One Phoenix land
Transcription
One Phoenix land
One Phoenix land 5.665 Gross Acres of Vacant Land located at the Northwest Corner of McDowell Rd. and Central Ave. Phoenix, Arizona 85003 Prepared for: The BSR Group 97 Menachem Begin Road Ramat Gan, Israel 52521 Prepared by: NAI Horizon Valuation Services Group 2944 N. 44th Street, Suite 220 Phoenix, AZ 85018 2944 N. 44th Street, Suite 220 Phoenix, Arizona 85018 602.955.4000 Main telephone February 20th, 2013 B.S.R. Group c/o Ms. Liya Moshe, CPA, Controller 7 Menachem Begin Road Ramat Gan, Israel 52521 Re: One Phoenix land is 5.665 gross acres (5.553 net acres) of vacant land located at the northwest corner of McDowell Road and Central Avenue in Phoenix, Arizona, USA 85003 NAI File No.: 13-DAP-203 Dear Ms. Moshe: As per agreement, we are pleased to transmit our complete due diligence, self-contained appraisal report on the above referenced property. The report has been prepared for you on behalf of AI-BSR, LLC (the property owner) and is intended only for its specified use. It may be distributed to your attorneys, advisors, investors, the Tel Aviv Stock Exchange, the Israeli Security Commission, the Israel Security Authority, the BSR Projects, Ltd. Board of Directors, and Shanholt Glassman Klein Kramer & Company. It may not be distributed to or relied upon by other persons or entities without written permission of NAI Horizon Valuation Services Group, LLC. This appraisal report has been prepared in accordance with FIRREA, the regulations of OCC, and the 2012-2013 Uniform Standards of Professional Appraisal Practice (“USPAP”) including the Competency Rule. The property was inspected on February 7th, 2013 and the report prepared by Dan A. Paulus, MAI; an Arizona Certified General Appraiser. This appraisal employs the (Land) Sales Comparison Approach. Based on our analysis and knowledge of the property as vacant land and typical investor profiles, it is our opinion that only this approach would be considered meaningful and applicable in developing a credible value conclusion. Based on our appraisal as defined by the Uniform Standards of Professional Appraisal Practice, we have developed an opinion that the retrospective fee simple estate of the referenced property, subject to the assumptions and limiting conditions, certifications, extraordinary and hypothetical conditions, if any, and definitions, “As Is” on December 31st, 2012 was: TWELVE MILLION THREE HUNDRED FORTY THOUSAND DOLLARS $12,340,000 Please note that the Value Conclusion does not deduct the $262,751.97 in 2011 Tax Liened and $217,572.56 in 2012 Delinquent property taxes including penalties and interest-to-date totaling $480,324.53. All six of the subject parcels are impacted by Certificates of Purchase of Tax Liens. The client’s continued ownership is at risk. NAI Horizon Valuation Services Group Ms. Liya Moshe, CPA, Controller February 20th, 2013 Page 2 Volatility in the capital markets nationally and worldwide has continued to make forecasting real estate market conditions speculative-to-date in early 2013, though local market conditions are steadily, slowly improving. Our valuation of the subject has considered the best information available. Clients should make their own investment risk assessment when determining the level of confidence they have in projected market conditions and the market value conclusion. Based upon transactions that have occurred in the marketplace as well as discussions with knowledgeable local market brokers, the subject would have required approximately nine to twelve months exposure to the market to generate a sale at the concluded market value. This letter is invalid as an opinion of value if detached from the report, which contains the complete text, exhibits, and Addenda. Respectfully submitted, NAI Horizon Valuation Services Group Dan A Paulus, MAI, President; Arizona Certified General Appraiser License No. 30234 Looking northeast across McDowell Road at subject from the intersection of 1st Avenue EXECUTIVE SUMMARY Property Name: One Phoenix land Location: Northwest corner of McDowell Road and Central Avenue in Phoenix, Maricopa County, Arizona, 85003 Property Description: 5.665 gross acres (5.553 net acres) of fully infrastructured, vacant land. The DTC zoning allows 375-foot building heights, 1,210 residential units based on net acreage, and retail/office space. The formerly approved development plans were to build 1,020 residential units in three 35-story± residential condominium towers with 50,000 square feet of 1st and 2nd floor office/retail. Assessor's Parcel Numbers: 118-56-057A, -058, -059, -060, -081B, and -088A in Maricopa County, Arizona Interest Appraised: Fee Simple Estate Date of Value: December 31st, 2012. Note that this is a retrospective date of value. Date of Inspection: February 7th, 2013 EXECUTIVE SUMMARY Ownership: AI-BSR, LLC Current Property Taxes 2012 Full Cash Value: $7,866,000 (combined six tax parcels) 2012 Property Taxes: $211,921.46 (combined six tax parcels excluding Past Due Interest) Highest and Best Use If Vacant: Initiate development of a mixed-use project of office/retail and/or high-density residential condominiums no sooner than 2015 when the national employment and local housing market are projected to have created an adequate upward/improving market and consumer demand could then create development feasibility. Site & Improvements Zoning: DTC, Downtown Gateway, city of Phoenix Land Area: 5.665 gross acres or 246,759 gross square feet; 5.553 net acres or 241,904 net square feet per client Value Conclusion: $12,340,000 or $50.00 per square foot (a retrospective value as of December 31st, 2012) Please note that the Value Conclusion does not deduct the $262,751.97 in 2011 Tax Liened and $217,572.56 in 2012 Delinquent property taxes including penalties and interest-to-date totaling $480,324.53. All six of the subject parcels are impacted by Certificates of Purchase of Tax Liens. The client’s continued ownership is at risk. Extraordinary Assumptions: Please note as an Extraordinary Assumption that we presume that the vacant subject land has not physically changed between the client-requested retrospective Date of Value of December 31st, 2012 and the Date of Physical Inspection on February 7th, 2013 that occurred five weeks later. Hypothetical Conditions: This appraisal assumes no Hypothetical Conditions. SUBJECT PHOTOGRAPHS View of subject site looking northwest from the McDowell Road/Central Avenue intersection. Looking southeast from the subject corner across the Central Avenue/McDowell Road intersection. Metro Light Rail train moving northbound (left) through the intersection. SUBJECT PHOTOGRAPHS View north across the subject from the southern boundary. Central Avenue on the right. Looking west across the subject toward 1st Avenue. Central Avenue is behind photographer. SUBJECT PHOTOGRAPHS View north along Central Avenue from McDowell Road. Subject is on the left. Looking south along Central Avenue from a point one block north of the subject. SUBJECT PHOTOGRAPHS Looking north along Central Avenue from a point just north of the subject. View south along Central Avenue through McDowell Road intersection. Light rail tracks in the middle of street. Subject located over photographer’s right shoulder. SUBJECT PHOTOGRAPHS View southeast across the subject from middle of the northern boundary. Arizona Opera Co. property under construction adjacent north of subject land – orange brick building on the far left. Looking east across the subject toward Central Avenue. SUBJECT PHOTOGRAPHS Looking south across subject from the northern boundary mid-point toward McDowell Road. View south along western boundary. 1st Avenue is on the right. SUBJECT PHOTOGRAPHS Looking east along the McDowell Road subject fence line. View northeast across the subject from the 1st Avenue/McDowell Road corner. SUBJECT PHOTOGRAPHS View north along subject western boundary with 1st Avenue on the left. TABLE OF CONTENTS Introduction ............................................................................................ 1 Regional Analysis ..................................................................................... 