Webinar: C-PACE in Opportunity Zones

Webinar by CleanFund, KPMG, and Terrapin Investments discussing the value and alignment of utilizing C-PACE financing in Qualified Opportunity Zones to drive resiliency and returns.

Webinar by CleanFund, KPMG, and Terrapin Investments discussing the value and alignment of utilizing C-PACE financing in Qualified Opportunity Zones to drive resiliency and returns.

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welcome and thank you for joining today's webinar see pace in Opportunity
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Zones I'm Graham Richard and I will be moderating our session today I'm excited
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about the clean economy investment potential and opportunity zones based on my own experience as a clean economy
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entrepreneur and as a mayor today's webinar is a collaboration between KPMG
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a multinational Tax and Accounting advisory firm and clean fund a leading
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national provider of commercial pace financing clean fund is based in the San Francisco Bay Area but works in active
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commercial pace jurisdictions across the country now they provide an innovative financing solution that makes it easy
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and affordable for property owners to make investments in energy efficiency water conservation and other resiliency
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driven building improvements here we have the traditional disclaimer we look
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now to talk about the agenda our agenda today will include a brief outline of
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our intended outcomes an overview of qualified opportunities own tax benefits by Orla O'Connor and then the third
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issue will be clean fund opportunities on funding and example projects with
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rules and McKiernan and then we will talk about the capital stack implication spread wood and we also are delighted to
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have a developer perspective from Tony Sherman we will also take your questions and look forward to making available to
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all of you the audio recording and these slides after we conclude our session
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today and so today we would hope that in our time together we could share
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opportunities own tax benefits an update on that CPS financing benefits we also
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look to have an outcome of sharing financing synergies and the added value that CPAs could have in Opportunity
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Zones and the capitalist a canal analysis of project economics and then of course
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some sponsor developers perspective on the Payson Opportunity Zones our presenters
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are listed here we'll be introducing each of them as their session section
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comes to the fore the first person will be sharing with us is the overview of
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principle the National PMG good morning
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thank you for that I am just again on brief intro I'm really proud to be part
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of KPMG's national qualified opportunities known practice and that we've been taking a very strong
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leadership position in this area really investing heavily in the program and working with a number of clients and and
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other stakeholders throughout the community and the Bay Area and nationally so really happy to be here
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today my job is to succinctly describe the tax benefits and requirements of
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this program with respect to real estate projects that's a really difficult task because that we could have you know a
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multi hour webinar just on that component but we have other important topics to address as well so just to
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kind of set the stage in terms of where we are with this process I think everyone knows that this was part of the
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broader tax reform package that was enacted at the end of 2017 it's a little bit of a sleeper in tax reform and
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didn't get a lot of early focus because people thought that this would be more of a regulated program similar to the
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new markets tax credit program and it wasn't until around April that the IRS released fa Q's providing that in fact
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this program would be self-certified by tax payers you just check a box on your tax return so it's some that really
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opened the floodgates to people seeing the potential and the broad application of the program then we had the process
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the competitive application process by state governments by which we had census tracts designated to be qualified
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Opportunity Zones that final that list was finalized in the summer we had some
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guidance released in the fall which again stimulated some activity especially people who had gains to roll
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over into the program who were anxious to get their dollars into qualified Opportunity funds so there was a big flurry of activity
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toward the end of the year around that but where we are today is we're expecting both finalization of that
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initial proposed regulations package and a second-rank package that would address a whole broad range of issues
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operational issues for funds and we expect there'll be another flurry of activity when those are released obviously with the government shutdown
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the timelines been delayed out a little bit there was originally a public hearing scheduled for January 10th on
