Professional Documents
Culture Documents
Chapter 1
Chapter 1
Introduction
The principles and process of real estate develop-
ment should be studied by looking at both the
people who are involved in the process and the
people who are the end users of the product.
Although this book focuses on the role of the
developer and the development firm, a great
many people affect and are affected by real
estate development. Everyone consumes the end
product. Individuals form the lending institu-
tions and investment firms that provide financ-
ing for a project. Individuals make up the public
sector that both allows development and provides
infrastructure to a development. Individuals
in many allied professions produce the built
environment that is used by people of different
backgrounds and income levels.
Although the private entrepreneurial devel-
oper is often considered the most typical type of
developer, it is important to note that developers
can also be financial institutions, corporations,
universities, medical centers, cities, municipali-
ties, and other entities. Regardless of the kind of
developer or real estate sector, the process laid
out in this book remains essentially the same.
Market decisions must be made, pro formas
should be sound, the development team must be
retained, and all of the stakeholders should be
consulted. The process may be layered with vari-
ous institutional procedures, committees, and
boards of trustees, but the product is achieved Newport Beach, California. These case stud-
by going through the same steps. ies tell stories of unexpected complications and
Profiles of developers and the diverse set their resolution in the developers’ own words.
of professionals who work with developers are Part I looks at the people who make a devel-
interspersed throughout the text. Their career opment possible: the developer as prime mover,
paths are interesting and often surprising. Their the future users, and the many participants who
perspectives on development are especially valu- work with the developer to produce what society
able because these individuals have lived the will want. Part II presents a historical overview
process this book describes. of real estate development in the United States
In addition to the profiles, the book features and the roles of regulatory and political actors.
two case studies depicting two developers and Part III builds on that history with a contem-
their respective projects. The first is Larry Short, porary view of the public sector’s role. Part IV
who is developing high-end student housing introduces the eight-stage development process
in Chapel Hill, North Carolina. His develop- with the first stage, inception of an idea. It also
ment, Shortbread Lofts, consists of a 271- covers the financial decision-making mechanics
bedroom community in six stories of apartments that support development and are used at each
above ground-level amenities. The second is stage of the process. In parts V, VI, and VII, the
Wil Smith, a developer working in southern book proceeds through the eight-stage model,
California. His project, Irvine Tech Center, is a looking in detail at decision making in the real
large, multi-building, mixed-use development in estate development process.
as municipalities, financial markets, and consumer product. Although some may delineate the sequence
tastes evolve. of steps slightly differently, the essence does not vary
Developments do not happen without financial significantly from the eight-stage model shown in
backing, which often requires multiple agreements figure 1-1.
negotiated by multiple players. The developer works The eight-stage model also applies to the redevel-
with public sector officials on approvals, zoning opment of projects, which requires most of the same
changes, exactions, building codes, and the provision steps as new development. In very large develop-
of infrastructure. Community and special-interest ment projects, individual components can be nested
groups play increasingly important roles. The time within a larger development plan and may each be at
needed to conduct public outreach, negotiate with different stages at a given time.
the public sector, and obtain financing must thus Before proceeding further with the model, a few
be factored into the equation when evaluating a points should be emphasized. First, the develop-
potential project. Only after these functions are ment process is neither straightforward nor linear.
organized can the team of designers, engineers, and The flow chart shown in figure 1-1 can identify the
construction workers begin the physical develop- discrete steps and guide an understanding of devel-
ment. The project is completed with the leasing opment, but no chart can capture the constant repo-
or selling of the space to users. This final phase sitioning that occurs in the developer’s mind or the
requires the expertise of marketing professionals, nearly constant renegotiation that occurs between
graphic artists, salespeople, website developers, and the developer and the other participants.
other specialists. The developer tries to ensure that Second, real estate development is an art. It is
every element in the process is properly executed on creative and complex, partly logical and partly intui-
schedule and within budget. tive. Studying the components of development can
Today, development requires more knowledge help all players make the most of their chances for
than ever about the specifics of prospective markets, success. What cannot be taught are two personal
patterns of urban growth, neighborhood associations, qualities essential to success: creativity and drive.
