HomeMy WebLinkAboutPOWERPOINT PRESENTATION - ENA WITH OLIVERMCMILLAN TUSTIN LEGACY, INC. (ITEM #14)OliverMcMillan
Exclusive Negotiating Agreement
Tustin Legacy Community Core
Exclusive Negotiating Agreement (ENA)
• Purpose
• Draft Disposition and Development Agreement (DDA)
• Negotiation Period
• Not to exceed 3 years
• Progress measured by Milestones
• Expense Cap
• City expenses capped
• Developer expenses capped
• Process
• Preparation of a viable concept plan and business plan
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ENA — Overview of Process
Concept
Plan
Business
Plan
Tustin Legacy - Community Core
• Access to the Community Core
• Roads completed 1) Warner, 2) Armstrong, 3) Tustin Ranch Road
• Major utilities, wet and dry, installed in major roads
• Hangar - Conditions Assessment and Reuse Study
• Study started June 2014 nearing completion
• Next Step -> determining reuse alternatives: 1) interim, 2) short, 3) long term
• Determine adjacent land uses and product types
• Preparing an Implementable Plan — Long Process
• Appropriate mix of land uses and development products
• Phasing of infrastructure and development
• Sources and uses of financial resources
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Existing Site Challenges
• Ground Leases with Navy (LIFOC)
• Nearly 50% of site in ground leases - 60 acres of 123 acres
• Shape of leased areas not conducive to parcelization for development
• 2 years (est.) for conversion of lease parcels to City -owned fee parcels
• Mixed -Use Urban Core — Prepare Plan
• Programming — entertainment, retail, office, residential, public spaces
• Determining Product Character — density, height, mass and scale
• Hangar — phasing, budget and responsibilities for rehab, maintenance and
operation
• Infrastructure Deficiencies — Prepare Plan
• North side site — no backbone access or utilities
• Interior of site — no streets or utilities
0
OM SITE
PREPARED DATE: 10/07/2015
PREPARED BY:
® HUNSAKER & ASSOCIATES
SCALE: 1"=350 R V 1 N E I N C.
PLANNING ENGINEERING SURVEYING
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Characteristics of Community Core Developer
• Successful place -making
• Large-scale development
• Public/private partnership experience
• Visionary leadership with principals actively participating with the City
• Strong equity partner
• Wide-ranging relationships with institutional lenders
• Ability to attract national tenants and users
• Experience with historic structures
• Aclear interest for integrating the hangar into a larger development
• Experience with reuse of military bases
• Understanding the southern California market
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Shared Costs for Concept Plan
($500k each)
City ($1.0M)
Non -Master Plan
Developer ($1.OM)
Non -Master Plan
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Preliminary Concept Plan
Shared Expenses for Design Consultants
• City/Developer selects Urban Design Consulting Team
• Developer directs design team with consent from City
• 50/50 City and Developer share expenses for design consultants
• Not to exceed $500,000 each, City and Developer ($1.0m)
• Majority of expenses incurred in the first 12 to 18 months
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City Expenses
Non -Concept Plan
• Not to exceed $I.OM; most activities are on-going costs and studies
spread over 3 years
• City overhead including staff costs (on-going)
• Hangar rehabilitation studies (on-going)
• Prelim engineering studies City -owned roads and public spaces
(on-going)
• Legal counsel
• Financial advisors and Appraiser
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Developer Expenses
Non -Concept Plan
• Developer's overhead including staff costs
• Costs and expenses related to ENA
• Developer's consultants
• Design and engineering associated with product development
• legal counsel
• financial advisors
• arranging financing
• submitting applications for development
• due diligence
• Marketing costs
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Ability to Terminate ENA prior to 3rd Year
• End of 2nd year
• Both parties must reach agreement on Concept Plan/Business Plan
•End of 3rd year
• Draft DDA must be presented to the City Council for consideration
• Expenditures Capped by both Parties
• $1.5m (Shared and Non -Shared)
• Limit on Damages for Breach
• SZso,000
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