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the first set of regulations that now has just been rescheduled so Valentine's Day so hopefully that first reg package will
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get finalized after the hearing at some point this spring and then the second reg package could be released
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I mean potentially could be released before even the hearing on the first set but we're expecting that to be released
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sometime in February and I should also just mention that there's been a lot of commentary on the regulations from
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industry groups I mean most recently I think there was a letter last week released by Congress which is quite
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unusual to the Treasury asking for some liberal rules to be implemented as part
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of the future guidance so we're all on the edge of our seats we need to see what that looks like so moving on to the
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next slide just high-level overview of the potential benefits of the program I think everyone who's dialing in is aware
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of the very very powerful tax benefits that are attached to this program so just to level set as the gating item a
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tax payer must have capital games that they are rolling over into a qualified Opportunity Fund in order to like a
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gating item just to gain entry to the program and get the whole host of benefits and then the three benefits
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that you get are you get deferral of those gains that are rolled over and that deferral ends in at the end of 2026
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as a temporary benefit and when you pick up those gains in 2026 they retain the character of the original Capitol game
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that was ruled over so that's temporary benefit to the extent you make your
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investments this year there's a potential 15 percent forgiveness on those gains that are rolled over and if
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you invest before the end of 2021 that benefit goes down to ten percent but there's still a forgiveness benefit with
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respect to the initial gains but then what's really powerful and where we think that the you know people
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are getting really excited about the program is the investment that's made in the fund the new investment you get a
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step up to fair market value when you exit your fund interest and that basically means that you're your capital
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gain on the new investment could be permanently excluded from the tax base and that's that's what people are really
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excited about what we're trying to achieve so this is just a quick level set in terms of the structure that we
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expect to be used most commonly so just you know you see at the top the investor is rolling over gains into the qualified
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opportunity fund at the top but then the qualified opportunity fund most likely would make an investment in a qualified
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opportunities own business down below that's where we think the real estate development activity would occur at the
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lower tier and the partner at that level could be the developer or operating partner so just going next to the
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program requirements couple of things to highlight and actually I don't think we
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mentioned this on the earlier slide but to get the third tax benefit the permanent exclusion there's a ten-year holding period requirement that's a very
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key requirement that was highlighted on the earlier slide and then on this slide I want to call your attention to two
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things so we said there's a gating item of having games to roll over into the
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qualified opportunity fund the other absolute must-have is you have to have qualified opportunities owned business
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property so in the context of the upper tier lower tier we think that it'll be a
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70% requirement where you look at the lower to your real estate development project and today 70% of the tangible
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property would have to meet the definition of qualified opportunities on business property I'll talk in a minute
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about what that looks like but the other key requirement to highlight on this slide is you have to have not only 70%
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of your property meet that definition but you also can't have more than you
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can't have a significant amount of non qualified financial property this is the less than 5% test that's in here and
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what's important about that is you know obviously there's a huge push to roll over games into these structures but if
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you roll over a hundred million dollars in gain and then that cash is sitting idle you could fail this test so one
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really helpful piece of guidance that was part the package in the fall with this working capital safe harbor it basically
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gives you 31 months to deploy your cash toward a development project provided you have a written plan that sets out
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some some details of how that cash will be spent and so that's a really helpful piece of guidance but there are some
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limitations around around what's included and not included and we can get into that later in Q&A if people are interested so then just to round out the
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level set on the tax requirements we put to the next slide what is qualified
