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 Few cities contain as much vacant realty as Detroit. The city
leveraged that liability into settlements with two major creditors
by giving them land and leases - and making it in their financial
interest to help revitalize the city.
"The city does not have to come out of pocket with money and they
get a piece of property back on their tax rolls," said Pat O'Keefe,
chief executive officer of O'Keefe and Associates, a turnaround
firm. "It's a tremendous blueprint to settle claims."
Any city under enough financial duress to declare bankruptcy likely
has taken possession of "interesting real estate" that could be used
in settlements, he added.
On Friday, Federal Bankruptcy Judge Steven Rhodes is expected to
rule that Detroit's plan for restructuring $18 billion in debt and
obligations is fair to creditors and feasible for the city to
follow.
The plan includes an agreement with Financial Guaranty Insurance Co
[FGIC.UL], a bond insurer with a $1.1 billion exposure from
guaranteeing pension debt. FGIC gained control of the site of the
Joe Louis Arena and plans to turn it into a housing and retail
development anchored by a hotel.
 Another settlement, with bond insurer Syncora Guarantee [SYCRFS.UL],
includes a lease on part of a tunnel connecting to Canada, control
of a parking garage, and options to acquire property near the
riverfront.
Both deals incorporate cash and city-issued notes, as well.
The use of real estate is not new, said Matt Fabian, managing
director of Municipal Market Advisors, an independent research firm,
but amalgamating different sources of recovery that include property
is.
"For larger and more intractable situations like Detroit and Puerto
Rico, this is going to be the way to do it," he added. "This is
setting the model for difficult-to-refinance issuers."
After Detroit filed for bankruptcy in July 2013, creditors pressed
to monetize the Detroit Institute of Arts collection. In mediation
the city and foundations came up with a "Grand Bargain" to pay
pension claims without selling the collection.
Still, the idea of using city assets remained. During closing
statements at the hearing on the plan, Bruce Bennett, an attorney
from law firm Jones Day representing Detroit, said the city
evaluated many properties "to see what could be monetized."
"There was a drive to create arrangements that, No. 1, deployed
assets for the benefit of creditors but, No. 2, did so in a way that
if the creditors go forward...they’re going to have to make
investments in the city of Detroit," he said.
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The deals also take properties' maintenance costs off city ledgers,
he added.
Sandy Baruah, chief executive officer of the Detroit Regional
Chamber, lauded the approach. "The ability to use some physical
assets to help resolve objections got us to the point where the
bankruptcy process could be executed sooner and with less hysterics
and a higher level of agreement than we expected a year ago," Baruah
said.
Detroit's vacant properties are nothing new. The movie "8 Mile"
captured the images of a once-thriving industrial hub in ruin 12
years ago. Still, Detroit fell victim to the housing market's
collapse and saw staggering population declines. The Motor City
became, in many ways, the empty city. Fellow Midwestern metropolis
Chicago had 11,841.8 persons per square mile in 2010, according to
the U.S. Census. Detroit only had 5,144.3 persons per square mile.
Detroit is developing its riverfront area, building up its downtown,
and hoping to attract residents, and redevelopment of sites like the
Joe Louis Arena builds on long-established relationships with the
bond insurers.
"Let's remember there was a close tie before," said Baruah. "They
invested in Detroit many years ago."
Councilmember Gabe Leland, who chairs the committee on planning,
said the deals make the insurers partners in the city's future.
"The benefit here is that the land transactions will allow the
creditors to be a part of the growth of the city. As they succeed,
we succeed, and vice versa," Leland said.
(Additional reporting by Karen Pierog in Chicago; Editing by David
Greising and Lisa Shumaker)
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