Miles Et Al. 2007

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The Real Estate Development


Process

f) eal estate development is the continual reconfig- Both public and private participants in real estate
A.ur"tio., of the built environment to meet soci- development share compelling reasons for under-
etyt needs. Roads, sewer systems, housing, office standing the development process. The goals of pri-
buildings, and lifesryle centers do not just happen. vate sector participants are to minimize risk while
Someone must initiate and manage the creation, maximizing personal and/or institutional objec-
maintenance, and eventual re-creation of the spaces tives-usually profit (wealth maximization) but often
in which we live, work, and play. nonmonetary objectives as well. Few business ven-
The need for development is constant, because tures are as heavily leveraged as traditional real estate
population, technology, and taste never stop chang- development projects, magnifying the risk of ruin but
ing. New generations, new lifestyle choices, and also increasing the potential for high returns to
revolving immigrant groups, coupled with the evolu- equity. Large fortunes have been and continue to be
tion of technology, drive economic changes in con- made and lost in real estate development.
sumer tastes and individual preferences. The public sectort goal is to promote sound and
-Vhether current consurner, new citizen, or real smart development, ensuring that construction is
estate professional, all of us inhabit the built environ- attractive and safe and that new developments are
ment. Furthea through the legislative/political process, located and designed to enhance the communiry
we collectively continue to alter the rules of the develop- provide needed space, and boost the economy. Sound
ment process. Therefore, we should all understand the development means balancing the publict need for
development process. The development process creates both constructed space and economic growth against
the houses we live in, the mixed-use development down the public responsibility to provide services and
the street, the 25-story office tower downtown, fie improve the qualiry of life without harming the envi-
warehouse that stored the paper this book was printed ronment.
on, and the convenient (but to some tastes terribly unat- The public and private sectors are involved as
tractive) fast-food restaurant on the commercial strip. partners in every real estate development project. A
4 INTRODUCTION

key tenet of this book is that all participants enjoy a profile is of Russell Katz, a young developer who was
higher probabiliry of achieving their goals and objec- originally trained as an architect. An ardent supporter
tives if they understand how the development process of green buildings, one of his goals in developing Ele-
works, who the other players are, how their objectives vation 314, a four-story, 52-tnit apartment complex,
are interwoven, and the need to achieve consensus. is to demonstrate the potential of environmentally
This book was written for people who need to friendly architecture.
understand real estate development from the perspec- The other project involves two residential towers
tives of both the public and private sectors. Its aim is developed in Cambridge, Massachusetts, by Dean
to be useful to present and future developers, city plan- Stratouly of Congress Group Ventures. Museum
ners, legislators, regulators, corporate real estate offi- Towers is the story of a development in a pioneering
cers, land planners, lawyers specializing in real estate or location.
municipal law, architects, engineers, building contrac- In addition to Katzt and Stratoulyt experiences,
tors, lenders, market analysts, and leasing agents/bro- Appendix A of this edition includes an account of
kers. Readers are assumed to have already acquired the 'Whit Morrowt Europa Center. Originally inter-
fundamentals of real estate and/or ciqy planning. This spersed throughout the pages of previous editions of
book summarizes but does not repeat in great detail this book, the case study of Europa Center has
basic information about real estate law and finance, changed as this book has changed. In the first edition,
urban economics, and land planning and design. Morrow recounted in his own words all phases of the
Although the focus of our book is the individual entre- development process for this Class A office building:
preneurial developer, it is important to note that devel- from conception through planning, permitting,
opers can also be financial institutions, corporations, financing, and construction to completion, leasing,
universities, medical centers, private investors, cities, and ongoing management. In subsequent editions,
municipalities, and others. The process laid out in this we learned how the building functioned over time
book remains essentially ths sarns-no matter who the and about the need for related development.
developer is. Market decisions still have to be made, These projects tell stories of unexpected compli-
pro formas still need integriry designers have to be cations and their resolution through the words of the
consulted, and so on. The precess might be layered by developers.
various institutional procedures and committees and To begin the discussion of the development
boards oftrustees, but the product is achieved by going out the functions of the
process, this chapter lays
through the same steps. In fact, many institutions and process and its many players:
cities are hiring entrepreneurial developers on a fee
basis to manage a project's development within the > The definition of real estate development;
larger organi zationil. framework. > The eight-stage model of real estate
Throughout, the book includes profiles of devel- development;
opers and the diverse set of professionals who work > The characterization of developers and their
with developers. Their career paths are always inter- reputations;
esting and often surprising. Their perspectives on > The development team;
development are especially valuable because these > The public/private partnership;
individuals have lived the process we are describing. > Market and feasibiliry studies; and
Development decision making has become more dif- > Design.
ficult as the world has grown more complex, and
developers' and professionals' insights help frame the The next two chapters complete the introduction
development process in human terms. by defining the playing field-the spatial economics of
In addition to the various pro6les, the book the contemporary city-and then defining the roles of
focuses on three developers and three projects. One the various participants in the process. Chapter 2
THE REAL ESTATE DEVELOPMENT PROCESS

