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July 2020

Parking spaces

New developments create free parking spaces and years of maintenance costs as sales concessions

In recent months, wealthy buyers looking for security and personal space have flocked to the vacation and single-family home markets across the country, leaving a few new condo developments in the cold.

And for buyers always interested in the vertical life, there has never been a better time to negotiate. But rather than offering blatant discounts, many developers are filling the gap with unusually spectacular concessions, covering things like closing costs and decorating expenses to free up parking spots worth tens of thousands. of dollars.

“We certainly see developers being creative, paying a few years of common charges and taxes, either by giving big discounts or adding storage and parking,” said Stephen Kliegerman, president of Brown Harris Stevens Development Marketing.

Following: The ultimate equipment for working from home: private office suites

“If the sellers don’t concede, there’s just no deal, for the most part,” added Rachel Glazer, New York-based Compass agent. “What I see the most are young professionals taking advantage of the reduced interest rates and also the softer market as an alternative to leasing.”

While many individual sellers simply choose to withdraw their listings from the market until conditions are more favorable, new developments often lack this luxury, with loans that they are required to repay on a specific schedule. and pressure not to lower prices and lower turnover for the rest of the building.

“In quality luxury buildings that have their finances in order and don’t have construction loans, they can resist [the downturn]”said Vickey Barron, a Compass agent in New York.” Others you can get [a net discount] 20% off because they don’t have time. They have financial commitments that are owed, and they need to build momentum.

Following: LA home with ceiling made from tiny skylight listings for $ 25 million

While this phenomenon appears to be most pronounced in New York City, which faced excess new development inventory and sluggish sales even before the pandemic, high increases in other cities are not exempt.

“The condo market has really slowed down. People don’t want to live in multi-family homes, ”said Jill Epstein, agent at Nourmand & Associates in Beverly Hills, California. “We just closed an upscale condo last week and the concession that was offered was some personalization [to the apartment] and a little more flexibility in pricing. In general, I haven’t seen prices drop yet, but when the market adjusts, condos are the first to be affected and the last to recover.

Standard dealerships get super big

Concessions are an integral part of negotiating new developments and are not necessarily a sign of market instability. But in all respects, the current offerings go beyond what is usually offered.

For the developer, the coverage of transfer taxes – which vary between 0.4% and 0.65% for New York State and between 1% and 1.425% for New York City – is now a given in New York. York, said several brokers, many of whom are also now prepared to cover the cost of the so-called state residency tax, which can reach 3.9% of the sale price, as well as mortgage taxes for buyers using financing.

“There are no buyers right now in a new development who will be paying transfer taxes,” said Kobi Lahav, director of sales for Living NY.

Common charges are also more negotiable than usual, especially in areas where building amenities such as gymnasiums and other shared spaces are currently not accessible to residents. While it’s more common to have a year or two of common charges covered by the developer, in today’s climate that number can increase.

Following: Penthouse at the Porsche Tower in Miami for $ 17.5 million

“They want to keep the higher price lens,” said Seth Levin, a broker with Keller Williams New York City. “I heard about a development they were talking about paying for 10 years of common charges. It was for a very high price, tens of millions of dollars. “

Developers can also lower the net price with closing credits, which are not reflected in the recorded sale price but can significantly reduce buyer’s expenses.

“We see [closing credits] in almost all closures, ”Mr. Lahav said. “On a million dollars, you can get a $ 25,000 closing loan. Or let’s say your closing cost is 5% of the purchase price, the way it works is the developer will pay for it. It’s not money in your hand, but you use it to pay your lawyer, pay housing tax, pay for improvements to your apartment. It works just like giving the apartment a discount, it just doesn’t show up on the books.

More specific credits are also offered to buyers interested in covering decorating or moving costs, Ms. Barron said, or, in one case, having the developer agree to pay for two years for the Uber’s rides. Buyer.

Following: Developer unveils first model unit in world’s tallest residential tower

Buyers “take the offer with this list of things that would normally look crazy, but now [developers] say ‘Okay, we’re going to do this or that,’ ”Ms. Barron said. “It’s more and more common, and it’s no longer the exception to the rule.”

Parking garages, storage spaces and other areas already owned by the building are also more negotiable than usual and can add significant value to a transaction without affecting the final sale price.

