Real Estate 101 for public officials Urban Land Institute Prince George’s County June 15, 2012 Urban Land Institute Real Estate 101 for public officials 1 Topics we plan to cover I. The challenges of contemporary development (infill, TOD, value-add conversions) (30 minutes) II. The development process and project viability (40 minutes) III. Real estate finance (30 minutes) A.The market B. Capital sources and rates of return C. The capital stack IV. Using public-private tools (40 minutes) V. Round table discussion (30 minutes) Urban Land Institute Real Estate 101 for public officials 2 Learning Objectives: 1. Obtaining the best outcomes for the community based on understanding how real estate development works. 2. Connecting the entitlement process to the development process to achieve community goals. 3. Standards for deals that are fair and defensible to the public. 4. New ways of thinking about how to create better projects that meet community goals within the parameters of the real estate financial requirements. Urban Land Institute Real Estate 101 for public officials 3 •Charles A. Long •Charles A. Long Properties, LLC charlesalong@gmail.com • Developer specializing mixed use development in California, US • Consultant on redevelopment, capital finance and economic development • Instructor for ULI Real Estate School on development process, public-private partnerships and sustainable development • Former city manager of Fairfield and interim manager in Mammoth Lakes, Hercules and Pinole, CA • Author of “Finance for Real Estate Development “ published April 2011 • Served on 14 ULI advisory panels, chairing panels in Salem OR, Boise, ID and Dallas, TX. • Masters in Public Policy, UC Berkeley; platoon sergeant, US Army Urban Land Institute Real Estate 101 for public officials 4 Finance for Real Estate Development published by ULI April 2011 Urban Land Institute Real Estate 101 for public officials 5 Introductions • Your objectives from this course Urban Land Institute Real Estate 101 for public officials 6 The challenges of contemporary development “Transformation from a car-dominated tangle of offices, malls and auto dealers into a livable city” East 14th St., San Leandro, CA Urban Land Institute Real Estate 101 for public officials 7 Development today is more complicated physically and economically • • • • • • More urban and mixed use Public benefits more important More complicated economics More conversions from old uses Less leverage and no “value add” financing Density confusion Appleton Mills, Lowell, MA West End Commons, Oakland, CA Lakeside Steel Plant, Chicago Urban Land Institute Real Estate 101 for public officials 8 Private sector needs help Obsolescence Barriers—Southwest Center Mall Market for retail too weak to reposition the center for retail. Five property owners Poor circulation Development plan to create Town Center project with 600 residential units and plaza. • New circulation. • New parcelization. Urban Land Institute Real Estate 101 for public officials 9 Walkable, sustainable places are more valuable Urban Land Institute Real Estate 101 for public officials 10 Mixed use is hard to do Community acceptance and entitlement risk Sector differences in market strength Parking costs and layout Resizing the infrastructure Financing challenges Conflicts among uses Silver Spring Town Center Getting the density right Urban Land Institute Real Estate 101 for public officials 11 Mixed use financing challenges • Cost of capital for unitary development configuration • Longer absorption period for retail • Valuing income and for-sale • Federal pre-sale requirements for condo projects • Liability on for-sale residential • Interconnected parking and operations Urban Land Institute Real Estate 101 for public officials 12 Entitlement process now is more challenging Alameda NAS, Alameda, CA • More public involvement • More review steps • Skepticism about density. • Development impacts must be funded • Pre-development risk results in missed opportunities. Urban Land Institute Real Estate 101 for public officials 13 The Great Recession has changed the capital stack Equity Mezzanine or performing debt Debt Much higher equity: now 35% or more—recourse provisions tighter Disappearance of "Gap" financing to pay for “value-add” conversions Much lower debt: now 65% or less Urban Land Institute Real Estate 101 for public officials 14 The result