5
describesthe raw materials of the development process, and the time needed to work with them has
r
process-demographics-while Chapter 3 adds detail to be factored into the development equation.
and contemporary color to the process and the players. Finally, selling or renting the space to users at the
Part II presents a long-term historical perspective intended (or higher) price is the act that proves the
on real estate development in the United States. Part entire project was justified. This consummation
III then covers the financial mechanics that support requires the expertise of marketing professionals,
t 'W'eb
development decision making. Finance is not the graphic artists, salespeople, site developers,
t
goal, however; rather, finance constitutes the logic lawyers, and others. The developer must ensure that
I
t}rat allows the developer to bring together several all these slsrnsnl5-xnd many more to be identified
I
participants (each with its own set of objectives) in a later in this book-are completed on schedule, are
coordinated effort that will ultimately make a profit. properly executed, and are reasonably within budget.
The book then proceeds through the eight-stage Today, development requires more knowledge
model to look in detail at decision making in the real than ever before about the specifics of prospective
estate development process. markets and marketing, patterns of urban growth,
F
neighborhood associations, traffic, legal require-
i
ments, local regulations, public policy, conveyances
DEFINING REAL ESTATE
and contracts, elements of building design, site devel-
DEVELOPMENT
opment, construction techniques, environmental
A real estate development starts as an idea that issues, infrastructure, financing, risk control, and
comes to fruition when consumers-tenants or time management. Ever-increasing capacities and
owner-occupants-occupy the bricks and mortar complexities along each of these dimensions have
(rpr..) put in place by the development team. Land, resulted in increased specialization. As more affiliated
hbor, capital, management, entrepreneurship, and professionals work with developers, the size of the
broadly defined partnerships are needed to transform development team has expanded and the roles of some
an idea into realiry. Value is created by providing professionals have changed. Although greater com-
usable space over time with associated services. It is plexity has generated the need for better-educated
frese three things-space, time, and services-in developers (educated both in book knowledge and
association that are needed so consumers can enjoy hard knocks), it has not changed the steps they usu-
rhe inrended benefits of the built space. Although the ally follow in the development process.
,lefinidon of real estate development remains simple,
6e acdviry continues to grow more and more com- THE EIGHT-STAGE MODEL OF
pla- The product of the development process-a REAL ESTATE DEVELOPMENT
E$ or a redeveloped project-is a result of the coor-
dinared efforts of many allied professionals. Developers follow a sequence of steps from the
Danelopments do not happen without financial moment they first conceive a project to the time they
bart'ing and often require multiple agreements to be complete the physical construction of that project
nc8odated by multiple financial players. Only then and begin ongoing asset management or sell the fin-
.-n phvsical construction or reconstruction be ished product. A-lthough various participants of the
rerted, involving the myriad of design professionals, development process may delineate the sequence of
rrn.lrucrion workers, engineers, and so on. Before, steps slightly differently, the essence of the steps does
Jer, and during the process, the developer works not vary significantly. At a minimum, development
rih public sector officials on approvals, zoning requires the following elements: coming up with the
A-n8"s, exacrions, building codes, infrastructure, idea, refining the idea, testing its feasibiliry negotiat-
rd so on. Increasingly, community groups in many ing necessary contracts, making formal commit-
rtc< demand to be key players in the development ments, constructing the project, completing and
6 INTRODUCTION

opening it, and, finally, managing the built project. relations) in each of the eight stages as well as interac-
This text seeks to capture that essence in the eight- tion of the firnctions over time.
stage model depicted in Figure 1-1. Succeeding chap- It is a huge mistake to underrate the importance
ters detail the activities that collectively make up the of asset management and properqF management after
eight-stage model of the development process. the project is built or to overlook provision for them
Before proceeding further with the model, a few during design and construction. For example, operat-
points about development must be emphasized. First, ing a building with every up-to-the minute techno-
the development process is hardly straightforward or logical bell and whistle may require technical
linear. A fow chart similar to that shown in Figure 1-1 competence beyond the general management skills
can freeze the discrete steps and guide an understand- rypical of most properry managers. In addition, asset
ing of development, but no chart can capture the con- managers need to remarket space continually and to
stant repositioning that occurs in the developert mind upgrade or remodel buildings periodically to keep the
or the nearly constant renegotiation between the devel- space competitive in an evolving market. Institu-
oper and the other participants in the process. And tional investors and corporate owners are also keenly
dont forget that redevelopment of existing projects aware of the periodic need for and cost of major
requires many of the same steps as development. remodeling to prolong the economic life of buildings.
Moreover, in very large projects, individual develop- Careful planning during stages one through seven
ment components can be "nested" within a larger should enable developers to find ways to minimize
development plan. For example, during the develop- the frequency and cost of retrofitting buildings.
ment of a large-scale community like Stapleton in \Whether or not developers manage the properry for
Denver, Colorado, individual components of the com- the long term, they are responsible for considerations
muniry may be in different stages while the overall involving asset management during the first seven
development plan is in stage six-construction. stages. Given that developers' actions largely deter-
Second, development is an art. It is creative, often mine future operating costs and that the expected
extremely complex, partly logical, and partly intu- magnitude of such costs represents a significant part
itive. Studying the components of real estate develop- of the project value (i.e., what it will sell for), todays
ment can help all players make the most of their developers focus sharply on making building opera-
chances for success. \7hat cannot be taught are two tions appropriately cost-effi cient.
ingredients essential to the success of the real estate Fourth, although the model for development is
developer/entrepreneur: creativity and drive. At based on realfty, it also represents an ideal version ofthe
times, a smart developer will choose to move in a dif- process and gives an elegant means of imparting the
ferent order than the one suggested here. information. The various stages of fie model assume a
Third, at everystage, developers should consider all well-informed developer, a fiorough analysis of the
the remaining stages of the developmenr process. In market, accurate assessments of the cost of construc-
other words, developers should make current decisions tion, and so on. They assume a businesslike approach to
fully aware of the implications of these decisions nor the process. They do not totally account for the lucky
just for the immediate next step but for the life of the intuitive person who had a gut feeling about something
project. By doing so, they ensure that the development and used all sorts of unconventional means to get the
plan and its physical implementation come closest to project built. ReaI estate development has been firll of
the optimum for the duration of the entire develop- stories of those people whose gut has led them to being
ment process and, equally important, for the projectt very successful in the business. They are becoming less
long expected life. common because of more and tighter regulations,
Fourth, the development process requires interac- declining arnounts of developable land, and so on, but
tion among the different functions (construction, they still exist. You will hear from one such maverick,
finance, management, marketing, and government Pamela Bundy, who is profiled in Chapter 19.
THE REAL ESTATE DEVELOPMENT PROCESS 7

