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LAKE LAS VEGAS: Bankrupt project still alive

Henderson development tries to borrow $127 million

So what does one of the largest bankruptcies in Nevada history look like from street level?

After two weeks, it's hard to tell.


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  • Lake Las Vegas shows no outward signs of the financial trouble that prompted five companies connected with the master-planned community to file for Chapter 11 bankruptcy protection on July 17.

    Thursday morning, the lakefront development swarmed with maintenance workers, who busily cut the grass, raked up leaves and hunkered over leaky valve boxes.

    Residents came and went through the gates of their gated communities. The tortoise sculptures in front of Loews Lake Las Vegas resort spat water.

    UNLV law professor Nancy Rapoport isn't surprised.

    Lake Las Vegas has one mission right now, she said: "Try to preserve the going-concern value" of the development.

    For one thing, the property is worth a lot more if it's open, operating and in one piece.

    "Ideally, you want to see if there's someone else who wants to come in and take it over," said Rapoport, who teaches bankruptcy law at UNLV's Boyd School of Law.

    On Monday, a Las Vegas bankruptcy judge will hold a hearing to determine whether Lake Las Vegas should be allowed to borrow $127 million from a Wall Street investment banking firm.

    Company officials say they need the money to pay for repairs to the 2-mile-long man-made lake and maintain payroll, employee benefits and day-to-day operations. The company employs 260 workers, mostly for its golf courses.

    Rapoport said this bankruptcy "might well be" the largest Nevada has ever seen.

    Already it's large enough to prompt wild speculation about the city of Henderson getting dragged into bankruptcy, too. But city officials literally laugh that off.

    "Are you kidding?" Henderson City Attorney Shauna Hughes said. "There is absolutely no connection between the financial condition of Lake Las Vegas and the excellent financial condition of the city of Henderson."

    Hughes is scheduled to testify at Monday's bankruptcy hearing. She said city officials have "every confidence" that Lake Las Vegas will be allowed to borrow the money to make repairs and keep operating.

    Even those with reason to worry aren't too concerned.

    UNLV President David Ashley paid $1.35 million in October for a 4,125-square-footer that backs up to the 13th hole of the Reflection Bay golf course.

    He said the bankruptcy doesn't really bother him. Though it could stall further development in the community, he doesn't expect to see major changes to what is there.

    Ashley said his homeowner's association sent a letter assured him that the bankruptcy would not have an impact on services or drive up fees.

    If Ashley has any regrets, it's that he bought a house before the overall real estate market finished its current slide.

    From what he's seen so far, though, homes in Lake Las Vegas seem to be holding their value better than some places.

    "If you were going to buy anywhere in October, that was as good a place as any."

    The people Ashley worries about are his neighbors. They had their house up for sale when news of the bankruptcy broke, he said. "The market is hard enough right now for people trying to sell a house."

    Ashley said he knew before he bought his home that Lake Las Vegas was under some "financial stress," though he was not expecting a bankruptcy.

    Even so, his feelings about the community's "long-term value" have not changed. "I'm not in any way swayed to think about leaving. I'm absolutely committed to staying."

    Rapoport said homeowners might have nothing to worry about. Or maybe nothing additional to worry about beyond the nosedive the housing market was already taking.

    "It's not a given that their homes are going to go down in value with the Chapter 11 filing," Rapoport said. "Frankly, it will depend on the homeowners and their neighbors."

    If people stay put and take care of their homes, the bankruptcy could pass with no effect. If they panic and put their houses up for sale at once, values will decline, she said. "Clearly, a going concern is better for them than a fire sale."

    Hughes hasn't heard from any worried homeowners yet. She suspects some people living at Lake Las Vegas are reacting to the bankruptcy with "a feeling of relief." They don't see it as the end of the project, but as a way for it to move forward, she said.

    It looked like business as usual Thursday morning at Lake Las Vegas. Golfers golfed. Mowers mowed. Waterfalls fell.

    But it wasn't exactly busy.

    At 10 a.m., a single player had the tables to himself at Casino MonteLago. The nine other people in the 40,000-square-foot casino confined themselves to the slots.

    On the XM satellite radio station piped into the casino, Don Henley began to sing:

    Empty lake,

    Empty streets

    The sun goes down alone.

    Outside, MonteLago Village was a ghost town of boutiques, coffee shops and high-end eateries.

    Most of the shops were gamely open anyway, though a few of them had temporarily locked their doors and posted clock-shaped signs that said "back at noon."

    "You've got the village all to yourself this morning," said one store clerk by way of a greeting.

    Weekdays in the summer tend to be slow, the woman said, but things would pick up that night and through the weekend.

    She said Lake Las Vegas is busiest in late winter, when people come to Southern Nevada to escape the cold weather back home.