of the changes to the capital stack OVERALL PROJECT RETURNS MUST BE HIGHER TO ATTRACT CAPITAL Urban Land Institute Real Estate 101 for public officials 15 Development today is inherently public private Uptown, Oakland, CA • 665 rental units; 25 percent affordable • New, one half acre park • $160 million private cost • $50 million public investment Urban Land Institute Real Estate 101 for public officials 16 Mission Bay San Francisco, CA • $400 million of infrastructure • Cleanup of site • Public transit links • 41 acres of open space • Financed with “land secured” bonds Inherently public/private because: 1. Insures capture of public benefits in the entitlement process. 2. Addresses greater economic risks and physical complexity. 3. Integrates service costs into project economics 4. Brings non-project related resources to enhance private project viability 5. Aids in site assembly 6. Enhances co-development opportunities Public Private Partnerships for Transit Oriented Development •18 And yet, neither sector fully understands the other • Public: – Weak understanding of the private real estate process and economics – Unrealistic, irresponsible or constraint-driven deal making – Inconsistent and unreliable performance on commitments. • Private sector: – Uncertain about how to craft a partnership with a public entity. – Frustration with process and constraints – Failure to capture opportunities Urban Land Institute Real Estate 101 for public officials •19 Ultimately, this is about governance • Have a shared vision for the future---build a community consensus. • Set clear, predictable and high development standards. • Develop the competence to understand constraints and opportunities in real estate economics. • Build partnerships with the private sector based on fiduciary principles that protect the public interest. • Have strong leaders and committed citizens It’s about leadership • With a focus on transit-oriented development, redevelopment, revenue creation and smart growth, the Council is encouraging a more business-friendly Prince George’s County by expanding economic opportunities and commercial development. • Excerpt from Prince George’s County Annual Report It’s about competing effectively as a quality place to live. Urban Land Institute Real Estate 101 for public officials 22 Prince George’s County has tremendous potential 15 Transit Stations 2,200 acres of vacant land within ½ mile of stations. Source: Andrew Scott, Maryland Department of Transportation What makes great communities? Knowledge you need • • • • • Risk Profile of the development process Development finance Project viability Deal standards How to use the tools Urban Land Institute Real Estate 101 for public officials 25 Organizational norms you need • Leadership • Community vision • Collaborative decision-making across departments • Delegation of authority to carry out the mission. Urban Land Institute Real Estate 101 for public officials 26 Group discussion 1. What challenges do you perceive that Prince George’s County faces in achieving high quality development? 2. Got examples? Urban Land Institute Real Estate 101 for public officials 27 The Development Process and Project Viability Urban Land Institute Real Estate 101 for public officials 28 Development is… a separate self financing enterprise that goes from small to large. Urban Land Institute Real Estate 101 for public officials •29 29 The Development Process has three phases Urban Land Institute Real Estate 101 for public officials 30 80% to 90% of project value is created in the pre-development phase Acquisition, design, entitlement, financing, risk management Project Value Urban Land Institute Real Estate 101 for public officials 31 Pre-development work manages risk for all phases By the start of construction, risks should be reduced to factors that have already been addressed and are controlled through good management. Urban Land Institute Real Estate 101 for public officials •32 Pre-development can be expensive and time consuming ($100 million project) Item Cost Due diligence on land purchase $100,000 Market analysis and marketing $200,000 Project design Environmental analysis and entitlement process Pre-construction services $2,000,000 $1,000,000 TOTAL $3,500,000 Urban Land Institute Real Estate 101 for public officials $250,000 33 Questions 1. Why do developers have the highest risk of losing money before construction starts? 