Figure 1-1 The Eight-Stage Model of Reat Estate Development

Inception of an Idea Devetoper with extensive background knowledge and a great


tce
Not feasibte dea[ of current market data [ooks for needs to fitt, sees possibil
ter Feasibte ities, has a dozen ideas, does quick feasibitity tests in his head.
:m
-
I
r.t- t
ro- Refinement of the Idea Developer finds a specific site for the idea; looks at physical
Not feasib[e feasibiLity; tatks wjth prospective tenants. owners. lenders,
ral
fls
Feasibl"e -, partners. professionats; setttes on a tentative design; options
the land if the idea looks good.
ret
to Feasibility
l Devetoper conducts or commissions a more formal market
he Not feasibte study to estimate market absorption and capture rates, con-
1l- Feasibte -., ducts or commissjons feasibitity study comparing estimated
vatue of project with cost, processes plans through govern-
rly
I ment agencies. Demonstrates [ega[. physical, and financial
ior I feasibitity for at[ participants.
tr. t
en Contract Negotiation Devetoper decjdes on finaI design based on what market study
v.e. Cannot reach binding contracts says users want and wil.t pay for. Contracts are negotiated.
Can reach binding contracts Devetoper gets loan commitment in writing. decides on gen-
r. eraI contractor, determines generaI rent or saLes requirements.
br I
I
obtajns permits from [oca[ government.
ns
I
en
:r-
t
Five: FormaI Commitment Contracts, often contingent on each other, are signed. Devet-
ed oper may have atl contracts signed at once: joint venture
rrt agreement, construction loan agreement and permanent loan
commitment, construction contract, exercise of [and purchase
yt
option, purchase of insurance, and pretease agreements.
:a-

is Six: Construction Devetoper swjtches to formal accounting system, seeking to


he keep atl" costs withjn budget. Deve[oper approves changes
he suggested by marketing professiona[s and development team,
resolves construct'ion disputes, signs checks, keeps work on
:a
schedu[e, brings in operating staff as needed.
he
tc-
to Seven: Completion and Developer brings in ful.t-tjme operating staff, increases adver-
ky Formal 0pening tising. City approves occupancy, util"ities are connected. ten-
ng I
ants move in. Construction loan is paid off. and permanent
I [oan is ctosed.
he
of
t
Eight: Property, Asset, and Owner (either devetoper or new owner) oversees property
rlg Portfolio Management management (inctuding re-teasing), reconfiguring. remodet-
:ss ing, and remarketing space as necessary to extend economic
lS' Life and enhance performance of asset; corporate management

ut of fixed assets and considerations regarding investors' port-


foUos come into ptay.
t!
INTRODUCTION

Fifth, it is imperative to remember that the devel- assumes personally is an important issue that com-
opment process is inherently interdisciplinary and mands significant attention throughout this book.
dynamic. It is not a game won by exhibiting excep- Regardless of which risk control devices the developer
tional depth in one particular area, say, electrical finds appropriate for a particular project, the devel-
design. Rather, it is a complex process that demands oper ultimately is responsible for managing all aspects
attention to all the different aspects of creating the of that project. Obviously, successful developers must
built environment-political, economic, physical, be able to handle (and thrive under) intense pressure
Iegal, sociological, and so on. Good management of and considerable uncertainty.
the interactions among various disciplines-with It is an error to assume that all developers are
special attention to the areas that are most crucial to alike. Some, for example, develop only one type of
the specific project-is essential to successful devel- property such as single-family houses; others develop
opment. Further, many of the components of this anything commercial or industrial. Some developers
interdisciplinary world are experiencing an accelerat- carve out a niche in one ciry and refuse opportunities
ing rate of change, and all the interfaces among the outside it; others work regionally, nationally, or inter-
disciplines are constantly in flux. nationally. Some developers run extremely lean
Finally, U.S. real estate development is global in organizations, hiring outside expertise for every func-
perspective. Financing is increasingly provided by
international sources, tenants are served globally, and
international building firms offer the full gamut of
construction services. And although your architect
may be based in San Francisco, the engineers might be
working out of a less expensive part of the country NAME
and the drawings for the project might be done in Congress Group Ventures (two partners)
India. Most important, continued immigration results
in lifesryle shifts that are changing what people want FOU N DED

in the built environment. As different ethnic groups 1980

continue to settle in metropolitan areas, the configu-


PU RPOSE
ration of cities and the needs of citizens shift. Devel-
Originatty estabtished to rehabi[itate a historic property
opers must be prepared to respond to these changes. in downtown Boston; moved into devetopment of com-
mercial space, condomjniums, and apartments

