Legislature(1997 - 1998)

04/18/1997 02:04 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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               HOUSE FINANCE COMMITTEE                                         
                   April 18, 1997                                              
                      2:04 P.M.                                                
                                                                               
TAPE HFC 97-106, Side 1, #000 - end.                                           
TAPE HFC 97-106, Side 2, #000 - end.                                           
TAPE HFC 97-107, Side 1, #000 - end.                                           
TAPE HFC 97-107, Side 2, #000 - #241.                                          
                                                                               
CALL TO ORDER                                                                  
                                                                               
Co-Chair Therriault called the House Finance Committee meeting to              
order at 2:04 p.m.                                                             
                                                                               
PRESENT                                                                        
                                                                               
Co-Chair Hanley               Representative Kelly                             
Co-Chair Therriault           Representative Kohring                           
Representative Davies         Representative Martin                            
Representative Davis          Representative Moses                             
Representative Grussendorf    Representative Mulder                            
                                                                               
Representative Foster was absent from the meeting.                             
                                                                               
ALSO PRESENT                                                                   
                                                                               
Representative Norman Rokeberg;  Representative Jeannette James;               
Forrest Browne, Department of Revenue; Dugan Petty, Director,                  
Division of General Services, Department of Administration; Ken                
Kincaid, Kincaid And Riely Real Estate Appraisers & Consultants;               
Richard Thaler, Attorney, Williams, Kastner, and Gibbs; John                   
Reising, Frontier Building, Anchorage; Randy Welker, Legislative               
Auditor, Legislative Audit Division; Bob Parks, Frontier Building,             
Anchorage, Benny Jackson, Department of Administration.                        
                                                                               
SUMMARY                                                                        
                                                                               
HB 236    "An Act giving notice of and approving a lease-purchase              
          agreement by the Department of Administration for an                 
          office building in Anchorage; relating to the financing              
          of the lease-purchase agreement; and providing for an                
          effective date."                                                     
                                                                               
          HB 236 was held in Committee for further consideration.              
HOUSE BILL NO. 236                                                             
                                                                               
     "An Act giving notice of and approving a lease-purchase                   
     agreement by the Department of Administration for an office               
     building in Anchorage; relating to the financing of the                   
     lease-purchase agreement; and providing for an effective                  
     date."                                                                    
                                                                               
DUGAN PETTY, DIRECTOR, DIVISION OF GENERAL SERVICES, DEPARTMENT OF             
ADMINISTRATION testified in support of HB 236.  He observed that               
the State has entered into a purchase agreement with the Equitable             
Life Insurance Association for the purchase of the Bank of America             
Building in Anchorage.  The agreement is subject to legislative                
approval.  He asserted that the purchase will save the State money.            
The Department of Administration's cost benefit review demonstrates            
that the purchase will save the State $44 million dollars, net                 
present value, over 25 years.  The purchase would lock-in a rental             
rate of $1.12 to $1.51 dollars throughout the 25 year period.                  
After 25 years, the State would only pay operating and maintenance             
costs.  He observed that the Department has been under pressure to             
bring down rental costs.  In FY 94, the Department was successful              
in negotiating more than $19 million dollars in savings from 39                
leases, including leases at the Frontier Building.  He noted that              
the main lease at the Frontier Building was reduced from $3.28                 
dollars a square foot to $2.15 dollars a square foot.  This lease              
was extended to the year 2000.  He emphasized that the leasing                 
budget is still under downward pressure.  He pointed out that the              
Frontier Building lease is one of the biggest and most costly.  It             
occupies 135,000 square feet.  The Department of Natural Resources             
occupies 100,000 square feet in the Frontier Building.  The current            
lease cost in the Frontier Building is $2.169 dollars per square               
foot.  The State has approximately 40 lease agreements representing            
770,000 square feet of office space in Anchorage.  The average per             
square foot cost for commercial property in Anchorage is $1.56                 
dollars.  Without the Frontier Building the average lease would be             
$1.38 per square foot.                                                         
                                                                               
