokerage firm
Tenantwise

December 08, 2014 05:06PM 



The Serbian Orthodox Cathedral of St. Sava and Robert Gladstone

Madison Equities, a developer of luxury residential projects in the city, is
suing the Serbian Orthodox Cathedral of St. Sava for allegedly breaching a
letter of intent between the two parties and acting in a "deceitful and
unconscionable" way by not disclosing a $13.5 million broker fee. 

Madison is looking to tap into unused air rights at the site of the
landmarked church at 13 West 25th Street, as well as those belonging to the
property adjacent to the church - just under 200,000 square feet of air
rights in total - to construct a commercial building. The developer promised
to help pay for much-needed restorations and improvements on the sanctuary,
in exchange for the church's air rights, according to a lawsuit filed in New
York Supreme Court late last week. The two parties signed a letter of intent
in May 2014, and planned to enter into more formal negotiations.

But the church, allegedly unbeknownst to Madison, hired commercial brokerage
Tenantwise to negotiate on its behalf, Madison claims in its suit.

While Madison - which is led by Robert Gladstone - agreed to enter into
negotiations about the air rights and paid $250,000 in advance to the
church, the developer didn't know about the existing liability between the
church and Tenantwise, according to court papers. Madison paid the money to
the church up front to "help" with matters such as counsel fees, because the
church seemed to be in need of the funds, the developer's lawyer Larry
Hutcher told TRD in a brief phone interview on Monday.

The church only disclosed Tenantwise's involvement after it signed a letter
of intent with Madison, and also asked the developer to foot the bill for
TenantWise's services, which they said was $13.5 million. "Upon further
information and belief, the Executive Board of the Church embarked upon a
scheme to escape the consequences of their mismanagement (and potential
breach of their fiduciary duties to Church members) by shifting the
liability to Tenantwise to Madison," the suit states.

In the suit, Madison claims that Tenantwise's fee "exceeds market value by a
multiple of six." Such a fee, the suit continues, renders the proposed
transaction between Madison and the church "unfinanceable."

The hefty fee is a deal breaker for Madison, Hutcher said. "It's not the
Christian way."

A representative from the Serbian church couldn't be reached by press time.
A Tenantwise representative declined to comment when reached by phone.

Madison is suing to get its $250,000 payment back as well as damages
incurred because of the suit, according to Hutcher.

Cash-strapped houses of worship all around the city are looking to partner
with developers
<http://therealdeal.com/blog/2014/10/20/brooklyn-congregations-put-faith-in-
development/#sthash.l8X0XtW2.dpuf>  to build out their land and air rights
<http://therealdeal.com/issues_articles/houses-of-the-holy/> .

Madison already developed 57 Irving Place
<http://therealdeal.com/blog/2012/05/16/57-irving-sold-out/> , 10 Sullivan
Street
<http://therealdeal.com/blog/2014/02/24/broad-street-compromises-on-greenwic
h-village-condo-design/> and a residential conversion at 212 Fifth Avenue,
among other properties. The firm, which was founded in the 1960s, opened a
Marriott hotel on the Upper East Side in 2006. In 2012, Madison faced a
foreclosure lawsuit at the Chelsea Modern
<http://therealdeal.com/blog/2012/03/14/madison-equities-faces-12m-foreclosu
re-suit-at-chelsea-modern/> , one of its residential properties, after
allegedly defaulting on a $12.1 million loan to refinance the luxury
condominium.

 

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