Professional Documents
Culture Documents
the groundwork laid by James Graaskamp many years ago. Dan Kohlhepp has taken his own
years of actual development experience combined with the perspectives gained teaching
this material to students and professionals that range from the University of San Diego to
Johns Hopkins University, CCIM and NAIOP members and integrated it all into a systematic
method of development decision making. Not only are the fundamental areas covered as in
the Graaskamp model, but, here we have the players involved, the requirements of achieving
more sustainable and responsible development, and the time sequence of development
action items. Here, one can study development from the perspective of what the participants
in the process actually do, what information they need and when they need to make decisions
from idea conception through property value harvesting. Covering this subject matter for all
property types and markets, is not an easy task and many developers have told academics
you can’t teach this stuff, but Dan Kohlhepp, who uniquely combines his experience in both
the academic and private sector worlds, has provided a new comprehensive model that
sets a new standard. Great cases are provided, making the concepts within the matrix tangible
for the advanced student of real estate. Suitable for advanced students, capstone courses
and professionals alike, I give the Real Estate Development Matrix my strongest possible
endorsement.’
– Norm Miller, PhD, Ernest Hahn Chair and Professor of
Real Estate Finance, University of San Diego
‘The matrix covers the entire development process and breaks it down into the key stages
that require critical tasks to be completed successfully to mitigate the development risk. The
book blends years of development experience with the academic background of the authors.
This is critical for a real estate development text because missing any of the key steps
can jeopardize the success of the entire development project. It takes someone who has
learned through years of development experience to know what the sources of risk are as you
navigate the development matix.’
– Jeffrey D. Fisher, Ph.D., President, Homer Hoyt Institute,
Professor Emeritus, Indiana University
‘The Real Estate Development Matrix masterfully blends the complex topics and concepts
of the real estate development process into a navigable road map for any real estate profes-
sional. Daniel and Kimberly have creatively used real world “case studies” to reaffirm
concepts, provoke critical thinking and illustrate discussed topics in a way that brings clarity
of the real estate development process to all readers. This book is a must read for the aspiring
real estate professional, a seasoned developer and any of the multidisciplinary professionals
that plays a critical role in the real estate development process.’
– Bobby Zeiller, Managing Director-Development,
Silverstone Healthcare Company
‘Real Estate Development is usually taught as the cap-stone/final class in most real estate
programs. Development brings together all the aspects of real estate including: market feasi-
bility studies, market strategy, environmental studies, transportation/accessibility, legal
issues, acquisition, financing, approvals and permits, construction of physical improvements,
leasing, operations, sales and finally disposition. As a professor teaching real estate develop-
ment over the past 30+ years, the complex development process is challenging for students
to grasp and master. Finding good textbooks that cover areas that a professor deems most
important in their course can be challenging.
Real Estate Development Matrix takes a unique “modular” approach to the process, putting
each step into a compartment that can be understood and accomplished independently.
This allows each of the individual contributors to the development process to be able to
understand their role in the process and the value that it creates. A developer is like an orches-
tra leader who knows what the music should sound like and must lead each instrumentalist
to function in a harmonious fashion to produce a good result. Just as an orchestra leader may
not be able to play every instrument, a developer does not have to be able to produce alone
each task of the land planners, architects, engineers, bankers, contractors, sub-contractors,
lawyers, brokers and users they lead; who all have special expertise. The developer must be
able visualize and communicate the end goal to all players and then oversee and coordinate
all those players to achieve the final result.
The book breaks the development process into seven stages: land banking, land packaging,
land development, building development, building operation, building renovation and prop-
erty redevelopment. It then uses the eight tasks needed in each stage: acquisition, financing,
market studies and market strategy, environmental studies, approvals and permits, physical
improvements, transportation/accessibility, and sales/disposition. Therefore, each player can
see their own task and how it fits into the big picture, and the developer can more easily
manage the entire project and coordinate the tasks.
Each topic is handled in an industry standard fashion that is already being used by the
NAIOP (commercial developers) and CCIM (commercial brokers) organizations in their
professional courses, providing good consistency, terminology and approach. The Kohlhepps
have been developers, operators, and instructors – thus the applied nature of their approach.
I recommend that anyone teaching real estate and/or development courses consider this
book, as all or parts of it may be useful in many different courses.’
– Glenn R. Mueller, PhD, Professor – University of Denver,
FL Burns School of Real Estate & Construction Management,
Real Estate Investment Strategist – Black Creek Group, Denver, CO
‘Forever academics have attempted to describe and explain property development in the
context of specific property types. Dr. Kohlhepp breaks this paradigm rut by focusing on
the 7 different stages of property development and the 8 specific tasks associated with
each stage. The brilliance of this framework is that it transcends any property-type specifics
and squarely outlines the whole of property development, regardless of property type.
Dr. Kohlhepp artfully explains property development as a series of complex and interrelated
activities, and demonstrates how the Development Matrix can help bring order to the thought
process. The Matrix encourages the reader to think logically and systematically, but not
linearly about property development.’
– Jeff Engelstad, Ph.D., FRICS, CCIM, Professor, Burns School of
Real Estate & Construction Management, University of Denver
‘The Real Estate Development Matrix is simple, clear, and insightful. The authors breakdown
a confusing process into seven understandable stages. This readable and non-technical book
is a must read for every participant in real estate development. The companion website
nicely compliments the text with in-depth discussions and analysis.
The real-world examples clearly demonstrate the authors’ points. Having worked with the
senior author for over 30 years, I have participated in most of the projects discussed in
the text. They were always learning experiences and illustrate the stages and tasks in the
Matrix.
I particularly enjoyed the discussion of “project feasibility” and the Three Commandments
of real estate development.’
– Art Fields, Retired President and CEO of Crescent Resources, LLC
‘I have had the pleasure of working alongside Dan Kohlhepp in the presentation of his
Development Matrix throughout various US markets. This material has been well received,
as it outlines a very logical series of development stages, each containing well defined tasks.
The total matrix clears what is typically the ‘fog’ of the development process, and no matter
what level of development one is involved in, they can clearly see both their entry into the
process, as well as various exits.
I highly recommend Dr. Kohlhepp’s material no matter the level of experience, or in what
sort of development one is involved.’
– Mark Van Ark, CCIM, SIOR, Sr. Instructor – CCIM Institute, Director – KW
Commercial, Denver/Boulder, CO
‘This is the book that real estate/urban development educators in professional organizations
and academic institutions have needed for a long time . . . Real Estate Development Matrix
shows that one does not have to be a master developer taking a project from start (undeveloped
land) to finish (operating building) to be successful. One can be successful by mastering
some tasks at some stage of the overall process. . . . real estate developers will empathize
with the presentation and discussion of the real world experiences encountered; task
experts in a part of the development process – lawyers, bankers, urban planners – will better
understand what the developer needs from them; and students new to development will have
an overview of what they can expect in their future careers. It is an essential book for anyone
dealing with the built environment.’
– Michael A. Anikeeff, PhD, Professor (retired), Johns Hopkins University,
Carey Business School, Edward St. John Real Estate Program
Real Estate Development Matrix
This book presents a new way of thinking about, teaching, learning, and practicing real
estate development.
Real Estate Development Matrix describes the process in a two-dimensional model
and presents seven Development Stages which form the horizontal axis, and eight sets of
Development Tasks which form the vertical axis to define a 56-cell matrix. In each cell,
money is spent and risks are taken to achieve certain tasks and thereby create (or destroy)
value. This holistic process considers the entire life cycle of real estate from its “green field”
inception to its “brown field” state.
The book is written by a real estate developer and academic, and the presented material is
conceptual, practical, and non-technical. Jargon has been minimized as much as possible
as the authors introduce an entirely new model for real estate development that is both
academically authoritative and developed in practice.
It is aimed at a general professional audience participating in the development process,
but equally the book is ideal for use as a textbook in undergraduate and graduate courses in
real estate development, and an excellent supplemental text for business courses discussing
real estate finance and investment. It may also be used as a textbook for professional courses,
workshops, or seminars in real estate development. The book is supported by an interactive
website at http://realestatedevelopmentmatrix.com/
Daniel B. Kohlhepp is the president of Granite Road LLC. He is a former senior lecturer
and academic program director of the Master of Science in Real Estate and Infrastructure
Program at the Johns Hopkins Carey Business School. He began his career in real estate as
a college professor at the University of Oklahoma and Penn State University and then spent
30 years as a real estate investor and developer before returning to academia. In 2007 the
Homer Hoyt Institute recognized Kohlhepp as a Hoyt Fellow, and in 2012, he was elected to
the board of directors of the Homer Hoyt Institute. He is an equity principal of the Real
Estate Counselors Group of America, and he is also a member of the Appraisal institute and
currently serves on the editorial board of the Journal of Sustainable Real Estate. Kohlhepp
holds a PhD in Real Estate and Urban Planning Analysis from The Ohio State University,
and an MBA and BS degree from The Pennsylvania State University.
Daniel B. Kohlhepp
Kimberly J. Kohlhepp
First published 2018
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
and by Routledge
711 Third Avenue, New York, NY 10017
Routledge is an imprint of the Taylor & Francis Group, an informa business
© 2018 Daniel B. Kohlhepp and Kimberly J. Kohlhepp
The right of Daniel B. Kohlhepp and Kimberly J. Kohlhepp to be identified
as authors of this work has been asserted by them in accordance with
sections 77 and 78 of the Copyright, Designs and Patents Act 1988.
All rights reserved. No part of this book may be reprinted or reproduced or
utilised in any form or by any electronic, mechanical, or other means, now
known or hereafter invented, including photocopying and recording, or in
any information storage or retrieval system, without permission in writing
from the publishers.
Trademark notice: Product or corporate names may be trademarks or
registered trademarks, and are used only for identification and explanation
without intent to infringe.
British Library Cataloguing-in-Publication Data
A catalogue record for this book is available from the British Library
Library of Congress Cataloging-in-Publication Data
Names: Kohlhepp, Daniel B., author. | Kohlhepp, Kimberly J., author.
Title: Real estate development matrix : a handbook / Daniel B. Kohlhepp,
Kimberly J. Kohlhepp.
Description: New York : Routledge, 2018. | Includes bibliographical
references and index.
Identifiers: LCCN 2017031435| ISBN 9781138745049 (hardback : alk.
paper) | ISBN 9781315180779 (ebook)
Subjects: LCSH: Real estate development.
Classification: LCC HD1390 .K64 2018 | DDC 333.73/15—dc23
LC record available at https://lccn.loc.gov/2017031435
Prefacexi
About the authors xv
Acknowledgements xvii
Table of exhibitsxxi
PART I 1
1 Introduction 3
2 Real estate development defined 8
3 The Real Estate Development Matrix 12
4 The third dimension 17
PART II 21
5 Introduction to the Stages of real estate development 23
6 Land Banking 30
7 Land Packaging 47
8 Land Development 76
9 Building Development 103
10 Building Operations 127
11 Building Renovation 147
12 Property Redevelopment 167
22 Summary 311
Afterword 313
Index 315
Preface
Purpose
The purpose of this book is to define the Real Estate Development Process in terms of a two-
dimensional model called the Real Estate Development Matrix. The Real Estate Development
Process has been discussed and debated for many decades, centuries perhaps. While everyone
thinks they know what it is, nobody seems to agree. This is particularly troublesome if one
is trying to obtain community support for a proposed project, to raise funds from prospective
investors, or to teach real estate development to students with multidisciplinary backgrounds.
This Real Estate Development Process has been poorly defined and, consequently, the per-
ceived risks in development can appear overwhelming or be easily ignored. The book aims to
define the Real Estate Development Process with a consistent terminology that can be used
to clarify participants’ roles and expectations, as well as to specify and describe the societal
costs and benefits of real estate development. The risks involved in real estate development are
described as the failure to successfully complete specific tasks in the process.
Overview
The book describes real estate development very broadly and includes any and all efforts to
add economic value to a parcel of real estate. This holistic process considers the entire life
cycle of real estate, from its “green field” state to its “brown field” state. This process may
take decades or centuries, and the process is repeated over and over again. The book’s general
theme is that, at every Stage of the Real Estate Development Process, economic value is
added by successfully completing certain Tasks that require special skills. Failure to accom-
plish those Tasks would result in a loss of economic value. These failures are the risks that real
estate developers incur in the process.
Target audience
This book is written by real estate developers, and it is aimed at a professional audience
of those participating in the development process. This group includes development team
members from multiple disciplines and professional backgrounds, as well as civic leaders
and public officials who guide the future of their communities. The book is also aimed at
students studying real estate development in professional seminars and workshops, and
in undergraduate and graduate classrooms. Real estate development is a multidisciplinary
process that is formally taught in business, architectural, engineering, and political policy
schools. This book is appropriate reading for undergraduate, graduate, and professional stu-
dents interested in the Real Estate Development Process. The book’s material is conceptual,
xii Preface
practical, and non-technical. Jargon has been minimized as much as possible. A companion
website, http://realestatedevelopmentmatrix.com/, contains technical discussions and explains
special skills that are used in real estate development.
Authors’ perspectives
The co-authors bring very different generational perspectives to the Real Estate Development
Matrix. Dan and Kimberly view the Stages and Tasks of development through their different
lenses of history, culture, experiences, and political movements. Dan tries to explain the real
estate development process that he has experienced over the last 40 years, while Kimberly
tries to understand the real estate development process that she has experienced over the last
eight years, and that shapes her future expectations.
This work is based on James Graaskamp’s “Land Investment Seminar” that he presented
in 1973 at The Ohio State University where Dan was a graduate student at that time.
Graaskamp described the first four stages of the Real Estate Development Process in the
context of residential land development. Graaskamp spoke to Dan’s heart. Dan added the last
three Stages to the Process and expanded the context of the Process to other real estate
property types. Any misapplication of Graaskamp’s work or intentions is solely Dan’s
responsibility.
Kimberly has been responsible for keeping the case studies and examples focused and
relevant to the issues and concepts being discussed. She has protected the readers from Dan’s
tendency to get lost in the details by saying, “Good story; bad example!”
Both authors have had multiple roles and responsibilities in numerous projects in various
stages of real estate development.
Companion website: http://realestatedevelopmentmatrix.com
The companion website is more detailed and more expansive than the book. The case
studies and examples that are presented in the book are linked to additional information on
the website. Each reference to a case study or example is indicated by the notation @REDM.
This notation is accompanied with an endnote that provides a URL address for the material.
There is also a tab on the website, Book URLs, that provides a list of the URL addresses
referred to in each chapter, and in the order of their appearance in the book. There is also a
tab on the website, Examples, that lists the URL address for each case study and example
by Stage and Task. The website material can be accessed using a filtering process that
specifies Stage, Task, and Title.
The companion website has another tab, Special Skills, that lists various technical skills
that are presented on the website. The Special Skills involve value measurement methodolo-
gies, as well as decision-making techniques required to successfully complete the Real
Estate Development Process.
Takeaways
Hopefully, readers will take away some of the following ideas about the Real Estate
Development Process:
Daniel B. Kohlhepp
Kimberly K. Kohlhepp
About the authors
The authors would like to recognize and thank numerous persons who helped make this
book possible.
Historical
While this concept of the Real Estate Development Process was initially formulated by
University of Wisconsin Professor James Graaskamp in a land development seminar in
1973, his ideas were expanded to include the concept of value creation by Professor Ronald
L. Racster at The Ohio State University. Their legacy is the foundation of this work.
Professional
Two professional developers had significant effects on the author, Dan: Art Fields and Bobby
Zeiller. For 40 years, Arthur W. Fields has successfully demonstrated a disciplined and
dogmatic approach to real estate development by determining where and when property
value increases in the process. Throughout his professional career, he has participated in
all Stages of the Real Estate Development Process and his accomplishments are historic.
Art and Dan did their first deal together over 30 years ago in Nashville and have done dozens
of developments together since.
Robert H. “Bobby” Zeiller was Dan’s right-hand man in numerous mixed-use develop-
ments. Accomplished in engineering and construction management, Bobby became an
expert in political and community affairs. His deft hand in the Land Packaging Stage made
him incredibly effective in obtaining permits and approvals for Land Developers.
Art, Bobby, and Dan have debated market trends, strategies, tactics, and general world
events ad nauseum. However, they always agreed on the importance of determining how and
when economic value is created in the Real Estate Development Process. Art and Bobby
were models of responsible real estate developers. They demonstrated not only what needed
to be done, but also how it should be done.
Academic
Professor Michael Anikeeff (Johns Hopkins University) was an early supporter of the Real
Estate Development Matrix, and he has been extremely supportive and encouraging during
this writing effort.
Professors Jeff Fisher and Norm Miller (Indiana University and the University of San
Diego respectively) have been helpful and gentle as they encouraged us to push this book
xviii Acknowledgements
forward. Jeff first encouraged the website development, and Norm insisted that green building
and sustainable development are essential parts of the development process.
Professors Wayne Archer and Josh Harris (University of Florida and the University of
Central Florida respectively) were instrumental in extolling the benefits of writing this book.
Routledge
As the authors were completing the NAIOP and CCIM courses, Ed Needle, Editor of
Construction and Real Estate for Routledge Publishing, engaged the authors in a discussion
about writing this book. While the authors had focused on a narrow professional audience,
Ed contended that a textbook should be aimed at a broader audience to include undergraduate
and graduate students, as well as real estate professionals in all areas of development. Ed was
persuasive. Ed guided the authors through the Routledge review process and established
milestones for the completion of the text and its eventual publication. Catherine Holdsworth,
Assistant Editor at Routledge, has also been very helpful in preparing the manuscript for
publication. Ed and Catherine have been invaluable resources.
Our students
Special thanks are extended to the undergraduate and graduate students at Johns Hopkins
University, the University of San Diego, and the University of Central Florida, who have
worked through early drafts of this book in their courses. Also, the professional students in
the NAIOP and CCIM courses must be recognized and thanked for their comments and
insights on the material presented in this book.
Final thoughts
Over the years, our colleagues have shared insights, comments, and criticisms that the
authors have readily accepted and incorporated into the real estate development story.
The voices of these larger-than-life characters are always in our minds. We owe them a debt
of gratitude and heartfelt appreciation.
Table of exhibits
The purpose of this book is to examine the Real Estate Development Matrix. @REDM1
The Real Estate Development Matrix combines the seven Stages of the Real Estate
Development Process with the eight Tasks that must be completed during each Stage. This
56-cell Matrix captures the real estate development activities in a comprehensive and holistic
manner. This broad view of the Real Estate Development Process considers the entire
lifespan of a property:
This process may take several decades to complete, and then the cycle starts again as property
in the Redevelopment Stage goes back to the Land Packaging Stage and the process begins
anew. The development Tasks are also considered in a very broad sense as they are grouped
into eight categories:
I. Acquisition.
II Financing.
III Market Analysis and Marketing Strategies.
IV Environmental Issues.
V Approvals and Permits.
VI Physical Improvements.
VII Transportation and Accessibility.
VIII Sales and Disposition.
Part I provides the context for the Real Estate Development Matrix while Part II and Part III
discuss the Stages and Tasks of development, respectively. Each chapter in Part II will discuss
the essential elements of each Stage in terms of how economic value is created in that Stage,
and then review the following aspects:
• key players;
• critical Tasks;
4 Part I
• controllable costs;
• major risks.
In Part III, each chapter discusses a set of real estate development Tasks and explains how
those Tasks are accomplished during the various Stages of development.
The aim of this book is to present the readers with a conceptual framework in which to
discuss, question, and analyze the Real Estate Development Process in the context of their
own skills and experiences. The discussion is non-technical and almost free of jargon.
This textbook is supported by a website that is based on the Real Estate Development Matrix.
The website has an interactive Matrix that allows the user to move from one cell to another
to better understand the interactions between the Stages of development and the development
Tasks. The website also has an archive of numerous case studies and examples of the topics
discussed in this book. The website notation of @REDM indicates that more information
is available in the website. There will also be a URL in the endnotes for each website
notation. The website has a tab labelled Textbook URLs that lists the URL addresses by
chapter in the order that they appear in the text. Finally, these case studies and examples can
also be accessed under the Examples Tab by designating the Stage, Task, and Title filters.
The website also has a Special Skills tab where numerous analytical skills are presented,
discussed, and demonstrated. Readers are encouraged to use the website to supplement the
material as they read this book.
Fixed in space
The physical immobility of real estate has many consequences for its development. Real
estate as a physical asset and tangible asset is readily observable, so the general public recog-
nizes its existence. Therefore, it is easily taxed and regulated. Also, because of its physical
immobility, it affects and is affected by its neighbors and adjacent land uses.4 The fixed physi-
cal mobility of real estate tends to make its market local in nature; that is, real estate values
are determined more by local economic conditions than by regional or national conditions.
Complex ownership
Ownership of the tangible real estate is defined as a “bundle of rights,” which are intangible
rights or assets. Real estate ownership is defined as real property and inherent in this
definition are personal property rights that can be owned by private individuals, public
corporations, or governmental jurisdictions. These rights are limited by public land use
controls, as well as private land use restrictions. Consequently, the market place for these
rights is very technical and characterized by high transaction costs.
Introduction 5
Large capital investment
Real estate can be defined as a financial asset in terms of debt capital, equity capital, or a
combination of both. The large amount of capital to develop or to buy real estate usually
requires both debt and equity. Consequently, ability to buy real estate depends on access to
both the equity and debt markets.
General themes
Throughout this book, several themes continuously emerge although they may not be
addressed directly in the material. Developers create value by accomplishing Tasks in the
various Stages of the Real Estate Development Process. The creation of economic value
is the heart of the process. As we work through each Stage, the most important takeaway will
be the answer to the question, “How is value created during this step?” This question will be
answered in each Stage overview. Successfully creating value means that the finished product
has more economic value than the sum of the costs incurred to create it. The challenge is not
to create value equal to the costs, but rather to create value that exceeds the costs. This increase
in marginal value is what the Real Estate Development Process is all about.
Entrepreneurship
A continued theme in real estate development throughout the ages is entrepreneurship; it
is in the developer’s DNA. Adam Smith, the father of economics, defined the factors of
production as land, labor, and capital. Therefore, entrepreneurs are the people who combine
these factors of production, so the value of the product is worth more than the total cost of
production. This is what real estate developers do. Each real estate development is an entre-
preneurial endeavor that involves risk taking with the expected commensurate rewards. It is
not uncommon for a successful real estate development company to spawn several new real
estate development companies as successful employees aspire to become players and run
their own businesses.
Notes
1 http://realestatedevelopmentmatrix.com
2 http://realestatedevelopmentmatrix.com
3 For a good discussion of the nature of real estate and real estate markets see David C. Ling and
Wayne R. Archer’s book, Real Estate Principles: A Value Approach, 4th Edition, McGraw-Hill
Irwin, Chapters 1 and 2.
4 In economic terms, this is referred to as an externality which is characterized by “spill-over” effects
when an unrelated third-party is affected by the actions of others. These external effects can be
positive or negative.
2 Real estate development defined
The analysis of the Real Estate Development Process begins with a working definition of
real estate development. In chapter 1, real estate was defined as an immobile and physically
tangible product. Real estate was also defined as having intangible ownership rights to
the tangible product that could be either real or personal property. Finally, it was defined as
a financial asset that could be either debt or equity, or a combination of both. Clearly, real
estate can be defined in many different ways.
Development is also defined in many ways as the act or process of developing, where the
active verb “to develop” can be defined as:
Ironically, all of these definitions can be applied to real estate since the development of real
estate involves all of them.
Of course, there is great debate over the “true” or best definition of real estate develop-
ment among educators, professionals, and government agencies. In this book, real estate
development is generally defined as the process of adding economic value to the real estate
enterprise through various stages of development.
JAMES A. GRAASKAMP
James Graaskamp can provide a more comprehensive and nuanced discussion of the
question, “What is real estate development?”
Graaskamp was a professor of real estate at the University of Wisconsin–Madison from
1964 until his death in 1988. In 1988, he was named a trustee of the Urban Land Institute
(ULI) and was profiled in the 2004 ULI book, Leadership Legacies. Of the ten people
profiled, Graaskamp was the sole academic. He was often accused by the academic commu-
nity of being too practical and by the professional community of being too theoretical. He
was an iconoclastic thinker who crossed academic boundaries and coined new terms and
concepts. His early work provides the framework of the Real Estate Development Process.2
The following quotes are taken from Graaskamps’s monograph, Fundamentals of Real
Estate Development, published by Urban Land Institute.3 The first real estate development
occurred when:
Real estate development defined 9
“Someone rolled a rock to the entrance of a cave and created an enclosed space for his
family, a warmer, more defensible shelter distinct from the surroundings.”
Graaskamp would say that this is the classic example of real estate development where a
man-made artifact interacts with a natural resource, thereby creating a product that improves
the human condition. He continued:
The real estate development process involves three major groups—a consumer group, a
production group, and a public infrastructure group . . . Each group benefits from coop-
eration and a full understanding of the values, short- and long-term objectives, and
major limitations controlling the other two groups . . .
Unlike many mass-production industries, each real estate project is unique and the
new development process is so much a creature of the political process that society
has a new opportunity with each major project to negotiate, debate, and reconsider the
basic issues of an enterprise economy, i.e. who pays, who benefits, who risks, and who
has standing to participate in the decision process . . .
Thus, the development process remains a high silhouette topic for an articulate and
politically sophisticated society.
Graaskamp’s comments and insight help real estate developers appreciate the role they play
in society and lift our pragmatic thinking to a higher conceptual level. Graaskamp further
explained:
The creation and management of space-time units is termed real estate development.
Real estate developments range from a simple cave to the complex technology of the
Park Avenue skyscraper. Like a manufactured product, a real estate project is part of
a larger physical system programmed to achieve long-term objectives, but each real
estate project is also a small business enterprise of its own. Thus, the development
process is a continuum of construction technology, financing, marketing skills, admin-
istrative controls, and rehabilitation required to operate the real estate enterprise over
many years.
The Real Estate Development Process is a challenging manufacturing process because its
subsystems are so complex and because it is the instrument of change which affects all of a
community and a society—not only for today—but also for future generations.
As entrepreneurs
Economists may define real estate developers as entrepreneurs because real estate developers
combine land, labor, and capital hoping to make a profit by creating a finished product whose
value is greater than the costs of the component inputs. Real estate developers take the risks
of the business enterprise with expectations of achieving an economic return that adequately
rewards this risk-taking behavior.
10 Part I
As prominent citizens
Successful real estate developers sometimes are considered prominent citizens as they are
building cities or enhancing communities’ built-environments. Real estate developers also
are active in community charities, events, and programs.
As disappointments
However, many citizens have unrealistic expectations that developers should continue to
own their projects for their entire economic lives and are disappointed when that doesn’t
happen. Often, citizens are disillusioned and complain that developers just “flip” their
projects and abandon the community after the projects are built.
Define roles
Developers must define the roles, objectives, and compensation schemes for each professional
on the team. These team members must be managed, so the finished development has a value
greater than the costs it takes to create.
Developers’ self-descriptions
Clay Emery
Clay Emery is an active octogenarian real estate developer who started his career with
James Rouse in the Columbia, Maryland, new town project in the 1960s. He then formed his
Real estate development defined 11
own company, which has built over one million square feet of offices and warehouses in
the Mid-Atlantic Region. Addressing a graduate real estate class in 2011 at Johns Hopkins
University, Emery explained the Real Estate Development Process as follows:
The real estate development process is really a very simple business. You find the
opportunity, evaluate the risks and returns, and then arrange the financing.
At that point he straightened his six foot seven frame and, looking upward, shaking his head,
he continued, “Real estate development is a very simple business,” then looking down, he
continued, “but a very difficult one!”
It takes three things to be a real estate developer. First, you’ve got to be dumb. If you
think too much about a deal or a project, you’ll just drive yourself crazy. Secondly,
you have to be able to swallow dry. When that banker looks at you across the desk and
says, “Do you want the loan or not?” your mouth and throat get real dry, so you have to
swallow hard, look him in the eye, and say, “Yes sir, I’ll take it.” Finally, and this is
really important, you need plenty of sour mash whiskey!
Summary
In this chapter, several definitions of real estate development have been proffered and
discussed. Clearly there is not a single or simple definition. For the purposes of this book, the
Real Estate Development Process will be defined as the process of adding value to the real
estate property by achieving certain tasks that require special skills and additional capital.
Persons who form and lead these teams will be called real estate developers.
Notes
1 Webster’s New Universal Unabridged Dictionary, New York: Barnes & Noble Books, 1996, p. 543.
2 James A. Graaskamp Collection of Teaching Materials. V. Industry Seminars and Speeches
Sponsored by Other Universities. 10. “Land Investment Seminar,” sponsored by R.E. Educational
Services, Inc., Columbus, OH, December 1, 1973 at the Christopher Inn.
3 Graaskamp, James A. Fundamentals of Real Estate Development. Washington, DC: ULI–The Urban
Land Institute, 1981.
3 The Real Estate Development Matrix
The Real Estate Development Matrix is created by combining the seven Stages of the Real
Estate Development Process across the horizontal axis with the eight Task categories of
development on the vertical axis, thus creating the 56-cell matrix that is shown above as the
Real Estate Development Matrix (Exhibit 3.1), which lays out a comprehensive workspace
for the real estate development activities.
Exhibit 3.2 illustrates how the Real Estate Development Matrix can be identified using
Arabic Numbers for the development Stages and Roman numerals for the development
Tasks as identifiers. For example, Cell I.1. would be the Acquisition Tasks in the Land
Banking Stage. Cell III.4. would be the Marketing Tasks in the Building Development Stage,
and so on.
stages will be discussed at length in Part II of this book, but for this introduction, the seven
Stages in the Real Estate Development Process can be summarized as follows:
In each Stage of development moving forward, the following conditions generally occur:
• Can we do what’s got to be done? Do we have the get up and go, to get up and do what’s
got to be done?
• Do we have the skills, resources, time, team, and support? Do we know our markets, our
costs, and ourselves?
• Can we handle the risk of failure? Can we recover if we’re wrong, or are we out of
business?
14 Part I
• Can we create real value? At the end of each Stage, will the value created be greater than
the costs incurred to create the value?
The completion of the Disposition Tasks may lead developers to the decision not to sell
and instead continue on to the next Stage of development. Through the Disposition Tasks,
developers become well aware of the value that they have created, as well as the Tasks that
are required for the next Stage of development. Even if developers decide to continue to the
next Stage of development and put the created economic value at risk, they must assemble a
new team of professionals to accomplish the Tasks for the next Stage and hopefully create
additional value. Sometimes this works; sometimes it doesn’t.
Summary
In this chapter, the Real Estate Development Matrix is a 56-cell, Stage/Task matrix, which
describes the entire Real Estate Development Process in seven Stages, from the Land Banking
Stage to the Redevelopment Stage. In each Stage, there are eight categories of Tasks that need
to be addressed. The main thesis of this interdisciplinary model is that there are discrete
Stages in the Real Estate Development Process where value is created. To create value in
each Stage, real estate developers must complete different Tasks using specialized skills.
The aim of this book and the Real Estate Development Matrix website is to provide
complementary tools and the knowledge to navigate the Real Estate Development Process.
4 The third dimension
In the previous chapter, the Real Estate Development Matrix was presented in a two-
dimensional space; seven Stages of development and eight groups of development Tasks.
This 56-cell matrix may seem complicated enough, but there is another dimension—a third
dimension—that is critically important. This third dimension is the type of real estate product
that is being developed, as illustrated in Exhibit 4.1. Product types can be described very
broadly, such as multi-family developments or office developments, or they can be defined
more granularly as student housing or senior housing.
The Real Estate Development Matrix emphasized that no single developer can do all
of the Stages of development, nor achieve all of the required Tasks. Along the same lines, no
single developer can be an expert in all types of real estate products. Each product type
requires special construction, marketing strategies, and political knowledge and skills.
Paraphrasing former U.S. Secretary of Defense Donald Rumsfeld, “we know what we
know, we know what we don’t know, and we don’t know what we don’t know.”1 When real
estate developers attempt to be experts in two different product types, they quickly learn
what they don’t know.
The third dimension can be visualized as a cube (see Exhibit 4.2) in which the Stages,
Tasks, and product types are all related. This Real Estate Development Cube should contain
all of the real estate development opportunities.
William Brueggeman and Jeffrey Fisher had the following list of product types:2
Single-family residential
• detached;
• cluster developments;
• zero lot line developments.
Multi-family residential
• high rise;
• low rise;
• garden apartments.
Office
• major or multi-tenant—central business district;
• single or multi-tenant—suburban;
• single tenant—build to suit;
• office/showroom;
• medical office;
• other specialized office uses.
Retail
• regional shopping centers/malls;
• neighborhood centers;
The third dimension 19
• strip mall centers;
• specialty centers;
• discount centers.
Industrial/warehouse
• heavy industrial warehouse;
• light industrial warehouse;
• office/warehouse;
• distribution warehouse;
• research and development;
• flex space.
Hotel/motel
• business/convention;
• full service;
• tourist/resort;
• limited service;
• extended stay;
• all suites.
Recreational
• country clubs;
• marinas/resorts;
• sports complexes.
Institutional
• hospitals/convalescence homes;
• university buildings;
• government buildings;
• other.
Mixed use
• Some combination of the above.
Notes
1 Defense.gov News Transcript: DoD News Briefing – Secretary Rumsfeld and Gen. Myers, United
States Department of Defense. Reports that say that something hasn’t happened are always interest-
ing to me, because as we know, there are known knowns; there are things we know we know. We
also know there are known unknowns; that is to say we know there are some things we do not know.
But there are also unknown unknowns – the ones we don’t know we don’t know. And if one looks
throughout the history of our country and other free countries, it is those in the latter category that
tend to be the difficult ones.
2 William Brueggeman and Jeffrey Fisher, Real Estate Finance and Investments, 14th Edition,
McGraw-Hill, p. 255. This list was abbreviated in their 15th Edition on p. 257.
3 http://realestatedevelopmentmatrix.com/pages/third-dimension.html
4 http://realestatedevelopmentmatrix.com/
Part II
5 Introduction to the Stages of
real estate development
Part II—Chapters 5 through 13—reviews the Real Estate Development Process as the
horizontal axis of the Real Estate Development Matrix that is shown in Exhibit 5.1. This
chapter describes the seven Stages of the Real Estate Development Process from several
perspectives. Detailed explanations of the seven Stages of development are presented in the
following chapters:
William Shakespeare described the world as a Stage and life with seven acts:
Similarly, this text presents the real estate development world in seven Stages where, “all the
men and women are merely players,” and where no one person, man or woman, can play all
of the roles in all of the Stages.
Without additional strained literary metaphors, Part II of this textbook gives an overview
of each Stage of the Real Estate Development Process using diagrams, and then the Stage is
described in terms of its key players, critical Tasks, controllable costs, and major risks.
In this chapter, the Real Estate Development Process is described holistically from the
time a property is a “green field” (Land Banking) through the various Stages until it becomes
a “brown field” and is ready to be redeveloped.
The Process is described verbally and then with a schematic diagram, a box diagram, a
Venn diagram, and a circle diagram. While each description is of the same process, each of
these Exhibits may provide the reader with a slightly different perspective or nuance.
Verbal descriptions
The seven Stages of the Real Estate Development Process are listed and defined as follows:
is then able to sell the pre-leased building at a premium to a building operator because of the
reduced leasing risk.
diagram clearly illustrates the holistic nature of the Real Estate Development Process. The
complete circle may take several decades or even longer, depending on the real estate market
conditions and the maintenance and repair of the improvements.
Summary
This chapter has described the Real Estate Development Process from several different per-
spectives. Each diagram emphasizes a different aspect of the overall development process;
however, the theme remains the same in each diagram. In each Stage of development, eco-
nomic value is created by accomplishing certain tasks that require special skills and talents.
Successful developers match their skills and talents to the Tasks that they can achieve in the
Stage of development that they understand.
Real Estate Development Matrix: Stages 29
Note
1 William Shakespeare, As You Like It, Act II Scene 4, Lines 139–166. Below is the full verse with
the real estate Stages of development inserted appropriately:
All the world’s a Stage,
And all the men and women merely players;
They have their exits and their entrances,
And one man in his time plays many parts,
His acts being seven ages. At first, the infant (LAND BANKER),
Mewling and puking in the nurse’s arms.