Mr. Petty noted that negotiations for the purchase of the Frontier             
Building failed.  In December 1995, the Division sent a letter to              
all the lessors requesting suggestions to reduce the State's                   
operating costs.  As a result of this letter, Mr. Glenn Scott                  
contacted the State with a proposal for the State to buy the Bank              
of America Building in Anchorage.                                              
                                                                               
RICHARD THALER, ATTORNEY, WILLIAMS, KASTNER AND GIBBS, ANCHORAGE               
observed that he represented the State in respect to the Frontier              
Building and the Bank of America negotiations.  He gave a brief                
history of his work experience in commercial real estate law.  He              
reviewed the Frontier Building purchase negotiations.  The State               
offered to buy the building for $46 million dollars, subject to                
appraisal.  The offer was rejected and negotiations were terminated            
by the Frontier Building representatives.  The appraisal was                   
completed at $31 million dollars.                                              
                                                                               
Mr. Thaler discussed the Bank of America Building purchase                     
negotiations.  Negotiations began in September, 1996.  The parties             
reached agreement on a purchase price of $25.950 million dollars.              
The purchase includes the building, underground parking garage and             
more than two blocks of downtown land that has been improved as                
paved and stripped surface parking lots.  He asserted that the                 
purchase price is good.  The purchase costs $103.06 hundred dollars            
per square foot for the building.  The two blocks of downtown land             
were not included in the value.  He emphasized that the building is            
functionally new.  After the financing is paid off the State can               
look forward to a long period of occupancy for the cost of                     
operating the building.                                                        
                                                                               
Mr. Petty provided members with spreadsheets demonstrating cost                
assumptions and savings to the State (copy on file).  He noted that            
Mr. Kincaid was hired to provide an independent assessment.                    
                                                                               
KEN KINCAID, KINCAID AND RIELY REAL ESTATE APPRAISERS & CONSULTANTS            
spoke in support of HB 236.  He noted his work history in the                  
Anchorage real estate market.  Mr. Kincaid provided members with a             
summary of observations regarding the purchase of the Bank of                  
America Building (copy on file).  He concluded that the property is            
high quality and has been well maintained.  He estimated that the              
building has a 40 to 50 year minimum remaining life.  He stressed              
that it is well positioned in downtown Anchorage with lots of                  
parking lots in the vicinity.                                                  
                                                                               
Mr. Kincaid reviewed the State's assumptions.  He referred to a                
graph on page 7 of the report.  The graph depicts the cost of                  
continued leasing of the Frontier Building, deconsolidation from               
the Frontier Building and the purchase of the Bank of America                  
Building.  He pointed out that the Bank of America Building is the             
cheapest alternative.  The most expensive option is the continued              
leasing of the Frontier Building.  The second most expensive option            
is the deconsolidation of rents from the Frontier Building.                    
Deconsolidation would be more expensive initially.  The initial                
purchase cost would be $1 dollar a square foot.  The purchase cost             
would spike to $1.98 dollars a square foot and then quickly drop to            
$1.12 dollars a square foot.  He pointed out that there would be a             
positive cash flow from private sector tenants in the building.  As            
these tenants are asked to leave or their leases expire the lease              
cost would climb.  As the debt amortization begins the lease cost              
would drop.                                                                    
                                                                               
Mr. Kincaid pointed out that models are predicated on current rents            
with a 1.4 percent annual increase.  This assumes that what owners             
receive today, they would receive 25 years from now with a slight              
increase for expenses.  He emphasized that, at today's rent,                   
buildings do not justify their replacement.  If there is any up-               
tick in the market over the next 25 years rents would increase                 
above the model.  He stressed that it would not be unreasonable to             
see rent increases of 10 to 20 percent sometime in the next 25                 
years.                                                                         
                                                                               