CHARACTERIZ!NG DEVELOPERS Sample of Projects Completed from 1980 to 1999


Developers are like movie producers in that they Russia Whorf
assemble the needed talents to accomplish their Boston
objectives and then assume responsibility for manag- Historic rehabihtation

ing individuals to make sure that development poten- 1ne MemoiaL Dive
tial is realized. They are proactive; they make things Cambridge, Massachusetts
happen. As we will see in later chapters, a great deal 0ffice buitding
of uncertainty is associated with the development 28 State Street
process, just as with the introduction of any new Boston
product. Unlike most new products introduced (say, 0ffice buitding redevelopment
a new MP3 player), real estate development involves WayLond Business Center
long-term commitments (buildings last for decades). Waytand, Massachusetts
Thus, the cost of making a mistake is extraordinarily 0ffice buitding redevelopment
continued on poge 75
high. Just how much of the related risk the developer
THE REAL ESTATE DEVELOPMENT PROCESS el
t- tion from design to leasing; others maintain needed Private developers/entrepreneurs must balance an
k- expertise in house. Some work in publicly traded com- extraordinary number of requirements for complet-
er panies, often rea.l estate investment trusts (REITs), ing a project against the needs of diverse providers
t- while others prefer to stay private, forgoing certain and consumers of the product. As Figure 1-2 shows,
ts capital market advantages to avoid the short-term press developers first need the blessing of local government
st of quarterly earnings. In between are many gradations. and possibly neighbors around the site. Often, to
re
As in most professions, developers range from those obtain public approval, developers are required to
who put reputation above profit to those who fail to redesign the project. Therefore, appropriate flexibiliry
re respect even the letter of the law. Likewise, in ego and is one of a developert most crucial traits. Second,
Df visibility, developers varF enormously. Some name developers need to be able to identiS, tenants or
rP
buildings for themselves; a few cherish anonymiry. buyers (the users) who will pay for space over time
rs One of the projects featured in our case studies, with associated services. Third, developers lead an
es
Museum Towers, was developed by a company that internal team of specialists who depend on a given
f-
started with a historic properqF it converted from developer for their livelihood (the staff) and recruit
m industrial to office space. Since its inception, the external players whose business is contracting with
c- company has developed office, retail, multifamily, developers. Fourth, developers demonstrate the proj-
and light industrial projects. ect's feasibility to the capital markets and pay interest
Our other featured case study tells the develop- or offer equity positions in return for funding
ment story of Elevation 314. This apartment build- (finance). In every one of these areas as well as in
I ing is only the third project and the first construction
project (the other two were renovations of existing
interactions between areas, developers practice some
form of risk management, initiating and managing a
apartment buildings) to be developed by 38-year-old complex web of relationships from day one through
(as of January 2007) developer Russell Katz. the completion of the development process.
This book refers many times to the "development
team" that designs and builds the developert idea. it is
worth noting that probably only 1 percent (perhaps
fewer) of the people in real estate development are
developers/entrepreneurs. The other 99 percent include

NAME
a wide range of professionals, support staf[ and build-
ing tradespeople who are indispensable players. Clearly,
Montgomery 0aks Management, Inc.
challenging work abounds in real estate development
Purpose for all participants, not just for the developer. Under-
To devetop and manage real estate in the Washington. standing the decisions facing the developer is critical to
D.C., metropolitan area all participants, just as it is for the general public.
The developert job description includes shifting
ProjecB Completed
roles as creator, promoter, negotiator, manager,
ELm Gordens leader, risk manager, and investor, adding up to a
Washington, D.C. much more complex vision of an entrepreneur than a
Rehab of a 36-unit, 1960s-era garden-style apartment person who merely buys low to sell high. Developers
compLex
are more akin to entrepreneurial innovators (like Bill
The SheLdon Gates, \Tarren Buffet or Michael Dell)-people who
Washington, D.C.
realize an idea in the marketplace-than to pure
Rehab of a 12-unit apartment buitding originalty con-
traders skilled primarily at arbitrage.
structed in 1918
Balancing roles is part of the developer's art,
continued on poge 16
something that can be described but not taught.
r!|t-a s-_i-I'..}'\ss-ryrrr -\ri\ix--a\--aN-ir\-f\-tr-\rL\'x r\r-\
:='r- \ --
=\-\r

10 INTRODUCTION

Figure 1-2 | the Oevetoper,s Many Roles

PUBLIC USERS
Who; Regulators,potiti- Who: Tenants, owner-
cians. neighbors occupa nts
Want Sound devetop- Want: Space with appropri-
ment ate servjces at right
price available for
right time period
s
&