Then the whining schoolboy (LAND PACKAGER), with his satchel
And shining morning face, creeping like snail
Unwillingly to school. And then the lover (LAND DEVELOPER),
Sighing like furnace, with a woeful ballad
Made to his mistress’ eyebrow. Then a soldier (BUILIDNG DEVELOPER),
Full of strange oaths and bearded like the bard,
Jealous in honor, sudden and quick in quarrel,
Seeking the bubble reputation
Even in the cannon’s mouth. And then the justice (BUILDING OPERATOR),
In fair round belly with good capon lined,
With eyes severe and beard of formal cut,
Full of wise saws and modern instances;
And so he plays his part. The sixth age (BUILIDNG RENOVATOR) shifts
Into the lean and slippered pantaloon,
With spectacles on nose and pouch on side;
His youthful hose, well saved, a world too wide
For his shrunk shank, and his big manly voice,
Turning again toward childish treble, pipes
And whistles in his sound. Last scene of all (PROPERTY REDEVELOPER),
That ends this strange eventful history,
Is second childishness and mere oblivion,
Sans teeth, sans eyes, sans taste, sans everything.
6 Land Banking
INTRODUCTION
Land Banking is the first stage of the seven-stage Real Estate Development Process
(Exhibit 6.1). It is often overlooked as a way to create value in the Real Estate Development
Process, but it plays an important role in the overall process. The Land Banking Stage
occurs when the highest and best use of the site is not the current use. Also, Land Banking
may occur when the current use is expected to change in the “investible future.1” In this
sense, some farmers are also Land Bankers, and some farmers are just farmers. The Land
Bankers acquire and hold undeveloped or raw land that they believe will become attractive
for future development because of general and broad market trends. Land Bankers can
be active in the pursuit of the acquisition of opportunistic land buys. Although some land
owners—such as family estates, government agencies, or public utilities—can inadvertently
become Land Bankers. This is a relatively passive investment position. When Land Bankers
believe that the market conditions are right, they sell the land to Land Packagers.
Box diagram
As illustrated in Exhibit 6.3, Land Bankers buy land with some potential and sell land with
great potential. For example, Land Bankers may buy land on the edge of the urban area, in
anticipation of the extension of the road systems and utilities. In this scenario, the most
critical Tasks are correctly predicting the direction and timing of the population growth and
the extension of the transportation system and necessary utilities (sewer, water, electric,
and gas), and identifying land parcels that will be positively affected by these trends.
Venn diagram
Land Bankers are relatively passive participants in the development process as they wait for
the predicted positive market trends to occur. However, sometimes Land Bankers may advo-
cate for the inclusion of their land into a regional land use plan or a regional transportation
study. Land Bankers may also apply to have their land annexed into an adjacent municipality
in order to make it more attractive to Land Packagers. Land Bankers performing some Land
Packaging Tasks before selling to a Land Packager is an example of the overlapping nature
of the stages, as shown in Exhibit 6.4.
Land Bankers may also create opportunities for the Land Packagers by providing financing
in the form of purchase money mortgages.
Circle diagram
The circle diagram in Exhibit 6.5 illustrates how both the Land Bankers and property
redevelopers sell their land to Land Packagers. Land Bankers are often considered the
beginning of the Real Estate Development Process, but as the circle diagram shows, Property
Redevelopers essentially represent a new beginning for the property’s development.
Exhibit 6.4 Land Banking Venn diagram.
Option payments
If there are option payments related to the purchase contract, the timing and amount of the
option payments should be clearly defined. There should be provisions to extend the option
agreement if necessary.
Liability insurance
Liability insurance is a must for land ownership, and the policy provisions, limits, and
premium should be arranged prior to acquiring the property. If necessary, there should be a
cash reserve to make these payments.
38 Part II
Real estate taxes
Real estate taxes, sometimes called property taxes or ad valorem taxes, must be paid to
municipal authorities, school districts, and other special taxation districts. These taxes need
to be promptly paid and closely monitored. Whenever possible, the discounts for early
payments should be taken. Often, taxing authorities attempt to increase tax revenues by
aggressively increasing the property’s assessed value. These re-assessments should be
challenged and appealed. However, Land Bankers may view the increased assessments as
verification of the increasing market value of the property, and use the new, higher assessment
to market the property.
Force majeure
Terrorist attacks, wind, fire, rain, earthquakes, and other acts of God, diminish the attractive-
ness of the property. If it’s not one thing, it’s another! Even if insurance proceeds and
government loans are available, the delayed recovery may never increase land values as
expected.
of two interstate highways—I-270 and I-370—and is in the health and science corridor along
I-270 in Montgomery County. As you can see in Exhibit 6.9, urban development is trending
outward and upward and Crown Farm is among that wave of urban sprawl. The fields in the
middle of Exhibit 6.9 are the Crown Farm site and, as you can see, the farm is now surrounded
on all sides by dense residential developments and research parks. Strong demographics
and the demand for density made Crown Farm the hole in the donut for development
opportunity. The Land Bankers (the Crown family) decided to capitalize on the market shift
and began to market the site for sale to a Land Packager.
Consequently, the property was marketed and the Crown family negotiated a purchase and
sale agreement with a partnership composed of two major home builders: KB Homes
and Centex (the Partnership), for over $180 million. However, the closing was contingent
upon the Crown Farm site being annexed into the City of Gaithersburg. In other words, the
Partnership would not have full control of the property until the annexation was approved.
The Partnership began entitling the property for redevelopment and pursued the annex-
ation. The Partnership was successful in their efforts and the annexation and closing
occurred in 2006. By delaying closing until several entitlement hurdles were met, this is an
example of how the Land Banker can facilitate a sale to a Land Packager by sharing part of
the entitlement risk.
To put this in terms of the Development Matrix, the Land Banker (the Crown family) sold
their family farm to a Land Packager (the Partnership) by sharing entitlement risk. The Land
Banker would not receive the proceeds from the sale until the Land Packager could meet
certain approvals, thereby mitigating the Land Packager’s risk by not paying the total cost of
the land unless their development plans were approved.
42 Part II
Armed Forces Retirement Home: a government facility scenario @REDM8
The Armed Forces Retirement Home (AFRH) is an example of a federal government
sponsored facility with excess land available for redevelopment, and the opportunity to
collect additional revenue from that sale. This example is one account of the decision-making
process for a Land Banker to move the property from the Land Banking stage into the Land
Packaging Stage. The Armed Forces retirement home is a federal government sponsored
senior housing facility for 1,100 service veterans, which sits on 272 acres in Washington,
DC. In Exhibit 6.10, the white border shows the total site of the 272-acre campus and the
shaded area shows the excess land that is proposed for development by the private sector.
A brief history
In 1851, General Winfield Scott received a bounty from Mexico City during the Mexican-
American War. Returning to Washington with the bounty, Scott worked with US Representative
Jefferson Davis to convince Congress to use the bounty to purchase the Riggs family farm as
a retirement home for old soldiers.
The site has served as the Presidential retreat of Chester Arthur, Rutherford B. Hayes,
James Buchanan, and most prominently Abraham Lincoln. “Anderson Cottage” was built
by the U.S. Army and was nominally leased to the President of the United States to use as a
summer retreat. The cottage was recently (2000) restored as a national monument and
renamed the “Lincoln Cottage.”
The Land Banker, K-Corp, is now looking for a Land Packager and has contacted local
public officials about including this land in the comprehensive land use study that will
include the four other municipalities.
Summary
While there are numerous ways to become a Land Banker, they are relatively passive as they
wait for general market conditions to improve, or for certain public infrastructures to be
completed; both of which will increase the value of the property. Land Bankers need a keen
understanding of the positive effects on their property of future market forces, and their
biggest risk is paying the holding costs during the indeterminate waiting period, especially
when the market forces are delayed. Land Bankers often facilitate the sale of their property
to Land Packagers by providing financing or by agreeing to favorable terms of sale.
Notes
1 The term “investible future” is determined by the investment horizon of the Land Banker. This term
may be simply a period of time, say ten years, or an indefinite time period like the “next generation.”
2 Net Holding Costs refer to the annual out-of-pocket costs incurred that are not offset by the income
from interim land uses such as hunting leases, parking income, or agricultural income.
3 Assemblage is “The combining of two or more parcels, usually but not necessarily contiguous,
into one ownership or use; the process that creates plottage value.” The Appraisal of Real Estate.
Chicago, IL:Appraisal Institute, 2008, p. 213.
4 Cumulative returns increase at a specified compound rate each year if they are not paid currently.
This cumulative return rate is similar to compound interest on accruing loans.
5 Plottage value is “The increment of value created when two or more sites are combined to produce
greater utility.” The Appraisal of Real Estate. Chicago, IL: Appraisal Institute, 2008, p. 213.
6 http://realestatedevelopmentmatrix.com/textbook/res/task1/stage1/Crown+Farm.pdf
7 www.gaithersburghistory.com/crown-farm.html
8 http://realestatedevelopmentmatrix.com/textbook/res/task1/stage1/Armed+Forces+Retirement+
Home.pdf
9 http://realestatedevelopmentmatrix.com/textbook/res/task1/stage1/Duke+Energy.pdf
10 Electric utility companies are regulated by state commissions, who set the rates that utilities can
charge to customers by determining a rate that provides the utility with a minimum return on the
assets that it uses to generate the electricity, “the rate making base.” When the “mountain land” was
eliminated from the rate making base, Duke Energy could no longer earn a return on this land. Thus,
Duke decided to dispose of this excess land by trading it for more commercially developable land.
11 http://realestatedevelopmentmatrix.com/textbook/res/task1/stage1/Vanderbilt+University+and+Pe
abody+College.pdf
12 http://realestatedevelopmentmatrix.com/textbook/res/task1/stage1/Kiwanis+Trail.pdf
7 Land Packaging
INTRODUCTION
Land Packaging is the second stage of the seven-Stage Real Estate Development Process
(see Exhibit 7.1). Land Packaging involves obtaining the major public approvals like zoning,
master plans, and environmental impact studies, along with market studies, engineering
analyses, financial proposals, surveys and title insurance that make the property a compelling
opportunity for Land Developers. While these paper enhancements are routinely done by
developers, they are often not considered a separate Stage of development. However, this
Stage has unique Tasks that require specialized skills that are very different from the skill-
sets associated with Land Bankers, Property Redevelopers, and Land Developers.
Schematic diagram
Land Packagers can acquire sites from Land Bankers, as well as from Property Redevelopers.
Land Packaging is the process of taking an acquired property or parcels from Land Bankers
or Property Redevelopers and proceeding through the necessary planning and approval
processes to create an opportunity for land development. This often includes municipal
annexation, zoning changes or modifications, and the creation of a conceptual master plan.
Land Packagers acquire the attractive “green fields” from Land Banker or “brown fields”
from Property Redevelopers and then obtain the appropriate “paper enhancements” (like
title insurance, accurate surveys, or environmental studies) or paper infrastructure. Land
Packagers then sell the enhanced property to the Land Developer as illustrated in
Exhibit 7.2. Of course, Land Packagers can continue on and assume the role of Land
Developer, but they must realize that the skills of successful Land Packagers are very
different from the requisite skills of successful Land Developers. Examples of Land
Packagers are land planning firms, politically skilled lawyers, and governmental agencies
who attempt to obtain government approvals for land they own. This packaged land or “land
with a plan,” is then sold to Land Developers.
Box diagram
The box diagram in Exhibit 7.3 demonstrates the adage that at every stage of development,
“the developer acquires one thing, adds value, and sells another.” In this case, Land Packagers
Land Packaging 49
acquire land with great potential from the Land Bankers or Property Redevelopers, and sell
“land with an approved plan” to Land Developers.
Venn diagram
The Venn diagram in Exhibit 7.4 demonstrates that the stages of the Real Estate Development
Process are not as neatly separated as the schematic diagram and the box diagram suggest.
Land Packaging may overlap with Land Banking or Property Redevelopment as Land
Packagers attempt to encourage a municipal annexation, modified zoning provisions, or a
new master plan, even though the Land Packager has not taken title to the property.
When adverse environmental conditions are discovered or exposed during the packaging
process, Land Packagers may need to remediate the environmental problems before Land
Developers take over the development process. Since environmental remediation is not a
neatly defined process, Land Developers usually avoid these situations.
Circle diagram
The circle diagram in Exhibit 7.5 demonstrates how the development process moves
from Land Banking to Land Packaging, as well as from Property Redevelopment to Land
Federal authorities
Federal agencies have an incredible amount of control over local land uses. Probably the
most notorious are the U.S. Environmental Protection Agency and the Army Corps of
Engineers. The Clean Water Act gave them control over “the waters of the United States,”
and the definition of this term has caused numerous lawsuits and court rulings. The U.S.
Department of Transportation must approve any land development that impacts the Interstate
Highway System of Federal Highways. Also, the U.S. Department of Interior, through the
52 Part II
National Parks Service, must approve any land use that impacts federal parks, monuments,
trails, or wildlife sanctuaries. The Department of Interior, through the Bureau of Indian
Affairs, controls development on and around the tribal lands of Native Americans. The
National Environmental Policy Act also requires an Environment Impact Study for land
development projects that use federal funds, and the Davis Bacon Act requires the payment
of “prevailing wages” (union wages) on any project that uses federal funds. The National
Historic Preservation Act also gives the Federal Government control of historic sites and
buildings through the National Register of Historic Places and the Section 106 review
process. The U.S. Department of Defense and the Department of Homeland Security may
control local land uses, as well as the other federal departments and agencies. Of course, the
Internal Revenue Service controls how the proposed improvements will be treated for federal
income tax purposes. Land Packagers must identify these regulations or restrictions and
determine whether only notification is required, or if actual approvals or permits are needed.
The notification and approval processes are technical and time consuming.
State authorities
States usually have agencies that support the federal agencies, and these agencies enforce
federal regulations and restrictions, as well as state regulations and restrictions of land use. For
example, the State Department of Environmental Protection will enforce federal regulations,
as well as state regulations; the State Historic Preservation Office will also enforce both the
federal and state regulations; the State Department of Highways will focus on state highways
and transportation systems; and the state Department of Natural Resources will also have
authority if land uses impact state parks or recreation areas. Similarly, the state’s Fish and
Game Commission has authority if the local wildlife is affected. Again, Land Packagers must
determine which agencies and authorities need to approve the proposed land use changes.
• Regional water authorities can determine how drinking water is distributed and used
over several municipalities.
• Regional sanitation sewer authorities can determine the availability and costs of
sanitation sewer services over several municipalities.
• Regional transit authorities determine how the commuter trains and buses are operated,
and how the transit systems are maintained and expanded over several states and
municipalities.
• Regional airport authorities also regulate and maintain airports that impact land uses in
several municipalities and states.
• Regional master plans are designed and enforced by a regional planning commission or
a regional council of governments.
• County governments also may restrict and regulate land use in their unincorporated
areas, as well as townships, boroughs, and cities within the county.
Land Packagers must understand the role and functions of these regional authorities in order
to determine the appropriate strategies they can use to gain their support for the proposed
land uses.
Land Packaging 53
Local authorities
Local municipalities control land use through their planning commissions and zoning
boards, which usually have well-defined procedures for applying for changes to the existing
land use regulations. These procedures often include a review of the proposed changes
by various municipal departments, such as public works, fire and police, parks and recrea-
tion, and transportation, as well as established neighborhood associations. Land Packagers
must understand that while, “You can’t fight City Hall; City Hall won’t fight neighborhood
associations.”
Annexations to increase the size of a municipality are initiated by the municipality, are
governed by state laws, and are subject to state approvals.
Neighborhood activists
Neighborhood activists often operate outside the defined regulatory land use approval process,
but their support is critical for land use changes. Activists usually have a special issue that
they are advocating, such as affordable housing, sustainable development, or improved
recreational opportunities. Therefore, proposed land uses need to be respectfully discussed
with them even though their issue may be, “no growth, no change,” or Not On Planet Earth
(NOPE).
Former politicians
Former or retired politicians may be especially helpful in lobbying for government approvals
or providing insight into the local planning process. They know how the system works and
who works it.
Land owners/sellers
The entity or person selling the land must be motivated to sell at an attractive price and with
terms that are agreeable to the Land Packager. The sellers may agree to make the sale’s
closing contingent upon receiving certain approvals, or they may be willing to provide some
sort of seller financing. Their support may also be invaluable in obtaining approvals. Property
Redevelopers are often government agencies who are willing to help in the approval pro-
cesses. The agencies may also have access to grants or low-interest loans that the Land
Packager can access.
Land planners
Land planners create and design a conceptual master plan that shows proposed land uses.
This plan must represent the Land Packagers’ vision for the property and be flexible, too.
Land planners must prepare maps, pictures, and layouts that help the Land Packagers tell the
story of the proposed land use changes.
1 Changing market conditions and mixed-use complications: The original plan specified
vertically mixed uses whereas multiple-use plans were more efficient and more accept-
able to end users in the market.
2 Multi-builder program and product segmentation: The original plan anticipated KB
Homes and Centex building everything. No outside building developers were consid-
ered, so only KB Homes and Centex products were considered. Utilizing other builders
and products could provide greater specialized expertise and increased variety of
marketable products to adjust to changing market trends.
3 County right-of-way taking: During the KB/Centex ownership and bankruptcy proceed-
ings, Montgomery County re-routed a major highway which would cause a substantial
reduction in the size of the main entrance to Crown Farm. Consequently, the entrance
would need to be re-designed and re-engineered.
4 Design inefficiencies of infrastructure and usable density: The original infrastructure
design used more private and public roads than were necessary to access the building
pads, which unnecessarily increased the cost. Also, the original residential density was
concentrated in one 20-storey tower, which reduced the variety of possible residential
offerings.
5 Preservation of storm water approvals: During the original approval process, the State
of Maryland revised its storm water regulations. Compliance with these new regulations
would ruin the anticipated land plan revision, so Sunbrook vested the approvals under
the previous requirements.
The Repackaging process for Sunbrook was the same as the original approval process, so
Sunbrook faced a very daunting challenge. Briefly, the following steps and approvals were
required before Land Development could begin:
• Wider range of uses which expanded the types of residential units permitted.
• Consolidation of the neighborhood amenities that allowed for the creation of a
community indoor/outdoor recreational center.
• Relocation of major open spaces to create a town square for better place making.
• Broader range of heights that allowed for buildings of varied heights and lower skyline.
• Commercial core and transit-oriented development that improved infrastructure
efficiencies and accommodated a dedicated transit way.
• Redesigned infrastructure plan that reduced the number of streets and created alleyways.
• Increase in usable density but overall density remained the same by eliminating a
20-storey multi-family tower, thereby allowing four, five-storey buildings.
• Flexibility to reallocate density that allowed for better responsiveness to market
conditions (e.g. two-over-two townhouses, rather than traditional townhouse units).
Repackaging must address the municipality’s pre-conceived idea of what the eventual
development will be. Crown Farm demonstrates the complexities of Land Packaging that are
caused by changing market conditions and inefficient and over-specified master plans. Land
Packaging can be a very long process covering multiple real estate cycles. The Land Packager
must be able to remain flexible in the plan and adjust to the ever-changing market conditions.
This is one example where multiple Land Packagers were required to successfully entitle the
property to move into the Land Development stage. The Crown Farm case is not unique;
master plans are often re-packaged to correct initial design issues or to meet new demands
of the Land and Building Developers and Building Operators.
Crescent Resources quickly learned that both the District of Columbia and the United States
of America claimed authority over the development of the site.
The Federal Government said that it had “total control” of the site’s approval process
because it owned the site, which it purchased from the Riggs family over 100 years ago. The
District of Columbia claimed that it had “total control” of the site because the proposed
development was for use by private citizens and not the U.S. Government. Both the Federal
Government and the District of Columbia had very lengthy and complicated approval
processes.
For example, the Federal Government required input and approvals from the following
stakeholders before a building permit could be issued:
Finally, the United States Congress, the House of Representatives and Senate, would vote on
the project.
Similarly, the District of Columbia required input and approvals from the following “local
stakeholders” before final development approval would be granted:
Clearly, there were a colossal number of stakeholders involved in the packaging process of
the Armed Forces Retirement Home. Each stakeholder’s input and satisfaction was critical
in order to achieve the necessary approvals. On August 2, 2007, Crescent Resources was
able to negotiate a Memorandum of Understanding (MOU) between the District and Federal
Government that provided that the two governments and their agencies would cooperate so
that the final development plan would be acceptable to the District’s Office of Planning and
the Federal Government’s National Capitol Planning Commission.9
As shown in Exhibits 7.11 and 7.12, the original master plan was systematically modified
throughout the packaging process to gain the approval of all of the various stakeholders. The
uses and density stayed the same, but the roads and lot configurations were modified.
The most significant accomplishments for the master plan approval were the following:
Exhibit 7.14 Summary of the master plan of the Alexandria portion of Potomac Yard.
70 Part II
The Alexandria Potomac Yard was divided into land bays, each with specific land uses
and densities, as shown in Exhibit 7.15. Detailed descriptions and specifications for
each land bay were in the Urban Design Guidelines that were approved with the zoning
ordinance.
The Alexandria portion of the Potomac Yard included four challenging areas, that are
shown on Exhibit 7.16.
First, the Central Operations Facilities and Refueling area was so heavily contaminated
with diesel fuel that a major remediation effort was undertaken to remove all of the contami-
nated soil from the site. Second, the Monroe Avenue bridge, a four-lane, dog-leg structure
carrying US Route 1 and crossing over CSX rail tracks and the WMATA metro lines, needed
to be repaired and expanded or replaced with a new, straightened bridge. Third, interim uses
on this area included a GSA warehouse, a rental car facility, and some temporary soccer
fields, which needed to be relocated. Fourth, the biggest hurdle was the construction of a
two-mile trunk sewer line from Potomac Yard through Old Town Alexandria to the water
treatment plant. This sewer would have a capacity of 12 million gallons per day that would
be allocated as follows.
The final site plan would not be approved until the required trunk sewer line was complete.
Land Packaging 71
Similar to the Alexandria portion, the Arlington portion of Potomac Yard was divided into
land bays, each with specific land uses and densities, as shown in Exhibit 7.18. Also, detailed
descriptions and specifications for each land bay were in the Urban Design Guidelines that
were approved with the zoning ordinance.
The North Tract, as shown in Exhibit 7.19, is a 40-acre tract of ground, separated from the
South Tract by Crystal City, a ten million square foot office development constructed in
the 1970s by the Charles E. Smith Company. The North Tract was part of the early rail yard,
but for the last 75 years, it has been used for outside storage and industrial activities, causing
a serious land contamination issue. The railroad tracks were removed as part of the decom-
missioning, but several one-storey industrial buildings were left intact and rented for interim
income. This valuable piece of ground was bordered by the Potomac River, the Interstate
Highway 395, the Pentagon, and Crystal City. The Washington Monument can be seen in the
background. Arlington County planned to convert this area to recreational park area when it
obtained the free and clear ownership.
Arlington’s precondition for development that the North Tract be transferred to Arlington
County free of all encumbrances, included the National Environmental Policy Act (NEPA)
litigation that was initiated by the Charles E. Smith Company. This lawsuit was baseless, but
it could delay the development of Potomac Yard. Delaying the development of Potomac
Yard office projects was critically important to the Charles E. Smith Company, who had just
lost three million ft2 of US Government tenants, who had moved their offices to Alexandria
Land Packaging 73
and Washington, DC. The vacancy rate at Crystal City was 30%. The Smith Company hoped
to delay Potomac Yard so it had more time to re-lease its vacant space before getting new
competition.
This is a great example of the importance of community stakeholders in the real estate
packaging process. By convincing Arlington to include the “free and clear” language, the
Smith Company was able to postpone and delay the transfer of North Tract Development
Rights to the South Tract and thereby restrict future competition; at least temporarily.
This lawsuit was eventually dropped, and Crescent Resources (Land Developer) trans-
ferred the North Tract (free and clear) and consequently had the development rights
transferred to the South Tract.
Summary
The Land Packaging stage of the Real Estate Development Process interacts directly with
three other stages of development—Land Banking, Property Redevelopment, and Land
Development—and indirectly and dramatically affects the other three stages of develop-
ment. Land Packagers should be the visionaries that can see a development plan before it
exists. Land Packagers should also be skilled political operatives who understand the
approval and permitting process, and they also should be brilliant market forecasters.
Often, Land Packaging is overlooked as a separate Stage of development, but it has the
greatest chance of creating incredible increases in the financial value of the property.
Unfortunately, Land Packaging also has the greatest risk of failure. This is a very challenging
Stage of development and requires an experienced, skilled, and multidisciplinary team.
The case studies demonstrate some the significant risks of the Land Packaging Stage.
Crown Farm shows how the Land Packager can lose the property when the market dramati-
cally changes, while the Armed Forces Retirement Home shows how various levels of
governments can claim control over the property. It also shows how the Land Packager
can lose control of the property by not having secure contractual agreements. Potomac Yard
illustrates the Land Packaging challenges that occur when the property lies in two separate
political jurisdictions. Finally, the Cabin Mountain Land case demonstrates a Land Packager’s
attempt to control a property throughout the permitting and approval process through a series
of closings.
Land Packaging 75
Notes
1 Murphy’s Law is an old adage that is usually stated, “Anything that can go wrong, will go wrong.”
2 ALTA Surveys are the Cadillac of boundary surveys. They are more accurate, more detailed,
and extensive than ordinary boundary surveys. A more complete discussion of Alta Surveys can
be found at: http://info.courthousedirect.com/blog/bid/323492/what-s-the-difference-between-an-
alta-acsm-land-title-survey-and-a-boundary-survey
3 http://realestatedevelopmentmatrix.com/textbook/res/South+Tryon+Assemblage+I.pdf
4 http://www.gaithersburghistory.com/crown-farm.html
5 http://realestatedevelopmentmatrix.com/textbook/res/task1/stage2/Armed+Forces+Retirement+
Home.pdf
6 To respond to the RFQ, potential developers had to assemble a team, determine a strategy to
“protect, preserve, and enhance” the unique AFRH assets, submit a vision for the site, and explain
how the development would generate revenue to assist the AFRH to care for current and future
residents.
7 http://realestatedevelopmentmatrix.com/textbook/res/AFRH+press+release+June+14+06.pdf The
RFP required potential developers to prepare a more detailed development plan that included
the framework infrastructure, a sustainable development that would meet the USGBC LEED-ND
Pilot Program, and a financial offer.
8 http://realestatedevelopmentmatrix.com/textbook/res/afrh_press_release_03.26.07.pdf
9 http://realestatedevelopmentmatrix.com/textbook/res/afrh_mou_dc_and_usa.pdf
10 A Brief History of Potomac Yard:
1905: Richmond Fredericksburg and Potomac Railroad (RF&P) opens tracks and station
1906–1980: RF&P Rail switching yard
1975: Four Mile Run Flood Control Channel completed by US Army Corps of Engineers
1987: Site identified as toxic waste site because of diesel fuel contamination in Central
Operations area
1989: Rail yard decommissioned by CSX
1995: Redskins Stadium proposal denied, retail shopping center approved in center of site
1996: Big box shopping center constructed
1996: Acquired by Lazard Freres (now Lazard Ltd)
1999: Alexandria Coordinated Development District (CDD) Approved
2000: Completed soil remediation project in Central Operating Area
2000: Arlington Phased Development Site Plan (PDSP) Approved
March 22, 2001: Acquired by Crescent Resources, LLC
11 http://realestatedevelopmentmatrix.com/textbook/res/9-4-07Letter_IntentCabin+Mountainclean.pdf
8 Land Development
INTRODUCTION
Land Development is the third stage of the seven-Stage Real Estate Development Process
(see Exhibit 8.1). The general public considers this Stage of development as “real develop-
ment” since it requires the construction of the “horizontal infrastructure,” which includes
the roads, storm sewers, sanitary sewers, utility lines, and so forth. Land development also
includes common area improvements such as water retention ponds, parks, and other recrea-
tional areas. These observable activities give the neighbors and community a sense that
something is really happening on the property. This can be good or bad, depending on the
developer’s relationship with the many stakeholders in the project.
The Land Development Stage is unique in the Real Estate Development Process because
Land Developers usually sell their finished lots to several Building Developers, rather than
a single buyer.
Schematic diagram
Land Developers acquire the property from Land Packagers (see Exhibit 8.2), construct the
horizontal infrastructure, and then sell the finished lots or building pads to one or more
Building Developers. Of course, Land Developers may decide to continue on to the next
phase of development and do the “vertical construction” or Building Development.
Hopefully, Land Developers know that Building Development requires sets of skills, risks,
and Tasks that are very different from Land Development.
Box diagram
The box diagram in Exhibit 8.3 graphically illustrates the old adage: “The developer always
buys one thing and sells another.” In this case, Land Developers acquire land with proper
zoning for the proposed uses, a concept master plan, some necessary approvals, and some
feasibility studies already performed. Land Developers then construct the infrastructure
improvements to the site to create the economic opportunities for Building Developers.
78 Part II
Land Developers sell building-ready (or shovel-ready) pads, sites, lots, or land bays to one
or more Building Developers.
What does “building ready” or “shovel ready” mean? These terms usually mean that
the building pad or sites have proper zoning, approvals, and construction permits for the
proposed building, as well as direct access to basic utilities such as water, sewers, and power;
that is, the utility lines are constructed to the edge of the site pad. The building sites also
have access to the roads that connect the sites to the major off-site public roads. The exact
definition of “building-ready” is flexible and may change depending on the contractual terms
and conditions agreed upon by the Land Developers and the Building Developers.
Venn diagram
The Venn Diagram (Exhibit 8.4) shows that the Stages of development are not clearly
defined, so that the Land Development activities may include Tasks usually undertaken by
Circle diagram
The circle diagram (Exhibit 8.5) shows how Land Developers relate to Land Packagers and
Building Developers in the larger circle of the Real Estate Development Process.
The U.S. Environmental Protection Agency and the Army Corps of Engineers
The U.S. Environmental Protection Agency and its designee the Army Corps of Engineers
have jurisdiction over the “Waters of the United States,” which are commonly referred to as
wetlands. Successful Land Developers must comply with all of these regulations and obtain
the necessary approvals before beginning construction. These regulations are always being
modified, usually because of federal court decisions, so compliance may be difficult. Most
importantly, Land Developers don’t want to fight with these agencies because of the lengthy
delays that are involved.
Neighborhood activists
Every time land is developed, neighborhood anxiety increases because of the uncertain
long-term effects and consequences of the development. Successful Land Developers manage
the community’s expectations, both positive and negative. A neighborhood outreach strategy
includes meetings, printed information, websites, and news articles about the land develop-
ment activities, as well as the eventual use and operation of the property. The Land Development
Stage is probably the most publicly controversial part of the Real Estate Development Process
because in the eyes of the stakeholders, “Something is really happening!”
General contractors
The general contractor and major subcontractors are needed to build the horizontal infra-
structure improvements on time and on budget. The contractor agreement needs to provide
for unexpected soil conditions, weather delays, and changes mandated by permitting author-
ities during construction. An inspection protocol must be established before, during, and
after construction.
Construction lenders
The construction lenders provide funds for certain improvements as they are built and
inspected. The construction loan is usually for a short period of time (24 to 48 months)
and with a variable interest rate that accrues during the loan period. Land Developers must
submit monthly draw requests to the construction lenders that are accurate and well docu-
mented. A good working relationship with the construction lender is imperative for success.
A critical part of the construction loan agreement is the provision to release the individual
building lots as collateral for the mortgage agreement. Thus, the Land Developers can sell
the unencumbered lots to Building Developers.
Land Development 83
Building Developers (buyers)
The Land Developer’s best friends are the Building Developers who will purchase the
finished building lots. Typically, the Land Developers and Building Developers have a
history of working together, so the details of the post-closing land developments can be
reasonably negotiated. Land Developers are successful when they manage to create profitable
opportunities for Building Developers. Because there may be several Building Developers
in a land development project, it is critical that Land Developers establish guidelines and
agreements that foster cooperation among the Building Developers, rather than cut-throat
competition.
To avoid ruinous competition, Building Developers who are successful bidders may want
the Land Developers to give post-closing guarantees that additional lots sales will be delayed
for a period of time until a certain level of leasing has been achieved by the Building
Developers. They may also ask for a first right of refusal, or the first right of offer, when
additional lots are brought to the market.
Acquisition costs
Land Developers must determine the maximum price they can pay for the acquisition of the
“land with a plan” and negotiate a price and terms within that maximum price objective.
Over-paying for land puts Land Developers in a hole that is difficult to dig out of!
Large land acquisitions may need cooperation from the seller so that the land can be
purchased in stages over time. A successful first phase of land development will increase the
value of subsequent phases so that Land Developers are in a position to acquire the more
valuable future phases at attractive prices.
Construction costs
Land Developers need an accurate construction budget and must negotiate contracts with
the various contractors/subcontractors within that budget. Because of the uncertainty of the
Land Development 85
actual soil conditions encountered and weather conditions experienced, contingency reserves9
should be established in the budget. The construction costs will determine the amount and
timing of the expenditures, as well as the amount of the required construction loan draws
and the accrued interest.
Marketing expenses
Marketing expenses include the advertising and promotion of the project in order to sell
finished lots to Building Developers, as well as to build support for the project within the
community. Sales commissions for outside real estate brokers, as well the in-house sales
staff must also be included in this budget.
Holding costs
Holding costs include real estate taxes, insurance premiums, and office overheads. Operating
costs and income from interim land uses should also be included in these costs.
Construction financing
Construction loans usually have variable interest rates with the interest accruing during the
loan term. Construction lenders may also charge front-end fees or “points” to Land Developers,
which raise the cost of the borrowed capital. Construction loans work on a “draw” system that
requires the Land Developers to prove that work is being done according to the plans and
specification before the requested funds are disbursed by the lender. Accordingly, Land
Developers must provide documented proof of inspections that confirm the correct construc-
tion. This is a little tricky if the improvements are underground or beneath road beds.
Understanding and complying with the draw system will reduce the time needed to obtain the
construction funds.
Cost over-runs
The major risk of cost over-runs is that the budgeted funds are not sufficient to cover unfore-
seen costs due to changes in the price of materials or labor. Higher costs will lead to lower
returns. Land Developers would like to put the risk of higher costs on the contractor’s
shoulders, but in return the contractors will charge a higher price for taking those risks. For
example, if the construction does not begin for 12 months, the price of building materials
may change dramatically, which in turn would dramatically affect the agreed upon develop-
ment budget and contracts. Land Developers and contractors could agree upon a price index
to adjust the pricing of the project.
was not feasible for several design and market conditions, so Sunbrook had to “re-package”
the property by revising both the annexation agreement and the master plan with the City of
Gaithersburg. The revised overall master plan is shown below in Exhibit 8.8 and Phase I of
the revised master plan with illustrations is shown in Exhibit 8.9.
As the Land Developer, Sunbrook’s goal was to construct the horizontal improvements, or
infrastructure, and then to sell the finished building sites to Building Developers. While the
overall infrastructure budget was $90 million, $50 million was allocated to the construction
of the Phase I improvements which included:
• major roads;
• retaining walls;
• storm water management ponds;
• wet utilities (water, storm water, and sanitary sewer lines);
• dry utilities (gas, electric, telecommunications lines).
Phasing strategy
As you can see in Exhibit 8.11, the developable area was divided into three phases. Each
phase would bring additional building sites and uses to the market as the infrastructure was
expanded. Proper phasing for any Land Development Stage is critical for market absorption
of the finished lots and managing the capital financing needs of the improvements.
Exhibit 8.12 shows the major public roadways that the Land Developers constructed to
provide initial access to the land bays so that they could be sold to the Building Developers;
additional smaller roads were also added.
During Phase I construction, Sunbrook was able to sell all of the Phase I building pads to
various Building Developers who specialized in each product type. The retail pads (260,000 ft2)
were sold to JBGR, a retail Building Developer; the multi-family pads (537 units) were
sold to Bozzuto, a large local apartment builder; and the single family residential lots
were sold to numerous home builders including Ryland, Pulte, KB Homes, M.I. Homes, and
90 Part II
Wormald Homes. The purchase and sale agreements for all buyers included an “all-at-once”
provision that required the Building Developers to construct all of the vertical improve-
ments immediately, rather than to construct them in multiple phases or at independent
times. The purpose of these provisions was to immediately create a sense of place for the
new community and establish “Downtown Crown,” which would be the nexus of the mixed-
use development and serve as the main amenity and incentive for future home builders
on Phases II and III. The sale of the Phase I lots created the market demand for the continu-
ation of Phases II and III and provided the capital for the additional land development in
those areas.