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opportunities on business property and this is really the core thing that you need to think through if you think you
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have a real estate project that could qualify for benefits here you have to have tangible property acquired by
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purchase after 2017 from an unrelated party so unpacking that there are lots
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of people who already held real estate within qualified Opportunity Zones who are wondering how they can benefit from
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this program it is theoretically possible you just have to navigate this first requirement so either you at least
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that land into a new Fon structure or you could sell into a fund structure but
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you have to make sure you meet this unrelated party requirement which is basically 20% ownership tests between
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the seller and the acquirer and then secondly you have to meet this original
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use test which has two prongs to it either the property has to be originally used within the zone so we need guidance
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on what that means but if you think about ground-up development say you acquired Brawl and we would think that
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the new building year a quiet year your building would qualify for the original use test but a lot of comments on what
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that should look like and how to the for the parameters of that might be and then the second prong is the property needs
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to be alternative to original use the property would be substantially improved which I think people understand broadly
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to mean you double the basis of the property so there was a piece of guidance in the fall revenue procedure
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that very helpfully set out a fact pattern of you acquire land with the building on it and it said for purposes
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of meeting this test you really have to just double the basis of the building and you can ignore the land this leaves
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a lot of unanswered questions about what happens if you're actually just acquiring the raw land and again we can
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get into that in more detail people are interested but looking at that instruct if you acquire a building and you're gonna double your basis in the
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building what's really important from a technical perspective is make sure that all of your expenditures actually would
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qualify as additions to basis with respect to the property and we can talk more about how some of the the solar and
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and other energy and efficiency improvements that you would be funding using your pace financing might qualify
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but the language is fairly broad additions to basis with respect to the property so our view at least is that
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you would not need to necessarily capitalize all of those expenses into the building as such but you would
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definitely need to capitalize them into property so for example financing fees they get capitalized into the loan
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wouldn't qualify and obviously anything that's a deductible expenditure wouldn't qualify we can talk more about that
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later but this was just a general level set to make sure we're all on the same page about the basic program
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requirements thank you very much although we appreciate those introductory comments
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now we're going to do a clean fund qualified opportunities on the examples and we're going to be introducing Wolsey
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mckernon senior vice president and chief revenue officer of clean fund as the SVP
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here at clean fund he's been responsible for driving sales growth marketing execution and product excellence across
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the company Woolsey has extensive background and global real estate industry including development construction structured finance
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technology and energy efficiency Thank You Wolsey oh it's a mouthful Thank You
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Graham and Thank You Orla we know qo Z's are real and KPMG included in someone's
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title congratulations so good about clean fun to start clean fund is a
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leading nationwide provider of CPAs based here in Sausalito California small town across the Golden Gate Company has
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been at the center of the growth of commercial pace industry founded back in 2009 we did the first our first deal
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with a national repro largest largest industrial developer and owner we broke
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our own record for the largest pace deal in 2015 2016 and 2017 and we've
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completed the industry's first public secure is a ssin with some of the world's largest insurer buying bonds we've got over a billion in
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capital commitments and were supported by two of the top mortgage originators in the country
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so hopefully pace is a bit of old news for many of you listening but just in
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case it's new news it's a pace commercial pace is a relatively new financing mechanism that
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offers long-term fixed-rate financing with no guarantees and it's really a
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foundation based on 100 year old bond financed which is used to invest in the
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public good broadly so think roads schools undergrounding power lines and the like