“It has always been another way for developers to make money on the building, selling storage, rooftop cabins, parking spaces,” Lahav said. “Right now, all of those things are up for grabs. In many cases, the parking spaces that are worth $ 50,000 or $ 60,000, they will now throw them away. These things are sold separately, and when the market recovers in the future, there is nothing to stop you from selling them to your neighbor.

Following: Jon Bon Jovi sells Palm Beach Manse for around $ 20 million

Creative approaches to financing

Low mortgage rates, which averages around 2.87% on Friday mean that the majority of buyers in the market are currently interested in financing, and their loans may become another area of ​​negotiability.

“Sometimes the developer will offer to help them lower their interest rate, paying a point or two on their mortgage to reduce the rate further,” Kliegerman said. “We’ve also seen developers who in the past weren’t open to mortgage contingencies and are now. (Mortgage contingencies allow buyers to opt out of transactions without penalty if they are unable to secure financing.)

Villa Valencia, a development in Coral Gables, Florida, offers to fund the buyer’s 50% down payment at a 0% rate.

Following: A Florida condo that thinks it’s a beach house

“We will finance the deposit at zero cost, with a guarantee against the buyer’s first mortgage [on a primary residence]Said Rishi Kapoor, CEO of Location Ventures, the developer of the project. “It takes that math of thinking, ‘I don’t want to move money. We give them 90 days after the closing date to pay off the mortgage, giving them time to list their home and weather the market uncertainty.

Option-to-buy lease options are also appearing for buyers who are unwilling or unable to make a large down payment but want to lock in a competitively priced sale.

“There are different ways to structure it, some buildings will count the full year’s rent as part of the purchase price,” Ms. Glazer said. “Others will be a part of it. I have a deal we’re working on where the buyer just can’t close for a year because they need to release funds.

Following: To boost sales during lulls in the luxury market, developers are adopting option-to-buy lease programs

The net discount to which it all adds up varies with price, and overall units priced above $ 4 million have more room to negotiate than their cheaper counterparts. Buildings early or late in their sales process are also the most likely to offer big discounts, Ms. Barron said.

“In new developments we were already seeing a typical discount of around 7% [prior to the pandemic], and now it’s probably over 15% with everything in it, ”Mr. Levin said. “If you can get 15-17% off a $ 5-7 million property, you’ve done pretty well.”

He added, “There are nuances, but it’s simple: the developers are suffering right now. But they want to protect their prices and are ready to get creative.

Click to read more luxury development news

This article originally appeared on Global Manor.

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Parking spaces

New developments offer free parking spaces, years of maintenance costs as sales concessions


In recent months, wealthy buyers seeking security and personal space have flocked to vacation and single-family home markets across the country, leaving some new condo developments out in the cold.

And for buyers still interested in vertical living, there’s never been a better time to bargain. But rather than offering overt discounts, many developers are closing the gap with exceptionally dramatic concessions, covering things like closing costs and decorating expenses for free parking spaces worth tens of dollars. thousands of dollars.

“We’re definitely seeing developers being creative, paying a few years of common charges and taxes, either by dramatically reducing or adding storage and parking,” said Stephen Kliegerman, president of Brown Harris Stevens Development Marketing.

Following: The ultimate work-from-home equipment: private office suites

“If sellers don’t cave in, there’s just no deal, for the most part,” added New York-based Compass agent Rachel Glazer. “What I see most are young professionals taking advantage of lower interest rates and also the somewhat softer market, as an alternative to renting.”

While many individual sellers choose to simply pull their listings from the market until conditions are more favourable, new developments often don’t have that luxury, with loans they are required to repay on a specific schedule. and the pressure not to lower prices and a drop in turnover for the rest of the building.

“In quality luxury buildings that have their finances in order and don’t have construction loans, they can survive [the downturn]said Vickey Barron, a Compass agent in New York. “Others you can get [a net discount] 20% because they don’t have the time. They have financial commitments that are due, and they need to build momentum.

Following: LA home with ceiling made from tiny skylights sells for $25 million

While this phenomenon appears to be most pronounced in New York, which faced excess inventory of new developments and sluggish sales even before the pandemic, sharp increases in other cities are not exempt.

“The condominium market has really slowed down. People don’t want to live in multifamily housing,” said Jill Epstein, an agent at Nourmand & Associates in Beverly Hills, Calif. “We just closed a high end condo last week and the concession that was offered was some customization [to the apartment] and a bit more flexibility in pricing. In general, I haven’t seen prices drop yet, but when the market adjusts, condominiums are the first to suffer and the last to recover.