Sunbrook completed the Phase I infrastructure improvements of the Land Development
Stage in 2014, on time and on budget! Phase II and III infrastructure construction began in
2015. In summary, Sunbrook acquired Crown Farm for $77 million. The total expected land
sales were $300 million and the expected development costs were $90 million. The potential
land sale value demonstrates the potential value created in the Land Development Stage by
constructing infrastructure improvements and creating prepared land bays for Building
Developers.
Land Development 91
the south. Consequently, the Land Development Stage is controlled by two master plan
ordinances: Arlington’s Phased Development Site Plan (PDSP) and Alexandria’s Coordinate
Development District (CDD). Both ordinances had accompanying Urban Design Guidelines,
which provided detailed description and specifications of the allowable improvements.
limitation and condition of the existing sewer system. In order to solve the existing problems,
as well as to accommodate the future development of Potomac Yard in Alexandria, the trunk
sewer construction became a required first step. Alexandria decided to add another 50% of
capacity to the required sewer capacity just to be safe, as well as exploit the opportunity
of having a private developer do (and pay for) something the City was unable to do.
The CDD conditions also provided for a trenchless installation technology to be used to
dig the sewer line, rather than traditional “open cut” construction methods. The trenchless
installation technology had never been used in an urban area.
The trunk sewer design began June 2001, and in March 2002, permits were issued by the
City of Alexandria, Virginia Department of Health, CSX Transportation, WMATA (Metro),
and Alexandria Sanitation Authority (ASA) in March 2002. The trunk sewer was completed
in June 2003, but the City of Alexandria did not issue a certificate of acceptance until
March 2004.12
Crescent began its trunk sewer effort by completing a feasibility study that reviewed factors
such as geology, groundwater levels, existing utility interference, topography, community
impact, and constructability. It was based on these factors, that the proposed alignment was
selected. Because of the geology and high groundwater levels, an earth-pressure balanced
technique was chosen. This technique maintains a constant pressure by slurry injection to
counteract the earth and water pressures.
Coinciding with the feasibility activities, Crescent implemented an aggressive community
outreach program, which included informational meetings, mailings, web-based updates, a
toll-free hotline to register complaints, and a student mural project. The community outreach
efforts included meetings with over 30 impacted neighborhood associations and 11 business/
civic groups. The result of the extensive community outreach efforts was widespread support
and acceptance of the project.
At the time the Potomac Yard Trunk Sewer Project was constructed, it was the longest
micro-tunnel project in an urban setting.
94 Part II
The first phase of the project included the installation of the vertical shafts, ranging
between 30–50 feet deep.13 The six-month shaft installation effort included many bouts
with existing unknown utilities, potential archaeological sites, and overhead utility lines.
Exhibits 8.14, 8.15 and 8.16 show the installation of the vertical shafts into pre-drilled
holes. The larger shafts in Exhibit 8.15 contained the drilling rigs, and the smaller shafts in
Exhibit 8.16 received the drilled pipes.14
The second critical phase of construction was the installation of the pipe by micro-tunnel.
In order to maintain an aggressive schedule, two—and eventually three—separate tunnel
crews were employed at various locations along the alignment. During the entire process, all
installations were monitored by surveying crews to ensure that no detrimental settling was
experienced.
The completion of the trunk sewer project enabled the sale of Land Bays A and C (Potomac
Greens and Potomac Plaza) to a local townhouse/apartment development partnership, Eakin
Youngentob Associates and Elm Street Development.15
The remaining parcels of the Alexandria Portion of Potomac Yard were sold without any
further on-site infrastructure improvements to a partnership of Pulte Homes and Centex
Homes, two national real estate homebuilding companies who had limited experience in
urban land development.
In summary, the $12 million trunk sewer project enabled Crescent Resources to sell over
$133 million of land bays in Alexandria. This is a good example of a private Land Developer
constructing a major off-site infrastructure improvement as part of the Land Development
Stage and creating valuable building sites.
It also demonstrates the public nature of real estate development and the importance
of Land Developers working to seek community stakeholder support. Literally hundreds of
thousands of citizens were inconvenienced by this project and did not receive any direct
benefits.
June 2003, with mass grading operations and installation of the deep utilities. It was completed
to base pavement on the roads by September 2005.
As a former river bed, a flood control project, and railroad switching yard, the geotechnical
conditions were most challenging. Tidal flows from the adjacent Four Mile Run stream
dictated work times for the installation of storm sewers.
Many creative geotechnical solutions were implemented to reinforce road subgrades. The
actual construction was monitored and subjected to performance milestones in multiple
development and completion agreements.
The Arlington infrastructure budget was $20 million for the construction of the following
projects:
• 5,000 linear feet of public roads with associated utilities and traffic signals;
• 1,500 linear feet of private roads with wet and dry utilities;
• a sanitary sewer pump station located on Arlington County property with one million
gallons per day capacity. (The pump station included 50% excess capacity for use by
Arlington County.)
In 2003, Crescent elected to market the various land bays as finished (or to be finished)
sites to Building Developers and thus planned to construct the entire infrastructure plan.
A contributing factor to this decision was the overall mass earthwork and soil management
plan.
Ultimate development plans would generate nearly 1.2 million cubic yards of excess
dirt from Arlington, but the Alexandria development would need nearly 650,000 cubic yards
of import to balance. Also, approximately 40,000 tons of contaminated cinder ballast
(discovered on the site after closing) had to be handled as special waste. The Virginia
Waste Disposal Regulations made disposal of the material off-site extremely difficult and
very costly.
Land Development 97
Crescent’s approach to address these soil issues was twofold:
1 Address the soil management issues by creating a Model Soil Management Plan
(SMP). The SMP would establish in-situ soil characterization protocols, earth moving
procedures, daily screening protocols, confirmatory testing protocols, and airborne par-
ticulate monitoring. The SMP was approved by Virginia Department of Environmental
Quality in the summer of 2003. The SMP would later become the framework for several
development agreements and the off-site disposal of the impacted material.
2 Find possible re-use opportunities for cinder ballast.
Exhibit 8.18 shows the Soil Management Plan in action. The soils are tested and characterized
in place before being loaded onto trucks. If they are not contaminated,16 they are hauled to
and dumped in Alexandria. If they are contaminated, they are taken to a dump site in
Arlington.
The photo in Exhibit 8.19 shows the interior road on the right (finished to the base pavement)
and the pile of “impacted soil” in the middle. The top of the photo shows the Arlington
County Waste Water Treatment Plant and existing office buildings on U.S. Route 1. The
required pump station is to be constructed off-site on the Water Treatment Plant property,
and all of the Potomac Yard sewer lines must cross under U.S. Route 1, which was also a
county road known as the Jefferson Davis Highway.
The design and permitting phase posed many challenges, due in part to the fact that the
scope of work straddled county/city boundaries, involved state highways and local streets,
and crossed a federal flood control project, so multiple jurisdictions claimed review and
approval authority.
1 Arlington County;
2 City of Alexandria;
3 Virginia Department of Transportation (VDOT);
4 Virginia Department of Environmental Quality (VDEQ);
5 Virginia Department of Environment and Health (VDEH);
6 The U.S. Army Corp of Engineers.
The Soil Management Plan required all questionable or impacted soil to be removed and
piled up for later removal from the site. Most of this soil was cinder ballast fill (from coal-
fired steam engines) that was contaminated with arsenic; a popular defoliant during the days
of steam engines. This material was eventually delivered to local land fill companies as daily
fill and road construction without any “premium” as contaminated soil.
When the U.S. Army Corp of Engineers dredged and straightened Four Mile Run (1970s),
it dumped the dredged material into an “uncontrolled” fill area. This uncompacted fill caused
several problems in the Land Development Stage. For example, the uncompacted clay soil
held “perched water,” a seam of water held in the soil. Consequently, when the perched water
was excavated, several acres of water would drain immediately into the excavation area.
Exhibit 8.20 shows the track hoe sinking up to its roof (note the driver with the white
hat on top of the roof) and the rescue bulldozer (note the driver running for safety) being
engulfed by soupy clay material as they are swamped, and sink into the muddy excavation.
No one was hurt, and the men and machines were all dragged to safety. Work resumed
Land Development 99
the next day with new, long-armed track hoes digging from the safe areas away from the
“perched water area.”
Like the cinder ballast problem, this is a good example of difficult soil conditions caused
by previous land users and not by Mother Nature. Land Developers must be keenly aware of
the historic uses of the site, along with its natural geological conditions. Geotechnical studies
are invaluable to land developers, along with Phase I and Phase II environmental reports.
During the construction of the Arlington infrastructure, Crescent was able to sell Land
Bays B, C, D, E, and F using development agreements that were post-closing obligations
of the Land Developer, in which Crescent agreed to complete certain infrastructure projects
and meet various Arlington PDSP requirements and obligations. The land bay sales are
shown in Exhibit 8.21. The following Building Developers were involved in these Arlington
land bay sales:17
• June 11, 2004: Land Bay D-East was sold to Camden Property Trust, a multi-family
developer and REIT, for $16,427,111.
• October 28, 2004: Land Bays B, C, D-West, and E were sold to Meridian Development,
a mixed-use property developer, for $80 million.
• December 15, 2005: Land Bay F was sold to Comstock Homes, a condominium
developer, for $21.15 million.
The Arlington portion of Potomac Yard is a good example of the Land Developer creating
value by solving the contaminated soil issues and constructing the Arlington infrastructure.
100 Part II
In summary, over five years, the Land Developer purchased the property for $122 million,
constructed the Alexandria trunk sewer for $12 million, constructed the Arlington infra-
structure for $20 million, and incurred $3 million of other costs: totalling $157 million
of costs. The total revenues from land bay sales were $258 million, so the profit (or spread)
was $101 million. This is good example of creating value in the Land Development Stage.
Summary
Land Developers acquire “land with a plan” from the Land Packager and sell finished build-
ing sites to the Building Developer. In between the land acquisition and the lot sales, Land
Developers must construct the required horizontal infrastructure and the common area
improvements on time and on budget: it’s a beat the clock game. Land Developers must also
sell to multiple Building Developers, who may or may not be competitors. Land Developers
must with also deal with multiple phases of development, as well as numerous post-closing
conditions.
The Crown Farm case study illustrates a multiple-phase land development. The Potomac
Yard case study demonstrates the challenges of off-site infrastructure improvements and dif-
ficult soil conditions. The Belgate City case study shows how a Land Developer and munici-
pality can work together in a private-public partnership to finance and construct mutually
beneficial road improvements. Finally, the Potomac Yard water quality case study shows
how a Land Developer can market the project to community stakeholders to increase public
support.
Notes
1 Paper enhancements refer to the permits and approvals necessary for the Land Developer, as well
as market, environmental, and engineering studies.
2 Sell-out period refers to the length of time it takes for the Land Developer to sell all of the finished
building pads or lots.
3 Release provisions in construction loan documents provide that a lot can be released as mortgage
collateral if the Land Developers pay more than the pro-rata value of the lot. For example, if a lot
represented 10% of the mortgage collateral, it would could be released as mortgage collateral at a
120% release rate if the Land Developer paid off 12% of the loan.
4 Take-down provisions in a land purchase agreement define when and how the land can be purchased
during the contract period. Attractive take-down provisions would enable the land developer to
purchase only part of the property when it was ready for immediate development. The balance of
the property would be purchased at a later date.
5 A purchase-money mortgage is created when the seller provides debt financing to the buyer in the
form of a mortgage note.
6 Release provisions in the purchase-money mortgage provide for the Land Developer (borrower) to
withdraw parcels of ground from the seller’s mortgage collateral or lien.
7 In general, a surety bond is a promise by a guarantor (usually an insurance company) to pay one
party (usually a government agency) a certain amount of money if a second party (usually the real
estate developer) fails to meet a contractual obligation.
8 A performance bond is a type of surety bond used in real estate construction and development.
Many times a land developer will require its road building contractor to post a “bond” that guaran-
tees an amount of money will be paid by the guarantor to finish the project in the event that the
contractor goes bankrupt or otherwise defaults on the agreement and cannot complete the project.
Also, a municipality may require a land developer to post a performance bond to guarantee that the
approved infrastructure will be completed.
9 Contingency reserves are budget lines that are not for specific costs, but rather are for unexpected
items or cost over-runs.
10 http://realestatedevelopmentmatrix.com/textbook/res/task1/stage3/Crown+Farm.pdf
11 http://realestatedevelopmentmatrix.com/textbook/res/task1/stage3/Potomac+Yard.pdf
102 Part II
12 The project was awarded Trenchless Technology’s New Installation of the Year in 2004.
13 The sewer ranges in depth from 22 feet to 42 feet deep below the surface and has approximately
25 feet elevation change between the start and termination point. The system consists of 24 vertical
shafts that range in depth from 30–50 feet.
14 The shafts are connected by 8,643 linear feet of 30-inch Vitrified Clay Pipe and 2,500 linear feet of
27-inch PVC (PolyVinylChloride) pipe.
15 Potomac Properties were two excess parcels of ground (not part of the Potomac Yard CDD) that
were sold to a local retail developer.
16 Soils were deemed contaminated if they contained mineral constituencies above a certain threshold.
17 The Land Developer did not sell Land Bay A because it had decided to undertake the Building
Developer Role after preleasing a substantial amount of office space on Land Bay A.
18 http://realestatedevelopmentmatrix.com/textbook/res/Belgate+City+Infrastructure+Dev+Agr+
5-21-07.pdf
19 http://realestatedevelopmentmatrix.com/textbook/res/potomac_yard_and_the_water_quality_of_
the_potomac_river.pdf
9 Building Development
INTRODUCTION
Building Development is the fourth stage in the Real Estate Development Process,
Exhibit 9.1. Land Development is sometimes referred to as “horizontal development,” and
Building Development is referred to as “vertical development.” Building Developers who
routinely sell their completed buildings are often referred to as “merchant builders.” Home
builders are also good examples of Building Developers.
The building construction part of the Building Development Stage is probably the most
studied and most emphasized part of the Real Estate Development Process in our colleges
and universities, as architects and engineers study the most efficient designs and construc-
tion techniques for the latest technologies, materials, and sustainable standards. Consequently,
today’s building contractors are really good. They are able to estimate costs to the dollar and
schedule time to the day. Building contractors often provide estimating and scheduling
advice as “pre-construction services” to Building Developers, which is invaluable. This
kind of “front-end” analysis helps to keep Building Developers out of “bad projects and
losing deals.”
Box diagram
The box diagram in Exhibit 9.3 emphasizes the development rule: “Buy one thing and sell
another.” In this case, the Building Developer buys a building pad (or building-ready site)
from the Land Developer so that all the Building Developer has to do is construct the
building(s) and sell the improved property (land and building(s)) to the Building Operator.
The Building Operator may be an owner-user who occupies the building as part of its overall
business plan, or sometimes the Building Operator may be an investor who leases the
property to third-party users. Of course, the family that buys the new house and makes it
their home is the ultimate owner-user!
Venn diagram
Exhibit 9.4 demonstrates that the Stages of the Real Estate Development Process are not
neatly defined and separated, and that they may overlap to some extent.
This Venn diagram illustrates how the Land Developer may do some of the site prepar-
ation or excavation as a way to entice the Building Developer to purchase the property.
Circle diagram
The circle diagram shown in Exhibit 9.5 show how Building Developers relate to Land
Developers and Building Operators in the great circle of real estate development.
Land Developers
Land Developers need to offer the finished building site to Building Developers at a price
and with terms that are compatible with the Building Developer’s strategy, budget, and
capital expectations. The acquisition needs to be timely and fair to the person who controls
the land. A difficult problem can be the control of future or subsequent site pad purchases.
Building Developers may ask for the first right of refusal, or the right of first offer on future
lot sales. Building Developers may also ask for future lot sales to be restricted to non-
competitors or delayed for a specific time or lease-up period.
Architects
Building Developers must deal with several kinds of architects, such as building architects,
interior architects, and landscape architects. Building architects design the size, shape, and
exterior covering of the building, while interior architects design the inside spaces of the
Engineers
Like architects, several kinds of engineers are important to Building Developers. The
two broad engineering categories are structural and mechanical. However, within these
categories, there are several specialties that are used depending on the building design
and location. Some engineers specialize in mechanical, electrical, and plumbing systems; and
others, such as acoustical engineers, focus on particular building issues. Environmental
engineers are hard to categorize, but they are important, too. However, all engineers should
be familiar with the latest green building practices and requirements to achieve a green
certification.
Tenants
The tenants, or the end users of the building, are extremely important to Building Developers
as they want to lease the property and consequently receive the maximum value for the
completed property with tenants in place. Even if the building is completely vacant and
unleased, the constructed building must be attractive and serviceable to future tenants
and end users for a successful project.
Environmental professionals
Environmental professionals may be architects, engineers, or other professionals who provide
a wide range of services, but in the Building Development Stage they facilitate achieving
green building certificates (LEED or Energy Star). They are also critical in the “commission-
ing3” of the building. Building commissioning is required for LEED Certifications as well as
for many government occupied buildings. Additionally, environmental professionals can guide
and perform environmental remediation efforts, if needed.
Construction lenders
The construction lender is a banking specialist who provides the interim construction loan
to fund certain specified improvements. Building Developers must submit a draw request for
funds to the lender that describes the constructed improvements and provides verification
that they have been correctly installed. A knowledgeable and responsive construction lender
is critical for the scheduling and timing of the building construction. Since these draw
requests are usually monthly, a good working relationship with the construction lender is
imperative.
Building operators
Building Developers must maintain good relations with numerous Building Operators so that
a sale of the property can be arranged. Building Developers must understand the strategies,
preferences, and capital capacities of these Building Operators. Ideally, the Building Operators
would be involved throughout the construction period so that the finished building and its
systems are familiar and operating correctly.
Stage, manage, and control the marketing efforts of the leasing and sales agents
The marketing of the building(s) for lease and/or sale occurs during the construction period,
and often conflicts arise between the marketing and the construction teams. Marketing and
construction are equally important, so Building Developers must balance the needs, demands,
and time constraints of both activities. At the beginning of the Building Development Stage,
the construction is more important, and toward the end of the Building Development Stage, the
marketing of the project is more important. These are good problems to have, and a successful
Building Developer will stage, manage, and control both the construction activities and the
marketing activities.
Acquisition costs
Building Developers must determine the maximum price they can pay for the building site
while still incurring the other development costs and staying within the development budget.
This is sometimes referred to as the “Builders’ Justified Land Price.”
Environmental costs
Environmental testing may provide a good estimate of how much (if any) environmental
work needs to be done. However, unforeseen environmental issues can be costly, so adequate
financial reserves for contingencies should be budgeted for when environmental problems
are expected.
Change orders
Change orders are changes to the construction contract that are usually caused by changing
preferences of the tenants, users, or owners. These additional costs, if not controlled, can
cause financial ruin. These cost changes must be controlled through proper documentation
and billings. It seems as though some tenants do not consider their space needs until the
building is already under construction and then request numerous changes to the approved
plans and specifications. (The old joke among building contractors is that, “they bid the
project at cost, and then make their profit on the change orders.”) A well-defined and carefully
Building Development 113
documented procedure is essential so that requests for information and actual building
changes are appropriately priced and constructed.
Cost over-runs
Building Developers using a Guaranteed Maximum Price (GMP) attempt to put the risk
of higher costs on the contractor’s shoulders. However, for some large and longer-term
construction projects, the material prices are based on price indices for various commodities.
Cost over-runs may also be caused by the tenants’ space requirements. These additional
costs need to be documented in change orders to the contractor and passed on to the tenant
for reimbursement if possible. Finally, cost over-runs may be caused by estimation errors.
Who checks the estimators?
The final built-out town center closely resembles what was proposed in the Land Packaging
Stage by Sunbrook. The Crown Farm development then continued onto Phase II of the
master plan by extending the land and building development to the eastern portions of
the total site.
Exhibit 9.9 Crown Farm Phase I infrastructure.
Crown Farm is a good example of the first four Stages of the Real Estate Development
Matrix. It demonstrates the various roles of the key players as each creates additional value
by using special skills to achieve specific Tasks that require additional capital, and it
highlights how the success of each Stage is imperative for the continuation and success of
the next Stage of development.
During the PDSP approval process, Crescent responded to a U.S. General Services
Administration’s (GSA) Request for Proposals (RFP) for a 405,000 ft2, ten-year lease for the
U.S. Environmental Protection Agency (EPA). Crescent was awarded the EPA lease after
the 4.1 Approval was granted, and the EPA lease had two unique provisions:
1 The buildings must meet United States Green Building Council’s (USGBC) Leadership
in Environmental and Energy Design (LEED Silver Certified for new construction (NC)
upon completion. Failure to meet the LEED Silver Certification would reduce the gross
rent by 10%!
2 The buildings must also meet the U.S. Government’s requirements for Level IV Security
as determined by the U.S. Federal Protection Services.
The GSA lease contained 200 pages of requirements, and the EPA’s Program of Requirements
(POR) added another 100 pages of requirements for the building construction and operation. The
Building Developer’s challenge was to meet all of these requirements on time and on budget!
Meanwhile, in 2005 the USGBC’s LEED requirements for new building construction
were constantly changing, as the rules for awarding points were being defined and clarified.
The buildings were originally designed as a “speculative” office project that only qualified
for 17 points of the threshold of 33 points for a Silver rating. Crescent assembled a team of
environmental professionals (LEED AP) that developed a strategy to capture the easy points
(the low hanging points) and then to:
After this pre-construction LEED planning, the construction budget was increased to
$4 million ($6.00ft2). Also, because all interior tenant spaces had to meet the LEED NC
requirements, Crescent stopped all efforts to pre-lease additional office space until the LEED
Silver rating was achieved.
The Level IV Security rating required the six-storey parking structure to be redesigned
so that automobiles could be restricted to pre-determined buildings and floors. Also, the
building lobbies had to be redesigned to accommodate security equipment and personnel
and to restrict public access to designated areas. This change was difficult for Arlington to
accept because the county planners envisioned, “an exciting street-level retail experience”
for its citizens. As a compromise, the county required large TV screens to be placed “face
out” in each window that would constantly play “environmental programming.” In reality,
these screens televised 24-hour cable news programming!
The two buildings, One and Two Potomac Yard, had a total development budget of
$129 million that was broken down into land costs of $8.8 million, hard costs of $91.2 million,
and soft costs of $29 million.
Exhibit 9.15 shows the proximity of Land Bay A to the Potomac River, Regan National
Airport, and the CSX rail corridor, as well as to Crystal Drive and the Hyatt Hotel. The
adjacent land impacted the actual construction of the two buildings on top of a six-storey
parking structure with three levels above grade and three levels below grade.
Several major risks were noteworthy:
• Excavation of the below-grade parking structure that was also below sea level.
• Operation of the on-site, concrete batch plant for the post-tension concrete frame.
• Staging and installation of the precast panels from Crystal Drive beside the Hyatt Hotel.
• Meeting and documenting green building requirements.
• Advanced commissioning of all building systems.
• Accommodating and documenting 398 GSA change orders.
While the construction was done on time and on budget, there were several critical Tasks that
caused stress with the adjacent land owners and tested the diplomatic skills of the Building
Developer:
• Pile driving activity during early morning hours woke up guests in the adjacent hotel.
• Removal of existing road bed of Crystal Drive caused flooding in the adjacent
underground parking garage.
• The adjacent land owner started construction on an apartment building, so both projects
closed the adjacent street while staging materials.
• A re-bar bundle “nicked” a passing Virginia Rail Express Train as the bundle was being
lowered onto the building floor by an overhead crane.
Exhibits 9.16 and 9.17 show the closeness of the neighbors that were impacted by Crescent’s
use of four overhead construction cranes. Consequently, Crescent had to negotiate construc-
tion crane agreements with the Hyatt Hotel, the Federal Aviation Administration (FAA), the
Exhibit 9.15 Photo montage of One and Two Potomac Yard on Land Bay A.
Washington Area Airport Authority, the CSX Transportation Corporation, and the Virginia
Rail Express.
In September 2005, Crescent entered into a pre-sale agreement with JP Morgan for One
and Two Potomac Yard. The purchase price was $213.5 million with the following funding
provisions:
At the GSA lease commencement, JP Morgan took over the role of Building Operator in the
fifth Stage of the Real Estate Development Process.
The development of One and Two Potomac Yard is a good example of a Building Operator
obtaining the necessary approvals and permits to construct the improvements, pre-leasing
the space to a government agency (and learning all of the anagrams related to the lease),
constructing a USGBC LEED Certified building, and pre-selling the building with phased
funding conditions.
Construction of International Plaza IV began in 2007 and was finished 17 months later.
Exhibit 9.18 is the site plan for the eight-storey office building and accompanying five-
storey parking garage. Exhibit 9.19 shows an artist’s rendering of these two structures.
the Building Operator. In this case, the return on total costs was 8.20% (NOI divided by Total
Costs), and the estimated overall capitalization was 6.75%, so the spread was 1.45%. In
other words, if the property is estimated to be developed for $50.53 million and sold for
$67.5 million (NOI divided by market capitalization rate), the developer’s profit would be
$11.95 million. The question facing the Building Developer is, “Is this enough profit to take
the major risks incurred in the Building Development Stage?”
Crescent usually looked for a minimum spread of 1.5%, and the projected spread was
1.46%. However, it had substantial experience building and leasing in this market. Crescent
decided to revisit its market underwriting and due diligence studies, and then reconsider
the project.
Eventually, Crescent decided that its income and building cost projections were conserva-
tive, so the risks of the project were lower than other projects and the 1.46% spread (which
rounded to 1.5%) would be an appropriate return for the risks taken in this project.
International Plaza IV is a good example of the analysis and decision-making process
Building Developers undertake when evaluating a project.
Summary
Building Developers must acquire the site, finance and construct the improvements, and then
lease and sell the completed building structure. Simultaneously constructing and marketing
the property requires Building Developers to stage, manage, and control two very different
processes. Because of the short-term nature of the construction loan, Building Developers
(like Land Developers) are in a “beat the clock” situation. The current emphasis on green
building construction adds another dimension of complexity to the process, as Building
Developers must meet additional material, construction, and performance criteria that are
established by various green building certifying organizations.
The Crown Farm case study illustrates the simultaneous construction efforts of several
Building Developers in an effort to create a new urban place, Downtown Crown. The One and
Two Potomac Yard example demonstrates how a green certification pre-lease requirement
is handled in the context of a pre-sale of the buildings. The International Plaza IV case study
considers the Building Developer’s decision to “build or not-to-build” given the estimated
construction costs, rental rates, and market capitalization rates. Similarly, the Phipps Tower
case study shows how a Building Developer attempts to attract a joint venture partner to finance
a contemplated office tower. Finally, eight environmental professionals are interviewed about
their roles in building a certified green building from their very different perspectives.
Notes
1 Market Capitalization Rate is defined as the ratio between the Net Operating Income and the Sales
Price.
2 Return on Total Cost is defined as the ratio between the Net Operating Income and the Total
Development Costs.
3 Commissioning the building confirms the operating efficiency of the building systems by determining
that all of the components and controls of the building system are working correctly and accurately
before the building is occupied.
4 Mini-perm loans are basically construction loans that automatically extend for two to three years
after the construction period. Interest accrues during the construction period, but must be paid
currently during the extension period.
5 Take-out lenders agree to purchase the construction loan under certain conditions defined in a
tri-party agreement with the borrower and construction lender. The fees for a take-out loan are
typically 1–2% of the full construction loan amount.
126 Part II
6 Concessions are also known as tenant inducements and may include a free-rent period, above
standard tenant improvements, or moving cost subsidies.
7 http://realestatedevelopmentmatrix.com/textbook/res/task1/stage4/Crown+Farm.pdf
8 http://realestatedevelopmentmatrix.com/textbook/res/task1/stage4/Potomac+Yard.pdf http://
realestatedevelopmentmatrix.com/textbook/res/3._the_greening_of_one_and_two_potomac_yard_
v2.pdf
9 http://realestatedevelopmentmatrix.com/textbook/res/IP4+White+Paper+10+16.pdf
10 http://realestatedevelopmentmatrix.com/textbook/res/phipps_tower_memo.pdf
11 http://realestatedevelopmentmatrix.com/textbook/res/case_study_one_and_two_potomac_
yard.pdf
10 Building Operations
INTRODUCTION
Building Operations is the fifth Stage of the Real Estate Development Process (see
Exhibit 10.1). Once a majority of the building construction has been completed (core, shell,
and common areas), the Building Operations Stage begins. Tenant occupancy occurs during
this Stage and continues throughout the Stage as the constructed buildings are leased-up and
released.
Building Operations is considered a Stage in the Real Estate Development Process because
economic value can be created by successful Building Operators in this Stage of development.
Building Operators create value by converting the constructed building to a portfolio of
leases with happy tenants and accurate record keeping.
The Building Operations Stage is also the time during which major increases in value can
occur through financing and refinancing activities, as well as the sale and resale of the prop-
erty. There can be several Building Operators during this Stage, which may be as long as
several decades.
The Building Operators with the large property portfolios are usually referred to as “insti-
tutional investors” and may include pension funds, insurance companies, or public real estate
investment trusts. Building Operators can also be owner-users who occupy the constructed
Schematic diagram
The schematic diagram in Exhibit 10.2 represents the entire Real Estate Development
Process and highlights the Building Operations Stage. The Building Operations Stage
follows the Building Development Stage as the Building Developer sells the completed (and
perhaps partially leased building) to the Building Operator. Many times, Building Developers
decide not to sell the completed building and to continue on to the Building Operations
Stage. However, it should be noted that a new team of professionals must be assembled, as
they face a new set of critical Tasks that require special skills.
The property may be sold many times to many Building Operators during its economic
life. However, when the property suffers from economic or functional obsolescence, it is
sold to a Building Renovator. Of course, if Building Operators take on the role of Building
Renovators, to be successful they must form a new team with different skills.
Box diagram
The box diagram in Exhibit 10.3 illustrates the fundamental rule of value creation in the
Real Estate Development Process, “Buy one thing, sell another.” In this case, Building
Operators purchase a fully constructed building from Building Developers, and then at the
end of the building’s economic life, sell the underperforming, worn-out property to Building
Renovators. This may appear to be a very grim proposal without much opportunity to create
economic value.
In fact, many Building Operators may own the property during the Building Operations
Stage, just as many different lenders and equity investors may provide capital for the
property.
Building Operators are responsible for many kinds of “remodeling” work, as tenants
move in and out and as public areas are refurbished or reconstructed. The question becomes,
“When does remodeling become renovation? When is a pile a heap?” (so to speak).
Generally speaking, the skills necessary to renovate a property are different than the skills
usually considered necessary to operate a property.
Venn diagram
As the Venn diagram in Exhibit 10.4 shows, the Real Estate Development Stages are not clearly
defined, but instead overlap in the process. The Building Operations Stage is an opportunity
to increase property value, rather than just a process for minimizing operating expenses.
130 Part II
Circle diagram
The circle diagram in Exhibit 10.5 illustrates how the Building Operators buy properties
from Building Developers and eventually sell properties to Building Renovators in the larger
circle of the Real Estate Development Process. The Circle diagram also shows how Building
Operators sometimes buy buildings from Building Renovators.
The Building Operator must submit timely and accurate reports to the following:
• tenants;
• mortgage lenders;
• equity investors;
• governmental taxing services;
• other stakeholders, such as environment rating agencies (USGBC LEED).
132 Part II
This documentation not only provides current information to the existing investors, but also
demonstrates to prospective investors how profitable and valuable the property really is. The
difference between these costs and the expected increase in value is known as the “spread.”
The spread is the value that is created in this Stage of development. Economists call this the
“profit” earned in this Stage. This spread may occur quickly, or over many years.
Typical capitalization of Building Operations includes a long-term, amortizing mortgage
and equity capital partners. Building Operators also employ cash reserves, lines of credit, or
gap mortgages to manage major capital expenditures incurred during the holding period.
Asset managers
Asset managers view the property from the investment perspective and must constantly
analyze the credit markets and investor markets for financial opportunities, such as refinanc-
ing the debt, selling the property, or attracting new equity investors. Asset managers are
responsible for reporting to the equity investors and lenders, as well as managing the leases
on a property. Asset managers also consider the individual property in the context of the
portfolio of properties that they may be managing.
Property managers
Property managers oversee the operation of the facility, such as the collection of rent, the
regular maintenance of building systems, and the construction of tenant improvements and
Building Operations 133
common area repairs and replacements. Property managers usually prepare monthly activity
reports for asset managers.
Tenants
Rent paying tenants are Building Operators’ best friends because they are responsible for the
economic viability of the property. The rights and responsibilities of the tenants are defined
in the lease agreement. The Building Operators believe that the most important responsibil-
ity of the tenants is to operate a successful business, so they can pay the rent on time. The
tenants’ business operations require certain hours of occupancy, which impact security
systems, electrical and power consumption, building access and restrictions, and common
area uses.
Leasing agents
Leasing agents negotiate lease terms and acquire new tenants as leases roll over. They are
paid on a commission basis, and the commission payments for renewal leases are always
controversial. The accurate market information that they provide Building Operators is
critical for a successful leasing strategy.
Environmental consultants
Environmental consultants can assist in the inspection and remediation of potential environ-
mental issues in the building, and they can also assist in applying for and certifying various
environmental and sustainability certifications (Energy Star, LEED, and BOMA 360).
“Healthy buildings” are necessary for good tenant relationships, low tenant roll-overs, and
lower operating costs. A “sick building” is a nightmare and a stigma that is hard to erase.
Tax assessors
The determination of the property’s value for real estate tax assessment purposes may
be done at the state, county, or municipal level. Tax assessors provide an estimate of the prop-
erty’s value for real estate tax determination. Knowledgeable tax assessors, good building
records, and engaged property owners are necessary if Building Operators want to challenge
or appeal the property’s assessed valuation. Sometimes, tax assessors are overly optimistic or
aggressive in their estimates of the property’s value; however, their valuations are also
restricted by laws and regulations.
Neighborhood associations
Neighborhood associations—sometimes called “building improvement districts”—are often
responsible for maintaining quasi-public spaces around private properties that are not ade-
quately maintained or serviced by municipal governments. These areas may include sidewalks,
alleys, trash receptacles, and public loitering areas. These associations can also bring health
and safety concerns to the attention of the police and fire protection departments. Building
Operators should be supportive members of their neighborhood associations.
Building Operations 135
Building Operations: critical Tasks
The following are the most critical Tasks in the Building Operations Stage, although they are
not listed in order of importance.
Property management
The property management fee is usually based on the actual out-of-pocket expenses of the
property manager, plus a percentage of the collected rents. Property management agreements
should provide for pre-arranged termination of the agreement with appropriate notification
and minimal effect on the tenants, investors, and lenders.
Building Operations 137
Operating expenses
These expenses are annually budgeted, and then reported monthly with “actual to budget”
comparisons.
• Security services. Security services contracts can be designed to meet the level of
security required by the tenants and by the neighborhood. Of course, the nature of the
tenants and their business operations will dictate most of their security needs. Fees
for tenant-specific security needs are usually paid by the tenant.
• Janitorial services. There are usually several third-party vendors who will provide jani-
torial and housekeeping services for the building and its users. These vendors will hire
workers and ensure that their immigration status and security background checks are
adequate. This can be a tricky business. In addition, the housekeeping services are now
asked to comply with green-building standards.
• Landscaping services. Regularly scheduled landscaping services are vital in maintaining
an attractive building. The services should include fertilizing, mowing, trimming, and
cleanup, as well as the maintenance of the sprinkler systems (if used). Snow removal
can also be provided by these vendors. A new wrinkle in landscaping is the proper
installation and maintenance of green roofs and roof-top gardens.
• Waste removal services. Waste removal services can be provided by private or public
vendors. Popular recycling practices require housekeeping/janitorial services to work
closely with the waste removal vendors. To avoid conflicts, the pick-up time and the
location of trash removal facilities must be clearly defined in the service agreement.
• Energy monitoring and testing. Energy monitoring and system testing will ensure the
proper operation of energy systems to maximize system efficiency and minimize
potential failures in the future.
• Utilities. Leases should specify the landlord’s and tenants’ responsibilities for electricity,
waste, and gas usage. Separate meters for each tenant are valuable in controlling these
costs. The landlord and tenants can control the usage, but the prices may fluctuate.
Financing costs
The financing costs, which include interest and origination fees, as well as extension and
prepayment fees, are determined when the property is acquired so they are easily budgeted.
However, refinancing arrangements can change these items.