,€
*

Plan ner THE DEVELOPER Anatyst


Promoter ti/ho: Entrepreneur,risk Creator
Negotiator manager, team Promoter
Provider buitder Provider
- Wants: To buitd wealth, to -
keep company so[-
vent, to create an
Promoter asset with a positive Emptoyer
Negotiator long-term impact on Ctient
Borrower x the community
,:..1
::t,:;1ii1t1;tt ;gi Manager
Investment
Partner
g

& &
Y
Y

CAPITAL MARKETS THE DEVELOPMENT TEAM


What: Debt. equity, Who: In-house and externaI
and many professionals
combinations Want: Wett-paid work, useful
thereof experience, enhanced
Want Greatest financiaI reputation, participa-
return for Least risk tion on a good team

Equally important and equally unteachable is the image of some developers. Yet such focus can lead to
drive that makes developers persevere to the desired the design and construction of innovative projects.
end despite problems and obstacles. Developers tend \Without drive, no development
would occur. As
to be highly focused. This qualiry perhaps more than noted in later chapters, rhe porential roadblocks are
the profit motive, accounts for the negarive public numerous.
THE REAL ESTATE DEVELOPMENT PROCESS 11

Sometimes, though, the tenaciry that drives devel- NIMBYism ("not in my backyard") is inevitable. As
opers to produce a successful project can lead to disas- more communities feel saddled with projects they
trous results. The savings and loan debacle of the deem wholly unworthy of their affection, they seem
1980s was in part the result of developers' desire to less able to distinguish good development from bad
develop because they liked to do deals and because development and good developers from bad develop-
money was available. Many buildings were erected ers. Neighbors await the bulldozer with trepidation.
without enough thought given to proper market stud- Against a backdrop of growing animosiry developers,
ies or design considerations or even the basic need for city planners, elected officials, and others involved in
more space, leaving an inventory of unneeded build- communiry growth have learned the hard way about
ings around the country that should never have been the necessity of involving the wider communiry in
erected. Presumably all facets of the industry (particu- guiding development. The intense involvement of
larly the regulators of financial institutions) are wiser the neighbors has added another layer of activity to
now and will not easily repeat this expensive mistake. the process and has extended developmenr rime, as
1We
hope this book will contribute to a healthier, more some projects require hundreds of meetings with
thoughtful way of doing business. neighborhood groups and other interested parties.
As in any profession, some developers are models
EVELOPERS' REPUTATIONS of ethical behavior, making innovative and attractive
D
contributions to the built environment. And some
Deserved or not, developers are not always held in high exhibit little sensitivity for community standards, at
esteem by the general public. \Tithout even knowing times appearing on the front page of newspapers under
the individual or firm, people are often wary at the indictment for shoddy construction and bribery.
mention of a developert involvement in a project in Communities will always grow and change, with
their locality. Given the impact that their work has on or without developers. \7ith a good developer, how-
a communiry it is not surprising that developers offend ever, growth and renewal can be managed and made
some people. Their product, which is so clearly mani- to have a more positive effect on a community.
fested in the built environment, is there for everyone to
see and criticize. And often their public persona is as
THE DEVELOPMENT TEAM
much a part of a project as the product itself, making
developers an easy target to blame for everything from If developers consistently play one role throughout
increased ffamc to a shortage of parking. Successful the development process, it is that of a leader who
developers can earn a lot of money, and certain ele- can coordinate people and help realize a particular
ments in the community often resent such wealth. vision. Developers almost never work in isolation. To
Developers are also subject to attack because they design, finance, build, lease or sell, and manage their
engineer change in communities that is sometimes dream, developers must engage the services of many
hard to accept, especially for long-time residents. Yet other experts-public and private-some of them
they provide a service as communiry builders. They professionals and others entrepreneurs themselves.
facilitate the production of shelter for living and Developers vary in the technical expertise they
working. They make possible new retail/entertain- bring to the team. Earlier in their careers they might
ment areas, recreation areas, and health care facilities. have been architects, lawyers, contractors, brokers,
Ideally, they do so within the rules established by the land planners, or lenders. Increasingly, more develop-
D
public ...,o.-planners, government staff, and ers are actually getting advanced degrees in develop-

L elected officials-and to the satisfaction of most of ment or in real estate finance. They musr, however,
\s
the community. hire the expertise they lack-whether they keep their
t More and more as growth infringes on every experts on the payroll or contract for outside assis-
community in the United States, the appearance of tance. Developers must be able to find the right
|}]+t.--t--s\L=E\r-:,y:t S---tir-t\--\-t----a-\a-\tl'-\>_--=--\ -{\-- _ r.-