6 Local Area Analysis ................................................................................. 17 Site Description ...................................................................................... 23 Highest and Best Use .............................................................................. 27 Land Valuation ....................................................................................... 28 Assumptions and Limiting Conditions ....................................................... 36 Certification of Appraisal ........................................................................ 39 Addenda ................................................................................................ 40 INTRODUCTION Identification of Property Common Property Name: One Phoenix land Location: Northwest corner of McDowell Road and Central Avenue in Phoenix, Maricopa County, Arizona, 85003 Property Description: 5.665 gross acres (5.553 net acres) of fully infrastructured, vacant land. The new “DTC” zoning allows 375-foot building heights, 1,210 residential units based on net acreage, and retail/office space. The formerly approved development plans were to develop 1,020 residential units in three 35-story± residential condominium towers with 50,000 square feet of 1st and 2nd floor office/retail. Development continues to be postponed until market conditions improve. Assessor's Parcel Numbers: 118-56-057A, -058, -059, -060, -081B, and -088A Property Ownership and Recent History Current Ownership: AI-BSR, LLC (per public records) Sale History: The property was purchased by Central Development, LLC for $25,600,900 recorded on October 17, 2006 (WD 1368635). The NAI Valuation Services Group 13-203-DAP 1 INTRODUCTION seller was McDowell & Central Avenue, LLC. The property was then resold to AI-BSR, LLC closing on April 4, 2007 for $29,070,000 (WD 397673). We are unaware of any other closed transactions of the subject within the nearly six year period preceding current Date of Value. Current Disposition: The property is not under contract of sale, but is being actively marketed for sale by Land Advisors of Scottsdale, AZ (real estate brokers Randy Titzck and Chad Russell @ 480.483.8100), but they did not return repeated phone calls to the appraiser. In the 2nd half of 2011, they (previously reported) had several offers to purchase ranging from $20.00 to $35.00 per square foot including joint venture offers. Late in the 1st half of 2012, there were two separate cash offers to purchase at $10,000,000 or about $41 per square foot. Both offers included due diligence periods of about six months and contingencies that included securing a current multi-family residential entitlement for the property; a process that would involve the Phoenix City Council. Per the client, on December 12th 2012 (the “Effective Date”) a Purchase and Sale Agreement was opened with Votum Holdings, LLC, an Oregon LLC (the purchaser) agreeing to buy the subject real estate for $14,500,000 ($58.75 per gross SF) with $500,000 cash down payment and $14.0M in cash at close of escrow. The “Inspection Period” was to have been 75 days with a “Closing Date” of March 28, 2013 per the client-provided copy of the Purchase and Sale Agreement. The escrow was terminated by the buyer sometime in January 2013 (date unknown), but the parties are continuing to negotiate, according to The BSR Group. Intended Use and Users of the Appraisal The report has been prepared for AI-BSR, LLC (c/o The BSR Group, 7 Menachem Begin Road, Ramat Gan, Israel 52521) and is intended only for their specified use. It may be distributed to their attorneys, advisors and external auditors, investors, the Tel Aviv Stock Exchange, the Israeli Security Commission, the Israel Security Authority, BSR Projects, Ltd. Board of Directors, and Shanholt Glassman Klein Kramer & Company. As agreed, the report is for the use of client management for accounting purposes. It may not be distributed to or relied upon by other persons or entities without permission of NAI Horizon Valuation Services Group, LLC. Dates of Inspection and Valuation The retrospective value conclusion reported herein is as of December 31st, 2012. The property was physically inspected on February 7th, 2013 by Dan A. Paulus MAI. Please note that we present as an Extraordinary Assumption that the vacant subject land has not physically changed NAI Valuation Services Group 13-203-DAP 2 INTRODUCTION between the client requested retrospective Date of Value of December 31st, 2012, and the Date of Physical Inspection (February 7th, 2013) that occurred about five weeks later. Property Rights Appraised Fee Simple Estate Scope of the Appraisal The scope of an appraisal is defined as “the type and extent of research and analyses in an assignment” (2012-2013 USPAP). In accordance with our Letter of Engagement, the scope of work in the assignment was sufficient to produce a credible result, considering the intended use of this assignment. Additionally, this appraisal assignment was prepared to conform to the applicable requirements set forth by Uniform Standards of Professional Appraisal Practice (“USPAP”). In addition, the report was also prepared to conform to the requirements of the Code of Professional Ethics of the Appraisal Institute and the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (FIRREA), Title XI Regulations. In fulfillment of our agreement for services and the professional requirements noted above, our complete due diligence, self-contained appraisal report is based on research into a combination of primary and secondary data sources. The depth of our research and analysis is directly related to the significance of each issue to the intended use of the appraisal. The specific data sources relied upon are described throughout the various sections of this report. In summary, during the course of this assignment, we: Requested subject property information from the client and their local listing broker, and reviewed the information that was made available to us. Conducted a field inspection of the property where we made notes, and took new photographs, though we noted no relevant physical changes to the property. Drove the subject’s local area to assess development trends, transportation patterns, quality and condition of improvements, access to services, adverse influences, etc. Gathered information on the status of key economic, social, governmental and environmental factors in the region and local area that influence the subject’s value from government websites, local business journals, newspapers, etc. Contacted the city of Phoenix regarding the subject’s zoning designation and key development restrictions. Formed an opinion of the subject’s Highest and Best Use, and determined which approaches to value were applicable and/or necessary. Investigated and selected the most relevant and reliable land data sales for use in the (Land) Sales Comparison Approach including CoStar Comps, LoopNet, public and webbased records, local brokerage contacts, and our internal NAI data resources. NAI Valuation Services Group 13-203-DAP 3 INTRODUCTION Considered the input gathered from our interviews of buyers, sellers, brokers, property developers and public officials, as applicable in the approach. Please refer to the Extraordinary Assumptions of this report for a description of conditions encountered during this assignment that precluded us from performing all the research and analysis that would be typical for an assignment of this type. The scope of this analysis and the analysis contained herein is reflective of “the amount and type of information researched and the analysis applied in an assignment” (2012-2013 USPAP). This appraisal employs only the (Land) Sales Comparison Approach. Based on our analysis and knowledge of the property type and relevant investor profiles, it is our opinion that only this approach would be considered meaningful and applicable in developing a credible land value conclusion. Definitions of Value, Interest Appraised and Other Terms The following definitions of pertinent terms are taken from the Dictionary of Real Estate Appraisal, Fifth Edition (2010), published by the Appraisal Institute, as well as other sources. Market Value Market value is one of the