The Effect of Athletic Stadiums on Communities, with a Focus on Housing" (2016)
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Seller Concessions - New York State Bar Association Clarifies Ethics Opinion Real Estate In-Depth April, 2010 by Edward I
Seller Concessions - New York State Bar Association Clarifies Ethics Opinion Real Estate In-Depth April, 2010 By Edward I. Sumber, Board Counsel On December 15, 2009, an informal response was given by the New York State Bar Association’s Committee on Professional Ethics (Inquiry No. 43-09) in which the State Bar Association clarified circumstances in which a lawyer may ethically participate in a residential real estate transaction, when the Seller has agreed to increase the sales price “in an amount equivalent to the amount of the Seller’s concession”. This excellent response by Committee Chair, Roy D. Simon, will be helpful to many lawyers who have avoided any transaction involving a gross up of a contract price with an equivalent Seller concession. A "seller's concession" is simply a credit to be given to the purchasers at closing often applied to closing costs, repairs or other expenses of the purchaser. When it is a genuine credit, no gross-up of the transaction is applicable. For example, a Seller may agree to provide a seller's concession because the inspection report reveals that the roof requires replacement. The seller's concession referred to in the Bar Association opinion is one which is identical in amount to the gross-up of the purchase price and is intended to enable the purchasers to obtain greater financing for the transaction. The Seller continues to receive the same true sales price as was originally negotiated. Opinion 817 – 11/2/2007 In 2007, the New York State Bar Association’s Committee on Professional Ethics issued a formal Opinion (817) in which it essentially stated that participation by a lawyer in a real estate transaction that includes a “seller’s concession” with a “grossed up” sales price is prohibited unless: [A] The transaction is entirely lawful; [B] The gross up is disclosed in the transaction documents; and [C] No parties are misled to their detriment. -
HPTE Summary of Concession Agreement
SUMMARY OF CERTAIN PROVISIONS OF THE CONCESSION AGREEMENT January 24, 2014 1. General Rights and Obligations of the Concessionaire 1.1 The Concessionaire has agreed, as and when required by the Concession Agreement, to do the following: (a) The Phase 2 Work, which is comprised of the following: (i) Phase 2 Construction Work, which means all of the works (including design, construction, testing, defect rectification and works necessary for obtaining access to the Site) to be undertaken in accordance with the Concessionaire's Phase 2 Construction Work Proposals in order to fulfill the Phase 2 Construction Work Requirements set out in Schedule 5 to the Concession Agreement. This includes: (1) Constructing the Phase 2 Managed Lanes; (2) Reconstructing the Phase 2 GP Lanes; (3) The I-25 Initial Work Package, which is a package of work intended to address known deficiencies in the I-25 Bridge Decks with a view to protecting the structures below those decks; (4) Designing and constructing other improvements to the Phase 2 Corridor, including sound and retaining walls, a bikeway, dynamic messaging signs and intelligent transportation system improvements; and (ii) Installing and commissioning the Phase 2 ETCS. The Phase 2 Work includes the BRT elements referred to in the body of this Official Statement. (b) The Services, which means the operation, maintenance, and tolling of the Managed Lanes and US 36 GP Lanes, through the creation and implementation of Operations Management Plans, Operations Maintenance Plans, Safety Plans, and Communication and Marketing Plans (all to be approved by HPTE) to ensure that: (i) The Managed Lanes are available as required by the Concession Agreement; 1 \DE - 038248/000001 - 677443 v2 (ii) The Concessionaire is maintaining the design intention of the Maintained Elements to achieve their full working life; and (iii) The Maintained Elements are handed back to HPTE on the Expiration Date in a condition complying with the requirements of the Concession Agreement. -
Calculation of Owner-Occupied Dwelling Services In