12 INTRODT]CTION

Formerty a barren raiL yard along Michigan Avenue jn Chicago, Il.Linois, Mi[[ennium Park was funded through a publ.ic/private partner-
ship. with more than $215 mil"Lion of the $475 million total cost coming from private donations. Courtesy of U.S. Equities ReaLty

people, keep them motivated and on schedule, and THE PUBLIC SECTOR:
ensure that their collective work is appropriate-or ALWAYS A PARTNER
the project may not be successfully completed.
Often developers, like any team leader, motivate Private sector real estate developers have a public sector
players with incentives other than money-with pride partner in every deal-no exceptions-whether or not
in the project, with the hope of future work, and with they choose to recognize that partner. The govern-
fear of the consequences of nonperformance. Knowing ment-federal, state, and local-controls the U.S.
when and with whom to use different incentives is part system of capitalism under which private developers
of leading the development team. operate. Real estate development is a highly regulated
\With each project, developers must shape and process. Property law, public infrastructure, financial
sell an idea to secure commitments from others. market rules, zoning, building permits, and impact fees
Thus, they are first and foremost promoters. Devel- are all part of the public sector's realm. In some cases,
opers then spend a considerable part of their time the public sector may participate directly in the devel-
managing other people, particularly as design and opment process as a private developer's equity partner
construction begin. They have both the plan and the working toward the achievement of a public goal, such
responsibiliry for making it happen; they are quarter- as downtown redevelopment. Chapter 14 provides an
back, coach, and team owner rolled into one. (See in-depth discussion of public/private partnerships in
Chapter 3 for a more detailed discussion of the roles which the public sector is a formal, risk-bearing partner
of other players.) in a development project. Although more and more
THE REAL ESTATE DEVELOPMENT PROCESS 13

i,

Decorated with scutptures and art from wortd-ctass artists such as Frank Gehry and Anish Kapoor, the 24.S-acre (9.9-hectare) Mitl.ennium
Park has generated an unrivaled economic boon to nearby devetopments, both resjdential and commerciat. Courtesy of U.5. Equities ReaLty

local governments are initiating development projects, later stage in the development process, developers
the public sector more often is engaged in a less formal often face huge difficulties because of the costs
partnership. Nonetheless, if developers do not work already incurred. For these reasons, it pays for private
hand in hand with local governments, giving them the developers to treat the public sector as a partner from
same arnount of respect and attention they would give the outset. The partnership is like a marriage: it can
a private sector partner, delays and problems are likely take many forms, but if it fails, it is painful.
to occur. Likewise, developers should also not overlook
.5 the people in the neighborhood who will be directly
MARKET AND FEAS!BILITY STUDIES
d affected by the project.
il Time is money in real estate development, and Gxtbooks on marketing and market research seldom
5 overlooking or antagonizing neighbors and public cover real estate in great detail. Likewise, when real
sector partners often costs a developer time, which estate textbooks discuss market research, they rypi-
translates into more interest payments and more sig- cally fail to draw connections to the broader princi-
nificant costs. More important, the public secror can ples of marketing. Still, developers, planners, public
permanently delay a developer and can even change officials, lenders, and investors need to use funda-
the rules in the middle of the game. Changing the mental concepts of marketing to make better-
plan and/or design midstream is usually quite expen- informed decisions about real propertF.
sive. In fact, changes forced by the public sector can Developers tend to rely on market research to
easily make a project infeasible. \[hen it happens at a make decisions at several stages in the development
14 INTRODUCTION
12

process, but especially when it is time to convince sumers' minds; the market study should provide a
lenders to lend them money. Some lenders rem€mber competitive analysis and identify a market niche that
the huge oversupply of space in many markets during permits the proper targeting of advertising and pro-
the early 1990s. Developers can rarely rely on instinct motion.
or optimism to assure prospective lenders that the A feasibiliry study completes the analysis (see
project will capture market share from competitors. A Chapter 16 for details). Simply put, the project is
rigorous market study early in the process stimulates feasible if its estimated value exceeds estimated
development ideas, improves initial concepts, and costs. Value is a function of projected cash flow and a
seryes as an important risk control device. market-derived capitalization or discount rate
Beyond convincing lenders and investors, market (defined in Chapter 9).
research is useful in development planning. Residential Local real esate markets respond to neighborhood,
developers, for example, can use a market study of a regional, national, and international trends, be they
projected design for a specific site to arswer several development of interstate highways, amendments to
questions.
'!7hat is the anticipated employment the U.S. tax code, changes in oil prices, or fluctuations
growth rate in the market area? tVhat is the anticipated in the value of the dollar in world markets. A thorough
household growth rate in the market area? \7hat is the market study looks beyond the primary market area to
best configuration and size of housing units for the wider trends affecting local supply and demand. Ulti-
proposed residential subdivision? How many units will mately, the projectt revenues will refect these trends.
the market absorb, at what price, and over what period Moreover, sawy developers look for fresh design and
of time? \(hat percent of that demand will the project marketing ideas outside local markets. Thus, develop-
capture and why? How should units be marketed to ers must understand their local markets as well as rec-
each targeted consumer group? The market studyt ognize and respond to broader trends (the latter task
bottom line reveals how much operating income or may be easier said than done, as explained in this textt
revenue over what period of time the developer can concluding chapter).
expect a particular project to generate, given market Information, of course, carries a cost. The more
conditions and expected competition. data an analyst gathers and the more time the analyst
Equally important, the developer can use a spends manipulating the data, the higher the price
market study to help determine what project types tag on the study. In all risk control techniques, the
will gain the support of various neighborhood and developer must weigh the cost in relation to the mag-
public sector participants. In a sense, development nitude of the risk. In market studies, cost depends on
creates "public goods" by placing long-lived products the level of detail, who performs the analysis, and
on the land, and everyone must live (at least visually) how much rigor a developer wants (or is forced by
with the products for many years. The underlying lenders or regulators) to pay for.
research into the market area should include both The future is not a straight-line extrapolation of
regulatory requirements and the attitudes of neigh- the past. Although the market analyst scrupulously
bors and other "publics." Not only does market examines past performance and is exacting in deter-
research guide the project's size and design; it also mining current market conditions, the future is what
indicates ways for the developer to win public matters most to real estate developers. Developers
approval and/or gain various entidements. look for indications of the kind of space that will sat-
Furthermore, market studies should be versatile, isfy society's needs over a project's long expected life.
for they can help accomplish other objectives. They The future is not just the one year or five years that it
can, as noted, be used to help obtain financing. After takes to develop a project; it is the entire useful life of
a project is financed, a market study can also be used the project, which may be 30, 50, 100, or 200 years.
as a marketing guide for the sales or leasing staff. To No one can fully anticipate the future, yet the devel-
be salable, a project often needs an identity in con- oper's challenge is to be at least a few steps ahead.
THE REAL ESTATE DEVELOPMENT PROCESS 15