Completion delays and cost over-runs: tenant and common area improvements
Completion delays and cost over-runs of the construction of tenant improvements or common
areas are usually caused by shortages in material or labor. However, these delays may be
caused by tenants changing their minds or expectations, or the architect not clearly commu-
nicating the nature of the common area improvements. Building Operators must quickly
resolve these misunderstandings.
Because of the nature of tenant or common area improvements, the cost over-runs should
not be too serious unless there is a major misunderstanding. Soliciting and securing bids
from contractors before starting construction is an important way to clarify the nature and
scope of the work to be done.
The 640,000 ft2 One and Two Potomac Yard property (as shown in Exhibit 10.8) was
bought by JP Morgan for $215 million from Crescent Resources in November 2004.
The total purchase price was $213.5 million, and was paid in three fundings: $100 million at
shell completion; $95.5 million when the U.S. EPA moved in and the lease commenced; and
$18 million when the property received the USGBC LEED-NC Silver Certification.3 The
property was put in one of JP Morgan’s real estate portfolios for pension fund investors.
JP Morgan became the Building Operator when the EPA assumed occupancy, and the ten-
year lease began. JP Morgan hired a third-party professional property management company
to manage the property according to the lease requirements and the Green Building
Guidelines that were approved by the USGBC.
Beside the USGBC Silver LEED-NC certification, the EPA lease also required the property
to achieve the Building Star designation that is awarded by the U.S. Department of Energy.
The Energy Star designation is based on actual operating records to verify the operational
efficiency of the buildings.
JP Morgan hired a national brokerage firm to lease the remaining vacant space. The leasing
efforts focused on federal government agencies that needed Level IV security, as well as
USGBC LEED-NC certification.
In 2008, One and Two Potomac Yard was awarded the U.S. Department of Energy’s
Energy Star, and in 2009, the property achieved a USGBC LEED Gold Award for existing
buildings (EB). Also, JP Morgan’s leasing strategy was successful, and the property was
leased to over 90% with Federal Government tenants.
At that time, USAA, a large insurance company, was assembling a portfolio of green,
government-leased properties for pension funds and sovereign wealth funds that were
Building Operations 141
seeking very low-risk real estate investments in the United States. Consequently, JP Morgan
was able to sell One and Two Potomac Yard to USAA for $250 million in 2010.
Exhibit 10.9 shows the value appreciation of One and Two Potomac Yard from 2005 to
2010 and compares it to Co-star’s Real Estate Investment Grade Value Index for the same time
period. The value increase from 2004 to 2005 was due to the Building Developer constructing
the property for $135 million and selling it to JP Morgan for $213.5 million. However, the
value increase from 2005 to 2010 was entirely due to the efforts of the Building Operator, who
leased-up the property and efficiently operated and maintained excellent records to document
its performance to the USGBC and the U.S. Department of Energy. This 17% increase in
property value is even more impressive when it is compared to Co-Star’s Investment Grade
Index that experienced a 24% decrease in property for the same time period.
This case study also shows the importance of finding Building Operators who have a
lower cost of capital. In this case, USAA had a lower cost of capital than JP Morgan, as
USAA marketed a portfolio of low-risk, green buildings with government leases to investors
seeking very safe investments.
the Building Operator faced the roll-over (lease expirations) of three major leases that
represented 25% of the office space. The Building Operators (owners) also decided to apply
for USGBC’s LEED Gold Rating for existing buildings (EB), and to lease to two restaurants
on the first floor.
Leasing
Building Operators must have a marketing team to address the continuous challenges of
renewing existing leases and re-leasing vacant space when it comes to market. In early 2015,
the building was 83% occupied as some tenants renewed their leases and others moved out.
Constructing the tenant improvements and moving in new tenants without disturbing the
current tenants is always challenging.
Summary
The Building Operations Stage may last five to ten years, or for several decades. Building
Operators create economic value by leasing and re-leasing vacant rental space, by keeping
accurate records, by submitting timely reports, and by minimizing the cost of capital through
financing and refinancing activities. Building Operators sell their properties to other Building
Operators or to Building Renovators if they need major repairs/additions, or need to be
repositioned in the marketplace.
The Potomac Yard case study illustrates the increase in property value that can be achieved
by leasing the property, obtaining green certifications, and selling to another Building
Operator with a lower cost of capital. The 1400 K Street case study examines the many chal-
lenges that Building Operators face: lease roll-overs, major tenant improvements, and green
certification; while 650 Massachusetts Avenue demonstrates how Building Operators can
increase value by finding a new tenant for unique vacated spaces. The Hampton Courts
case study focuses on the acquisition of an existing property from a Building Developer, and
the 1812 North Moore example considers the problem of leasing-up a newly constructed
office tower.
Notes
1 LEED EB-OM is the certification achieved through U.S. Green Building Council (USGBC) for an
existing, in-operation building that meets certain sustainability standards and practices. This
acronym stands for: Leadership in Energy and Environmental Design Existing Building – Operations
& Maintenance.
2 http://realestatedevelopmentmatrix.com/textbook/res/task1/stage5/One+&+Two+Potomac+Yard.
pdf
146 Part II
3 One and Two Potomac Yard received the USGBC LEED_NC Gold certification in July, 2006.
4 http://realestatedevelopmentmatrix.com/textbook/res/task1/stage5/1400+K+Street.pdf
5 http://realestatedevelopmentmatrix.com/textbook/res/task1/stage5/650+Massachusetts+Avenue.pdf
6 http://realestatedevelopmentmatrix.com/textbook/res/apt_1988_hampton_courts.pdf
7 http://realestatedevelopmentmatrix.com/textbook/res/task1/stage5/1812+N+Moore.pdf
11 Building Renovation
INTRODUCTION
Building Renovation is the sixth Stage of the seven-Stage Real Estate Development Process
(see Exhibit 11.1). Building Renovators identify the physical and functional deficiencies of a
property, correct those deficiencies, and re-market the property to a different submarket.1
Building Renovators maximize the value of the property by changing the users, but not the
use. That is, office buildings remain office buildings, warehouses remain warehouses, or retail
buildings remain retail buildings. However, Building Renovators increase the building’s
efficiency and usefulness, and consequently increase the value of the renovated property.
Schematic diagram
The schematic diagram in Exhibit 11.2 illustrates the Building Renovation Stage position
in the Real Estate Development Process. Building Renovation usually occurs when an operat-
ing building is underperforming, compared to similar product types in the market. For example,
the tenants of the subject property are paying lower rents than the market average, or unleased
space is difficult to rent. Undergoing building renovations will hopefully secure higher rents
and greater functionality of the building, without changing how the building is being used.
Once the renovation is complete, Building Renovators can continue to operate the building
or sell the property to a Building Operator. But when the building is no longer at its highest
and best use, and the deficiencies can no longer be cured, the property is sold to a Property
Redeveloper.
Box Diagram
Exhibit 11.3 demonstrates the key activity in real estate development, “Buy one thing and
sell another.” In this diagram, Building Renovators buy an underperforming asset, remedy
the property’s deficiencies, and then either sell the re-marketed property to a Building
Operator or hold it until the end of its economic life and then sell the worn-out property to a
Property Redeveloper.
Building Renovation 149
Building renovations are very common in shopping centers and hotels as consumers’
tastes and preferences alter, or as transportation systems change (thereby changing the
property’s relative location). Also, an office building may be renovated to meet the needs of
a different type of office user. For example, high tech companies may prefer an “open office
environment” rather than the traditional enclosed office floor plans, or an office building that
is designed for a single user may be renovated to accommodate multiple users.
Venn diagram
Exhibit 11.4 demonstrates the overlapping nature of the Real Estate Development Stages.
A Building Renovator may acquire a building from a Building Operator that has a “hold-
over tenant,” a renter with a long-term lease and additional renewal options. Clearly, Building
Renovators must determine how to accommodate hold-over tenants while undertaking the
required renovation activities. This often occurs in a shopping center where a major tenant
Circle diagram
Exhibit 11.5 shows how the Building Renovation Stage may cycle back to the Building
Operations Stage several times before moving on to the Property Redevelopment Stage.
Building renovations can occur multiple times throughout the lifespan of a building, as
the cycle of operations, to renovations, to operations repeats. This cycle continues until the
building is no longer an effective or viable space in the market, at which time the property
moves into the Property Redevelopment Stage.
the properties until they are ready for redevelopment. The unique skills and risks for Building
Renovators are often found in companies that specialize in historic renovation, for example.
Building Renovators have a keen knowledge and understanding of the real estate market in
which they work. They know which tenants are expanding and ready to move, which tenants
are ready to go out of business, and which Building Operators are ready to sell their proper-
ties. They are able to see opportunities where others may only see worn-out property in need
of repair. They epitomize the saying, “No problems; only opportunities.” They are truly the
“turn-around artists” of the real estate world. Currently, many shopping center developers are
looking for old shopping centers that need to be fixed-up and re-marketed to different retail
tenants.
Building Renovation developments can be capitalized in a variety of ways. Usually the
project is acquired with equity capital or through a purchase money mortgage from the seller.
Sometimes, the Building Renovator can assume the existing mortgage as part of the acquisi-
tion transaction. The required renovation improvements are usually financed with a short-
term construction loan, which is then replaced with a permanent or long-term loan when the
renovations are complete and the property is re-leased to new tenants.
The diagram in Exhibit 11.6 illustrates the Building Renovation equation. That is, the sum
of the acquisition costs, holding costs, operating costs, and renovation costs should be less
than the operating income and eventual sales price (property disposition price) after the
renovations are complete. The difference between those two values is known as the “spread.”
The spread is the marginal value that is created in this Stage of development. Economists
call this the “profit” earned in this Stage. This spread should occur quickly in the Building
Renovation Stage.
Property Redevelopers
Property Redevelopers are prepared to take control of the renovated property when it can no
longer be renovated because of overwhelming physical deterioration or functional deficien-
cies. Property Redevelopers are like Land Bankers because they hold the property until the
market conditions improve and the property is ready for new land uses.
Construction lenders
Construction lenders fund the renovation costs with an accruing interest rate over a specific
time period. The construction loan would be repaid with a new permanent loan or through
the proceeds from the sale of the renovated property. Because of the highly risky nature
of the renovation process, construction lenders will require a first lien position and/or
personal guarantees from Building Renovators. Experienced Building Renovators and
experienced renovation loan lenders are invaluable in this delicate dance.
Property managers
Property managers are responsible for the collection of rents from the hold-over tenants, as
well as the regular maintenance of the existing building systems. The property managers
may or may not be replaced by project managers when the renovation begins, but in any
case, coordination between the property managers and the project managers is critical for
successful renovations.
Project managers
Project managers work for Building Renovators and oversee and manage the renovation
construction and re-leasing on a daily basis. These are the most important players in the
Building Renovation Stage because they must maintain building operations for hold-
over tenants, while overseeing the construction of the new renovations and moving in the
new tenants in a timely and cost-effective manner.
Building Renovation 153
Tenants
Hold-over tenants must be accommodated as the renovation takes place, so they can continue
operations in the building or vacate the building when their leases expire. New leases with
future tenants must be signed during the Building Renovation Stage. Hopefully, the future
tenants will agree to higher rental rates once the property has been renovated and they take
occupancy
Leasing agents
Leasing agents may help negotiate revised lease terms for hold-over tenants and simultane-
ously help find future tenants for the newly renovated space. Leasing agents may also assist
in the underwriting process3 and the cost-benefit analysis of a potential renovation. Their
expert knowledge of the local markets helps to determine what improvements will garner
higher rental rates based on current trends, such as large lobby improvements or updated
floor plans for open-space concepts.
Renovation contractors
Renovation contractors construct the new renovation improvements and remove portions
of the existing structure when they are no longer needed. They will hire the subcontractors
with special knowledge and skills for the renovation project. Renovation contractors have
special skills that are different from those required for new construction. In renovation
projects, very little is “plumb, square, or level,” so renovation contractors must make numer-
ous adjustments to accommodate the “as is” condition of the old property. In addition,
renovation contractors must be sensitive to historical features of the existing structure.
Local historians
Local historians provide information on the building’s original intent or purpose and explain
what historical significance the building may or may not have had in the community. Local
historians may also help in navigating historical preservation requirements if applicable.
Environmental experts
Environmental experts perform an environmental analysis on the existing property prior to
construction and then direct and oversee any required environmental remediation efforts,
such as asbestos encapsulation or mold removal. Environmental experts are also critical to
evaluate hazardous or suspicious conditions that can be encountered during construction.
154 Part II
Neighborhood activists
The neighborhood activists provide input on the needs of the community and lobby for com-
munity improvements or other projects that may either be part of the renovated property, or
entirely off-site. Neighborhood support is critical for local political support, so Building
Renovators must cultivate positive relationships.
Stage, manage, and control the construction projects and leasing efforts
Building Renovators must stage, manage, and control both the construction and leasing
of the renovated improvements so that they are on time and on budget. Simultaneously man-
aging and controlling the construction and marketing of the renovation project is very
difficult because the contractors and the leasing agents have different agendas in terms of
access, timing, and budget priorities. Because of the nature of some renovation projects,
the safety of both the workers and the public require very strict limitations on access to the
property. However, the marketing people like to show their prospective tenants the excite-
ment and energy of the new space. Building Renovators must help the construction teams
and the marketing teams understand each other’s objectives, so they can work together in a
complementary manner.
Construction costs
Building Renovators must work with engineering consultants, building engineers, environ-
mental experts, and property managers to mitigate any possible unforeseen situations or
building oddities that may arise during construction.6 Using allowances for any special
accommodations to the original scope will prevent “scope creep” or additional change orders
as work continues.
156 Part II
Operating costs during construction
Some basic building systems (electricity, plumbing, and heat) may need to continue during
the renovation. If tenants move out of, or into, the building during renovation, the Building
Renovator must include those costs in their renovation budget and have the cash on hand to
pay those bills.
Management costs
Building Renovators may need to continue to pay a property manager during the renovation,
as well as a project manager. These management costs are predictable and controllable and
vital to a successful project.
Marketing costs
A marketing budget that includes advertising, promotional events, and leasing should be
established at the beginning of the project, and then the marketing costs should be managed
in accordance with the budget to avoid overspending.
Located in the Washington, DC, metropolitan area, Tysons Corner is located in the McClain
portion of Fairfax County, one of the highest income areas in the United States. It was
originally developed for office space, creating a major suburban office plaza. However, the
addition of Tysons Corner Center Mall in 1968 and Galleria Mall in 1987 transformed
the area into one of the largest major retail hubs in the United States. The recent completion
of three metro stations accessing Tysons Corner provided the possibility of a larger resident
population and an opportunity for mixed-use, transit-oriented development.
The Tysons Corner area is defined by the Capital Beltway (I-495), Chain Bridge Road
(U.S. Route 123), and the Leesburg Pike (County Route 7). The Silver Line of the Washington
Metropolitan Area Transit Authority (WMATA) currently connects Tyson Corner to the
Greater Washington Area, and it will soon connect Tyson corner to Dulles International
Airport in Loudon County, Virginia.
The Tysons Corner Shopping Center was originally built on a triangular, 85-acre site. At that
time, the Center was billed as one of America’s largest interior malls as it had 1.5 million ft2 of
retail space with all surface parking (see Exhibit 11.8).
Exhibit 11.7 Tysons Corner regional map.
By 1987, the occupancy of Tysons Corner Shopping Center was 98.8%, and sales volume
averaged a 10.5% growth rate from 1970 to 1987 (see Exhibit 11.9). A new development
partnership acquired the Center in 1987 and combined both the land and building owner-
ship.8 This partnership decided to renovate the Center and move from a Building Operator to
a Building Renovator.
The renovation plan added 240,000 ft2 of retail area by converting the truck unloading level
to useable retail space and by adding five new anchor retail sites. The addition of five parking
structures freed up 23 acres for a 250-room hotel and future office development (see Exhibit
11.10). The construction of these improvements began in 1988 and was completed in 1989.
In 2003, new owners began the planning, permitting, and leasing for the largest major
renovation at the Tysons Corner Center. Construction was completed in 2005 with the grand
re-opening of the new 350,000 ft2 wing (see Exhibits 11.11 and 11.12). The new wing
160 Part II
included a food court, restaurants, retail stores, and an 18-screen movie theater. The owners
explained that with over 20 million shoppers per year, it made more sense to expand and
renovate, rather than to redevelop the site.
In 2007, a four-phase development plan was approved for Tysons Corner Center Property
by Fairfax County that would expand the mixed-use development to six million ft2, with
2.67 million ft2 of retail. Today, this plan is almost fully built out (see Exhibit 11.13).
Georgetown. The shops are set back behind street-front retail stores, and shoppers must
come through limited entryways to the interior of the center for access. As retail market
trends shifted towards outdoor, open-air retail centers, numerous boutique shops and major
retailers moved out of Georgetown Park to the storefronts on M Street.
162 Part II
Throughout the 2000s, demand for the interior retail space continued to decline. Consequently,
the occupancy of the 20-year old, 305,000 ft2, three-storey mall continued to decline. The
interior photos in Exhibits 11.14 and 11.15 show the inside of the mall during regular operat-
ing hours. There was a rumor that a large glass window pane fell on to the lower level during
mall hours, and no one was hurt and no damage was done because no one was there!
In 2010, the Vornado REIT bought the property at auction for $61 million. From 2010
to 2014, Vornado allowed the few remaining leases to expire, and it re-marketed the space to
larger discount retailers (see Exhibit 11.16). Vornado signed leases with TJ Maxx, HomeGoods,
Michaels, and DSW. Initially, the reaction from the Georgetown community was mixed; some
were excited to have more retail options, while others worried about bringing in discount stores
to an area that has historically been high-end luxury retail. However, Vornado continued to raise
the occupancy by signing leases with credit tenants, including the DC Office of Motor Vehicles.
In August 2014, Vornado was able to sell the renovated Shops at Georgetown to Jamestown
Properties for $272.5 million!
The renovation began in 2011 and was finished in 2015 (see Exhibit 11.18).
Today, the building is fully leased, and Brookfield has returned to the Building Operations
Stage.
This is a good example of the Building Renovator’s mantra, “No problems; only
opportunities!”
Notes
1 Submarket – every real estate market is composed of several submarkets. Submarkets may be
defined by quality (Class A, B, or C office), by physical size (neighborhood, community, or regional
shopping centers), or by geographical area (central business district or suburban locations).
2 Seller-financing occurs when the seller agrees to finance part of sales price in the form of a note and
mortgage on the property. This arrangement is usually called a “purchase money mortgage.” The
seller may also be able to arrange the assumption of an existing mortgage by the Building Renovator.
3 Underwriting process refers usually to the determination of how much money can be borrowed
to finance the project. The process is based on the earning power of the property, along with the
current financial conditions in the debt market, such as interest rates, debt-coverage ratios, and
loan-to-value ratios.
4 Scope of work refers to the amount and type of construction that is expected. Renovation improve-
ments often start simple and then expand as unexpected conditions are met or new tenants want
different improvements. In these cases, the scope of work must be expanded, and the cost estimates
adjusted. This problem is usually referred to as “scope creep.”
5 Allowances are used when there is considerable uncertainty about the cost or description of certain
budget items, such as tenant improvements or environmental remediation.
6 For example, a previous owner may have fixed a leak in the ceiling by attaching a plastic waste
paper basket to the dripping pipe, thereby allowing the drip to continue and mold to grow.
7 http://realestatedevelopmentmatrix.com/textbook/res/task1/stage6/Tysons+Corner+Shopping+
Center.pdf
8 The Acquisition Memo is at the following hyperlink: http://realestatedevelopmentmatrix.com/
textbook/res/ret._1985_tysons_corner.pdf
9 http://realestatedevelopmentmatrix.com/textbook/res/task1/stage6/The+Shops+at+Georgetown.pdf
10 http://realestatedevelopmentmatrix.com/textbook/res/task1/stage6/2001+M+Street.pdf
12 Property Redevelopment
INTRODUCTION
As shown in Exhibit 12.1, the Property Redevelopment Stage is the last Stage in the traditional
Real Estate Development Process, but it is really the first Stage of the Redevelopment Process.
Property Redevelopers are much like Land Bankers, except that Property Redevelopers buy
properties with existing structures and a history of land uses. This Stage is also a relatively
passive one, as Redevelopers, like the Land Bankers, must wait for external market forces to
increase their properties’ values to the extent that they are ready to be re-zoned so that new and
different land uses can be developed.
Schematic diagram
The schematic diagram presented in Exhibit 12.2 shows the Property Redevelopment Stage
at the end of the Real Estate Development Process. Property Redevelopers must analyze
the current and future market conditions and then imagine new, productive uses for proper-
ties that have clearly outlived their existing physical improvements. Property Redevelopers
may help the general public visualize or imagine the advantages and possibilities of these
properties in light of the expected market changes. These expected changes may be public
infrastructure improvements, or private initiatives to reinvigorate the neighborhood.
Once the potential of a worn-out property is recognized and it becomes more valuable,
Property Redevelopers sell the property to Land Packagers who effectively become Property
Re-Packagers and the Real Estate (Re)Development Process starts all over again.
Most often, the role of Property Redeveloper falls to entities who inherit the properties
in one way or another. For example, municipalities inherit properties because the owners
have stopped paying the real estate taxes, or the owners have stopped maintaining the prop-
erties, which are then condemned as public hazards. In either event, the municipalities assign
the properties to public redevelopment authorities who attempt to sell the properties to
private entities who will become Land Packagers and begin the active redevelopment of the
Property Redevelopment 169
properties. In a similar manner, counties and states may also inherit abandoned properties
that need to be redeveloped. In addition, corporations and public utilities may have proper-
ties that are no longer used and need to be re-purposed. Perhaps the U.S. Department of
Defense’s Base Relocation and Closure (BRAC) is the best-known example of redeveloping
obsolete or unused military facilities by leasing them to private developers.
Box diagram
The box diagram in Exhibit 12.3 demonstrates the adage that to add value, the real estate
developer must, “Buy one thing and then sell another.”
In the Redevelopment Stage, Property Redevelopers buy a sorry, worn-out property with
little potential and sell a sorry, worn-out property with great potential. This usually occurs
when a property is underperforming and feasibility studies suggest that another type of
real estate product(s) would a better use of the site. This differs from Building Renovation
because the property not only undergoes the major renovation or reconstruction, but it also
changes use as well. To clarify, Building Renovators may convert an old department store
into a series of smaller boutique shops (the use stays the same); the Property Redeveloper
takes the old department store and converts the property into student housing (change
in use).
Venn diagram
The Venn diagram in Exhibit 12.4 shows how the Property Redevelopment Stage overlaps
with the Building Renovation Stage, as well as the Land Packaging Stage. The Building
Renovation Stage begins with hold-over tenants and ends with interim uses, which may then
be transferred to Property Redevelopers. These interim uses are helpful in reducing the
Property Redevelopers’ holding costs. Many times, the governmental agencies or authorities
will try to get the properties re-zoned or included in some type of governmental redevelopment
program, that may include financing opportunities or tax credits. Government Redevelopers
are eager to induce private Land Packagers in the redevelopment process by providing lenient
terms and prices. For example, private Land Packagers may not need to commit capital to the
project until the appropriate zoning is obtained, or until project financing is available. These
public-private partnerships are common in this Property Redevelopment Stage.
Circle diagram
The circle diagram shown in Exhibit 12.5 demonstrates how the Property Redevelopment
Stage moves to the Land (Re)Packaging Stage and the Real Estate Development Process
begins again. Once Property Redevelopers create, clarify and focus the new vision of
the property, the redevelopment of the property goes to the (Re)Packaging Stage, where the
appropriate public approvals are obtained, and planning and market studies are conducted.
Land Packagers commission various feasibility studies to show the viability and potential of
the redeveloped property.
The circle diagram illustrates that the Land Banking and Property Redevelopment
Stages share similar characteristics regarding their relationship to the Land Packaging Stage.
The main difference, though, is that Land Banking involves raw, undeveloped land and
property.
Redevelopment involves land that has already been developed and has a history of land
uses with physical improvements. In other words, once a site has completed the Real Estate
Development Process, it cannot go back to raw land in Land Banking. Instead, the site
progresses from the Property Redevelopment Stage back to the Land Packaging Stage.
Redevelopers usually work with brown field properties. In every major city, government-
sponsored redevelopment agencies are probably the largest players in this Stage, even
though they didn’t exactly “buy” their holdings from Building Renovators. Usually, the muni-
cipalities acquire the properties through tax foreclosures and assign these properties to the
redevelopment agencies to be sold.
The acquisition costs are sometimes zero as redevelopment agencies have properties
assigned to them from municipalities with the direction to sell them or move them off the
books. This is the same situation that real estate departments in a large corporation may find
themselves in when properties are no longer needed and simply need to be liquidated or sold
to other entities.
The holding costs may be substantial or minimal depending on the size and nature of the
property. Often, there are environmental concerns which must be identified and evaluated
before willing buyers can be found. Finally, there may be safety issues associated with
deteriorating or dilapidated buildings.
The sale of the property to be redeveloped may be problematic and subject to numerous
conditions to close. In any event, the sales price to the Property Redeveloper must exceed the
172 Part II
sum of the net holding costs, and the acquisition price by enough to justify the risks incurred in
the development process. This difference is the required “spread” or profit (see Exhibit 12.6).
How long it takes for the expected increase in value to happen is hard to predict as this is a
major risk in the Property Redevelopment Stage.
Redevelopment authorities
Redevelopment authorities typically control the distressed properties by having municipali-
ties assign them the responsibility of selling or disposing of the properties. Many times,
these authorities attempt to outline a redevelopment program that guides the disposition
process.
Structural engineers
Structural engineers need to evaluate the existing condition of the structure and surrounding
infrastructure in terms of the feasibility of reusing them, or demolishing them in a safe and
timely manner. Many times, deteriorated property can pose dangers for interim users or
neighbors. Structural engineers can help devise safe holding plans.
Property Redevelopment 173
Demolition contractors
Demolition contractors, who have experience in salvaging and demolishing old structures
with environmental or structural problems, are very important at this Stage. This can be a
very tricky business in dense urban areas, so demolition cannot be undertaken lightly.
Environmental experts
Environmental experts evaluate the redevelopment potential of a property as it relates to,
or is affected by, its current environmental conditions, as well as possible hazardous condi-
tions caused by previous uses. Besides the surface, subsurface, and atmospheric conditions,
these old properties could have historic or cultural significance that would impact their
redevelopment potential. Old grave sites are particularly challenging.
Neighborhood activists
The neighborhood or surrounding area will enhance or detract from the redevelopment of
a property. It is critical to have neighborhood support for whatever redevelopment is
contemplated. While, “you can’t fight City Hall,” City Hall doesn’t want to fight neighborhood
associations.
Political leadership
Political leaders need to be champions for the redevelopment of the property; these are
usually local politicians who want to improve the urban area. Without political support, the
redevelopment will never happen.
Local historians
Local historians can help uncover possible historic attributes of the redeveloped property.
This historic evaluation is important for public support. Often there are grants or tax credits
for the renovation or redevelopment of historic properties.
Attorneys
Attorneys are critical for the drafting of the risk allocation provisions of the sale of the proper-
ties. Even though property sellers may want to “wipe their hands clean” of the property,
buyers will want covenants, warrants, or guarantees that survive the sale of the property and
continue the sellers’ liability and protect the buyers going forward. Environmental liability is
particularly troublesome, as are unresolved lawsuits.
174 Part II
Land (Re)Packagers
Property Redevelopers need to identify the possible Land (Re)Packagers who can see the
potential and are willing to lead the charge for redevelopment approvals. Land (Re)Packagers
are usually in the private sector, and often there are discussions about public-private partnerships
for redevelopment projects.
The Property Redeveloper can easily commit too much cash to these acquisitions: control is
more important than ownership.
Marketing expenses
The Property Redeveloper’s challenge is to improve the development potential of the site
in the public’s eye. This is usually done with news articles published in newspapers, reported
on television, or distributed on the internet. However, Redevelopers should recognize that the
Land Packagers must be the real target of any marketing effort. Consequently, Redevelopers
cannot afford to spend too much cash on general advertising or promotion. Some Property
Redevelopers have effectively used social media as a low-cost marketing medium.5
Consulting expenses
Finally, the number of interesting studies and volume of valuable advice can overwhelm
Property Redevelopers, so they must be judicious in engaging structural engineers, historians,
environmental engineers, political lobbyists, designers, architects, and marketing consultants
with a keen sense of how the study findings will enhance the property’s redevelopment
potential.
Environmental issues
Environmental issues are always problematic and should be researched and evaluated during
the due diligence study period. Unfortunately, environmental issues can also be discovered
after closing. Some examples of possible environmental issues may be:
• the underground water table was contaminated much more than initially thought;
• the building was constructed and insulated with hazardous materials throughout;
• a valuable archeological site was discovered on the property.
St. Elizabeth’s is an historic hospital campus in Washington, DC, which has been owned
by the municipality since 1987. The District’s Redevelopment Authority is now exploring
options for private developers to redevelop parts of the property to better serve the local
neighborhood around St. Elizabeth’s and improve the economy of Washington, DC. The
“federal sequestration” effort emphasized the need for Washington to diversify the local
economy and reduce its reliance on the Federal Government as the major employer.
St. Elizabeth’s is in the southeast quadrant of Washington, DC, the most economically
underdeveloped part of the District of Columbia. It is within walking distance of the Congress
Heights Metro Station on the East Campus, and within close proximity to the Anacostia
Metro Station on the West Campus. There are also proposed transit ways by the District of
Columbia in the area that will need to be taken into account for future land development. The
East Campus was the parcel of land chosen for redevelopment.
The original 600-acres tract of land was used as agricultural farmland. In 1855, the Federal
Government opened the Government Hospital for the Insane (see Exhibit 12.7). The hospital
operated primarily as a mental institution until the Civil War, at which time soldiers were
treated there and referred to it simply as St. Elizabeth’s to conceal its traditional insane
asylum reputation. In 1916, the name was officially changed to St. Elizabeth’s. The hospital
continued to operate as a leading institution for mental health and expanded over the 1900s.
In 2010, a new hospital was completed, leaving the other historic buildings outdated and in
need of renovation.
The District of Columbia has owned the St. Elizabeth’s site since 1987, so the question
is, “Why redevelop now?” There are several compelling reasons for the property’s
redevelopment:
Property Redevelopment 179
• Excess Land. Unused parcels were physically developable and were near a metro site,
thus creating an opportunity for a transit-oriented, mixed-use development.
• Underperforming. The existing buildings were functionally and physically obsolete
as medical facilities, so they were no longer the “highest and best use” of the site. New
higher and better uses (more appropriate uses) would generate greater property taxes for
the District.
• Need for greater connection and access. Southeast DC is often viewed as the “wrong-
side-of-tracks,” so creating a new city center or urban place to promote and build the
community would benefit the existing residents and increase property values by
encouraging better housing and employment opportunities in Southeast DC.
• Diversify employment centers. The Federal Government is the largest tenant in the real
estate market in Washington, DC; it is also the major employer in the District. DC is
hoping to diversify the economy to create a richer economic portfolio, as well as mitigate
against the consequences of any future federal sequestrations or shutdowns.
Working with the District of Columbia poses many challenges, similar to those of the Armed
Forces Retirement Home and Potomac Yard when the property moves to the Land Packaging
Stage of Development. They include:
The District of Columbia engaged a planning firm to develop a Phase I Concept Plan which
specified 1.6 million ft2 of potential commercial development which included:
In early 2014, the DC Redevelopment Authority issued a Request for Proposals (RFP) for a
Phase I development of St Elizabeth’s East Campus. Phase I would encompass infrastructure,
an anchor institution, an event pavilion, interim land uses, and an innovation hub. The RFP’s
Executive Summary stated:7
buildings adaptively reused for convenient urban living, just an easy walk from the
Congress Heights Metro Station.”
The Authority included a concept master plan for 1.6 million gross square feet (GSF) of
building area to help the prospective master developers visualize the potential of this
redevelopment opportunity. The request for a master developer indicated that the District
was unsure of the Real Estate Development Process and was looking for a master developer
to effectively do everything (Land Packaging, Land Development, Building Development,
and Building Operations). This was an impossible task.
The RFP for Phase I was released on March 31, 2014, and the deadline for responses
was June 27, 2014. Five development companies responded. On September 30, 2014, the
respondents presented their proposals to the general public, and on December 29, 2014,
Redbrick LMD was chosen as the master developer.
Exhibit 12.8 is Redbrick LMD’s winning concept master plan. The most striking part
of this well-conceived plan was that the proposed density of 2.6 million ft2 of development
is 56% greater than the District’s concept plan of 1.6 million. Clearly, from the private
developer’s point of view, bigger was definitely better!
Exhibit 12.10 is an aerial photo of the 536-acre ECCA land that the City Council has re-
named Blatchford, and would like to redevelop as an example to the international community
of a sustainable place—a place that is designed to make it possible, and easy, for residents to
reduce their ecological footprint and their carbon dioxide emission by specified amounts,
while improving their quality of life.9 The ECCA lands were envisioned to be home to 30,000
Edmontonians living in a carbon neutral community that uses 100% renewable energy.
The Council used a two-stage approach to soliciting proposals. First, a Request for
Information (RFI) was issued, which emphasized an understanding of the challenges, asked
respondents to outline the quality, scope and experience of the resources of the team, along
with evidence of creativity and innovation in the field of sustainability. The RFI also included
the “Master Plan Principles” that were to guide the respondents.
There were seven main design principles:
1 Design Excellence. The proposed development must capture the spirit of its place and
showcase the best practices of exemplary world leading design. As it unfolds over time,
this community must be seen as a model for local and global design excellence.
2 Empower People. This community should meet its demands in ways that give it better
control over what it consumes. This will be a model community that empowers indi-
viduals to change their collective habits to conserve, preserve, and mindfully consume
what can be generated locally and within a net zero carbon footprint.
182 Part II
3 Reduce Consumption. Buildings must be designed for a long lifecycle and be suited to
flexibility and reuse without resorting to large-scale disposal. Waste should be seen as
resource to be reprocessed into something useful or treated to recover value or energy.
4 Offer Lifestyle Options. This new community must be a place where people choose to
live and work and where it is easy for residents to adopt a sustainable lifestyle. Choices
must be offered across all aspects of living and working, and these choices need to be
sustainable and affordable.
5 Innovate. The vision is predicated on innovation in environmental practices, social
experimentation, and in economic opportunities.
6 Measure Achievements. A clear framework and appropriate metrics must be implemented
to inform the ongoing process of design, construction, and occupation.
7 Raising the Bar. Edmonton’s vision is to expand on the successes of the leading edge
sustainable communities and raise the bar worldwide for those communities who will
follow.
Thirty-two submissions to the RFI were received from all over the world. They were
evaluated by a panel of judges who reduced the list to five respondents who were qualified
to respond to the Request for Proposals (RFP). These “preferred responders” were each
given a $50,000 honorarium to work with the city to undertake a master planning exercise
over a 12-month period.
In 2011, the City Council chose the Perkins and Will firm to prepare a master plan and
began the detailed planning of Phase I in 2013. Exhibit 12.11 shows an oblique rendering
Property Redevelopment 183
of the Perkins and Will master plan, and a video presentation of their plan can be found at
@REDM.10
The City Council had an aggressive redevelopment schedule: the official ground breaking
was in 2014, and building sites were to become available in 2017. However, the worldwide
glut of natural gas and oil prices caused a precipitous drop in prices, as well as a severe
recession in Edmonton. Ironically, the redevelopment of the ECCA land into a world-class
sustainable place will have to wait until the fossil fuel prices recover.
This case study is a good example of a city not only committing to sustainable develop-
ment practices, but also going to the trouble of actually defining what sustainable development
means, what sustainable outcomes will look like, and setting metrics and milestones to
measure the success of these goals.
the Potomac River in northern Virginia, most of Potomac Yard was claimed from the Potomac
River using fill material.
When CSX decided to change its switching yard to a more flexible location, Potomac
Yard became an excess land holding. CSX decided to decommission the 80-track rail yard
and its Central Operations area. The CSX main rail corridor was moved from the west side
Property Redevelopment 185
of the Yard to the east side, and the train-making tracks were completely removed. The flood
control bridges over Four-Mile Run were left in place. Exhibits 12.13, 12.14, and 12.15
show the decommissioned Potomac Yard.