central concepts of the appraisal practice. Market value is differentiated from other types of value in that it is created by the collective patterns of the market. A current economic definition agreed upon by agencies that regulate federal financial institutions in the United States of America follows, taken from the glossary of the Uniform Standards of Professional Appraisal Practice of The Appraisal Foundation: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. Buyer and seller are typically motivated; 2. Both parties are well informed or well advised and acting in what they consider their own best interests; 3. A reasonable time is allowed for exposure in the open market; 4. Payment is made in terms of cash in US dollars or in terms of financial arrangements comparable thereto; and 5. The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. NAI Valuation Services Group 13-203-DAP 4 INTRODUCTION Fee Simple Estate Absolute ownership unencumbered by any other interest or estate, subject to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat. Cash Equivalent A price expressed in terms of cash, as distinguished from a price expressed totally or partly in terms of the face amounts of notes or other securities that cannot be sold at their face amounts. Market Value “As Is” on Appraisal Date The value of specific ownership rights to an identified parcel of real estate as of the client requested effective date of the appraisal; related to what physically exists and is legally permissible, and excludes all assumptions concerning hypothetical market conditions or possible rezoning. Exposure Time Exposure Time Under Paragraph 3 of the Definition of Market Value, the value opinion presumes that "A reasonable time is allowed for exposure in the open market". Exposure time is defined as the length of time the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at the market value on the effective date of the appraisal. Exposure time is presumed to precede the effective date of the appraisal. The reasonable exposure period is a function of price, time and use. It is not an isolated opinion of time alone. Exposure time is different for various types of real estate and under various market conditions. As noted above, exposure time is always presumed to precede the effective date of appraisal. It is the length of time the property would have been offered prior to a hypothetical market value sale on the effective date of appraisal. It is a retrospective opinion based on an analysis of recent past events, assuming a competitive and open market. It assumes not only adequate, sufficient and reasonable time but adequate, sufficient and a reasonable marketing effort. Exposure time and conclusion of value are therefore interrelated. Based on our review of national investor surveys, discussions with market participants and information gathered during the sales verification process, a reasonable exposure time for the subject at the value concluded within this report would have been approximately 12 or fewer months. This assumes an active and professional marketing plan would have been employed by the current owner. Legal Description The subject site is identified by the Maricopa County Assessor (Arizona) as Parcel Numbers 11856-057A, -058, -059, -060, -081B, and -088A. A metes and bounds legal description has been provided by the client and is exhibited in the report Addendum. NAI Valuation Services Group 13-203-DAP 5 REGIONAL ANALYSIS Introduction The Phoenix economy has slowed; however, Phoenix continues to grow and has pushed its population over 1.5 million, officially the sixth largest city in the United States. The PhoenixMesa-Glendale metropolitan statistical area or MSA includes Maricopa and Pinal counties. The MSA, officially the 11th largest in the United States, reached a population of ±4.5 million in November, 2011, according to www.bizjournals.com. Phoenix’s status as a destination for transportation, distribution, high-tech and military manufacturing is likely to increase with its continued population and income growth, new trade opportunities, making it a rising capital in both the United States and internationally. Metropolitan Phoenix is the choice for many business entities, including real estate owners, investors and developers, as they explore new opportunities. The area offers the freedom and space to build dreams through free enterprise. Greater Phoenix has maintained substantial employment growth over the past decade. Projections show employment will increase ±85% reaching 3.4 million jobs by 2030, despite the economic recession. NAI Valuation Services Group 13-203-DAP 6 REGIONAL ANALYSIS Regional Area Overview The Phoenix-Mesa-Glendale Metropolitan Statistical Area (MSA), located in south central Arizona, encompasses nearly 14,600 square miles and includes Maricopa and Pinal counties. The city of Phoenix, located in Maricopa County, is the largest incorporated area within the MSA, encompasses nearly 520 square miles, and has a population in excess of 1.5 million. The Phoenix-Mesa-Glendale MSA is outlined in red in the map below. Phoenix-Mesa-Glendale Metropolitan Statistical Area (MSA) The Phoenix-Mesa Glendale MSA is a premier destination, with more than 300 sun-filled days a year and average temperature of 74.2 degrees and due to its central location in the rapidly growing southwestern region of the United States. Greater Phoenix is a $181 billion marketplace that serves as a hub for innovation and entrepreneurs by providing international access for aerospace, high-technology, bioscience, advanced business services and sustainable technologies companies. NAI Valuation Services Group 13-203-DAP 7 REGIONAL ANALYSIS Population The following chart compares the population of the MSA, Arizona and the United States from 1990 to the projections for 2016 and shows the percentage change from the prior indicated year. Population Phoenix - Mesa - Glendale MSA, Arizona and the United States 1990 2000 2011* 2016* MSA 2,238,480 3,251,876 4,325,870 4,840,526 % change 45.3% 33.0% 11.9% Arizona 3,665,228 5,130,632 6,544,462 7,238,001 % change 40.0% 27.6% 10.6% U.S. 248,709,873 281,421,906 310,650,750 323,650,750 % change 13.2% 10.4% 4.2% *2011 estimates, 2016 projections Source: Claritas Site Reports The Phoenix-Mesa-Glendale MSA has an estimated population of ±4,326,000 as of November 2011 and continues to be one of the fastest growing metropolitan areas in the country. The MSA has consistently outpaced the U.S. population growth over the last 18 years. Projections show the region is expected to grow by nearly 12 percent by 2016, bringing the population to ± 4,900,000 people. Phoenix, the largest city in the MSA, covers more than 520 square miles and has a population of over 1.5 million, ranking it the sixth largest city in the country and the largest capital city in terms of population. Phoenix’s residential population is scattered throughout the metropolitan area. However, population concentrations exist southeast of the downtown core in the Tempe/Mesa/Chandler areas, northwest of the city in the Glendale/Sun City corridor, and north along Interstate-17. Despite the tenuous economic picture of the state of Arizona, the University of Arizona’s Director at Economic and Business Research Center, Marshall Vest, says of Arizona’s population growth, “Long term, we continue to expect nation-leading growth to return to Arizona and for it to become one of the most populous states, with nearly six million additional residents 30 years, hence. Today, Arizona’s ±6.7 million population ranks as 13th, just ahead of Washington and Massachusetts. In twenty-five years, Arizona will overtake Virginia, New Jersey, North Carolina, Georgia, Michigan, and Ohio to become the sixth largest state in the nation.” Demographic Profile Historically, metro Phoenix has been regarded as a retirement haven. Over the years, the area has become increasingly popular with young families and upwardly mobile professionals. The market is now much younger with a median age of only 34 years compared to the national average of 37 years. The Phoenix market is above average with the national average in educational attainment and affluence, with 58.2% of its population