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HomeMy WebLinkAboutRDA 3 DDA KENYON DR. 08-19-02AGENDA REPOR'T RDA NO. 3 08-19-02 MEETING DATE: AUGUST 19, 2002 400-10 TO: FROM: SUBJECT: WILLIAM A. HUSTON, EXECUTIVE DIRECTOR REDEVELOPMENT AGENCY STAFF EXCLUSIVE AGREEMENT TO NEGOTIATE A DISPOSITION AND DEVELOPMENT AGREEMENT (DDA) FOR THE SUBSTANTIAL REHABILITATION OF RESIDENTIAL APARTMENTS IN THE KENYON DRIVE NEIGHBORHOOD WITH KENYON DRIVE, LLC. SUMMARY Agency approval is requested to enter into exclusive negotiations for substantially rehabilitating the residential apartments in the Kenyon Drive Neighborhood pursuant to the Rules Governing Owner Participation for properties in the South Central Project Area. The Agency, by law, may enter negotiations with property owners and private developers seeking to develop projects in Redevelopment Project areas that are consistent with the goals and objectives of the Agency. RECOMMENDATION It is recommended that the Redevelopment Agency authorize the Executive Director or Assistant Executive Director to execute an Exclusive Agreement to Negotiate between the Tustin Community Redevelopment Agency and Kenyon Drive, LLC ("Developer"). FISCAL IMPACT The action at this time will have a minor fiscal impact on the Redevelopment Agency. Expenses during negotiation are expected to involve staff time and use of financial consultants and preparation of required environmental reports and other state required documents which have been planned and included in the FY 2002-03 Agency budget. If the negotiations result in a Disposition and Development Agreement (DDA), the fiscal impact of such an agreement will be discussed when a DDA is brought forward in the future. BACKGROUND/DISCUSSION As required by California Redevelopment Law, staff initiated an owner participation process in the Kenyon Drive Neighborhood in July 2000 via mailed inquiries to the property owners regarding their interest in revitalizing the area. When the initial contacts were unsuccessful, staff followed up with a second mailing on June 1, 2002 to request that the property owners contact Agency staff to discuss their views of appropriate actions, if any, that the property owners might take in cooperation with the Agency towards revitalizing the area. During this initial process, only 5 property owners, including one of which had only recently purchased a property, elected to contact the Agency to express either their interest in revitalizing the area or to sell their property William A. Huston Exclusive Agreement to Negotiate: Kenyon Drive Limited, L.P. August 20, 2002 Page 2 as provided under the Agency's rules governing participation. Based on the relatively poor response by property owners to the Agency's inquiries, staff discussed its revitalization objective with private developers who had previously expressed an interest in redevelopment opportunities in the Project Area. Subsequently, staff was contacted by a qualified multi-family apartment developer who was acquiring property in the Kenyon Drive Neighborhood and was interested in pursuing the assembly of more properties in the area to undertake a large-scale rehabilitation project in the Kenyon Drive Neighborhood. In late 2001 the Agency authorized staff to proceed with a formal Owner Participation process and to release a Request for Proposals from interested property owners in the Kenyon Drive Neighborhood for the revitalization of the properties in the area pursuant to the Agency's rules governing participation by property owners in the South Central Redevelopment Project Area. A formal Request for Proposals and statements of interest in participating in revitalizing the neighborhood was sent via certified mail on December 19, 2001 to property owners in the Kenyon Drive Neighborhood. On February 11, 2002, Agency staff received only two responses from property owners indicating their interest in participating with the Agency in revitalizing the Kenyon Drive Neighborhood and only one of which, Kenyon Drive, LLC, submitted a proposal in response to the Agency's Request of Proposals. Subsequently, Agency staff with its financial consultant, Keyser Marston Associates, evaluated the financial capacity and comparable development experience of the Developer to determine the Developer's overall qualifications under the owner participation process. At this time, staff is recommending the Agency enter exclusive negotiations with Kenyon Drive, LLC. Kenyon Drive, LLC has comparable experience in development and revitalization efforts in residential apartment projects. Attached is a summary of their experiences. Attached is a proposed Exclusive Agreement to Negotiate between the Redevelopment Agency and the Kenyon Drive, LLC. (Developer). The Agreement commits the Agency to negotiating in good faith with the intent of entering into a Disposition and Development Agreement (DDA) for the redevelopment of the Kenyon Drive Neighborhood. It does not commit the Agency to any expenditure of funds nor does it commit the Agency to providing financial assistance at this time. Agency staff will seek specific Agency negotiating direction in any financial discussions. If, after negotiating in good faith, the Agency and Developer fail to reach a DDA, neither party is liable to the other. The Exclusive Right to Negotiate will allow the Developer to proceed in completing preliminary design drawings, detailed economic and cost evaluations while he continues his negotiations to assemble properties, and allow him to begin serious discussions on the necessary financing for the project. The Agreement provides for a 90-day negotiating period, which can be extended for 60 days if a DDA has been prepared by the Agency and executed by the Developer but not yet approved by the Agency Board, or for 30 days if, in the determination of the Executive Director, the major business terms of a DDA have been reached, or by mutual agreement of the Agency William A. Huston Exclusive Agreement to Negotiate: Kenyon Drive Limited, L.P. August 20, 2002 Page 3 and the Developer. In furtherance of the negotiation process, the Developer shall prepare and submit to Agency staff the following documents and perform the following acts with the following time periods: · Identification of all Developer agents and other authorized participants in the proposed project within 10 days after execution of the Agreement; · Identification and qualifications for project architect, engineer and related development consultants within 15 days after execution of the Agreement; · Demonstration of financial capacity and capability to perform its obligations under the Agreement within 30 days after execution of the Agreement; · Preliminary design drawings and related documents for the proposed project within 60 days after execution of the Agreement · Financing plan and economic projection for the proposed project including source and availability of equity capital and project financing within 60 days after execution of the Agreement; · Draft Disposition and Development Agreement within 90 day following the execution of the Agreement unless extended for additional time as may be permitted by the Redevelopment Agency. FINDING OF BENEFIT This site is located in the South Central Project Area. On March 6, 2000 the Tustin Community Redevelopment Agency adopted a five-year Implementation Plan for the Town Center and South/Central Redevelopment Project areas for fiscal years 2000-2001 through 2004-2005. The Implementation Plan was composed of two parts, a five-year plan for Redevelopment activities and a five-year plan for housing activities. Anticipated accomplishments and expenditures for the five-year period included the acquisition and substantial rehabilitation of multifamily rental properties in the Project Area to improve building conditions, increase functionality and desirability, and to integrate design characteristics through unified management and ownership with the aim of enhancing the residential living conditions and neighborhood quality in the South Central Project Area. The proposed project is consistent with the Implementation Plan for the South Central Project Area. It will remove blighting influences in the Project Area, including residential overcrowding, lack of parking and inadequate open space by substantially rehabilitating or clearing existing improvements that are characterized by substantial deferred maintenance and developing a viable residential apartment project under unified management. It is anticipated that the proposed project would bring a higher standard of living in the area, while providing for long-term affordability in the Project Area. William A. Huston Exclusive Agreement to Negotiate: Kenyon Drive Limited, L.P. August 20, 2002 Page 4 If financial assistance is provided for this project through a DDA, Agency staff will prepare and present for the Agency consideration a resolution making the required legal findings. Christine A. Shingleton ~// Assistant City Manager Jaf~es A. Draughb,.~ Redevelopment Program Manager Attachments rda report~Aug 5 Kenyon Drive Limited ENA Report.doc EXCLUSIVE AGREEMENT TO NEGOTIATE THIS EXCLUSIVE AGREEMENT TO NEGOTIATE ("AGREEMENT") is made this day of , 2002, by and between the TUSTIN COMMUNITY REDEVELOPMENT AGENCY ("AGENCY") and KENYON DRIVE, LLC, a California Limited Liability Company ("DEVELOPER"). Each of the Agency and Developer are sometimes referred to as the "Party" and collectively as the "Parties." RECITALS The Parties entered into this Agreement on the basis of the following facts, understandings, and intentions: A. The Agency is a public body, corporate 'and politic, exercising governmental functions and powers and organized and existing under the Community Redevelopment Law of the State of California (Health and Safety Code Sections 33000 et seq.). B. The Developer is a California limited liability company with Statewide Acquisition Corporation, a California Corporation and Centerion Partners, L.L.C., a California limited liability company as Co-Managing Partners. C. The Agency desires to encourage and effectuate the redevelopment of certain real property identified as the (the "Site") substantially owned by the Developer located in the South Central Redevelopment Project Area of the City of Tustin in furtherance of the Agency's revitalization efforts, and which consists of that certain real property which is depicted on the "Site Map" attached hereto as Exhibit A and incorporated herein by reference. To this end, the Agency desires to negotiate a Disposition and Development Agreement (DDA) to have the Developer construct a substantial comprehensive rehabilitation apartment project on the Site. D. The Developer currently owns or controls 61 units on 6 properties located on Kenyon Drive and desires to acquire the balance of the properties on the Site not currently owned by the Developer with assistance by the Agency through the Owner Participation Process provided in the South Central Redevelopment Plan in order to assemble an approximately 6-acre Site, which currently contains a total of 125 multifamily apartment units on 14 properties located on Kenyon Drive and along Newport Avenue, and which are delineated more specifically on the "Property Owners Map" attached hereto as Exhibit B. E. The Developer desires to negotiate a DDA that involves substantially rehabilitating, reconstructing, clearing certain existing improvements, and developing an approximate 111-unit affordable multifamily apartment project (hereinafter referred to as ("Project") as reflected in the Developer's Proposal response to the Agency's Owner Participation Request for Proposals (attached hereto as Exhibit C). F. The Developer represents that it has the necessary expertise, experience, and financial capability to undertake the development contemplated herein. G. The Developer represents and agrees that its acquisition of the Site and its other undertakings pursuant to this Agreement are and shall be used for the timely redevelopment of the Site and not for speculation in land holding. H. The Parties desire, for the period set forth herein, to negotiate diligently and in good faith the terms and conditions of a DDA which will specify rights, obligations and method of participation of the Parties with respect to development of the Site. NOW THEREFORE, and in consideration of the recitals above and the mutual covenants hereinafter contained, the parties agree as follows: 1.0 NATURE OF NEGOTIATIONS 1.1 Good Faith. The Parties agree that for the period set forth in Section 2 and provided that Developer or Agency is not in default on any of the obligations under this Agreement, the Parties will negotiate exclusively and in good faith with respect to a DDA to be entered into between the Parties for development of the Project on the Site. 1.2 Essential Terms The rights and obligations of the Agency and Developer's rights and obligations shall be as specifically set forth in the DDA and shall include without limitation the following: a. Design of the Project including detailed Project Specifications and plans identifying the nature of and quality of the comprehensive rehabilitation of all interiors and exteriors of the buildings and the construction of other improvements and amenities on the Site, including but not limited to the development of additional parking, onsite leasing office, community recreation center, swimming pool and cabana area, tenant barbecue areas, and children play areas and tot lot(s), all of which shall be subject to approval by the Agency, and in compliance with all requirements and regulations of the City of Tustin ("City"), including without limitation, applicable zoning. b. Construction of improvements comprising the Project, the completion of which shall be (i) guaranteed by Developer upon terms mutually agreeable to the Parties, and (ii) free of mechanics' liens and liens other than those respecting the financing of the acquisition of the Site and the development of the Project. c. Operations and maintenance of the Project, including but not limited to long- term affordability covenants for not less than 23 units for very Iow-income households, 17 units for Iow-income households, and 27 units for moderate-income households. Restrictions on transfer of the Project, Developer's interest in the DDA and do control of Developer. e. Reimbursement to the Agency of actual out-of pocket costs incurred in connection with the DDA and the Project. f. Agency financial assistance to the Project. g. Security to assure Developer's performance under the DDA. h. Developer will assume the full and complete responsibility to make all investigations of surface and subsurface conditions as may be commercially and reasonably necessary or appropriate and to evaluate the suitability of the Site for the development. The Agency on behalf of itself and on behalf of the City does not make any representations or warranties concerning the Site, its suitability for the use intended by Developer, or the surface or subsurface conditions of the Site. 2.0 PERIOD OF NEGOTIATION The Parties agree to negotiate for a period of ninety (90) days from the date this Agreement is signed by the Agency, and if the parties have not executed the DDA this Agreement shall terminate after the expiration of such period unless extended by the Agency Board as follows: a. For sixty (60) days if a DDA has been prepared by the Agency's Executive Director and executed by Developer and has been submitted to the Agency but has not yet been approved by the Agency Board; or b. For thirty (30) days if the major business terms have been agreed to and the Executive Director determines that further negotiations are likely to result in a written DDA; or c. For such additional time by mutual written agreement of the Parties. Upon termination of this Agreement, any interest that Developer may have under this Exclusive Agreement to Negotiate shall cease and Agency shall have the right to thereafter deal with the Site as it shall determine in its sole discretion. Developer understands and acknowledges that if negotiations culminate in a DDA, such DDA and shall be effective only after and if the DDA has been considered and approved by the Agency Board after all related public hearings as reqUired by law and the Developer performs such conditions as required in the DDA to be performed before the DDA may become effective. 