Standard Concessions Get Super Sized

Concessions are an integral part of transactions in new developments and are not necessarily a sign of market instability. But in all respects, the offers currently on offer go beyond what is generally offered.

For the developer, covering transfer taxes, which vary between 0.4% and 0.65% for New York State and between 1% and 1.425% for New York City, is now a matter of course in New York , said several brokers, and many are also ready to do so. to cover the cost of the so-called state mansion tax, which can reach 3.9% of the sale price, as well as mortgage taxes for buyers using financing.

“There is no buyer right now in a new development who is going to pay transfer tax,” said Kobi Lahav, sales manager for Living NY.

Common fees are also more negotiable than usual, especially in areas where building amenities like gymnasiums and other shared spaces are not currently accessible to residents. While it’s more common to get a year or two of common charges covered by the developer, in today’s climate that number may increase.

Following: Penthouse in Miami’s Porsche Tower Lists for $17.5 Million

“They want to keep the higher price optic,” said Seth Levin, broker at Keller Williams in New York. “I heard about a development they were talking about paying 10 years common charges. It was for a very high price, in the tens of millions of dollars.

Developers can also lower the net price with closing credits, which are not reflected in the recorded sale price, but can significantly reduce the buyer’s expenses.

“We see [closing credits] in almost every fence,” Mr. Lahav said. “On a million dollars, you can get a closing credit of $25,000. Or let’s say your closing costs are 5% of the purchase price, the way it works is the developer will pay for it. It’s not money in your hand, but you use it to pay your lawyer, pay the tourist tax, pay for the improvements to your apartment. It works just like giving you a discount on the apartment, it just doesn’t show up in the books.

More specific credits are also offered to buyers interested in covering decorating or moving costs, Ms. Barron said, or in one case, the developer agreeing to pay for two years for the buyer’s Uber rides. .

Following: Developer unveils first model unit in world’s tallest residential tower

Buyers “accept the offer with this list of things that would normally look crazy, but now [developers] say ‘Okay, we’re going to do this or that,'” Ms Barron said. “It is becoming more and more common and is no longer an exception to the rule.”

Parking garages, storage spaces, and other areas already owned by the building are also more negotiable than usual and can add significant value to a transaction without affecting the final sale price.

“It’s always been an additional way for developers to make money from the building, selling storage, rooftop cabanas, parking spaces,” Mr Lahav said. “Right now, all of these things are up for grabs. In many cases parking spaces that are worth $50,000 or $60,000, they will now just throw it away. These things are sold separately, and when the market recovers in the future, there is nothing stopping you from selling them to your neighbor.

Following: Jon Bon Jovi sells Palm Beach Manse for around 20 million dollars

Creative approaches to financing

Low mortgage rates, which averaged 2.87% on Friday mean that the majority of buyers in the market today are interested in financing, and their loans may become another area of ​​negotiability.

“Sometimes the developer will offer to help lower their interest rate, paying a point or two on their mortgage to lower the rate further,” Kliegerman said. “We’ve also seen developers who in the past weren’t open to mortgage contingencies and are now.” (Mortgage contingencies allow buyers to walk away from transactions without penalty if they are unable to secure financing.)

Villa Valencia, a development in Coral Gables, Florida, offers to finance the buyer’s 50% down payment at a rate of 0%.

Following: A condo in Florida that thinks it’s a beach house

“We will finance the deposit at zero cost, with security against the buyer’s first mortgage [on a primary residence]said Rishi Kapoor, CEO of Location Ventures, the developer of the project. “It takes that calculus out of thinking, ‘I don’t want to move money.’ We give them 90 days after the closing date to be able to pay off the mortgage, giving them time to list their home and weather the market uncertainty.

Lease-to-own options are also emerging for buyers who are unwilling or unable to make a large down payment, but want to close a sale at a competitive price.

“There are different ways to structure it, some buildings will count the full year’s rent towards the purchase price,” Ms Glazer said. “Others will be part of it. I have a deal we’re working on that the buyer just can’t close for a year because they need to free up funds. »

Following: To boost sales during luxury market lulls, developers embrace rent-to-own programs

The net discount this all adds up to varies across price points, and overall, units priced above $4 million see more room for negotiation than their lower-priced counterparts. Buildings early or late in their sales process are also most likely to offer deep discounts, Ms Barron said.