2. What implications does this risk profile have for developers in Prince George’s County? 3. What measures has Prince George’s County taken that address this risk profile? Urban Land Institute Real Estate 101 for public officials 34 Project viability and residual land value Urban Land Institute Real Estate 101 for public officials 35 Three elements to evaluate project viability: 1. Project Value: based on either total sales or on valuation of the stream of income 2. The Hurdle Rate: The minimum rate reflecting the cost of capital and time that the capital is used. 3. Project Costs: A valid estimate. Urban Land Institute Real Estate 101 for public officials 36 A Project is “viable” if VALUE minus COSTS is sufficient to pay: – Cost of Capital – Developer profit Urban Land Institute Real Estate 101 for public officials 37 PROJECT VALUE BASED THE MARKET – For Sale Project: (primarily residential) Gross sales less marketing – Income projects (retail, office, apartments, etc.): INCOME DIVIDED BY A “CAP RATE”. Urban Land Institute Real Estate 101 for public officials 38 How to value an “income” project. • Income project produce annual income from rent, maintenance charges and other sources. • Apartments, offices, retail stores, business parks are all, usually, income projects. • The income after expenses is called “Net Operating Income” of NOI. It is the same as annual profit. • The market values the NOI using something called a “capitalization rate”. Urban Land Institute Real Estate 101 for public officials •39 A capitalization rate is simply an shorthand indicator of market strength. Net Operating Income (NOI) Cap Rate= Project Value Project Value= NOI Cap Rate High cap rate indicates market weakness and low cap rate indicates market strength. Urban Land Institute Real Estate 101 for public officials •40 Cap rates reflect market sentiment Urban Land Institute Real Estate 101 for public officials 41 Cap rate is the inverse of the P/E ratio used in the stock market Cap rate 2% 3% 4% 5% 6% P/E Ratio 50 33 25 20 16.7 Urban Land Institute Real Estate 101 for public officials •42 Some stock P/E ratios Average S&P stocks General Electric Microsoft Starbucks Whole Foods Mkt. 15.5 14.31 19.96 45.22 32.18 What does a high P/E (or low cap rate) signal about expectations of growth in income? Urban Land Institute Real Estate 101 for public officials •43 Pop quiz 1 What is the project value? NOI $3,000,000 $3,000,000 $2,000,000 $2,000,000 Cap Rate 5% 6% 4% 5% Urban Land Institute Real Estate 101 for public officials •44 Web sites where you can obtain current market data • Real Estate Research Corporation www.rerc.com • Real Capital Analytics http://global.rcanalytics.com/ • National Council of Real Estate Investment Fiduciaries (NCREIF) http://www.ncreif.com Urban Land Institute Real Estate 101 for public officials 45 DETERMINING THE HURDLE The cost of capital is the blended cost of equity and debt over the time to construct. Example Cost of equity: 20% per year (30% of costs) = 6% Cost of debt: 5% per year (70% of costs) = 3.5% TOTAL ANNUAL COST OF CAPITAL = 9.5% If a project takes 2 years to construct, cost of capital is: 9.5% per year or a total of about 20%. Urban Land Institute Real Estate 101 for public officials 46 Typical hurdle rates based on duration of development period 1-year: about 10% 2-years: about 20% 3-years: about 30% Urban Land Institute Real Estate 101 for public officials 47 Hurdle rates for other capital structures and construction periods Months to achieve project value Debt Equity % funding 36 75% 6.00% 36 80% 24 Interest % funding Annual return Hurdle Rate 25% 20% 31% 6.00% 20% 20% 29% 75% 6.00% 25% 20% 20% 24 80% 6.00% 20% 20% 18% 12 80% 6.00% 20% 20% 9% Urban Land Institute Real Estate 101 for public officials 48 THE COSTS: A realistic cost estimate includes: 1. Building costs 2. Site Development (demolition, grading, utilities and landscaping) 3. Parking (may be included in building for some types of projects) 4. Connection and impact fees 5. Offsite costs such as traffic signals or road improvements 6. Design (architecture, engineering, consultants, etc) 7. Marketing (brokers, advertising, etc.) 8. Construction management 9. Financing /legal/administrative 10. Taxes during construction 11.Contingency: 10-15% in early stages DO NOT LUMP COSTS YOU CANNOT CUT THE BOARD LONGER Urban Land Institute Real Estate 