3.0 PLANS, REPORTS, STUDIES AND INVESTIGATIONS Developer shall provide the Agency, without cost or expense to the Agency, copies of all plans, reports, studies, or investigations (collectively, "Plans") prepared by or on behalf of Developer with respect to the Site and the Project. All Plans shall be prepared at Developer's sole cost and expense. If this Agreement is terminated for any reason other than a material breach or default hereunder by Agency, the Agency may by written notice request that Developer, for consideration to be mutually agreed, transfer ownership rights to any or all Plans identified by the Agency to the extent assignable, but under no event shall the cost to the Agency exceed five hundred dollars ($500.00). Upon such request, Developer shall deliver to the Agency copies of all such Plans requested by the Agency together with a bill of sale therefor, provided however that Developer makes no representations, warrantee or guarantee regarding the completeness or accuracy of such pans, reports, studies, investigations and other materials, which Plans shall thereupon be the sole property of the Agency, free of all claims or interests of Developer or any other person or entity. Upon the Agency's acquiring title to any or all of the Plans, the Agency shall be permitted to use, grant, license or otherwise dispose of such Plans to any person or entity for development of the Site or any other purpose; provided, however, that Developer shall have no liability whatsoever to the Agency or any transferee of title to the Plans in connection with the use of the Plans, or as to such Plan's accuracy. Agency shall within five (5) business days of execution of this Agreement and at no cost to Developer, provide Developer with copies of all plans, reports, studies, investigations and other materials the Agency may have that are pertinent to the Site and/or development of the Project provided however that Agency makes no representations, warrantee or guarantee regarding the completeness or accuracy of such plans, reports, studies, investigations and other materials. 4.0 DEVELOPER'S RESPONSIBILITIES During the period of negotiation, Developer shall prepare and submit to the Agency the following documents and perform the following acts, all in furtherance of the negotiation process: 4.1 Status Reports Developer agrees to make oral and written reports advising the Agency and/or its staff of all matters and studies being made, including Developer's progress in analyzing the feasibility of the Project, as may be requested by the Agency or its staff. 4.2 Development Team Developer shall within ten (10) days of the date of this Agreement submit in writing to the Agency full disclosure of the names of Developer's agents, authorized negotiators, professional employees, or other associates of Developer who may be participants in development of the Project, and other relevant information concerning the above such as addresses, telephone numbers, employers. Developer shall also designate and submit in writing to the Agency the names of all Developer's lead negotiators, who shall have authority to make decisions on behalf of the Developer. Developer shall within fifteen (15) days of the date of this Agreement submit for approval by the Agency's Executive Director, at his sole discretion, the name(s) and qualifications statement of the proposed architect and related consultants for the Project. 4.3 Financial Status Developer shall demonstrate to the Agency the financial capacity and capability to perform its obligations under this Agreement, the DDA. Developer's most recent financial statement and the financial statements of its key principal or principals shall be submitted to the Agency within thirty (30) days of the date of this Agreement. To the extent Developer wants such financial statements to remain confidential, Developer shall identify with specificity the documents which the Developer wants the Agency to maintain as confidential documents and a statement of the reasons why such documents are to be maintained as confidential documents, and a statement as to why the request is consistent and complies with the provisions of the Public Records Act of the State of California. If confidentiality is requested and if nondisclosure under the Public Records Act is allowed, the statements shall be delivered to and maintained by the Agency Counsel and copies not disseminated. To the extent permitted by law, the Agency, including Agency Counsel, shall not make public disclosure of the statements. The Agency's negotiators and consultants may review the statements as necessary as long as such parties agree to maintain the confidentiality of such statements. If Developer determines to joint venture or partner development of the Site, or if Developer determines to form a new legal entity to develop the Site, Developer shall promptly inform the Agency of such determination and submit to Agency joint venture's or partner's most recent financial statements and the financial statements of its key principals. The assignment of Developer's rights under this Agreement, the new entity, partnership or joint venture may be approved in writing by the Agency, provided the Agency, at its sole discretion, is satisfied that the new entity, partnership, or joining venture has the financial capability to perform under this Agreement and the DDA. 4.4 Design Review It is understood and agreed to by Developer that the quality, character, and uses proposed for the Project are of particular importance to the Agency and that planning and design review approval by the Agency and the City will be required for the rehabilitation and development of the Site. Developer and the proposed architect shall meet with representatives of the Agency and the City .to review and come to a clear understanding of the planning and design criteria required by the Agency and the City. Within forty-five (45) days after the date of this Agreement, Developer shall submit for approval of the Agency preliminary design drawings and related documents containing the overall plan for development of the Developer's Project including the following: preliminary site plan, floor plans, preliminary materials call-outs and conceptual building rendering and preliminary project specifications for all interior and exterior improvements. 4.5 Financinq Plan/Economic Proiection Within sixty (60) days after the date of this Agreement, Developer shall submit a financing plan and economic projection for the Site. The financing plan shall include a detailed statement aboUt the overall costs of construction and the source and availability of equity capital, acquisition, development and construction financing. The economic projection shall estimate the market demand and income to be derived from the Project and shall include a pro forma statement of the Project's financial return adequate to enable the Agency to evaluate the economic feasibility of the proposed development of the Project. 4.6 Additional Information Developer understands and agrees that the Agency's negotiating team reserves the right at any time to request from Developer additional information, including information, data, and commitments to ascertain the depth of Developer's capability and desire to develop the Site expeditiously. The Agency's negotiating team will provide a reasonable time in which Developer may obtain and submit to the Agency such additional information. 4.7 Contacts During Negotiations Developer shall only negotiate with the Agency's negotiating team as defined in writing by the Executive Director and with no other persons unless expressly authorized to do so by the Agency's negotiating team. During the period of negotiations, Developer shall make no statements to the media without the approval from the Executive Director. Developer's failure to comply with the provisions of this Section shall be conclusive evidence that Developer has not "negotiated in good faith." During the period of exclusive negotiation, Agency covenants and agrees to negotiate exclusively with Developer and shall not solicit another party for the Project or enter into any agreement with any other party regarding the development of the project or any portion thereof. Agency acknowledges and agrees that but for this exclusivity, Developer would not have entered into this Agreement. In the event a court of competent jurisdiction determines in a final decision that the Agency has breached this exclusivity covenant, Agency shall be deemed to have failed to negotiate in good faith and providing a DDA has not been entered into pursuant to this Agreement, Developer shall, in addition to other rights and remedies, be entitled to the return of the good faith deposit and any other deposits made by the Developer. 5.0 MARKET AND OTHER STUDIES 5.1 Market Studies Market and such other studies as the Agency's Executive Director deems appropriate or necessary for completion of the Section 33433 Report identified in section 7.2 of this Agreement shall be prepared by or on behalf of the Agency to consider and analyze the financial impact of the proposed development under the DDA. The Agency shall, at its sole cost and discretion, select the consultant(s) to perform said studies and shall enter into contracts with the selected consultants. The Agency shall, at its sole discretion, have the right to direct said consultant(s) and its staff(s) and to terminate the contract of any consultant which the Agency believes is not adequately or objectively performing its obligations under said contract. Developer shall cooperate with the Agency and its selected consultant(s) in responding to any information requested. 5.2 Environmental Studies The Agency's preparation of environmental studies including, but not limed to, an Environmental Impact Report if deemed necessary in accordance with the California Environmental Quality Act ("CEQA") is a legal precondition to the final Agency action of approving and executing the DDA. The Developer shall cooperate with the Agency and abide by the Agency's environmental compliance procedures, and fee requirements, which include but are not limited to, the obligation to deposit funds to pay all of the Agency's costs of preparing the required environmental studies. Agency's costs hereunder shall be paid from funds allocated, by Agency to Developer to develop the Project. 6.0 GOOD FAITH DEPOSIT Prior to the execution of this Agreement by the Agency, Developer shall submit to the Agency a good faith deposit in the sum of twenty thousand dollars ($20,000) in the form of a certified cashier's check, or other form of security acceptable to the Executive Director to ensure that Developer will proceed diligently and in good faith to negotiate and perform all of Developer's obligations under this Agreement. If the deposit is in cash or a certified cashier's check, it shall be deposited in an account in a bank or trust company selected by the Executive Director. Interest, if any, shall be added to the deposit and held as additional security for Developer's obligations hereunder. If the Parties enter into a DDA within the time period identified in Section 2.0 of this Agreement or any extension thereto, the Agency shall return the deposit to Developer. If the Parties fail to enter into a DDA within the time period identified in Section 2.0 of this Agreement or any extension thereto, the Agency may retain the deposit only if Developer has not negotiated diligently or in good faith or has not carried out its obligations under this Agreement. Developer's failure to submit to the Agency plans, reports, studies, investigations, and materials specified in Sections 3.0 and 4.0 of this Agreement within the time periods specified therein shall be deemed to demonstrate Developer's failure to negotiate diligently and in good faith and its failure to carry out its obligations hereunder. If Developer has failed to do so, inasmuch as the actual damages which would result from a breach by Developer of its obligations under this Agreement are uncertain and would be impractical or extremely difficult to determine, the Agency shall be entitled to retain the entire original amount of said deposit plus interest, if any, which has accrued thereon, as liquidated and agreed damages. Developer may terminate the Agreement in the event that during the course of the investigations and evaluation of the Site and Project, it determines in good faith that the Project is not feasible or financeable. Agency shall return the deposit to Developer upon termination of the Agreement in the event Developer has negotiated in good faith hereunder and materially complied with the terms hereof. BY THEIR RESPECTIVE INITIALS SET FORTH BELOW, THE AGENCY AND DEVELOPER ACKNOWLEDGE AND AGREE THAT FORFEITURE OF THE ORIGNIAL AMOUNT OF THE DEPOSIT (TOGETHER WITH ANY INTEREST EARNED AND ACCRUED THEREON) IS NOT IN LIEU OF ANY OTHER RELIEF, RIGHT OR REMEDY TO WHICH THE AGENCY MIGHT BE ENTITLED BY REASON OF DEVELOPER'S DEFAULT. Initials: Developer Developer Agency Executive Director 7.0 MISCELLANEOUS 7.1 Real Estate Commissions. The Agency