Calculation of Owner-Occupied Dwelling Services in Georgia Abstract Output of owner-occupied dwellings (OOD) is included within the production boundary according to the System of National Accounts. Different methods may be selected for measuring OOD services due to housing market development level. The paper presents estimation of services produced by OODs based on a User Cost Method, which replaced a self-assessment method in 2019 year in the National Accounts of Georgia during the general revision of time series. Key words: Owner-Occupied Dwellings, Imputed rent, User Cost Method Author: Levan Karsaulidze – Head of National Accounts Department, National Statistics Office of Georgia Introduction Imputed rents, representing services produced by owner-occupied dwellings (OOD), has always been included within the production boundary of National Account and are part of the official GDP estimates of Georgia as well. In 2019 transition to the SNA 2008 was implemented1 in the National Accounts of Georgia from the SNA 1993, accompanied with a general revision of time series. Along with other major changes related to the newly adopted methodology, user-cost method was implemented for measuring imputed rents for owner occupied houses, while self-assessment method was used until 2019 year. The paper describes a methodological background and detailed calculation steps for measuring imputed rents of OODs in Georgia, based on the user-cost method, briefly summarizes widely used approaches for estimating services of OODs and provides arguments for adopting the use-cost method for the country. Final results are presented in the last part of the paper. 1. Methodological Framework Methodology for measuring imputed rents of owner-occupied dwellings differs by country based on a rental market development level. -
Residential Area Plan
CHAPTER 6 RESIDENTIAL AREA PLAN Brentwood’s residential neighborhoods are one of the most The Objectives identified in the Residential Area Plan are significant contributors to its unique character and identity . intended to: Throughout the planning process residents expressed their vision and concerns for the City’s residential areas . The Res- • Maintain Brentwood’s character and identity idential Area Plan builds on public input and the future Land • Ensure quality housing stock remains a staple of the Use & Development Plan to provide policies and recommen- community dations as well as further define the type and location of each • Maintain the optimal balance of housing types within the residential land use . The location of each residential land use community is illustrated in the Residential Area Plan . • Ensure compatibility between the City’s commercial areas and its residential neighborhoods • Ensure compatibility between infill and existing residential development • Encourage a diversity of housing types, sizes and prices 60 Comprehensive Plan | Brentwood RESIDENTIAL LAND USE PLAN 170 RICHMOND HEIGHTS 64 40 EAGER RD 64 40 LADUE BRENTWOOD Wrenwood Ln FOREST Middlesex Dr Middlesex CONDOMINIUMS THE VILLAS AT BRENTWOOD STRASSNER DR HANLEY STATION Pine Ave MCKNIGHT RD MCKNIGHT Sonora Ave HIGH SCHOOL DR SCHOOL HIGH MEMORIAL PARK BRENTWOOD MAPLEWOOD Saint Clair Ave Clair Saint Park Ridge Ave Ridge Park BRENTWOOD POLICE MIDDLE & Bridgeport Ave DEPARTMENT HIGH Hanley Industrial Ct MT. CALVARY White Ave LUTHERAN PRESCHOOL Rosalie Ave MCGRATH Harrison Ave CITY ELEMENTARY HALL BROUGHTON PARK LITZSINGER RD Eulalie Ave BRENTWOOD FIRE DEPARTMENT MARK TWAIN ELEMENTARY HANLEYRD Annalee Ave Dorothy Ave Kentland Dr Joseph Ave OAK Bremerton Rd ROGERS TREE ROCK HILL Madge Ave BRENTWOODBLVD PARKWAY PARK Powell Ave ST. -
6. Analysis of Constraints to Housing
CITY OF OAKLAND HOUSING ELEMENT 2015- 2023 6. ANALYSIS OF CONSTRAINTS TO HOUSING A. GOVERNMENTAL CONSTRAINTS Governmental policies and regulations can have both positive and negative effects on the availability and affordability of housing and supportive services. This chapter of the Housing Element describes the policies and strategies that provide incentives for housing in Oakland that have resulted in significant contributions to the City’s housing stock. This chapter also analyzes City policies and regulations that could potentially constrain the City’s abilities to achieve its housing objectives. Constraints to housing can include land use controls, development standards, infrastructure requirements, residential development fees, and development approval processes, along with non-governmental constraints such as financing. A brief discussion of the City’s policy and regulatory context is presented