Mr. Kincaid summarized that most of the State's assumptions were               
conservative.  He noted that estimations of expenses were high.  He            
acknowledged that there could be some unanticipated increases in               
costs.  He added $10 dollars a square foot to look at what the                 
result would be of additional unanticipated costs.  He concluded               
that the assumptions in the purchase scenario are not as subject to            
change as the leasing assumptions.  He stressed that increases in              
the market are less dramatic in a buy scenario than a lease                    
scenario.  He observed that this is a good time to purchase.  He               
stressed that the purchase price is favorable with compared to                 
replacement price and other sales.  He noted that space in the Arco            
Building is becoming vacant.  He stated that the Arco Building is              
undergoing asbestos abatement and seismic upgrades.  There will be             
between 110,000 to 150,000 thousand square feet of space available             
within the next 12 to 14 months.  The First National Bank is also              
vacating their tower in downtown Anchorage in the same time span.              
He noted that the market impact of the purchase would be mitigated             
by the additional space.  He noted that there would be greater                 
impact if the State does not purchase the building.                            
                                                                               
Mr. Kincaid concluded that a purchase scenario is superior to a                
leasing scenario for the long-term reduction of operating costs.               
He observed that it is easier to project ownership costs.  He                  
maintained that there is less risk.                                            
                                                                               
Mr. Kincaid recounted comments by persons regarding the purchases.             
He observed that comments were favorable and indicated that the                
purchase would be a good deal.                                                 
                                                                               
Mr. Kincaid summarized that the State's assumptions were reasonable            
and fairly conservative.  He concluded that the purchase would                 
secure the long-term operating cost, secure a property that has a              
long economic life, and provide the State with an area that can                
provide choices for large tenants.                                             
                                                                               
Mr. Petty reiterated that the purchase will save money for the                 
State.                                                                         
                                                                               
Representative Mulder noted that the Bank of America Building is in            
a newly created special assessment district.  Mr. Kincaid thought              
that the program is voluntary with an initial three year                       
commitment.  He noted that the building is committed for a three               
year period.  The appraisal included these costs.                              
                                                                               
Representative Rokeberg noted that the appraisal valued the                    
downtown land at $22 dollars a square foot.  Mr. Kincaid stated                
that a land value of $22 dollars did not appear to be high.                    
Representative Rokeberg observed that the model includes full                  
relief from taxation to the municipality of Anchorage.                         
                                                                               
Representative Martin observed that the lease rate includes the                
cost of taxes.  In response to a question by Representative Martin,            
Mr. Kincaid stated that it is his understanding that it is not                 
necessary to buy out people who are not interested in leaving the              
building.                                                                      
                                                                               
Mr. Dugan noted that leases could be bought out over time.  He                 
demonstrated that leases could go to term.  He noted that the State            
occupies 55,000 thousand square feet.  There is 40,000 - 50,000                
thousand square feet vacant.  Another 13,000 thousand square feet              
would be available by the time the Department of Natural Resources             
was ready to occupy.                                                           
                                                                               
Representative Rokeberg provided members with Amendment 1 (copy on             
file).  Amendment 1 clarifies that the State would be responsible              
for the payment of the municipal real property taxes on the portion            
occupied by private sector tenants.                                            
                                                                               
Mr. Dugan provided members with a spreadsheet calculating private              
tenant property tax (copy on file).  He stated that it is not clear            
that the exemption for municipal tax would be completely applicable            
to the building.  Under the amendment, the State would be subject              
to paying on the lease hold interest held by private tenants.  He              
did not think that the entire building would be subject to the tax.            
                                                                               
Representative Rokeberg referred to the certificates of                        
participation and how the title rests in relation to municipal                 
taxes.                                                                         
                                                                               
Co-Chair Hanley noted that the State might not obtain the lower                
interest rates if occupancy by public tenants is not sufficient.               
Mr. Dugan maintained that the purchase makes sense under any tax               
scenario.  He added that it is possible to condominiumize the                  
building.  He noted that a model was based on initial taxable                  
financing with a non-taxable financing after 90 percent occupancy              
is achieved by the State.                                                      
                                                                               
Co-Chair Hanley noted that the Department of Administration shows              
an approximate $3 million dollar savings in FY 98 over current                 
leasing costs.  He discussed the Department's spreadsheet.  He                 
noted that projects demonstrate a total cost of $90 million dollars            
and projected savings of $91 million dollars, with a net present               
value of $44 million dollars.                                                  
                                                                               