having some college or higher in comparison to 55.5% for the United States. Looking at the MSA with the estimates for 2011/2012, the majority of workers, (± 70%) have a household income of $74,999 or below; while ±27%, the largest percentage of households in the MSA earn an annual income $25,000 to $49,999 (see chart on following page). NAI Valuation Services Group 13-203-DAP 8 REGIONAL ANALYSIS Demographic Characteristic - 2011 estimates Phoenix-Mesa-Glendale MSA, Arizona & the United States Characteristic MSA State of AZ United States Median Age 33.9 35.1 36.9 Average Household Income $70,289/yr $65,117/yr $69,529/yr Median Household Income $53,229/yr $48,521/yr $49,726/yr Household by Income Level under @25,000 $25,000 to $49,999 $50,000 to $74,999 $75,000 to $99,999 $100,000 & above Source: Census & Hud data set s 19.93% 27.40% 20.68% 12.68% 19.31% 23.07% 28.56% 19.91% 11.66% 16.83% 23.69% 26.60% 19.49% 11.91% 18.31% Both the average household income for the MSA ($70,289/year) and the median household income ($53,229) are higher than the average/median household income for both the state of Arizona and the United States. Sector Employment The chart to the right shows the employment picture of the Phoenix-Mesa-Glendale MSA and the state of Arizona. As of March 2012, the top three sectors of the MSA’s economy include the Services sector, the TTU (Trade, Transportation, Utilities) sector and the Government sector. These three sectors account for ±79% of the total employment in the MSA. For the State, the same three sectors, Services, TTU and Government employ the majority of people (±80). There are no major differences in sector employment between the MSA and the state of Arizona. NAI Valuation Services Group 13-203-DAP Sector Employment Phoenix-Mesa-Glendale MSA and Arizona Mar-11 MSA 3,000 79,400 110,600 351,400 27,500 137,900 755,400 240,100 State 10,900 109,400 149,000 471,800 36,200 163,700 1,029,600 414,700 1,705,300 2,385,300 Mining Construction Manufacturing TTU Information FIRE Services Government total MSA Mining 0% State Con 5% Mining 0% Man 7% Gov 14% Con 5% Gov 17% Man 6% TTU 20% TTU 21% Info 2% Services 44% FIRE 8% Info 2% Services 43% FIRE 7% Source: www.bls.gov/eag 9 REGIONAL ANALYSIS Unemployment The national unemployment average for April 2012 was 8.1%, down from 8.7% at the end of 2011. The state unemployment rate as of April 2012 was 8.2% and is down from 9.6% in April 2011. Unemployment for the Phoenix MSA was also 8.2% which is a decrease from December 2011. The chart below reflects the historical unemployment rates comparing the MSA, the State of Arizona and the United States. The graph is highly indicative of an overall increase in unemployment that goes along with the impact of the national recession. The MSA has seen a slight drop in the unemployment rate through the beginning months of 2012. Phoenix-Mesa-Glendale MSA Unemployment Rates 2002-2011 year 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 MSA 5.6% 5.2% 4.5% 4.1% 3.6% 3.3% 4.9% 7.9% 9.2% 8.7% State 6.0% 5.7% 5.0% 4.7% 4.2% 3.9% 5.9% 9.1% 10.0% 9.3% U.S. 5.8% 6.0% 5.6% 5.2% 4.7% 4.7% 5.8% 9.8% 9.7% 9.3% 11.0% 10.0% MSA 9.0% State 8.0% U.S. 7.0% 6.0% 5.0% 4.0% 3.0% *March 2011 Source - recenter.tamu.edu NAI Valuation Services Group 13-203-DAP 10 REGIONAL ANALYSIS Major Employers The chart to the right shows the major employers for the PhoenixMesa-Glendale MSA. The State of Arizona tops the list with ±49,300 employees. Wal-Mart has topped the list again for the largest nongovernment employer with a total of ±30,000 employees. Banner Health, the City of Phoenix and Wells Fargo are also among the largest employers in metro Phoenix. The employers reinforce the sector employment figures previously discussed. Quality of Life/Amenities Major Employers Phoenix-Mesa-Glendale MSA Employer State of Arizona Wal-Mart Stores Inc Banner Health City of Phoenix Wells Fargo Maricopa County Arizona State University Apollo Group Inc. Bank of America Raytheon Company JPMorgan Chase & Company Intel Corp. US Airways Group Inc. Mesa Public Schools Catholic Healthcare West American Express Company Freeport McMoRan Copper & Gold Inc. Scottsdale Healthcare Arizona Public Service Corp. Luke Air Force Base - 56th Fighter Wing Mayo Clinic Hospital Fry's Food Stores (Kroger) The Boeing Company Marico County Community College Salt River Project Total # of Employees 49,282 30,000 28,353 15,544 14,000 12,458 12,221 12,000 12,000 11,500 10,500 9,700 8,926 8,836 8,291 7,133 7,000 6,556 6,300 6,000 5,106 4,907 4,800 4,703 4,346 300,462 Source - The Business Journal, 2011 Book of Lists Major Attractions and Amenities The metro Phoenix area offers an enviable quality of life to its residents as they enjoy a high standard of living at a fraction of the cost of other large metropolitan areas. The region offers a multitude of cultural and recreational activities giving visitors and residents the chance to enjoy countless activities ranging from museums, galleries, performing arts, to other cultural opportunities. Four of Greater Phoenix’s communities ranked among CNN Money’s best small cities to live (July 2011). The communities ranked are Chandler, Scottsdale, Peoria and Gilbert. Metro Phoenix hosts a large number of resident artists, as well as many touring groups and exhibits. There are over 40 museums and 150 art galleries. Metro Phoenix is home to the internationally acclaimed Heard Museum, Phoenix Symphony, Broadway Theater, and has hosted several Broadway shows at ASU’s Gammage Auditorium. Phoenix also boasts several concert venues of national acclaim. US Airways Center, Desert Sky Pavilion, and Jobing.com Arena highlight the list. NAI Valuation Services Group 13-203-DAP 11 REGIONAL ANALYSIS The desirable climate allows outdoor activities such as desert jeep tours, hot air ballooning, and water recreation. Seven lakes are within an hour of metro Phoenix that offer fishing, boating, water skiing, picnic areas, and camping. In addition, many opportunities for hiking, mountain biking, off-road driving are available as well as over 130 golf courses, making Phoenix known as a golfer’s paradise. Arizona features two ski resorts within two and three-hour drives from Phoenix - Snow Bowl (Flagstaff) and Sunrise Ski Resort (Pinetop-Lakeside area). Metro Phoenix is one of only ten metropolitan areas that have all four major professional sports teams. Those include the Arizona Cardinals of the National Football League, the Phoenix Suns of the National Basketball Association, the Arizona Diamondbacks of Major League Baseball, and the Phoenix Coyotes of the National Hockey League. Phoenix also offers many smaller niche sport franchises, such as the Rattlers of the Arena Football League and the Sting of the National Lacrosse League. Phoenix’s collegiate sports offerings include Arizona State University, The Fiesta Bowl, a collegiate football bowl game that is hosted annually at The University of Phoenix Stadium in Glendale and the Insight Bowl hosted annually at Arizona State University Sun Devil Stadium. Education The Phoenix-Mesa-Glendale MSA Major Colleges and Universities has a variety of higher educational Phoenix-Mesa-Glendale MSA opportunities that produce a steady 2010 Fall Full/Partflow of entrants for the workforce. Enrollment time Faculty School Name City Metro Phoenix offers a variety of Arizona State University Tempe 70,440 2,991 Mesa Community College Mesa 26,408 1,477 public and private universities and a Rio Salado Community College Tempe 25,266 879 nationally recognized network of Glendale Community College Glendale 21,373 1,196 University of Phoenix, Phoenix Phoenix 16,700 2,628 community colleges. Greater Phoenix College Phoenix 13,000 788 Phoenix, ranked No. 1 in attracting Chandler-Gilbert Community College Chandler 12,296 628 Scottsdale Community College Scottsdale 11,257 788 college-educated, single people Paradise Valley Community College Phoenix 10,282 662 between the ages of 25 and 39 at a Grand Canyon University Avondale 8,124 2,657 Phoenix 8,122 412 higher rate than all other cities in Estrella Mountain Community College GateWay Community College Phoenix 7,346 496 the U.S, according to The Wall South Mountain Community College Phoenix 6,354 380 