After the decommissioning was complete, speculation began about the future use
of Potomac Yard. In 1992, Virginia Governor L. Douglas Wilder, and Redskins football
team owner, Jack Kent Cooke, arranged a press conference on the Alexandria portion of
Potomac Yard, complete with a helicopter arrival, to announce that there would be a profes-
sional football stadium constructed on Potomac Yard as the new home of the Washington
Redskins. Unfortunately, neither the Alexandria nor the Arlington local officials were noti-
fied of this announcement. The public outcry against the stadium was overwhelming, and
for the first time in modern history, the City of Alexandria and the County of Arlington
joined together to oppose the stadium development. After several weeks of media bombasts
and citizens’ letters to the editors, Jack Kent Cooke announced that the stadium project at
Potomac Yard would be abandoned because of “environmental issues.”12 Clearly, neither the
Governor nor the Redskins owner appreciated that real estate development was a public
process.
Following this Public Relations debacle, CSX created several interim land uses including
a warehouse, a rental car facility, and a big box retail center. Coincident with these activities,
CSX arranged a sale of all of its RF&P assets to the international investment banking firm,
Lazard Freres. Thus, Lazard formed Commonwealth Atlantic Properties (CAP) to take over
Exhibit 12.14 Decommissioned Arlington South Tract with flood control bridges.
Summary
The Property Redevelopment Stage is similar to the Land Banking Stage because it is a
rather passive investment position that relies on major market trends for success. However,
the Property Redevelopment Stage is also unlike the Land Banking Stage because it must
deal with a history of land uses and building structures, as well as numerous neighbors and
stakeholders. Property Redevelopers must seek out Land Packagers to actively change
the property zoning and prepare the site for Land and Building Developers. Consequently,
Property Redevelopers must identify historic and environmental issues, structural conditions
of existing structures, survey and title problems, and possible sources of capital through
various public-private partnership arrangements. Property Redevelopers are different from
Building Renovators because they actually change the use of the property.
The St. Elizabeth’s Hospital case study demonstrates how the Property Redeveloper,
the District of Columbia, can promote private involvement in the development by commis-
sioning a preliminary master plan and then requesting proposal for development (RFPs)
from several private developers. The Edmonton City Center Airport case study illustrates how
the Property Redeveloper, the City of Edmonton, attempted to create a vision for the redevel-
oped property by establishing sustainability guidelines and then engaging several qualified
planning firms to prepare competing land plans for the community to consider. Finally, the
Potomac Yard example shows how the Property Redeveloper, CSX Corporation, can set
the stage for Land Packagers by decommissioning an old railroad yard and relocating its
major rail line.
Notes
1 Purchase-money mortgages occur when the seller agrees to finance part of the purchase price as a
mortgage loan.
2 Non-recourse provisions state that in the event of default and foreclosure of the note, that the lender
will only look to the property for repayment of the unpaid obligations. In other words, the borrower
is not personally liable for repayment of the mortgage loan.
3 Deed in lieu of foreclosure provisions means that in the event of default, the lender will accept the
deed to the property as full payment of the loan obligation.
4 See endnotes 2 and 3 above.
5 The redevelopment of Atlantic Station in Atlanta, Georgia has done this successfully.
6 http://realestatedevelopmentmatrix.com/textbook/res/task1/stage7/St+Elizabeth.pdf
7 https://dgs.dc.gov/sites/default/files/dc/sites/dgs/publication/attachments/RFP-St%20Elizabeths%20
Infrastrucutre%20Phase%201.pdf
8 http://realestatedevelopmentmatrix.com/textbook/res/task1/stage7/Blatchford+Edmonton+Canada.
pdf
9 James Mckellar, Lecture presentation at Johns Hopkins Carey Business School, February 27, 2015.
10 www.youtube.com/watch?v=w33nLGlcYZ0
11 http://realestatedevelopmentmatrix.com/textbook/res/task1/stage7/Potomac+Yard.pdf
12 www.washingtonpost.com/wp-srv/sports/redskins/longterm/1997/stadium/timeline/1992/
alexaban.htm
Part III
13 Real Estate Development Tasks
An overview
INTRODUCTION
This chapter is an overview of the Real Estate Development Task groups that form the
horizontal axis on the Real Estate Development Matrix (Exhibit 13.1), which will be dis-
cussed in detail in the subsequent eight chapters. The theme of the Real Estate Development
Matrix is that property value can be increased in each cell by accomplishing certain tasks
that require special skills. In Part II (Chapters 5–12), the critical Tasks for each Stage
of development were briefly introduced as the most important Tasks to be accomplished
in that Stage. However, there are other Tasks in each Stage of Development that must also
be closely examined and resolved. The Tasks that were not listed as “critical” in Part II will
become the most critical ones if they are ignored or not dealt with directly. To better under-
stand this process, the Real Estate Development Tasks that must be addressed in each Stage
have been broken down into eight major groups:
I Acquisition
II Financing
III Market Analysis and Marketing Strategies
IV Environmental Issues
With the exception of the Acquisition Tasks and the Sales and Disposition Tasks, each Task
category requires special skills that must be mastered by real estate developers to be successful.
The Acquisition Tasks and the Sales and Disposition Tasks are very similar; they are really
two sides of the same coin. The major difference between these two Task groups is the
perspective of the developer. The Acquisition Tasks require developers to determine how
they will create value for themselves in the current Stage, while the Sales and Disposition
Tasks require developers to examine the next Stage of development and how value can be
created for the Buying Developers.
Again, with the exception of the Acquisition Tasks, and the Sales and Disposition Tasks,
these Task groups are not ranked in chronological order. Each Stage of development begins
with the Acquisition Tasks and ends with the Sales and Disposition Tasks. Effectively, the
other Tasks are accomplished simultaneously. These Tasks are related to and dependent upon
one another. Accomplishing these Tasks is messy and confusing work. Developers must
master multi-tasking and time management as they work through the Real Estate Development
Process, because they must tend to everything involved in completing multiple Tasks at the
same time!
For example, most of the Real Estate Development Tasks require permits and approvals
as well as financing, and all of the Tasks are dependent upon economic market conditions.
Finally Environmental Tasks, and Transportation and Accessibility Tasks, affect all of the
other tasks as well.
Which Task in the most important? The one that the developer didn’t do!
A metaphorical digression
Metaphorically, accomplishing these Tasks can be thought of as a mathematical programming
problem with an objective function that is optimized subject to a series of limiting constraints.
The traditional setup for math programing problems is as follows:
The Real Estate Development Process is constantly changing since it is very dynamic and
poorly specified in the sense that limiting conditions are not exact or precise. Consequently,
the objective of a real estate development is not to find the optimum solution, but to find
a solution that satisfies all of the limiting conditions. The objective function is said to be a
“satisficing” criterion, rather than an optimizing criterion.
Therefore, the Real Estate Development Process can be stated as follows:
Objective function: To find a development plan that can satisfy the requirements for
each task group.
Tasks: an overview 193
Subject to meeting the following conditions:
Acquisition
Financing
Market Analysis and Marketing Strategies
Environmental Issues
Approvals and Permits
Physical Improvements
Transportation and Accessibility
Sales and Disposition
The Task Groups are the limiting constraints that must be satisfied. When taken together,
they will hopefully define a “Feasible Set” of solutions that will meet all of these conditions.
The developer’s job is to find the Feasible Set and to stay in it. The ability of the real estate
development plan to withstand changing market conditions and remain in the Feasible Set is
a measure of the robustness of the development plan.
a Feasibility studies
b Underwriting requirements
c Contract negotiations
d Due diligence reviews
e Closing conditions
a Financial projections
b Capital formation and accumulation
c Financial management and reporting
a Off-site transportation
b On-site accessibility
c On- and off-site construction
d On- and off-site maintenance
Summary
In each Stage of the Real Estate Development Process, all of the development Tasks must
be addressed, not just the critical Tasks discussed in Part II. Each Stage begins with the
Acquisition Tasks and ends with the Disposition Tasks. The other six Tasks are not listed in
chronological order, nor in order of importance—rather, they are accomplished in an iterative
manner, so that in the end, these Tasks are achieved almost simultaneously.
14 I. Acquisition Tasks
INTRODUCTION
Each Stage of the Real Estate Development Process is comprised of eight groups of
Development Tasks. To accomplish these Tasks, the developers must have a keen sense
of their goals and objectives. They must answer the question, “What are we looking for?”
Like the old saying goes, “If you don’t know where you are going, any road will get you
there.” To understand what a good deal or opportunity would look like, developers must
establish criteria with which to evaluate the opportunities, and employ a strategy to seek out
and identify attractive properties.
The developers must think of the Acquisition Tasks as an opportunity to do the following:
• Acquire a property with an attractive price and acceptable terms and conditions;
developers must evaluate the transaction costs.
• Add economic value to the acquired properties by successfully completing critical
Tasks. Developers must identify exactly what critical Tasks can create value and
determine if they can accomplish those tasks.
The Acquisition Tasks require developers to determine if they have the abilities, resources,
and temperament (physical, emotional, and financial), to assemble a team to accomplish the
required Tasks, as well as the wherewithal to bear the risks associated with these tasks.
To clarify, the Acquisition Tasks may cause developers “to pass” or not to buy potential
development properties, but the process of evaluating these properties as possible acquisitions
is important.
In the same manner, the Disposition Tasks (the last Task group in every stage of the Real
Estate Development Process) may lead to the decision to not sell the properties and to carry
forward into the next stage of development. Again, it is important to evaluate the disposition
of the properties and the capturing of the value created. Even if developers do not want to
sell the property, they must undertake the Acquisition Tasks for the next stage and objectively
answer the question, “Would I buy this property if I didn’t already own it?”
Often, the Acquisition Tasks are broken down into five subtasks:
a Feasibility studies.
b Underwriting requirements.
c Contract negotiations.
d Due diligence reviews.
e Closing conditions.
Many real estate professionals use the terms “feasibility studies,” “underwriting require-
ments,” and “due diligence reviews” interchangeably. However, this can be confusing, and
the buyers and sellers need to agree on what they are talking about. In general, “feasibility
studies” are done in conjunction with nonbinding letters of intent; “underwriting require-
ments” relate to the financing of the real estate; and “due diligence reviews” are conducted
after a contract has been negotiated, but before closing occurs.
a. Feasibility studies
The “feasibility” of a project is determined by many different studies. These studies are done
by many different kinds of professionals, all of whom like to declare whether or not the
project is feasible. Feasibility studies of all kinds are usually done early in the acquisition
process. Often in a nonbinding Letter of Intent (LOI), prospective developers who want
to buy a property are given a “free look period,” during which time they are expected to
undertake the various types of feasibility studies.
Market feasibility
Current market conditions must be determined and evaluated as a baseline from which to
evaluate what future market changes can make the proposed project successful, or unsuc-
cessful. The basic metrics include:
While this market data is imperative, the real challenge is to estimate and predict future
market conditions. The market feasibility study must determine how much the future market
conditions must improve to make the proposed development successful and/or how much the
future market conditions can deteriorate, before the proposed development is unsuccessful.
Financial feasibility
The financial feasibility of a proposed real estate development combines the estimated costs
from the physical and engineering studies, with the expected future market conditions, to
determine if the anticipated profitability meets the developers’ financial profit and investment
criteria.
There are many measures of profitability. The Gross Profit or Gross Margin is simply
the difference between the expected Total Revenues generated by the development, and the
Total Costs of the development divided by the Total Revenues:
This is a measure of the total return without adjustment for the time value of money.
A similar return is the Overall Return, which is defined as the difference between the Total
Revenues and the Total Costs divided by the Total Costs:
This Overall Return is often referred to as unlevered cash-on-cash returns. It is also compared
to a market-derived Overall Capitalization Rate. The difference between the Overall
Capitalization Rate and the Overall Return is called the “spread” by Building Developers.
198 Part III
Developments with relatively short time periods, such as 24–36 months, are usually
evaluated using Gross Profit measures or Overall Returns.
Developments with longer time periods are often evaluated using time-weighted annual
returns, such as internal rates of return4 or net present value calculations.5
The basic question to be addressed is, “Do the anticipated future benefits exceed the expected
future costs?,” or in other words, “Do the expected returns justify the risks incurred?”
An interesting controversy is the role played by the developer’s profit and whether or
not it should be considered a return on investment, or a return on labor, or the cost of doing
business. The point of view of this book is that developers need to earn a profit, which means
that the cost of capital (both debt and equity) is a cost just like the cost of lumber. Therefore,
the present value of the future benefits must exceed the present value of the future costs so that
a minimum developer profit is achieved. If the Net Present Value equals zero (cost = benefits),
then the project would be deemed “not feasible” since the developer’s profit would be zero.
was discussed in Chapter 2, and who literally worked out his developments on the back of
used envelopes that he carried in his vest pocket. This BOTE approach compares the
expected Net Operating Income to the Total Development Costs by calculating the “Return
On Total Costs” and then compares this rate to the Overall Capitalization Rate that similar
and completed properties are selling for in the market. The Building Developer compares the
spread, or difference between these two rates, to determine if the expected profit justifies
the risk of undertaking the development.
b. Underwriting requirements
The underwriting process usually focuses on the ability of the project to attract enough
capital, both debt and equity, so that it can be adequately financed. The basic question to be
answered is, “Can sufficient capital be attracted to this project given the risk and returns of
the development?” The underwriting process requires developers to consider both the
required financial rates of return on capital and the availability of the capital.
The required rates of return on debt capital include interest rates on the following types of
debt capital:
Lenders can raise the “effective” interest rate by requiring the borrowers to pay origination
fees or “points.” This is a common practice and should be considered by developers.
Exhibit 14.4 International Plaza IV Back of the Envelope feasibility.
Exhibit 14.5 Phipps Back of the Envelope feasibility.
204 Part III
The availability of debt capital is usually determined by the lenders’ specified debt-
coverage ratios and loan-to-value ratios. Also, lenders may require developers to provide
personal guarantees or other credit enhancements.
The required rates of return on equity capital are usually quoted as annual cash-on-cash
rates of return11 or as internal rates of return that include each year’s cashflow, as well as the
anticipated sale proceeds at the end of a specified holding period.12
The amount of available equity capital may be determined by the percentage of equity
capital compared to percentage of debt capital, the expected equity payback period, or the
possibility of preferred returns on specific classes of equity capital.
In the underwriting process, the developer must also identify various sources of capital to
determine their willingness to invest in the project. The sources may include:
• commercial banks;
• life insurance companies;
• pension funds;
• venture capitalists;
• wealthy individuals;
• property sellers.
c. Contract negotiations
The negotiations between Buying Developers and Selling Developers usually begin with a
nonbinding Letter of Intent (LOI) which sets out the price of the properties being acquired,
as well as the general terms and conditions of the transactions, including a “study period”
that allows Buying Developers to complete their feasibility studies, as well as the under-
writing process. These are non-technical and simply written documents, but they should
capture the areas of agreement, as well as the areas of disagreement, and suggest a basic
timeline for the deal. LOIs can be prepared by either the buyer or the seller. The more formal
purchase contract (or Purchase and Sales Agreement) for a property requires the buyer to
consider many additional factors surrounding the contemplated transaction, as well as a good
faith deposit. The purchase contract defines how the title, control, monies, and associated
risks are transferred from the seller to the buyer.
• Tenant leases.
• Operating agreements.
• Books and records.
• Maintenance agreements.
Because of the extensive nature of these representations and warranties, such as the
representation that “there are no violations of federal, state, or local environmental law
or regulations,” the sellers often use qualifying language that includes “to the best of my
knowledge.”
• The contract must clearly define and identify the selling entities, as well as the buying
entities.
• The contract must address if the contract can be transferred or assigned to other parties.
Many times, these entities may change during the contract period.
Pre-closing conditions
The contract must specify what conditions need to be met before the closing will occur, as
well as what happens if these conditions are not met. The contract may require the completion
and approval of inspection reports, property surveys, title insurance with exceptions, and
financing arrangements.
I. Acquisition 207
Examples of pre-closing conditions
A common and recommended condition to close a transaction is the approval by a review
board of some kind. This may be a Board of Directors, an Investment Committee, a Partnership
Review Committee, or an Advisory Board. While this may seem like an additional bureaucratic
hurdle to close a transaction, it is rational and prudent to review the entire transaction in a
considered manner with a documented report. Small development companies may resist this
formality, but their larger competitors will use these boards to protect their owners, investors,
and stakeholders.
Crescent Resources used an Investment Committee to approve small and medium-sized
deals, and large deals had to go to Duke Energy’s Board of Directors. “White Papers” were
prepared for these approvals. The USF&G Insurance Company employed an Investment
Committee to review and approve proposals for equity and debt proposals. These were
simply referred to as “Investment Reports.”
Some of these time constraints may involve a “free look” time period for feasibility studies,
a time period for the buyer or seller to obtain certain permits or government approvals, or
time periods for the seller to reach certain leasing or occupancy thresholds.
Post-closing conditions
Many times, there are contract conditions that extend beyond the closing date. For sellers,
these may include the completion of certain infrastructure improvements such as roads,
sewers, or a storm water management pond. For buyers, these post-closing conditions may
include providing certain performance guarantees to public authorities or to private entities,
as well as possible future financing obligations.
• Legal. Includes surveys, title encumbrances, title insurance exceptions, leases, option
contracts, zoning, and subdivision restrictions.
• Physical. The physical dimensions of the land and improvements, number of units,
structural capacities, soil conditions, environmental issues, building inspections, and
plans and specifications (including “as-built” drawings).
• Financial. Loan commitments, note and mortgage documents, estoppels, letters of
credit, and existing and required bonds.
• Market. Current and future rental rate projections, current and future operating expenses,
projected capital expenditures, market capitalization rates, selling prices, and leasing
and sell-out absorption schedules.
Effective due diligence reviews do not make assumptions; they verify and confirm them.
While limiting assumptions are a common practice by professionals conducting feasibility
studies, no limiting assumptions are allowed in an effective due diligence review. Therefore,
effective due diligence reviews do not allow excuses such as “not enough time,” “didn’t
know the difference,” or “not my field.”
I. Acquisition 209
Effective due diligence reviews confirm that there is a reasonable probability that this
acquisition will meet or exceed buyers’ real estate development expectations and investment
objectives. Ideally, the due diligence review is completed before the good faith deposit
becomes non-refundable.
e. Closing conditions
Prior to closing, all the required conditions to close must be met, such as title insurance,
surveys, reports, studies, and governmental approvals. Also, all the required documents must
have been prepared, reviewed, and executed, such as deeds, notes, mortgages, guarantees,
and closing statements.
Prior to closing, it is imperative that the post-closing obligations for buyers and sellers are
defined, documented, and guaranteed, such as road completions, utility extensions, municipal
proffers, and performance assurances.
Finally, the required capital for closing must be transferred, such as loans to be funded,
equity commitments to be deposited, and existing loans to be repaid. Wiring instructions
(to whom and when the capital is transferred) must be accurate and confirmed. There are
always glitches in the transfer of funds, which is why closings are never scheduled on
Fridays!
Seller financing is another strategy for developers to acquire properties with a limited
amount of capital and limited liability exposure. Seller financing is an arrangement between
the seller and purchaser, where the seller accepts a note and mortgage from the purchaser as
part of the sales price. Often the note and mortgage provide for default arrangements that
include a deed in lieu of foreclosure. Seller financing is often referred to as a “purchase
money mortgage.”
Summary
The Acquisition Tasks force developers to look forward to the future and determine whether
or not the three commandments of the Real Estate Development Process are being met:
As Exhibit 14.7 shows, the Acquisition Tasks require a “top down” and a “bottom up”
decision algorithm. That is, developers’ goals and objectives are used to identify specific
properties for possible acquisition, then the properties’ characteristics and development
plans must be measured against these goals and objectives. Throughout the acquisition
decision process, the developers must continually ask themselves the question, “Can we
really do this?”
I. Acquisition 211
Notes
1 The “cost to create” is defined as the sum of acquisition costs, holding costs, and development costs
that the developer incurs.
2 The “total value created” is defined as the present value of the future benefits that the developer
expects to receive. In real estate, value is further defined as the sum of the present value of annual
benefits and the present value of the reversionary benefits.
3 Marginal value is defined as the total value created, minus the total cost to create that value.
4 The Internal Rate of Return is that rate of discount which will equate the original cost of the
investment to the present value of the expected future benefits.
5 The “net present value” of a project is calculated by subtracting the present value of the cost of the
project from the present value of the benefits of project, where the present values are calculated
using an appropriate risk-adjusted rate of discount.
6 The annual “cash-on-cash return” for equity capital is also referred to as the “equity dividend rate”
by real estate appraisers. It is calculated by dividing the annual cashflow after financing by the
outstanding equity investment.
7 http://realestatedevelopmentmatrix.com/textbook/res/3.9.14_greensboro_grove_report.pdf
8 http://realestatedevelopmentmatrix.com/textbook/res/bote_for_land_bay_a.xls http://realestate
developmentmatrix.com/textbook/res/bay_a_fin_info__may_26.xls
9 http://realestatedevelopmentmatrix.com/textbook/res/bote_international_plaza_four.xls
10 http://realestatedevelopmentmatrix.com/textbook/r0es/phipps_bote.xls
11 The annual “cash-on-cash return” for equity capital is also referred to as the “equity dividend rate”
by real estate appraisers. It is calculated by dividing the annual cashflow after financing by the
outstanding equity investment.
12 The “internal rate of return on equity” is defined as that rate of discount that will equate the present
value of the annual equity cashflows and the equity reversion to the initial equity investment.
13 http://realestatedevelopmentmatrix.com/textbook/res/phipps_tower_memo.pdf
14 http://realestatedevelopmentmatrix.com/textbook/res/westfield_loi.pdf
15 http://realestatedevelopmentmatrix.com/textbook/res/9-4-07Letter_IntentCabin+Mountainclean.
pdf
16 http://realestatedevelopmentmatrix.com/textbook/res/potmomac_yard_acquisition_oct_2000.pdf
17 http://realestatedevelopmentmatrix.com/textbook/res/int._pl._iv_white_paper_10_16.pdf http://
realestatedevelopmentmatrix.com/textbook/res/Phipps+Investment+11-5-07.pdf
18 http://realestatedevelopmentmatrix.com/textbook/res/war_1988_silo_bend.pdf http://realestate
developmentmatrix.com/textbook/res/war_1989_silo_bend_ii.pdf
19 http://realestatedevelopmentmatrix.com/textbook/res/ofc_1988_greenbrier_towersiii.pdf
20 Over-due diligence occurs when the buyers regret their acquisition decision by lamenting, “I wish
I knew then what I know now!”
21 Do-do diligence occurs when the buyers or their team must clean up the messes (or do-dos) that
occur after closing when the due diligence review was not conducted properly and thoroughly.
22 http://realestatedevelopmentmatrix.com/textbook/res/Due+Diligence+Checklist+.pdf
15 II. Financing Tasks
INTRODUCTION
The Financing Tasks are highlighted in the Real Estate Development Matrix in Exhibit 15.1.
While each Stage of the Real Estate of Development Process begins with the Acquisition
Tasks and ends with the Disposition Tasks, the groups of Tasks in between are done simulta-
neously and in no particular order. Thus, while the Financing Tasks are listed second, they are
not necessarily the second most important, nor the second group of Tasks to be completed.
All of the Tasks are related to each other in one way or another.
The Financing Tasks are closely related to the Acquisition Tasks because the property
cannot be acquired unless the required capital is raised for the acquisition. The Financing
Tasks require developers to determine the amount and type of capital required to fund
the initial acquisition, as well as the interim holding costs, the completion of the required
tasks, and the eventual disposition of the development property. Developers then must
determine the most efficient method to raise the required capital and then actually raise the
capital. Finally, the funds must be accurately accounted for. It should be noted that each
Stage of development requires specific Financing Tasks to accommodate the specific critical
a Financial projections.
b Capital formation and accumulation.
c Financial management and reporting.
a. Financial projections
Developers must estimate the amount and timing of projected capital expenditures and
expenses. This discussion does not differentiate between expenditures and expenses as used
in tax-accounting terms. Rather, these are all uses of funds that must be considered. Financing
and accounting professionals usually compile a financial table called a Sources and Uses of
Funds Statement. Real estate developers must first determine how the funds will be used and
next determine appropriate sources from which to obtain these funds.
Belgate @REDM2
The Belgate Land Development project in Charlotte, North Carolina, is a good example of
how specific, key assumptions drive financial projections.
Belgate is a 164-acre land development at the corner of I-85 and City Boulevard in
Charlotte, North Carolina. The projected sales, holding costs, and development expenditures
are shown on the website.
The construction of the land development improvements and the sales of the finished lots
are expected to occur over a five-year period. Financial projections for land developments
begin with projected sales timing and amounts. The Land Developer expects to sell an inven-
tory of finished lots, and the expected timing of the sales drives the construction schedule of
the infrastructure improvements. In this example, a building lot has been pre-sold to the
Swedish retail firm, IKEA. This is the first land sale that will stimulate the future sales. The
other building lots must be served by roads and utilities before they can be sold, so the physi-
cal construction must begin prior to the expected sales date. These are key assumptions that
drive the financial projections. Also, marketing costs are directly related to the sales events,
and the interim holding costs are determined by the outstanding land balance. The projec-
tions in the example are before any financing considerations, so the Land Developer uses an
internal rate of return on total capital (IRRTC ) as the time-weighted measure of profitability.
The expected IRR TC in this case is 20%, which is considered an acceptable rate of return for
the amount of risk. Essentially, the developers are looking for a spread between the IRR TC
and the developer’s (weighted average) cost of capital. The developers also use a simpler
measure of profitability, the Gross Margin.3 In this case, it is also acceptable, at 15% (see
Exhibit 15.4).
Sources of loans
• Construction loans: provided by commercial banks or savings and loan institutions that
have a specialized Construction Loan Department.
• Permanent loans: provided by insurance companies, pension funds, sovereign wealth
funds, or other long-term investors.
II. Financing 219
Interest rates
• Construction loans: variable interest rate that accrues during the term.
• Permanent loans: fixed interest rate that is paid currently as it is earned.
Loan amount
• Construction loans: based on observable and verifiable physical improvements.
• Permanent loans: based on loan-to-value and a debt coverage ratios.
Payments
• Construction loans: payments are not made until the loan matures (hopefully the end of
the construction period).
• Permanent loans: payments are paid monthly at a fixed amount that includes an
amortization (repayment) factor.
Loan balance
• Construction loans: the loan balance increases as draws are made and interest accrues
during the loan term.
• Permanent loans: the loan is partially amortized (reduced) over the term of the loan.
220 Part III
Terms
• Construction loans: terms are measured in months and are based on the construction
period and the lease-up (or sell-out) periods.
• Permanent loans: terms are measured in years, usually ten years or more.
• Mini-perm loans are construction loans that convert to permanent loans for two–five
years after the construction is complete.
Guarantees
• Construction loans: require a personal guarantee or a completion guarantee at a minimum.
• Permanent loans: secured only by the property (non-recourse) and limited personal
guarantees, if any.
Funding holdback
• Construction loans: funds are dispersed after inspections in conjunction with a construc-
tion schedule and in accordance with approved plans and specifications.
• Permanent loans: after initial funding, common holdbacks include tenant improvements
and commissions for unleased space, as well as economic earn-outs based on income
thresholds.
Commencement
• Construction loans: commence immediately as construction draws are approved.
• Permanent loans: are forward committed to future performance levels, like construction
completion or lease-up levels.
Tri-party agreements
• Often the developer, the construction lender, and the permanent lender enter into a binding
three-party agreement that commits the permanent lender to fund the permanent loan
when certain conditions or milestones are met. Tri-party agreements are most common
when the Building Developer expects to continue to the Building Operations Stage.
Possible conflicts
When the construction loan is replaced by the permanent loan, three conditions may occur:
1 If the amount of the construction loan equals the permanent mortgage, then the
construction loan is paid off and the developer begins to make monthly payments.
2 If the construction loan is greater than the permanent mortgage, then the developer must
use outside funds to pay off the construction loan. These additional funds may come
from gap mortgages, mezzanine loans,10 or equity contributions.
3 If the construction loan is less than the permanent loan, then the developer may use
the excess funds to establish operating reserves, pay cumulative preferred returns to the
equity partners, repay the equity partners, or distribute the proceeds to the equity
partners.
II. Financing 221
Seller financing alternatives
Developers, especially those in the Land Banking, Land Packaging, and Property Renovation
Stages should look to the sellers as a source of funds to acquire the property. This is particu-
larly appropriate if the property is difficult to finance, or the developers have limited equity
capital sources. There are numerous ways for sellers to provide financing for developers.
Each financing scheme has positive and negative aspects, but developers should be aware
that their legal status and corresponding liability can change dramatically with each scheme.
Land lease
A land lease can be used to effectively finance 100% of the leased property. The Buying
Developer becomes the lessee (or tenant), and the seller becomes the lessor (or the landlord).
The lease agreement defines the rights and responsibility of each party.
Option agreements
The option agreement can be part of a land lease or a standalone document which gives
buying developers (the optionees) the right to purchase the property from the sellers
(optionor) at a specified time or time period, and at a specified price and terms. The option
price may be fixed, defined, or set formulaically. Often, a first right-of-offer accompanies an
option agreement.
Land contract
A land contract specifies what the buyer’s payments will be and under what circumstances
the title to the property will pass from the seller to the buyer.
Equity capital
The required amount of equity capital for a real estate development is basically the difference
between the total uses of funds and the available debt capital. Developers do not necessarily
need to be the source of equity capital; rather it is the developers’ task or responsibility to
raise the required equity capital. Developers may choose to be equity capital contributors,
but the development should be viable without the developers’ equity capital.
222 Part III
Developers usually raise equity capital by contacting various possible equity investors. These
may include past investors, wealthy individuals, pension funds, venture capital firms, cash-
rich companies, or as a last resort, friends and families. The critical factor is to match the equity
investors’ objectives to the real estate enterprise’s expectations. For example, an elderly couple
requiring regular monthly checks to live on would not be a good candidate to be an equity inves-
tor in a Land Banking Stage of development because of the lack of regular, periodic payments.
Equity investors typically invest in real estate developments through some kind of part-
nership agreement(s). These agreements may be general partnerships, limited liability
partnerships, or limited liability companies. These agreements state how and when the equity
capital is contributed to the partnership and under what terms and conditions the equity returns
are distributed to the equity partners. There may be different classes of partners with different
distribution preferences, and there may also be requirements for the partners to contribute
additional funds or make loans to the partnership
Developers should seek out knowledgeable, skilled, and experienced equity partners and
always remember that there is such a thing as “patient money.”
Because the portfolio was 87% occupied, there were tenant improvement and leasing
commission holdbacks for unleased, first generation space.
The loan prohibited secondary financing on the collateralized properties, and if an individual
building was sold, the “partial sale clause” required that all proceeds had to be used to pay
down the portfolio loan balance. The loan agreement also provided for a yield maintenance
provision in the event that an entire loan was sold or refinanced.
This is also a good example of a Building Operator creating value by refinancing mortgage
loans and reducing the interest expenses, thereby increasing the after-financing cashflow to
the equity provider.
These people need to be identified, vetted, hired, and monitored. It is imperative to have
correct names, working phone numbers, e-mail addresses, USPS addresses, and physical
addresses.
Every budget and schedule needs to identify who does what, and when. Communication
conventions and protocols need to be established up front to ensure timeliness and minimize
misunderstandings.
There are reports on marketing activity, development progress, and building operations,
as well as revenues and expenses. Regular and accurate reports must be submitted to the
following:
Annualized budgets must be based on monthly or quarterly reports that compare actual
performance to budgeted expectations as variances. The most accurate, but meaningless,
budgets are those which are done at the end of the year for which they are made. Don’t do
this. Budgeting is a continuous activity. If the initial budgets are inaccurate, they should be
226 Part III
revised and duly noted as revised budgets. Budget reports help set expectations and improve
performance.
Summary
The Financing Tasks require developers to project future capital needs, raise the required
capital for the project, and to report on the status and progress of the Real Estate Development
Process in a timely fashion. All of these responsibilities require professionals with specialized
skills. Consequently, developers must view these Tasks as “people problems” and not just as
“number problems.” Making future predictions of revenues and expenses is a thankless and
unrewarding task. Like weather forecasters, developers are always wrong. However, these
predictions must be made, and their accuracy must be reported. The honesty and integrity of
the developer depends on this. Good developments have good accounting!
It is also imperative that developers match the sources of funds to the uses of funds, so that
the variability of the actual events in the real estate enterprise can be supported by the capital
structure. The creation and maintenance of adequate capital reserves cannot be over-
emphasized. Negative cashflows must be addressed immediately throughout the Real Estate
Development Process.
Notes
1 http://realestatedevelopmentmatrix.com/pages/skills.html
2 http://realestatedevelopmentmatrix.com/textbook/res/Belgate+Proforma+Consolidated+Belk+
Tract+02.20.07.xls
3 The “Gross Margin” is defined as the difference between the total sales and total costs divided by
the total sales.
4 http://realestatedevelopmentmatrix.com/textbook/res/2002e_land_development_model_concept_
plan.xls
5 This old saying is appropriate for Land Developers, especially with large projects, “If you don’t
know where you are going, any road will get you there.”
II. Financing 227
6 http://realestatedevelopmentmatrix.com/textbook/res/Piedmont+Example+2.xls
7 A monetary default of a loan, like missing a mortgage payment, can be cured by making the
required payments and penalties. However, a status default of a loan, like exceeding a maximum
loan-to-value ratio, is much more difficult to cure because the borrower must reduce the outstanding
loan amount to comply with the loan-to-value ratio.
8 Interest Rate Caps are a loan provision in an adjustable rate mortgage that limits the increase in the
rate of interest at each anniversary date of the rate change.
9 Interest Rate Floors are a loan provision in an adjustable rate mortgage that limits the decrease in
the rate of interest at each anniversary date of the rate change.
10 Mezzanine Loans cover the gap between the first mortgage debt on the property and the equity
investment. This is not a secured mortgage on the property, but is secured by the investors’
equity partnership ownership of the property. William Brueggeman and Jeffrey Fisher, Real
Finance and Investments, McGraw Hill, 5th Edition, p. 424.
11 http://realestatedevelopmentmatrix.com/textbook/res/just_the_facts_mar_19_clarified.xls
12 http://realestatedevelopmentmatrix.com/textbook/res/ofc._1984_bent_tree.pdf
13 http://realestatedevelopmentmatrix.com/textbook/res/ret._1984_howell_mill_square.pdf
14 http://realestatedevelopmentmatrix.com/textbook/res/duke_industrial_portfolio.pdf
15 http://realestatedevelopmentmatrix.com/textbook/res/annapolis_waterfront_hotel.pdf
16 http://realestatedevelopmentmatrix.com/textbook/res/dbk_potomac_yard_land_valuation_
analysis_11-20-02.xls
16 III. Market Analysis and Marketing
Strategies Tasks
INTRODUCTION
The Market Analysis and Marketing Strategies Tasks are critically important and must be
done in conjunction with the other Tasks by the marketing team (see Exhibit 16.1). As
always, each Stage of development begins with Task Group I. (Acquisitions) and ends with
Task Group VIII. (Disposition). The Task Groups II. through VII. are done simultaneously
as they are all related to each other. The Acquisition Tasks included a market feasibility
study, but now developers must determine what do to, when do to it, and who should do it.
The Market Analysis and Marketing Strategies Tasks begin at the site level, expand to the
broader real estate markets, then focus on the smaller submarkets, and finally narrow down
to competitive properties. The overriding question is, “How do developers exploit or capture
the perceived market opportunities?”
The Market Analysis and Marketing Strategies Tasks are sometimes confusing because
developers in a given Stage of development must sell the opportunity to developers in the
next Stage of development. However, both sets of developers need to understand the needs
of the end-users in the Building Operations Stage.
Market Analysis and Marketing Strategies Tasks can be divided into five categories that
include many subtasks.
James Graaskamp, in his ULI monograph, Fundamentals of Real Estate Development, refers
to marketing as the “key to development.”1 This monograph is recommended to all develop-
ers and students of real estate development as essential reading. Graaskamp’s commentary
and insights are as fresh and relevant today as they were 30 years ago.
The development plan was to construct all of the infrastructure for Arlington, so all of the
land bays could be sold. In order to understand the land development needs of the new
uses and the timetable associated with their building development, Crescent had to deter-
mine how to market four land bays to Building Developers who could build and market
residential products that could be rental apartments or residential condominiums. In addi-
tion, the amount of space could not be sold or developed all at once without overwhelming
the market. Finally, Crescent knew that the Building Developers would want Crescent
1 Sell the 101-acre site to NGA with the right to develop the 1.2 million ft2 project for $44
million.