shall not be liable for any real estate commission, finder's fee, or any broker's fees which may arise from this Agreement. The Agency represents that it has engaged no broker, agent, or finder in connection with this Agreement, and Developer agrees to hold the Agency and its representatives harmless from any losses and liabilities arising from or in any way related to any claim by any broker, agent, or finder retained by Developer regarding this Agreement or development of the Project, or purchases/sale of other property at the Site. 7.2 No Agency Duty Except as expressly provided above, the Agency shall have no obligations or duties hereunder and no liability whatsoever in the event the Parties fail to timely execute a DDA. Developer understands and acknowledges that the Agency does not presently own the Site but may acquire properties on the Site, and that as a condition precedent to approval of a DDA, Agency may be required under Section 33433 of California Redevelopment Law to make a finding by resolution after a public hearing that the consideration received by the Agency from the Developer for the Site under the DDA is not less than the fair reuse value of the property at the use and with the covenants and conditions and development costs authorized by the sale or lease. Developer acknowledges and agrees that the Agency, as of the execution hereof, has not agreed to fund, subsidize, or otherwise contribute in any way toward the development of the Project. The Agency's financial and other involvement in the Project will be established by the DDA, if at all. Any financial participation by the Agency as established in the DDA will be determined by the Agency, in its sole and absolute discretion, based upon such factors such as market conditions, density of development, cost of development and/or rehabilitation of the Project, risks associated with development of the Project, estimated or actual revenues and profit to be derived from the Project, public purposes associated with development of the Project, and other matters relevant to establishing the fair market value of the Project to be developed, the financial requirements of Developer respecting its acquisition of the Site and development of the Project and the financial benefit to be derived by the Agency from development of the Project. By its execution of this Agreement, the Agency is not committing itself or the City to or agreeing to undertake: a) any disposition of land to Developer; or b) any other acts or activities requiring the subsequent independent exercise of discretion by the Agency, the City, or any agency or department thereof. The Parties recognize that one or more of the conditions to Developer's proposal set forth herein may fail to be met as a result of subsequent studies, reviews, and proceedings involving the exercise of discretion by the Agency, the City, or any agency or department thereof. This Agreement does not constitute a disposition of property or exercise of control over property by the Agency or the City and does not require a public hearing. Execution of this Agreement by the Agency is merely an agreement to enter into a period of exclusive negotiations according to the terms hereof, reserving final discretion and approval by the Agency and the City as to any DDA and all proceedings and decisions in connection herewith. 7.3 Non-liability of Agency Officials and Employees No member, official, representative, director, staff member, attorney, or employee of this Agency shall be personally liable to Developer or any successor in interest, in the event of any 10 default or breach by the Agency or for any amount which may become due to Developer or to its successor, or on any obligations under the terms of this Agreement. 7.4 Developer Indemnification Developer understands and acknowledges that no displacement of tenants on the Site is anticipated or contemplated during the period of this Exclusive Agreement to Negotiate and Developer hereby agrees to indemnify and hold the Agency and the City of Tustin harmless from and against all Loses and Liabilities related directly or indirectly to, arising out of or in connection with any claim by occupants of the Site respecting benefits as a result of this Agreement and/or discussions between the Agency and Developer with respect thereto. 7.5 Public Hearings and Compliance If the negotiations hereunder culminate in Developer and Agency's Executive Director concurring on the terms and provisions of a DDA, such DDA will be considered for approval by the Agency only after all required public hearings have been held and after compliance with all applicable laws and ordinances. The Agency's Executive Director's concurrence with the terms and provisions of a proposed DDA under any provision of this Agreement shall not be construed or interpreted as Agency approval or acceptance of such terms. Such concurrence shall be viewed as nothing more than the Executive Director's willingness to recommend to the Agency Board that the Agency Board approve such terms. 7.6 Entire Agreement; Attorneys Fees This Agreement represents the entire agreement of the Parties with respect to the matters set forth herein and supersedes any prior negotiations or contemporaneous writings or statements. This Agreement may not be amended .except in writing signed by both of the Parties hereunder. If either Party brings an action or files a proceeding in connection with the enforcement of its respective rights or as a consequence of any breach by the other Party of its obligations hereunder, then the prevailing Party in such action or proceeding shall be entitled to have its reasonable attorneys' fees and out-of-pocket expenditures paid by the losing Party. 7.7 Covenant Aqainst Discrimination Developer shall not discriminate against nor segregate, any person, or group of persons on account of sex, race, color, age, marital status, religion, handicaps, creed, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the 11 Site, nor shall Developer establish or permit any such practice or practices of discrimination or segregation in the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Site. 7.8 Notices All notices required or permitted hereunder shall be delivered in person, by overnight courier, or by registered or certified mail, postage prepaid, return receipt requested to such Party at its address shown below, or to any other place designated in writing by such Party. Agency: Tustin Community Redevelopment Agency 300 Centennial Way Tustin, California 92780 Attention: Assistant Executive Director Developer: Kenyon Drive, LLC. Co-Managing Member Statewide Acquisition Corporation 2190 North Canal Orange, CA 92865 Attention: Kent Hawkins Any such notice shall be deemed received upon delivery, if delivered personally, one (1) day after delivery to the courier, if delivered by courier, and three (3) days after deposit into the United States mail, if delivered by registered or certified mail. 12 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. Dated: AGENCY Tustin Community Redevelopment Agency By: William A. Huston Executive Director Approved as to form: Lois Jeffrey Agency Counsel DEVELOPER: CO-MANAGING MEMBER: STATEWIDE ACQUISITION CORPORATION Dated: By: Kent Hawkins, President CO-MANAGING MEMBER: CENTERION PARTNERS, LLC Dated: By: Michael E. Smith, Member JD\SouthCentralProject\Kenyon Drive\july15 ENA.doc 13 Exhibit A EXHIBIT A SITE MAP ~cjO£t / /// / Exhibit B EXHIBIT B PROPERTY OWNERSHIP MAP KENYON DRIVE LI,MITED, L.P. 7~oe~ ~ 7oa~ Exhibit C Proposal for Index Section 1 RevitalizatiOn of The Kenyon Drive Community Proposed Entity & Project Team By Kenyon Dr. Limited, LP Section 2 Financial Capacity & Experience Section 3 Section 4 En ty and Project Team Section l.---Proposes ti 1. Kenyon Dr. Limited, A California Limited Partnership is a newly formed, single asset entity for the purpose of purchasing, rehabilitating and operating the Kenyon Drive Community. The General Partners are Statewide Acquisition Corporation and Centerion Partners, LLC. The partnerships address is 2190 N. Canal, Orange CA. 92865. General contact person for all revitalization and owner representation is Mr. Kent Hawkins, 714 282-4918 , Statewide Acquisition Corporation was formed in August, 2001 for the strategic purpose of inviting three companies together to form a highly seasoned real-estate acquisition, rehabilitation and management company focusing on apartment communities located throughout in California. Combined, the officers and directors have over 85 years of real-estate development, financing and management experience having purchased over 32,000 apartment units throughout the United States. Again, the chief contact person is Mr. Kent Hawkins, owner contact person at 714 282-4918. 2.' The General Parmers for Kenyon Dr. Limited are Statewide Acquisition Corporation, a California Corporation, (1% parmer) whose officers include Mr. Kent Hawkins, as President and Mr. Dirk Ivory as Chief Operating Officer and Centerion Partners LLC, (1% parmer) whose members include Mr. Michael Smith as Manager, Mr. Scot Matteson, Manager and Mr. Steve Berger, Manager. Additional corporate members include Mr. Paul Reim, Reim Advisors, Director of the Board, Sr. Advisor and Mr. Jake Terada, Board of Directors. The limited partners and ownership are as follows: Mr. Kent Hawkins (22%), Mr. Dirk Ivory (22%), Terrada Investment Corp. (5%) and finally the HoffFamily Trust (49%). 3. Kenyon Dr. Limited owns and operates 41 units currently on Kenyon Drive. Total equity capital committed to date is $1,090,000. Assuming the acquisition cost of the remaining units is approximately $5.5-$5.7MM we are prepared to commit an additional $1,005,000 of equity to the project or approximately 25% of the recognized real-estate value. Again, we believe the units in their current condition are not worth over $75,000-80,000/unit although the current market prices are considerable more. The general partners Statewide Acquisition Corporation and Centerion Parmers LLC. will guarantee the completion of the re-habilitation of the community. Kenyon Dr. Limited, LP has a combined net worth between the General and limited partners of $250MM. 4. Provided are the following Resumes/Bio's for each General Partner and key partners within. They are as follows: A) c) D) E) F) G) Mr. Kent Hawkins Mr. Dirk Ivory Mr. Paul Reim Advisors Terrada Investment Corporation Centurion Partners, LLC Mr. Scot Matteson Mr. Michael Smith Mr. Steve Berger' HoffFamily Trust Village Investments, Management Company GRC Associates, Architectural Planners Mr. Kent Hawkins Real Estate HistorKfor Kent Hawkins 1981-1986 Sr: Vice President for Unified' Capital Corporation, a private mortgaging Company specializing in Industrial Revenue Bond .Financing. Having funded over $600mm over the five years, clients included Lincoln Property Company, Trammel Crow, K&B Homes, and US Homes. Our primary focus was Multi Family Housing. 1986- 1988 developed as Sr. Vice President and equity partner, with Beztak, A Detroit based development Co. and K&B Homes several apartment communities. The Cascades, a 292-unit apartment commtmity located in Anaheim Hills. The property was successfully developed creating over $7.5mm in equity. Developed and sold over 750 apartment communities throughout Farmington Hills MI. Profits exceeded over $25mm in this area alone over the two years with the company. 1988- 1990 Developed several communities with The Warrnington company including Moreno Valley Ranch, a 1700 acre master planned community. As Co-Lead member of the development agreement team with the City of Moreno Valley, we received approval for an 18 Hole Pete Dye champion golf course, over 1500 single-family homes, 750 apartment units, 350,000 SF of commercial and retail. We successfully sold off all of the single-family lots and multi-family lots as well as developing the golf course to a Co- development partner. Profits exceeded over $7mm. 1990- 1992 Developed 35, condominiums throughout Newport Beach as managing partner and 50% equity owner of CDM Condo Corporation. During this period, we developed seven, two trait condos netting over $1.7mm in profit. Our 20 unit luxury condominium project, Villa.Del Este and co-owner, Toshoku Trading Co., a multi billion dollar Japanese trading company was developed during the same period. Throughout 1990-1991, we entitled the land for 20 units creating over $2.5 in land value. Although with the creation of land value, and the successful completion of the units, which were sold three times over with good faith deposits, the project ultimately became unsuccessful. During this time, each unit, one by one fell out of escrow as the market started to deteriorate leaving several units unsold. Although we successful rented the units, the income was not enough to sustain the cash flow needed to service the dept. Ultimately, we sold the units at a steep discount. 1991-Present developed several sports parks and retail stores "Super Sports" as 50% owner. Today, we have three facilities totaling over 75 acres of various sporting venues including driving ranges and two retail stores. Currently, annual sales exceed $10mm and over 7% net profit. 