Schlitterbahn Riverpark and Resort Padre Island is in Chapter 11 Bankruptcy
Judge Craig Gargotta in the Western District of Texas ruled Tuesday morning in San Antonio to place the troubled park into reorganization and is set to appoint a trustee to oversee a reorganization plan which must be in place by December 4. If not, according to Gargotta’s ruling Axys Capital Credit which holds a lean against 270 acres surrounding the park will be allowed to foreclose on the property and sell it at auction on December 5. Axys had requested that the land be separated from an Involuntary Bankruptcy filing by companies owned by the Henry family, owners of Schlitterbahn waterparks so it could be sold immediately, that request was denied, but his decision to appoint a trustee was a move to push the partners, who have been at loggerheads for over a year, toward a resolution that will put the park on stable financial footing going forward.
Testimony at the four-day trial in San Antonio was that if Axys was allowed to foreclose on the land then the primary lender in the project IBC Bank could call a separate note for $28 million on the waterpark likely forcing it to close while new owners were sought. To avoid that outcome Gargotta gave the partners until the December 4 date to come up with a reorganization plan.
At one point in the hearing in San Antonio, Gargotta asked Deborah Williamson, a lawyer for Gary Henry, if selling property would be the solution.
“At the end of the day, the only way this is going to work is if something is sold,” she answered. “And the park may be the one that is easier to sell. It may be easier to attract capital because it is an operating entity.”
The problems began when the builders of the park, Henry Brothers Construction, added on to the size of the building at the park from an original plan calling for less than thirty separate “treehouse” rooms to the current 92-room facility which increased the cost of the development from the original $28 million to over $58 million forcing the owners, Upper Padre Partners to raise an additional capital leading to the borrowing of $18 million from Axys using the land as collateral.
According to court filings from Axys attorneys, “Cash flow from the Debter (UPP) operations is insufficient to repay obligations on any reasonable, confirmable basis. The Henrys control the management of the Debtor’s general partner and, as a result, the Debtor. For all practical purposes, the Debtor has a dysfunctional management and is incapable of effective operations.”
Garotta’s solution was to appoint a trustee to work with the partners and find a long-term solution.
The trustee, yet to be named, along with the Henry family who own two-thirds of the park, and developer Paul Schexnailder whose company owns one-third, must now decide whether to sell some or all of the interest in the park and surrounding land or find an investor or lender to provide about an estimated $10 million to bring the park up to the original design specifications.
Schexnailder said after the hearing that while the park is an integral part of a 500 acre, 552 acre development it is not the main focus of the project.
“This is a project much bigger than just a waterpark,” he said. “The park is part of something much bigger and that project is continuing.”
He was referring to a planned 3600 foot Beach Walk development with retail and commercial elements which would connect the current canal system to Lake Padre and the Gulf of Mexico through the planned Water Exchange Bridge under SPID. The canals to each side of the bridge site are dug and bulkheads in place on the Lake Padre side. However, work to excavate the canal to connect with the existing canal near Cruiser Street near Whitecap was halted Wednesday by order of the City of Corpus Christi over permitting issues.
The Chapter 11 ruling is not expected to have an impact on park operations as plans call for the waterpark to close during the winter season, as it has in previous years, and re-open in the spring.
“The judge understood that this park is important to the future of The Island,” Schexnailder said, “and this ruling allows us to keep it operating as we look for a long term solution.”
Article from Dale Rankin – IslandMoon
