Entertainment Properties Trust has asked Judge Ortrie D. Smith for a 14 day extension in their case against LC New Roc LP, LLC, a Capelli entity, according to court documents filed in the U.S. District in Western Missouri last week.
On June 11th, J. Emmett Logan, an attorney at Stinson, Morrison, Heckler LLP representing EPT filed the request:
The extension is requested because the parties have executed a Letter of Intent to settle all claims in this and other actions and, while they have worked diligently to complete the Definitive Agreements that will implement the Letter of Intent, they have not yet completed
The filing goes on to say that both sides have agreed to what would be the second 14-day extension.
Louis Capelli told Talk of the Sound on Friday that he expects to sign the Letter of Intent imminently.
Sources tell Talk of the Sound that as part of the deal, EPT will turn over the City Center at White Plains which has been "upside down" since losing two major tenants, Circuit City and Filene's Basement. The Capelli entity that had been managing New Roc City has already been replaced by CB Ellis.Read more
Louis Capelli today fired off a searing email to David Brain, CEO of Entertainment Properties Trust, accusing EPT of unfairly damaging his reputation by making false statements and using inflammatory language during a publicly broadcast conference call last month.
Capelli asks Brain to give "immediate attention" to his call for EPT to retract its previous statements regarding a $700,000 transfer of funds among two Capelli entities which Capelli has described as both proper and necessary to his efforts to sign lease deals with Kohl's and Target at New Roc City.
In a story first reported by Talk of the Sound, EPT's CEO David Brain, COO Gregory Silver and and CFO Mark Peterson repeatedly bashed Capelli to Wall Street analysts and investors during a May 3rd conference call which was webcast live over the Internet, claiming a $700,000 transfer of funds was an "unauthorized loan", that Capelli management of New Roc had been "terminated" and bank accounts "seized" as a result.Read more
An entity controlled by Louis Capelli made an unauthorized $700,000 loan to itself, according to Capelli's partner in the New Roc Entertainment Retail Center. As a result of the unauthorized loan, the investor, Entertainment Properties Trust (EPT), terminated the management agreement with the Capelli entity and seized all bank accounts related to the project. EPT subsequently installed CB Richard Ellis as the day to day manager of the property.
UPDATE: Louis Capelli has responded to our story here, Entertainment Properties Trust Grossly Misrepresented New Roc Deal to Wall Street Analysts Says Capelli, Demands Retraction
Capelli is a partner with Entertainment Properties Trust in New Roc City and, through an affiliate, was also the property manager. EPT began legal action against various Capelli legal entities in 1Q10, including New Roc City in New Rochelle, City Center in White Plains and the Concord Resort in upstate New York.Read more
Public unions have gotten so used to clamoring for pay increases to keep up with inflation that when faced with an economy with little or no inflation they know nothing better but to keep making the same argument even as the greater danger in today's market is moving into a deflationary period which, as any one who has studied the Weimar Republic in post-WWI Germany can tell you, is a very dangerous economic situation in which civil order breaks down and maniacs like Adolph Hitler can be elected as dictators.
I am not suggesting deflation is imminent but the notion that public union workers needs raises when private sector employees are losing their jobs, having their hours scaled back or facing pay reductions is absurd. That they are making such demands in the face of state and local governments at the point of insolvency risks permanently discrediting the union movement and the workers they represent.
The biggest source of public sector funding in New Rochelle goes to F.U.S.E., the teachers union. While claiming to have negotiated a new contract last year, in fact, the "contract' was yet another extension of the existing contract which was to expire several years ago.Read more
As the city council wrestles with the decision on whether or not to grant extensions to developers, prime property sits, vacant, nearly blighted.Read more
Staying ahead of the curve has been a challenge for Forest City Enterprises during these economic times . As if things weren't bad enough , the Cleveland based developer recently had it's wings clipped again by two leading credit rating firms . I won't bore you with the details , but a synopsis of the developers recent woes can be found at no land grab . What's interesting is that you won't necessarily see this info when you look up the stock trading info for the day . You'll see press releases and other analysis , but if it weren't for the folks at No Land Grab , I certainly wouldn't have known . Thanks guys!Read more
This was a popular catch phrase for a while and perhaps Ms Schweig should take it to heart. By her very own reasoning, the school board SHOULD be mindful of the taxpayer, realize the severity of the economic climate (even though it's temporary Ms Schweig, it's still devestating for many) , exhibit some fiduciary responsibility and suck it up themselves. You can tout the budget as the lowest in years percentage wise but the very size of the budget makes every percentage point translate into money than many can't afford. Ask yourself, if it is temporary, why can't the district keep the increase down to the 1.5% to 2.5% that so many districts have been able to do? Why? Because they don't care. We are voting on the budget for one year, not all future budgets. When times are better they will get a larger increase, but in times that see homes in foreclosure at historically high rates, job losses not seen in 20 years, the loss of the STAR tax rebates (did you know about that?), a sewer tax increase of $700.00 per year, corruption that now has the District Attorney looking into the district. Not to mention the assessables. Everyone, from commentary on this site, to the finance commissioner of the city has reckognized the truth about the numbers. Now, suddenly, Mr O sees the light?Read more