2 Sell the 101-acre site to NGA without the right to develop the 1.2 million ft2 project for
$55 million.
3 Develop the 1.2 million ft2 project on a turnkey basis and lease it to NGA for 20 years at
an annual net rental rate equal to 11% of total development costs.
The NGA responded that it was very interested in the third option and asked Crescent to
prepare a site plan that met its space and security needs. Crescent prepared a site plan that
satisfied the Level V security requirements, as well as its current and future office needs. See
Exhibit 16.3, NGA site plan.
After several meetings with NGA and incurring extensive design and architectural
expense, Crescent was informed that the NGA had decided to stay where it was. Essentially,
Crescent was used as a negotiating strawman by the NGA to negotiate a better deal at its
current location.7
III. Market Analysis & Marketing Strategies 233
However, it is also important for developers to network with local human beings such as:
The large, open dot on the cycle graphs indicates when existing rents justify new construction.
the future economy of Las Vegas is tied to the entertainment and hospitality industry as Las
Vegas sells entertainment to visitors from outside of Las Vegas.
The industry forecasts are then converted to jobs, which are then converted to households,
which are then converted to a demand for office space, retail stores, houses, and apartments.
Clearly, these industry forecasts can be very wrong and overwhelmed by national and
international events, as evidenced by the Great Recession and the collapse of the banking
industry (nationally and internationally).
Also, delineating local markets can also be tricky. For example, the Washington, DC,
market is part of the greater Metropolitan Washington Market, which is part of the Baltimore-
Washington Metropolitan Area, which is part of the Boston-Washington megalopolis.
For product-type analysis, start big and work into smaller submarkets
As shown in Exhibit 16.7, the market analysis should begin at the larger metropolitan level
(Greater Washington, DC, metropolitan area) and then reduce to smaller submarket analysis
(Northern Virginia). Sometimes, these submarkets need to be further reduced to even smaller
sub-submarkets (Fairfax County).
The product analysis should include key economic indicators for the past five years. It is
important to know where the market has been, to determine where the market is going.
(Remember the real estate cycles.) Key indicators include:
III. Market Analysis & Marketing Strategies 237
• existing inventory;
• occupancy rates;
• occupied space;
• annual absorption;
• rental rates;
• sales prices;
• capitalization rates.
Exhibit 16.8 demonstrates the key economic indicators for industrial/flex space in Fairfax
County, Virginia. However, even though information about what has been happening in
the market is readily available, predicting future market conditions is still very difficult.
Forecasting future job growth and corresponding household creation is important on the
demand side of the analysis.
On the supply side, the projects that are under construction are readily observable and
called “the pipeline.” These projects (unless abandoned) will usually be put in service over
the next three years. But the projects that are planned (and sometimes permitted) may or may
not be started, and therefore they may or may not be future competition.
Exhibit 16.9 demonstrates the projections for three and seven years in the future. Any future
predication or forecast will be wrong, so developers must determine if they can live with
deteriorating market conditions or improving market conditions—for example, an increasing
job growth projection is very good for the construction and sale of industrial and flex
buildings. However, this improving demand may be met with ruinous competition as several
large multi-phase projects could start in the near future.
Competitive characteristics
The characteristics of the proposed project should be compared to its competitors based
on the characteristics that the market participants use to evaluate the property in the future.
The following matrix is an example of competitive property comparisons.
Exhibit 16.10 is an example of a ranking system that uses seven characteristics and a scale
of 1–5 so that a perfect score would be 35. The percentage of the individual property score
(out of the most possible points) gives an idea of the market attractiveness, compared to the
others, as well as the proposed property.
• ground breaking;
• ribbon cutting;
• award presentations;
• holiday celebrations.
• brochures;
• space planning aids;
• give-aways;
• banners.
When Crescent acquired the 101-acre site in the Westfields Corporate Park, it prepared a
three-page brochure to advertise and promote the first office building that it proposed
to build.
This brochure includes an architect’s rendering of Commonwealth Centre One, along with
the basic building specifications. This advertising piece was used mostly as a “leave behind”
after the developer or leasing agents visited a prospective tenant.
Another example of promotional materials is to have the building tenant prepare a
promotional brochure. The U.S. Environmental Protection Agency prepared a brochure that
promoted its occupancy in a new green office building. The four-page brochure, “Sustainable
Buildings and the EPA: One and Two Potomac Yard,” described 12 green building features
and highlighted seven building achievements.
The brochure also discussed the challenges of building a LEED-certified, speculative
office building. The last paragraph emphasized that thanks to a team of eight LEED
Accredited Professionals working together, “The building was able to attain the sustainable
attributes (described) in this report while maintaining reasonable costs and schedules.” Of
course, the brochure was printed on 100% post-consumer, processed chlorine-free recycled
paper, with vegetable oil-based inks! All things considered, the best endorsement of a
successful building development comes from satisfied and happy building users.
Electronic advertising
Electronic advertising can be incredibly efficient and informative, as well as ineffective and
expensive. Electronic advertising must be specifically targeted to the project and the potential
user, rather than as demonstrations of the programmers’ prowess. Electronic advertising
examples include:
• Making lots of “good mistakes” means that developers will systematically underestimate
the profitability of the project and consequently will always be the low bidder for a new
project.
• Making lots of “bad mistakes” will mean that developers will systematically overestimate
the profitability of a project and will consequently pay too much for it and eventually go
broke.
Therefore, developers need to make their “best guesses” of the future events and then
evaluate the consequences of being wrong. This type of forecasting future market conditions
is called “scenario analysis.” Scenario analysis requires developers to make pessimistic, as
well as optimistic, assumptions about future market conditions. Optimistic scenarios will
make developers smile, but they don’t cause worries. However, pessimistic scenarios should
be taken very seriously as they will indicate the level of risk in the project. If market
conditions deteriorate, developers need to determine what can be done to avoid disastrous
loan defaults, negative cashflows, or bankruptcy.
Summary
The Market Analysis and Marketing Strategies Tasks require skilled and knowledgeable
market analysts. Developers need to reach out to professionals outside of their company to
participate in the market analysis and strategy and to be part of the marketing team. The
III. Market Analysis & Marketing Strategies 243
overwhelming abundance of data in our electronic and connected marketplace forces devel-
opers to critically analyze relevant trends and emerging market changes. The Market Analysis
and Marketing Strategies Tasks are performed continuously throughout the Real Estate
Development Process. The results of these tasks affect every other set of development Tasks.
Notes
1 Graaskamp, James A. Fundamentals of Real Estate Development, Washington, DC: ULI–The
Urban Land Institute, 1981. p. 23.
2 Boyce, Byrl, ed. Real Estate Terminology. Cambridge, MA: Ballinger Publishing Co., 1975.
3 Graaskamp, James A. Fundamentals of Real Estate Development, Washington, DC: ULI–The
Urban Land Institute, 1981. p. 11.
4 http://realestatedevelopmentmatrix.com/textbook/res/arl._res_loi_sum_8_bidders.xls
5 The “execution risk” refers to the possibility that the Building Developers cannot accomplish the
necessary tasks for a successful project. In other words, they can’t do what’s got to be done!
6 http://realestatedevelopmentmatrix.com/textbook/res/NGA+letter+of+Intent.pdf
7 Sometimes you get the bear; sometimes the bear gets you!
8 http://realestatedevelopmentmatrix.com/textbook/res/Mueller+-+Black+Creek+-+2nd+Quarter+
2018+Market+Cycle+Forecast.pdf
9 http://realestatedevelopmentmatrix.com/textbook/res/Mueller+-+Black+Creek+-+2nd+Quarter+
2017+Market+Cycle+Forecast.pdf
10 Marketing mix is a foundational concept in market theory and practice that emphasizes the
appropriate combination of four to eight Ps: product, people, promotion, place, process, people,
physical elements, and performance.
11 Westfields brochure: http://realestatedevelopmentmatrix.com/textbook/res/Westfields+Marketing+
Brochure.pdf and EPA brochure: http://realestatedevelopmentmatrix.com/textbook/res/20121105
161247660.pdf
17 IV. Environmental Issues
INTRODUCTION
Environmental Issues is the fourth group of developmental Tasks in the Real Estate
Development Matrix (see Exhibit 17.1). Remember, the Task order is arbitrary except that the
Acquisition Tasks are done first and the Disposition Tasks are done last. Otherwise, the Tasks
may be completed in any order. Environmental Issues may be addressed as a condition to
close the purchase contract, before financing is approved, or as part of a marketing strategy.
They may be done simultaneously, or in conjunction with the approval and permitting process.
However, they are always addressed before the actual construction of the new physical
improvements are begun on the site.
Any discussion of environmental issues can quickly devolve into a political, moral, or
religious discussion since there are so many environmental buzzwords that are poorly defined
and generally misunderstood. Sixty percent of Americans like to think of themselves as “envi-
ronmentalists,” as environmentalism is the most popular political affiliation. However,
environmental discussions usually involve terms like “sustainability,” “green buildings,”
“global warming” (aka climate change), “infrastructure” (both physical and social), and
“public-private” partnerships. Often, these terms are reduced to articles of faith, e.g., “I don’t
believe in that.”
• sense of place;
• walkability;
• community collaboration;
• transit-oriented;
• mixed-use;
• choice of housing;
• compact design;
• green design.
Whether or not Oaktree Development LLC is correct, it provides a leadership role in dealing
with environmental issues.
As noted above, the discussion of environmental issues is complicated and multifaceted. In
this chapter, the discussion of environmental issues is divided into four categories of Tasks:
Site visits
Physical, on-site inspections are critical to determine if the current buildings, improvements,
and land conditions could have a negative environmental effect on the property. The site
boundaries are usually verified and photos are taken to document the visit. Adjacent proper-
ties may also be inspected if deemed necessary. There is no testing or sampling during the
Phase I site visit.
Personal interviews
The environmental inspectors attempt to interview anyone who may have information about
the historical land uses on the site. These people may include present and past owners,
property managers, and tenants. If possible, persons familiar with the adjacent land holders
are also interviewed, along with various governmental regulators.
Hydrological issues
The hydrological issues are usually undertaken to determine ground water characteristics. The
constituent chemicals are compared to various levels and thresholds to evaluate the need for
remediation or additional monitoring.
Soil issues
Investigating soil issues attempts to determine the chemical makeup of the soil, to find out if
there are significant amounts of contaminants that will require remediation or monitoring, or
that might create land use limitations.8
Phase II environmental site assessments are commissioned by developers to evaluate
the extent of the contaminated substances. Almost always, this type of analysis helps to
reduce the risks of the site because the actual knowledge of what environmental conditions
are present helps to add clarity and understanding to what can be a very delicate situation.
Land Packagers will do Phase II studies so that the public discussion of approvals needed
takes place in a more rational and less hysterical manner. Land Developers will carry out
environmental studies to allay the fears and anxieties of community leaders, as well as
potential Building Developers.
Phase II issues are all somewhat unique, as they are determined by the type and extent of
contamination or pollution. Usually, these issues will recommend a course of action for the
developer.
On the basis of this information and my direct involvement throughout the voluntary
action at the Property, I have determined that this Property meets the applicable standards
under the Ohio Environmental Protection Agency’s VAP. Accordingly, there is no
further action required at the Property.10
It should be noted that the above paragraph is surrounded by 21 pages of limiting conditions
and caveats.
Phase I, II, and III environmental site assessments focus on problem areas where
environmental laws or regulations may have been, or may be, violated. Phase I issues are a
IV. Environmental Issues 249
necessary part of any real estate acquisition. However, Phase II and Phase III issues may
be necessary and require technical expertise, political savvy, and objective problem-solving.
b. Certifications
Environmental or sustainability building certifications are very popular among private build-
ing users (tenants), regulatory agencies, and governmental building users such as the General
Services Administration (GSA) and the U.S. Department of Defense. However, many private
developers have been skeptical about the validity of, or need for, these certifications—but
the participants in the broad real estate market have generally embraced them. Environmental
certifications have become the market standard for many types of property, especially new
office buildings. Environment certification for buildings and land developments are becom-
ing part of the Real Estate Development Process in the 21st century. Complying with these
certifications can help developers find synergies and greater efficiencies within a develop-
ment. The certifications force developers in one Stage of development to think about the
eventual building users in other Stages of the development process. Land Developers must
be keenly aware of the green building certification requirements of the Building Developer,
and the Building Developer must fully appreciate the property management requirements in
the Building Operations Stage. Generally, green certified buildings are developed in a more
thoughtful manner than non-certified buildings.
In some municipalities, specific green certifications are required, and sometimes the
local codes have raised even higher standards than the third-party certifications. Many devel-
opers have complained that it is improper to have political lobbyist organizations like
the United States Green Building Council (USGBC) provide required government certifica-
tions. This argument has led to some municipalities setting their own environmental ratings.
This murky process is here to stay, so developers in every Stage need to become knowledge-
able about the environmental certification game and learn how to participate in one way
or another.
Below are four groups that are actively promoting environmental certification programs
for commercial building:
It is important to keep up with the times and to stay current, as the designations and
certification requirements are always changing. These organizations both compete with and
are complementary to each other.
The costs and benefits of environmental certification programs are always debated,
and there have been many issues that have attempted to quantify the costs and benefits. The
major costs of environmental certifications appear to be in planning and documentation.
The discipline to plan ahead and to think through the environmental consequences
of the building design and operation is sometimes painful, but almost always beneficial.
250 Part III
Also, the certifying organizations require reports to be submitted to document the plans for,
and construction of, the improvements. The biggest cost is doing the first set of submissions
for a property because subsequent building submissions are very similar.
The actual additional costs of designing, engineering, and building environmentally
certified buildings have been reduced to almost zero because of the widespread acceptance
of the green building technologies and products. Architects and engineers no longer charge
a premium for green building designs, and building product companies now provide an
extensive inventory of pre-approved building products.
Several statistical issues have demonstrated the correlation between property values and
green building certifications, but the specific increase in value due solely to the green building
certification has been hard to tease out of the data—so far. In addition, there is widespread
anecdotal evidence of increased productivity in green buildings. However, green building
occupants are very reluctant to provide statistical evidence.
Atmospheric conditions
Atmospheric examples can be thought of as “above-ground and non- surface” issues.
• Sunlight or heat issues are often looked at as a “heat island effect.” This occurs around
large, paved parking lots and black tar roofs that absorb the heat from the sun, rather
than reflect it back into the atmosphere. Some solutions to this include shaded parking
areas, semi-permeable surfaces, white colored roofs, and vegetative green roofs. Of
course, lots of sunlight can provide opportunities for on-site solar energy production.
• Wind issues occur in highly developed areas (i.e. New York City) where the wind
cannot easily go around buildings and instead creates very windy pathways to direct
the wind around the many buildings instead of pushing directly on the flat edges. Wind
can become a real issue during construction. For example, the newly constructed
World Trade Center in New York City encountered serious and dangerous issues when
installing windows on the upper floors; the wind gusts had to be closely monitored, and
work would stop if the wind was too strong for accurate installation. On the other hand,
plenty of wind can provide opportunities for on-site wind turbines
• Air pollution is a concern in highly industrialized areas, or areas with dense populations
and exceptional amounts of vehicular traffic. This results in high levels of toxic emis-
sions and exhausts entering the atmosphere and creating poor air quality conditions. Los
Angeles and Beijing are examples of cities with major air pollution problems. Of course,
properties located downwind of older sanitary water treatment plants or paper mills can
experience unpleasant odors every day.
• Hurricanes, tornadoes, and storms of dust, rain, or sand are generally predictable. The
design and construction of buildings and infrastructure in affected areas must be able to
accommodate their occurrence and minimize possible damage.
Surface conditions
Surface environmental issues may include the following:
• Flood plains create unique circumstances for construction and site uses. Sometimes,
water must be pumped out to excavate the foundation. One common use of flood plains
is athletic fields: they require large, flat, grassy areas that are able to flood without major
impacts on the use. Local governments vary widely on the appropriate use for land areas
in flood plains. The delineation of flood plains is done by the U.S. Federal Emergency
252 Part III
Management Agency, but the allowable uses in flood plains are usually determined
locally.
• Streams and wetlands usually require a level of preservation and conservation for the
ecosystem in the area. Wetlands are heavily regulated, and each site must be evaluated by
local and state governmental agencies to determine if it meets regulations established
by state and federal authorities. The United States has a series of Clean Water Acts
that started in 1972 and that have been expanded and clarified ever since. The federal
legislation gave the authority to protect the “waters of the United States” to the U.S.
Environmental Protection Agency, and this agency in turn has empowered the U.S Army
Corps of Engineers and states’ Departments of Environmental Protection. The enforce-
ment of these laws and regulations has been very controversial as the definition of the
“waters of the United States” has been interpreted very broadly by these agencies. Federal
court rulings have attempted to restrict the definition and actions of the agencies, but the
revised regulations continue to expand the government authority. These federal and state
agencies also determine setbacks from the stream banks for the construction of man-
made improvements. Developers need to recognize the vagueness of these regulations
and the aggressiveness of their enforcement to avoid prolonged and costly encounters
with these federal and state agencies.
• Forestation may include both removal of trees or the selective timbering on the site.
Usually, developers are required to plant new trees on-site or to plant additional trees
off-site to compensate for the loss of trees during development. Many municipalities
have enacted special shade tree ordinances to further restrict on-site tree removal.
• Ground cover, when removed from the site, may cause soil erosion, siltation, and/or
downstream flooding. Erosion control fencing and storm water management ponds
are critical in reducing the negative environmental consequences of removing ground
cover. In addition, the installation of impermeable surfaces such as roofs, parking lots,
or roads can help mitigate the water run-off conditions caused by the removal of ground
cover.
Subsurface conditions
Subsurface environmental issues may include:
• Underground water levels, or the water table (in a similar way to flood plains), cause
issues for the construction of foundations, basements, road bases, and storm water
run-off that must be addressed prior to construction.
• Soil compaction conditionals including “uncontrolled fill,” or dumping, must be dealt
with to avoid dangerous foundation and settling issues. Filled in areas for building sites,
roads, or parking lots need to be systematically compacted to specified threshold levels
to avoid future settling problems.
• Geological strata conditions may determine where buildings are placed and how
foundations are constructed. The removal of various rock formations will need special
treatment for safe and efficient excavation. In swampy areas, the developers will need
to know the depth of a stable soil formation for pile excavation.
• Subsurface contamination from prior land uses, which are commonly caused by old or
leaking underground storage tanks, usually must be removed. Also, adjacent land uses
can cause underground soil contamination as the regulated constituents flow across
property lines. These conditions usually require some government agency involvement.
IV. Environmental Issues 253
• Earthquake prone locations must be dealt with carefully and conservatively as this
environmental risk can be reduced through appropriate construction techniques. There
are usually state or municipal requirements for new construction in earthquake prone
areas.
Notes
1 The best readable reference for environmental laws and regulation is: Roger W. Finley and David
A. Forbes. Environmental Law in a Nutshell. Eighth Edition. Thompson West. St Paul. MN., 2010.
ISBN Number: 978-0-314-17720-9. The ultimate reference for environmental laws and regulations
is: James B. Witkin, Editor. Environmental Aspects of Real Estate and Commercial Transactions,
Fourth Edition. ABA Publishing, Chicago, Illinois. 2011. ISBN: 978-1-61632-911-2.
2 Elkington, J., Cannibals with Forks: The Triple Bottom Line of 21st Century Business, Capstone,
1997.
3 www.oakdev.com
4 From a presentation given by Chryse Gibson at Smart Growth America’s Leadership Summit,
Washington, DC., 2015.
5 http://ublog.naiglobal.com/blog/2011/03/29/what-is-a-phase-1-environmental-site-assessment/
6 www.heicorporation.com/Sample-Phase-I.php
7 A sample of a Phase I Environmental Site Assessment can be found at: www.heicorporation.com/
Sample-Phase-I.php
8 www.aaienvcorp.com/phaseii.html
9 www.gaea.ca/public/ASTM_Phase_II_Example.pdf
10 http://epa.ohio.gov/portals/30/sabr/docs/a_training/Master%20NFA%20Letter%20HANDOUT.
pdf page 8
11 http://leed.usgbc.org/leed.html?gclid=CLzh-_zbpMoCFcGRHwodjY0Img
12 www.energystar.gov/
13 www.boma.org/awards/360-program/Pages/default.aspx
14 www.thegbi.org/green-globes-certification/
15 http://realestatedevelopmentmatrix.com/textbook/res/3._the_greening_of_one_and_two_potomac_
yard_v2.pdf. http://realestatedevelopmentmatrix.com/textbook/res/case_study_one_and_two_
potomac_yard.pdf. http://realestatedevelopmentmatrix.com/textbook/res/2._green_leasing_to_a_
government_tenant_-_potomac_yard.pdf http://realestatedevelopmentmatrix.com/textbook/res/PY+-
+Green+TI-Section+C-draft2-010505.pdf
16 http://realestatedevelopmentmatrix.com/textbook/res/cinder_ballast_use_options.pdf http://realestate
developmentmatrix.com/textbook/res/land_bay_f_dirt_analysis_.xls http://realestatedevelopment
matrix.com/textbook/res/land_bay_f_dirt_memo.pdf
18 V. Approvals and Permits Tasks
INTRODUCTION
The Real Estate Development Matrix in Exhibit 18.1 highlights the Approval and Permits
Tasks in the context of the other groups of Tasks. While each Stage of the Real Estate
Development Process starts with the Acquisition Tasks and ends with the Disposition
Tasks, the other tasks are done almost simultaneously because they are all related to each
other. One could argue that Approvals and Permits should not be a separate group of Tasks
because they are such an integral part of the other Tasks, and all the other Tasks require some
approvals and permits in one way or another. However, obtaining the required approvals and
permits in a timely and cost-efficient manner requires special talents and skills. Unfortunately,
if the developer cannot obtain the necessary permits and approvals, the project cannot
continue to the next Stage of development, and the anticipated increase in economic value
never occurs.
1 Building Codes
2 Subdivisions
3 Water Supply
4 Water Discharges
5 Regulated Substances
6 Air Discharges
7 Site Work
8 Wetlands
9 Coastal Zone Management
10 State Environmental Policies
11 State Permits
12 Municipal Laws & Regulations
13 Federal Laws
Often, the Approvals and Permits Tasks are broken down into four categories. The first three
Tasks are philosophical in nature, but they are necessary to achieve the fourth, which is to
actually obtain the required permits and approvals. Successful developers are either very
skilled at getting the necessary approvals and permits for their Stage of development, or they
hire very skilled professionals to achieve these Tasks.
• Planners like streets and alleys to be narrow for neighborhood cohesion while the public
works departments want broad streets with wide turning radiuses, so the snow plows,
street cleaners, and maintenance equipment can do their jobs.
• Aesthetically-minded planners prefer down-oriented and task-focused street lighting
while the security-minded public works departments prefer street lights that brighten up
the whole area (including the night skies).
• Planners abhor buildings that are set back from property lines while public works
departments like buildings that have front yards and entrances for easy emergency
access.
Well-intentioned projects from parks and recreation departments can also be opposed by
the public works department because of the construction issues and ongoing maintenance
responsibilities. These conflicts revolve around:
258 Part III
• maintaining the parking lots, paths, trails, restroom and pavilions;
• setting and enforcing the hours of operation;
• providing night lighting for the public’s safety.
Address social and community problems that the developer cannot solve
Developers may be asked to address social issues such as affordable housing on a commercial
tract of ground, or to address problems of poverty, education, and recreational facilities, even
though the project is small in size and commercial in nature. Sometimes, developers may
be asked to address community-wide environmental pollution, storm water management, or
Exhibit 18.2 Simple township subdivision process.
Exhibit 18.3 Complex county subdivision process.
264 Part III
traffic congestion, even if the project has little connection to these problems. Developers
must find a way to empathize with these problems and their effect on citizens, while keeping
the discussion focused on the subject project and how it will improve the lives of everyone
in the community.
Well-meaning and well-intentioned citizens may express points of view that are heartfelt
and sincere, but not economically or financial feasible. However, these citizens’ concerns
cannot be cavalierly dismissed or rejected out-of-hand by developers. Sometimes, further
discussions with citizens on a personal level outside of the public meeting can help to
clarify issues or understand concerns. However, sometimes developers can inadvertently get
caught up in political issues (or elections) that are not part of the Real Estate Development
Process. Developers can become “collateral damage,” so to speak. Again, this is all tricky
business.
Federal approvals
State approvals
Regional approvals
• Water Authorities
• Transportation Authorities
• Airport Authorities
• Sanitation Authorities
• Councils of Governments
Municipals approvals
• Zoning Boards
• Public Works Departments
• Fire Department
266 Part III
• Code Enforcement Department
• Sanitation Departments
• Parks and Recreation
• Local Historical Association
Private approvals
Summary
The Approvals and Permits Tasks require developers to be politically astute, as well as to
understand the requisite permitting and approval processes. Idealistic developers can become
antagonistic towards the public-sector approvals and permits if they insist on making value
judgments about the permits and approvals such as “right or wrong,” “fair or unfair,” or
“good or bad.” Successful developers take a pragmatic approach to these processes, so that
the necessary approvals and permits can be obtained in a timely manner.
Recognizing that most of the population views real estate development as a regulated
process, developers need to find ways to meet both the public’s desire for regulation and the
private market’s need for expediency. Developers must embrace the “sweet art of compro-
mise,” so that the Real Estate Development Process is cast as a win-win proposition, rather
than a win-lose situation.
The Approvals and Permits Tasks bring into sharp focus the problems caused by overlap-
ping governmental authorities who often have competing political agendas. Well-meaning
developers can easily get played as unwitting pawns in interjurisdictional squabbles between
governmental agencies.
Finally, developers must respect the interconnectedness of the myriad of approvals and
permits required in all Stages of development. Federal legislation empowers federal agencies,
who in turn empower state agencies, who in turn require local municipalities to enforce the
federal regulations!
Developers may believe it is more efficient to “ask for forgiveness than to beg for
permission,” but they do so at their own peril. Ignorance or naiveté is not an effective defense
for violating laws and regulations.
268 Part III
Successful developers need to obtain the required approvals and permits in a cost effective
and timely manner, and they must strive to remain on good terms with the regulators,
with whom they must work. There will always be another project that requires additional
permits and approvals. Developers need to embrace approvers and the regulators as impor-
tant partners on the development team who will share in the glory of a successful project!
“Please” and “thank-you” are the most important words to accomplish the Approvals and
Permits Tasks.
Notes
1 http://realestatedevelopmentmatrix.com/textbook/res/master_real_estate_permitting_checklist.pdf
2 http://realestatedevelopmentmatrix.com/textbook/res/afrh_mou_dc_and_usa.pdf
3 NAIOP, A Commercial Real Estate Organization www.naiop.org/
4 Urban Land Institute: http://uli.org/
5 National Association of Realtors: www.nar.realtor/
6 http://realestatedevelopmentmatrix.com/textbook/res/Hopkins+Building+Case+Study-+
Additional+Information.pdf
7 There is no proof that Einstein ever really said this, since the quote became public several decades
after his death. However, maybe he could have said it . . . if he were a real estate developer.
8 http://realestatedevelopmentmatrix.com/textbook/res/master_real_estate_permitting_checklist.pdf
9 http://realestatedevelopmentmatrix.com/textbook/res/master_real_estate_permitting_checklist.pdf
10 http://realestatedevelopmentmatrix.com/textbook/res/potomac_yard_public_art_concept_plan_.
pdf
11 http://realestatedevelopmentmatrix.com/textbook/res/Piedmont+Town+Center+Article.pdf
12 http://realestatedevelopmentmatrix.com/textbook/res/Permit+Purgatory.pdf
19 VI. Physical Improvements Tasks
INTRODUCTION
Exhibit 19.1 highlights the Physical Improvement Tasks in the context of the Real Estate
Development Matrix. As noted earlier, these groups of Tasks are not accomplished in any
particular order except that the Acquisition Tasks are done first and the Disposition Tasks are
done last in each Stage of development. In fact, the Physical Improvement Tasks are done in
conjunction and simultaneously with the other Task groups.
In the Real Estate Development Matrix, physical improvements are defined as existing or
planned improvements that can be seen, touched, heard, or smelled—both on or off the site.
These improvements may be horizontal (roads, sewers, utilities) or vertical (buildings,
towers, storage facilities), and they may be privately owned (building) or publicly owned
(streets). Finally, they may be located within the site (buildings) or off-site (parks and
recreation areas). To clarify, a change of the site’s zoning may be an improvement because it
adds value to the site, but it is not a physical improvement for the purposes of this discussion.
Zoning changes would be in the Approval and Permits Task Group.
The Physical Improvements Tasks require developers to determine what improvements
(public or private; horizontal or vertical) need to be planned, designed, engineered, and
constructed. With that determination, developers must be able to plan, design, engineer
1 Land Banking. Maintain the existing improvements and conceptualize possible future
improvements.
2 Land Packaging. Design a conceptual master plan for future improvements.
3 Land Development. Design, engineer, and construct the horizontal and public area
improvements.
4 Building Development. Design, engineer, and construct the vertical improvements.
5 Building Operations. Maintain and repair the existing improvements.
6 Building Renovation. Design, engineer, and construct the repairs and replacements
needed to renovate the property.
7 Property Redevelopment. Maintain, demolish, repair, and replace existing improvements
and provide for public safety during the redevelopment period.
The Physical Improvement Tasks closely follow the Stages of development and can be
divided into four categories of subtasks:
• Site analysis.
• Urban design principles.
• Development guidelines.
272 Part III
• Building guidelines.
• Landscape guidelines.
• Illustrative drawings.
The Urban Design Guidelines are extremely thoughtful and well written, and very detailed.
While the purpose of the guidelines is to clarify what the language in the ordinance means,
they are often interpreted very differently by various stakeholders when the Land Developers
or Building Developers submit their plans for building permits. Thus, the public discussion
begins all over again. Sometimes, the master plans in the zoning ordinance represent a
ceasefire in the stakeholder battles, rather than a representation of the community’s consensus
opinion. The newly hired director of planning at Alexandria informed the Potomac Yard
Land Developers that Urban Design Guidelines represented the maximum development
density, rather than the actual density, which she felt should be much less than the densities
specified in the ordinance and guidelines.
However, Urban Design Guidelines are usually very helpful to both the stakeholders and
developers to visualize the future development of the project. These guidelines are instrumen-
tal in getting the architects and engineers on the same page as the developers, and permitting
and approval authorities. But real estate, as a public good, is subject to changing political
environments, and the interpretation of the guidelines can change over time.
b. Engineering
The professional space occupied by architects and engineers can be confusing and over-
lapping. Differentiating between these two professions can be difficult. For the best results,
the architects and engineers must work together closely and respect one another’s work. The
real estate developer needs the engineers to determine if the planned or designed improve-
ments can be built in an attractive, timely, and cost-effective manner: the most beautifully
designed improvements may be virtually impossible to engineer and construct. For example,
office buildings in Dubai or Kuwait City are excellent examples of beautifully designed
structures that were a nightmare to engineer and construct. Clearly these beautiful (and
mostly unoccupied) buildings support the old adage that, “anything can be built with enough
money and enough time!” Developers must ensure that the designed and engineered improve-
ments will be acceptable to government agencies, end-users, and lenders, as well as perform-
ing economically and efficiently. Developers must balance the perceived benefits of
innovation and technology with the end-users’ ability to enjoy and maintain the space.
Developers must also determine if the planned or designed improvements can be engi-
neered to meet the current and future standards for sustainability and safety. Sustainable and
green buildings must begin with the appropriate design and engineering considerations.
Sustainability considerations usually involve tying the new building systems into existing
public infrastructure systems, such as water and sewer systems, and power grids. This is also
the most important step in the green building process. Architects and engineers must work
together with the building contractors and operators to use appropriate technologies with
human-friendly operation. For example, green roofs may look beautiful on paper, but they
can become a nightmare to construct and maintain if they are designed or engineered incor-
rectly. Refitting sustainable and green systems is much less efficient than constructing these
new systems from the beginning of the development process.
Healthy building and life safety systems must also be engineered from the beginning.
Again, refitting buildings to meet new health and safety standards is neither effective nor
VI. Physical Improvements 273
efficient. Public safety considerations have become much more complicated since the terror-
ists’ attacks on September 11, 2001. Relatively simple security features such as the ingress and
egress of people and automobiles can be accommodated relatively easily when planned
and engineered correctly. However, they are extremely difficult and costly to accommodate
after the structures have been built. The accommodation of bicycles, electric cars, and autono-
mous vehicles are similarly easy to construct new, but expensive to retro-fit afterward.
c. Construction
Developers must determine if the improvements can be built on time and on budget; this
determination is made in conjunction with their general contractor. General contractors
should have a track record of constructing the desired improvements, as well as a cadre
of subcontractors with whom they have worked for many years. The positive relationship
between the general contractor and the subcontractors is the reason why the developer hires
a particular general contractor, rather than trying to coordinate and construct the improvements
themselves. Subcontractors are the key to determining if the project can be built on time and
on budget.
While architects and engineers can be helpful in determining construction costs and sched-
ules, the best source of this information comes from general contractors, who in turn rely on
their subcontractors. Developers can engage general contractors to provide pre-construction
services that are outside of the traditional bidding process. If the general contractor wins the
eventual contract, the pre-construction services are usually included in the overall bid prices,
but if another contractor wins the bid, then the developer usually pays or reimburses the
unsuccessful contractor directly for these services. These pre-construction services are so
critical to the developer that sometimes two or more general contractors are employed. Clark
Construction, the largest privately owned general building contractor in the United States,
offers cost estimation and scheduling services, as well as pre-construction services5:
Design-Bid-Build model
This traditional Design-Bid-Build process (as seen in Exhibit 19.2) is very comfortable
for developers who are uncertain about the final building outcome, or who the eventual
users/occupants will be. Developers employ the architect to guide and assist them
throughout the design and bid process for the contemplated improvements. The architect
then acts on the developers’ behalf to prepare and distribute the bid packages to qualified
general contractors, and helps to evaluate the bids and negotiate the eventual contract.
ADVANTAGES
DISADVANTAGES
Design-Build model
The Design-Build approach, illustrated in Exhibit 19.3, has become much more common
over the last two decades as the developers have a better sense of the final building outcome,
and the needs of the eventual building users have become more predictable. Essentially,
developers employ a Design-Build team that consists of an architect and a general contractor:
this is usually done with one contract. The developer, architect, and contractor work closely
ADVANTAGES
• The developer deals with only one construction company and therefore inherent
buildability is achieved.
• A higher level of price certainty is achieved before construction commences, provided
the developer’s requirements are adequately specified and changes are not made.
• The total time of the project is reduced due to overlapping activities.
• There are fewer overall uncertainties in the process.
DISADVANTAGES
• There are only a limited number of firms offering design-build services, so there is
limited competition.
• The developer has to commit to a building before a detailed design is completed.
• Design-Build firms can be a mixed bag of talents, composed of weak and strong
elements.
• There is no design oversight unless separate consultants are appointed for that purpose
by the developer.
• Preparing an adequate project description can be difficult.
• There are difficulties in comparing bids, as each design, program, and cost varies.
• Design liability is limited by the standard contract.
• Changes to the scope of the project can be expensive.
d. Maintenance
Developers in all Stages should determine how the constructed improvements will be
operated and maintained in good working order over the life cycle of the improvements.
While the Building Operators actually execute the maintenance and repair programs,
the Land Packagers, Land Developers, and Building Developers must be cognizant of the
challenges of maintaining physical improvements and operating systems as they are being
planned, designed, engineered, and constructed. The Building Operators and the Building
Renovators must determine the most cost-effective program for adequately maintaining the
improvements over their economic lives. This program is critical for the successful operation
of the buildings and their ancillary surrounding structures and support systems.
Publicly owned buildings are the best examples of “design, build, and forget.” It seems that
the political systems like to build new facilities, but abhor the costs of properly maintaining
them. Examples of 20-year-old courthouses, penitentiaries, and municipal office buildings
278 Part III
that are functionally obsolete and physically deteriorating are all too common. Finger-pointing
for blame is substituted for rational and well-funded maintenance programs.
Privately owned buildings, as well, need a well-established and well-funded maintenance
plan. Also, experienced and well-trained building engineers are critical since highly technical
operating systems usually have excellent monitoring systems, but a person must be tasked to
monitor those monitors.