    "The economy is messing things up all over right now," the clerk said.

    This is Henderson's second major bankruptcy in two months.

    City Crossing, a $2 billion mixed-use development at St. Rose Parkway and Executive Airport Drive, filed Chapter 11 in early June.

    The key difference: That 126-acre project had yet to advance past the initial site work.

    The 3,592-acre Lake Las Vegas development has been around for close to 20 years, and people have been living there for the past 12 years.

    And Henderson officials have been on board from the very start.

    The city's stance on the project was something akin to unfettered glee, and no wonder. An analysis at the time predicted a $16 million boost in revenue for Henderson as a result of the project. That would have roughly doubled the general fund in a city of 50,000 eager to shake its industrial roots.

    A lot has changed since then.

    Henderson is now Nevada's second largest city, with a population of more than 260,000 and a general fund budget of almost $238 million. No single project, regardless of how audacious, can make or break the city anymore.

    But in the late 1980s, as the developers of Lake Las Vegas fought to win the reluctant approval of various federal, state and local agencies, they were frequently joined at the podium by Henderson officials.

    Hughes herself testified on the project's behalf in 1989 when developers were seeking final approval from the Clark County Regional Flood Control District.

    "We have been really supportive of this project from the very beginning," said Hughes, who has served as city attorney since 1983.

    But Henderson has also been very careful, she said, as evidenced by the "two dozen or so" separate agreements the city has made with the developers over the years.

    Under one of those agreements, the city is obligated to keep $30 million on reserve for another 11 years to pay for any stormwater improvements or cleanup that environmental regulators might order in connection with the lake.

    When the 30-year agreement runs out in 2019, the city is free to use the $30 million, or whatever is left of it, on something else.

    Henderson's only other direct financial link to Lake Las Vegas is a trio of local improvement districts that were set up to ease the construction of roads, utility lines and other public infrastructure there.

    It works like this: The developer builds the infrastructure and the city sells bonds to pay for it. The bonds are then paid off gradually over a decade or two, as the developer collects money from people who move into the community.

    At the moment, Lake Las Vegas is delinquent on more than $2.2 million in improvement district payments to the city. The combined payoff amount for bonds associated with the three districts is about $33.1 million.

    Ultimately, though, the bonds are secured against property at Lake Las Vegas, Hughes said. "The city is never on the hook for a dime."

    A public relations firm representing Lake Las Vegas did not respond to the Review-Journal's request for comment.

    It's unclear how long the development's Chapter 11 reorganization might last, but Rapoport is hoping it is still under way when she teaches her next bankruptcy law class in the spring.

    "How often do you get a big case in your own backyard for your students to follow?" she asked. "It's delightful."

    The last time something like this happened to her, Rapoport was working as dean of the law school at the University of Houston right when Enron went bust.

    Rapoport hasn't gotten around to visiting Lake Las Vegas yet, but she plans to go there soon.

    "I teach bankruptcy law, so I try to patronize businesses that are in Chapter 11. You try to give them the benefit of the doubt."

    Then Rapoport said something that Lake Las Vegas and its creditors should absolutely love: "People shouldn't see this as a reason to stay away."

    Contact reporter Henry Brean at hbrean@reviewjournal.com or 702-383-0350.

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    ..temujin ... khan of the yakka mongols ... wrote on August 04, 2008 08:12 PM:
    well I hope they fill the vacancies with some of these worthless section eight beings showing up in the Vegas scene...Love ya...You really need some cars scratched with keys..beer cans and candy wrappers scattered about.. loud boom boom music screaming in your ears..that's what upscale should be about a green hood mannnnn....


    Sad Summerlin wrote on August 03, 2008 11:12 PM: Yes... burn was a bit silly huh... meant DRAIN but burn came out... oh well...

    The end of your comment disturbs me. You say:

    The Developer Had No Right to Build (the lake)
    Henderson had no right to approve (the lake)

    Why doesn't a developer have the right to take a piece of land that it owns, get city government approval and put improvements on it? Man made parks, lakes, pools, etc - as long as there are funds to pay for it?

    You say the Lakes, Desert Shores etc "disgust" you... is it the lake or that you cannot afford to live there?

    So to avoid your "disgust" we cannot have any external exposed water in this desert? Sure water evaporates, but it is the price we pay making an oasis out of the desert. Your rules would ban pools, fountains, lawns, etc... doesn't that ruin part of the join in living in a desert climate... to be able to enjoy the outdoors and be refreshed by the water?

    I don't live at the Lakes, but I have enjoyed a walk around it. I have never been to Desert Shores so I can't speak to it. I have boated (a nice cocktail cruise) and walked around Lake Las Vegas too...

