Pittsburgh Post-Gazette

Lenders seek to foreclose against S. Fayette developer

- By Mark Belko

The lenders behind the sprawling South Fayette Newbury Market redevelopm­ent, home to Topgolf and Carvana, are moving to foreclose against the developer.

In a complaint filed Monday in Allegheny County Common Pleas Court, Thistle Financial Group LLC is seeking $24 million in principal, interest and fees from Newbury Developmen­t Associates.

It also is asking for the bulk of the property — a former brownfield along Interstate 79 — to be sold at sheriff sale, with the goal being to take ownership of the site and to continue its developmen­t.

Thistle serves as the agent for seven lenders involved in the redevelopm­ent, including First United Bank and Trust, Washington Financial Bank, Citizens Bank of West Virginia, Charleroi Federal Savings Bank, and Robert and Patricia Mistick.

The foreclosur­e relates to an $18 million credit agreement dating back to 2008.

According to the complaint, Newbury Developmen­t Associates failed to meet an early 2018 deadline for paying off the debt, triggering a default.

While the deadline essentiall­y was extended twice through forbearanc­e agreements, Thistle decided last month to move forward with a foreclosur­e. By then, the principal owed had reached $19.8 million, plus nearly $4 million in accrued and unpaid interest.

Brett Malky, principal of Newbury Developmen­t, could not be reached for comment. As president of EQA Landmark Communitie­s, he first launched plans for the mixed-use complex more than a decade ago.

William Price, attorney for Thistle, declined comment.

Jones Lang LaSalle, which has been leasing the site, acknowledg­ed the foreclosur­e action in a statement Wednesday but added that its role won’t change.

“As part of this process, JLL will remain the leasing agent for the developmen­t and continue to recruit tenants to join the already executed 180,000 square feet of retail and entertainm­ent lease agreements including experienti­al operators Topgolf, 84 Lumber and Carvana,” it stated.

The foreclosur­e involves about 65% to 70% of the site. Overall, the mixed-use developmen­t totals about 300 acres and represents $450 million in investment, according to JLL.

A small amount of property within the developmen­t involving Pennvest, the state’s infrastruc­ture investment arm, and a parcel owned by the Elmhurst Group for an office project are not part of the foreclosur­e.

Mr. Malky also owns other smaller pieces that are not part of the action.

The foreclosur­e comes after Mr. Malky struggled for years to get the redevelopm­ent going. In 2017, Pittsburgh health giant UPMC scrapped plans to build a $211.2 million, 90bed hospital at the site. It would have served as one of the anchors for the developmen­t.

While much of the 75acre commercial portion remains vacant, there has been some recent momentum.

Topgolf, a high-tech driving range and entertainm­ent venue, opened in 2018, followed by Carvana, an online used car venture that dispenses vehicles from a vending machinelik­e contraptio­n.

Last year, Newbury announced plans for a K1 Speed electric go-kart operation. Ascend, an indoor rock climbing gym on the South Side, also has detailed plans to open a larger facility at the site.

The developmen­t also includes about 175 homes.

 ?? Peter Diana/Post-Gazette ?? Topgolf, a high-tech driving range and entertainm­ent venue, opened in 2018 as part of the South Fayette Newbury Market redevelopm­ent.
Peter Diana/Post-Gazette Topgolf, a high-tech driving range and entertainm­ent venue, opened in 2018 as part of the South Fayette Newbury Market redevelopm­ent.

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