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HomeMy WebLinkAbout07-200 Resolution No. 07-200 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ECONOMIC RESEARCH ASSOCIATES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Olufemi Folarin,City Manager,and Diane Robertson,City Clerk,be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Economic Research Associates for professional services in connection with an engineering and land management plan for development between Grove Avenue and the Fox River,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: August 8, 2007 Adopted: August 8, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk AGREEMENT THIS AGREEMENT is made and entered into this 1'4 day of , 2007, by and between the CITY OF ELGIN, an Illinois m icipal corporation (hereinafter referred to as "CITY" ) and ECONOMICS RESEARCH ASSOCIATES, a/k/a ERA, a corporation authorized to do business in the State of Illinois (hereinafter referred to as "CONSULTANT" ) . WHEREAS, the CITY desires to engage the CONSULTANT to furnish certain professional services in connection with a real estate market, financial, and fiscal impact assessment related to the potential residential redevelopment located west of Grove Avenue, north of Ann Street, east of the Fox River and south of Jefferson, in Elgin, Illinois (hereinafter referred to as the PROJECT) ; and WHEREAS, the CONSULTANT represents that it is in compliance with Illinois Statutes relating to professional registration of individuals and has the necessary expertise and experience to furnish such services upon the terms and conditions set forth herein below. NOW, THEREFORE, it is hereby agreed by and between the CITY and the CONSULTANT that the CITY does hereby retain the CONSULTANT for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged to provide the services to the CITY in the matters involved in the PROJECT as described herein, subject to the following terms and conditions and stipulations, to-wit : 1. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Assistant City Manager of the CITY, herein after referred to as the "DIRECTOR" . B . CONSULTANT shall provide to the CITY a real estate market, financial and fiscal impact assessment related to the PROJECT. A detailed Scope of Services being CONSULTANT' s proposal for downtown market and financial assessment dated July 6, 2007, ERA Proposal No. 48293 is attached hereto as Attachment "A" . 2 . SCHEDULE The order of the tasks for the PROJECT to be completed by the CONSULTANT is set forth in Attachment "A" under the Timing and Budget section. CONSULTANT shall commence the services to be provided pursuant to this Agreement upon the entry and execution of this Agreement and shall proceed to complete such services in as timely a fashion as is reasonably practicable. 3 . WORK PRODUCTS All work products prepared by the CONSULTANT pursuant hereto including, but not limited to, reports, designs, calculations, work drawings, studies, photographs, models and recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the DIRECTOR provided, however, that the CONSULTANT may retain copies of such work products for its records . Such work products are not intended or represented to be suitable for reuse by the CITY on any extension to the PROJECT or on any other project, and such reuse shall be at the sole risk of the CITY without liability or legal exposure to the CONSULTANT. 4 . PAYMENTS TO THE CONSULTANT A. The CITY shall reimburse the CONSULTANT for services under this Agreement the total amount of Forty-Eight Thousand Dollars ($48, 000) regardless of the actual costs incurred by the CONSULTANT unless substantial modifications to the PROJECT are authorized in writing and approved by way of amendment to this Agreement by the City Council . B. The CITY shall make periodic payments to the CONSULTANT based upon actual progress within thirty (30) days after receipt and approval of an invoice . Said periodic payments to the CONSULTANT shall not exceed the amount shown for the various tasks in the Timing and Budget section of Attachment "A" , and full payment for each task shall not be made until the task is completed and accepted by the Director. C. For outside services provided by other firms or consultants, if any, the CITY shall pay the CONSULTANT the invoice fee to the CONSULTANT, which such invoice fees shall constitute and be construed as inclusive with and a portion of the aforementioned $48, 000 not-to-exceed fee . D. All reimbursable expenses shall be itemized and reimbursed to the CONSULTANT; provided, however, that such reimbursable expenses shall not exceed $2 , 000 . Reimbursable expenses shall be those expenses reasonably arising out of or in connection with CONSULTANT' s work on the PROJECT which are not fees and include such matters as travel costs, report reproduction costs, express delivery charges, research data and other customary expenses related to the completion of the work. All expenses will be billed at cost, with no mark-ups . Such reimbursable expenses not to exceed the total amount of $2, 000 shall be in addition to the aforementioned $48, 000 not-to-exceed fee . - 2 - 5. INVOICES A. The CONSULTANT shall submit invoices in a format approved by the CITY. Progress reports will be included with all payment requests . B. The CONSULTANT shall maintain records showing actual time devoted and cost incurred. The CONSULTANT shall permit the authorized representative of the CITY to inspect and audit all data and records of the CONSULTANT for work done under this Agreement . The CONSULTANT shall make these records available at reasonable times during the Agreement period, and for a year after termination of this Agreement . 6 . TERMINATION OF AGREEMENT Notwithstanding any other provision hereof, the CITY may terminate this Agreement at any time upon fifteen (15) days prior written notice to the CONSULTANT. In the event that this Agreement is so terminated, the CONSULTANT shall be paid for services actually performed and reimbursable expenses actually incurred prior to termination, except that reimbursement shall not exceed the task amounts set forth under Paragraph 4 above. 7 . TERM This Agreement shall, unless terminated for cause or pursuant to Section 6 , be deemed concluded on the date the CITY determines that all of the CONSULTANT' s work under this agreement is completed. A determination of completion shall not constitute a waiver of any rights or claims which the CITY may have or thereafter acquire with respect to any term or provision of the Agreement . 