traffic patterns, legal requirements, local regula- Third, at each stage of the process, developers
tions, contracts, building design, site development, should consider all the remaining stages. Developers
construction techniques, environmental issues, should make current decisions fully aware of their
infrastructure, financing, risk control, and time
implications not only for the immediate next step,
management. Ever-increasing complexities in each
but also for the life of the project. The development
arena have led to increased specialization within
process requires managing the interaction among the
the development team. As more affiliated profes-
functions (design, construction, finance, manage-
sionals work with developers, the size of the team
ment, marketing, and government relations) in each
has expanded and the roles of some members have
of the eight stages as well as over time.
changed. As development has become more com-
The developer should recognize the importance
plex, it has generated the need for better-educated
of asset management and property management
developers.
after the project is built by providing for those func-
tions during design and construction. For example,
THE EIGHT-STAGE MODEL OF REAL ESTATE operating a sophisticated building with advanced
DEVELOPMENT technological systems may require skills beyond
Despite the growing complexity, developers still fol- those of most property managers in a particular
low a standard sequence of steps from the moment market. Or, maintaining a particular material may
they conceive a project through the time they begin require greater expense than would a different
ongoing asset management and/or sell the finished product.
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One: Idea Inception Developer with extensive background knowledge and a great deal of
Not feasible current market data looks for needs to fill, sees possibilities, has a
Feasible dozen ideas, does quick feasibility tests in his head.
Two: Idea Refinement Developer finds a specific site for the idea; looks at physical fea-
Not feasible sibility; talks with prospective tenants, owners, lenders, partners,
Feasible professionals; settles on a tentative design; options the land if the
idea looks good.
Four: Contract Negotiation Developer decides on final design based on what market study says
Cannot reach binding contracts users want and will pay for. Contracts are negotiated. Developer
Can reach binding contracts gets loan commitment in writing, decides on general contractor,
determines general rent or sales requirements, obtains permits from
local government.
Five: Formal Commitment Contracts, often contingent on each other, are signed. Developer
may have all contracts signed at once: joint venture agreement,
construction loan agreement and permanent loan commitment,
construction contract, exercise of land purchase option, purchase of
insurance, and prelease agreements.
Seven: Completion and Developer brings in full-time operating staff, increases advertising.
Formal Opening City approves occupancy, utilities are connected, tenants move in.
Construction loan is paid off, and permanent loan is closed.
Eight: Property, Asset, and Owner (either developer or new owner) oversees property manage-
Portfolio Management ment (including re-leasing), reconfiguring, remodeling, and remar-
keting space as necessary to extend economic life and enhance
performance of asset; corporate management of fixed assets and
considerations regarding investors’ portfolios come into play.
CASE STUDY Shortbread Lofts Summary CASE STUDY Irvine Tech Center Summary
Users
Public
Who: Tenants, owner-
Who: Regulators, politicians, occupants
neighbors
Want: Space with appropriate
Want: Sound development services at right price
available for right time
period
Planner Analyst
Promoter The Developer Creator
Negotiator Promoter
Provider Who: Entrepreneur, risk manager, Provider
team builder
of these. Developers seldom work in isolation. To all risk control techniques, the developer must weigh
design, finance, build, lease or sell their products, the cost in relation to the magnitude of the risk.
developers must engage the services of many other Developers look for indications of the kind of
experts—public and private—some of them special- space that will satisfy the market’s needs over a proj-
ized professionals, others entrepreneurs like them- ect’s long expected life. The future is not just the one
selves. Chapter 3 describes the typical array of team year or five years that it takes to develop a project; it
members in detail. is the entire useful life of the project, which may last
With each project, developers must shape and 50 or 100 years. Although the market analyst scru-
sell an idea to secure commitments from others. pulously examines past performance and is exacting
Thus, they are first and foremost promoters. Like in determining current market conditions, it is what
any team leader, they must also motivate players, the analyst has to say about the future that matters
often with incentives beyond money—with pride most. No one can fully anticipate the future, but
in the project, with the hope of future work, and the developer’s challenge is to be at least a few steps
with fear of the consequences of nonperformance. ahead of the pack.
Knowing when and with whom to use different A feasibility study completes the analysis (see
incentives is a key leadership skill for developers. chapter 13 for details). Simply put, the project is
feasible if its estimated value exceeds its estimated
costs. Value is a function of projected cash flow
THE PUBLIC SECTOR: ALWAYS A PARTNER
and a market-derived capitalization or discount rate
The public sector is involved—as a stakeholder or (defined in chapter 11).
a partner—in every real estate project. Real estate
development is highly regulated, and the legal and
DESIGN: NEVER AN AFTERTHOUGHT
regulatory environment surrounds the entire devel-
opment process. Developers usually work hand in Good design has never been more important than it
hand with local governments and the community, is today. Serious attention to the market—the people
giving them the same respect and attention they who will use the project—can show developers and
would give any other partner. Chapters 7 and 8 dis- their architects and planners how to capture market
cuss the public sector’s involvement in depth. share from competitors or how to build for a new
niche.