“In new developments, we were already seeing a typical discount of around 7% [prior to the pandemic], and now it’s probably more like 15% with everything added to it,” Levin said. “If you can get a 15% to 17% discount on a $5-7 million property, you’ve done pretty well.”

He added, “There are nuances, but it’s simple: Developers are hurting right now. But they want to protect their prices and are willing to get creative.

Click to read more news about new luxury developments

read more
Parking spaces

Nichols rushes to buy Cherry Creek parking spots in town, complicating redevelopment plans

An entrance to the parking structure at Clayton Lane in Cherry Creek. (BizDen file photo)

The city of Denver sold its share of a parking lot in Cherry Creek – but not to the city council-approved buyer in early 2019.

On June 22, 18 months after city leaders signed a sale of 198 parking spaces in the garage north of Whole Foods to Clayton Lane Investors LLC – which owns the rest of the structure – the city instead sold the places at Nichols Partnership, based in Denver.

The sale complicates long-discussed plans to redevelop the area, and public records show Clayton Lane Investors made a last-minute effort in court to prevent the sale. But it was a failure.

Background

The 198 parking spaces in the center of the case are on the two upper levels of the garage along 2nd Avenue, next to the grocery store.

The city bought the parking spaces in March 2003 for $ 4.7 million, according to public records. Jeff Steinberg, the city’s real estate manager, told city council members in 2018 that the sites had been purchased so the city could rent them cheaply to Cherry Creek retail employees. At the time, the shopping district had few parking meters, so workers parked on the street, making it difficult for shoppers to find a spot.

The idea didn’t work out as well as expected, Steinberg said at the time.

The 198 spaces only include part of the garage. The rest is owned by Clayton Lane Investors, a partnership between Brookfield and Invesco Real Estate. This entity owns a large portion of the property between 1st and 2nd avenues from Josephine Street to Detroit Street. Its holdings include the building used by Whole Foods and the former Sears store, which has been vacant since 2015. The neighborhood is known as Clayton Lane.

Clayton Lane Investors had previously indicated that he wanted to redevelop the site. In 2016, at a national real estate conference in Las Vegas, OliverMcMillan – which Brookfield acquired in 2018 – presented renderings showing a new Whole Foods erected on what is currently the store’s parking lot.

WholeFoods CherryCreek Render

A rendering of the planned Whole Foods. (BizDen file)

In 2018, city staff asked council members to approve the sale of the 198 spaces for $ 6 million to Clayton Lane Investors. Steinberg said the garage was to be demolished as part of the planned redevelopment and that Clayton Lane Investors was to buy back parts of the site that it did not own. A spokesperson for the company disputed this characterization at the time, saying there was “no current plan to demolish the structure” and that the company planned to purchase the spaces so that it could “exploit structure more efficiently “.

The Council approved the agreement on January 2, 2019.

The sale

In the end, the city did not sell the parking spaces to Clayton Lane Investors.

Instead, on June 22, Nichols Partnership, acting as Clayton Street Associates LLC, purchased the spaces for $ 6 million, the same price Clayton Lane had planned to pay, according to public records.

Nichols is a leading Denver development company. The company has developed an office building on Platte Street, where coworking company Galvanize operates, and earlier this year opened a second a short distance away. The company is also planning to redevelop the old Art Institute of Colorado building on Capitol Hill.

Nichols is also the original developer of Clayton Lane and built the parking garage.

The trial

Court documents provide details of what happened between January 2019 and June 22.

On June 15, a week before the sale to Nichols closed, Clayton Lane Investors sued both the company and the city in an attempt to stop the transaction.

The lawsuit indicates that Clayton Lane Investors are still planning to redevelop the area and portray this as something that will significantly benefit the city.

“The redeveloped property will include, among other things,…. residential and new retail and will replace current Whole Foods with state-of-the-art Whole Foods, ”the lawsuit said. “The unsightly surface parking currently on the property will be moved underground as the development will have approximately 1,500 underground parking spaces, which will increase the number of parking spaces at Cherry Creek… In addition, the development includes redevelopment and use of the now vacant building that uses (d) to house Sears.

In the lawsuit, Clayton Lane Investors said the sale did not go through because the city determined that, as part of the deal it acquired the spaces in 2003, if the city wanted to sell the spaces , it was to give Nichols Partnership the first opportunity to purchase them – a concept known as the right of first refusal.