1997-Present as 10% equity partner, currently operate the Venture Capital Division for Polygon Development Company. In addition to investing in several operating companies, we have purchased and sold an apartment community in South Orange County called Hillpointe Apartments, a 392 unit class A apartment community. From the acquisition, which was made within 14 business days fi.om the introduction of the property, for $1 Imm, we restructured the management team, repositioned the property and sold the project within 14 months for $23mm, netting over $10mm. REFERENCES Mr. J. D. Montgomery Canterbury Capital Services Inc. 660 Newport Center Dr., Suite 300 Newport Beach, CA 92660 Phone# (949) 721-9580 B) Mr. Dirk Ivor DIRK 1VOR Y 9 0 CENTUR YDRI VE MILL VALLEY, CA 94941 415-381-0101 Dirk L. Ivory February 23, 2001 From 1979 to 1985 Employed by Superior Tile Co. Worked in commercial building and residential, as a Journeyman Tile Setter, Learning much about many construction trades. From 1985 to1991 Owned and operated his own construction company, (Ivory & Associates) which purchased, renovated and resold under valued custom homes in the San Francisco Bay area. Acquired a California Real Estate license in 1986 to current. ' From 1991 to 2000 McNeil Real Estate Management Co. (McNeil is a Limited Partnership, owns and managed $650M of real estate in 28 states.) Joined McNeil in 1991 as Vice President of Construction and was promoted to Senior Vice President in 1994. Responsible for overseeing redevelopment projects, the physical condition of managed properties through capital improvements, recurring maintenance and construction cost controls. A Principal within the McNeil organization. (McNeil Real Estate Mgt. and McNeil Capital LLC.) A member of the acquisitions team, responsible for transactions in the western region of the United States, including the review and analysis of properties submitted for acquisition, as well as regional broker relations,. A voting member on all ownership issues for the McNeil organization. From 2000 to Current Currently working with McNeil Capital as a consultant and new business development. Other time spent on managing personal investment portfolio and real estate development. REFERENCES TriVest Residential 13760 Noel Road, suite 836 Dallas TX- 75240 Phone # 972-448-5747 Contact Person Ron Taylor- President Contact Person Zachary Maggart - Principal & SVP of Construction Bank Info: First Republic Bank 101 Pine St San Francisco, Ca. 94111 Phone# 415-296-3504 Personal Banker Contact Gretchen Eckelhoff Ac#91100051655 Ac#91100046937 Wells Fargo Bank 525 Miller Ave. Mill Valley, Ca. 94941 Phone# 415-388-0713 Ac#0001782796 C) Mr. Paul Reim January 2002 Reim Advisors/Steadfast Properties Portfolio In 1997, Reim Advisors,LLC partnered with Steadfast Properties & Development Co., Inc., and began operating as Steadfast Properties, whose principal office is located in Newport Beach, Califomia, is involved in the acquisition, develOPment and management of multi-family properties within the continental United States and Hawaii. With a professional staff of 375 people, Steadfast has the in-house capabilities of overseeing the acquisition, management, development and operations of each of its various properties. Pacific Coast Land & Construction Co., Inc., a California-based general building contractor (CA License 742484), an affiliate of Steadfast Properties, has construction capabilities to provide for the refurbishment and improvement of Steadfast's existing multi-family residential properties and site and building construction activities related to Steadfast's commercial, industrial and mixed use properties. Steadfast, in affiliation with Pacific Coast Land & Construction Co., Inc., employs a select nucleus of experienced building construction supervisors who are individually assigned to oversee and manage the various multi-family residential, commercial and industrial improvement projects for the Company. Steadfast Properties multi-family division has been involved in the acquisition and refurbishment of over 10,000 apartments and currently manages over 6,000 multi- family residential units, which it owns and operates, in part for affordable housing. Steadfast Management Co., Inc. performs the management and compliance of these properties. Various existing developments have been purchased and improved directly by Steadfast with the assistance of private sector funding, conventional financing, and is an owner and developer of affordable multi-family housing projects. Steadfast has a very proactive ownership style and on a case-by-case basis will provide youth education programs, day care, health and career development training, and shuttle services as additional amenities for its tenants and apartment home communities. Steadfast's lender in its larger multi-family housing properties is a credit facility with Newman Associates and GMAC. Steadfast Properties and its parmers provide the equity for these projects. Through this long-term relationship with its lenders and partners, Steadfast has been able to buy properties by obtaining creative bond and governmental subsidy financing with the most favorable interest rates available in the market place at the time. Steadfast Properties is also affiliated with a major supporter of the Nova Community Foundation, a 501(c)3 nonprofit corporation. This nonprofit organization offers supplemental education and social services designed to improve the lives of children and families who reside in many of the multi-family residential complexes owned and operated by Steadfast Properties. The Nova Learning Centers provided on site of various Steadfast apartment complexes offer such services individual mtorlng and extended education for study groups, assistance with homework, special areas of study, general mentoring and counseling, family workshops and educational field trips for school aged students (5-18 years of age) and their families. The Nova Community Foundation, including various administrative staff and its Executive Director, are housed in the offices of Steadfast Properties in Newport Beach, California. Steadfast prOPerties has closed the following significant transactions in California and Hawaii over the last four years, including: Meadowland 346 units Rialto Libby Lake 150 units Oceanside Park Heights 192 units Highland Matin Club 222 units Pomona . Ocotillo 135 units Cathedral City Village Green 184 units San Bemardino Scenic View 156 units Barstow Autumnwood 116 units San Bemardino Palm Desert Country Village 66 units Palm Desert Creekside Village 304 units San B emardino The Plaza 152 units Palm Springs Sunset Villas 406 units Oahu, Hawaii Brookhollow 188 units West Covina Casa La Palma 272 units La Palma Rio Vista 161 units San Ysidro Casa Del Rio 600 units Colton Heacock Park 120 units Moreno Valley Lakeside Village 128 units Lake Eksinore Park West 256 units Fresno Arbor Park 260 units Upland Lancaster Manor 248 units San Diego Discovery Commons 160 units Sacramento Elima Lani 216 units Kona, Hawaii Sienna Pointe 384 units Moreno Valley Pierce Park 430 units Pacoima Pacific Palms 139 units Palm Springs Cypress Cove 200 units Escondido Christiansen 144 units Indio Holiday Manor 252 units Oxnard Cielo Vista 112 units Indio Lakeview Terrace 128 units Pacoima Hilltop Commons 324 units San Pablo Total 7,249 units Steadfast Properties has a very knowledgeable team of Underwriters, Consultants and Attorneys, which enables it to overcome obstacles and efficiently to complete a transaction. Steadfast's closing teams have included the following individuals and firms: Financing: John McAlister, Scott Barker- Newman & Associates (GMAC)- Underwriters Financial Advisor: Robert Klein- Klein Financial Corporation- Bond Consultants Tax and Compliance Consultants: Mike Novogradac - Novogradac & Company- Tax & Compliance Consultants Legal Counsel: John Kincannon - Cox, Castle, Nicholson - Bond Counsel Wade Norris- Ritter, Eichner & Norris- Underwriter Counsel Anna Marie Del Rio - Orriek, Herrington & Suteliffe - Issuer Counsel Should you have any further questions, please contact me. Sincerely, · REIM ADVORS, LLC Paul H. Reim Principal D) Terrada Investment Corporation Terrada Investment Corporation Terrada Investment Corporation is a subsidiary of Terrada Warehouse Co. Ltd. Terrada Warehouse is a Japanese private company established in 1950. The head office is located in the middle of Tokyo Bay Area and currently owns many warehouse in several location such as Tokyo, Yokohama and Saitama prefecture, which cover all of the Tokyo Metropolitan area. Terrada Warehouse currently has more than two million square feet of floor space. The major items handled are communication machinery, precision machinery, electric goods, housing equipment, textile goods, corporate documents, etc. Their major clients include Sony, Pioneer, NEC and other well-known public companies. Annual income exceeds 70 million dollars. Terrada Investment is a California Corporation established in 1987. Terrada Investment currently own the warehouse in Torrance and have been investing in many development oppommities include the hotel project in Irvine and San Diego, apartment projects in Van Nuys and Seattle, a sports facility center in Orange. REFERENCES R. D. Olson Construction 2955 Main Street, 3ra Fl. Irvine, CA 92614 Mr. Dennis Reyling 949-474-2001 Sonic Industries, Inc. 20030 S. Normandie Ave. Torrance, CA 90502 Mr. Roy Franks 310-532-8382 BANK REFERENCE Dai-IChi Kangyo Bank of California 555 W. Fifth St. Los Angeles, CA 90013-3033 Mr. T. Goto 213-612-2718 E) Centurion Partner~ CENTURION PARTNERS, LLC * 3636 Birch St. # 260 * Newport Beach, CA 92660 * * Business (949) 250-8800 * Fax (949) 250-8801 * WWW. ARFS CA. COM * Scot Matteson * Michael Smith * Steve Berger * * Dan Berger * John Caley * Centurion Partners, LLC' INTRODUCTION Centurion Partners, LLC is a private equity fund formed by the principals of American Realty & Financial, Inc. and MES Investments. Centurion will invest in income producing real estate assets located in the United States. The Fund is targeting projects which generate internal rates of remm in excess of 25% over a three to seven year period. The fund intends to invest in 10-15 properties over the next two years with asset value of approximately $250 million. The Partnership has developed a unique business model to acquire and manage income pro- ducing properties in the United States either as individual assets or as portfolio's. The busi- ness plan focuses on the following strategies: 1. Opportunistic Acquisition 2. Value enhancement of the acquired properties through development, redevelop- ment and repositioning or improved management 3. The highest possible selling price of its properties through the sale to captive and highly motivated buyers UNIQUE BUSINESS MODEL The business model of the Partnership is unique ia the following ways: Minimize Risks Associated with Real Estate Investment: The Manager's unique experience and expertise in valuing and acquiring, developing, renovating and op- erating real estate will result in reduced acquisition development risks associated with real estate investments Stable and Predictable Real Estate Product Type: Income Producing Real Es- tate offers a very stable, predictable long-term cash flow, with limited impact from changes in overall economic conditions. This stability is a function of its use by small tenants rather than a few larger tenants thus minimizing the risk of tenant remover and little need for major capital expenditures over time. Strong Management: The Manager and its principals have collectively over 100 years experience in real estate investing. The experience of the Manager will con- tribute to the Company's ability to source those properties which meet the Fund's investment criteria. THE MANAGEMENT TEAM The Manager has assembled a strong senior management team with extensive experience in all aspects of the commercial property industry including real estate acquisition, development, ownership, management, financing and disposition. The Principals of the Manager have been active in United States real estate investments for over 100 years. Centurion Partners, LLC Scot Matteson began his executive career with Pacific Development Corporation as Chief Fi- nancial Officer (1977-1981), where he was re- sponsible for managing all debt and equity fi- nancing, land development, equity and private placement financings. Opportunities in the self storage industry led Mr. Matteson to C.J. Bonner Corporation (1981-1984) as Senior Vice President where, he was responsible for land acquisition, entitle- ments and market feasibility studies. Mr. Matteson in 1984 founded the first of many companies. Matteson Development Corporation (1984-1988) which specialized in ground up de- velopment and all facets of commercial, resi- dential and industrial real estate construction. In 1988 Mr. Matteson co-founded American Realty & Financial Services of California, Inc. which as a real estate investment banking eom- pany, he grew it into several successful other businesses including mortgage banking/ brokerage, direct investments and principal transactions. Total volume at American Realty was $15 bil- lion (1988-Present). In addition, he created a lending group in partnership with Credit Suisse First Boston and became the largest single ten- ant lender in the United States (Boston Ameri- can Financial Group). There he successfully funded $5.5 billion of commercial mortgage back securities. Over the past 15 years Mr. Matteson's cliental and completed transactions has grown to in- clude Wal'Mart and the Walton Family, The Walt Disney Company, American Express, AEW, Oaktree Capital, Blackacre, Farallon Capital, Lehman Brothers, Goldman Sach's, Morgan Stanley, Blackstone Capital Manage- ment, Starwood Capital, Walton Street Capital (JMB), Perdential Real Estate, Fidility Invest- ment Management, JP Morgan, Chase Manhat- tan Bank, Bank One, Bank of America, GE Capital, GMAC, Hillwood Development (Ross Perot Jr.), American Real Estate Partners (Carl Ichan), Apollo Real Estate, Heller Financial, Blue Star Investments (Jerry Jones), Conseco, Northstar Capital Management, Cargill Capital, Carlyle Group, Nomura, Royal Insurance Com- pany, Travelers Insurance Company, Deutsche Bank, United Bank of Switzerland (UBS), Wells Fargo Bank and other various domestic · and international banks, financial institutions and hedge funds Centurion Partners was organized to utilize Mr. Matteson's relationships and experience in the capital markets to generate opportunities in the asset acquisition field. Centurion specializes in acquisitions of commercial, industrial, retail, multi-family and residential real estate assets that possess a redevelopment, value add compo- nent or ground up construction. Mr. Matteson attended the University of Colo- rado at Boulder and graduated with a degree in Economics. Mr. Matteson is also a State of California Broker. Centurion Partners, LLC Prior to forming Centurion Parmers, LLC Michael Smith was Senior Vice President' of Staubach's West Region, he lead major clients for Staubach since 1993. His re- sponsibilities include consulting for major clients on acquisitions and dispositions throughout the country. Michael com- bines thirteen years of experience as a commercial office and industrial broker with five years as an experienced devel- oper/landlord representative. His diverse knowledge of both sides of a transaction, including negotiating strategies, financial analysis, design and construction issues, enable him to bring a unique perspective that creates tremendous value for his cli- ents While at the Staubach Company, Michael was consistently a.Top Producer. He has been responsible for over 175 transactions totaling in excess of $300 million. Mi- chael's solutions range from complex lease buyouts to acquisitions for corporate headquarters. A partial list of Michael's satisfied clients includes ConAgra, Nissan Motor, Corporation USA, DFS Galleria, Cleveland Golf and Reinhold Industries. Prior to joining the Staubach Company Mi- chael served as Regional Marketing Direc- tor at the O'Dormell Group for five years. He developed and leased a wide range of commercial and industrial real estate pro- jects for institutional clients. He