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but pace is a voluntary tax assessment in support of in this case investment in
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private property so would secure the lien is secured by a parcel tax
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assessment which shows up on one's property tax bill and remains with the property in transfers on sale which is
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which is unlike traditional debt of course legislation has been passed in 35 states in DC 20 of which have a live
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program and are able to fajn transactions so shifting the next slide
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thinking about what's eligible pace C pays commercial pace finances up to a
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hundred percent of hard and soft costs focus predominately on building resiliency so smart investment in
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buildings around HVAC thermal new doors and windows glazing water conservation
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or renewables read-only solar and the property types that leverage pace include certainly the four food groups
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but we've also done projects on a number of alternative asset classes golf courses storage nonprofits and alike old
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buildings and retrofits have been the sweet spot and really where the need for pace originated but also more recently
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new construction which has enabled owners to lean on pace to achieve higher levels of building performance so a
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quick look at a case study clean fun completed the largest Pro predicted date
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in Texas at 24 million the history Butler building was an adaptive reuse of
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a downtown core office building a few blocks from City Hall and a conversion
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into a mixed-use facility with a hotel and number of apartments the client
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Altera came to clean fund looking for an alternative capital source to complete
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the project we were able to parse the budget and come up with a number of CPAs eligible items that match the amount
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that they needed looking at what they needed let's take a quick look at the capital stack as a precursor to Brad
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woods section not overly complicated the
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senior was eb-5 with some historic tax credits 15% of the stack was high octane
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meds that had turned in which they needed to replace to complete the project so clean fun layered in six
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percent approximately pace which resulted in a significant Delta and ultimately highly a creative to
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ownership and got a nice quote there from Mike the principal it was the CEO
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so coming to my last slide you know really talking about the alignment
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between qualified Opportunity Zones and CPAs they think foundationally each is
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is really based on supporting the public good the intent is focused on you know
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direct investment into communities and projects that need resilient investment
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ones that create sustainable jobs in real estate that is smart and
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intelligent both saving energy or creating energy in the case of solar but
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also delivering higher returns to developers and investors so when you look at pace commercial pace and
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Opportunity Zones coupled up with opportunity's own equity funds
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ultimately it's more cost effective than traditional forms of finance with a low
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let's say 6% fixed rate in terms of up to 30 years without any guarantees on
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ownership base is limited generally to 20 30 percent of the stack broadly so I
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think by many measures rendering the end of our current real estate boom and if you think
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investment in Opportunity Zones and paste as filling the gap and meeting the
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needs of construction budgets that have been pressured for a number of years we're going to continue together the
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upgrade of America's built environment so let me shift it back over to you
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actually appreciate that we're now going to talk about capital stack implications and we're delighted to have Brad wood
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another great leader from KPMG he's the managing director for economic and
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valuation services brand heads up the group that does a lot of the EVs practice servicing with financial
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services clients where asset management needs are focusing primarily on real
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estate so Brad we appreciate your joining us great well thank you Graham
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and first I wanted to just add on to what Wolsey had mentioned about the program and the alignment with pace and
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that the program the really the initiative is is really about you know providing capital in these underserved
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areas of 8,700 zones across the u.s. that are looking for capital that's it's
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a fuel development really it's about prosperity long term and creating the businesses and clustering within these
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within these areas and you know what we see a lot of time observations so far as the early plays are kind of the real
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estate development these shovel-ready projects would have been developed already but really long term you want to