    Lake Las Vegas is NOT a private lake. You do not need to own a house there to view. Unfortunately, there are few people in Vegas who have actually gone to the Lake Las Vegas Resort to see the shops and the Lake. You will see it is much more than just a "private" lake.

    I cannot agree more with you however on the unscrupulous agents and people who bought beyond their means... this is not a case of that however.


    Moderator wrote on August 03, 2008 10:06 PM: P.s.
    Lakes don't burn


    Moderator wrote on August 03, 2008 10:03 PM: Sad Summerlin
    Who is coming for the neighborhood?
    It is not mean to not want to bail out a community that obviously has the means to solve their own dilemmas.
    And although some of the comments may seem mean spirited, they make very valid points, ie building a private lake in the desert. Henderson allowing developers to ruin the hillsides. Henderson not being more responsible in holding developers feet to the fire to meet their obligations.
    According to the story that was written, the homes are not in danger of anything, the neighborhoods are just fine. As a lifelong resident of Las Vegas It DISGUSTS me that projects like LLV, Desert Shores, and the Lakes even exist. The people that recieve the benifit of living on these overly lavish man-made lakes do not have a desire to let you, I, or anybody else enjoy these water wasting monsters. Once there is a problem watch how fast they turn to the rest of us to ask for a bailout. It "saddens" me to see real families lose their homes due to greed from real unscrupulous real estate agents or lenders, unfortunately my sympathy runs out for people who were driven by greed to invest in homes they had no right purchasing or in this case watching the demise of a lake that the developer had no right to build and Henderson had no right to approve.


    al olsen wrote on August 03, 2008 09:19 PM: Mr. Brean,
    Are you stupid? Dont you read your own paper. Compared to USA Capital's ch 11 that was close to 1 BILLION dollars, thats right 1 BILLION dollars, the LAKE las Vegas is almost insignificant. It impacted over 6000 senior citizens lives. Robbed them of their retirement and the food out of their mouths. The USA capital owners (Milanowski & Hantges)STOLE at least $150 Million dollars from the Diversified Fund and over $200 Million from the direct lenders and what they did not steal the lawers and the other professionals have stolen. I would estimate that approximately $500 million have been returned to all the investors. The FBI,Nevada Attorney General, Nevada Secretary of State, etc have done nothing to get our money back or put those bastards in jail. In fact, Hantges received a license from Nevada to sell time shares.

    I lost abot $224,000 of my retirement money inthe Diversified Fund, most of the funds have disappeared.

    By the way the same BK Judge that screwed the USA capital investors is going to do the same to the Lake Las Vegas (Reigle). Need background to see how relavant it is to lake Las Vegas? Can tell you who to call.

    Al Olsen (702.232.1293)


    Sad Summerlin wrote on August 03, 2008 08:42 PM: We absolutely have the most heartless people in the world on this blog...

    If you read some of these posts, we should probably be gathering our pitchforks and torches now and marching up Lake Mead Blvd to burn down the gates, torch the communities, sell all their jewelry, and burn the lake.

    THESE ARE PEOPLE'S HOMES YOU ARE TALKING ABOUT.

    GET A GRIP. It is not the resident's fault for what is going on.

    You people disgust me. Wait until it is your community they come for...


    stevefromohio wrote on August 03, 2008 06:08 PM: just hope they dont close down casino montelago anytime soon...i stay on the strip and still drive out there every day to play VP..probably been there 25-30 times since they opened.. very comfortable there....will be there a few times when i get to vegas labor weekend... love the place and the irish pub also!!


    Bobby W. wrote on August 03, 2008 05:59 PM: G is correct. Henderson = Worst suburb in the country. Run by incompetent hicks who kneel before developers every chance they get. The ironic thing is that Lake Las Vegas is probably the best part of Henderson, even though it's not open to the public and they destroyed the hills. And they won't even help fix it? We need to get some actual city planners over there ASAP.


    g wrote on August 03, 2008 05:42 PM: I wish the "city" of Henderson would go bankrupt. Henderson needs to be annexed by Las Vegas, it's not a real city anyway. And I don't appreciate them letting developers rape our hillsides. The eyesore they have created is unforgivable.


    City on the HOOK! wrote on August 03, 2008 05:39 PM: $127 million needed = projections off. Perhaps the most serious laugh that I received was this comment near the end of article:

    "Ultimately, though, the bonds are secured against property at Lake Las Vegas, Hughes said. 'The city is never on the hook for a dime'..."

    As if the City will foreclose and take the properties LOL!!! The City is therefore ON THE HOOK. Also, the City is on the hook ($30 million) for paying to correct any lake problem! PAY UP! So the following quote is simply insane.

    "Are you kidding?" Henderson City Attorney Shauna Hughes said. "There is absolutely no connection between the financial condition of Lake Las Vegas and the excellent financial condition of the city of Henderson."


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