below. Since 1998, the City of Oakland has undertaken actions to reduce the impact of local government regulations and fees on the cost and availability of housing. Beginning with the General Plan update in 1998, the City has: • increased residential densities, • created new mixed-use housing opportunities along major transportation corridors and in the downtown, • reduced open space requirements in high density residential zones in the Downtown and in the Transit Oriented Development Zone (S-15), • streamlined the environmental review process for downtown projects, • adopted a Density Bonus Ordinance, • adopted a secondary unit ordinance and streamlined the process for approval, • created new fast-track and streamlined permit processes, and • adopted Standard Conditions of Approval to, in part, streamline the CEQA review process. Land Use Policies and Regulations Discretionary land use control in Oakland is exercised by the Planning Commission and the City Council, and administered by the Planning and Building Department, Bureau of Planning. -
Appendix D-1 Master Concession Agreement
SUTHERLAND ASBILL & BRENNAN LLP DRAFT DATED: JULY 15, 2014 MASTER CONCESSION AGREEMENT FOR THE LEASING AND DEVELOPMENT OF STUDENT HOUSING (PHASE I) Between THE BOARD OF REGENTS OF THE UNIVERSITY SYSTEM OF GEORGIA and CONCESSIONAIRE a [State] [entity] Dated November [___], 2014 TABLE OF CONTENTS Page ARTICLE I. DEFINITIONS AND INTERPRETATION .........................................................2 Section 1.1 Definitions....................................................................................................2 Section 1.2 General Rules of Construction .....................................................................7 ARTICLE II. TERM ...................................................................................................................8 Section 2.1 Term .............................................................................................................8 Section 2.2 Return of Premises .......................................................................................8 Section 2.3 Early Termination ........................................................................................8 ARTICLE III. CONTINUED OPERATIONS PERIOD; TURNOVER OF THE PROJECTS ...........................................................................................................9 Section 3.1 Continued Operations Period .......................................................................9 Section 3.2 Turnover of Operations ..............................................................................10 Section 3.3 Pre-Concession -
The Battle of Gentrification Vs. Centrification: the Role of Nonprofits
University of Washington Tacoma UW Tacoma Digital Commons MAIS Projects and Theses School of Interdisciplinary Arts and Sciences Spring 6-14-2017 The aB ttle of Gentrification vs. Centrification: The role of nonprofits William Towey University of Washington - Tacoma Campus, [email protected] Follow this and additional works at: https://digitalcommons.tacoma.uw.edu/ias_masters Recommended Citation Towey, William, "The aB ttle of Gentrification vs. Centrification: The or le of nonprofits" (2017). MAIS Projects and Theses. 51. https://digitalcommons.tacoma.uw.edu/ias_masters/51 This Open Access (no embargo, no restriction) is brought to you for free and open access by the School of Interdisciplinary Arts and Sciences at UW Tacoma Digital Commons. It has been accepted for inclusion in MAIS Projects and Theses by an authorized administrator of UW Tacoma Digital Commons. The Battle of Gentrification vs. Centrification: The role of nonprofits William Towey A thesis submitted in partial fulfillment of the requirements for the degree of Master of Arts in Interdisciplinary Studies University of Washington 2017 Committee: Ruth Bernstein Charles Williams Jane Compson Program Authorized to Offer Degree: Interdisciplinary Arts and Sciences ProQuest Number:10287372 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a complete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. ProQuest 10287372 Published by ProQuest LLC ( 2017). Copyright of the Dissertation is held by the Author. All rights reserved. -
Public-Private Partnerships: Evolution and Maturity
