Belvedere owner loses line of credit. County may have to finish upgrades

Belvedere owner loses line of credit. County may have to finish upgrades
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The owner of the Belvedere development has lost his credit line to build $3.68 million worth of infrastructure improvements, possibly leaving Albemarle County with little choice but to finish the work itself, county officials say.

Wachovia Bank notified the county in November that it would not renew six letters of credit for the project’s owner, Belvedere Station Land Trust, which is led by homebuilder Bob Hauser.

Hauser’s firm had provided performance bonds to the county, guaranteeing that numerous infrastructure improvements would be made at the 207-acre neighborhood off East Rio Road that may eventually feature up to 400 homes and 275 apartments.

The improvements included tasks such as erosion control, storm water management, road construction, drainage, and water and sewer work.

“This, in very simple terms, has come about because the developer was not in a position to meet the bonding requirements,” said Albemarle County spokeswoman Lee Catlin. “We may have to step in and do it ourselves.”

In January, the county demanded payment on Hauser’s six lines of credit from Wachovia that were securing the performance bonds. Wachovia complied and Albemarle County now has the roughly $3.68 million sitting in its bank account.

On Wednesday, the Albemarle County Board of Supervisors will vote on a proposal to move that money into an expenditure account. Once that happens, the county will be able to either use the funds to complete the improvements or return the money to Wachovia if new letters of credit are issued to Hauser’s company, or possibly a combination of both.

If the county performs the work itself, Catlin said, Albemarle County taxpayers would not be footing the bill. Even if the cost of construction ran over the $3.68 million, she said, the county would seek any additional money from the developer.

“Right now, I believe it’s the developer who is on the hook,” she said.

According to the Board of Supervisors’ agenda, the county’s engineer is reviewing the project to determine if the county should complete some of the work rather than allowing the developer to re-bond all of the incomplete improvements.

Hauser could not be reached for comment Monday, as he is on vacation.

Mike Ball, chief financial officer of Bondstone Ventures — which is the parent company of several entities, including Hauser Homes and Belvedere developer Stonehaus — said in an interview that the situation at Belvedere is hardly dire.

Wachovia has indicated that it intends to extend credit to Hauser for the infrastructure improvements, Ball said, and the county will simply return the money it seized.

“The county is going through the steps it needs to go through,” Ball said. “My anticipation is that this will go back to the way it was.”

Ball added that many of the infrastructure improvements are not actually required for another year or two down the road. The only current requirements, he said, are erosion and sediment control. These improvements, he said, are already under way.

“We don’t anticipate any further infrastructure requirements through the end of this year and potentially into 2010,” he said.

Ball added that sales at Belvedere have been on the rise lately, with 10 sales and four closings so far this year. Most of the sales that have not yet closed are for homes that are still being built, he said. Thirteen homes are currently under construction at the development.

“We are really proud of Belvedere and the headway it’s made in a challenging environment,” Ball said.

Ball said that the situation with the county does not portend bad things for the Belvedere project.

“This doesn’t represent anything that would be harmful to Belvedere,” he said.

The development has seen some difficult times as the Charlottesville region’s real estate market has slowed significantly. One of the project’s two original builders, Church Hill Homes, went out of business and saw many of its properties go into foreclosure. That company’s principals joined Eagle Construction of Virginia,  a Richmond company that essentially took Church Hill’s place at Belvedere.

Albemarle County Board of Supervisors Chairman David L. Slutzky said the situation with Belvedere Station Land Trust might be only the first of several such cases.

“These difficult economic times are going to result in a number of challenges when we’ve approved a re-zoning and the developer then falls on hard times,” he said.

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Reader Reactions

Flag Comment Posted by Nittany Lion on July 02, 2009 at 7:11 am

Come on now! Do you really think the bonds posted by the developer will cover all the hidden costs? These people are famous for hiding work that was never actually completed and diverting the money to their personal accounts for their “high rolling” lifestyles. That’s what happens when you let crooks from up North come into Albemarle with the get rich quick attitudes. It’s a real shame.. So much rich history in the county that becomes overshadowed by bad business dealings done by people with no roots in the county.

Flag Comment Posted by antiboyd on July 01, 2009 at 9:18 pm

Wow! Where did all these buzzards come from? The sky is getting dark.

Flag Comment Posted by cavman12 on July 01, 2009 at 10:22 am

Yes, OpenYourEyes, bankruptcy is the quickest way to pocket millions.  Thank you for pointing out this obvious loophole in our financial system.

Flag Comment Posted by OpenYourEyes on June 30, 2009 at 10:44 pm

What a scam.  The developers run circles around the county planning staff like they are a bunch of ran amateurs.  Where’s the park at Old Trail?  Where’s the basketball court at Sigma Chi headquarters?  The developers and their lawyers outright lie to the county and out wait the county or declare corporate bankruptcy after walking away with millions of thier own.

Flag Comment Posted by chevy on June 30, 2009 at 7:18 pm

Look out tax payers of Albemarle county.  Keep an eye on your Board of Supervisors, you’ll see what’s coming down the road.

Flag Comment Posted by cavman12 on June 30, 2009 at 5:01 pm

Why is it that the tax payers will bail out this development?  This is why developers post bonds (letters of credit or surety bonds) for the improvements to be constructed.  The bonds provide the liquidity to be able to construct all the improvement the county has approved.  And, if the bonds aren’t enough, it’s the county’s fault for approving an amount that’s insufficient.

Flag Comment Posted by throwthebumsout on June 30, 2009 at 9:03 am

Nittany Lion is spot on. The arrogance of some of these developers is stunning. During the boom times, they eagerly buy off the county supervisors to win approval for developments with promises about infrastructure upgrades that the county otherwise couldn’t afford on its own. They then proceed to throw up as many houses they can in as short of a time frame as possible with no concern about quality of materials and/or workmanship. (Hauser is notoriously slack in those areas.)
Then, when times are tough, they bury their heads in the sand and try to absolve themselves of all of their obligations. My bet is that Hauser’s bank lines have the personal guaranty of Mr. Hauser, but the chances of the bank ever collecting on those are slim and none. Hauser will first put his company into bankruptcy. Then if the court forces him to pay off the company’s debts, he’ll follow suit with a personal bankrupty.
Truly shameful - and a reminder to voters of the dangers of electing Supervisors who are clearly in bed with real estate developers.

Flag Comment Posted by Nittany Lion on June 30, 2009 at 8:00 am

I find it ironic that Bob Hauser could not be reached for comment because he was on vacation. Isn’t that typical for a greedy developer who grossly overextended himself during the boom and now will not recognize the fact that he is a bad business person who cannot pay his bills. Once again, our children take on more debt in the county and the country because of greed and bad business practices. Maybe Albemarle County and Wachovia should go on vacation next time Hauser calls in for a loan that he has no intention of paying back. It’s just bad business, bad for the county and bad for the country… more of the same. Happy 4th of July taxpayers.

Flag Comment Posted by throwthebumsout on June 30, 2009 at 6:17 am

Mr. Ball is either lying or badly stretching the truth. Hauser Homes has had a dismal last 12 months and in a bankruptcy case, the county bonds will likely rank behind the claims of all of Hauser’s bank credit lines as they have in numerous similar cases of homebuilder defaults across the country.
Albemarle taxpayers: Be prepared to foot this bill.

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