Green roof systems are another example of well-intentioned building systems that fail
because of poor maintenance programs due to the lack of knowledge, lack of awareness, or
lack of concern for the green roof.
Developers must determine if the appropriate vendors are available to maintain and
operate the improvements over their life cycles. Developers must be aware of and appreciate
the following:
• Experienced and credible outside vendors are the key to well-maintained building
systems.
• Maintenance schedules with outside vendors can ensure that regular servicing occurs
(and gets paid for, too).
• Green building cleaning systems can be challenging and may require new people, with
new training, using new technologies.
Building Operators must establish appropriate financial reserves for future repairs and/or
replacements. Building systems have physical lives that must be respected, and economic
lives that can be calculated. Cash reserves should be established for major systems, such as:
• roofs;
• parking lots;
• wall systems (exterior and interior);
• landscaping;
• sprinkler systems (fire prevention systems).
Also, a specified and funded monetary reserve for replacements can be used as collateral for
working capital loans for specific projects, but these reserves should be established and
funded periodically throughout the lives of the improvements.
Warranties and guarantees that are part of the initial cost of the building systems
should be saved, monitored, and kept in force. These will force the Building Operators
to install appropriate and timely maintenance programs, often using outside vendors and
inspectors.
However, purchasing or renewing warranties and guarantees on existing building systems
may be more problematic. A thoughtful and well-executed maintenance system may be
much more cost effective than buying additional warranties or guarantees.
Summary
Physical improvements that are seen, heard, smelled, or touched are different from regulatory
or legal improvements that only exist on paper, even though they too can add value to the
property. The Physical Improvements Tasks are based on the premise that in the Real Estate
Development Process, the constructed physical improvements must exist twice: first in
the minds of the developers, architects, and engineers; and secondly, they must exist in the
VI. Physical Improvements 279
physical world where they must be properly maintained and repaired throughout their
economic lives.
Developers must recognize that planners, architects and engineers have different
specialties and expertise which are sometimes hard to describe or differentiate. Consequently,
assembling a team of architects, planners, and engineers to provide the vision, imagination,
and physics is difficult and challenging at best. These professional groups must work
together in an iterative and collaborative fashion, so the physical improvements can exist in
developers’ minds before they attempt to construct them. Working through a development
project on paper is a necessary condition for a successfully constructed project.
When contractors and subcontractors are brought into this complex team and actual
construction begins, the time pressure makes for volatile and unstable situations. To handle
these situations, developers may employ many different strategies to manage and define
these relationships. While there is no right way to do this, inexperienced or passive developers
can find an infinite variety of wrong ways!
The constructed physical improvements must be properly maintained, repaired, and
operated to provide the expected service and benefits throughout their economic lives. In a
technological and digital world, trained and educated service providers are imperative. Also,
the need for cash reserves to fund major repairs and replacements cannot be overemphasized.
When a colleague recently changed careers from being a Land Developer to becoming a
Building Developer, he observed, “Vertical construction is much easier than horizontal
construction especially if the architects and engineers do their jobs right!” Clearly, the
Physical Improvements Tasks require a well-balanced, capable, and experienced team of
professionals from multiple disciplines.
Notes
1 In social science, the term “built environment” refers to the man-made surroundings that provide
the setting for human activity, ranging in scale from buildings and parks or green space, to
neighborhoods and cities, that can often include their supporting infrastructure, such as water
supply or energy networks. Built environment: Wikipedia https://en.wikipedia.org/wiki/Built_
environment
2 The “architect-of-record” is officially defined as the architect whose name appears on the building
permit.
3 Sustainable Development meets the needs of the present population without compromising the
ability of the future generations to meet their needs.
4 http://realestatedevelopmentmatrix.com/textbook/res/PotomacYardDesignGuidelines+Arligton.
pdf and http://realestatedevelopmentmatrix.com/textbook/res/PotomacYardUrbanDesignGuidelines
Alexandria.pdf
5 https://www.clarkconstruction.com/our-work/expertise/preconstruction
6 http://realestatedevelopmentmatrix.com/textbook/res/construction_draws_24months_modified.
xlsx http://realestatedevelopmentmatrix.com/textbook/res/Crown+Land+Development+Budget.
xls http://realestatedevelopmentmatrix.com/textbook/res/Commonwealth+Center+One++Develop
ment+budget.xls. http://realestatedevelopmentmatrix.com/textbook/res/land_bay__a_budget_
reconcilliation_june_26_06.xls
7 http://realestatedevelopmentmatrix.com/textbook/res/bote_international_plaza_four.xls
8 https://www.youtube.com/watch?v=-7Y5Iy_T33Y&feature=youtu.be
9 A good review of the global material markets is presented in NAIOP’s Development Magazine,
Summer 2015: “Construction Materials Price Trends” Ken Simonson, chief economist, Associated
General Contractors of America www.naiop.org/en/Magazine/2015/Summer-2015/Business-Trends/
Construction-Materials-Price-Trends.aspx
10 Reed, Richard and Sims, Sally, Property Development, Sixth Edition. Routledge Taylor and Francis
Group, New York, 2015. p. 193.
280 Part III
11 “Constructability or buildability is a project management technique to review construction pro-
cesses from start to finish during pre-construction phase. It is to identify obstacles before a project
is actually built, to reduce or prevent errors, delays, and cost overruns.” Constructability: Wikipedia
https://en.wikipedia.org/wiki/Constructability
12 Reed, Richard and Sims, Sally. Property Development, Sixth Edition. Routledge Taylor & Francis
Group, New York, 2015. p. 196
20 VII. Transportation and
Accessibility Tasks
INTRODUCTION
Transportation and Accessibility Tasks, as shown in Exhibit 20.1, create and address a
special category of improvements because they are moving and dynamic systems that feature
human and physical interactions. These Tasks also require developers to consider on-site and
off-site improvements that need special public approvals and permits. To successfully com-
plete these Tasks, developers need the skills of specialized planners, specialized engineers,
and specialized contractors, as well as sophisticated political skills. Today, it is popular to
discuss major transit-oriented developments in urban areas, but it is important to understand
that all developments (large and small) must focus on both transportation and accessibility
systems to be successful.
The Transportation and Accessibility Tasks require developers to determine not only what
transportation systems (public and private) the space users (tenants, customers, suppliers) will
use to get to the property, but also to determine how tenants, customers, visitors, and suppliers
will get around the site once they have arrived. In some cases, the off-site transportation
systems (and in all cases the on-site accessibility systems), must be designed, engineered,
constructed, and maintained.
a. Off-site transportation
• Determine what transportation systems (public and private) that space users,
tenants, customers, and suppliers will use to get to the property.
• Evaluate the possibilities of improving or modifying these systems to enhance the
location of the property and thereby increase the value of the property and proposed
improvements.
b. On-site accessibility
• Determine how tenants, customers, and suppliers will get around on the site and
within the buildings once they have reached it.
• Design, engineer, construct, and maintain these accessibility improvements.
VII. Transportation and Accessibility 283
c. On- and off-site construction
• Determine who has the responsibility to design, engineer, construct, and fund the
required improvements: the private developer or a public authority.
d. On- and off-site maintenance
• Determine who is responsible for the maintenance and repair and eventual
replacement of the required improvements: developer, public authority, or tenant.
a. Off-site transportation
Streets
Streets are the most common method for cars, trucks and buses to reach a site. However, the
ownership and control of these streets can be confusing and overlapping. This is especially true
if developers would like to (or must) improve these streets. Private streets are subject to control
by public authorities and public streets may be municipality, county, state, and/or federally
owned or regulated. Developers must understand the ownership and control of these streets in
order to determine what can, and what should, be done to enhance the value of the site. For
example, a thoroughfare may be a municipal street and also a state highway. Consequently,
both governmental entities must be contacted for permission to make any improvements.
Streets usually have some time type of pedestrian walkways, and some streets include
bicycle lanes as well. The requirements for these sidewalks and lanes can be complicated,
but they must be understood before making any improvements to the streets.
Highways
Highways are usually streets that allow for higher speeds and more liberal truck use. They
may have limited access points or signaled intersections with restricted curb cuts or access
points. County, state, or federal ownership may be involved. Usually, these authorities have
protocols and procedures for controlling, regulating, or maintaining these highways. The
federal Interstate Highway Commission, with its limited access interstate highways, trumps
the other jurisdictions when it comes to controlling and regulating its rights-of-way, exits,
and roadways.
Bus routes
Bus routes, especially in urban areas, can be a critical transportation system for employees
and customers to get to the site. Bus routes are always being evaluated and modified, and
many times there are different bus systems using the same stops or access points.
284 Part III
Dedicated transit systems
Dedicated transit systems such as subways, heavy rail, light rail, or rubber-tire transit-
vehicles are critical people movers in urban areas because they are very expensive to build
and maintain. However, they are very efficient in terms of ride time and user fees for
customers and employees. Unfortunately, they are usually multi-jurisdictional so that the
financing, construction, operation, and maintenance of these systems are always topics of
constant political debate. Most of the successful transit-oriented developments are built
around dedicated transit systems, often including two or more modes of transportation.
Seaports
Seaports, like railroad yards and airports, are controlled and regulated by a myriad of govern-
ment agencies who work closely with private companies. These are very technical operational
facilities that are quite different from our romantic notions of seaports. Developers who
rely on seaport-oriented transportation systems need to appreciate the technical and political
complexities, as well as the international dimensions of these logistical systems.
Air transportation
Air transport systems usually revolve around airports and the other complementary transit
systems like highways and railways. Passenger airlines and commercial air transport compa-
nies are critical for the success of these systems, since the designation of an airport as an
operational hub for the company has significant impact on the use and economic viability of
the airport. Gaining or losing a hub designation is critical for airports and all of the commer-
cial activities associated with them. The post-9/11 security initiative taken by the Federal
Government has further complicated the construction, financing, operation, and maintenance
of air transportation systems.
Intermodal hubs
Intermodal hubs are the industrial/commercial equivalent of the residential/commercial
transit-oriented developments. Successful intermodal hubs bring together highway, rail, sea,
or air transportations in order to efficiently handle and distribute goods among these systems.
This type of mixed-use development requires a special kind of public-private partnership to
be viable.
• Prototypes of driverless or autonomous vehicles have already been developed, and their
safety and cost efficiency are being evaluated by private vendors and public regulators.
Driverless vehicles would have a dramatic impact on the need for parking facilities, as
well as highway safety. Trucking companies and taxi operators would need to redefine
their need for human drivers.
• Airborne drones are rapidly improving, and their commercial use to move goods (and
people, too) has been proposed. The impact of drones on shipping/receiving facilities
would be enormous.
• The millennium generation has embraced ride sharing and is being credited for the
rapid development of technologies that provide taxi services (Uber or Lyft), car sharing
(Cars-To-Go) and bike sharing (Citi Bike)—for example, a new DC development is
adding a ride share waiting room to its lobby. These may be attitudinal changes that
are supported by technology. Also, these technologies may be critical in solving the
last-mile issues that have plagued the traditional transit systems for years.
286 Part III
Evaluate if the desired changes or improvements can be permitted, designed,
and constructed in a timely and cost-effective manner.
Transportation changes and physical improvements are expensive and require numerous
political approvals. Proposed transit lines or even stations make take decades to be approved
and funded. Even then, the actual construction time of the improvements may be another
decade as rights-of-way are obtained, environmental impact studies are completed, contracts
are let out for bid, and numerous lawsuits are resolved. The requisite public-private partner-
ships may fray or unravel as new political leaders redefine the needs of the community and
their political constituencies.
When physical construction actually begins, especially in urban areas, numerous schedul-
ing accommodations are required so that normal life routines, such as rush hour traffic, can
continue in the affected neighborhoods. Mother Nature will also dictate the construction
schedule. Finally, the world-wide commodity markets will affect the price and availability of
building materials.
At some point, developers must reduce their expectations and ask themselves, “Are
there small accommodations to the existing transportation systems that can help get goods,
services, and people to the site?”
Transportation systems require visionary planning, but private developers must deal with
monthly expenses, contractual time constraints, and changing market conditions. Successful
developers must be both visionary and pragmatic when it comes to changing or improving
transportation systems.
b. On-site accessibility
Determine how goods, services, and people will access their destination once they arrive
on site.
The accessibility dilemma may be summarized by the old saying, “A good location, but
hard to get to.” The on-site accessibility issues are related to the mode of transportation that
brought the goods, services, or people to the site in the first place. Trucks will need a place
to stop or park; service providers will need a place to unload and do what they need to do;
people will need a way to walk to the buildings from their cars, bus stops, or transit stations.
These accessibility points or paths need to be appropriately designed and clearly visible.
Unobstructed paths and informative signage systems are key to moving people and vehicles
around a site to the appropriate building entrance locations. Entrance doors for people,
loading docks for trucks, and convenient parking areas for service providers must be well
marked and easy to approach.
Once inside a building, another set of accessibility challenges comes into play. Entrance
lobbies must have readable directories, and the location of escalators and elevators should be
readily apparent. Security considerations are also important, and the various levels of secu-
rity procedures must be customer-friendly, so to speak. Sign-in logs, bag checks, metal
detectors, and card readers should be obvious and convenient to persons entering the build-
ing. If necessary, designated receptionists or uniformed security personnel may ease the
screening procedures. Secure waiting areas in the lobbies may also be appropriate if visitors
need to be escorted to their destinations.
The American with Disabilities Act (ADA) dictated the requirements for the basic
accessibility facilities and prohibited barriers for disabled people. These are a good start. The
people using buildings should be comfortable moving about, regardless of their physical or
VII. Transportation and Accessibility 287
mental abilities. Developers must strike a balance between the ease of movement and the
need for security.
Here are some imaginative scenarios to help the developer evaluate the accessibility needs
of the building tenants:
• Assume you are a new employee, how will you get to your workplace?
• Assume you are a FedEx driver, how will you deliver your packages?
• Assume you are an important client, how will you find your service provider?
• Assume you are a terrorist, how will you cause harm to the workers or property?
• Assume you are wheelchair-bound, how will you get to your job?
• Assume you don’t speak English, how will you find your way around?
• Assume you are elderly and can’t see very well, how will you find your parking spot?2
Determine if roads, trails, walkways, elevators, escalators, and storage areas are
adequate to handle the expected traffic among and within buildings.
Developers must plan for the expected movement of people and vehicles not only around a
building, but also among buildings if this is a multi-building development. Parking lots or
structures may provide convenient access to a particular building, but they may become an
inadvertent pedestrian barrier to others. Dedicated pedestrian walkways (elevated or on-
grade) are important for tenant satisfaction as well as safety. Retail developers are especially
keen on the shopper’s experience—both from car to store, and between stores—and they
usually set the best examples of accessibility on a site. Mixed-use projects can provide chal-
lenging on-site accessibility features as the timing and needs of the various users can be very
different. Apartment users may be leaving the property when office users are entering the
property, while retail users may have a different schedule altogether.
Holidays, special events, and extreme weather conditions will stymie the best accessibility
plans, so flexibility is imperative for workable accessibility systems.
• earthquakes;
• floods;
• hurricanes;
• tornadoes;
• terrorist attacks;
• active shooters.
Not only should the emergency plans be developed, they need to be distributed and commu-
nicated to the building occupants, as well as police and fire departments and other first
responders. Finally, the emergency plans should address how lives and businesses can return
to normal once the crisis has been averted or handled.
Summary
The Transportation and Accessibility Tasks are defined somewhat uniquely in the Real Estate
Development Matrix. The Transportation Tasks refer to the analysis, construction, and main-
tenance of the systems that move people, goods and services to the site. The Accessibility
Tasks refer to the analysis, construction and maintenance of the systems that enable people,
goods and services to move around to their final destinations once they have arrived at the site.
The mantra that the three determinants of real estate value are “location, location, and
location” is simple and usually true. However, the rest of the story is that a property’s loca-
tion is always relative to other economic activities, so as transportation and accessibility
systems change, the property’s location changes as well. Also, the distance from the site to
other points of interests can be measured in numerous ways, such as mileage, time, or cost.
Every property that is developed must address Transportation and Accessibility Tasks, not
just those in the popular transit-oriented developments. What makes these Tasks especially
challenging is that they require a plethora of permits and approvals by numerous governmental
authorities with overlapping jurisdictions.
Off-site transportation and accessibility improvements present particularly knotty approval
and permitting processes that can take years (or decades) to obtain. Also, the off-site improve-
ments are usually not entirely financed with private funds. Governmental sponsored loans,
bonds, or grants are often required, which usually involve some type of public-private
partnership agreements.
To complete these Tasks successfully, developers must also work with a set of planners,
architects, engineers, and contractors who are different from the physical improvements
VII. Transportation and Accessibility 293
team. Finally, the Transportation and Accessibility Tasks must be constructed and maintained
in the context of other schedules, such as rush hour traffic, train and bus schedules, and
unpredictable weather conditions.
The Transportations and Accessibility Tasks may be overwhelming, such as transit
improvements in large mixed-use developments, or relatively small, such as curb cuts for
a small retail project, but their completion is critical for the success of all real estate
development projects.
Notes
1 This relative concept is reminiscent of the old Henny Youngman joke, “The guy says, ‘How’s your
wife?’ I says, ‘Compared to what?’”
2 The real question should be, “Assume you are an elderly person and can’t see very well, should you
be driving a car?”
3 http://realestatedevelopmentmatrix.com/textbook/res/apw_infrastructure_white_paper_and_
exhibits_1-4.pdf
4 http://realestatedevelopmentmatrix.com/textbook/res/City+Blvd+IBM+aerial.pdf http://realestate
developmentmatrix.com/textbook/res/City+Blvd+Land+Plan+6-12-07.pdf http://realestate
developmentmatrix.com/textbook/res/Belgate+City+Infrastructure+Dev+Agr+5-21-07.pdf
5 http://realestatedevelopmentmatrix.com/textbook/res/PY++North+Tract+Transfer+Potomac_
Deed_Dedication_Termination+-+Copy.pdf
21 VIII. Sales and Disposition Tasks
INTRODUCTION
Each Stage of the Real Estate Development Process begins with the Acquisition Tasks and
ends with the Sales and Disposition Tasks as illustrated in Exhibit 21.1. The six other groups
of Tasks are basically accomplished simultaneously as developers attempt to create value in
a particular Stage of development. Again, it is important to note that the order of the eight
Task categories in the Matrix are arbitrary except that developers must always begin each
stage with the Acquisition Tasks and end with the Sales and Disposition Tasks.
Basically, the Acquisition Tasks and the Sales and Disposition Tasks are two sides of the
same coin. It all depends upon one’s perspective. The Selling Developers must look at
the opportunities that they have created through the eyes of the developer buying the property
to better understand the value they have created. They must appreciate the challenges facing
Buying Developers.
Many developers say that they can undertake several Stages of development to create
additional value when the property is eventually sold. However, it is good practice and
discipline for developers to determine how much value has been created at the end of each
Stage, and then to evaluate the Tasks that must be accomplished in the next Stage of
development. Smart developers know that the skills required to accomplish the Tasks in one
• What value has been created (or lost) in this particular Stage?
• What skills are required in the next Stage of development?
• What is the fiduciary responsibility to investors and team members by going forward to
the next Stage?
The Sales and Disposition Tasks can be broken down into five subtasks that must be
undertaken:
• What do we have?
• What is it worth?
• Who wants to buy it?
• How do we affect a sale?
What do we have?
The property must be described physically, legally, and economically. The physical
description of the property should include the size and shape of the land area, as well as
all of the actual and planned physical improvements to the site. These materials should
include surveys, photographs, environmental studies, geo-technical reports, as well as plans
and specifications for existing improvements and designs for planned improvements.
Of particular importance are the ingress and egress points to the site and the adjacent
land uses.
The legal description of the property should start with the title and survey showing
boundaries, as well as all easements and rights-of-way affecting the property. The legal
description should include the current zoning and any deed restrictions or subdivision
regulations that may impact the use and future development of the property. Height restric-
tions and required building setbacks should also be mentioned if appropriate. The Selling
Developer must disclose any and all obligations or liabilities that the Buying Developer must
accept going forward, such as land leases, options, or first rights of refusal.
296 Part III
A rent roll summarizing all existing leases on the property should be prepared, and the
Selling Developer should be ready to provide copies of leases if the sale of the property
proceeds to a binding contract with appropriate confidentiality provisions.
The economic description will, of course, include the rent roll, economic measures such
as the allowable Floor Area Ratio (FAR) of the site, as well as the net developable land area
that is not impacted by environmental conditions (wetlands) or easements, and rights-of-
way. Also, buildings should be described in terms of the net rentable area and the net useable
area. The Selling Developer should also list any benefits such as royalties from oil and gas
drilling, existing permits for current land uses, and legal licenses and permits that are being
sold with the property.
What is it worth?
Selling Developers attempt to estimate the market value of the property while recognizing
the usual conditions of the “market value” definition.1 Selling Developers must also appreci-
ate that not all of these conditions will be met if and when the property is sold. In any
event, the three approaches to value estimation used by appraisers should be employed to
estimate the value of the property: the Sales Comparison Approach, the Cost Approach, and
the Income Approach.
The Sales Comparison Approach requires that the subject property be compared to
other recent sales or comparable sales of real estate properties to estimate its market value.
A Unit of Comparison is usually employed to simplify this process. Units of Comparison
may include the price per acre, the price per ft2 of building, or the Gross Income Multiplier.
This approach to value estimation is most appropriate in a very active market.
The Cost Approach determines the market value by estimating the cost to build improve-
ments new and then deducting the amount of accrued depreciation. This approach to value
estimation is most appropriate when the improvements are new and there is very little, if any,
accrued depreciation. This approach also assumes that land value can be estimated separately
from the building improvements, and it is valued using the Sales Comparison approach.
The Income Approach to estimate market value determines the present value of the
future benefits accruing to the owner of the property. The projected annual and reversionary2
benefits are converted to a present value (or today’s market value) using either a direct capi-
talization model or a discounted cash flow model. While the accurate prediction of future
benefits is critical in this process, the selection of the appropriate capitalization rates or the
risk-adjusted rates of discount are the keys to accurate estimates.
The above approaches are the classic methods to estimate the market value of the property
that will be sold. The market value is an objective or normative value estimate that represents
the consensus of the market participants under a hypothetical set of conditions. In reality, the
Selling Developers must estimate the lowest sales price that they are willing to accept that
meets their investment objectives (the seller’s investment value.) Similarly, the sellers will
need to find a buyer whose investment value is greater than or equal to the seller’s investment
value. Investment values are very subjective and reflect the price and unique terms and
conditions that are associated with the transaction.
• For Land Bankers, the most likely buyers would be Land Packagers;
• For Land Packagers, the most likely buyers would be Land Developers;
• For Land Developers, the most likely buyers would be Building Developers;
• For Building Developers, the most likely buyers would be Building Operators;
• For Building Operators, the most likely buyers would be other Building Operators or
Building Renovators;
• For Building Renovators, the most likely buyers would be Building Operators or
Property Redevelopers;
• For Property Redevelopers, the most likely buyers would be Land Packagers.
An alternative to a purchase money mortgage may be a land contract that provides for
periodic payments to the seller during the contract period and then for the title to transfer to
the buyers at the end of the contract period. The land contract is usually for a long period of
time and may have other conditions for the title to transfer to the buyer. The land contract is
similar to a purchase money mortgage except that the seller remains the owner of record, so
the title does not have to be contested in the event of a buyer who defaults on the payments.
There are no legal foreclosure procedures and requirements.
If there are multiple phases in the development project, the seller may want to provide the
buyer with options to buy the subsequent phases of the project. The option agreement must
clearly state the terms of the option to buy, which must include the option price, the option
period, the price of the option, and the extension provisions if any.
300 Part III
What risks are the Selling Developers willing to retain?
Prior to marketing the property, Selling Developers should evaluate what risks they are
willing will to accept as part of the contemplated transaction and how those risks will be
priced. The most common risks are obtaining governmental approvals or permits. The buyer
may want the closing on the property to be delayed or contingent upon the attainment of a
site plan approval or a building permit. The seller may also need to guarantee the completion
of certain common area improvements that are required by the site plan or zoning approvals.
In addition, there may be certain environmental tests, approved remediation plans, or actual
remediation activities that need to be done prior to closing. Sometimes these risks can be
transferred to the buyer with seller guarantees, price adjustments, or at-risk escrow deposits.
Ironically, the hard work of negotiating a sales contract is done with a Letter of Intent that
is non-binding and non-technical. Written in plain English, the Letter of Intent essentially
“gets the deal on the table,” so the seller and buyer can discuss the areas of agreement, as
well as the areas of natural tension that require further discussion. The Letter of Intent is
given to the seller’s and buyer’s attorneys to reduce the agreement to a legally binding
contract. Sometimes the most difficult part of the Letter of Intent is the accurate description
of the property involved.
Conditions to close
The sales contract addresses what conditions must be met prior to the closing of the transac-
tions. Again, the different perspectives of the sellers and the buyers are all important. This is
the section where sellers and buyers trade the risks of ownership and development. The condi-
tions to close can be myriad, but this is a summary of the most common closing issues:
Public approvals
• Public approvals or permits acquired prior to closing,
• The maximum time period allowed for obtaining these approvals or permits.
Belgate Ikea land sale: a land sale with significant pre-closing conditions
@REDM10
The 164-acre Belgate development in Charlotte, NC, is driven by a pre-sale of a 30-acre
site to a major international retailer. The disposition memo outlines the terms of the sale and
highlights the pre-closing conditions. After the receipt of various governmental approvals,
Crescent had specified time periods to complete the following: site grading, roadway exten-
sions, and utility extensions. Because of the retailers anticipated opening date, failure to meet
these milestones carried a penalty to Crescent of $30,000 per day. The Belgate development
team was able to convince the Investment Committee that it could meet these milestones
and the risk of penalties was very small. In fact, the milestones were met, and everyone lived
happily ever after.
Post-closing conditions
Sales contracts must address certain actions that are underway and will continue after
closing, as well as actions that will start after the actual closing has occurred. Some guarantees
will extend long after closing has occurred.
The closing of a contract represents the passing of the title of the property from the seller
to the buyer. However, the Real Estate Development Process (aka the creation of value)
continues during the contract period and into the post-closing period. Examples of these
activities include the construction of tenant improvements, the leasing of vacant space, the
remediation of environmental conditions, and the completion of weather-related activities
such as landscaping. Typically, sellers and buyers agree on a transaction price that would
occur if all of these activities were complete, and then at closing, the buyer and seller agree
304 Part III
to holdback or place part of the sales proceed in a third-party escrow account. The escrow
agent will have specific instructions concerning when and how the escrowed funds are to be
disbursed to the seller.
For example, the sale of a newly constructed office building that is partially leased may
have holdbacks at closing for unfinished tenant improvements or unpaid leasing commis-
sions. The escrow agent would disburse the escrowed funds based on a pro-rata schedule as
the tenant improvements are completed or the leasing commissions are paid. Similarly, there
may be an economic earnouts that are paid to the seller as leases are placed in effect at
certain rent levels. Finally, funds may be disbursed according to a budget when landscaping
or paving projects are completed.
Environmental remediation projects are not complete until a government approval or a
“no further action” letter is received, so funds at closing may be placed in escrow until the
receipt of the approval or letter.
Land developers and building developers often negotiate sales contracts that close before
the building-ready site is completed. In these situations, the parties enter into post-closing
Development Agreements. These agreements could deal with the completion of dry and wet
utilities, roadways, traffic control systems, or common area improvements such as parks or
storm water retention facilities. To be effective, the Development Agreements must address
the following questions:
• What must occur? The exact specifications of the to-be-built improvements must be
carefully documented.
• When must they occur? The exact dates or conditions for the completion of the
improvements must be carefully documented.
• What happens if the specifications or milestones are not met? If the seller fails to
complete the specified improvements by the exact date, then the buyer can seek a
remedy by looking to the seller’s personal guarantees and letters of credit, posted surety
bonds, or other self-help remedies.
Development Agreements between the seller and multiple buyers present a unique predica-
ment if the seller defaults on the Development Agreements. The seller and multiple buyers
would enter into another agreement that would specify the order of priority during which the
buyers can engage in self-help provisions.
Guarantees against future legal actions or penalties are commonly made in sales contracts
by both parties may provide restrictions on future competition. Sellers may agree not to
sell any additional properties that may be competitive until the buyers have attained a
certain lease level or occupied the property for a specified number of months. Buyers also
may agree not to engage in other activities. For example, apartment developers will not
sell their units as condos, or the condo developers will not lease their unsold units as apart-
ments. Finally, Selling Developers may restrict their future sales activities so that they will
offer any new products first to the Buying Developers before offering them for sale on the
open market.
One and Two Potomac Yard sale: a building sale with significant post-closing
conditions @REDM12
As discussed earlier in the Chapter 9, Crescent’s pre-sale of One and Two Potomac Yard to
Morgan Stanley for $213.5 million was based on a staged purchase price. That is, closing
would occur at shell completion and Crescent was paid $100 million. The next payment was
at GSA occupancy and lease commencement when crescent would be paid $95.5 million.
The final staged payment occurred at the USGBC LEED Silver Certification, and Crescent
would be paid $18 million. Again, the development team had to convince the Investment
Committee that the purchase price is fair, but also that the team could meet all the post-
closing commitments, so Crescent could receive the full payment of the contract. Again,
the post-closing conditions were met, the fundings were made, and everyone lived happily
ever after!
The above transfers may not occur simultaneously, especially the transfer of the seller’s
funds to their equity investors. The distribution of funds to equity investors is usually dictated
by partnership agreements that explicitly provide for the priority of cash proceeds.
• Tax authorities,
• Municipal authorities,
• Tenants,
• Vendors,
• Equity investors,
• Lenders,
• Neighborhood stakeholders,
• Police and Fire departments,
• Local politicians.
Prior to closing, the individual names and contact information should be researched and
verified.
Of course, both the seller and buyer can use phone calls, email, and letters to communicate
the completion of the transactions and to thank the many persons that made the closing
possible.
Buy-sell agreements
Buy-sell provisions are usually part of partnership agreements and provide a method for the
partnership to resolve partnership disputes. If some partners want to sell and some partners
want to hold or continue, then the buy-sell provisions may provide a way to bring new
capital partners into the project. Buy-sell agreements may also be included in joint venture
agreements, loan documents, or tenant leases.
Contract default
When developers are controlling or acquiring a property by using a contract agreement,
developers may elect or be forced to default on the contract by violating some contract
provision. In most cases, there are notification and cure provisions in the contract, along
with specified penalties. Private contracts usually are not governed by state and federal laws,
so termination provisions are simpler than mortgage loan defaults and foreclosure13. Three
contracts are most commonly used by developers: sales contracts, land contracts, and option
contracts.
Sales contracts
When developers default on a sales contract and the default tis not cured, the remedies
usually are based on the good faith deposit or other personal guarantees.
Land contracts
If the title has not passed from the seller to the buyer, there may not be continued liability on
the buyer once the default has occurred, notice is given, and the cure period has expired.
At this time, the land contract is null and void, and both parties move on.
VIII. Sales & Disposition 309
Option contracts
Option contracts usually provide the buying developer, the optionee, the right to buy the
property at some future time and at some future price. These contracts usually provide for
some defined action by the optionee such as making periodic monetary payments. Default
occurs when the monetary payments or other required actions are not made. Default is
declared, cure periods expire, and the option agreement is declared null and void. Both the
optionee and the optionor can then move on with no further obligations.
Bankruptcy
The declaration of bankruptcy by developers or property owners is usually a last resort.
However recently in the United States, high profile developers have contended that they are
just using the “laws of the land” to their advantage. Bankruptcy is serious business and
should not be discussed or declared without a full understanding of the bankruptcy process.
Bankruptcy proceedings involve special bankruptcy judges and bankruptcy attorneys. The
most frequent bankruptcy declarations are governed by Chapter 7 or Chapter 11 of Title 11
of the United States Bankruptcy Code.
Chapter 7
Chapter 7 bankruptcy is often called “straight bankruptcy.” It is used to give the creditors
chance for a fresh start by selling all of the bankrupt entity’s assets to pay off the outstanding
indebtedness. Its purpose is for an orderly distribution of the debtor’s (developer’s) assets.
Chapter 11
Chapter 11 is often referred to as “debtor in possession.” This bankruptcy proceeding looks
to the preservation of the debtor’s assets while a plan of reorganization and repayment is
worked out with the creditors. The bankruptcy judge and a majority of the creditors must
approve the reorganization plan.
Summary
The Sales and Disposition Tasks must be completed at the end of each Stage of the Real
Estate Development Process even if Selling Developers plan to continue onto the next stage.
The Disposition Tasks help developers understand and measure the increased property value
that has occurred during the Stage of development that has just been completed. It also
forces Selling Developers to look forward to the next Stage of real estate development in
order to understand the challenges that Buying Developers will face.
The Disposition Tasks and Acquisition Tasks are two sides of the same coin, but they have
very different perspectives. Selling Developers begin the Disposition Tasks by updating the due
diligence review package that they prepared as part of the Acquisition Tasks. Selling Developers’
due diligence packages will then become the starting place for the Buying Developers’ due
diligence reviews.
By understanding the challenges in the next stage of development, Selling Developers
will also better understand how to provide attractive terms and conditions to Buying
Developers, so Buying Developers will promptly submit letters of consent, and then negotiate
and sign binding contracts, and then close the transaction.
310 Part III
Selling Developers must be cognizant of the fact that unsuccessful Buying Developers
may be excellent prospects for the Selling Developers’ next projects. This is particularly true
for land projects with multiple phases of development. Unsuccessful bidders should be
treated fairly and honestly in the bidding process. Biased or rigged bidding processes will
tarnish Selling Developers’ reputations and make future sales more difficult.
Building Operators who manage a portfolio of properties should annually evaluate
whether a property should be sold or held for another year. However, we will hold these
portfolio management decisions as the topic for another book. Sales and Disposition Tasks
are the last group of Tasks for each Stage of the Real Estate Development Process, and they
should be the most economically rewarding to the developers as they recognize the increased
property value caused by the successful accomplishment of the other Development Tasks.
Notes
1 One definition of Market Value is: “The most probable price (in terms of money) which a property
should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer
and seller each acting prudently and knowledgeably, and assuming the price is not affected by
undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and
the passing of title from seller to buyer under conditions whereby: the buyer and seller are typically
motivated; both parties are well informed or well advised, and acting in what they consider their
best interests; a reasonable time is allowed for exposure in the open market; payment is made in
terms of cash in United States dollars or in terms of financial arrangements comparable thereto;
and the price represents the normal consideration for the property sold unaffected by special or
creative financing or sales concessions granted by anyone associated with the sale.” From the
Federal Register Vol. 55, No. 163, August 22, 1990.
2 Reversion Value is also known as sale price based on a cap rate and growth rate of long-term cash
flows (B&F)
3 This is a pedestrian (non-legal) summary of very complicated documents that may have numerous
major parts. Both Selling and Buying Developers need to engage experienced and competent
transaction attorneys.
4 http://realestatedevelopmentmatrix.com/textbook/res/Westfields+Letter+of+Intent.pdf
5 Representation and Warranties are described in more detail in Chapter 14.
6 http://realestatedevelopmentmatrix.com/textbook/res/Westfields+Sale+white+paper.pdf
7 http://realestatedevelopmentmatrix.com/textbook/res/Tyvola+Crossing+Sale+white+paper.pdf
8 http://realestatedevelopmentmatrix.com/textbook/res/Hidden+River+Land+Sale.pdf
9 http://realestatedevelopmentmatrix.com/textbook/res/Crosstown+Center+Land+Sale.pdf
10 http://realestatedevelopmentmatrix.com/textbook/res/Belgate+White+Paper.pdf
11 http://realestatedevelopmentmatrix.com/textbook/res/development_agreement_summary1rev
9-1-05.xls
12 http://realestatedevelopmentmatrix.com/textbook/res/potomac_one__two_sale_v2.pdf
13 Of course, these contracts must be “legal.” That is, they must meet the conditions of a binding
contract and not contain illegal provisions or intend to commit illegal acts.
22 Summary
The purpose of this book is to explain the Real Estate Development Process, using consistent
terminology, to introduce a seven-Stage, holistic model that includes the entire lifecycle of a
project, from the Land Banking Stage to the Property Redevelopment Stage. This model is
presented visually by creating a matrix that combines the Stages of Development and the
Development Tasks: The Real Estate Development Matrix.
