NYC 9/11 Public Portal Document
DEPARTMENT OF CITYWIDE ADMINISTRATIVE SERVICES J*
DIVISION OF REAL ESTATE SERVICES
BUREAU OF LEASING AND SPACE DESIGN
MUNICIPAL BUILDING, 20th Floor - Room 2000N
NEW YORK, N.Y. 10007
(212)669-2620
WILLIAM J. DIAMOND LORI FIERSTEIN JEFFREY R KONDRAT
Commissioner Deputy Commissioner Assistant Commissioner
March 2, 1998
TO: Dan Muller
Chief of Contracts and Real Estate
Law Department
FROM; JefFKondrat
Assistant Commissioner
RE: 7 World Trade Center Lease
Mayor’s Office of Emergency Management
A week or so ago we discussed the possibility of making progress payments to the Landlord
(Silverstein Properties) during the proposed renovations for the Tenant’s share of the costs in lieu
of paying construction financing costs. The construction financing costs for the City’s estimated
$12,000,000 portion of the work could exceed $500,000. You asked me to find out the current
practice in the commercial real estate market in Manhattan for the payment of the tenant’s share
of the costs of renovations.
I have poled two DC AS Tenant Representatives, as well as discussing it with Silverstein. When
renovations are needed it appears that the Tenant makes the renovations about 50% of the time.
When landlords make the renovations, in most cases the tenants make progress payments for any
renovations above the landlord’s work letter when billed, which is usually when the contractor
needs to pay the suppliers. In some cases, tenant’s payments are made in regular intervals during
the renovations (which we are contemplating doing at 7 World Trade Center). Indeed, Silverstein
claims that if the costs above the landlord contribution are excessive, they demand a 20% down
payment and regular payments during the construction so the tenant’s share of the costs are all
paid prior to completion.
In this market, it certainly appears that in this and future deals where the landlord must finance
large renovations costs, that the City will be asked to make progress payments or pay for
construction financing. Since our costs of funds (6% to 7%) is far less than a normal commercial
landlord’s cost of funds (10% to 11%), it would be far less costly to make progress payments.
I hope this addresses your concerns. Call me if you have any further questions.
cc. Lori Fierstein
Philip Damashek
Jason Cutler
NYC-WTC_000170769
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