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Bailout of Napa wine shrine flawed; Copia was broke and had violated tax rules

A Bee Exclusive

By Andrew McIntosh - amcintosh@sacbee.com

Published 12:00 am PDT Sunday, July 20, 2008
Story appeared in MAIN NEWS section, Page A1

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The atrium at Copia: The American Center for Wine, Food and the Arts offers sweeping views of the Napa Valley. The 80,000-square-foot center was built with a $20 million gift from the late Robert Mondavi and a $70 million bond offering facilitated by I-Bank. But despite its rich offerings and ambitious mission, Copia has never drawn the traffic it needs to thrive. Owen Brewer / Sacramento Bee file, 2002

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A tiny state-owned bank last year approved a $77 million bailout of Copia, a Napa Valley wine and food museum, even though the nonprofit was insolvent and facing penalties for breaching federal tax rules.

Now, a Bee investigation has found, that decision is coming back to haunt the Sacramento-based Infrastructure and Economic Development Bank, or I-Bank for short.

The insurer of the Copia bonds is awash in subprime mortgage debt and facing an Aug. 11 deadline to come up with cash to back its guarantees – a deadline already extended six times since December, most recently last Wednesday.

Though I-Bank claims that as a third party it is not liable for the bonds that bear its name, a Bee investigation found that if the bond insurer fails and Copia ultimately defaults, I-Bank – and California taxpayers – could at a minimum be stuck with some big legal bills as the finances are sorted out.

Named for the Roman goddess of abundance, Copia: The American Center for Wine, Food and the Arts, is an 80,000-square-foot shrine to wine and food on the banks of the Napa River. It was the brainchild of the late Napa wine mogul Robert Mondavi, who donated $20 million and the land on which it was built.

I-Bank authorized the first bond offering for Copia in 1999 for $70 million, allowing construction of buildings and grounds that feature shimmering fountains, indoor and outdoor kitchens, a demonstration vineyard and organic vegetable gardens, cooking and tasting classrooms and a 240-seat auditorium.

Copia also houses two restaurants: a bistro and a formal eatery, Julia's Kitchen, named after the late Julia Child, celebrity chef Mondavi friend and former honorary trustee. A large gift shop sells fine wines, cookbooks, gourmet cooking tools and DVDs.

Despite rich surroundings and fine fare, however, many visitors to Napa have skipped Copia in favor of one of the valley's 400 wineries, many of which have their own tastings, programs and gift shops.

Since it opened in 2001, the center has lost between $4.2 million and $12 million a year and now has a $14 million deficit, according to the 2007 annual report prepared by accountants Pisenti & Brinker, dated April 23, 2008. At the end of 2006, Copia was running out of money and had taken out a $1 million line of credit, according to financial documents.

The Bee's investigation, based on more than 3,000 pages of bond documents and other financial reports obtained from I-Bank under the state Public Records Act, found several reasons for Copia's financial meltdown:

• Copia consultants had forecast paid attendance of between 467,900 and 522,400 a year by 2006, but instead paid attendance topped out at 146,472.

• Special fundraiser dinners held between 2002 and 2006, like the one to mark Julia Child's 90th birthday and Copia's Bacchus Gala, lost a total of $679,000.

• The initial $12.50 admission price was too high, 33 percent higher than its consultants had recommended. In addition, local residents were upset about being charged admission just to eat in one of the restaurants.

(Copia has since eliminated its admission fee and is trying to build bridges by offering locals special evenings and activities.)

I-Bank knew the hazards

With full knowledge of Copia's troubles, I-Bank approved Copia's financial rescue in April 2007 and authorized the bond refinancing deal three months later through New York-based securities firm JPMorgan. As issuer of the bonds, I-Bank was responsible for evaluating Copia's ability to make its payments.

Created in 1994 to promote economic development and job creation among private businesses, municipalities and nonprofits, I-Bank is part of the state's Business, Transportation and Housing Agency, and its board is headed by that agency's top official, Secretary Dale Bonner.

Over the years, I-Bank has helped California nonprofits borrow $4.5 billion in tax-exempt bond funds. Among the beneficiaries was the San Francisco Ballet, which borrowed $44 million to renovate and equip offices and rehearsal space and develop new productions. Another was the Walt Disney Family Museum, which in February was approved for $75 million to help build a museum at the Presidio "devoted to preserving the vision and legacy of Walt Disney."

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About the writer:

  • Call The Bee's Andrew McIntosh, (916) 321-1215.
Recommend this story at Yahoo! Buzz:

Diners sample California-French cuisine at Copia's Julia's Kitchen. Some locals were bothered by the $12.50 admission (since dropped) to access the restaurant. After layoffs and a boardroom shakeup, Copia is looking to increase online sales from its gift shop and to air its DVDs on the Food Channel. But executives acknowledge the going will be tough. Owen Brewer / Sacramento Bee file, 2002


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WINE SHRINE

Name: Copia: The American Center for Wine, Food and the Arts

Where: Downtown Napa What's there: 80,000 square feet, with a demonstration vineyard; cooking and tasting classrooms; 240-seat auditorium; and two restaurants: a bistro and a formal eatery, Julia's Kitchen, named after the late chef Julia Child.

Conception: Opened in 2001. Brainchild of late Napa wine mogul Robert Mondavi, who donated $20 million and land.

WHO MADE MONEY ON COPIA'S BOND DEAL

The Bee found the 2007 bonds processed by the state I-Bank will cost the nonprofit wine destina- tion center more than $6 million. Those who profited include a small group of financial and legal firms. Among them were:

• ACA Financial charged $5 million for its bond insurance, to be paid in annual premiums starting this month.

• JPMorgan, the Wall Street securities firm that offered the bonds for sale, grossed $640,000 on the bond deal.

• Lawyers at Orrick, Herrington & Sutcliffe of San Francisco, which acted as bond legal counsel to the I-Bank, collected $228,500 from Copia.

• Silk, Adler & Colvin, the law firm that acted as an adviser to Copia in the bond bailout, collected $100,000.

• I-Bank collected $59,321 in fees to review, process and approve Copia's application, and the state Treasurer's office received $6,985 to register the bonds for sale.

– Andrew McIntosh, Bee staff writer

Source: I-Bank documents obtained under the state Public Records Act



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