provide a DESIGN: NEVER AN AFTERTHOUGHT that send direct messages, and architects who want to
niche that contribute successfully to development teams have
; and pro-
Good design has never been more important than it
had to become proficient in creating the appropriate
is today. Taking a cookie-cutter design off the shelf
design message. At the same time, it is important to
rlysis (see and applying it to an available site is not often the
remember that for some uses and certain tenants, the
project is winning strategy in competitive markets where space
appropriate image is pure functionality-that is, the
estimated needs are changing. Serious attention to the
most functional bay sizes and core elements, covered
low and a market-which means to the people who will use the
with a skin whose operating costs are low.
unt rate project-can show developers and their architects Proficienry in design is hard won, for the right
and planners how to capture market share from com-
image is frequently elusive. Each player in the develop-
Lborhood, petitors or how to build for a new niche.
ment process brings to the process some expectation of
, be they Design has emerged as a versatile method of
how the completed project will look and function. For
ments to establishing contact with and discriminating between
example, hoping to maintain their townt character,
;ctuations specific market segments. Buildings convey images
public sector players bring images of desired interac-
thorough
et area to
nd. Ulti-
;e trends.
sign and
LOCATION (12-meter-wide) private access way (Main Road) and
develop-
beyond that by a parcel of land owned by the Massachusetts
:ll as rec- Eight ond Ten Museum Woy (formerly 15 Monsignor 1'Bien Water Resources Authority. Industrial Way. owned by the
rtter task i dge, M a ssoch usetts
H i g hw ay ), Ca mb Massachusetts Bay Transportation Authority, borders the
tris text's sjte to the east. To the east of Industrial Way is the site of
Museum Towers at North Point was bui[t in what many would
consider a pioneering location. Located in east Cambridge, North Point Park, which is owned by the MetropoUtan Dis-
he more generalty east of the Chartestown Avenue Bridge, Museum trict Commission. This parce[ is ctearly separated from atl
: analyst Towers js
in the eastern section of the North Point devetop- other nearby devetopment by roadways, atthough these uses
ment district, a 70-acre (28-hectare) devetopment zone are very visibte from the site and are clearly "industria['
he price
master ptanned to provide a mix of commercjal and residen- except for the Museum of Science.
ues, the
tial development, upgraded infrastructure. and an extensjve
he mag- LAND COST
park network. The eastern portion was the last large parcel
ends on of undeveloped waterfront property in Cambridge. $13 mitl.ion
sis, and North Point is adjacent to the highty successful Kendall
Square and east Cambridge (Lechmere Canal) development
BUILDINGS
rced by
areas, which have become vibrant centers of commercial Two 24-story apartment buitdings joined at the base by a

development and professional job growth. low-rise area of apartments, support space, a central lobby,
Ltion of
The eastern section of North Point is located across from a health c[ub, and a 490-vehicle parking garage.
ulously the Museum of Science and bordered to the west by Monsi-
r deter- gnor 0'Brien Highway, to the north by the Gilmore Bridge, PROJECT COST
is what to the east by I-93, and to the south by the Chartes River, $78 mitl.ion
elopers directly across from the west end area of downtown Boston.
The site had been used for industrial purposes and was INITIAL CHRONOLOGY
ill sat-
known as "the lost half-mite of the Chartes River." For Land purchased-October 1987
ed life.
decades, it had been the wrong end of Cambridge. Site preparation began-tall 1995
that it ui Ldi n g co n stru di o n 1,997
B b eg a n
life of LAN D -Early
BuiLding certificate of occupanq issued-7998
ysus. 0riginaI sjte 4.11 acres (1.7 hectares), three parce[s of
devel- land. The site js bounded to the north by a 40-foot-wide continued on poge 42
ad.
'12 r6 INTRODUCTION

