Harris County – Houston Sports Authority Insider
Arnold has quietly been building big things in the city of Houston and around the country
Melanie Hauser
Nov 10, 2017, 7:44 am
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It was a wild seven-game ride.
There were highs, lows and some downright stressful moments for Houstonians during the Astros’ historic World Series Championship run and everyone had a unique way of coping. Some paced. Some tweeted. Some wore lucky shirts.
Mark Arnold baked.
The outgoing 51-year-old partner at Andrews Kurth Kenyon and lifelong Astros fan headed to the kitchen and whipped up batches of cookies and banana bread.
“It calmed me down,’’ said Arnold, who also cans his own jellies, jams and pickles. “It centers me a little bit. It’s a task that starts and ends.
“The legal practice is never a task that starts and ends. It starts but it never ends.’’
No one knows that better than Arnold, who also serves as General Counsel for the Harris County - Houston Sports Authority, and was the man in the middle of the deals that built Minute Maid Park, NRG Stadium, Toyota Center and BBVA Compass Stadium.
After graduating from Columbia Law School, the 1984 Bellaire High graduate got his start practicing traditional real estate law at Mayor, Day, Caldwell & Keeton, but it was a ride across Houston when he was a sixth-year associate there that changed the course of his career.
Two decades later, Arnold is one of the country’s go-to lawyers for public-private partnerships for economic development of world-class stadiums. In addition to Houston’s venues, he has headed up projects around Texas and is now representing the Las Vegas Stadium Authority on a $1.9 billion, 65,000-seat domed stadium project for the Las Vegas Raiders. Groundbreaking for the stadium is Nov. 13.
Arnold describes himself as a “straight-talk, hard-charging kind of you-get-what-you-see, see-what-you-get’’ lawyer and is at his best when he rolls up his sleeves and gets to work in a board room.
“It’s really gratifying as a lawyer to be able to negotiate something for the community and then see the impact that it has,’’ he said. “I am a big sports fan. And Minute Maid Park is still my favorite thing I’ve done because I’m such a baseball fan.’’
All of which brings us to that drive two decades ago that changed everything.
Public finance attorney Bob Collie, who helped write the legislation that gave Houston the ability to create the Sports Authority and served as its first General Counsel, asked Arnold to take a ride with him one day. They were going to meet then-Sports Authority Chairman Jack Rains.
“I said OK,’’ Arnold said. “We drove out to Jack Rains’ house and Bob said, ‘Here’s our real estate and construction lawyer and lets go from there.’ That’s how it started.’’
Collie knew how to issue bonds, while Arnold was the man who could negotiate leases. It was the perfect blend of talent and soon they were off and running on plans for the Astros’ new home.
“What’s interesting about stadium deals is they’re essentially like any other big, complicated real estate transactions,’’ he said. “It’s taxpayers’ money, so a good, fair deal for the taxpayers, but one the team can live with – just like any negotiation that you do. It’s an art and a science to a certain degree, and I like to think I’ve gotten better at it over time. It was fun deal.’’
Andrews Kurth and Mayor, Day, Caldwell & Keeton merged in 2001 and Arnold’s role continued to expand. He and the firm represent the government entities and Arnold is involved in everything from financing to development, architecture, construction and leasing.
For the Las Vegas stadium project, Arnold reached out to Nevada firm Brownstein Hyatt Farber Schreck, a firm he worked with on the acquisition of the Golden Nugget Casino for Rockets’ owner Tilman Fertitta’s Landry’s Restaurants, Inc. He worked on several other acquisitions for Fertitta and is representing him in the development of The Post Oak at Uptown Houston, a mixed-use project that combines a hotel, restaurants, office and residential spaces.
There were 31 firms that originally expressed interest in the Raiders’ stadium project and Arnold was all smiles when the firm was selected as general counsel in January.
“I was happy, elated and surprised,’’ he said. “It was a recognition of all the hard work our team has done here on representing governmental agencies and stadium transactions.’’
Each project Arnold has worked on has had its own unique set of issues and stress points.
“The Minute Maid Park deal was stressful in that we had a groundbreaking date that we had to meet and we had to have enough documents done at that date to meet that groundbreaking,’’ Arnold said. “We did and the stadium got done on time.’’
Next up was then-Reliant Stadium and the challenge, after Bud Adams took the Houston Oilers to Tennessee, was convincing the NFL to bring an expansion team to Houston.
“Our deadline was the NFL meetings in Los Angeles because, at the time, Houston was thought to be in second position behind LA for an expansion franchise,’’ he said. “In large part because of (owner) Bob McNair and his vision for the team, we got the team, but also we got the team because we put together a memorandum of understanding on a stadium transaction with our client (the Sports Authority), on one side and the Rodeo and the Texans on the other side.
“We had to convince the NFL that Houston had its act together, that Houston wanted a team. That Houston wasn’t going to let another team go.”