Midwestern University Glendale 2,464 209 Street Journal (May 2011). Maricopa A.T. Still University Mesa 2,305 528 Community College System is the DeVry University Phoenix 2,016 123 Maricopa Skill Center Phoenix 1,512 56 largest community college system in Source: The Business Journal, 2011 Book of Lists the country and Arizona State University (ASU) is the largest university in Maricopa County. ASU had an enrollment of ±74,000 in the fall of 2011. ASU is known for its business, architecture, communications, and engineering programs. ASU has a downtown campus that opened in August 2006 with approximately 5,000 students. This campus includes the College of Public Programs, University College and the College of Nursing and Healthcare Innovation. The Phoenix-Mesa-Glendale MSA is also home to many private educational institutions such as Grand Canyon University, Thunderbird - The School of Global Management and the University of Phoenix. Also noteworthy is that within two hours of the MSA are the University of Arizona (Tucson, Arizona) which has a world-renowned medical NAI Valuation Services Group 13-203-DAP 12 REGIONAL ANALYSIS center and Northern Arizona University (Flagstaff, Arizona) known for its nursing, forestry, and physical therapy programs. Medical The Greater Phoenix region provides residents with high quality medical care and its health care facilities provide access to the latest developments in treatments and technology. There are also several world-renowned research facilities such as The Mayo Clinic, Mayo Hospital, Barrows Neurological Institute, and the Arizona Heart Institute. The Phoenix area has a comprehensive healthcare network, which includes over 20 accredited hospitals several of which are highly regarded internationally. The table below is a listing of the highest revenue producing hospitals with the number of beds. Phoenix-Mesa-Glendale MSA - Major Medical Facilities Ranking 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Hospitals St. Josephs Hospital and Medical Center Banner Good Samaritan Medical Center Banner Desert Medical Center Maricopa Integrated Health System Banner Thunderbird Medical Center Chandler Regional Medical Center Banner Boswell Medical Center Scottsdale Healthcare Shea Scottsdale Healthcare Osborn Phoenix Children's Hospital Banner Baywood Medical Center John C. Lincoln North Mountain Hospital Mayo Clinic Hospital Banner Del E. Webb Medical Center Banner Estrella Medical Center No. of Beds 697 662 700 718 513 225 430 400 332 345 340 266 244 404 214 *Source: The Arizona Business Journal Book of Lists 2011 Transportation Network Phoenix’s evolving transportation network has played a key role in the area’s growth over the past thirty years and will continue to do so with its outstanding passenger and cargo air service, superior rail access, and global satellite networks. These combined services give Phoenix easy access to markets around the world. Phoenix Sky Harbor International Airport was the 24 th busiest passenger facility in the world and 10th busiest airport in the nation, with more than 43 million passengers using the facility during the 12 months through March 2012. Sky Harbor consists of three terminal building encompassing 120 gates; more than 20 airlines offer daily non-stop flights to destinations throughout the world. On a typical day nearly 1,500 aircraft and ±100,000 passengers arrive and depart. Sky Harbor has a daily economic impact of $90 million in Phoenix. The public transportation needs of the Phoenix area residents are served by the City of Phoenix, the Regional Public Transportation Authority (RPTA), and Valley Metro. The area’s comprehensive public transportation network encompasses bus and shuttle services and light rail. Opening in 2008, the “METRO light rail” system runs more than 20 miles from suburban NAI Valuation Services Group 13-203-DAP 13 REGIONAL ANALYSIS Mesa, through Tempe and into Phoenix, traveling through the downtown area, offering access to Phoenix Sky Harbor International Airport and linking two of the four metro area campuses of Arizona State University. It has the ability to accommodate 26,000 boarding’s a day or more than 8 million boarding’s a year. Future segments will include routes to downtown Glendale, north Phoenix, and eastward into downtown Mesa. The graph below illustrates the freeway system in the Phoenix MSA. The MSA is served by several controlled-access freeways, including Interstate-10, Interstate 17, US 60, SR 51, Loop 101, SR 143 and Loop 202. Many new freeways are planned to be built by 2025, either through upgrades of existing roads such as SR 74, SR 85, and Loop 303, or through the construction of new freeways where no road existed before such as SR 801, SR 802 and the South Mountain Freeway portion of Loop 202. Major Highways Phoenix -Mesa-Glendale MSA HWY Direction I-10 east/west I-17 north/south US 60 east/west Hwy 101 loop Hwy 202 loop Hwy 303 loop SR 51 north/south SR 74 east/west SR 87 north/south NAI Valuation Services Group 13-203-DAP Description National hwy with E terminus -FL, W terminus - CA Intrastate hwy from Flagstaff to Phoenix National with E teminus -VA, W terminus - AZ Semi-beltway - Tolleson to Chandler Beltway for Tempe, Mesa, Chandler & Gilbert Loop serving the far west suburbs of Phoenix Connects Phoenix to 101 Loop Regional hwy with E. terminus - I-17, W terminus - Morristown, AZ Regional hwy with N terminus - Second Mesa, S terminus - SR 84 14 REGIONAL ANALYSIS Regional Summary The Phoenix region, which has experienced tremendous growth over the past twenty years in both population and employment, continues to improve its economic diversity. Arizona’s economy was hit harder than most other states due to the collapse of the housing bubble. This downturn set off a domino effect across the entire economic landscape from employment, retail, construction, manufacturing and tourism. Although many indicators are still down, the basic fundamentals that bring people, companies and investment to Arizona remain unchanged. The low cost of housing, weather and entrepreneurial spirit continue to make Arizona and the MSA an attractive place to be. Phoenix’s phenomenal economic growth of the past twenty years will continue due in large part to the market’s strength in high-tech manufacturing, tourism, and service employment. Certain sectors, namely Service and Trade, have also buoyed the local economy and are expected to remain as strong economic drivers. During 2007, the Phoenix market experienced a slowing in growth and a dramatic slowdown in residential construction. Mortgage defaults starting in 2008 and continuing to-date at a lessened pace in 2012 had risen to their highest level in decades by mid-2011 on single family homes due in large part to the sub-prime lending that had taken place over the past several years of economic expansion. The default rate started to steadily, slowly fall in late 2011 and now in 2012, but modest (though improving) job numbers continue to exacerbate the recovery both locally and nationally, though population growth numbers are quite strong for Arizona-todate in 2012. However, the real estate market conditions are viewed as part of the normal cycle of buyer and seller behavior, though admittedly worse in the recent past than normal, which is impacted both by real estate and non-real estate factors. In this case, lending practices by the financial sector have exasperated the downturn. A full recovery is expected. It is now generally accepted that the recession bottom was hit mid-2010, and that the economy is now in a very slow, but accelerating recovery mode, locally and nationally. Locally, it now appears that Arizona is recovering more rapidly than most other States pulling out of the down real estate cycle despite its depth and severity. Certain submarkets and property types are clearly starting to recover in terms of pricing and transaction volume. Local economists now project a strong recovery in the commercial real estate market for the MSA no sooner than 2014/2015, and a complete housing recovery may very well take until 2015/2016, though all signs are positive. The long-term outlook for the MSA is excellent due in part to its low business costs, strong demographic