Design is a tool for connecting with and discrim-
MARKET AND FEASIBILITY STUDIES
inating between specific market segments. Building
Developers rely on market research to make decisions designs convey direct messages, and architects have
throughout the development process. Textbooks on had to become proficient in creating appropriate
marketing and market research seldom cover real ones. It is important to remember that for some uses
estate in great detail. Likewise, real estate textbooks and certain tenants, the appropriate message is pure
often fail to connect market research to broader functionality—that is, the most functional bay sizes
marketing principles. Yet the connection is critical. and core elements, covered with a skin whose operat-
Developers, planners, public officials, lenders, and ing costs are low.
investors need to apply the fundamental concepts of Each player in the development process brings
marketing to make better-informed decisions and some expectation of how a completed project will
control risks. That means they must gather informa- look and function. For example, stakeholders who
tion—and information carries a cost. The cost of a want to maintain a town’s character are concerned
market study depends on what the level of detail is, about continuity, context, preservation of a way of
who performs the analysis, and how much rigor a life, and interactions with surrounding areas. The
developer wants (or is required) to pay for. As with developer brings her own aesthetic preferences and
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her vision for the project. Financial sources may be location, minimizing energy consumption, using the
reluctant to depart from proven designs—and mar- most environmentally friendly materials, conserving
ket successes—of analogous projects. The developer water, enhancing indoor air quality, and optimizing
charges the architect and design team with resolving long-term operational practices.1
the diversity of expectations into a single, coherent
image. Still, the ultimate responsibility for a suitable EVOLUTIONARY CHANGES IN THE
design rests with the developer.
DEVELOPMENT PROCESS
Design is about far more than aesthetics.
Architect Louis Sullivan coined the phrase “form Evolutionary changes in the process in recent years
follows function” in the late 1800s, and today it have required adjustments to the time-honored
is truer than ever. Sustainable design that is softer eight-stage model. These changes are noted here and
on the environment and more energy-efficient and illustrated in later chapters.
cost-effective to manage over time wins out over
beautiful but less functional design. Today’s archi- Availability of Data
tects, landscape architects, and other designers take Good developers have always relied on a great deal of
a holistic approach, considering a host of factors background information gleaned over a lifetime of
when designing a new project or redevelopment. conversation, observation, and reading—newsletters,
Their goals include making the most of the site and newspapers, academic journals, websites, and the
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like. Data are fundamental to sophisticated players live in and use their built environment. “Smart”
in the marketplace. More accurately, the ability to homes and office buildings are becoming the norm.
turn raw data into useful information often makes Social media, in particular, have grown in
the difference between profit and loss. importance. Most property management firms have
Throughout the discussion of the eight-stage websites that include a messaging component or
model, this book refers to a host of traditional Facebook groups for their properties through which
information sources. What is new is the extent and residents can communicate about upcoming events
delivery capacity of the information available today. and happenings at a development. Twitter provides
Technology now makes vast databases easily ac- almost instantaneous news on transactions and
cessible to the development community through other activities. Websites and smartphone applica-
the internet. Companies such as SNL Financial tions such as Flickr and Instagram enable users
provide real-time information on the financial to share pictures of their apartments or the hotels
condition of publicly traded real estate companies. they visit. These changes in the way people interact
CoStar provides a sophisticated online commercial- provide a convenient medium for reaching a larger
property equivalent of a residential multiple-listing audience with more information. There is no doubt
service. Websites such as GlobeSt.com and crenews. that advances in technology and the spread of social
com send out daily market summaries that focus media will affect the evolution of how people select
and interact with real estate. Most important, the
on national and regional news in commercial real
new technological possibilities will influence what
estate. Most cities have local business journals that
consumers want in their built environment.
maintain websites that contain real estate sections.