RANDY WELKER, LEGISLATIVE AUDITOR, LEGISLATIVE AUDIT DIVISION                  
discussed the proposed purchase of the Bank of America Building.               
He summarized concerns regarding the purchase.  He noted that                  
revisions in assumptions by the Department of Administration have              
changed the estimation of savings from $8 - $10 million dollars to             
$44 million dollars.  He stated that the Division estimates that               
the net present value savings would be $6 million dollars over the             
life of the financing.  The life of the financing is 19 years.  The            
Department of Administration assumptions are over 25 years.  He                
stated that the Department of Administration was overly optimistic             
in the best case view.  He maintained that the cost is likely                  
understated.                                                                   
                                                                               
(Tape Change, HFC 97-106, Side 2)                                              
                                                                               
Mr. Welker estimated that the process of moving tenants out and                
moving state agencies in will be more drawn out than estimated by              
the Department.                                                                
                                                                               
Mr. Welker reiterated that short-term savings would be between $6              
to $10 million dollars.  He stated that some of the initial moving             
costs will be higher than estimated by the Department.  He                     
expressed concern that other financing options were not reviewed.              
He noted that once debt service is paid off, the only costs will be            
maintenance and operation of the building.  He added that with some            
capital maintenance, operation and maintenance costs would only be             
half of the projected lease costs.  He emphasized that there are               
significant savings in the future years.  He noted that the                    
Department of Administration included equity build up in their                 
savings number.  He noted that the building has a replacement value            
of over $50 million dollars.  The building would be a state asset              
but would not have direct budgetary impact.  He observed that the              
purchase would provide stability and permanent centralized                     
services.   He acknowledged that the municipal tax issue can be a              
negative factor.  He observed that the quality of the space could              
be a factor in current tenants' decision to extend leases in the               
building.  He added that the State could be in a landlord role for             
sometime in the future.                                                        
                                                                               
Mr. Welker discussed calculations by the Division of Legislative               
Audit that differ from those by the Department of Administration.              
He noted that $20 million dollars was back out by the Division of              
Legislative Audit to account for the difference in calculations to             
19 instead of 25 years.  He observed that the there is a $20                   
million dollar difference for these six years because the purchase             
would be beyond debt services.  The Division of Legislative Audit              
included a capital renewal cost of $7,343.3 million dollars for                
items that would not be covered by normal maintenance and                      
operations.  The Department of Administration included parking                 
revenue of $6,527.9 million dollars.  The Department of                        
Administration's estimation for operation and maintenance costs                
were $5,395.9 million dollars higher than the Division of                      
Legislative Audit's.  The Division of Legislative Audit showed a               
higher tenant income of $433.6 thousand dollars.  In addition the              
Department of Administration's estimations for expiring lease costs            
were $1,348.3 million dollars lower.  The Department of                        
Administration's estimated purchase cost is $90,872 million                    
dollars.  The Division of Legislative Audit's total purchase cost              
is estimated at $118,614.9 million dollars.                                    
                                                                               
In response to a question by Representative Davies, Mr. Welker                 
noted that the Department of Administration's calculations were                
revised to include $38 million dollars for equity buildup.  He                 
reiterated that the longer the projection the greater the savings.             
                                                                               
JOHN REISING, PARTNER, FRONTIER BUILDING testified against HB 236.             
He stated that the Legislative's Auditor's net present value                   
estimation is appropriate.  He maintained that Mr. Kincaid's graph             
did not reflect the actual net present value.  He urged that the               
appropriate measuring stick be used for legislative decisions.  He             
maintained that uncertainty of risks and probable costs make the               
purchase unreasonable.  He asserted that the Department of                     
Administration's calculations do not include costs of moving the               
tenants.                                                                       
                                                                               
Mr. Reising observed that current tenants have not been contacted              
by the Department of Administration.  He stated that the                       
Department's calculations do not include the exercise of existing              
lease options.  He maintained that several tenants have delivered              
notices that they will exercise their options.  He noted that these            
options will affect the availability of space.  He maintained that             
there is a possibility that space will not be available in the Bank            
of America Building at the time when leases expire in the Frontier             
Building.                                                                      
                                                                               