trends, low cost of living, and desirable climate. Population and employment growth have historically been very strong, and continue to increase, but at a slower rate. Growth is already resuming at a greater rate than the national averages now in the later stages of the economic recovery. The region’s economic performance should slowly return to “nationleading growth” given the market’s diversity, location, and growing prominence as a regional business center. NAI Valuation Services Group 13-203-DAP 15 REGIONAL ANALYSIS NAI Valuation Services Group 13-203-DAP 16 LOCAL AREA ANALYSIS The objective of a local market area analysis is to determine perceivable patterns of growth, structure, and change that may detract from or enhance property values. The analysis provides a framework or context in which the property values are estimated. The following pages discuss characteristics of the subject’s local market area and the trends that have developed. A map of the downtown Phoenix region is exhibited below with a red dot depicting the subject. Location The property is located just outside the northern edge of the downtown Phoenix central business district (“CBD”), though the subject site is typically associated with the Midtown section of the Central Corridor wherein McDowell Road demarks the southern boundary of the Midtown Office District. Generally, the boundaries of the local area are Interstate-10 (Papago Freeway) on the south, McDowell Road on the north, 7 th Street on the east, and 7th Avenue on the west. The subject is located at the southeastern edge of the mature Willo Neighborhood Association District i.e. single-family housing adjacent west of the subject (west of 1st Avenue) is NAI Valuation Services Group 13-203-DAP 17 LOCAL AREA ANALYSIS located within the Willo District. The subject encompasses one square city block and has outstanding dual arterial, corner access suitable for high-density, high visibility “gateway” development. Access Local area accessibility is very good, relying on the following arteries: Local: The subject is located on the immediate northwest corner of McDowell Road and Central Avenue in Phoenix, Arizona. Central Avenue runs adjacent along the eastern boundary of the subject. It is an asphalt paved north/south arterial with two lanes of traffic in each direction. The Metro Light Rail runs down the center of Central Avenue. McDowell Road is an asphalt paved arterial with three lanes of traffic in each direction (east/west) that runs along the south side of the subject. The intersection with Central Avenue is fully signalized including left-turn lanes and signals. There are concrete curbs, gutters, and sidewalks on both streets. 1st Avenue is a non-striped, concrete paved, residential street designed for two lanes of traffic along the western boundary of the subject. It is improved with concrete curbs, gutters, and intermittent sidewalk availability on both sides of the street. Access to Interstate-10 (½-mile to the south) is via 7th Street which is ½-mile to the east of Central Avenue. High Occupancy Vehicle (“HOV”) access is available to I-10 on 3rd Street for eastbound travel and 3rd Avenue and 5th Avenue for westbound travel. I-17 access via McDowell Road is three miles due west. Regional: Interstate-10 (“I-10”) extends westward through Phoenix to the west coast Los Angeles metro area providing the main truck-shipping route between the two regions. I-17 is located two miles to the west and provides a loop with I-10 around central Phoenix. It provides access north to Flagstaff and I-40. State Route 51 is an intra-city freeway and provides access from I-10 three miles east of the subject into the east/central Phoenix area as well as connecting to the 101 Loop several miles to the north. Public transit service is provided to the area via bus service on Central Avenue and along McDowell Road with a passenger collection point mid-way along the subject McDowell Road frontage. The Central Bus Station is located only one mile south of the subject at the northeast corner of 1st Avenue and Van Buren Street. There are many bus routes operating seven days per week. The Metro Light Rail System opened on December 27, 2008. The initial 20-mile route extends through downtown Phoenix along Central Avenue past the subject, and extends north to Camelback Road, west to 19th Avenue, and then north to Bethany Home Road. East of the downtown Phoenix CBD, the line proceeds east into Tempe and on to Mesa. Trains run every 10 minutes during peak times and every 20 minutes during off-peak. A train station for drop NAI Valuation Services Group 13-203-DAP 18 LOCAL AREA ANALYSIS off/pick up of passengers is located at Central Avenue and McDowell Road; an outstanding amenity for the eventual residential and retail development of the subject. View south toward the Phoenix CBD along the Central Avenue Metro Light Rail line that runs next to the subject (on the right). The McDowell Road intersection is mid-photo. Local Area Characteristics The subject’s local market area is composed of a mix of mature residential housing and office buildings varying from Class A to Class C. Most of the high-rise offices are situated along Central Avenue, from Jefferson Street about 1½ mile to the south in the downtown CBD and extending 4¼-miles northward to Camelback Road through the Midtown Office District. Surrounding the subject is a combination of office buildings and mature single-family housing. The Phoenix Art Museum and the Phoenix Theatre are located directly east of the subject at the northeast corner of Central Avenue and McDowell Road. It is a 203,000 square foot building which was expanded in 2006. The Viad Tower is directly north of the subject. Built in 1991 and renovated in 2006, the Class A office building at 1850 N. Central Avenue is a 24-story, 482,108 square foot corporate center that is a signature tower of the Phoenix skyline. It sold in May 2011 for $116.16 per square foot (66.7% occupancy). The 53,000 square foot Bowne Publishing Building is located on the southwest corner of the intersection and is also occupied by R.R. Donnelley. A CVS Drugstore is located at the southeast corner. NAI Valuation Services Group 13-203-DAP 19 LOCAL AREA ANALYSIS Photo of the two-unit light rail southbound in front of subject (near right). St. Josephs Hospital at 3rd Avenue and Thomas is about one mile north of the subject. Good Samaritan Hospital is located about one mile to the east at 9 th Street on McDowell Road. Neighborhood shopping centers are located at southwest corner of 7 th Avenue and Osborn and the northwest corner of 7th Street and McDowell Road within close driving proximity. The nearby Phoenix CBD (one to 1½ miles to the south) is the location for many of the Class A office towers, and home to most of the largest law and accounting firms. State, County and City government offices are located in the downtown area in addition to the courthouses. The local market area has proven to be relatively stable enduring the inevitable, cyclical economic downturns. The downtown entertainment district has greatly enhanced the local market stability with Chase Field (Arizona Diamondbacks of the MLB), US Airways Center (Phoenix Suns of the NBA) and other amenities including numerous theaters, dining, multiple museums and the Phoenix Library. The addition of Arizona State University’s (“ASU”) downtown campus, the rapidly growing University of Arizona School of Nursing, and the continuing expansion of the TGen Institute have helped increase area densities; both for employment and housing, and round out a night life for the downtown area. Both campuses are rapidly expanding year-overyear with nearly continuous construction underway. The subject has a desirable location within the Central Office Corridor, though it is about 10 blocks north of the downtown Phoenix CBD. With the Metro Light Rail System running along Central Avenue, the Phoenix bus routes along Central Avenue and McDowell Road, and three NAI Valuation Services Group 13-203-DAP 20 LOCAL AREA ANALYSIS freeways within a five minute drive time, access in and out of the local market area is very good. As a future residential development, the residents on-site should