101 for public officials 49 OK. Once you have Project Value and Hurdle Rate, then you can determine how much you can afford to spend on a project compared to what it is estimated to cost. Maximum supported = investment Project Value 1 + hurdle rate If estimated project costs exceed the Maximum Supported Investment then the project is not viable and the developer will abandon the project. Urban Land Institute Real Estate 101 for public officials •50 Pop quiz 2 What is the maximum supported investment? Project Value $36,000,000 $39,000,000 $50,000,000 $60,000,000 Hurdle Rate 20% 30% 25% 25% Urban Land Institute Real Estate 101 for public officials •51 The return on a project pays: • Cost of debt: interest on a construction loan (4%-6%) • Return on equity: return to investors (15% to 20%) • Developer profit: based on project performance after paying costs of capital. Urban Land Institute Real Estate 101 for public officials 52 Developer profit comes from: • Fees: Developer fee of 2-4% of cost with incentive bonuses. • Co-investment: Developer is an equity investor in 10-15% of equity requirement. • Sharing of success: – Participation in profits over the “preferred return” of 812% – Higher participation in profits over a target of 15-18%. Urban Land Institute Real Estate 101 for public officials 53 Residual Land Value is: The price the project can afford after accounting for the other costs of development. Obtaining site control by tying up the land is the first major decision a developer makes and is based on market and costs. If the costs of development change, the developer risks a loss because the land price has already been determined. Urban Land Institute Real Estate Development Process II 54 Residual land value is the land component of supported investment. Project Value 1 + hurdle rate Supported investment MINUS Costs without land =Residual land value Urban Land Institute Real Estate 101 for public officials 55 Pop quiz 2 What is the project residual land value? Project Value Project Cost (w/o land) Hurdle Rate $36,000,000 $39,000,000 $50,000,000 $60,000,000 $25,000,000 $25,000,000 $35,000,000 $43,000,000 20% 30% 25% 25% Urban Land Institute Real Estate 101 for public officials •56 Cash-on-cash hurdle rate allows quick evaluation early in project Once a property is tied up, do a more detailed analysis based on more accurate information Urban Land Institute Real Estate 101 for public officials 57 Land Value Changes with Use. Example on 3 acres Scenario 1: -80 townhomes. -net sales of $24 million -costs (before land) of $16,000,000. -land value at 20% hurdle is $4.0 million. Scenario 2: -210 apartments in podium configuration. -NOI at $30/sf rent is 3.3 million. -Project value is $65.5 million at 5% cap -costs (before land) of $42 million. -land value at 30% hurdle is $8.4 million. Urban Land Institute Real Estate 101 for public officials 58 An example using Agency requirements Sale price of house #1: $500,000 $100,000 $25,000 $60,000 $65,000 Sale price of house #2: $500,000 Residual Land Value Agency requirements Profit Design, finance, management, marketing $75,000 $50,000 $60,000 $65,000 $250,000 $250,000 Construction Urban Land Institute Real Estate 101 for public officials 59 How should an agency establish its requirements? Make the requirements as high as possible because quality development produces value for the community. But, make the requirements clear and consistent over time so that land prices can adjust to reflect what a project can afford based on the market and other costs of development. Urban Land Institute Real Estate 101 for public officials 60 High quality, consistent standards are less risky and produce high value " Simplify the process for developers. By streamlining permitting and construction processes, getting departments to work together to promote infill, and ensuring requirements are consistent, cities can smooth the way for good development." --Bay Area Greenbelt Alliance Background material\Smartinfill executive summary.pdf • Developers prefer to compete on value, not cost. • Policies may cost more but make the community more valuable. • First, create a great place to live: education, parks, transportation and the long term value will pay for the costs. Urban Land Institute Real Estate 101 for public officials 61 What happens to a project’s financial viability if: : and costly? • The entitlement is long • The public agency suddenly changes the development conditions? • The public agency’s development conditions are uncertain? • The cost of development conditions causes total costs to exceed project value? Urban Land Institute Real Estate 101 for public officials 62 Questions 1. What are the implications of basic real estate economics for establishing development standards in Prince George’s County? Urban Land Institute Real Estate 101 for public officials 63 Real estate finance Urban Land Institute Real Estate 101 for public officials 64 $4.575 trillion invested in U. S. private real estate in 2007 (2008 Emerging Trends) 28.1% was Equity Public Co. 3.5% Foreign Investors 4.1% Pension funds 12.9% 71.9% was Debt Life Insurance 2.5% Govt. credit 3.5% Private financial .6% REITs 32.3% Private investors 44.1% REIT sec .8% Public >0% REIT unsec. 6.3% Life insurance 8.8% Urban Land Institute Real Estate 101 for public officials CMBS 22.5% Banks 56.9% 65 Basic Financing Structure Involving Debt and Equity DEBT SOURCE: Lenders EQUITY SOURCE: Owners and Investors FUNDS FUNDS CAPITAL CONSTRUCTION AND PERMANENT DEBT FINANCING PRE-DEVELOPMENT AND PERMANENT EQUITY FINANCING DEBT SERVICE RETURN VISION, SKILLS PRE-DEVELOPMENT, REQUIRED CODEVELOPER INVESTMENT __________ ENTITLEMENT PUBLIC SECTOR AGENCIES THE REAL ESTATE ___________ PUBLIC PARTICIPATION Political / Physical / Economic Opportunities & Constraints TAXES AND FEES SALE, LEASE, OR OCCUPANCY $ OPERATOR RETURN COMMODITY AND/OR VALUE THE MARKET ___________ USERS Urban Land Institute Real Estate 101 for public officials •66 Financing terminology does not always mean the same thing to everyone—lenders and investment firms talk funny, make them explain! • Interest rate Swap • Lock • Promote • Recourse • Non-recourse • IRR • Preferred return • Waterfall • • • • • Mezzanine Bridge LTC/LTV/DCR Pre-buys Participating debt • Deed of trust • Credit Spread • LIBOR • Promotional interest • Bankable takeouts • Pari Passu • Inter-creditor agreements • Capital Event • Notional principal • Leverage Urban Land Institute Real Estate 101 for public officials 67 Stacking the capital Equity Mezzanine or performing debt Debt • Developer co-invests • Preferred and promotional return • Target return and upside The value-add play Pays out based on value creation • DCR • LTV • LTC Performance guarantees with recourse for: •Project completion •Cost estimates •Lease up Urban Land Institute Real Estate 101 for public officials 68 Typical return requirements Equity Mezzanine or performing debt Debt • Preferred 9%-12% • Target 15%-20% • Total potential 25% or greater Projected 20% or greater 15-25 year amortization 2-15 balloon 4.5% to 8% interest Urban Land Institute Real Estate 101 for public officials 69 Application Equity Mezzanine or performing debt Debt Pre-development after project viability has been confirmed IF entitlement risk is low. Value add play on project with existing cash flow. Construction and permanent finance only—NO PREDEVELOPMENT. Urban Land Institute Real Estate 101 for public officials 70 80% Leverage 80% leverage on a project that costs $10 million and produces $12 million in valuation after 2 year construction Repay bank loan plus interest: $8,560,000 2 year construction effective loan period 1 year Debt $8.0 million Investor/developer Distribution $3,440,000 Equity $2.0 million Sales or Value Unleveraged rate of return=9.5% Costs 31.1% Leveraged rate of return Urban Land Institute Real Estate 101 for public officials 71 60% Leverage 60% leverage on a project that costs $10 million and produces $12 million in valuation after 2 year construction Repay bank loan plus interest: $6,420,000 2 year construction effective loan period 1 year Debt $6.0 million Investor/developer Distribution $5,580,000 Equity $4.0 million Sales or Value Unleveraged rate of return=9.54% Costs 18.11% Leveraged rate of return Urban Land Institute Real Estate 101 for public officials 72 The Waterfall Cash Flow after paying loans and costs 1st Dollars out Return of principal Preferred return (including developer co-investment) 2nd Dollars out Promotional return parri pasu to investment dollars to meet target total returns 3d Dollars out Some percentage distribution to developer Larger percentage return to developer Ongoing small percentage distribution to investors Urban Land Institute Real Estate 101 for public officials 73 How about