Mr. Reising referred to municipal taxation.  He maintained that                
municipal tax payments are not taken into consideration of the                 
benefits of ownership.  He noted that real estate tax payments                 
would be dropped by the amendment proposed by Representative                   
Rokeberg.                                                                      
                                                                               
Mr. Reising referred to the Business Improvement District                      
agreement.  He did not think that these expensive had been included            
in the prior operating history.  He stressed that the Committee                
needs to address the municipal tax issue and incorporate the                   
decision in their model.                                                       
                                                                               
Mr. Reising discussed the difference between taxable and tax exempt            
financing.  He questioned the spread between the taxable rate and              
the non-taxable rate.  He noted that he was quoted a spread of one             
and one-half percent for Seattle Northwest Securities, a municipal             
bond dealer.  He observed that the Department of Administration                
includes $211,740 thousand dollars for the cost difference between             
taxable and tax exempt financing.  He disputed the accuracy of this            
figure.  He pointed out that there is an assumption that the                   
conversion will happen within two years.                                       
                                                                               
Mr. Reising noted that parking is limited at the Bank of America               
Building compared to what is available at the Frontier Building.               
He noted that the State currently has 300 employees in the Bank of             
America Building.  There are 665 employees in the Frontier                     
Building.  He asserted that there will be 85 additional employees              
from other agencies in the Bank of America Building if the purchase            
occurs.  He concluded that there will be an employee count of                  
1,050.  He maintained that there would be a 377 parking space                  
shortage for these employees at the Bank of America Building,                  
without an allowance for visitor parking.  He alleged that it costs            
between $45 and $65 dollars a month for additional parking.  He                
maintained that parking costs would increase the estimate by $200              
thousand dollars a year.  He observed that tenant parking would                
reduce availability.  He suggested that the State has a contractual            
obligation to provide free parking to employees.  He stressed that             
if 100 visitor parking spaces were supplied there would be an                  
additional $57 thousand dollar expense.                                        
                                                                               
Mr. Reising discussed tenant buy-out costs.  He observed that the              
Department of Administration has $4 million dollars or $20 dollars             
a square foot for tenant buy-outs.  He maintained that some tenant             
improvement costs run as high as $125 dollars a square foot.  He               
questioned if tenants would accept a $20 dollar a square foot buy-             
out.  He noted that the tenant improvement costs average $42.45                
dollars in the Frontier Building.  He estimated tenant buy-outs                
would cost $35 - $55 dollars a square foot.  He asserted that                  
tenants have a strong preference for staying in the building as                
long as they can.  He estimated buy-out costs at $14.2 million                 
dollars.                                                                       
                                                                               
Mr. Reising asserted that some costs were understated.  He did not             
think that the State would reach 90 percent occupancy before the               
bonds expire.  He maintained that the tenant improvement costs are             
underestimated.  He asserted that Mr. Kincaid did not do field work            
to validate cost estimates.  He asked what were the tenant                     
improvement costs for occupancy of the Department of Revenue in the            
Bank of America Building.  He suggested that the it cost the                   
Department of Revenue $40 dollars a square foot in tenant                      
improvement costs.  He maintained that wiring costs $9.11 dollars              
a square foot.  He noted that the Department of Administration's               
estimation for wiring is $1.82 a square foot.  He observed that the            
Department of Administration's estimates moving costs at $.88 cents            
a square foot.  He estimated that moving costs would be $3 dollars             
a square foot.                                                                 
                                                                               
Mr. Reising maintained that the Department of Administration's                 
numbers have been inconsistent.  He concluded that it is too                   
expensive to buy the Bank of America Building.  He questioned who              
will pay for cost overruns.  He maintained that people are afraid              
to testify before the House Finance Committee for fear of future               
retribution by the State.                                                      
                                                                               
Representative Martin stated that there is no reason for the                   
Committee or State to extract retribution.  He noted that Mr.                  
Reising has a vested interest in the issue.  He observed that lease            
negotiations with Frontier Building were difficult.  He asked if               
Mr. Reising would work with the Division of Legislative Audit to               
determine what the cost to the State would be to stay in the                   
Frontier Building.                                                             
                                                                               