2016 Engineering & Construction Conference June 15–17, 2016 The Westin Austin Downtown Austin, Texas Public-Private Partnerships: Evolution and Maturity Micah Bible Lucian Spatoliatore Senior Manager, M&A Transaction Partner, M&A Transaction Services Services Deloitte & Touche LLP Deloitte Tax LLP Todd Wilson Jim Ziglar, Jr. Managing Director, M&A Senior Manager Transaction Services Deloitte Transactions and Deloitte & Touche LLP Business Analytics LLP 9:45 – 10:45 a.m. Contents Overview of the Market for U.S. Public-Private Partnerships (P3s) Potential Tax Implications for Companies Investing In P3s Update on Accounting and Financial Reporting Q&A Session Overview of US Public- Private Partnerships (PPPs or P3s) PPP Definition Public-private partnerships (“PPP”s or “P3”s) are contractual relationships in which the public and private sector agree to share the risks and rewards associated with a public asset. There are many types of PPP structures, but most share the following characteristics: • Long-term contractual arrangement with some regulatory element • Not a full legal asset sale • Designed to secure value or control costs for the public sector • Private sector contractor accepts risks and responsibility for (some or all of) design, construction, financing, maintenance and operations • Public sector retains strategic control over service delivery, may retain certain risks that it is able to handle more efficiently than the private sector, and either cedes revenue generated from asset or makes payments for performance • Payment to the private sector either comes directly from the project (revenue risk), or is a performance-based payment from the government (availability payment) Range of Project Delivery / Procurement Models Traditional Approach, PPPs, and Asset Sale A PPP is a contractual relationship in which the public and private sector agree to share the risks and rewards associated with a public asset. -
Concession Laws Assessment 2007/8
EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT CONCESSION LAWS ASSESSMENT 2007/8 COVER ANALYSIS REPORT FINAL REPORT JULY 2008 INTRODUCTION Gide Loyrette Nouel ("GLN"/ "the Consultant")1 has been selected by the European Bank for Reconstruction and Development ("EBRD")2 to provide it with an evaluation of concession laws and legal framework applicable to public private partnership (PPP) in each of its countries of operations benchmarked against best international practice, in particular the UNCITRAL Legislative Guide on Privately Financed Infrastructure Projects adopted in 2000 (the "PFI Guide"). The PFI Guide is intended to be used by national authorities and legislative bodies when preparing new laws or reviewing the adequacy of existing laws and regulations. The 2007/8 concession laws assessment (the "Project") is part of the EBRD's efforts to improve the legal environment in its countries of operations. Through the Project, the EBRD aims to encourage, influence and provide guidance to policy and law makers, while developing the concessions and PPP related legal reform in the region. In addition to concession laws assessment the EBRD has undertaken similar evaluations in secured transactions, corporate governance, bankruptcy and securities markets. EBRD sector assessment projects concern legal areas that the EBRD considers essential for the investment climate and private sector development. The aim is to compare the legislation applicable in the above-mentioned areas to international standards and, in so doing, identify the reforms needed. The projects place an emphasis on the written legislation ("law on the books"), whereas its application (“effectiveness”) is measured by the use of other tools3. The purpose of this report is to present and analyse concession assessments results as well as the evolution from the past assessments. -
Rails to Real Estate Development Patterns Along
Rails to Real Estate Development Patterns along Three New Transit Lines March 2011 About This Study Rails to Real Estate was prepared by the Center for Transit-Oriented Development (CTOD). The CTOD is the only national nonprofit effort dedicated to providing best practices, research and tools to support market- based development in pedestrian-friendly communities near public transportation. We are a partnership of two national nonprofit organizations – Reconnecting America and the Center for Neighborhood Technology – and a research and consulting firm, Strategic Economics. Together, we work at the intersection of transportation planning, regional planning, climate change and sustainability, affordability, economic