8 . NOTICE OF CLAIM If the CONSULTANT wishes to make a claim for additional compensation as a result of action taken by the CITY, the CONSULTANT shall give written notice of his claim within 15 days after occurrence of such action. No claim for additional compensation shall be valid unless so made . Any changes in the CONSULTANT ' s fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the CONSULTANT. Regardless of the decision of the DIRECTOR relative to a claim submitted by the CONSULTANT, all work required under this Agreement as determined by the DIRECTOR shall proceed without interruption. 9. BREACH OF CONTRACT If either party violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default, and the other party has the right to - 3 - seek such administrative, contractual or legal remedies as may be suitable to the violation or breach; and, in addition, if either party, by reason of any default, fails within fifteen (15) days after notice thereof by the other party to comply with the conditions of the Agreement, the other party may terminate this Agreement . 10. INDEMNIFICATION To the fullest extent permitted by law, CONSULTANT agrees to and shall indemnify, defend and hold harmless the CITY, its officers, employees, agents, boards and commissions from and against any and all claims, suits, judgments, costs, attorneys fees, damages or other relief, including but not limited to workers compensation claims, in any way resulting from or arising out of negligent actions or omissions of the CONSULTANT in connection herewith, including negligence or omissions of employees or agents of the CONSULTANT arising out of the performance of this Agreement . In the event of any action against the CITY, its officers, employees, agents, boards or commissions, covered by the foregoing duty to indemnify, defend and hold harmless such action shall be defended by legal counsel of the CITY ' s choosing. The provisions of this paragraph shall survive any expiration and/or termination of this agreement . 11. NO PERSONAL LIABILITY No official, director, officer, agent or employee of the CITY shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement . 12 . INSURANCE A. Comprehensive Liability. The CONSULTANT shall provide, pay for and maintain in effect, during the term of this Agreement, a policy of comprehensive general liability insurance with limits of at least $1, 000, 000 aggregate for bodily injury and $1, 000, 000 aggregate for property damage. The CONSULTANT shall deliver to the DIRECTOR a Certification of Insurance naming the CITY as additional insured. The policy shall not be modified or terminated without thirty (30) days prior written notice to the DIRECTOR. The Certificate of Insurance which shall include Contractual obligation assumed by the CONSULTANT under Article 10 entitled "Indemnification" shall be provided. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs - 4 - afforded to the CITY. There shall be no endorsement or modification of this insurance to make it excess over other available insurance, alternatively, if the insurance states that it is excess or prorated, it shall be endorsed to be primary with respect to the CITY. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance covering all owned, non- owned and hired motor vehicles with limits of not less than $500 , 000 per occurrence for damage to property. C. Combined Single Limit Policy. The requirements for insurance coverage for the general liability and auto exposures may be met with a combined single limit of $1, 000, 000 per occurrence subject to a $1, 000, 000 aggregate. D. Professional Liability. The CONSULTANT shall carry CONSULTANTS ' Professional Liability Insurance Covering claims resulting from error, omissions or negligent acts with a combined single limit of not less than $1, 000, 000 per occurrence . A Certificate of Insurance shall be submitted to the DIRECTOR as evidence of insurance protection. The policy shall not be modified or terminated without thirty (30) days prior written notice to the DIRECTOR. 13 . CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES, PROCEDURES AND SAFETY The CONSULTANT shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the construction, unless specifically identified in the Scope of Services . 14 . NONDISCRIMINATION In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, marital status, of the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification, and this requirement shall apply to, but not be limited to, the following: employment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship . No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, national origin, age except minimum age and retirement provisions, marital status or the presence - 5 - of any sensory, mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension, in whole or in part, of the Agreement by the CITY. 15 . ASSIGNMENT AND SUCCESSORS This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto; provided, however, that no assignment shall be made without the prior written consent of the CITY. 16 . DELEGATIONS AND SUBCONTRACTORS Any assignment, delegation or subcontracting shall be subject to all the terms, conditions and other provisions of this Agreement and the CONSULTANT shall remain liable to the CITY with respect to each and every item, condition and other provision hereof to the same extent that the CONSULTANT would have been obligated if it had done the work itself and no assignment, delegation or subcontract had been made . Any proposed subcontractor shall require the CITY' s advanced written approval . 17 . NO CO-PARTNERSHIP OR AGENCY This agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto. 18 . SEVERABILITY The parties intend and agreed that, if any paragraph, sub- paragraph, phrase, clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect . 19 . HEADINGS The headings of the several paragraphs of this Agreement are inserted only as a matter of convenience and for reference and in no way are they intended to define, limit or describe the scope of intent of any provision of this Agreement, nor shall they be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof . 20. MODIFICATION OR AMENDMENT This Agreement and its attachments constitutes the entire Agreement of the parties on the subject matter hereof and may not be changed, modified, discharged or extended except by - 6 - written amendment duly executed by the parties . Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof, or change order as herein provided. 21. APPLICABLE LAW This Agreement shall be deemed to have been made in, and shall be construed in accordance with the laws of the State of Illinois . Venue for the resolution of any disputes or the enforcement of any rights pursuant to this agreement shall be in the Circuit Court of Kane County, Illinois . 22 . NEWS RELEASES The CONSULTANT may not issue any news releases without prior approval from the DIRECTOR, nor will the CONSULTANT make public proposals developed under this Agreement without prior written approval from the DIRECTOR prior to said documentation becoming matters of public record. 