marketed, leased and sold real estate portfolios for such prestigious clients as The Irvine Com- pany, Pacific Life, California Public Em- ployees Retirement Systems (CALPERS) and Citicorp Realty. Michael's real estate career began in Texas with CB Commer- cial, where he gained experience in several real estate markets throughout the United States as a tenant representative. A graduate of Texas Tech University with Bachelor of Science degree in Business Administration, Michael's formal educa- tion emphasized business management and real estate. Centurion Partners, LLC For the past 25 years Mr. Berger has been involved in all aspects of the real estate industry including bank- hag, investment banking, direct lending, brokerage de- velopment and/or acquisition ha the following venues: residential and commercial land acquisition and devel- opment, single family housing tract development, multi-family housing complexes as well as retail, commercial, industrial and hotel properties. Mr. Berger attended and graduated college at Arizona State University and Ball State with postgraduate and MBA work at Michigan State, Indiana University and the University of Notre Dame in real estate, banking, business and law. Mr. Berger first became involved in the real estate business as a real estate appraiser and graduated ad- vanced classes sponsored by The Society of Senior Real Appraisers (SRA) and by the Members of the Appraisal Institute (MAI). Mr. Berger also success- fully completed real estate classes offered by the Mar- shall Stephens Institute of Architecture and Construc- tion. Prior to founding his own company, American Realty & Financial Inc. in 1979, Mr. Berger held positions with the Chicago based Heitman Group (Senior Vice President) and the New York based Pearce, Mayer & Greer (Managing Parmer) of which both firms were acknowledged as two of the nation's most prestigious and successful real estate investment banking firms. Headquartered in Newport Beach California, Ameri- can Realty & Financial Inc. was founded by Mr. Ber- ger as a national real estate banking firm which grew to having offices ha Chicago, LaJolla, Kansas City and Greenwich, Connecticut. (Boston American). Mr. Berger co-founded Boston American Fi- nancial Group (Boston American), which be- came the nation's largest lender of credit ten- ant mortgage loans. In addition to Boston American's lending activity, Credit Suisse First Boston (the world's 2nu largest bank) ex- clusively contracted with Boston American to manage their credit tenant lease-lending pro- gram. Over the past 25 years Mr. Berger's cliental and completed transactions has grown to in- elude Wal'Mart and the Walton Family, The Walt Disney Company, American Express, The Donald Trump Organization, Conseco, Royal Insurance Company, Travelers Insur- ance Company, Deutsche Bank, United Bank of Switzerland (UBS), Wells Fargo Bank and other various domestic and international banks, financial institutions and hedge funds. In total, Mr. Berger successfully placed ha ex- cess of $10 billion in real estate projects. Through various parmerships with such com- panies as American Express, Travelers Insur- ance Company and General Motors (AEW), Mr. Berger has successfully developed over $150 million of office, industrial and apart- ment buildings. Currently Mr. Berger's main business focus is centered around Centurion Partners which specializes in niche real estate acquisition and development opportunities throughout North America. This partnership includes Mr. Ber- ger 14 year partner Scot Matteson and Mi- chael Smith. Centurion Partners, LLC Portfolio Bison Properties Highland Pool DR Pool I DR Pool II DR Pool III K Mart I 1998 K Mart I 1998 Furrs Supermarket Ballys Total Fitness Pets Mart Builders Square Best Buy Wells Fargo Rite Aid Wal'Mart Elder-Beerman American Restaurant Group Hoyt's Cinema Motel 6 Shemin Nursery Twentieth Century Motel 6 Wal'Mart Office Depot Garden Ridge CVS Corporation Eckered Corporation M. Fortunoff of Westbury Eagle Food Centers, Inc. GSA Building Revenue Bonds Portfolio Transactions Properties Location Amount 2 Wal'Mart & 3 Sams 5 States $ 31,000,000 3 K Marts 3 States $ 21,000,000 27 K Marts 17 States $ 205,000,000 35 K Marts 19 States $ 223,000,000 10 K Marts 10 States $ 90,000,000 16 K Marts 5 States $118,094,343 10 K Marts 3 States $ 63,165,297 8 Supermarkets 3 States $ 27,927,000 3 Fitness Centers 3 States $11,885,897 11 Pets Marts 10 States $ 37,478,593 3 Home Centers 1 State $ 23,538,376 8 Free Standing Retail 6 States $ 57,429,000 2 Processing Centers California $ 42,480,000 9 Free Standing 4 States $ 28,051,000 6 Free Standing 4 States $ 60,466,000 2 Free Standing 2 States $ 33,884,000 16 Black Angus Restau- 4 States $ 33,500,000 3 Free Standing Theaters 2 States $ 26,350,000 3 Corporate Hotels 2 States $ 5,150,000 6 Nurseries 6 States $10,937,000 Corporate Build to Suit 1 State $ 91,000,000 Corporate Hotel 11 States $151,367,635 5 Super Shops 5 States $ 68,766,000 2 Free Standing 2 States $10,448,968 Home Improvement 3 States $ 28,600,000 5 Free Standing 3 States $11,923,111 3 Free Standing 2 States $11,963,364 1 Department Store 1 State $12,000,000 3 Free Standing 1 State $11,199,937 Free Standing Agana, Guam $13,000,000 Total $1,560,605,521 Crosspoint: Bob Hoff Page 1 of 2 In almost every industry sector, the Internet create major new companies. Whether it's mo obvious sectors like on-line trading and retaili more subtle ideas like eliminating one or two in the distribution chain for auto parts, the Int completely changes the customer value proposition. Service is better and prices are lo Legacy companies have been slow to embrace Net because their overhead structure is based pricing assumptions that the Net destroys. They worry about quarte earnings and are loath to make the drastic moves that are necessary grab a leadership position on the Internet. Aggressive entrepreneur take advantage of this, and the record amount of available private a public capital, to stand toe to toe with Fortune 500 firms. There has been an investing opportunity like this and Crosspoint is committed a part of it. http://www.bob~cpvp.com/inside/bhoff2-html 2/10/02 Crosspoint: Who is Crosspoint? Page 1 ot 2 & We work with talented entrepreneurs to build gr What we invest in companies. We invest early, move fast, and tell t Who we are What we believe Our funds Why Crosspoint industry. truth. We don't believe in blindly following the rules. We invest in VSPs and E-Business Services and Broadband Infrastructure projects where th is a vision to create an important new business o Our business goals: · Creating rapid growth through access to capital · Building long-term sustainable value · Providing substantial returns to entrepreneurs, employees and investors, most often through public stock offerings What we invest in We invest in early stage companies in two strategic areas-VSPs and E-Business Services and Broadband Infrastructure. We are interested in highly differentiated products and services that have the ability to achieve market leadership and remain differentiated over time. Who we are We are successful business professionals with extensive entreprene management, technical, and investment experience. We have found managed, or invested in more than 200 new businesses. We offer industry knowledge, in-depth technical understanding, an extensiv network, and a special ability to collaborate with company founders and management. Our team is located in Northern and Southern California offices. What we believe Crosspoint Values. Our funds Our capital base is approximately $2 billion, sponsored by our limit partners. With our early stage funds, we invest up to $40 million pe project. In addition, we can participate in our portfolio companies' http ://www.bob ~cpvp.corn/inside/whois.html 2/10/02 Crosspoint: Who is Crosspoint? Page 2 of 2 follow-on rounds with our late stage funds, up to an additional $10 million per project. Why Crosspoint Selecting an investing partner is a critical decision. The right partner help the founding team overcome the challenges that face new enterprises. Industry focus In our areas of specialization, VSPs and E-Business Services and Broadband Infrastructure, our technical understanding and mark knowledge enable us to quickly review new business proposals. Once we've invested, we have the knowledge and conviction to persist when temporary setbacks occur, or when the investing cy is a long one. Network With an investment comes access to our extensive network. Crosspoint's industry connections give our portfolio companies a large and useful rolodex. In addition, we work hard to make thin happen. Operating experience As entrepreneurs, we have recruited teams, negotiated major contracts, managed engineering schedules, dealt with manufactu and costing issues, and developed sales and distribution strategi Chemistry We're not financial sharks, bankers, or lawyers. We're entreprene with operating experience. We think like you, we work with you, support you. Financial markets experience We have raised hundreds of private placements, negotiated merg and managed numerous public offerings. We have close relationships with the best investment banking firms in the worl Reputation Our reputation, our record of success, our limited partners, and o active approach gives a young company credibility with potentia customers, vendors, new investors, and prospective employees. http ://www.bob~cpvp.com/inside/whois.html 2/10/02 F) Village Investments VILLAGE INVESTMENTS RESUME August 1, 2001 The Management Company Rehabilitation Experience Properties Managed References MANAGEMENT PHILOSOPHY Village believes in a hands-on approach to management, incorporating the proPerty owner's goals and objectives implemented through an established written management plan. Because of our personalized style of management, we are able to offer individualized service. Implemented in each management plan are the written policies and procedures defining the property's guidelines for the on-site staff in the following areas: · Marketing the Property · Leasing Policies and Procedures · Credit Criteria for Prospective Residents · Policies for Dealing with Delinquent Payments · Office Administration · Handling of Emergency Situations · Resident Relations · Property Maintenance Village, through its corporate office, assumes the following responsibilities: · Development and Monitoring of Marketing Plan · Staff Selection, Training, Motivation and Management · Billing and Collection of Rent · Preparation of Budget for the Property · Banking Administration · Process and Payment of all Property Bills · Maintenance of Financial and Resident Information · Preparation of Timely Detailed Financial and Rental Reports Tailored to the Individual Owner's Needs · Insurance Administration By eliminating the collection of rents, banking, maintenance of resident records and all accounting functions from the on-site.staff's duties, they have the ability and time to devote to resident relations, resident retention and marketing of the property. This creates a community- oriented environment,, wherein the staff has the time to provide the services, which residents have come to expect in the 2000's, as well as enhancing the project's occupancy. PROPERTY MANAGEMENT SERVICES Staff Selection: Pursuant to the budget established by the property owner, Village hires, trains, supervises and motivates the necessary on-site staff. Marketing of Vacant Apartments: A project marketing plan is develOped for the owner's approval. Included in this plan are project advertising, apartment pricing, credit criteria, move-in incentives, resident referral fees, off-site marketing activities, resident retention programs, and the use of flags, banners and monument signs. The plan will be regularly monitored and adjusted as necessary. Rent Collection: All residents are billed for their rent by the 20th of the preceding month. They receive a two-way mailer, invoice and return envelope. Rents are thereby mailed to our corporate office, rather than being collected on-site. All residents who do not pay their rents on or by the 5th day.of the month, are served with Three- Day Notices to Quit or Pay Rent. If they subsequently do not pay their rent, an unlawful detainer action is initiated in order to obtain possession of the apartment and a judgment for the delinquent rent. Property Maintenance: Based on the budget approved by the property owner, all project maintenance is arranged for and supervised by Village or their on-site employees. The project is walked at least once a week by the Asset Manager to assure all maintenance needs are being met. Bids are obtained regularly for all property services to assure the maximum product and services are obtained for each dollar spent. Processing and Payment of Project Operating Expenses: All invoices of the project are processed and paid each week. All bills are approved by the on- site manager and the Asset Manager prior to their payment. If desired, the property owner may have complete control over the payment of all bills by being the °nly authorized person to sign checks or make any disbursements from the project's bank account. Processing and Payment of all Mortgage Payments: Mortgage payments are processed monthly. Payroll _Administration: All paychecks, records, tax deposits, tax returns, workman's compensation claims and any other function of a payroll administrator are handled in the corporate office. Insurance Administration: Village obtains bids annually for all property insurance. Village processes any insurance claims through the appropriate insurance carrier, and the property owner is notified immediately of any claims at the property. Property Tax Administration: Village reviews the property tax bill annually; and, if appropriate, a property tax appeal is filed on the property owner's behalf. Preparation of Annual Budget: Village prepares an annual operating budget. Upon approval by the property owner, the budget is implemented. Preparation of Monthly Management Reports: The property owner receives the following monthly management reports: · Written Narrative of Project Activities · Rent Roll · Unit Comparison Report · Rent Reconciliation · Market Survey Preparation of Financial Reports: The property owner receives the following monthly financial reports: · Income Statement Budget vs. Actual · Balance Sheet · Source and Application of Funds · Summary of all Cash Receipts and Disbursements Appointment of an Asset Manager: An Asset Manager who does not supervise more than four other apartment communities supervises your property. This allows the Asset Manager to be available to meet or speak with you and answer any questions you may have. The Asset Manager is