Development Agreements and Other Contract-Based Value Capture Techniques-A Primer

December 2020

TABLE OF CONTENTS

LIST OF FIGURES

LIST OF TABLES

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GLOSSARY OF TERMS

Ad valorem - An ad valorem tax is "a tax that is calculated according to value of property, based on an assigned valuation of a piece of real estate or personal property." In general, ad valorem tax increases (e.g., property tax) require much stricter voter approval requirements than those that are not ad valorem tax (e.g., special assessments or tax surcharge)

Availability payment - Regular annual payment to P3 private concessionaire by the public project sponsor for the P3 term conditional on the availability of the facilities at the service level committed by the concessionaire

Brownfield - As used in this Primer, an abandoned, idled, or underused industrial or commercial facility where expansion or redevelopment is complicated by real or perceived environmental contamination

Buffer zone - An area that is impacted by the existence of transit facilities and amenable for transit-oriented developments (TODs)

Community benefits movement - Triggered by the emergence of CBAs and in response to the widespread inequities of urban development, a movement that involves organizing diverse interest groups to obtain a common set of demands and community benefits from public officials and private developers

Downside risk - Financial risks associated with losses

Essential nexus - A test courts have required to establish a direct cause-effect relationship between the proposed project and the exaction imposed on property owners and/or developers to pay for the public improvements needed by the project

Exaction - A financial burden or other requirements a local government places on a developer to pay for all or a portion of the public improvements needed for the developer's project as a condition of project approval

First source hiring - A hiring practice that gives economically disadvantaged or other specially designated individuals the first opportunity to apply for entry-level jobs

General Plan - Comprehensive planning guidelines to a city's or county's future development goals; provides policy statements to achieve those development goals (alternatively referred to as Master Plan or Comprehensive Plan)

Gentrification - Housing, economic, and other factors that affect a community's history and culture and shift a neighborhood's characteristics, often resulting in unfairly displacing poor and disadvantaged individuals

Inclusionary housing - Local policies that tap the economic gains from rising real estate values to create affordable housing for lower income families; e.g., requiring developers to sell or rent 10 to 30 percent of new residential units to lower-income residents

In-lieu fees - Fees paid by a project proponents (developer) to mitigate project impacts; most common being impact fees and linkage fees–impact fees to pay for additional public improvement capacity necessitated by the developer's project and linkage fees to cover the cost of wider negative impacts such the need for affordable housing due to displacement

Police power - The capacity of the States to regulate behavior and enforce order within their territory for the betterment of the health, safety, morals, and general welfare of their inhabitants

Regulatory taking - Occurs when government improperly imposes regulations (such as zoning) that limit the owner's use of that property or exactions or fees on a specific group to pay for improvements that benefit not only the group but the public at large

Revenue risk (or demand risk) - Risk taken by P3 concessionaire dealing with its ability to generate project revenues from third-party users and its need to maintain the user demand levels to generate the revenues

Rough proportionality - A test that proves the need for the exaction amount from developer and/or property owner is roughly proportional to the impact created by the project

Specific Plan - Comprehensive and zoning document for a defined geographic area within a city; implements the city's General Plan by providing a special set of development standards applied to that area

Turnover - A change in property ownership that triggers a reassessment of the property, which can result in assessed value increases that are over the statutory limit

Upside risk - Potential for an asset or investment to increase in value beyond expectation

Vested right - A property owner's irrevocable right to develop his or her property that cannot be changed by future growth restrictions or other regulatory reversals

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