the developer's profit? There is not just one way: • Equity investors require developer's interest to be aligned with theirs. • Profits to developer will be paid after preferred return to investors • Developer's share of profits increases with profits. • Some developers take some profits from "fees" Urban Land Institute Real Estate 101 for public officials 74 TYPICAL FINANCIAL STRUTURE Capitalization Leverage 65-80% depending on guarantees Equity (20-35%) contributions 90% Investors group 10% Co-investment from Developer Distributions Cash flow to equity participants, usually with preferred return to equity and waterfall distribution to investors and Developer "Capital" event – success to Developer and Investor Group after hurdle return based on IRR Urban Land Institute Real Estate 101 for public officials 75 Typical deal structure Financings are about relationships. Recognize that “who” you partner with is just as important as the property you buy. The trustworthiness and reliability of the developer is just as important as the merits of the particular project. Equity and debt partners invest through a joint venture agreement allowing major decisions to be made jointly and insuring alignment of interest! Developer must co-invest in the project Developer guarantees hard and soft costs and completion Urban Land Institute Real Estate 101 for public officials 76 Typical deal structure (continued) You spend 95% of the time negotiating 5% of the issues that never occur. Take profits when they are available. Provide for a 3 to 7 year holding period. Sell when business plan is completed – win, lose or draw. • Provide success fees to the developer and investor group on sale or refinance after meeting the required IRR hurdle. • Allow the developer to take market rate fees for services (property management, construction, etc.) Urban Land Institute Real Estate 101 for public officials 77 Fiduciary parameters • Validate all the assumptions: especially the market and the costs. • Are the developer’s financial transactions open and transparent to the outside investors? • Include provisions in the joint venture agreement allowing removal of the developer for cause. • Create a “buy-sell” provision, but don’t rely upon it to solve all the problems. Urban Land Institute Real Estate 101 for public officials 78 Questions 1. How will familiarity with private real estate finance help you achieve higher quality development in Prince George’s County? Urban Land Institute Real Estate 101 for public officials 79 Using public private tools Urban Land Institute Real Estate 101 for public officials 80 7 Tools you need to understand 1. 2. 3. 4. 5. 6. Developer selection and negotiations Community planning/Entitlements Site assembly and cleanup Creating a development entity Municipal financing Equity investment tools (including tax credits) 7. Co-investment opportunities Urban Land Institute Real Estate 101 for public officials 81 The 10 principles COMPETENCE 1. Properly Prepare for Public/Private Partnerships 2. Create a shared vision 3. Understand your partners and key players 4. Be clear on the risks and rewards for all parties 5. Document a clear and rational decisionmaking process 6. All parties must do their homework 7. Secure consistent and coordinated leadership 8. Communicate early and often 9. Negotiate a fair deal structure 10. Build trust as a core value Urban Land Institute Real Estate 101 for public officials •82 82 Steps in the process (publicly initiated) • Public agency creates a vision through a communitybased decision process. • Involve the property owners! • Solicits developer through RFP, RFEI, RFQ • Selects and executes an ENA or Sole Source Agreement. • Negotiates and executes a DDA Build trust while conducting due diligence on the project and on each other Urban Land Institute Real Estate 101 for public officials •83 Steps in the process (privately initiated) • Public agency creates a vision through a communitybased decision process (HOPEFULLY) • Developer approaches public agency • Agency and developer agree to negotiate leading to an agreement. Build trust while conducting due diligence on the project and on each other Urban Land Institute Real Estate 101 for public officials •84 Negotiation is about problem-solving • Don’t treat the process as a hard bargaining situation • Know your project economics and don’t make concessions you can’t