Moreover, it is easier than ever to find property list- Sustainability
ings and potential prices through websites such as A few years ago, sustainability and green build-
LoopNet.com, Zillow.com, Trulia.com, and many ing methods were interesting buzzwords. Now
others. And many more websites and resources con- sustainable and green development is often a
tinue to come online. The result is that the internet legal requirement, as detailed in chapters 7 and
continues to make more local, national, and interna- 8. Many professional organizations now offer
tional market information ever more accessible, lead- resources and services related to sustainable and
ing to better educated investors, developers, owners, green building techniques, as well as education on
tenants, and residents. the value of sustainable practices to developers and
investors. Groups such as the Rocky Mountain
Technology and Social Media
Institute provide comprehensive guides like, “How
The rise of technology and social media has had a to Calculate and Present Deep Retrofit Value for
profound impact on the evolution of real estate. As Owner Occupants,” which focuses on demonstrat-
technology continues to improve, so do construction ing the creation of value through sustainability.2
practices. New building techniques accelerate the The U.S. Green Building Council has created its
pace of construction as well as boost its safety. The LEED (Leadership in Energy and Environmental
way that property owners and tenants interact with Design) rating system, which offers building own-
real estate is changing drastically from just a few ers and operators a framework for identifying and
years ago. People can now monitor their utility con- implementing practical, measurable solutions for
sumption and set certain preferences through online green building design, construction, operations, and
portals and smartphone applications. Rent can be maintenance. It is heavily used by local jurisdictions
paid online, and expense tracking systems can pro- for project approvals.3 Going forward, sustainability
vide minute-by-minute analysis. These continuing and green building will be staples of the real estate
technological advancements change the way people development process.
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A Much Longer Venture Capital Period responsibility to consider the viability of the venture
Chapters 10 and 11 cover the traditional financing for each member of the development team.
cycle, which moves from land acquisition financ- Wall Street (and Related Avenues)
ing to land development financing to construction
During the 1990s, securitization became much
financing to permanent financing. This sequence
more important in real estate investment. As will
still holds, but the time required to move from the
be explained in the chapters on finance, few large,
early stages to the closing of the construction financ-
publicly traded real estate companies existed before
ing has lengthened. Why? Because building sites in
1990. In fact, the market value of all REITs then
infill locations are more complex and negotiations
was less than $10 billion. Today, with an equity mar-
are more difficult as ever more participants enter the
ket capitalization of more than $650 billion, REITs
development process. Why does this matter? Because
are included in numerous stock market indexes, such
the cost of funds is considerably higher in the early
as the S&P 500.4
stages of the development process. A lender putting
This change has had two obvious impacts on the
up money for hard construction has relatively high-
development environment. First, it created a new
quality collateral. A lender or investor putting up
level of reporting and thus made information more
the capital needed to carry out planning work and available. The Securities and Exchange Commission
political negotiations over a period of many years requires public companies to report their financial
before construction can start does not have good status, and Wall Street analysts provide considerable
collateral. In fact, at this stage, financing is much commentary on these public companies. Second,
like the financing that a venture capital company the investment banker mentality has hit real estate
would extend to a new small business. If the busi- development because the major investment banks
ness fails, not much is there to liquidate and sell. are now actively involved. In addition, large private
The longer time period before construction means a equity firms such as KKR (of Barbarians at the Gate
longer venture capital period and thus a longer need fame), Apollo, Blackstone, TPG, and the Carlyle
for expensive financing. This issue significantly af- Group now have extensive investments in real estate.
fects how relationships among the development team Wall Street moves to a different beat than the com-
are structured throughout the first five stages of the mercial banks, insurance companies, and wealthy
development process. families that have traditionally financed develop-
ment. To find the right investment partner, today’s
Feasibility from Another Perspective
developer must contend with a faster-moving and
It has always been important to understand the feasi- often harsher world.
bility of a project as well as the feasibility of continued
participation by all members of the development Increased Pressure on the Public Sector
team. As the process grows more complex and the A primary theme of this book is that the public sec-
venture capital period lengthens, it becomes more tor is always a kind of partner in the development
important to focus on feasibility for the individual process. The evolution of community planning,
members of the team, sometimes called “level two” environmental safeguards, hazardous waste cleanup,
feasibility. As the timing of a project gets extended, and other concerns has produced a more complex
everyone has to worry about how they personally are approvals environment. Government officials at all
able to manage their finances and careers during what levels are under tremendous pressure to perform
could be a long period with little or no cash inflow. As better (often with fewer resources) and to deal more
discussed throughout this book, it is the developer’s rapidly with this more complex environment.
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