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see more green development more than likely especially as tenant demand as
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comes into the zones and these cluster into businesses are created you know that that's going to go hand-in-hand
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with pace financing but with that I'll turn it right into the looking at the capital stack implications and what
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we'll do really is a comparative analysis in measuring your standard stack relative to with pace financing
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and then also what's what space finances look like as far as returns with a
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property that's in the zone one thing I think it's important to highlight what we expect here to for properties in in
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the opportunity zones to fueled by these capital gains is you're gonna have more likely a higher equity component there's
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a few reasons for that a lot of times the funds are gonna be structured as single asset and they're gonna have this 90 percent asset test requirement
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so that's one of the reasons but as we'll see it as we measure this further onto the slides but the you'll see that
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impact by having a higher equity component and even but the traditional senior debt may not be as interested in
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opportunities especially initially as these are you know historically underserved areas it may be a little
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more risk associated with that and then also they're going to be competing against funds that are that are really capital gain capital gain fuel this
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capital stack we're gonna look at you got ten seventy twenty here it's a really eighty twenty as far as equity relative to debt and you know looking to
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come with up some of the benefits you have you know with pace twenty percent long term or long term date there excuse
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me debt that's tied to improvements so you really have collateralized collateralized that what's obviously
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very different than kind of your your your your senior and uncollateralized also non-recourse it's fixed rate those
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are some of the other benefits it's important to note here you see on the bottom that your return on equity is certainly needs to be north about your
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excuse me your return on equity it should be north what the pace the pace rate is for this to pencil but we'll go
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over the next slide and we'll measure here the kind of how the higher pre-tax IRR basis it will also talk a little bit
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about after-tax if you think about Gades so looking at this slide on the Left we have some of our divided assumptions we
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want to keep these even throughout throughout the h-1 of these three scenarios to be sure we have a true comparison and we'll start with that and
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what we'll go into kind of the some of the visuals so you have a sea level debt
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we have here to nine percent again that's gonna play into your standard stack pace debt rate of 6 percent
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typically gonna be in between five and seven again a lower debt rate longer term and also you have it more or less
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collateralized with improvements opportunity final put at a kind of a standard 10 percent for that equity
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component and and you know a few other inputs there for operating assumptions a couple things to highlight here on these
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some more than others the exit year is important to note with a 10-year exit
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with properties that are within the zone certainly going to maximize benefits by having that ten-year hold to realize
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that a third benefit of the upside in you creation in appreciation so but also
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a ten-year-olds kind of your standard investment property maybe not be so for a development property but it is will
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keeping even with each one of the scenarios an extra kappa7 I guess that's
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a fairly modest number we could very much argue that it could be lower and that will have impact clearly to the the
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bottom line as far on an ir basis and then our project here is a simple
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analysis it's a ground-up development we're acquiring the side for 10 million we're going to develop it with
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construction cost at 40 million so we're all-in at 50 million and between land
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landen improvements now the pace savings rate it's really the kind of effect Noy an upward impact on Noi because if
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you're essentially saving 20,000 per year get a simple simple input here
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within the cash flows so moving to the graphic left-to-right the traditional
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capital stack on the Left shows the more the higher more the higher investment
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excuse me the few the higher initial equity investment from the owner and
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then the debt your standard does a senior rate debt layered in so you just see the bottom line here 12 12 24 as far
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as returned to the owner and you get your standard traditional stack and then moving into the middle middle section
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you've got your new senior standard stack with pace let's see a higher deck component your 68 percent equity your 32