tions with surrounding areas. Different members of the efits that accrue from long-term ownership. Built
development team might have visions of the project with the environment in mind, Elevation 314 sports
that range from minimalist to cosmetically dazzling.In many green features, including a geothermal heating
the final analysis, the developer/entrepreneur charges and cooling system, energy-efficient appliances,
the architect (and other design professionals) with solv- bamboo flooring, low-volatile organic compound
ing the design problem and resolving the diversity of finishes, and a stormwater management system com-
pictures into a single, coherent image. Still, the ultimate prising a green roofand bioretention area.
responsibiliry for good design rests with the developer. Configuring the built environment to create spe-
The Museum Towers project was developed in cific images has a long and instructive history. Early
Cambridge, Massachusetts, home of MIT and Har- merchandisers knew that building a massive single
vard Universiry and across the Charles River from structure sent a message of abundance that a profu-
Boston. In the 1980s, the area was a developers' par- sion of small branch outlets could never achieve. In
adise-but everfhing crumbled in the early 1990s. a similar vein, books of house plans containing
Development of Elevation 314 started during a Greek revival designs sold particularly well at the
fortuitous time in \Tashington, D.C. Low but beginning of the 20th century. It was not only the
steadily rising housing prices in the early 2000s were floor plans or the efficient space that was popular but
transforming neighborhoods all across the ciry and also the strong identification with the image of an
Thkoma-the neighborhood where Elevation 314 is earlier democracy that attracted homebuilders.
located-was no exception. Looking beyond short- Today, most travelers can readily identify the qualiry
term profits, developer Russell Katz wanted the ben- and cost of a motor hotel simply by the image the

LOCATION etevated by excavating the [and under them. As a resutt, the


site inctudes some steep changes in grade.
i14 CarrolL Street, N.W., Washington, Distict of Columbio
Though it is officiatty part of Washington. D.C., the Takoma LAND COST
neighborhood has a c[ose relationship with the bordering $1,000,000
city of Takoma Park, Maryland. Elevation 314 is less than a
quarter-mile (0.4 kiLometer) from the D.C./Marytand BUILDING
border. Although both Takomas were once considered tran- A 52-unjt, four-story apartment buitding designed to be
sitional and potentiatty dangerous, the area started to environmentalty friendLy, the project includes a geother-
change in the late 1990s when buyers discovered the rich maI heating and coo[ing system, a green roof, and bamboo
inventory of moderatety priced, pre-World War II houses floors.
on tree-lined streets. Atthough many houses in the area
se[[ for large sums of money, home values there are stj[[ PROJECT COST
stightty lower than those in many other parts of the Wash-
$8.900,000
ington metropotitan region.
CH RONOLOGY
LAN D
Land purchosed-March 2001
The 0.79-acre (0.32-hectare) triangutar site sits directty BuiLding construction began-November 2002
across the street from the Takoma Metro station. It is bor- [es/ Leo si n g sto rted
dered to the west by an elevated raitroad right-of-way with
Sa
-J uly 200 4
P roject co m p Leted-September 2004
train tracks for both freight trains and the Metro RaiI tra'ins.
0riginatty [ocated at the base of a smat[ hitL, the tracks were
continued on page 43
r*-.--

THE REAL ESTATE DEVELOPMENT PROCESS 't7

. Built LiHing projects. Creating a formal image that TERMS


sports hooomes a vital, interactive component in a project's
reating Many of the following terms are introduced in this
It results
'-.ss is neither accidental nor mysterious.
.ances, chapter and explained later in greater detail:
m careful consideration of design criteria during
Pound eighr stages of the real estate development > Asset management
r com- 6s-not just exterior design but also all the > Built environment
hcrional aspects of interior design that are critical > Capital markets
:e sPe- D tEnants' ef6cient use of constructed space. (Later ) Corporate owners
Early ilryan deal with integrating both exterior and inte- > Development team
single ir design criteria during the eight-stage develop- > Entrepreneur
:rofu- mt process.) > Equity
ve. In Enally, the implications of successful design go far > Feasibiliry sudies
Lining l+nd creating an effective structure. Architects, like > Infrastructure
ru rhe L o&er players in the development process, are > Institutional investors
ly the hmd by ethical obligations. They understand space > Interdisciplinary
u but rd u$an design far better than laypeople. If archi- ) Leverage
of an m do not see it as their responsibility to innovate > Market studies
ders. rd dvance the state of the art, then society will not > Niche
.raliry : up to its potential, at least not as related to > Operating costs
e the the built environment. Architects must
Troving
D > Private sector
E-- ^^--i-
convince -I^--^l^^^-^
-^ developers, --,L^
who must
----- make
--t-^ it:- happen.
L^--^-
> Public sector
> Real estate development
ST'TMARY > Risk control
> Value
k w move forward with the introductory frame-
E* ir Chapters 2 and 3, it is important to keep the
Ering concepts in mind:
&eryone is in some way connected to the devel-
opment process. Consequently, the developer
Aould see the public sector as a partner.
The developer ultimately is responsible for creat-
ing space over time with associated services that
meet societyt needs.
Because the development period decision-making
cnvironment is complex and interactive, a model
k useful so that future ramifications of current
decisions can be more easily evaluated.
Dorelopment is an art that requires drive and cre-
mivity coupled with "appropriate" flexibiliry and
risk management.
flarelopment of the built environment is a long-
rrrn activity that justifies considerable planning.
kovision for ongoing operadng management
Soutd be a critical element of such planning. ---=:=:_

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