afford. • Build the relationship of trust • Build community ownership Urban Land Institute Real Estate 101 for public officials •85 Sharing Proprietary information • Understand the local public information laws. • Disclose to an outside 3d party consultant • Recognize that the final deal must meet the open book requirement. • Don’t be ashamed about return requirements Urban Land Institute Real Estate 101 for public officials •86 Community planning reduces entitlement risk • • • • • Livermore, CA downtown specific plan • • • Principles Include all stakeholders Base the plan on the market Analyze all the impacts Develop implementation tools Identify public infrastructure needs Imbed flexibility Develop knowledge/skill in real estate Use the RFQ Walnut Creek, CA downtown plan Urban Land Institute Real Estate 101 for public officials 87 Site assembly challenges Morgan Hill, CA Downtown Opportunity Sites • AVOID USING EMINENT DOMAIN. • Few property owners understand the real estate. • Long term owners. • Mistrust of developers and city. • Fear of limiting options by choosing one. • Potential for gaming the process. Urban Land Institute Real Estate 101 for public officials 88 Newark, CA 150 acre industrial site conversion to TOD –Cleanup will increase land value by up to $130 million –4 property owners: concerned about distribution of costs, value and cooperation. –Agency can force clean up and bill owners –Agency to use TIF and land secured bonds to equalize costs and fund infrastructure for access and circulation. Urban Land Institute Real Estate 101 for public officials •89 Create a development entity • Cities and counties protect “health and safety”. • Land sales by competitive bid only, not economic use. • Need authority to invest in and subsidize projects based on economic merit. – – – – Redevelopment agency Economic development corporation Business improvement district Land Development Corporation Urban Land Institute Real Estate 101 for public officials •90 Incremental Assessed Value = Value created from new investment Base Assessed Value= Value of project area when formed Tax Increment $ Property Tax $ Redevelopment Agency Invest in project area CITY/COUNTY Provide Services Redevelopment finances investment from increased value Urban Land Institute Real Estate Development Process II 91 91 Use the development entity • • • • • • Pre-development costs Land acquisition Public Facilities Financing gap Incentive payments Backup guarantees Urban Land Institute Real Estate 101 for public officials •92 Tax exempt financing lowers cost and increases leverage • Public financing takes many forms • Land secured financing for infrastructure/cleanup • Housing revenue bonds • Lease revenue financing for facilities • Revenue and general obligation bonds Berkeley Reparatory Theater • Federal regulations limit use to public purpose and require compliance with IRS regulations for use of funds. Urban Land Institute Real Estate 101 for public officials •93 Land Secured Bonds: assessment bonds are the primary means of financing infrastructure and cleanup • Assessment or annual tax levy can be passed on to users • Delinquencies result in tax lien and foreclosure Mission Bay • BE CAREFUL! ESTABLISH FINANCING STANDARDS. • Private financing subordinates to public financing. Hunters Point Urban Land Institute Real Estate 101 for public officials •94 New Public Incentives Paradigm – Important layer in capital stack – Bonds and/or private placement of municipal obligations the rule, not the exception – Multiple revenue sources – Public participation is evaluated on whether it is needed to make the project pencil – Private capital sources rely on public capital sources to meet underwriting criteria Courtesy of Richard Klawiter, DLA Piper, Chicago Urban Land Institute Real Estate 101 for public officials 95 Lakeside Steel Plant site conversion PHASE 1 PLANNED DEVELOPMENT 35 million square feet Dwelling units maximum 13,575 Commercial Area approximately 17.5 million square feet Source: Jeffrey Owen, DLA Piper, Chicago Urban Land Institute Real Estate 101 for public officials CHICAGO LAKESIDE MASTER PLAN LAKESIDE PHASE 1 CAPITAL STRUCTURE Bonds supported by TIF City GO Bonds $55M Second lien bonds $41M Total TIF bonds $96M TIF BOND ISSUANCE CLOSING CONDITIONS: RETAIL PRE-LEASE 1 TOWER PAD SALE SECURE PRIVATE EQUITY AND FINANCING COMMITMENT Private EQUITY Private DEBT $75M $226M Source: Jeffrey Owen, DLA Piper, Chicago Urban Land Institute Real Estate 101 for public officials •97 Land as equity: Pinole Valley Shopping Center Pinole, CA Renovation of a 70,000 square foot neighborhood shopping center built in the 1960’s. • Agency purchased site from foreclosure along with two gas stations for $7.3 million in 2004. • Ground leased site to developer for 80% of net cash flow (NOI after debt service) • Developer signed Trader Joe’s and Walgreens. • Developer obtained financing to renovate the center based on the Agency land value serving as the equity. • With sale, Agency receives 80% of net proceeds after paying off permanent loan. Urban Land Institute Real Estate 101 for public officials 98 Tax Credits provide equity in return for tax benefits to the tax credit purchaser Low Income Tax Credits • Subsidize affordable rentrestricted housing • $9 billion annual market – awarded at the state level to specific projects • Rigorous compliance requirements New Market Tax Credits • Subsidize capital investments in low income communities • $3 to $4 billion annual credit market awarded federally to entities • Rigorous compliance requirements Courtesy of Leslie Eckstein, Wells Fargo Bank Urban Land Institute 99 Real Estate 101 for public officials Argonaut Hotel, San Francisco • Historic rehabilitation • Uses Historic Tax Credits as equity. • Rent income maintains the historic ships Urban Land Institute Real Estate 101 for public officials 100 Appleton Mills: Lowell, MA 1.9 million square feet of mixed-use, transit-oriented development Up to 725 units of market rate and affordable housing, Up to 425,000 square feet of commercial space Up to 55,000 square feet of retail Total Cost $47,078,544 Tax credit equity $26,282,806 Courtesy of Jim Keefe, Trinity Financial Urban Land Institute Real Estate 101 for public officials 101 Co-investment creates development value for public and private sectors • Examples: – – – – – – – Cleanup Theater Golf course Park Highway interchange Streetscape downtown Stadiums Union City, CA • Intermodal TOD site • Community Theater as coinvestment • Brownfield site cleaned up by the redevelopment agency Urban Land Institute Real Estate 101 for public officials •102 Rancho Solano and Paradise Valley Golf Courses, Fairfield, CA • Developer donates land to the city (180 acres for each golf course) • City uses lease revenue financing for building golf courses • Developer captures increased value of homes build around course. Urban Land Institute Real Estate 101 for public officials 103 Deal Standards (1-6) 1. 2. 3. 4. 5. Competence Price the benefits Align interests Share success Have a “holding period” for returning the public investment 6. Have a stop loss for the public agency: Urban Land Institute Real Estate 101 for public officials 104 Deal Standards (7-12) 7. Validate the market and the costs 8. Use the open book 9. Third party verification 10.Build in accountability 11.Recognize that things will go wrong 12.Keep it simple Urban Land Institute Real Estate 101 for public officials 105 Or… 1. Make deals based on the real estate, not wishful thinking: Validate the deal based on the real estate economics and on what the markets will actually support. 2. Build trust and ownership: Who is involved in the partnership is as critical as what the project is. Developers and communities need to take the time to use the “open book” and to develop relationships of consistency and trust. 3. Do the hard work competently: Public private partnerships are complicated and require resilience and persistence to accomplish. They require a competent team on both sides of the table who take the time and effort to craft complex deals. Urban Land Institute Real Estate 101 for public officials •106 Questions 1. What preparation does a community need to take to be able to be effective at public private partnerships? 2. What do you believe are the most important deal standards? Urban Land Institute Real Estate 101 for public officials 107 Round Table Discussion 1. What were the most important take-aways from today and how will you apply what you learned to improving the quality of development in Prince George’s County? 2. What additional background or knowledge would help you in applying what you have learned today? 3. What worked well and what could be improved? Urban Land Institute Real Estate 101 for public officials 108