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percent remaining to the to debt that's 20 percent of that 20% is is pace
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financed six percent clip and the rest they get that senior level debt any kind of you see the impact that pace has on
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those are ours both to both to the investor and to the owner developer and
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then moving on to the third one and that this is really showing the power of the combining pace with a property that sits
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within the zone that is going to bring in that high that the equity again capital gain fuel equity within the fund
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coming into these coming into these sites and you see at 80/20 split in that
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case at a twenty bean purely pace and obviously lower 6% rate that's going to have a
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huge impact and again you see the bottom line there you see the the IRR again on
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a pre-tax basis so the owner the owner equity is going up anywhere from two hundred three hundred basis points I
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mentioned before the exit cap is highly sensitive to this there's a few other inputs that are too but for the most part the exit is important because
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that's what in the development property you truly realize your your returns upon
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a sale you see that you get two hundred three hundred basis points differential between how your traditional then
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compared to a pace development within within an operating zone now this isn't factoring in and we don't
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show it here on the slides what's not factoring in the after-tax component that would go to the investor or the
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fund and that's that's a certainly additional element very complex to calculate that it's gonna obviously vary
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substantially from project project but if you do have a ten-year hold well we are what we are hearing in the
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marketplace isn't anywhere for another 250 to 400 basis points that'll be tacked on to that again on an
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after-tax are our basis so it all in all obviously see page showing this here by
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this analysis by Nancy pace financing optimizes the capital stack for the for
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the owner developer in particular and then subsequent to that the the after-tax IRR is a true benefit by
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having a property within the zone for your own for your investor so with that
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I'll turn it back over to you Graham thank you so much Brad we appreciate that we're now going to have a developer
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perspective we're delighted to have Tony Sherman joining us from Colorado Tony is
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the founder and principal of Terrapin investments and management he's considering a sea pace investment in a
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qualified ozone in Colorado and he's had extensive hotel ownership development
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and management business experience since 2003 where he has run the management and
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operations of over 25 hospitality properties across the country as the founder and principal of Terrapin
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Investments Tony Sherman
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yeah thanks a lot glad to be part of this I think CK's is a great tool
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I think Opportunity Zones or amazing piece of legislation and when you can do
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them both on a project then you really turbocharged your turns and your after
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tax returns so you know you can kind of
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see I'm in the hotel business I own and operate hotels around the country I'm a
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developer I also build self storage I'm building one of those right now in California I'd actually spoken with CPAs
27:26
about financing the solar portion of it which they were willing to do then our
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existing lender said they would do it at a at a very good rate was kind of simple but I'm dining you see pace and I think
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this project I'm in play ball in Colorado is a perfect candidate I own
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two hotels in Glenwood Springs Colorado you see the yellow box is a piece of
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land I want to buy and you see right above the box is a Hampton Inn I owned
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that there's also already an express that I own right next door there's this
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parcel that I'm trying to buy it's owned by CenturyLink which is a telecom
28:15
company move real slow but but I'm working on buying it and if they're smart they'll sell it to me because I'm
28:20
the most logical buyer what I'd like to do is put a home to sleep on the site
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which is a Hilton brand it's an extended-stay property and I don't think
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it would compete too much of my existing properties and the markets are very very strong there so so I want to build it
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now it's really coincidental that Glenwood Springs happens to be in an opportunity zone there are some
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opportunities around the country like Las Vegas that that I'm targeting for deals this I'm just lucky that it
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happens to be an opportunity so and the way I see it is an opportunity zone makes a good deal better and from
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my perspective as a developer I'm not going to buy something in an opportunity
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zone just because there are some tax benefits to me at least I want to make