23 . COOPERATION WITH OTHER CONSULTANTS The CONSULTANT shall cooperate with any other consultants in the CITY' s employ or any work associated with the PROJECT. 24 . INTERFERENCE WITH PUBLIC CONTRACTING The CONSULTANT certifies hereby that it is not barred from bidding on this contract as a result of a violation of 720 ILCS 5/33E et seq. or any similar state or federal statute regarding bid rigging. 25 . SEXUAL HARASSMENT As a condition of this contract, the CONSULTANT shall have written sexual harassment policies that include, at a minimum, the following information: A. the illegality of sexual harassment ; B. the definition of sexual harassment under state law; C. a description of sexual harassment , utilizing examples; D. the vendor' s internal complaint process including penalties; E. the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights, and the Illinois Human Rights Commission; - 7 - F. directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6- 101 of the Human Rights Act . A copy of the policies shall be provided by CONSULTANT to the Department of Human Rights upon request 775 ILCS 5/2-105 . 26 . WRITTEN COMMUNICATIONS All recommendations and other communications by the CONSULTANT to the DIRECTOR and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The DIRECTOR may also require other recommendations and communications by the CONSULTANT be made or confirmed in writing. 27 . NOTICES All notices, reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail, postage prepaid, addressed as follows : A. As to CITY: Sean R. Stegall Assistant City Manager City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to CONSULTANT: Christopher D. Brewer, Principal Economics Research Associates 20 E . Jackson Boulevard Suite 1200 Chicago, Illinois 60604 28 . COMPLIANCE WITH LAWS Notwithstanding any other provision of this CONTRACT it is expressly agreed and understood that in connection with the performance of this AGREEMENT that the CONSULTANT shall comply with all applicable Federal , State, City and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees . CONSULTANT shall also at its expense secure all permits and licenses, pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for in this AGREEMENT. " - 8 - IN WITNESS WHEREOF, the undersigned have placed their hands and seals upon and executed this Agreement in triplicate as though each copy hereof was an original and that there are no other oral agreements that have not been reduced to writing in this statement . FOR THE CITY: FOR TH NSU Ah ea I I I I 16 (( By �.► By C371 - alter Attest : City Clerk F:\Legal Dept\Agreement\Engineering Agreement-Economics Research Associates.doe - 9 - ERA Economics Research Associates Proposal for: Downtown Market and Financial Assessment Submitted to: City of Elgin Submitted by: Economics Research Associates July 6, 2007 ERA Proposal No. 48293 20 East Jackson Boulevard, Suite 1200 Chicago, Illinois 60604 312.427.3855 FAX 312.427.3660 www.econres.com Los Angeles San Francisco San Diego Chicago Washington DC London New York = 4 ERA July 6,2007 Mr. Sean Stegall Assistant City Manager City of Elgin , Mr. Stegall, Economics Research Associates (ERA) is pleased respond to your request for a proposal for real estate market, financial, and fiscal impact assessment related to the potential development of several infill parcels in and around downtown Elgin. The attached scope of services describes ERA's proposed approach to this complex assignment, along with related credentials highlighting similar work around the country in complex urban environments. In considering ERA for this assignment,you should note the following: • Since 1958, ERA has become one of the preeminent real estate consulting firms in the country, supporting offices in six US cities (and London), with annual sales approaching $20 million. The firm's extensive experience in real estate development allows it to be a non-biased intermediary between public and private sector players in a real estate transaction. • ERA has been involved in many high profile market and financial studies for public and private clients in Chicago and across the country. Our attached qualifications highlight local project work in Tinley Park, Wilmette, and Oak Park, as well as national projects completed in Atlanta, Washington, D.C., New York, and other locations. • ERA's staffing commitment for this project will include Patrick Phillips, ERA's president. Since joining ERA in 1991, He has been involved in several significant urban infill mixed use projects across the country, including redevelopment of the Hudson Yards and the World Trade Center in New York City, and Atlantic Station in Atlanta. Mr. Phillips will provide oversight of the financial analysis. The attached proposal summarizes ERA's approach to this assignment, along with our qualifications and resumes for key staff. We thank you for permitting ERA to propose on this potential project and look forward to having an opportunity to review it with you in more detail at your convenience. Sincerely, Chris Brewer Principal Economics Research Associates 20 East Jackson Boulevard, Suite 1200 Chicago, Illinois 60604 312.427.3855 FAX 312.427.3660 www.econres.com Los Angeles San Francisco San Diego Chicago Washington DC New York London a � ERA , Proposed Scope of Services Task 1: Downtown Market Perspective ERA will evaluate the real estate market and demographic context for downtown Elgin, focusing on trends relating to downtown residential development, as well as retail and office development. The market analysis approach is intended to identify and develop core assumptions that will shape the project financial and fiscal impact analysis. Work efforts will include: • Planning: Interviews with city planning and development staff to understand specific details about redevelopment parcels under study, including parcel size, zoning, allowable densities, parking requirements,and related considerations. ERA • Demographics: Analysis of trade area demographics and lifestyle trends for Elgin, focusing on core demographic segments that have a predisposition to favor downtown housing options. Specific demographic benchmarks will be identified and compared with other proximate competitive downtown areas to place Elgin in a proper context. Broader comparative factors will include overall population, household, and income growth, lifestyle segments, educational attainment,and age factors. • Residential Market—Evaluation of current urban housing options in the community,noting unit counts, sales prices, amenities, and market share in relation to overall housing unit inventories. The approach will include a survey of competitive downtown housing projects in comparable suburban downtown markets around Chicago, to confirm growth factors for unit