Clayton Lane Investors argued in the lawsuit that the sale to Nichols should not be allowed because, while the board had approved a sale of the spaces to Clayton Lane Investors, the agency had not directly approved a sale to Nichols. And a sale to Nichols would not incentivize a redevelopment that would benefit the city, as Nichols would only own part of the structure.

Brookfield did not respond to a request for comment. Lawyers Lawrence Katz and Jason Spitalnick of Foster Graham Milstein & Calisher represented Clayton Lane Investors in the litigation. Katz did not respond to a request for comment.

The city’s response

In an affidavit filed in court, Josh Laipply, director of projects for the City of Denver, said Clayton Lane Investors was made aware of the right of first refusal in October 2018, prior to council approval of the deal. Clayton Lane said at the time “that they bought all the rights and they will compensate them in a purchase contract,” he said.

Clayton Lane Investors signed a contract to purchase the parking spaces in January 2019, days after the board approved the deal. The purchase contract gave Clayton Lane the responsibility of handling the right of first refusal, Laipply said.

Laipply said the city has granted Clayton Lane Investors 11 extensions lasting about eight months “to resolve issues with” the right of first refusal. But on October 11, 2019, the city told the entity it was unwilling to expand further. Clayton Lane Investors sent a letter terminating the purchase contract that day, he said.

In February 2020, Nichols Partnership “chose to exercise its rights” to purchase the spaces for the $ 6 million that Clayton Lane Investors would have paid, Laipply said.

The deal with Nichols was not submitted to council because, in reality, it had already been approved by city leaders in 2002, when the city initially agreed to purchase the spaces, Laipply said.

Clayton Lane Investors’ argument failed to sway a judge and the deal with Nichols was made on schedule.

Nichols on the case

Randy Nichols

Randy Nichols

Randy Nichols, president and founder of Nichols Partners, told BusinessDen he closed the deal for one simple reason: it was a good deal.

“We had that right of first refusal, and we looked at the price and felt it was a good deal, knowing the cost of building a parking lot in an area like Cherry Creek,” he said.

Nichols said Clayton Lane Investors “was probably unaware” of her company’s right of first refusal when she initially purchased Whole Foods and part of the parking lot because the town spaces were not part of it. ‘OK.

“They did a title search on the property they bought, but had no reason to do a title search on the property they weren’t buying,” he said.

Nichols agreed the city had informed Clayton Lane Investors of the right of first refusal before the deal was presented to council. But he said the company never contacted him about it until the board approved the sale in January 2019.

The deal puts Nichols in a strong position. The garage cannot be demolished unless it agrees to sell its spaces, or some other sort of agreement.

“We did not come to a common understanding on what might happen,” he said. “They would obviously like to control it.”

But Nichols said he’s not the only one Clayton Lane investors need to woo. Whole Foods is in the middle of a long-term lease on its existing building, and as far as he knows, the grocer has not accepted a deal either.

“They have a few different areas that they need to consolidate… They are obviously not ready to move forward,” Nichols said.

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Parking garage

New 364-space municipal parking lot expected to be completed before Thanksgiving | Local News

Crews continue to work on the construction of a new five-story parking structure east of the city post office on Eighth Avenue between 56th and 57th streets that is expected to be completed before Thanksgiving.

“This project, although we have discovered some unforeseen conditions at the site, we still expect the structure to be complete by November 19, with final closure by the end of December,” said Brian Cater, MP city ​​audience. director of works, said Monday at the meeting of the public works committee.

Cater said workers discovered footings from old buildings they hadn’t anticipated when groundbreaking this spring.

“So we had to work around those issues, which the contractor, the design team and the construction team did,” he said.

Cater said crews also found an underground storage tank during excavation that they were previously unaware of.

“We had it removed. It turned out there was just water in it. It took a little extra effort,” he said.

He said the precast “limbs,” or concrete for the structure, are expected to start going up on July 20, in line with the original construction schedule.

Aldus. David Bogdala wondered if the overall cost projections would be affected by unforeseen items excavated and removed from the site earlier.

“We are still working on the foundations. Our foundation is not fully integrated, so we don’t have any end cost or additional cost with that,” Cater said. “We always expect everything to fall under the contingency we have on the project.”

The $8 million garage, which is being built by JH Findorff & Sons, was approved by city council on January 22. When completed, it will have 364 parking spaces and will include free public parking, as well as rented stalls. This is one of three car parks planned for the city centre.

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