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sure that's going to be a profitable best thing if it happens to be an opportunity zone that makes it even
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better for two main reasons one will make it easier for me to raise equity from investors because I think you know
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there's all this opportunity so money out there and I know a lot of people with huge capital gains that are dying
29:37
to put it into a deal of mind so they can benefit from this and then and it's
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just great because as you hold it for seven or ten years and you make money you don't pay tax so it's pretty awesome
29:53
in a lot of ways now see pace I think is
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always a smart thing to do if your lender will let you do it assuming you
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have a lender but most people most real estate investors always buy the debt not
30:11
every lender I think at this point is familiar with CPAs but the ones that are
30:17
and will allow it I think it makes sense just about every single time I really
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think using see paces and no-brainer now it works best when a project is new
30:29
if you happen to own the property you can have a fixed-rate loan a lot of times those lenders aren't going to let
30:36
you put seed pace on so you really need to look at it I think when you're buying something when you're going to develop
30:41
so here is my simple development model
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for this property I'm hoping to buy for two million if you start on the top left
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I think the site can hold 113 rooms and
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all the numbers add up to an investment per room and 142,000 can move far to the
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right look at capitalization it shows where the total cost comes from about 85,000 hard costs per key it's
31:16
about 20,000 a room for furniture fixtures equipment sink sofas beds
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whatnot architectural MEP is electrical engineering consulting and interest
31:30
reserve another Reserve alone fee franchise costs closing cost organizational dinners so it's about 14
31:39
million plus salon so that if you go up to the middle equity breakdown the total investment is going to be a little over
31:46
16 million it gets 142,000 T so I was
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going to go out and get a construction loan I could probably get a loan to 60 or 65% and developers and investors in
31:59
general want to get more leverage rather than best now getting 95% leveraged
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sometimes be crazy and you can't get it but anywhere from 50 to 80% is kind of
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the real world and when you're building commercial projects general you have to put down 30 to 40 percent so in this
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field I'm sure I could get a construction loan for 10 million 4 which means that I need to raise from myself
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and my partner's 5.6 million produce a lot of money for some people that's one
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phone call for me might be 10 or 20 phone calls so moving down the
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financials the first year this is a very simple model taking builder than 12 months it's probably more like 18 months
32:48
the second year we're going to be ramping up we're going to have some cash
32:59
flow and the return on equity is a Casio
33:06
27.24 percent the next year if things go according to plan it really jumps up 23%
33:13
cash on cash and let's say we sell it in the fourth year and let's say that my
33:18
numbers are accurate here we have an NRI little over 2 million we sell it a 9
33:24
cap now I'm looking at the bottom right and we might get a little over 200,000 a
33:32
room so that'd be almost 23 million we're gonna have to pay the broker we have net proceeds of 22 and a half
33:39
million payback the lender returned the capital and if things go well here we've
33:45
made a profit of almost six and a half million which is one hundred fifteen percent of the original investment in
33:53
the IRR over four years is thirty now that's phenomenal and I showed this to
34:01
someone and they trusted me which I think my partners do and it worked out
34:06
according to plan we have a terrific return however the return would be better if we use C pace so let's go next
34:13
slide so everything is saying everything is the same here except in the middle
34:22
I've highlighted pace finance or 15 percent are we going to pay pace a 6%
34:31
rate I think it's a 30-year more analyzation then to the right in the
34:37
capitalization there's another fee there's a pace feed costs about 5% I believe in cost so my total
34:44
capitalization has gone up kissed by the pace 350 thousand which is insignificant
34:51
on a deal decides what's very significant is instead of having a raise
34:57
five and a half million now I only have to raise 3.2 million just a lot easier
35:03
to raise less money and maybe I'd put it
35:09
all in myself maybe I have that much money maybe I can have a bigger share of my own deal because less equity is required
35:16
and then when you go back down to the bottom right you see where it really
35:24
super charges your return and if you go to the bottom right since you have less
35:30
equity and more debt your return on equity instead of being
35:36
a hundred percent profit is closer to two hundred percent profit so on a three
35:44
and a half or three point three million dollar investment things work out you can make a profit of six point three
35:50
million and that's an IRR thirty nine as opposed to twenty nine so it's
35:55
interesting watching the gentleman before me showing in his model that using pace
36:02
makes a return 300 basis points higher my model it's like the thousand basis
36:09
points higher so that pretty much concludes what I want to say but I think
36:16
the math is pretty straight forward and I really like Payson look forward to
36:23
using it here and a lot to my future deals with clean fun Tony thank you so
36:30
much we appreciate that and in order to make sure we have time for some questions I'm going to cover the summary
36:36
here briefly and then turn to some questions that have come in particularly for Orla and Brad what we can see of
36:43
course is that as a wrap up that pace funding matches the intent of the
36:49
opportunity zones the public good investment it's geared toward renewable
36:54
or clean energy investments all kinds of improvements in the built environment that could produce cost savings and