sizes, sales prices, amenities,parking requirements, and related considerations. • Retail / Entertainment Market — Analysis of current downtown retail, restaurant, and entertainment inventories and vacancy levels, lease rates, and tenants, linkage with land values, and demand implications. The approach will link with existing city efforts to evaluate the downtown retail market, with the goal of identifying incremental demand for retail space in the downtown area. In all cases, the goal will be to identify core benchmarks for real estate market performance that will be applied to the project pro forma assessment in the next phase. Key benchmarks to be identified will include: • Residential unit mix and sales prices, absorption implications, unit amenities, and linkage with land values • Retail market lease rates and demand implications Part II — Project Financial Assessment The financial analysis will seek to understand achievable land values for identified sites in the downtown area. The land valuation exercise, otherwise known as a discounted cash flow (DCF) analysis, will be used to evaluate the relationship between several key elements of a real estate development program: • Development density,mix of uses,and parking provision • Development phasing,dictated by site and environmental remediation factors Economics Research Associates Page 1 • - s ERA • Development absorption,dictated by broader market forces Es • Development investment requirements(horizontal infrastructure,and vertical construction) • Annual development revenue(sales of residential dwelling units/lease income) • Developer expectations holding period and un-leveraged return on investment. The DCF model incorporates assumptions for phasing, timing, investment costs, and revenues, solving for the level of investment that a developer would be prepared to commit to acquire the site, given a defined un-leveraged rate of return goal, otherwise known as a hurdle rate. In the event that the project is not internally feasible, the approach can incorporate the financial impact of incentives, to judge an appropriate level of public investment in the project. The approach will rely on key assumptions relating to: • Likely developer asset holding periods and expected rates of return in relation to national benchmarks,such as Korpacz Real Estate Investment Surveys. • Assumptions for horizontal infrastructure costs(roads,sewer/water,etc.) • Assumptions for development timing and phasing. While ERA experience will be applied to shape several of these assumptions, additional interviews with local officials will also be conducted to understand downtown planning, zoning, and parking factors. As the financial model is being created, ERA will work with city officials and Land Vision to develop core assumptions that will drive the model,and allow for noted sensitivity analysis: • Unit Mix and Absorption — Absorption of residential and commercial real estate. Specifics in terms of square feet of space, residential units, and related property specific variables will be tested. • Income Assumptions — For rental space (retail and office), lease rates will be evaluated with respect to current market benchmarks. For fee simple property sales (primarily condominiums) ERA will examine price points and amenities, in perspective with regional market expectations. • Operating Expenses — ERA will evaluate national standards (Building Owners and Managers Association, the Institute of Real Estate Management, and the Urban Land Institute) and related in-house sources to develop assumptions for project operating expenses. • Development Costs — Team efforts will lead to estimates for horizontal infrastructure costs and vertical construction costs on a unit basis. ERA will construct a DCF model to test the aforementioned revenue and expense inputs, with the output being anticipated developer returns on private investment as well as public returns on investment, based on noted conclusions from the fiscal impact review. ERA anticipates working closely with city financial staff to discuss key assumptions and aspects of the discounted cash flow model. Part Ill - Project Fiscal Impact Outputs from the pro forma analysis will then be evaluated in terms of their fiscal impact on local taxing jurisdictions. ERA expects that calculations for property taxes and sales taxes will be necessary. Additional economic impacts, possibly relating to project employment, income tax, and related factors can also be estimated. Fiscal impacts will be evaluated over a 10 to 20-year time horizon, to highlight the overall value of the project in relation to possible expectations for public support. The approach builds in time for a final briefing and presentation to city leadership. Economics Research Associates Page 2 ERA Final report ERA will prepare a memorandum report that summarizes the research efforts taken to arrive at noted conclusions. Initial draft copies of the document will be produced in Adobe Acrobat format; a reasonable number of hard copies of the final report will be produced, along with a digital version for publication on web sites,if necessary. . k Economics Research Associates Page 3 ERA Timing, Budget, and Management Timing and Budget The following table summarizes ERA's initial estimate of timing and budget for the proposed work effort. The budget can be adjusted based on conversations with the client. The team is prepared to initiate the project without delay. Task Element Budget Task 1 Downtown Market Perspective $25,000 • Task 2 Financial Analysis $16,000 Task 3 Fiscal Impact Analysis $5,000 Task 4 Final Presentation $2,000 Total $48,000 • The above table does not include reimbursable expenses associated with the proposed approach. Reimbursable expenses will be capped at$2,000. We will endeavor to keep reimbursable expenses as low as possible. Expenses include travel costs, report reproduction costs, express delivery charges, research data and other customary expenses related to the completion of work. All expenses will be billed at cost,with no markups. Management This assignment will be managed by Christopher Brewer, Principal. He will be supported by Patrick Phillips, President. Key Chicago office project managers include Christian Vetter, Senior Associate, and Melissa Mayer,Associate. Resumes are attached. Economics Research Associates Page 4 ERA Firm Experience Introduction ERA is an internationally-recognized consulting firm specializing in all aspects of real estate and land use economics,urban planning and development,commercial recreation feasibility, strategic planning for communities and corporations, and management and marketing services. Since 1958, the firm has completed more than 16,000 assignments for a wide-range of public- and private-sector clients in all 50 states and in 90 foreign