Mr. Reising stated that he would welcome a long-term lease.  He                
noted that the State has not considered a long-term lease.  He                 
stressed that money can be saved by a long-term lease.                         
                                                                               
Representative Rokeberg stated that he has been involved in the                
project.  He noted that he was involved in the development of the              
Bank of America Building.  He is a licensed real estate broker.  He            
is not participating or intends to participate in the market.  He              
maintained that he has no conflict of interest and will not take               
advantage of the purchase.                                                     
                                                                               
Representative Rokeberg observed that the building was built to be             
part of a family trust.  He emphasized that it was built to last.              
He noted that the shell and core cost of constructing the building             
were $50 million dollars.  He stated that tenant improvements in               
the building cost over $5 million dollars.  He asserted that the               
building has been well maintained.  He emphasized that the building            
is in the best area in terms of seismic stability.  He stated that             
the proposal is an extraordinary opportunity for the State to                  
acquire an asset at an inexpensive price.                                      
                                                                               
Representative Rokeberg expressed concern that the move in costs               
need to addressed buy-out costs with existing tenants.  He                     
recommended that the Committee meet in executive session when                  
specifics regarding buy-outs are discussed.  He provided members               
with a letter from Terry Banister, Legislative Counsel, dated                  
4/18/97 (copy on file).  He stressed that the State receives title.            
He emphasized that the amendment reflects the existing state                   
statute.  He stressed that the State has a responsibility to the               
municipality of Anchorage to pay municipal taxes.  He noted that               
the Special Business Improvement District downtown would cost                  
around $40 thousand dollars a year.  He urged that the State                   
participate in this activity.  He observed that an addition could              
be built on top of the underground parking lot and three city lots             
adjacent to the structure.  The foundation work and structural                 
engineering for an addition has already been done.  He emphasized              
that the State would receive two downtown blocks without cost.  He             
noted that the appraisal only includes a $22 dollar per square foot            
evaluation.                                                                    
                                                                               
(Tape Change, HFC 97-107, Side 1)                                              
                                                                               
Representative Rokeberg maintained that lease rates will go up.  He            
noted that the building reached 92 percent of occupancy in its                 
first two years at a rental rate of $1.25 to $1.30 dollars per                 
square foot.  He stressed that rents will increase in the nature of            
the business cycle.  He maintained that the Department of                      
Administration's lease cost calculations are conservative.                     
                                                                               
Representative Rokeberg noted that if taxes were exempt for the                
whole building Anchorage taxpayers would pay an additional $4                  
dollars for every $100 hundred dollars of taxable property.                    
                                                                               
Representative Rokeberg disputed assertions by Mr. Reising that the            
Department of Revenue tenant improvements cost $40 dollars a square            
foot.                                                                          
                                                                               
Co-Chair Therriault referred to parking costs.  Mr. Reising stated             
that the lease at the Frontier Building includes parking.                      
                                                                               
Co-Chair Therriault questioned if the Frontier Building's debt                 
structure would allow a long-term lease reduction.  Mr. Reising                
stressed that their lenders are in a more accommodating frame of               
mind then they were two years ago.  He reiterated that a 25 year               
lease would be in the interest of both parties.  He stated that the            
existing lenders applied pressure in regards to short-term                     
negotiations.  He stressed that a $26 million dollar building is               
not cheap when it costs $45 or $50 million dollars.  He maintained             
that the State could buy the Frontier Building.  He stated that                
there were no negotiations on a long-term lease.                               
                                                                               
Representative Mulder expressed concern that the State will be in              
a difficult position if it does not purchase the Bank of America               
Building and the Frontier Building lease ends.  Mr. Reising argued             
that there would be no difference in lease negotiations.                       
                                                                               
In response to a question by Representative Mulder, Mr. Reising                
stated that the buildings are comparable in quality and size.  The             
two buildings are within 5,000 feet.  The Frontier Building has two            
and one-half times more parking.  He noted that the economic                   
performance of the buildings have been comparable.                             
                                                                               
Co-Chair Therriault pointed out that the Bank of America Building              
has undergone an economic write-off.  He noted that the State's                
offer of $46 million dollars was not sufficient to make the                    
purchase work.  He did not know how a rate structure could be                  
derived with the blessing of the lending institutions.                         
                                                                               