development, real estate and investment. Our goal is to help create neighborhoods where young and old, rich and poor, can live comfortably and prosper, with affordable and healthy lifestyle choices and ample and easy access to opportunity for all. Report Authors This report was prepared by Nadine Fogarty and Mason Austin, staff of Strategic Economics and CTOD. Additional support and assistance was provided by Eli Popuch, Dena Belzer, Jeff Wood, Abigail Thorne-Lyman, Allison Nemirow and Melissa Higbee. Acknowledgements The Center for Transit-Oriented Development would like to thank the Federal Transit Administration. The authors are also grateful to several persons who assisted with data collection and participated in interviews, including: Bill Sirois, Denver Regional Transit District; Catherine Cox-Blair, Reconnecting America; Caryn Wenzara, City of Denver; Frank Cannon, Continuum Partners, LLC; Gideon Berger, Urban Land Institute/Rose Center; Karen Good, City of Denver; Kent Main, City of Charlotte; Loretta Daniel, City of Aurora; Mark Fabel, McGough; Mark Garner, City of Minneapolis; Michael Lander, Lander Group; Norm Bjornnes, Oaks Properties LLC; Paul Mogush, City of Minneapolis; Peter Q. -
Seller's Concession" and Iigrossed Up" Sale Price
WESTCHESTER NEW YORK CITY 800 Westchester Ave 888 Seventh Ave. Ste.300 Suite S340 New York, NY 10106 Rye Brook, NY 10573 800-281-TITLE (8485) Tel: (914) 381-6700 Tel: (212) 432-3272 Fax:(914) 381-1313 Fax: 800-FAX-9396 http://www.judicialtitle.com Seller’s Concession – Danger to the Legal Profession? January 7, 2008 In 2006 a New Jersey Ethics Opinion disciplined the Buyer’s and Seller’s attorneys for participating in a real estate transaction which had a “Seller’s Concession” built into the purchase price. Despite the fact that full disclosure was made to the originating bank, the NJ Committee on Professional Ethics held that a lender acquiring the loan in the secondary market could be deceived. See N.J. Opinion 710. New York has now (11-2-07) issued a similar opinion. See Opinion 817. “Participation in residential real estate transactions that include a “seller’s concession” and “grossed up” sales price is prohibited unless the transaction is entirely lawful, the gross-up is disclosed in the transaction documents, and no parties are misled to their detriment.” NY Opinion 817. There is much room for interpretation in the opinion. What is meant by transaction documents? Must the deed contain a recital concerning the concession so that there is record notice? Would a bank relying on an appraisal, which, in turn, relied on a grossed-up purchase price of an adjoining property, be considered as a party misled to their detriment? What has always been a slippery slope is now a sheet of ice. In a market looking for solutions this could be a serious roadblock. -
On the Waterfront
PORTFOLIO Miami is undergoing a big bounce-back from the O N THE 2008 property crash. This time, developers are thinking on a grander scale, aiming to create a truly cosmopolitan city beyond beach chic and bling. WATERFRONT STORY SOPHIE KALKREUTH 70 THE PEAK THE PEAK 71 PORTFOLIO • PROPERTY riving along US Route about 100 new condo towers under 1 in the early evening, construction, many of them luxury Miami’s skyline rises towers with units priced upwards of above the flat land, its US$30 million. concrete and steel- The most coveted area among Dwrapped towers lit by the orange well-heeled buyers continues to be glow of a tropical sunset. To the Miami Beach, the slender barrier east, a stretch of powder white sand island between Biscayne Bay and meets a long sweep of the turquoise the Atlantic. Last year, a Miami sea, and to the west, the fading light Beach apartment sold for US$34 leads to the Everglades swamp. million. The record-breaking sale In Miami Beach, neon signs glow was for two triplex penthouses against the pastel facades of Art totalling 16,271 square feet across Deco buildings and Ferraris hum three levels at The Residences along Ocean Drive where tourists at Miami Beach Edition, a new gather for evening revelry in beach John Pawson-designed hotel- couture and flip-flops. condominium project. A US$60 This is a city of juxtapositions. million duplex penthouse is also It is a pre-eminent beach reportedly under contract at Faena resort that pulses with cultural House on Miami Beach, though dynamism thanks to an influx the sale has not yet closed.