responsible for implementing and monitoring your management plan. MANAGEMENT COSTS To provide the management services summarized herein and more fully outlined in the enclosed Property Management Agreement, Village charges a monthly fee that is a percentage of gross collected income. OTHER SERVICES City and State Subdivision: Village created the idea of subdividing large, garden-style apartment communities into smaller investment units. In conjunction with this subdivision, Village would create an owners association to provide management and maintenance for the areas in the complex owned by the owners in common; i.e., swimming pools, driveways, landscaping, rental office, etc. Over the past fourteen years, Village has created and sold more than $114,300,000 of this product type to more than 600 investors. Real Estate Brokerage Service: Village has a full-time sales staff that generates sales in excess of $30,000,000 per year. Property Rehabilitation: Over the past fifteen years, Village has renovated over 3,000 units. These property renovations have dramatically increased the value of the assets involved. Real Estate Financing: Village has on staff a full-time real estate loan consultant available to discuss alternative financing currently available in the market. Tax Credit Implementation & Maintenance: Village has negotiated and implemented tax credit benefits on several properties in the Southern California area. Its staff has obtained the requirements for bond programs, certified residents for both bond and tax credit programs, recertified residents and audited records. REHABILITATION EXPERIENCE Village Investments began its rehabilitation experience in the early 1980's. The fim~ was managing over 800 single-family residential houses purchased by its syndications formed in the 1970's. The dramatic appreciation that these single-family houses experienced in the 1970's had ebbed and the decision to sell these houses was made. From the extensive market research, it was surmised that marketing time could be dramatically decreased and the value of these houses greatly enhanced if the properties were rehabilitated. Over a period of approximately 36 months, Village vacated, rehabilitated and marketed the 800 houses. Properties rehabilitated: Name of Community Units Rehab Date Rehab Amount Colony East Apartments Santa Aha, California 266 September 1983 $1,100,000 Kempwood Village Apartments Houston, Texas 550 March 1984 $2,200,000 Cedarglen Apartments Fullerton, California 263 November 1985 $1,125,000 Village Gardens Apartments Garden Grove, California 32 April 1986 -$350,000 The Park Apartments Lakewood, California 420 May 1989 $2,000,000 Cabrillo Palms Apartments Santa Ama, California 272 May 1990 $550,000 Arrow Village Apartments Azusa, California 82 September 1994 $425,000 Garden Walk Apartments Garden Grove, California 36 March 1997 $180,000 Malabar Apartments Garden Grove, California 127 May 1997 $1,580,000 Park Glenn Apartments Camarillo, Califomia 150 February 1998 $1,120,000 Santa Paula Apartments Santa Paula, California Alpine Woods Apartments Upland, California North Hills Apartments Fullerton, California. Citrus Tree Apartments Ventura, Califomia Avocado Crest Apartments Fallbrook, California 'Sierra Vista Apartments Loma Linda, California Emerald Gardens Apartments Buena Park, California Cobblestone Apartments Anaheim, California Cypress Villa Apartments La Habra, California Current Rehabilitation Projects for 2001: Name of Community Greentree Senior Apartments Rialto, California Heninger Village Apartments Santa Ana, California Claremont Village Claremont, Califomia Pioneer Gardens Apartments Santa Fe Springs, California Quo Vadis Apartments Huntington Beach 58 137 204 81 48 166 110 64 72 Units 272 56 150 . 151 104 April 1998 June 1999 June 1999 June 1999 February 2000 June 2000 June 2000 September 2000 September 2000 Completion Date December 2001 December 2001 December 2001 December 2001 December 2002 $347,000 $687,000 $1,771,000 $565,000 $400,OO0 $250,000 $815,000 $488,000 $557,000 Rehab Amount $2,040,000 $672,000 $1,125,000 $1,132,000 $832,000 Sea Wind Apartments Anaheim, California 91 December 2001 $682,500 APARTMENT ACQUISITIONS AND MANAGEMENT In 1978, Village havestments began purchasing large, garden-style apartment complexes in Orange County, and has provided a variety of services for these and other projects: ALPINE WOODS APARTMENTS Upland, California Managed Since 1998 137 Units AMANDA PARK APARTMENTS Murrieta, California Managed Since 1999 396 Units APPLEWOOD APARTMENTS Santa Ana, California Sold in 1994 406 Units ARRow VILLAGE Covina, California Sold in 1996 82 Units ACOCADO cm sT Fallbrook, California Managed Since 2000 48 Units BEACHWOOD VILLAGE APARTMENTS Huntington Beach, California Sold in 1989 120 Units BLOSSOM OAKS APARTMENTS San Jose, California Sold in 1986 252 Units BRANDON PLACE APARTMENTS Riverside, California Managed Since 1999 196 Units CABRILLO PALMS APARTMENTS Santa Ana, California Sold in 1999 272 Units CASA MORRO APARTMENTS Newport Beach, California CASA T1BMPO APARTMENTS Westminster, California Managed Since 1994 8 Units 80 Units CEDARGLEN APARTMENTS Fullerton, California Sold in 1990 266 Units CITRUS TREE APARTMENTS Ventura, California Managed Since 1999 81 Units CLAREMONT VILLAGE Claremont, California Managed Since 2001 150 Units CLIFTON FOUR-PLEXES Anaheim, California Sold in 1980 56 Units COBBLESTONE APARTMENTS Anaheim, California Managed Since 1983 64 Units CYPRESS VILLAS La Habra, California Managed Since 2000 72 Units EMERALD GARDENS Buena Park, California Managed Since 2000 110 Units GARDEN WALK APARTMENTS Garden Grove, California Managed Since 1998 36 Units GREENTREE SENIOR Rialto, California Managed Since 1999 272 Units HAMPTON COURT CONDOMINIUMS 46 Units Chino, California Managed Since 1996 HARBOR VILLAGE APARTMENTS Costa Mesa, California Managed Since 1984 HENINGER VILLAGE Santa Ana, California Managed Since 2001 HIGHLAND ORCHARD APARTMENTS Plaeentia, California Managed Since 1985 HOLIDAY HARBOR APARTMENTS Anaheim, California Sold in 1980 JEFFREY COURT Highland, California Managed Since 1999 KEMPWOOD VILLAGE APARTMENTS Houston, Texas Sold in 1986 LAKEVIEW VILLAGE Lake Elsinore, California Managed Since 1997 LAS CASITAS APARTMENTS Newport Beach, California Managed Since 1994 MALABAR APARTMENTS Garden Grove, California Managed Since 1997 MARABELLA CONDOMINIUMS Mentone, California Sold in 2000 MOUNTAIN SHADOWS APARTMENTS Ontario, Califomia Sold in 1996 550 Units 56 Units 104 Units 216 Units 184 Units 533 Units 40 Units 52 Units 126 Units 97 Units 199 Units MOUNTAIN VIEW APARTMENTS Redlands, California Sold in 1998 NORTH HILLS APARTMENTS Fullerton, California Managed Since 1997 PARK DAVID APARTMENTS Cathedral City, California Managed Since 2000 PARK GLENN APARTMENTS Camarillo, California Managed Since 1998 PARK PACIFIC APARTMENTS Fountain Valley, California Managed Since 1980 PEBBLEGROVE Upland, California Sold in 1998 PIONEER GARDENS Santa Fe Springs, California Managed since 2001 REGENCY PLAZA APARTMENTS Anaheim, California Sold in 1984 QUO VADIS APARTMENTS Huntington Beach, California Purchased in 2001 SANTA PAULA APARTMENTS Santa Paula, California Managed Since 1998 SEA WIND APARTMENTS Anaheim, California Managed Since 2001 SIERRA VISTA APARTMENTS Loma Linda, California Managed Since 2000 130 Units' 204 Units 240 Units 150 Units 472 Units 150 Units 156 Units 216 Units 104 Units 56 Units 91 Units 166 Units SOUTHRIDGE APARTMENTS Pomona, California Sold in 1990 80 Units SPKINGPOINTE APARTMENTS La Habra, California Sold in 1992 60 Units TARA VILLAGE APARTMENTS Cypress, California Managed Since 2001 170 Units THE PAR~ APARTMENTS Lakewood, California Managed Since 1990 420 Units THE VILLAGE APARTMENTS Santa Aha, California Sold in 1991 266 Units VILLAGE GARDENS APARTMENTS Garden Grove, California Sold in 1992 32 Units VILLAGE MEADOWS APARTMENTS Santa Aha, California Managed Since 1980 184 Units THE VILLAGE OF TAXCO · San Jose, California Sold in 1986 190 Units VILLAGE TRI-PLEX Buena Park, California Sold in 1984 120 Units VISTA MANOR APARTMENTS Garden Grove, California · Sold in 1996 · 132 Units REFERENCES Paul Fruchbom and Mark Hyatt Partners Partners Realty Capital 4685 MacArthur Court, Suite 422 Newport Beach, CA 92660 (949) 851-1954 John M. Yunker, Jr. Past President/Chief Executive Officer Southern California Savings (818) 790'6760 Raymond T. Way Senior Vice President Pacific Mercantile Bank 450 Newport Center Drive, Suite 100 Newport Beach, CA 92660 (949) 467-2230 INTR OD UC TION GARY R. COLLINS, ARCHITECT GRary R. Collins is a practicing architect licensed in California and under National Council of Architectural eview Board certification. Mr. Collins expands on a twenty-two year tradition of excellence in a practice that includes residential, commercial, and institutional projects, as well as forensic investigations and expert witness consultation. Prior to entering the architectural profession, Mr. Collins acquired extensive field experience as managing parmcr in a residential building and design firm based in San Bemardino County, California. Upon relocation to Orange County, Mr. Collins initiated his architectural career with four and one-half years with William L. Pereira Associates. Projects with which he was associated include Houston Center Master Plan, a 32 Block office, retail, and hotel complex in Houston's Central Business District; Golden West College Humanities, Arts, and Sciences Increment; the North American Rockwell industrial facility in Laguna Niguel (The "Ziggurat"); the Nixon Library Site Location Study; and'the Htm 'tmgton Pacific Apartments project in Huntington Beach, California. After and additional two and one-half consecutive years of experience with architectural firms specialized in multifamily housing design and planning Mr. Collins decided to focus on multi-family residential projects, and in 1976 co-founded Collins & Wraight, which soon became a nationally recognized design services firm. Several highly acclaimed projects include Woodbridge Townhomes, 24 units in Glendale which won the 1979 AlA/Housing Magazine Merit Award; The City Club, a 48 unit luxury complex in La Jolla, which earned a 1986 PCBC Gold Nugget Award for best high-density residential community; Park Meadow, 212 moderate income units in Downey, California; and planning and design for the mixed-use Wi[shire Promenade in Fullerton. In his own practice as G. R. Collins & Associates since 1987, Mr. Collins has designed the renowned Ronald McDonald House in Orange; a Nature/Astronomy Center for the County of Orange; a 22,000 square foot remodel/addition to the Market on the Lake commercial center in Mission Viejo; and the non-profit Alice Clark/Orange Blossom seniors apartment project in the city of Orange. He is currently doing an affordable residential project in the City of Orange, a neighborhood revitalization project in Santa Aha, and his practice also includes design and technical consultation to other architects doing a broad range of projects. He has co- authored the Affordable Housing Design Guidelines for the City of Anaheim, and the Town Center Redevelopment Area Master Plan for the City of Anaheim. Mr. Collins was a volunteer for Big Brothers and Sisters of Orange County for 10 years. He has twice been a judge of the Student Vocational Olympics for drafting and design at the Orange County Fair, was a charter member of the Employer's Council for Housing Opportunity, and has served on a variety of AIA committees. G . R . C o I I i n s + 730W. 17th. Street Cos~ PH: 949/642/2480 A s s o c i a t e s Mesa, CA 92627 FAX 9 4 9 / 64 2 / 2 1 1 0 Gunal'y R. Collins is a practicing architect licensed der National Council of Architectural Review Board certification. Mr. Collins expands on a twenty- two year tradition of excellence in a practice that includes residential, commercial, and institutional projects, as well as forensic investigations and expert witness consultation. Prior to entering the architectural profession, Mr. Collins acquired extensive field experience as manag- ing partner in a residential building firm based in San Bernardino County, California. Upon relocation to Orange County, Mr. Collins initiated his architectural career with a four and one-half year association with William L. Pereira Associates. Projects with which he was associated include Houston Center Master Plan, a 32 Block office, retail, and hotel complex in Houston's Central Business District; Golden West College Humanities, Arts, and Sciences Incre- ment; the North American Rockwell industrial, facility in LagunaNiguel (The"Ziggurat"); theNixon Library Site Location Study; and the Huntington Pacific Apartments project in Huntington Beach, California. Mr. Collins decided to focus on multi-family resi- dential projects, and co-founded Collins & Wraight in 1976, which soon became a nationally recognized design services firm. Several highly acclaimed projects include Woodbridge Townhomes, 24 units in Glendale which won the 1979 AIA/Housing Magazine Merit Award; The City Club, a 48 unit luxury complex in La Jolla, which earned a 1986 PCBC Gold Nugget Award for best high- density residential community; Park Meadow, 212 mod- erate income units in Downey, California; and planning and design for the mixed-use Wilshire Promenade in Fullerton. In his own practice as G. R. Collins & Associates since 1987, Mr. Collins has designed the renowned Ronald McDonald House in Orange; a Na- ture/Astronomy Center for the County of Orange; a 22,000 square fo°t remodel/addition to the Market on the Lake commercial center in Mission Viejo; and the non- profit Alice Clark/Orangeblossom seniors apartment project in the city of Orange. The firm is currently doing a master planning study for a Benedictine monastery in the high desert.. Additionally, the practice includes design and technical consultation to other architects doing a broad range of projects. Mr. Collins co-authored the Affordable Housing Design Guidelines for the City of Anaheim, and the Town Center Redevelopment Area Master Plan for the City of Anaheim, and has co- designed, with his ex-partner Steven Wraight, the Pasco Village project in Anaheim, a highly successful private/ public partnership to transform and revitalize a decaying, crime-ridden neighborhood. Mr. Collins was a volunteer for Big Brothers and Sisters of Orange County for 10 years. He has twice been a judge of the Student Vocational Olympics for drafting and design at the Orange County Fair, was a charter member of the Employer's Council for Housing Opportunity, and has served on a variety of AIA committees. The variety of Mr. Collins' projects represents a broad spectrum of experience and technical knowledge. His work in planning and design of