countries. Since 1981, ERA has been owned as a California Corporation by its principal consultants. The firm is unique in its distribution of responsibility and ownership. - . Twenty-four of the senior professionals in all offices are shareholders; professional consultant tenure with the firm averages ten years. The firm's portfolio of national and international clients is served from offices in strategic locations, including Los Angeles, San Diego, San Francisco, Chicago, Washington,D.C.,New York City,and London. • Current Local Assignments • Village of Tinley Park—ERA has been working with village officials since 2006 to analyze real estate market conditions relating to the potential development of a significant infill site in the community. As part of the research effort, ERA evaluated retail, office, and residential market trends for Tinley Park and the Southland region,and developed a project financial analysis. • Village of Park Forest—ERA has recently begun an assignment in Park Forest, working with a Chicago-based planning firm to evaluate targeted infill sites in the community for redevelopment. The approach will include assessment of market findings, as well as financial performance of targeted infill projects. • Illinois Medical District— ERA was contracted by the Illinois Medical District to research and forecast market support and potential uses for a 16-acre site in the District. The site is part of a larger District build-out of more than 20 million sq. ft. of space for various uses, and the project team consists of legal, market (ERA), architectural, and engineering elements. The purpose of the project is to identify feasible uses for the site given the District Stakeholders' criteria, solicit proposals from developers for development of and investment in the concept, select a developer team, and finalize negotiations for implementation of the development. This process is ongoing and anticipated to be completed by the end of 2007. Chicago Area Project Experience ERA has worked on numerous high profile projects across the region for public sector clients facing difficult and or expensive choices. The following project examples are noted for what happened (or didn't happen)as a result of ERA's study recommendations. Economics Research Associates Page 5 ERA Colt Building Adaptive Reuse Assessment Oak Park, Illinois Client:City Of Oak Park/HPZS In the summer of 2006, ERA was engaged by the City of Oak Park, through a contract with HPZS (a Chicago-based architect), to assess market and financial aspects of restoring the 75,000-square-foot Colt / Goldberg Building, located in downtown Oak Park, near the intersection of Lake Street and Harlem Avenue. The building had been acquired by the City of Oak Park as part of downtown historic preservation goals. ERA's role in this assessment was to evaluate the local real estate market to understand demand potentials for office, retail, and residential condominium development, assess the current financial performance of the building, and to develop a financial analysis to test the implications of three restoration options for the building. The financial analysis tested three adaptive reuse concepts, each with variations in retail, office, and residential components, with estimates for supportable rents, operating expenses, and total development costs. The model then identified the level of private sector investment that would be tolerated for a specified developer rate of return,with identification of the gap that would require a public sector role to fill. In September of 2006, based on team analysis of the options, city leaders in Oak Park released an RFP to identify developers who could renovate,restore, or otherwise redevelop the Colt Building. The analysis process also clarified city concerns about retail sales leakage to adjacent communities. Mallinckrodt College Residential Adaptive Reuse Assessment Wilmette, Illinois Client:Village of Wilmette/HPZS In March,2002,ERA was engaged as part of the HPZS Team to assess the adaptive reuse potential of an existing 90-year-old educational / institutional building in the north suburban community of Wilmette. The property became a source of serious contention in the community when Loyola University proposed to sell the building and 20-acre site to a developer for redevelopment with high value single family homes. The team assessed two alternative residential reuse options for the building, one being a market rate condominium assessment, and the other being an affordable senior housing project. ERA evaluated local demographics and competing market rate and senior housing projects to provide the architects with key inputs for the adaptive reuse process. Research efforts noted market strength for either market rate housing or affordable senior housing, along with recommended unit sizes, amenities, and price points. As part of the effort, ERA explored existing affordable housing programs in adjacent communities to identify benchmark programs and options. These inputs were used by HPZS to estimate renovation costs for the building. In the final phase of the assessment, ERA related estimated renovation costs to anticipated income from unit sales to arrive at supportable conclusions regarding the feasibility of the project. Based on ERA/HPZS team recommendations, the Village and Park District followed through on plans for a voter referendum, in which the voters of Wilmette decided to acquire the building and related acreage at a cost of more than $20 million from Loyola. Based on the team's analysis, the Village also identified a developer to reuse the building; as of February 2007,this renovation is now in process. Economics Research Associates Page 6 • ERA Downtown Cinema Market Assessment Evanston, Illinois Client:the City of Evanston and AHC Evanston LLC ERA was retained by the City of Evanston and AHC Evanston LLC,to project the demand for art and commercial cinemas in downtown Evanston. The impetus for this research was a proposed in downtown Evanston that would include cinema, as well as retail, entertainment and restaurant functions. ERA examined current and projected forecast populations and household income data, divided by age levels, for the City of Evanston and the surrounding market areas. ERA selected market areas for commercial and art theatres. These trade areas were determined by information on prospective theatres from the client, population density and composition, access issues, and competition from local theatres, including competition from other entertainment options. ERA calculated demand using a visitation model that incorporated demographic information and participation rates. ERA also used a gravity model to estimate relative market share based on location to relative population and competition from current and proposed