Part I of the book, Chapters 1–4, discusses the Real Estate Development Process using
four graphics and then presents the Real Estate Development Matrix, a two-dimensional
model which combines the Development Tasks and Stages.
Part II of the book, Chapters 5–12, discusses each of the seven Stages of Development in
terms of key players, critical tasks, controllable costs, and major risks. This discussion is
expanded by the inclusion of real-world case studies to illustrate the Stages.
Part III of the book, Chapters 13–21, discusses each group of the eight Development
Tasks and their respective subtasks that are explained and amplified by real-world examples.
Throughout the book, the companion website, http://realestatedevelopmentmatrix.com/,
is used to complement the written material with links to case studies, examples, and special
skills.
READER TAKEAWAYS
What is real estate development? Hopefully, readers will now be able to answer this question
with the following insights gleaned from this book.
Real Estate Development is:
• a multidisciplinary endeavor;
• intrinsically simple, but incredibly complex;
• intellectually stimulating and incredibly interesting;
• a local activity, except when it is not;
• a public process;
• very humbling.
When asked to characterize what they learned at a CCIM live workshop, one person said,
“Now I can go home and tell my wife and kids what I do for a living.” Immediately, another
student said, “Now I can go back to my company and tell them what we do for a living!”
One final caveat: the Real Estate Development Process provides developers with the
opportunity to experience the full range of human emotions in a 24-hour period, from despair
to euphoria. We wish you the best of luck!
Afterword
Future discussions of the Real Estate Development Process must be expanded and additional
dimensions of the Process must be explored. These discussions should include recogniz-
ing globalization, understanding technological innovations, and enhancing communication
skills.
Recognize globalization
Real estate development is synonymous with economic development in most of the world,
since economic development is usually associated with an improved built environment.
In the United States, sustainability is relegated to a subtopic of environmental issues. However,
in many parts of the world, especially in Western Europe, sustainability is a major criterion
for evaluating economic expansion and real estate development. Also, green building con-
struction techniques and conventions are rapidly advancing outside of the United States.
Therefore, future discussions of real estate development should be less U.S.-centric and
should include case studies and examples that are outside of the United States.
Also, infrastructure discussions need to be enlarged to encompass a global perspective,
so they expand beyond individual physical projects, like bridges or toll roads, and include
international health, security, and trade systems. Improving infrastructure systems will
directly increase real estate values throughout the world.
accessibility index 282, see also Transportation architects 107–8, 112–13, 250, 270–2, 275–9;
and Accessibility landscape 82, 108, 271; of record 108, 271
accounting 156, 213–14, 225–6 Arlington County (VA) 139, 185, 199, 226, 231,
Acquisition 14, 56, 84, 111, 130, 192, 195–211; 290; Approvals/Permits 266–7; Building
closing 209; contract negotiations 205–8; due Development 118, 120; Land Development
diligence 208–9; feasibility studies 196–201; 91–3, 95–6, 98–100; Land Packaging 68,
Financing and 213, 217; Land Banking 36, 71–4
38; Property Redevelopment 171, 174, 176; Armed Forces Retirement Home (AFRH) 42–4,
Sales/Disposition and 294, 301; underwriting 179, 257; Land Packaging 62–8, 74
requirements 201–5 Army Corps of Engineers 51, 66, 81, 83, 98, 252
activists 53, 82, 139, 173, 253; Building Art and Planning Commissions 266
Renovation 154, 156 Arthur, C. 42
adjacent land owners 53, 55, 81–2, 133–4 asking price 297–8
advertising 57, 239–42, 298, 313–14 assemblage 37, 213
Advisory Council on Historic Preservation asset managers 132–3, 136
(ACHP) 66 Atlanta (GA) 223
Advisory Neighborhood Commissions atmospheric conditions 251
(ANC) 66 attorneys 35, 53–4, 173, 300, 309
affinity groups 240
air pollution 251 back door 37, 39, 307
air transportation 284 “Back of the Envelope” (BOTE) 198–203, 274
AirPark West 288 Bank of America 59–60, 87
airports 52, 288 bankruptcy 60, 309
Alberta 180 Base Relocation and Closure (BRAC) 169
Alexandria (VA) 118, 185, 226, 266; Land Beijing 251
Development 91–3, 95, 98, 100; Land Belgate 100–1, 215–16, 289–90, 303
Packaging 68–70, 73–4; Physical Bent Tree Tower 222–3
Improvements 272, 274 bicycles 283–5, 291
ALTA Surveys 57 Blatchford (AB) 181
American with Disabilities Act (ADA) 286 Board of Zoning Approvals (BZA) 267
amortization 132–3, 218–19, 299 bonds 82–3, 218, 291
Annapolis (MA) 224 Boston (MA) 256
annexations 53, 59–60 box diagrams: Building Development 104–5;
Approvals and Permits 10, 14, 138, 192, Building Operations 129; Building
255–68, 272; Building Development 109, Renovation 148–9; Land Banking 32; Land
112–13, 122; Building Renovation 154, 156; Development 77–8; Land Packaging 48–9;
communicating with understanding 259–60; Property Redevelopment 169; Stages 25, 27
Land Development 81, 83, 85–6, 93, 95; Bozzuto 89, 114, 117
Land Packaging 55–6, 58, 60; natural tension bribery 264
in process 256–9; obtaining 264–7; preparing brochures 241
for worst 260–4; Sales/Disposition 296, 300, brokers 35, 230, 298
302; Transportation/Accessibility 288, 292 Brookfield Properties 162, 165
archeology 87 Brueggeman, W. 18
316 Index
Buchanan, J. 42 capitalization 107, 117, 130, 132, 222; Overall
budget 110, 155–6, 240, 274; Financing Tasks Rate (OCR) 197, 199–201
214, 225–6; Land Development 83–4, 86, Capitol Challenge 198
see also costs carrying costs 36, 38, 174
Builders’ Justified Land Price 111 Cars-To-Go 285
Building Development 13, 15–16, 24, 103–26; case studies: Acquisition 198–201, 204–5, 207;
Approvals/Permits 259, 266; Building Approvals/Permits 259, 266–7; Building
Operations and 129, 132, 143, 145; case Development 114–25; Building Operations
studies 114–25; costs 111–13; Environmental 139–45; Building Renovation 157–65;
Issues 248–50, 253; Financing 217–18, 220, Financing 215–17, 222–4, 226; Land Banking
222–3; key players 107–9; key Tasks 109–11; 39–46; Land Development 87–101; Land
Land Development and 76–85, 87, 89–90, 96, Packaging 59–74; Marketing 231–2; Physical
99, 101; Land Packaging and 58, 61; Improvements 271–2, 274; Sales/Disposition
Marketing 230–2; Physical Improvements 300–5; Transportation/Accessibility 288–91
270, 272, 274, 277, 279; Property cash-on-cash returns 197–8, 204
Redevelopment and 187; risks 113–14; cashflows 213–15, 223
Sales/Disposition 297, 302–3 cemeteries 87, 173, 253
building improvement districts 134, see also Center for Housing Innovation 250
neighborhood associations Centex Homes 41, 59–60, 95
Building Operations 13, 25, 27, 127–46; change orders 112–13
Approvals/Permits 266–7; Building Charlotte (NC) 100, 215, 217, 266, 289, 303
Development and 104–7, 109, 111, 117, Charlotte Douglas International Airport 288
122, 124; Building Renovation and 148–52, checklists 209
165; case studies 139–45; costs 136–7; Chesapeake (VA) 207
Environmental Issues 249–50; Financing 215, circle diagrams 27–8; Building Development
218, 220, 223–4; key players 132–4; key 106; Building Operations 130–1; Building
Tasks 135–6; Land Packaging and 58; Renovation 150; Land Banking 32–3; Land
Marketing 228, 230; Physical Improvements Development 79; Land Packaging 50–1;
270, 277–8; risks 138–9; Sales/Disposition Property Redevelopment 170–1
297, 310; Transportation/Accessibility 291 Citi Bike 285
Building Owners and Managers Association civil engineers 35, 82
(BOMA) 249 Clark Construction 273
building ready 51, 78 Clean Water Acts 51, 252
Building Renovation 13, 16, 25, 27, 147–66; Clearco 45
Building Operations and 129–30; case studies closing 209, 301, 304–7
157–65; costs 155–6; Financing 215, 218, Co-star 141
224; key players 151–4; key Tasks 154–5; commencement 220
Physical Improvements 270, 274, 277; Commission of Fine Arts (CFA) 62
Property Redevelopment and 169, 171, 174; Commonwealth Atlantic Properties (CAP) 68,
risks 156–7; Sales/Disposition 297 73, 91, 185
building systems: improvements 275, 278; Commonwealth Center One 241, 274
operations 133, 135, 143, 145; renovation communicating 259–60, 314
153, 156 community 10, 100–1, 240, 261, 264; outreach
Bureau of Indian Affairs 52 93, 95, 314
burial sites 87, 173, 253 Comparison, Units of 296
buy-sell provisions 307 competitive properties analysis 238–9
Comstock Homes 99, 232, 253
Cabin Mountain Land 74 confidentiality 261, 306
Camden Property Trust 99, 232 Congress 42–3, 51, 66
Canada 180 construction see Building Development; Land
capital 5, 37, 58, 82, 151, 212–27, 289; Development
Acquisition Tasks 201, 204–5, 209; Building construction loans 132, 201, 217–20, 223;
Development 107, 110; Building Operations Building Development 107, 109–10, 112–13,
132–3, 136–7; financial projections 213–17; 124; Building Renovation 151–2; Land
formation/accumulation 217–24; Development 82, 85
management/reporting 225–6; Sales/ consulting 36, 54, 134, 174, 176
Disposition Tasks 302, 307 contamination 70, 79, 97–8, 247–8, 252–3
Index 317
contingency 85, 156 Department of Defense (DOD) 52, 66, 169, 249
contractors 82–6, 142–3, 173, 289; Building Department of Energy 136, 140–1, 249
Development 108–9, 111–12; Building Department of Environmental Protection (DEP)
Renovation 153, 155; Physical Improvements 52, 259, 261
273–7, 279 Department of Highways 52
contracts: acquisition 205–8; default 308–9; Department of Homeland Security 52
land 221, 299, 308; sales 84, 111, 174, 300–4; Department of Interior 51–2
vendor 135 Department of Natural Resources 52
Cooke, J.K. 185 Department of Transportation: federal 51;
Cooper Robertson and Partners 271 state 81
Coordinated Development District (CDD) 68–9, deposits, good faith 208, 301
92–3, 266, 274 depreciation 150
corruption 264 descriptions 295–6
Cost Approach 296 design 181, 270–2
cost-benefit analysis 153 Design-Bid-Build model 275–6
costs 6, 56–7, 242; Building Development Design-Build model 276–7
111–13, 123–4; Building Operations 135–7; Detroit 235
Building Renovation 155–6; hard/soft 213, developers 17, 25–6; behavior 14–15; defining
217, 240, 274; Land Banking 37–8; Land 9–10; self-descriptions 10–11
Development 80, 84–5; Land Packaging 56–7; developing: definition 8, see also Building
over-runs 86, 113, 156; Property Development; Land Development
Redevelopment 171, 174, 176; of travel 282 Development Agreements 84, 304–5
county governments 52, 120, 169 disabilities 286–7
cranes 120–1 disposition see Sales and Disposition
Crescent Resources 43–4, 140, 250, 267; distance 282
Acquisition 199, 204–5, 207, 209; Building District of Columbia see DC
Development 118–20, 122, 124; Land Dividend Capital 234
Development 91, 93, 95, 97–8, 100; Land documentation 135–6, 209, 249–50
Packaging 62, 66, 73; Marketing 231–2, 241; Downtown Crown 114, 125
Sales/Disposition 300, 302–5; Transportation/ draw requests 214
Accessibility 288–91 driverless vehicles 285, 313
Crosstown Center 303 drones 285
Crown Farm 39–41; Building Development Dubai 272
114–18, 125; Land Development 87–91, 101; due diligence 177, 232, 247; Acquisition 196,
Land Packaging 59–61, 74; Physical 208–9; Sales/Disposition 295–8, 301, 309
Improvements 274 Duke Energy 44, 207
CSX Transportation 120, 122, 183–7 Duke Industrial Project 224
culture 253 dumping 252
cumulative preferred returns 37
cycles, market 233–6 Eakin Youngentob Associates 94
earthquakes 253
Dallas (TX) 222–3 easements 55, 173, 290, 295–6
Davis Bacon Act 52 economic analysis see Market Analysis and
Davis, J. 42 Marketing Strategies
DC 62, 66–8, 177–80, 257 Edmonton City Center Airport (ECCA) 180–3,
DC Department of Transportation (DDOT) 187
66–7 Einstein, A. 260
DC Office of Planning (DCOP) 66–8 electricity 133, 137, 143, see also utilities
deadlines 208 elevators 133–4, 143, 286–7, 290–1
debt 5, 34, 215, 217; Acquisition Tasks 201, 204; Elkington, J. 245
Sales/Disposition Tasks 302, 308–9 Elm Street Development 94
default 175, 214, 308–9 emergencies 134, 136, 292
deficiency judgment 308 Emery, C. 10–11
defining real estate development 8–11 employment 179, 235, 282
delays 83, 85–6, 113, 138, 156 empowerment 181
demand and supply 5, 237 energy 137
demolition contractors 173 Energy Star 134, 136, 140, 249
318 Index
engineering 133, 172, 250; Building Floor Area Ratio (FAR) 296
Development 108, 112–13; Building Florida 122, 207
Renovation 153, 155; Land Packaging 54, 57; force majeure 39
Physical Improvements 272–3, 278–9 forecasting 10, 36, 235–7, 242
Entitlement Documents Package 55 forestation 252
entrepreneurs 6, 9 free look period 196, 208, 298
Environmental Issues 14, 35, 54, 192, 240, Freedom of Information Laws 261
244–54, 258, 271, 304; atmospheric & (sub) Fundamentals of Real Estate Development 8,
surface 251–3; Building Development 108–9, 229
111–12, 119–22, 125; Building Operations funds transfers 209, 306
134, 136, 139, 141–3; Building Renovation future see forecasting
153, 157; certifications 249–50; cultural &
historical 253; Impact Study 52, 154, 288; Galleria Mall 157
Land Development 81, 87; Property gap mortgage 132, 220
Redevelopment 173, 177; site assessments General Services Administration (GSA) 119,
246–9 122, 222, 249–50, 305
Environmental Protection Agency (EPA) 51, 66, geology 93, 252
119, 140, 154, 199, 222, 241, 248–50, 252; Georgetown (DC) 160–2, 166
Land Development 81, 83 Georgetown University 143
equity 5, 37, 56, 151; Acquisition Tasks 204–5; geotechnical studies 54, 86, 96, 99, 295
Building Development 107, 110, 124; globalization 6, 313
Building Operations 132–3, 136; Financing Golden Triangle 141, 162
Tasks 214–15, 217–18, 220–2; Land good faith deposits 208, 301
Development 80, 82; Sales/Disposition government 109, 251, 257–61, 265; Land
Tasks 302, 306 Banking 42–4; Land Packaging 51, 62, 66–8;
escalators 286–7, 290–1 Property Redevelopment 169–70, 174, 178–9;
escrow 111, 300–1, 304 Transportation/Accessibility 288–92, see also
Approvals and Permits; regulation
factors of production 6, 9 Graaskamp, J.A. 8–9, 12, 229, 258, 307–8
Fairfax County (VA) 157–60, 237 graves 87, 173, 253
feasibility studies 93, 196–203, 205, 208; Land Great Recession 60, 114, 214, 236, 259
Packaging 55, 57, 74; Physical Improvements Green Building Guidelines 140
271, 274 green buildings see Environmental Issues;
Feasible Set 193 sustainability
federal agencies 51–2, 66, 119, 222, 252 Green Globe Certification Program 249
Federal Aviation Administration (FAA) 120 Greenbrier Tower 207
Federal Emergency Management Agency Greensboro Grove 198
(FEMA) 66, 251–2 Gross Margin 197–8, 216
federal government 62, 66–8, 178–9, 257, 265, ground cover 252
288–9 Guaranteed Maximum Price (GMP) 111, 113,
Federal Highway Administration (FHA) 66 155
Federal Protection Services 119 guarantees 82, 220, 278, 301, 303–4
Financing 14, 151, 175, 192, 209, 212–27;
Building Development 110, 112, 124–5; Hampton Courts 145
Building Operations 127, 137; capital hard costs 213, 217, 274
formation/accumulation 217–24; Land Hayes, R.B. 42
Banking 34, 36, 39; Land Development 82, hazardous materials 139, 153, 177
85; Land Packaging 56, 58; management/ health and safety 136, 272–3
reporting 225–6; projections 213–17; Sales/ heat island effect 251
Disposition 299, 301 Hidden River 302–3
Finley, R.W. 11, 198–9 “highest and best use” 229
fire fighters 134, 136 highways 51–2, 60, 283, 285
first right of refusal 83, 107 Hilton Waterfront Hotel 224
Fish and Game Commission 52 historical conditions 153–4, 156, 173, 253, 258
Fisher, J. 18 hold-over tenants 130, 149–50, 152–3, 155, 169
flex buildings 237 holdbacks 220, 223–4, 304
flood plains 251–2 holding costs 85, 171, 213, 216
Index 319
horizontal development see Land Development Land Banking 13, 15, 24, 30–46; Building
hospitals 177–8 Development and 115; case studies 39–46;
hotels 19, 224 costs 37–8; key players 34–6; key Tasks 36–7,
House of Representatives 66 221–2; Land Development and 81; Land
Howell Mill Square 223–4 Packaging and 47–50, 74; Physical
Hyatt Hotel 120 Improvements 270; Property Redevelopment
hydrology see water and 152, 167, 170, 176, 187; risks 38–9;
hypersupply 234 Sales/Disposition 297
land contracts 221, 299, 308
IKEA 216, 290, 303 Land Development 13, 24, 76–102; Approvals/
improvements see Physical Improvements Permits 266; Building Development and
Income Approach 296 103–7, 114; case studies 87–101; costs 84–5;
industrial buildings 19, 237 Environmental Issues 248–9, 253; key players
infrastructure 61, 226, 272, 289; Land 80–3; key Tasks 83–4, 215–18, 226; Land
Development 76, 79, 81, 95–6, 99–100; Packaging and 48–51, 57–8, 61, 73–4;
Physical Improvements 266–7; Property marketing 230; Physical Improvements 270,
Redevelopment 172, 177 272, 274, 277, 279; Property Redevelopment
innovation 179, 181–2, 271, 313–14 and 187; risks 85–7; Sales/Dispositions 297,
inspectors 109, 134 303–5, 307–8; Transportation/Accessibility
insurance 53–4, 140, 173; Financing Tasks 213, 288–91
224; Land Banking 35, 37, 39 land lease 36, 62, 209, 221
interest 37, 80, 112, 224, 260 land owners, adjacent 53, 55, 81–2, 133–4
interest rates 58, 82, 152, 201, 217–19 Land Packaging 13, 24–5, 27, 47–75; Approvals/
interim users 70, 150, 213; Land Banking 36, Permits 266; Building Development and
38–9; Property Redevelopment 169, 172, 114–15, 118; case studies 59–74; costs 56–7;
174–5 Environmental Issues 248; key players 51–4;
interior architects 107 key Tasks 54–6, 221; Land Banking and 31–4,
intermodal hubs 284 36, 41–2, 44, 46; Land Development and 79,
internal rates of return (IRR) 198, 204, 216–17, 81; Physical Improvements 270–1, 277;
222, 226 Property Redevelopment and 168–70, 172–6,
Internal Revenue Service (IRS) 52, 80, 225, 282 183, 187; risks 57–9; Sales/Disposition 297,
International Plaza 122–3, 201–2, 207, 274; 302; Transportation/Accessibility 290
Building Development 122–5 land parcels 175–6
interviews 247 land planners 54–5, 57, 82
investible future 30 landscape architects 82, 108, 271
Investment Committees 207, 223, 298, 302–3, landscaping 137
305 Las Vegas 236
Investment Reports 207 lawsuits 72
investment values 56, 296 Lazard Freres 68, 185
investors 204, 306; Building Operations 127, Leadership in Environmental and Energy Design
132, 136, 140–1; Financing Tasks 218, 222 (LEED) 62, 241, 249–50, 305; Building
Development 119–20, 122, 125; Building
Jamestown Properties 162 Operations 136, 140, 142–3
janitorial services 137, 143 Leadership Legacies 8
JBGR 89, 114, 117 leasing 36, 62, 176, 209, 296; Building
Johns Hopkins University 11, 259 Development 106–8, 110–11; Building
joint venture 124, 204, 222–3, see also Operations 130, 133, 135–6, 140–5; Building
partnerships Renovation 153, 155; Financing Tasks
JP Morgan 122, 140–1, 250 217–18, 221
legal description 208, 295–6
K Street (DC) 141–3, 145 legal expenses 36, 174
K-Corp 45–6 Letter of Intent (LOI) 74, 196, 205, 232, 298,
Kay, M. 260 300, 302
KB Homes 41, 59–60, 89, 114 leverage 217
Kiwanis Trail 45 liability 37, 173, 175, 213, 222
Kroger Grocery 223 Liberty Property Trust 264
Kuwait City 272 lien 152
320 Index
limiting assumptions 208 mortgage 214, 217–24; Acquisition 201, 209;
limiting conditions 192 Building Development 104, 112; Building
Lincoln, A. 42 Operations 132–3, 136; Building Renovation
linkages 282 151–2; Land Development 80–1; Property
loans 37, 45, 80–2, 85, 217–18, 289, 307–8, Redevelopment 174–5; Sales/Disposition 299,
see also capital 301, 308
lobbyists 261 motivated sellers 34–5
local authorities 35, 109, 134, 251; Approvals/ Mueller, G. 234
Permits 257, 261, 265–6; Building Renovation municipalities see local authorities
154, 156; Land Development 85, 100; Land Murphy’s Law 56
Packaging 51, 53, 68–73; Property
Redevelopment 168, 171, 174, 177–8; NAIOP 198, 258
Transportation/Accessibility 288–91 National Association of Realtors 258
local historians 153, 173 National Capital Planning Commission (NCPC)
location 235, 282, 292 66–8, 257
Los Angeles 251 National Environmental Policy Act (NEPA) 52,
Lyft 285 66, 72, 154
National Geospatial Intelligence Agency (NGA)
M Street (DC) 160–6 232
maintenance 133, 277–8, 290–2 National Historic Preservation Act (NHPA) 52,
management 132–3, 136, 152, 156, 225–6 66, 154
marginal value see spread National Park Service (NPS) 52, 62, 285
Market Analysis and Marketing Strategies 6, 14, National Pollutant Discharge Elimination
228–43; Acquisition and 197, 208; Building System (NPDES) 259
Development 110, 113–14; Building National Register of Historic Places 52
Operations 138, 143; Building Renovation National Trust for Historic Places (NTHP) 66
154–7; competitive properties analysis 238–9; Native Americans 52
Financing and 216, 223; forecasting 10, 36, negotiations 83–4, 232, 300–4
235–7, 242; Land Banking 35, 38; Land neighborhood 240; activists 53, 82, 154, 156,
Development 85–8; Land Packaging 56–61, 173, 253; associations 118, 134, 139;
73; market conditions analysis 233–8; deterioration/social issues 138, 177; groups
promotions/advertising 239–42; Property 100, 174–5
Redevelopment 167–8, 176; real estate market neighbors 53–5, 81–2, 120, 133–4, 172–5, 258
characteristics 4–5; Sales/Disposition and Nestle 145
297–300; site level strategies 229–32; Net Operating Income (NOI) 123–4, 199
Transportation/Accessibility and 286, 289 net present value 198
Market Capitalization Rate 107 “no further action” letter 248
market cycles 233–6 North Carolina 44, 215, 217
market value 296 North Moore Street 145
Massachusetts Avenue (DC) 143–5 “Not In My Back Yard” (NIMBY) 258
mathematical programming 192 “Not On Planet Earth” (NOPE) 53, 258
Mathews Company 45
Memorandum of Understanding (MOU) 66, 68, Oaktree Development 246
257 off-site transportation 283–6
merchant builders 103, 107, see also Building Offering Memorandum 295
Development Office of Historical Preservation 253
Meridian Development 99 offices 18, 118–19, 141, 160, 162–5
Mexico City 42 Ohio 248
mezzanine loans 220 Oklahoma 11
M.I. Homes 89, 114 on-site accessibility 286–8
milestones 207–8 Open Meeting Laws 261
Millennium Realty Advisors 232 options 37, 56, 74, 174; Acquisition Tasks 209,
mini-perm loan 110, 220 221; Sales/Disposition Tasks 299, 301, 309
mistakes 242 outreach 93, 95, 240, 314
mixed use 19, 60, 90, 177, 223, 266 over-runs 86, 113, 156
mold 139, 153, 157 Overall Capitalization Rate (OCR) 197, 199–201
Montgomery County (MD) 41, 59–60 Overall Return 197–8
Index 321
paper enhancements 79 predicting see forecasting
paper infrastructure 48, 54 press release 306–7
parking 67, 120, 160, 198, 258, 290–1 price: acquisition 56, 74, 174; asking 297–8;
parks and recreation departments 257, 285 guaranteed maximum 111, 113, 155;
partial parcel sales 307–8 materials/labor 86; sales 87, 114, 171, 301–3
partnerships 124, 133, 159, 204, 246; Financing private sector 256, 261, 267
Tasks 220, 222–3; Land Banking 39, 41; Land product types 17–20
Packaging 56, 59–60; public-private 170, 187, production: factors of 6, 9; functions 5
286, 289–90; Sales/Disposition Tasks 306–7 professionals 15–16
paths 284–5, 289, 291 proffers 112
patient money 222 profitability 216–17; feasibility studies 197–9,
Peabody College 44–5 see also spread
pedestrians 283–5, 287, 291 Program of Requirements (POR) 119
Penn Landing 264 programming 192
pension funds 140, 223 project managers 152, 155–6
perched water 98–9 projections: financial 213–17, see also forecasts
performance bonds 83, 291 promotions 239–42
Perkins and Will 182–3 property managers 132–3, 136, 152, 156, 225
permanent loans 133, 152, 218–20, 223–4 Property Redevelopment 25, 167–87, 198;
Permit Extension Act 259 Building Renovation and 148, 150, 152, 165;
Permit Purgatory 267 case studies 177–87; costs/risks 176–7; key
permits see Approvals and Permits players 172–4; key Tasks 174–5; Land
Phased Development Site Plan (PDSP) 68, 92, Banking and 32–3; Land Packaging and
118–19, 266 47–50, 53; Physical Improvements 270;
phasing 87, 89, 299 Sales/Disposition 297
Philadelphia 264 Public Art Concept Plan 266
Phipps Tower 124–5, 201, 203–5, 207 public records review 247
Physical Improvements 14, 113, 269–80; public sector 256, 261, 267
Building Operations 138, 142–3; Building public works departments 257
Renovation 156–7; construction 273–7; public-private partnerships 170, 187, 286,
engineering 272–3; Land Development 86, 289–90
90; maintenance 277–8; planning/design Pulte Homes 89, 95, 114
270–2; Sales/Disposition 303–4; purchase money mortgage 151, 174, 209, 221,
Transportation/Accessibility 285–6, 289 299, 301, 308
Piedmont Town Center 217, 266–7 purchase and sale agreement 221
planning 82, 172, 249, 257; Land Packaging 52,
54–5, 57; Physical Improvements 270–2, quality 86, 113, 138, 156–7
278–9
police officers 134, 136 railways 120, 122, 177, 183–4, 284–5
politics 35, 53, 173, 175, 260, 264, 286 reading 233
pollution 247–8, 251 real estate: defining development 8–11; general
portfolio 130, 132, 140, 224, 310 themes 5–6; market characteristics 4–5; three
post-closing conditions 208–9, 303–5 commandments 6–7
Potomac Yard: Acquisition 199–201, 207; Real Estate Development Cube 18
Approvals/Permits 266; Building Real Estate Development Matrix (@REDM)
Development 118–22, 125; Building 3–4, 12–16
Operations 139–41, 145; Environmental Real Estate Development Process 8–9, 11, 303,
Issues 250, 253; Financing 222, 226; Land 311–12
Development 91–101; Land Packaging 68–74; Real Estate Investment Grade Value Index 141
marketing 231–2, 241; Physical recession 234, see also Great Recession
Improvements 271–2, 274; Property recovery 234
Redevelopment 183–7; Sales/Disposition recycling 135, 137, 143
304–5; Tasks 216–17; Transportation/ Redbrick LMD 180
Accessibility 290–1 redevelopment authorities 172, see also Property
pre-closing conditions 207 Redevelopment
pre-construction services 103, 273 regional analysis 235–8
pre-sale 132, 152, 290, 303, 305 regional authorities 35, 52, 257, 265, 288
322 Index
regulation 44, 58, 62, 81, 252, 267 Land Development 76–7; Land Packaging
REITs 162, 165 47–8; Property Redevelopment 167–9;
renovation see Building Renovation Stages 25–6
rent 132–3, 135, 147, 152–3, 213 Schilke, C. 256, 265
repairs and replacements 278, 291 scope creep 112, 155
reports 136, 214, 225–6, 234, 247 Scott, W. 42
representations 205–6 seaports 284
Request for Information (RFI) 181–2 security 119–20, 134, 137, 273, 284–7, 290–1
Request for Proposals (RFP) 62, 119; Property seller-financing 151, 175, 209, 210, 221, 299, 301
Redevelopment 177, 179, 182, 187 Senate 66
Request for Qualifications (RFQ) 62 sewers 52, 70, 118, 177, 261, 274; Land
reserves 85, 137–8, 278, 291, 307 Development 83, 92–4, 96, 100
residential 18, 68, 89, 95, 114, 143, 145, 232 Shakespeare, W. 7, 24
restaurants 142 shopping centers see retail
retail 18–19, 302; Building Development 117, shovel ready 51, 78
122–3; Building Renovation 149–51, 154, sidewalks 283, 287, 290–1
157–62, 166; Financing 223–4; Silo Bend Industrial Park 207
Transportation/Accessibility 282, 287 Simpson, A. 260
returns 124, 197–201, 204, 217; Land Banking site level strategies 229–32
34, 37; on total costs 107, 199–201, 222 site visits and assessments 242, 246–9
review boards 206–7, see also Investment Smith, A. 6
Committees Smith (Charles E.) Company 72–3, 118
Richmond Fredericksburg and Potomac social media 176, 241, 298, 313–14
Railroad (RF&P) 183, 185, see also soft costs 213, 217, 240, 274
Potomac Yard soil 86, 96–9, 247–8, 252–3
rights: -of-way 55, 60, 295–6; bundle of 4, 205 Soil Management Plan (SMP) 97–8, 253
RIPA 117 solicitation for offers 298
risks 9, 217–18, 300; Building Development Sources and Uses of Funds Statement 213
113–14, 120, 124; Building Operations 130, South Carolina 44
138–9; Building Renovation 152, 156–7; sovereign wealth funds 140
Land Banking 38–9; Land Development 80, Special Skills 4, 215
85–7; Land Packaging 57–9, 74; Property spread 34, 51, 80, 132, 151, 171–2, 216–17;
Redevelopment 176–7 Acquisition 196–7, 199–201; Building
roads 38, 60, 283, 285, 287–91; Land Development 107, 123–4
Development 78, 80–1, 96–7 Stages 5, 12–18, 23–9, 118
Rouse, W.G. III 264 stakeholders 66–8, 73, 76, 82, 95, 254, 264, 272
Rumsfeld, D. 17 state authorities 52, 81, 248, 257, 265, 288–9
Ryland 89, 114 State Historic Preservation Offices (SHPOs) 52,
154
S-Curve 274 storm water 58, 60, 83, 252, 259, 266–7
safety 136, 155; Physical Improvements 272–3; streams 252
Property Redevelopment 171–2, 174; streets see roads
Transportation/Accessibility 287–8, 292 structural issues 157, 172
St. Elizabeth’s 177–80, 187 subcontractors 108, 153, 155, 273–5, 279
Sales Comparison Approach 296 subdivision approval 261–3
Sales and Disposition 14–15, 132, 151, 176, 192, submarkets 236–8
196, 294–310; alternative strategies 307–9; subsurface conditions 252–3
Building Development 108, 110; closing Sunbrook Partners 60, 87–90, 114–15
305–7; contracts 84, 111, 174, 300–4, 308; sunlight 251
due diligence 295–7; marketing 230, 240, supply and demand 5, 237
297–300; price 87, 114, 171 surety bonds 83, 291
“satisficing” 192 surface conditions 251–2
scenario analysis 242 survey 35, 54–5, 57, 82, 173, 295
scheduling 83, 86, 225, 273, 305 sustainability 5, 125, 181–3, 241, 244–6, 271–2,
schematic diagrams: Building Development 104; 313; Building Operations 134, 136; Land
Building Operations 128–9; Building Packaging 54, 58, see also Environmental
Renovation 147–8; Land Banking 31; Issues
Index 323
takeaways 311–12 Vanderbilt University 44–5
Tampa (FL) 122, 207, 302 vendors 135, 137, 278, 291
Tasks 14–18, 25, 191–4; Building Development Venn diagrams: Building Development
109–11, 120; Building Operations 135–6; 105–6; Building Operations 129–30;
Building Renovation 154–5; Land Banking Building Renovation 149–50; Environmental
36–7; Land Development 83–4; Land Issues 245; Land Banking 32–3; Land
Packaging 54–6; Property Redevelopment Development 78–9; Land Packaging
174–5 49–50; Property Redevelopment 169–70;
tax 38–9, 52, 85, 134, 136, 213, 225–6 Stages 26–7
tax incremental financing (TIF) 289 vertical development 103, 279, see also Building
TCR 232 Development
technology 5, 274, 285, 313–14 Vienna (VA) 198
tenants 169, 230; Building Development 108, Virginia 68, 96–8, 159, 184–5, 198, 207, 237,
111–12; Building Operations 130, 133–8, 266–7; Northern 154, 217, 232
142–3; Building Renovation 149–55; Virginia Rail Express 122
Transportation/Accessibility 287, 289–90 Vornado 162
Texas 222–3
third dimension 17–20 wages 52
three commandments 6–7, 199, 210, 312 walkways 283–5, 287, 291
title 35, 53–5, 57, 111, 173, 295, 303, 306 warranties 206, 278, 301
Total Development Costs 199 Washington (DC) 222, 236, 250, 285; Building
trails 284–5, 287, 289 Operations 141, 143; Building Renovation
Transportation and Accessibility 14, 52, 120, 157–65; Land Banking 40, 42; Land
157, 281–93; construction 288–90; Packaging 59, 62, 73; Property
maintenance 290–2; off-site transportation Redevelopment 178–9
283–6; on-site accessibility 286–8; Property Washington Area Airport Authority 122
Redevelopment 177, 192, 198 Washington Metropolitan Area Transit Authority
Transportation Master Plan (TMP) 266 (WMATA) 157
trees 252 Washington Redskins 185
tri-party agreements 220, 223 waste 96, 135, 137, 143, 182
triple bottom line 245 wasting parts 137
Tucker County (VA) 74 water 177; Environmental Issues 248, 251–2;
Tysons Corner Shopping Center 157–60, 166 Land Development 81, 83, 97, 100–1; Land
Tyvola Crossing 302 Packaging 51–2, 58, see also storm water
weather 85–6, 136, 251, 285, 291
Uber 285 website 4, 19
underwriting 153, 196, 201–5 weighted average 239
Units of Comparison 296 West Virginia 205
University of Oregon 250 Westfields Corporate Park 205, 232, 241,
Urban Design Guidelines 55, 68, 70, 72, 92, 266, 300–2
271–2 wetlands 81, 252
Urban Land Institute (ULI) 8, 229, 258, 260 White Paper 207
US Green Building Council (USGBC) 62, Wilder, L.D. 185
249–50, 305; Building Development 119, 122, wildlife 52
125; Building Operations 136, 140–3 wind issues 251
USAA 140–1 World Trade Center 251
USF&G Insurance 207 Wormald Homes 90, 114
utilities 55, 78, 137, 266, 290–1; Land
Development 78, 80–1, 89, 94, 96 yield curve 218
valuation 134, 229, 296 zoning 71, 78, 114, 295; Approvals/Permits 258,
value creation 5, 13–16, 25–6, 145, 195–6, 224, 266–7; Building Renovation 169–70, 172;
294; Building Operations 127, 129–30 Physical Improvements 271–2, 277