enjoy a highly accessible urban environment with a residential “feel” as well as a vibrant and growing nearby downtown CBD to the south and a high-density office/residential environment to the north. The local market area is mature, well developed, and experienced a redevelopment resurgence from 2002 through 2006 predominantly in the residential sector. According to city sources/the Downtown Phoenix Partnership (“DPP”), between 12,000 and 14,000 people live in the downtown area, but that number needs to triple to attract the type of projects DPP would like to see such as grocery stores, additional entertainment venues, and middle-class demographic apartment complexes. However, no new office buildings have been constructed in the Midtown Office Corridor since 1991-to-date, though the CityScape high-rise office project was completed three years ago in the downtown Phoenix CBD along with a major expansion of the Phoenix Convention Center. Numerous medium to high-density loft or condominium projects have been constructed in the same timeframe or planned downtown in the Central Corridor. However, existing projects, both small and large, experienced a significant slowdown in unit absorption or rental occupancy from 2007 and into 2011; a negative trend that started to stabilize and slowly reverse mid-to late 2011 in both the For Lease and the For Sale projects, but at greatly lowered price points relative to original projections. Projects that have not yet commenced construction are still postponed until the economic/lending climate for urban housing improves, and there are some projects that lost funding in 2008/2009 in the middle of construction and still remain unfinished, though a few of those projects have since been funded by alternate investment sources in 2011 and are now being completed given a strong, but limited new demand coupled with a much lower-priced supply. Conclusion Residential growth in the local market area has been fueled by ever-rising fuel costs coupled with the outward suburban growth that is increasing commuting times into work centers. Living in proximity to the office has become an important option for many employees who spend considerable time on ever-more congested freeways. The factors of cost, quality of life (both home and office), and increasing downtown employment have historically driven property values in the subject local market area. As metropolitan Phoenix inevitably continues to expand, though interrupted during the recent economic recession from which we are now emerging, the overall demand for urban housing has strongly trended upward 2012, though with the absorption of existing units at well-below replacement cost pricing. The trend is expected to accelerate through 2014-2015 with an expanding demand fueled by job growth and a recovered economy. NAI Valuation Services Group 13-203-DAP 21 LOCAL AREA ANALYSIS AERIAL PHOTOGRAPH NAI Valuation Services Group 13-203-DAP 22 SITE DESCRIPTION Location: The property is located at the northwest corner of McDowell Road and Central Avenue in Phoenix, Arizona. The site is also bordered on the west by 1st Avenue; a two-lane, non-striped residential street. Shape: The site is generally square. Topography: Level and at street level Land Area: 5.665 gross acres or 246,759 gross square feet; 5.553 net acres or 241,904 net square feet Please note that the Assessor presents the subject as 238,088 net square feet, but we have chosen to rely upon the client provided net footage data that is reportedly A.L.T.A. survey based. Frontage, Access, Visibility: The site has excellent frontage, access and visibility due to the arterial corner location. The site is chain link fenced around its entire perimeter. Soil Conditions: We did not receive nor review a soil report. However, we assume that the soil's load-bearing capacity is sufficient to support existing and/or proposed structure(s). We did not observe any evidence to the contrary during our physical inspection of the property. Drainage appears to be adequate. Utilities Water: Sewer: Electricity: Gas: Telephone: City of Phoenix City of Phoenix Arizona Public Service Southwest Gas Corporation Qwest Communications Land Use Restrictions: We were not given a title report to review. We do not know of any easements, encroachments, or restrictions that would adversely affect the site's use. However, we recommend a title search to determine whether any adverse conditions exist. Flood Map: National Flood Insurance Rate Map Community Panel Number 04013-C2130G (September 30, 2005) Flood Zone: X-500, An area inundated by 500-year flooding; an area inundated by 100-year flooding with average depths of less than 1 foot or with drainage areas less than 1 square mile; or an area protected by levees from 100-year flooding. Wetlands: We were not given a Wetlands survey. If subsequent engineering data reveal the presence of regulated wetlands, it could materially affect property value. We recommend a wetlands NAI Valuation Services Group 13-203-DAP 23 SITE DESCRIPTION survey by a competent engineering firm. Seismic Hazard: The site is not located in a known seismic hazard area. Hazardous Substances: We observed no evidence of toxic or hazardous substances during our inspection of the site. However, we are not trained to perform technical environmental inspections and recommend the services of a professional engineer for this purpose. Overall Functionality: The subject site is functional for the proposed high-density multifamily use. ASSESSOR’S PLAT MAP (Subject highlighted in gray) NAI Valuation Services Group 13-203-DAP 24 REAL PROPERTY TAXES AND ZONING The property is subject to the taxing jurisdiction of Maricopa County, Arizona. The Assessors' parcel identification numbers are 118-56-057A, 058, 059, 060, 081B, and 088A. The current 2012 fiscal tax year extends from September 2012 through August 2013. Taxes can be paid 50% due October 1st, 2012 and the remaining 50% due March 1st, 2013. The client has not paid the 1st half year of 2012 nor have they paid 2011 property taxes. The delinquent 1 st half 2012 and the entirety of 2011 taxes are accruing interest at a rate of 16% per annum. All of the parcels are “Liened” with publically recorded Tax Liens purchased on February 11, 2013. The spreadsheet below shows principle plus interest due through February 28 th, 2013 (two months beyond the Date of Value) per the Treasurer’s website. One Phoenix 2012 Property Taxes as of December 31, 2012 Assessor's Parcel No. 118-56-057A 118-56-058 118-56-059 118-56-060 118-56-081B 118-56-088A 2012 Full Cash Value $1,680,500 $94,000 $142,000 $117,500 $5,494,500 $337,500 $7,866,000 2012 Property Taxes $45,362.96 $2,511.62 $3,794.12 $3,139.48 $148,029.66 $9,083.62 $211,921.46 FY2012 Taxes Delinquent incl. Interest Due* $46,572.62 $2,578.59 $3,895.29 $3,223.20 $151,977.02 $9,325.84 $217,572.56 2011 Tax Liens & Interest Due-to-Date* $57,674.65 $3,256.19 $4,876.17 $4,051.69 $181,672.91 $11,220.36 $262,751.97 Total now Dueto-Date* $104,247.27 $5,834.78 $8,771.46 $7,274.89 $333,649.93 $20,546.20 $480,324.53 * Interest Due is calculated by Treasurer accruing through February 28th, 2013 (not at 12/31/12). Zoning The subject is now re-zoned as “DTC”, Downtown Gateway District, by the city of Phoenix. The property was rezoned in 2011 from the previous combined zones of C-2, HR-1, TOD-1 (Intermediate Commercial, High-Rise Zone, Transit-Oriented District), though the previous ‘Approvals’ for the subject development are generally the same based upon our conversation with City of Phoenix Planning Department. The DTC zoning allows for a range of commercial uses that provides a building height and density of 375 foot building height and up to 218 units per acre (5.553 net acres x 218 units per acre = 1,211 units); about the same 1,200 residential units as previously entitled and the 1,020 originally planned by BSR. It allows retail/office space to be included within the development plans. We are not experts in the interpretation of complex zoning ordinances, but the property “as proposed” appears to be a conforming use based on our review of public information. The determination of compliance is beyond the scope of a real estate appraisal. We know of no other