theatres. ERA's assessment was used to help justify the eventual development of a new mixed-use theater and retail center in downtown Evanston, which has now been operating successfully for more than five years. The program anchor is a 12-screen first run multiplex and a 6-screen fine arts theater component run by Century Theaters,along with supporting retail and restaurant uses. Cinema Demand Estimate for Block 37 Chicago, Illinois Client:The City Of Chicago ERA was asked to evaluate demand potential for constructing theatres at Block 37 in downtown Chicago. The analysis involved a cinema trends overview, a gravity model analysis, attendance projections, and an office market demand analysis. ERA's conclusions, made in the mid-1990's regarding the downtown market's ability to support additional screens, were borne out, with smaller cinemas being forced to close or reposition, replaced by larger multiplex cinemas. The project also highlighted a relevant limit to the downtown market in terms of supportable screens. Moving forward to 2007, it is significant that while block 37 is now finally under construction, cinemas are still not included in the project. Retail Forecast Yorktown Mall Lombard, Illinois Client: Village of Lombard and Yorktown Mall In 2005, ERA provided the owner of the Yorktown Mall with an updated sales and development forecast for the Mall's redevelopment. The study was an update of a previous ERA report. The development of a Lifestyle Center as a component of the larger mall was evaluated within the context of area competition. ERA also reviewed the performance of comparable Lifestyle Centers nationally, as well as the changes in sales performance experienced by the addition of a Lifestyle Center to a traditional mall structure. A key finding was that a mall can achieve greater sales per sq. ft. with a Lifestyle Center, but also that the effect of this addition also raises occupancy and sales throughout the traditional mall structure as well. After estimating penetration rates and forecasting sales, ERA estimated the fiscal impacts that would accrue to the local municipality through increased sales taxes and property values. This information was then used by ERA to estimate the potential for supporting a TIF district to enable the redevelopment efforts. Economics Research Associates Page 7 . 1 E 711 Glenview Naval Air Station Reuse Planning Glenview, Illinois Client: Village Management and Board of Trustees ERA provided advice on call to the Village management and Board of Trustees on specific issues including: DoD / OEA grants programs, base reuse planning options, probable net property yields for private reuses, and potential schedules for reuse planning and release of properties phases. ERA also provided example Records-of-Decision defining land disposition decisions by DoD, and highlighted the need for planning ordinance techniques to clearly define implementation responsibilities of the Village and private developers. ERA's role helped the community begin a long term reuse process, which culminated in the eventual redevelopment of the former naval air station into a new urbanist community called the Glen. National Project Examples The following projects highlight ERA's national experience in dealing with infill redevelopment opportunities in downtown markets, with many projects involving the redevelopment of former brownfield sites. Economics Research Associates Page 8 ERA • World Trade Center Redevelopment Client Reference Mr. Robert Davidson Former Chief Architect 1`3 PANYNJ 4itCurrent Senior Vice President STV, Inc. 225 Park Avenue South New York, NY 10003 ` Y phone: 212. 777.4400 4 , Project Dates . 1992-present . Project Fee $850,000(total) •Daniel Libeskind's World Trade Center Design Study,February 2003 Since 1992,the Port Authority of New York&New Jersey has retained Economics Research Associates(ERA)for a series of retail consulting assignments for the World Trade Center in New York City. In 1992, ERA was retail consultant for a Redevelopment Master Plan for the project, including modification of the Plaza,re- leasing of retail spaces in the Concourse and Plaza Levels,and significant capital investment in the project as a means to retain Class A office status for the 10 million square feet of office space at the WTC. Based on ERA's recommended plan and ongoing tenant leasing advisory services,sales productivity at the WTC's retail component almost doubled to$900 per square foot,the fifth most productive retail center in the United States. In November 2001,the PANYNJ brought ERA into a core consulting team for redevelopment of the WTC site. As retail advisor to the Port Authority, ERA has completed six assignments: Analysis of Corporate and Philanthropic Support for Memorials and Monuments; Retail and Development Advisory Services;Lower Manhattan Retail Market Analysis and WTC Memorial Attendance Projections; Pre- Reconciliation Analysis of Architect Daniel Libeskind's Site Master Plan; Coordination with Silverstein Properties/SOM on Office Development; and PANYNJ Retail Programming for the Reconciliation Master Plan. ERA is currently advising the PANYNJ on future retail implementation after Westfield's decision to withdraw and sell back its leasehold interests to the Port Authority. In addition,ERA is currently serving as a sub consultant to Jones Lang LaSalle to provide creative financing and financial analysis for the World Trade Center. ERA Hudson Yards Redevelopment Client Reference Ms.Ann Weisbrod x � President * Hudson Yards * n ' Development Corporation 225W. 34th Street Suite 1402 New York, NY 10122 phone: 212.971.5611 Project Dates - Start:June 2002 ?' End:June 2005 Project Fee $162,000 ERA, along with Cushman&Wakefield,worked with New York City's EDC to assist in the development planning for the Hudson Yards,a 59-block area on the far west side of Manhattan. The central barriers to the area's revitalization include la lack of transit infrastructure and outmoded zoning. The strategy is a classic"value capture"approach: use incremental public revenues generated by the new development to back bonds issued to finance the required infrastructure investment. ERA's role was to forecast the likely market demand for new offices,housing,hotels, and retail as a result of strategic public investment in transit,open space, and other amenities. ERA also evaluated the impact of various development alternatives on area-wide property valuations and assessments, and projected incremental revenues associated with property tax revenues,zoning-based development fees,and sale of development rights by public transportation agencies. ERA Crystal City Redevelopment Client Reference ;;F ,;;; „`° Mr. Gordon Fraley �' z4°* ` Charles E. Smith, a Division of ,4 4i4i�,1h e"q Vornado Realty Trust ,3 �• � phone: 703.769.8200 4,- 