37:02
reduce carbon pollution for example it's a semi urban and suburban focus they're
37:09
actually some rural opportunity zones as well in my home state of Indiana and other locations it's a long-term
37:15
investment and long-term resilience investment opportunity I see this is a
37:21
win-win-win where there's a public benefit there's a clean energy or clean economy benefit to communities and of
37:28
course there's a private return so a couple questions have come in but here's one Orla for you if we might when
37:35
thinking about pulling out the cash and distributions the refinancing that we talked about affect the regulations to
37:42
say regarding that 10-year holding period I know hard to predict but we do
37:48
have projects that are moving forward and interesting what about taking out
37:54
reading distributions or refinancing distributions what what do you think might be the direction there yeah sure
38:01
sure so we don't have guidance on this specific topic yet but we expect that it will come because it's a in a big topic
38:07
that a lot of comment letters have focused on what I would say is this there is a concept at least within the
38:15
tax community of there being you kind of your normal tax basis rules where you can always pull out cash as long as you
38:20
get outside partnership basis for your debt and those rules remain in place
38:26
right so in the absence of having something to limit that you generally be able to take those distributions whether
38:32
it's operating income or whether it's from a refinancing there is this concept of a parallel qualified Opportunity Fund
38:39
basis which would be a limitation on your ability to pull out cash so stepping back I mean the policy here was
38:46
definitely intended to be getting capital into these zones for a long-term holding period ten years you know it's
38:52
typically a bit longer than we see for your typical real estate fund or real estate project so what we expect you
39:00
know again the rules aren't there yet what we expect is something similar to what was suggested in the real estate
39:06
roundtable comment letter which we participated in and we agree with this recommendation that Treasury should
39:12
create a concept of benchmarking to your original equity in and to the extent the
39:18
project increases in value you could pull all of that cash out but you would have to retain at least that original
39:23
value in the project we think that would be a very reasonable rule that that
39:29
fulfills the legislative purpose of keeping money in the zone for ten years however there may be additional
39:35
liberalisation one one just comment to mention on that like we've seen a lot of
39:40
agitation for like unlimited ability to pull full cash out as long as as long as the project is still there right and the
39:47
economic development that was the whole purpose of the program is still happening the letter that I mentioned earlier from Congress to Treasury which
39:55
is a bit unusual from stim Scott and others had as a broad suggestion in
40:01
there and this has been a common theme that funds should be able to harvest real
40:08
estate projects and reinvest into other opportunities own projects within the fund subject to the caveat that cash not
40:14
be pulled out there were some troubling language in there that made it sound like at least from Congress's
40:20
perspective no dollars should be pulled out out of qualified opportunity funds so we're hoping that that they clarify
40:26
what they intended by that and that Treasury it makes it clear that that's just with respect to the real estate
40:31
investment that would be harvested and reinvested that that cash would stay in the fund but we do expect there to be
40:38
taxpayer favorable reasonable rules implemented hopefully in the next guidance package that's released maybe
40:51
turn this one to Brad what have you around impact metrics regarding the
40:57
funds active in the market are there any particular investors with more synergies for these resiliency oriented projects
41:04
in keeping with the goal of investing in underserved communities bread grab could
41:15
you perhaps rephrase the question they do so I mean so I think someone made the
41:22
point earlier that case and the purpose of Opportunity Zones really aligned nicely we've been working with a number
41:29
of impact funds and impact investors to help them clarify how do you define
41:35
impact around qualified opportunities on investments and we've seen basically three broad categories and environmental
41:42
impact is really kind of the one where pace aligns really nicely and I mean quite honestly it's it's a bit easier to
41:48
measure that you know just developments in the industry with LEED certifications etc so that in some ways is the easiest
41:55
you know social impact objective metric that you can have within a real estate
42:01
fund when the other two categories are economic impact and social impact so an economic impact we would describe
42:07
that more like path of development and and that I mean it is a great metric to
42:13
have and we do think real estate developments can achieve that it's just slightly controversial because you have concerns in different
42:20
communities about gentrification etc so that one's a little bit harder just from a you know perception public perception
42:26
and how specifically you define a perspective the third category of social impact which is more like community
42:32
resilience and jobs I mean again you know you have to have the right type of real estate project to achieve that
42:37
metric so we're seeing we're seeing funds come to market with you know a hybrid of multiple versions of those
42:44
those types of metrics but we're certainly seeing a lot that you have that environmental impact metric and
42:49
that's where we think pace would align really nicely thank you that we're
42:55
coming close to our wrap-up time and I wanted to again reiterate the thank you
43:02
to each of our participants to obviously Woolsey and Orla and Brad and Tony we
43:12
also wanted to make sure that any questions that you've submitted that we did not get a chance to answer we will
43:17
follow up with an answer to you directly and we will make available as mentioned
43:22
earlier all registrants can receive the slides for download purpose and we will
43:28
also have the audio recording and distributed to those who have registered in wrap-up thank you very much I think
43:36
that this estimated one hundred billion dollar potential investment and Opportunity Zones provides an
43:44
outstanding potential for pace financing and for economic growth and prosperity
43:53
around what I call the clean economy investments in Opportunity Zones
44:00
thank you very much for joining us
Webinar by CleanFund, KPMG, and Terrapin Investments discussing the value and alignment of utilizing C-PACE financing in Qualified Opportunity Zones to drive resiliency and returns.
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