Representative James did not agree with the inclusion of the                   
building equity in the calculations of savings.  She expressed                 
concern with the State's participation in the investment business.             
She expressed concern with the reduction of municipal tax income.              
She noted that she supports savings to the General Fund.  She asked            
if the owners of the Frontier Building were willing to come forward            
with a proposal.                                                               
                                                                               
Mr. Reising stressed that deconsolidation and remaining in the                 
Frontier Building have an equal effect.  He stated that he did not             
have a commitment from his lenders to pledge a rental rate of $1.25            
dollars per square foot.  He stressed that a long-term rental                  
agreement would result in lower than current rates.                            
                                                                               
Co-Chair Therriault noted that the Bank of America Building was                
built to a high standard.  He observed that there has not been much            
of a write down for maintenance.  Mr. Reising stressed that the                
Frontier Building was also well built.                                         
                                                                               
BOB PARKS, OWNER, FRONTIER BUILDING stated that the Frontier                   
Building owners would be willing to make a offer that should be as             
good or better as what is on the table.                                        
                                                                               
Representative Davies maintained that the space in the Frontier                
Building is not comparable.  He noted that parking at the Frontier             
Building assumes that an additional building could be built.  Mr.              
Reising observed that the Bank of America Building did not have a              
municipal ordinance requirement for parking at the time their                  
permit was issued.                                                             
                                                                               
Co-Chair Hanley observed that Mr. Reising raised several questions.            
He noted that the purchase would have long-term benefits which                 
would come substantially after the debt is paid off.  He posed                 
questions that the Department of Administration or the Division of             
Legislative Audit need to address.  He noted that questions                    
regarding parking amounts, buy-out costs, tax exempt financing,                
equity build-up, financing, moving costs, discount rate, build-                
outs, wiring costs and leasing assumptions need to be addressed.               
He asked for scenarios for flat funding of leasing.  Co-Chair                  
Therriault emphasized that there needs to be some discussion with              
the lenders on what is possible.                                               
                                                                               
Mr. Thaler clarified that the existing purchase agreement ends the             
last legislative day if the agreement is not approved.  The                    
agreement was subject to legislative and due diligence approval.               
The results of the due diligence contingency has been approved.                
                                                                               
Representative Davies asked that the Administration and Division of            
Legislative Audit work together on assumptions.                                
                                                                               
Mr. Petty responded to questions raised during the meeting.  He                
emphasized that the Department of Administration has considerable              
experience in moving agencies around and in performing tenant                  
improvements.  He stated that some of the assumptions on tenant                
improvement numbers have been validated.  He observed that tenant              
improvement is calculated at $17.25 per square foot.  He did not               
expect that the entire floor would have to be built out.  He                   
maintained that $16 - $17 dollars a square foot is ample to house              
state employees.  He did not think the State should be doing $40               
dollar a square foot improvements.  He noted that the Department of            
Health & Social Services tenant improvements were performed for                
under $20 dollars a square foot.  Mr. Kincaid added that the                   
concept is for less perimeter build-outs.                                      
                                                                               
Mr. Petty stressed that it would be inappropriate for the                      
Department of Administration to contact tenants about buy-outs.  He            
observed that there is an offer that has not been consummated.  He             
acknowledged that tenants have contacted the Department.  He agreed            
that tenants have exercised their options.  He stressed that he                
does not want to disadvantage the State by presenting information              
regarding buy-outs.                                                            
                                                                               
Mr. Petty agreed that tax payments need to be taken into account.              
He stated that the Department will take into consideration the                 
continuation scenario.                                                         
                                                                               
Mr. Petty observed that the Department would honor the Business                
Improvement District.  He stated that their operating cost scenario            
is $200 thousand dollars higher than operating cost estimates by               
the Legislative Audit Division.  He noted that insurance costs are             
expected to be much lower then their assumptions.  He added that               
the management fee is also high.  He expected that the management              
fee would be lower.  He stressed that there would be sufficient                
funding to pay the Business Improvement District cost.                         
                                                                               