The city didn’t pass the first referendum for the Toyota Center, but after hammering out a few changes, voters did approve a second one.
Arnold also led developments in Texas for BBVA Compass Stadium, Constellation Field, Cedar Park Events Center (home to the American Hockey League’s Texas Stars) and a basketball arena in Edinburg.
Over the past few years, Houston’s venues have taken center stage nationally with the 2017 Super Bowl and World Series and 2016 Final Four. And, in a true small-world story, Arnold is now representing Sports Authority Chairman J. Kent Friedman, the man who hired him at Mayor, Day, Caldwell & Keeton.
“Kenny came up to Columbia Law School, took me out to my first interview dinner ever and hired me as part of the summer program,’’ Arnold said. “Now, I’m enjoying working with him as a client.”
And Arnold is impressed with way Sports Authority CEO Janis Burke is guiding Houston into the next phase.
“She was the right person to take the Sports Authority from merely building stadiums, to then marketing sports in Houston and Houston as a sports town,’’ he said.
In Fertitta, he sees a new team owner who “will take it to the next level. He’s a visionary who really understands what people want from an entertainment and culinary aspect.’’
As for that stress baking? He’s got plenty to keep him busy including leases to renew with all the major Houston franchises. And there’s always that lingering question about whether - someday - Houston might add an NHL team.
Banana bread and cookies anyone?
There was a conversation Cleveland guard Donovan Mitchell had during training camp, the topic being all the teams that were generating the most preseason buzz in the Eastern Conference. Boston was coming off an NBA championship. New York got Karl-Anthony Towns. Philadelphia added Paul George.
The Cavs? Not a big topic in early October. And Mitchell fully understood why.
“What have we done?” Mitchell asked. “They don't talk about us. That's fine. We'll just hold ourselves to our standard.”
That approach seems to be working.
For the first time in 36 seasons — yes, even before the LeBron James eras in Cleveland — the Cavaliers are atop the NBA at the 25-game mark. They're 21-4, having come back to earth a bit following a 15-0 start but still better than anyone in the league at this point.
“We've kept our standards pretty high,” Cavaliers coach Kenny Atkinson said. “And we keep it going.”
The Cavs are just one of the surprise stories that have emerged as the season nears the one-third-done mark. Orlando — the only team still unbeaten at home — is off to its best start in 16 years at 17-9 and having done most of that without All-Star forward Paolo Banchero. And Houston is 16-8, behind only the Cavs, Boston, Oklahoma City and Memphis so far in the race for the league's best record.
Cleveland was a playoff team a year ago, as was Orlando. And the Rockets planted seeds for improvement last year as well; an 11-game winning streak late in the season fueled a push where they finished 41-41 in a major step forward after a few years of rebuilding.
“We kind of set that foundation last year to compete with everybody,” Rockets coach Ime Udoka said. “Obviously, we had some ups and downs with winning and losing streaks at times, but to finish the season the way we did, getting to .500, 11-game winning streak and some close losses against high-level playoff teams, I think we kind of proved that to ourselves last year that that's who we're going to be.”
A sign of the respect the Rockets are getting: Oddsmakers at BetMGM Scorebook have made them a favorite in 17 of 24 games so far this season, after favoring them only 30 times in 82 games last season.
“Based on coaches, players, GMs, people that we all know what they're saying, it seems like everybody else is taking notice as well,” Udoka said.
They're taking notice of Orlando as well. The Magic lost their best player and haven't skipped a beat.
Banchero's injury after five games figured to doom Orlando for a while, and the Magic went 0-4 immediately after he tore his oblique. Entering Tuesday, they're 14-3 since — and now have to regroup yet again. Franz Wagner stepped into the best-player-on-team role when Banchero got hurt, and now Wagner is going to miss several weeks with the exact same injury.
Ask Magic coach Jamahl Mosley how the team has persevered, and he'll quickly credit everyone but himself. Around the league, it's Mosley getting a ton of the credit — and rightly so — for what Orlando is doing.
“I think that has to do a lot with Mose. ... I have known him a long time,” Phoenix guard Bradley Beal said. “A huge fan of his and what he is doing. It is a testament to him and the way they’ve built this team.”
The Magic know better than most how good Cleveland is, and vice versa. The teams went seven games in an Eastern Conference first-round series last spring, the Cavs winning the finale at home to advance to Round 2.
Atkinson was brought in by Cleveland to try and turn good into great. The job isn't anywhere near finished — nobody is raising any banners for “best record after 25 games” — but Atkinson realized fairly early that this Cavs team has serious potential.
“We’re so caught up in like the process of improve, improve, improve each game, improve each practice," Atkinson said. “That’s kind of my philosophy. But then you hit 10-0, and obviously the media starts talking and all that, and you’re like, ‘Man, this could be something special brewing here.’”