411.4,'= r Project Dates Start: October, 2004 � � Project Fee *4 ,..,,t- 4 _ First Project: $25,000 : ' S ERA West Village Phase II Financial Analysis Durham, North Carolina Client:City of Durham In 2005, ERA was engaged by the City of Durham to analyze the adaptive reuse of a 900,000-sqaure foot complex of former tobacco warehouses called West Village Phase II on the edge of downtown Durham, North Carolina. ERA analyzed the developer's proforma, with the intent of estimating the project's return on investment (internal rate of return or IRR) based on varying levels of public incentive support. ERA's approach built in an overview of the local real estate market, along with basic demographic analysis. In addition, ERA explored other downtown housing markets to understand the competitiveness of downtown locations for housing development. These work efforts fed into the financial analysis, which incorporated a review of developer financial assumptions, interviews with downtown development officials to understand the local context, including current and planned development at American Tobacco, as well as the Phase I component of West Village, and expectations for new supply at other planned/proposed downtown developments, and collection of collection of secondary data regarding market real estate performance, including vacancy, demand drivers, operating expenses, lease rates, and market segments. The approach also reviewed ULI development case studies for adaptive reuse projects,noting use of historic tax credits,with the intent of placing West Village Phase II in a larger context, and assessed benchmark developer returns on investment, assuming both 100% equity investment (un-leveraged) and a combination of debt and equity investment (leveraged). The above steps were used to help develop a preliminary financial analysis of the Phase II project. Based on ERA's analysis, the City moved to approve an agreement with the developer to move the project forward. Heritage Square Financial Analysis Durham,North Carolina Client:City of Durham In 2006, ERA was engaged by the City of Durham to analyze the Heritage Square project developer proforma, with the intent of estimating the project's return on investment (internal rate of return or IRR)based on varying levels of public incentive support, as well as fiscal and economic impact. The proposed mixed use project would cover more than 600,000 square feet of space, with retail, office, and residential uses. ERA's approach built in an overview of the local real estate market, along with basic demographic analysis. In addition, ERA explored other downtown housing markets to understand the competitiveness of downtown locations for housing development. These work efforts fed into the financial analysis, which incorporated a review of developer financial assumptions, interviews with downtown development officials to understand the local context, and collection of collection of secondary data regarding market real estate performance, including vacancy, demand drivers, operating expenses, lease rates, and market segments. The financial analysis incorporated a fiscal and economic impact element, to relate expected public incentive requirements with likely public sector revenue streams, including property taxes and sales taxes. The City is using ERA's analysis to help drive policy decisions regarding appropriate use of public incentives for private development projects. Economics Research Associates Page 12 S ' ERA LTV Steel Site Redevelopment Pittsburgh, Pennsylvania Client: Regional Industrial Development Corporation ERA and Urban Design Associates (UDA) helped create a master development strategy for this 77- acre brownfield site on the Monongahela River. The project, a former steel mill site, is planned as a mixed-use community emphasizing residential development at mixed densities, a waterfront park and trail system, and appropriately scaled commercial development. ERA analyzed market potentials, developed a public-private financing strategy,and assisted in the process of developer recruitment. Reuse of the Atlantic Steel Site Atlanta,Georgia Client:CRB Realty Associates For CRB Realty Associates, one of the two partners spearheading the redevelopment of the Atlantic Steel site adjacent to downtown Atlanta, ERA prepared a plan for a tax increment finance district needed to finance the necessary environmental remediation and infrastructure improvements for the project. Atlantic Steel is a 140-acre, former steel mill located in Midtown Atlanta that has been programmed for over 10 million square feet of office, retail, hotel, and residential development. At the time of the research, the proposed TIF was only the second such district created in Georgia, and the first created for a stand-alone development. As part of the TIF plan,ERA also undertook analyses of the development's economic and fiscal benefits, as well as a review of nationwide best practices in tax allocation/tax-increment financing. This project is now well under way, with over 5 million square feet of space built. http://www.atlanticstation.com/ Narragansett Landing Redevelopment Strategy Providence,Rhode Island Client:City Of Providence ERA was engaged as part of a larger consultant team to examine redevelopment opportunities for Narragansett Landing, a 500+ acre tract of land on the Providence waterfront which has historically been used for a range of industrial, petrochemical, and bulk storage, and other harbor-oriented uses. The ERA role was to develop market-driven redevelopment opportunities for the target area that will create new higher wage employment and expand the local tax base. In the project, ERA identified several market opportunities to support redevelopment, focusing primarily on recent growth of the technology based economy in the Boston area,only 45 miles away from Providence. ERA noted how the support of a research university (MIT in this case) has led to the formation of new businesses in high technology fields, including biomedical research and software development. The research effort has also noted the importance of proactive public policy, specifically in economic development, to enhance redevelopment opportunities. The study highlighted long-term opportunities and vision for the large assemblage of land, while dealing with on-going issues with port consolidation and considerable brownfields remediation requirements. Although the study is about five years old, it continues to serve as a key visioning document for how the waterfront area will evolve in the future. Economics Research Associates Page 13 ERA Additional ERA References Alan DeLisle Director of Economic& Employment Development City of Durham 101 City Hall Plaza 919.560.4965 Village of Tinley Park Scott Niehaus Village Manager, City of Tinley Park 708.444.5000 