residential environments is par- ticularly extensive. The following are representative of both project managerial and hands on design ? technical produc- tion since 1976. ES11) Mulberry Hills San Marcos, CA Ramos/Jensen Co. Planning, design, and construction documents, for 130 single family VA/FHA homes Density: 6 du/ac. Lak~ Miramar Condominiums Miramar, CA Daon Corporation Master Plan and conceptual design for 550 attached units Density: Av. 10 du/ac. Seaview Condominiums Long Beach, CA IDM Corporation Planning, design, and const, docs. for 10 luxury infill units Density: 14 du/ae. Builder's Choice award, 1986 Park Meadows Apartments Downey, CA Downey Savings & Loan Planning, design, and constrt~ion documents for 212 stacked .Density: 20 du/ac. Gold Nugget merit award, affOrdable category, 1986 NordhofPark Van Nuys, CA Metro Publishing Planning, design, and conslxuction documents for 26 infill townhomes Density: 20 du/ac. Victoria Condominiums Costa Mesa, CA McQuarrie/Spencer Planning design, and construction documents for 17 infill Density: 14.5 du~ae. Ronald McDonald House Orange, CA Ronald McDonald Foundation Site planning and design, 3 story, 21 key "hotel" on infill site City BeautificationAward, 1990 Woodbridge Townhome Condominiums Glendale, CA Richelieu Development Site planning design, and construction documents; 24 stacked units, 3 stories over semi-subterranean parking Density: 47 du/ac A1A/Housing Magazine, Merit,4 ward, 19 79 Cobblestone Row Glendale, CA Richelieu Development Site planning, design, and constns~ion documents; 36 stacked condominimn units, 3 stories over semi-subterranean parking Density: 44 duku:. Hillside Manor Glendale, CA Richelieu Development Site planning, design, and construction documents.; 40 stacked condominium units, 3 stories over semi-subterranean parking Density: 34.7 du/ac. Woodlane Village Glendale, CA Richelieu Development site planning, design, and construction documents.; 28 stacked and townhouse condominium units Density: 33 du/ac. Orange Grove Condominiums Burbank CA Richelieu Development Site planning design, and cor~tmction documents; 24 stacked units, 3 stories over semi-subterranean parking Density: 45 du/ac. Sensible Growth Award, 1980 · Woodside Manor Condominiums Burbank, CA Richelieu Development Site planning, design, and construction documents; 36 stacked ' units, 3 stories over semi-subterranean parking Density: 45 du/ac. Bethany Woods Apartments Burbank, CA Bethany Partnership Site pluming,, design, and conmuction documen~ 1 I0 stocked and townhouse units over semi-subterranean parking Density: 39+ du/ac. The City Club La Jolla, CA Terra Industries, Inc. Site planning, design, and construction documents; 48 stacked and townhouse units; at-grade parking structure Density: 26.3 du/ac. GoM Nugget Grand Award, 1986 McCambridge Townhomes Burbank, CA The Grainger Company site planning, design, and construction documents; 42 stacked and townhouso condo umts over semi-subterrnnenn parking Density: 40 du/ac. Palm Village Burbank, CA Richelieu Development Site planning, design, and construction documents.; 24 stacked condo units over semi-subterrnnean parking Density: 45 du/ac. Windsor Village Los Angeles, CA Richelieu Development Site planning, design, and construction documents; 32 stacked condo units over semi-subterranean parking Density: 39 du/ac. Sensible Growth, Grand Award, 1980; Builder's Choice, 1981 Bridgeport Long Beach, CA Sunset Pacific Development Site planning, design, and construction documents; 60 sta~ked condominium units over semi-subterranean parking Density: 23.8 du/ac.(much of site unbuildable soils) Sensible Growth, Merit Award, 1980; Gold Nugget Grand Award, 1981 The Village Kenwood Glendale, 'CA Howard Development Site planning design, and construction documents; 24 stacked condominium umts over semi-subterranean parking Density: 47 du/ac. Gold Nugget Merit Award, 1983 San Rafael Apartments Glendale, CA Howard Development Site planning design, and construction documents; 2 ! stacked units over semi-subterranmm parking Density: 48 du/ac. The Promenade Apartments Fullcrton, CA The HowardfPlatz Company Site plnnnin~ architecturnl chnracter, discretionary processing; 130 stacked & townhouse unils, semi-~ parking Mixed use: street level corranercial Density: 60 du/ac. Gienfield Apartments Glendale, CA The Howard/PIatz cOmpany Site planning design, consm~ion documents; 264 stacked & townhous~ units over semi-subtetmmmn parking Density: 55 du/ac. Trusiow Villas Apa .r~ments Fullcrton, CA 714 Development Site planning, design, and construction documems; 12 townhomes, at grade & semi-mbterranean parking Density: 29 du/ac. Huntington Classics Huntington Beach, CA Client: WarkentinfWraight, Architects Unit design, technical detailing; small lot, single family detached luxury homes Density: 8.2 du/ac. Gold Nugget, Grand Award, 1990 Columbia Square h'vine, CA lrvine Pacific Development Site planning design, & construction docmmms; 76 s~acked Density: 36 du/ac. Unbuilt project: Gold Nugget, Best site plan under 10 ac., 1982 Virginia Road Condominiums Long Beach, CA Alex LaBelle Associates Site planning, design, and constngtion documems; 30 unit stacked units, semi-subterranean parking Density: 47.5 du/ac. Rosen Remodel/addition San Clemente, CA Client: E.Bennett Adams, Architect Construction doc~ single family remodel Waish Remodel/addition Villa Park, CA Client:Wm. Walsh Design and construction documents, single family luxury home remodel Ahmanson Guest House Corona Del Mar, CA Client: E.Bcnnett Adams, Architect Construction documents, Attached luxury duplex remodel Golden Era Productions, Dormitory Gilman Springs, CA Client: The Warkentin Partnership, Architects l~sign and construction docungnts, 4 - 3 story dormitories, each with 72 rooms, lounge, lobby, and laundry Lamarque Residence Whittier, CA Client: Warkentin/Wraight, Architects Site pinnnin~ design, constngtion docmnents; Luxury cUStom home of 4000 s,f. Orange Blossom Senior Apartments Orange, CA Client: Orange Housing Development Corporation Site Planning, design, and consm~ction documents; 5 units with attached garage for a non-prof~ Affordable Housing Design Guidelines City of Anaheim Client: Withee Malcolm, Architects Planning and design guidelines for multifamily homing COMMERCIALPROJECTS: Mareno Valley Auto Mall Mareno Valley, CA Client: Warkentin/Wraight, Architects Specific plan; architectt~al planning and design geidelincs Downey Savings & Loan Claremont, CA Branch S&L (10,000 s.f.) Site planning, design, and const, docs.; mixed-use office, retail City Beautiful Award, 1980 Downey Savings & Loan Yucca Valley, CA Branch S&L (5,000 s.f.) Site planning design, and const, docs. Downey Savings & Loan Fullerton, CA BranchS&L (Sunnyhills, 20,000 s.f.; includes handball courts, weight room, lockers & dressing club for large depositors) Site planning design, and construction doctanents Downey Savings & Loan Costa Mesa, CA BranchS&L Exterior remodel and renovation Design and eonstru~ion documents Downey Savings & Loan Rolling Hills, CA BranchS&D Remodel and renovation Design and construction documea~ Broadway & Adams, shopping center Glendale, CA Richelieu Developmcm Site planning, design, andcomt.documents(22,000s, f.) The Zeilstra Building San Marino, CA Robert Zeilstra Company Design and conmuction documents; 7000 s.f. remodel-addition Published: Arts &Architecture, 1983 Office Building Brea, CA D&H Development company Site planning, design, and construction documents; 7000 s.f offices Alamitos Cafe Remodel Long Beach, CA Plaza Land Co. Design, construction documents; restaurant remodel (4000 ~ £ ) Costa Mesa Civic Playhouse Costa Mesa, CA City of Costa Mesa, Leisure Services Design and construction document~ interior remodel, interior design for non-equity tlx'~__!er Senior Health Center Long Beach, CA FHP Health Managemem Site planning, design, and construction documents; remodel of existing skating rink into geriatric clinic h'vine Ranch Market Remodel Mission Viejo, CA The Campbell Estate Site planning, design, andconstruction documents; 22,000 s.£ remodel & additiom, existing retail store Sierra Summit Ski Lodge Lakeshore, CA Snow Summit Ski Company Site planning design, and construction documents; 7,500 s.f. mid-mountain food facility Orange County Astronomy and Nature Center Fountain Valley, CA Client: Warkentin/Wraight, Architects Observatory, classroom., and video lab, Mile Square Park (unbuilt);Site planning design, detailing and project management G. R. Collins + Associates 730 W. 17th. Street Costa Mesa, CA 92627 949/642-2480 FAX 949/642-2110 REFERENCES: Available on request 5. As mentioned before, Kenyon Dr. Limited, LP has two General Partners. Statewide Acquisition Corporation will be taking the lead role to oversee the operations and re-habilitation for the Kenyon Drive apartment community. Our plan is to outsource the property management to an experienced, local company in which we have a relationship with. They have 25 years experience in the property management business in Orange County and have managed several properties similar to Kenyon Drive. The company we plan to use is Village Investments, Property Management Co. As far as individuals, Mr. Kent Hawkins, Mr. Michael Smith and Mr. Paul Reim will be responsible for overseeing the re-habilitation plan and ongoing management of the community. This will include weekly management meetings with the on-site manager and property management company. Mr. Kent Hawkins and Mr. Scot Matteson will be responsible for current debt financing and any future financing needs. (Please see resume/Bio attached in section four above) 6. As mentioned, Statewide Acquisition Corporation and Kenyon Dr. Limited were formed for the purpose of acquiring, revitalizing and managing apartment communities similar to Kenyon Drive throughout California. Having combined three powerful real- estate entities as one, Statewide Acquisition Corporation has the combined benefit of strong financial capabilities as well as a strong acquisition, development and management team. The following are properties representing a cross section of apartment communities ren0vated/repositioned, into new communities. (Please also see an additional list of properties attached as additional examples under the resume section) A. Casa La Palma, an existing 272 unit complete renovation located in the City of La Palrna. Renovated by Reim Advisors/Steadfast. a. The economic viability for this project was strong as the project was a partial re-habed, including roofs, decks, a new entry gate, asphalt, and new painting throughout. The budget totaled approximately $2.3MM. b. The quality of architectural was comparable to the existing surrounding neighborhood. c. The project was renovated within a six-month period and was also on budget. d. The property is currently managed by Reim Advisors/Steadfast. B. The Cascade Apartments, a new 292-unit apartment community located in Anaheim H/lis. a. Mr. Kent Hawkins developed this property with Mr. Eli Broad & Kaufman and Broad and later sold the property in 1995 for a substantial profit. b. The property was build as a class A apartment community and received awards for its design. The amenities included a clubhouse, pool, two tennis courts, and a tot-lot and barbeque area. c. The project was developed and stabilized over an eighteen-month period, which was on time and on budget. d. As mentioned, we have sold the property to a Pension fund that has provided for outside management.- This property was sold in 1994. C. Hillpoint Apartments, an existing 398-urdt apartment community located in Mission Viejo Ca. Polygon Southwest, (Mr. Michael Kerr and Kent Hawkins) worked together with Polygon to purchase the community, upgrade and reposition the entire community within 12 months. The property was completed on budget and on time within this time period and later sold for over $10MM in profit. We sold the asset in 2000. D. Shakewood Apartments, an existing 440-unit apartment community located in Fountain Valley Ca. The property was originally developed in 1969. a. This project was purchased Mr. Dirk Ivory, for the McNeil Real Estate Management Co, in which he is part owner. The property was repositioned over a two-year period including the entire interiors, and exteriors. They improved the community from 10% vacancy to a 2% vacancy once renovated. The budget was estimated to be $37,000 per unit. b. The architectural style was consistent with the adjoining neighborhood once renovated. c. As mentioned, the community was completely renovated within the two- year period within budget and within the estimated t/me frame. d. The property is currently managed BRE. E. Amargosa Creek Apartments is an existing 216-unit apartment community located in Lancaster Ca. The property was built in 1986 and was completely renovated from 1994-95. a. This community underwent a complete remodel including the interiors, adding additional parking, and additional carports, and re-landscaping the entire exterior. This increased the value of the property by 30%. b. Once complete, the architectural design was improved dramatically by providing for new exterior siding, new window surrounds, creating a new community feel. c. This property had originally been budgeted for $39,000 per unit. Once complete, the final budget came in at $43,000 per unit. Additional upgrades included repainting, and extensive window treatments. The property is currently managed by Arcon. (6-A) The Casa La Palma's contact person is Mr. Bill Hirsch, of Foundation Resources, (949) 253-3120. (6-B) The property has been sold. There are no contacts remaining as the subsequent parties have retied from the business. Please contact Mr. Michael Kerr, previous President, Polygon Southwest at Blue Stone Communities (949) 475-4114. (6-D) Trivest Residential, Mr. Ron Taylor, President, Mr. Zachary Maggart, Principal, Sr. VP Construction (972) 448-5747 (6-E) Trivest Residential, Mr. Ron Taylor, President, Mr. Zachary Maggart, Principal, Sr. VP ConstruCtion (972) 448-5747 In general, it is the intent of Statewide Acquisition Corp., and Kenyon Dr. Limited to renovate and manage communities for a minimum period of five to ten years. We see the Kenyon Dr. community as an asset we will operate and manage for several years. 