FORREST BROWNE, DEPARTMENT OF REVENUE discussed the difference                 
between taxable and tax exempt financing.  He observed that the                
taxable assumption is 8.217 percent.  He thought that the State                
could do better.  The tax exempt estimation is 5.38 percent.  The              
assumption includes a spread of 2.5 percent.  He stressed that                 
there would be a cash flow if tenants do not move out to pay the               
higher debt service.  He pointed out that the State only has to                
make a good faith projection that 92 percent state occupancy will              
be reached before the end of the bond issuance.  At that time, the             
State would save two and one-half percent a year.  He noted that               
the calculations assume that there would be 100 percent financing.             
He noted that savings would be much higher with a cash purchase.               
                                                                               
In response to a question by Co-Chair Therriault, Mr. Browne noted             
that if sufficient buy-outs were not realized that there could be              
two financing.  Two financing would show a savings between the                 
taxable and tax exempt rates.                                                  
                                                                               
Mr. Petty acknowledged that the parking in the Frontier Building is            
covered and that there are more spaces available.  He maintained               
that substantial parking is available at the Bank of America                   
Building.  He noted that the State has 159 spaces in the Bank of               
America Building for the Department of Revenue.  The State leases              
467 spaces for the portion of the Frontier Building that would be              
moved.  He noted that there are 646 spaces available at the Bank of            
America Building.  He emphasized that employment contracts do not              
guarantee free parking.  The State is under no obligation to                   
provide a parking space for every employee.  He stated that parking            
is available.                                                                  
                                                                               
Mr. Jackson discussed buy-outs.  He stated that there are tenants              
that are willing to leave.  He observed that the Department of                 
Natural Resources needs approximately 97,000 square feet.  He                  
observed that the State has $3.5 million dollars to purchase 87,000            
square feet of buy-out at 40 dollars a square foot.  He stressed               
that the State has flexibility to move a portion of the Department             
of Natural Resources into another space.  He stated that he                    
expected a share of the buy-outs would come from other landlords in            
the area who want to attract tenants.                                          
                                                                               
(Tape Change, HFC 97-107, Side 2)                                              
                                                                               
Mr. Petty noted that the no buy-out scenario is the most lucrative.            
He stated that in a no buy-out scenario the State would continue to            
lease office space in the Frontier Building.  He stated that this              
was factored into the continuation costs.                                      
                                                                               
Mr. Thaler emphasized that it is impossible to predict buy-outs.               
He pointed out that the first element in any buy-out is alternative            
space.  He stressed that there will be good alternative space in               
Anchorage.  He clarified that the asbestos in the Arco building is             
being abated.  He stressed that the Arco Building is located across            
the parking lot from the Bank of America Building.  Rental space               
will be available in the Arco Building for $1.75 dollars a square              
foot with a $15 dollar per square foot tenant improvement.  He                 
added that the First National Bank space will also be vacated.  He             
estimated that tenant improvements are well below $125 dollars a               
square foot.  He estimated that 20,000 to 30,000 square feet would             
need to be bought.  He pointed out that if 87,000 feet were bought             
and all the agencies in the Frontier Building were moved to the                
Bank of America Building the State would be eligible for tax exempt            
financing.  He noted that some of the leases have expired and some             
tenants are badly under-utilizing their space.  He concluded that              
if tenants do not leave, tax exempt financing could be taken out on            
the portion occupied by state agencies through the condominium                 
mechanism.  He acknowledged that the cost of a double bond issue               
would be greater than a single bond issue.                                     
                                                                               
Mr. Kincaid reiterated that there would be a variety of choices for            
tenants.                                                                       
                                                                               
Mr. Petty clarified that Arco Towers will be available for                     
occupancy in October.  He estimated that the Department could move             
into the Bank of America Building at $1 dollar a square foot.                  
                                                                               
In response to a question by Representative Martin, Mr. Petty                  
stated that the effective date would be satisfactory.  Mr. Jackson             
noted that the purchase agreement requires the State to close in 60            
days after legislative approval.                                               
                                                                               
HB 236 was held in Committee for further consideration.                        
ADJOURNMENT                                                                    
                                                                               
The meeting adjourned at 4:50 p.m.                                             

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