City of Evanston Cinema Analysis Judy Aiello,Assistant City Manager 847.866.2936 Mallinckrodt College Adaptive Reuse Michael Earl, City Manager,Village of Wilmette 847.853.7501 Economics Research Associates Page 14 ERA Resumes Christopher Brewer, Principal Mr. Brewer has more than 10 years of experience in the economic analysis of real estate and land use issues. His consulting practice focuses on economic and feasibility analysis, strategic planning, and economic planning services for developers, public agencies, financial institutions, and universities. Recent project experience has focused on market and financial assessments for traditional neighborhood developments, town centers, hotels, and related urban real estate categories. Recent retail and commercial assignments include: • For the Town of Ankeny, a market and financial assessment for the 1,000-acre Prairie Trails Master Plan,noting demand potentials for a town center, as well as overall financial performance of the planned traditional neighborhood development. • A market assessment for an approximately 1,200-acre assemblage of public and private property in the City of Lakeland, called Lakeland Green. Analysis efforts included evaluation of residential,retail,office,and hotel demand,absorption,and market potential. • For the Alabama Department of Mental Health / Mental Retardation, Mr. Brewer evaluated highest and best use options for over 5,000 acres of property in Birmingham, Tuscaloosa, and Mobile. The assessment was linked to efforts by the state agency to better manage their resources. • For the City of Providence, Rhode Island, Mr. Brewer conducted a market and financial assessment to examine commercial and residential redevelopment opportunities for Narragansett Landing, a 500+ acre tract of land on the waterfront which has historically been used for a range of industrial,petrochemical and other industrial harbor-oriented uses. • For Hendrix College, located in Conway Arkansas, the market and financial feasibility of an ambitious, mixed-use development program for a 129-acre site adjacent to the existing campus was evaluated. The approach included evaluation of the likely market support for the proposed uses and to recommend pricing to optimize absorption and create long-term value for the developer and the college. • For the University of Oklahoma Foundation, highest and best use options for University North Park, a roughly 500-acre parcel in Norman, Oklahoma were evaluated. The approach included a full assessment of local retail / entertainment, residential, office, and industrial real estate markets, and considered specific implications of revitalization efforts in downtown Oklahoma City and in Norman. • For the City of Sun Prairie, Wisconsin,the fiscal and economic benefits and costs associated with a 1000+ acre development around a new highway interchange was explored. The approach emphasized the impact of retail development, as well as new urbanist style residential development. Mr. Brewer received a Bachelor of Arts in International Relations, Economic Development, and Political Science at Drake University (1991). Graduate studies at the University of New Hampshire (1993) led to a Master of Science in Environmental Economics, Impact Assessment and Natural Resource Monitoring. Prior to joining ERA, Mr. Brewer worked for Thome Consultants, a Washington,D.C.based real estate consulting firm. Economics Research Associates Page 15 t � ERA Christian Vetter, Senior Associate Mr. Vetter is a Senior Associate in ERA's Chicago office. Since joining ERA in July 2003, Mr. Vetter has completed assignments in the area of economic and fiscal impact, real estate market analysis, downtown revitalization, transportation, brownfield redevelopment, recreation and tourism, utilizing and analyzing a variety of data sources and socio-economic and demographic indices. Recent projects include: CUNA Mutual Group, Madison,Wisconsin - Developer Solicitation ERA was retained by CUNA Mutual Group to find a joint venture partner to develop a 63-acre mixed-use site adjacent to the U.W. Research Park and Oakwood Village West Retirement and Health Care Community on the west side of Madison. Mr. Vetter's tasks in this process included the preparation of the RFP Book, identification of RFP recipients, the RFP distribution and assistance to submitters, evaluation of developer submittals, as well as attending meetings and interviews with the finalists and assistance in choosing the final joint venture partner. Plum Creek limber,Various Locations,Wisconsin- Highest and Best Use Assessment ERA was retained by Plum Creek Timber Company to research market characteristics, and identify/ recommend future value driven land use options for multiple sites across Wisconsin. In the process, Mr. Vetter assed demographic and migration trends, adjacent existing and proposed land uses, recreational opportunities and amenities, tourism and visitation trends and analyzed the residential primary and second home real estate market—demand, supply,housing types,prices, lot sizes. State Source, LLC,Tulsa, Oklahoma- Lakefront Resort Development Concept ERA was retained by State Source, L.L.C. for a lakefront residential and resort development. The project site is located northeast of Tulsa, Oklahoma on Skiatook Lake. The mixed-use development occupies 700 acres, including five miles of waterfront on Skiatook Lake. Mr. Vetter's assignment included a market study for each of the development components to define initial priorities, functions, appropriate market niches, and scale. Besides the residential development, the project includes various proposed components, including conference facilities,a marina,a village with restaurants and retail,a lodge with cottages, a championship golf course,and various recreational amenities. YMCA, Des Moines, Iowa-Highest and Best Use Assessment ERA was engaged by the YMCA Des Moines,to assess the highest and best use options for the reuse of a 150,000-sf YMCA property located at the riverfront in downtown Des Moines. Given its riverfront location and the recent increase in value through the ongoing downtown revitalization, Mr. Vetter evaluated uses such as residential, office, hotel and potentially retail/entertainment in direct. The evaluation approach included a demographic assessment of the Des Moines MSA, as well as the analysis and assessment of the office, retail and entertainment, residential and hotel/conference markets. The results were used to generate highest and best use and YMCA strategy conclusions regarding a future redevelopment/use scenario for the site. Education Master's Degree Master of Science Degree in Economic Geography,University Of Augsburg; Augsburg,Germany Bachelor Degree Economics,University Of Augsburg;Augsburg,Germany Economics Research Associates Page 17