8. We have selected GRC & -Associates, located in Costa Mesa whose president is Mr. Gary Collins, AIA. Mr. Collins has 20 years of Architectural Design' and revitalization experience with several communities throughout Orange County. One in specific The Pasco Village apartment community in which Mr. Collins was the Co- Architect with Mr. Steven Wraight, AJA. The Pasco was an existing 183-unit apartment community completely renovated into a high quality apartment community. (Please see resume attached in Section 1) Kenyon Dr. Limited, A California Limited Partnership 2190 N. Canal Orange Ca. 92865 714 282-4918 Fax 714 282-2991 Financial information Release Information Authorization February 15,2002 Mr. Marthinus De Kock Director, Loan Production Financial Institutional Partners One Venture, Suite 300 Irvine, Ca 9261'8 Re: Kenyon Dr. Limited Dear Mr. De Kock: Mr. Kent Hawkins C/O Kenyon Dr. Limited has submitted a statement of its interest and qualification to the Tustin Community Redevelopment Agency for the development of a community serving retail project on a site located in the city of Tustin South Central Redevelopment Project Area. As part of the Proposer's qualification screening process, the Agency may need to contact you about our banking/financing relationship. I authorize you to provide the AgenCy's staff or its consultant with the information they require, with the understanding that all information provided would be kept confidential to the extent permitted by law. ~~~Slresident Statewide Acquisition Corp, General Partner, Kenyon Dr. Limited Kenyon Dr. Limited, A California Limited Partnership 2190 N. Canal Orange Ca. 92865 714 282-4918 Fax 714 282-2991 Financial information Release Information Authorization February 15,2002 Mr. J D Montgomery Canterbury Capital Services 660 Newport Center DR. Suite 300 Newport Beach Ca. 92660 Re: Mr. Kent Hawkins Dear Mr. Montgomery Mr. Hawkins has submitted a statement of its interest and qualification to the Tustin Community Redevelopment Agency for the development of a community serving retail project on a site located in the city of Tustin South Central Redevelopment Project Area. As part of the Proposer's qualification screening process, the Agency may need to contact you about our banking/financing relationship. I authorize you to provide the Agency's staff or its consultant with the information they require, with the understanding that all information provided would be kept confidential to the extent permitted by law. ~t~wl~i'~, President Statewide Acquisition Corporation, General Partner, Kenyon Dr. Limited Kenyon Dr. Limited, A California Limited Partnership 2190 N. Canal Orange Ca. 92865 714 282-4918 Fax 714 282-2991 Financial information Release Information Authorization February 15,2002 Ms. Gretchen Ecklohoff Personal Banker First Republic Bank 101 Pine St. San Francisco Ca. 94111 Re: Acount 91100051655; 91100046937 Dear Ms. Ecklohoff: Mr. Dirk Ivory has submitted a statement of its interest and qualification to the Tustin Community Redevelopment Agency for the development of a community serving retail project on a site located in the city of Tustin South Central Redevelopment Project Area. As part of the Proposer's qualification screening process, the Agency may need to contact you about our banking/financing relationship. I authorize you to provide the Agency's staff or its consultant with the information they require, with the understanding that all information provided would be kept confidential to the extent permitted by law. iS rk- Statewide Acquisition Corporation, General Partner of Kenyon Dr. Limited Kenyon Dr. Limited, A California Limited Partnership 2190 N. Canal Orange Ca. 92865 714 2824918 Fax 714 282-2991 Financial information Release Information Authorization February 15,2002 Dai-Ichi Kangyo Bank of California 555 W. Fifth St. Los Angeles, CA 90013-3033 Re: Account # 0001225928/14030881 Dear Mr. Takeshi Goto Terrada Investment Corporation has submitted a statement of its interest and qualification to the Tustin Community Redevelopment Agency for the development of a community serving retail project on a site located in the city of Tustin South Central Redevelopment Project Area. As part of the Proposer's qualification screening process, the Agency may need to contact you about our banking/financing relationship. I authorize you to provide the Agency's staff or its consultant with the information they require, with the understanding that all information provided would be kept confidential to the extent permitted by law. Very truly yours, Jake Hitoshi Terada Executive Vice President Terrada Investment Corporation Kenyon Dr. Limited, A California Limited.Partnership · 2i90.N. Canal OrangeCa. 92865 714 2824918 Fax 714 282-2991 Fin_ancial information Release Information Authorization February 15,2002 Ms. Blair Minnis Vice President First Republic Bank 2800 E. Coast Highway Corona del Mar, CA 92625 Re: Mr. Scot Matteson, Account # 925-0000-311~ Dear Mr. Minnis Scot Matteson has submitted a statement of its interest and'qualification to the Tustin Community Redevelopment" Agency for the development of a community serving retail project on a site located in the city of Tustm South Central Redevelopment Project Area. As part of'the Proposer's .qualification screening process, the Agency may need to contact you about our banking/financing relationship. I authorize ~you to provide the Agency's staff or its consultant with the information.they require, with the understanding that all - information provided would 'be kept confidential to the extent permitted bY law. Very truly yours, Scot Matteson, Manager, Centurion Partners Kenyon Dr. Limited Kenyon Dr. Limited, A California Limited Partnership 2190 N. Canal .Orange Ca. 92865 .714 282'4918 Fax 714 282-2991 · Financial infOrmation Release Information Authorization February 15,2002 Mr. Don D'Atri · Branch Manager Wells Fargo Bank 110 Highway 50 Statc Line NV. 89449 Re: Account # 6291-421493 Dear Mr. D'Atri Mr. Steve Berger has submitted a statement of its interest and qualification to the Tustin Community Redevelopment Agency for the development of a community serving retail project on a site located in the city of Tustin South Central RedeVelopment Project Area. As part of the Proposer's qualification screening process, the Agency may need to contact you about our banking/financing relationship. I authorize you to' provide the Agency' s staff or its consultant with the information they require, with the understanding that all information provided would be kept confidential to the extent permitted by law. · · · Steve Bef, g~r, . Manag~.vCentuxion Partners Oener~l'Pa~er, Kenyon Dr. Limited Kenyon Dr. ~ A Cali/omia Ijmited Partners~p ~1~0 N. Can~ Orange Ce~ ~5 ~r{.4 2~2.4c~$ Fax 714 282-2991 Financial iht-on'nation Release ln~:ormafion At~horization Februa~ 15 Ms. S,:,snnc M. Sheffield 4590 MacAxthur Blvd. Nc'wport Beach., California 92660 Re: Mt.MichaeL B. Sm_ah Dear Ms. Sheffield Mr. Smith has submitted a statcmcnt of its inter~a and qualifwmtion to thc Tustin Community Rex~v¢lopment Ag,zncy for thc development of a community serving retail project on a site located in the city of~n South Cen~ Redevelopmmi Project Area. As pan of thc Propos~r's qualification scrccning proc~s, thc Agency may need to contact you about our ban}dng/finaneing ~el~on~ip. i authoriz~ you to provide thc Agcr~y's staff or its oonaulamt with ~c information th~ rcquirc, wi~h time underalanding that all information provided would be kept eonfidrmtial to the ext/~ p~rm/tted by law. ~Sm/'th, Oone Partncx K~yon Dr. !.;m/ted Kenyon Dr. Limited, A California Limited Partnership 2190 N. Canal Orange Ca. 92865 714.282-4918 Fax 714 282-2991 'Financial info ,r~...atio.,n Release Information.Authorization February 15,2002 Ms. Sara Hansen -Private Banking 18300 Von Karmen Suite 340 Irvine Ca. 92612 Re: Mr. Robert Hoff Dear Ms. Hansen: Mr. Hoff has submitted a 'statement of its interest and qualification to the Tustin community Redevelopment Agency for the development, of a community serving retail project on a site located in the city of Tustin South Central RedevelOpment Project Area. As part of the Proposer's qualification screening process, the Agency may need to contact you about our banking/financing relationship, I authorize you to provide.the Agency's staff or its consultant with the information they require, with the Understanding that all · information provided would be kept confidential to the extent permitted by law. Kenyon Dr. Limited Partner Sec.'on Three----Development Concept Provided below are renderings of Kenyon Dr., identifying a proposed the new entry and street parking schematic, front elevation identifying new entries and elevations, and tot lot (play area). Exterior: As shown, we plan to replace a portion of the siding of the buildings to reflect a design contour of the windows. We also plan to wrap each Window and provide coverings to the lower windows. This will embellish each unit as we are also creating a new contour around each fireplace and entryway. We are also planning to make the entire street into a private community, providing for a new security entrance, including security gate and code system. We feel this community would be better served as a private community under one management team. This will enable us to provide for additional parking by re-designing street parking into 90* parking along Kenyon Dr. This should increase the number of parking spaces for the community including handicap parking. We intend to re-landscape the entire community providing for a new irrigation system, providing for new landscape for each building, alongside each building in alleyways, new entry statement for each building, and new landscape between parking areas, new sidewalks and planter areas throughout. We have also provided for additional amenities. They include a new club- house/rental office, a new tot-lot (play area) and new green belt sitting areas. We also plan to demo all wood surrounding all balconies and replace with new rod-iron and wood trellis. The architect has provided for a new color scheme for the neighborhood throughout, which we plan to repair and paint each building. Lastly, we plan to repair or replace each garage door, provide a central location for all roof mounted equipment and provide trash enclosures throughout. Interior: We have budgeted for new interiors to include carpet, drapes, appliances (oven/range, dishwasher, ventilation fan), new paint throughout, new cabinets (kitchen, bathrooms), and fix or replace HVAC Units, repair or replace bathroom showers/tubs and fixtures. Possibility of new construction: We are looking into the possibility of developing additional units within the Kenyon Dr. community. Providing the area exists, we are looking to develop an additional 35-40 units. This may be accomplished by creating a new corridor for parking and thru traffic and developing new units within the Kenyon Dr. fight-of- way. As mentioned, this is only conceptual at this time and will need to be studied further. Our preliminary plan indicates we can add an additional 10 units in the back parking lot behind the sic tea units we already own including the lot itself. (We have not accounted for my costs pertaining to adding additional as it is to preliminary). 2. (Community Elevations and Proposed Recreation Area and Entrance) (See Section 4- Presentation Materials) Estimated Revitalization costs (Per city requirements) a) Provided is a preliminary cost breakdown of hard costs broken out on a per unit basis for Interiors and Exteriors. As presented, we anticipate very little off-site costs for our plan as presented. We have also broken down landscape, entry and clubhouse costs and recreational amenities. Also provided is additional parking with 90* parking throughout. We have estimated all on- site costs to be $31,935/unit or $3,225,500. !500 SF Club House/laundry facility/office .New Pool Refurbish each unit/interior Carpet, Drapes, Kitchen Equip. Fix bathroom fixtures, Paint, Re-do Balconies Refurbish buildings/Exterior Change out facades, new window treatments, New Rod Iron, Repair & Paint ~,dd entry gate with security & Structure Make new play area for children with play equipment Add new landscape, Irrigation, hardscape Repair street & add 90* parking (aprox 60) Add storage areas Overhead (contractor fee) Total Rahabilitation Costs 7k/unit $162 $100,000 $706,000 $1,212,000 $50,00(1 $75,00C $400,000 $85,000 $25,00(1 $410,00(1 $3,225,50(, b) Total Professional fees (Soft Costs) are estimated to be approximately $4,708/unit or $475,500 (See details below) e) Total Financing Fees including lender, consultant, closing and permanent fees are approximately $6,336 unit or $640,000. (See details below) Axchitectual and Engineering Building Permit Fees Legal Insurance Enviommental lurvey Overhead and Supervision General and Administrative Lender Fees and Consultant Acquisition Fee [dditional Capitalalized Interest Reserve 2losing Costs (Escrow, Alta, Perm Fee) $45,00(1 $75,00(1 $25,00C $10,00C $4,oo0 $7,500 $25,000 $155,000 $129,000 $168,750 $95,950 $200,000 $175,300 d) Currently, Kenyon Dr. owns and manages 41 units on Kenyon Dr. We are in contract for an additional 10 units for a total of 51 of the 101 units on Kenyon Dr. We believe the land residual value for the remaining units may be as much as $4.6 to $5.mm, pending the final acquisition prices. The current average prices paid for our ownership, including acquisition costs are approximately $95,500/unit. Please note that Kenyon Dr. Limited would not provide for all these improvements to achieve the current economic rents. We have provided this rehabilitation budget for the City to determine what improvements they want to achieve for the neighborhood. This budget reflects an "A-" quality community. (Please see Re-hab budget in section 5 below) 4. As mentioned in the first section, we are willing to contribute an additional $1,005,000 in equity for a total of $2,095,000 into the entire project (25%) of recognized purchase price of the real estate. We have both interim financing and long term financing provided by several lenders. One in particular is Financial Institutional Partners. They currently have debt with Kenyon Dr. Limited for property already owned. As proposed, we are asking the City of Tustin, Redevelopment to help with the additional re-hab, financial and sof~ costs. 5. We have provided current market rents, a breakdown of all operating expenses, Debt Service and capital investment return. We are concerned that the capital costs for our equity for this project are too high, and that the project cannot afford to have such high costs during the duration for re-habilitation and stabilization period. We recommend that the City Redevelopment Agency provide for low cost funds as additional help to minimize our capital, so the project can afford the time to renovate, and stabilize.. We believe we can refinance the property once stabilized, within three years from inception. Our recommendation to the City is to provide a minimum of $1MM of low cost funds for this purpose. Please see proforma's on the next page for both Income and Expense, and cash flows scenarios. / / ~- 0 0