deed restrictions, private or public, that further limit the subject’s use. The research required to determine whether or not such restrictions exist, however, is beyond the scope of this appraisal assignment. Deed restrictions are a legal matter and only a title examination by an attorney or Title Company can usually uncover such restrictive covenants. Thus, we recommend a title search to determine if any such restrictions do exist. NAI Valuation Services Group 13-203-DAP 25 SITE DESCRIPTION Zoning Map from City of Phoenix website with subject site highlighted in light green NAI Valuation Services Group 13-203-DAP 26 HIGHEST AND BEST USE Definition of Highest and Best Use According to The Dictionary of Real Estate Appraisal, Fifth Edition (2010), a publication of the Appraisal Institute, the Highest and Best Use is defined as: The reasonably probable and legal use of vacant land or an improved property, which is physically possible, appropriately supported, financially feasible, and that results in the highest value. The four criteria the highest and best use must meet are legal permissibility, physical possibility, financial feasibility, and maximum profitability. Highest and Best Use Criteria We evaluated the site's Highest and Best Use both as currently improved and as if vacant. In both cases, the property’s highest and best use must meet four criteria. That use must be (1) legally permissible, (2) physically possible, (3) financially feasible, and (4) maximally productive. Legally Permissible The 1st test concerns permitted uses. According to our understanding of the zoning ordinance, noted earlier in this report, the site may legally be improved with structures that accommodate commercial, residential, and retail uses. Aside from the site's new DTC zoning and regulations, we are not aware of any legal restrictions that limit the potential uses of the subject. Physically Possible The 2nd test is what is physically possible. As discussed in the "Site Description," the site's large size, nearly square shape, soil, and level topography, etc. do not physically limit its use. The subject site is of adequate shape and size to accommodate virtually all urban uses. Financial Feasibility and Maximal Productivity The 3rd and 4th tests are, respectively, what is feasible and what will produce the highest net return. After analyzing the physically possible and legally permissible uses of the property, the highest and best use must be considered in light of financial feasibility and maximum productivity. For a potential use to be considered, it must provide a sufficient return to attract investment capital over alternative forms of investment. A positive net income or acceptable rate of return would indicate that a use is financially feasible. Highest and Best Use of Site “As Vacant” Considering the subject site’s size, configuration, infrastructure, location among other Central Corridor properties in Phoenix, it is our opinion that the Highest and Best Use of the subject site “as vacant” is to start construction with a mixed-use project of office/retail/high-density condominium housing only when potentially financially feasible in 2014-2015. Please note that we have not performed a Market or Feasibility Study. Existing projects, both small and large, experienced a significant recession from 2007 and into 2011; a negative trend that started to fairly aggressively turn around mid to late-2011 in targeted micro-markets as pent-up demand, population and job growth re-emerged. However, projects that have not yet started construction remain postponed until the economic climate for urban, high-density housing development is further improved and debt funding more readily available. NAI Valuation Services Group 13-203-DAP 27 LAND VALUATION Methodology There are three generally accepted approaches available in developing an opinion of value: the Cost, Sales Comparison and Income Capitalization approaches. We have considered only the (Land) Sales Comparison Approach as appropriate and relevant in this appraisal to develop an opinion of the market value of the subject as the subject is vacant land. In appraisal practice, an approach to value is included or eliminated based on its applicability to the property type being valued and the quality of information available. Therefore, the Cost Approach, the (Improved) Sales Comparison Approach, and the Income Capitalization Approach were not utilized. Land Valuation Developing an opinion of land value is typically accomplished via the (Land) Sales Comparison Approach by analyzing sites of comparable utility adjusted for differences, to indicate a value for the subject parcel. Valuation is typically accomplished using a unit of comparison such as price per square foot. Adjustments are applied to the units of comparison from an analysis of comparable sales, and the adjusted unit of comparison is then used to derive a total value. The reliability of this approach is dependent upon (a) the availability of comparable sales data; (b) the verification of the sales data; (c) the degree of comparability; and (d) the absence of non-typical conditions affecting the sales price. For this methodology, we analyzed prices buyers have recently paid for similar land in the area, as well as examined current offerings and spoke with several local brokers regarding the downtown/midtown Phoenix land market. In making comparisons, we adjusted the sale prices for differences between this site and the comparable sites. We have presented on the following pages a summary of pertinent details of sites (land) recently sold that we have compared to the subject. Real estate developers make qualitative and quantitative judgments in the acquisition of a site with development potential such as the subject site. Subjectively, a developer considers the nature of surrounding land uses and proximity to complimentary services to a potential project. Objectively, the physical and functional attributes of the site, and the cost of preparing it for construction must be calculated. Lying between these two considerations are the many aesthetic and economic factors which come to influence the final product. The major elements of comparison for analysis of this type include the property rights conveyed, the financial terms incorporated into a particular transaction, the conditions or motivations surrounding the sale, changes in market conditions since the sale, the location of the real estate, its utility and the physical characteristics of the property. Adjustment Process Property Rights Conveyed Each of the sales utilized in this analysis involved the transfer of the fee simple interest. Therefore, no adjustments were required for property rights conveyed. NAI Valuation Services Group 13-203-DAP 28 LAND VALUATION Financial Terms To the best of our knowledge, all of the sales utilized in this analysis were accomplished with cash or market-oriented financing. Therefore, no adjustment for financial terms is required for the comparables. Conditions of Sale Adjustments for conditions of sale usually reflect the motivations of the buyer and the seller. In many situations, the conditions of sale may significantly affect transaction prices. However, the sales used in this analysis are considered to be "arms-length" market transactions between both knowledgeable buyers and sellers on the open market. Therefore, no adjustments for conditions of sale are required for the first three comparables. Market Conditions The sales included in this analysis are dated February through November 2012. Though the land market is still stabilizing, zoned, approved, and assembled properties in core markets like the subject are starting to experience price appreciation based upon the ever-increasing multifamily market demand; both locally and nationally. Similarly, the metro Phoenix market has been experiencing very large price increases in single-family housing and the residential development land due to accelerating housing demand. The dramatic upward shift in the offer prices for the subject from $20 to $35 per square foot in the 2nd half of 2011 to about $41 per square foot in mid-2012, and then upward to $58.75 per square foot at the end of 2012 is a highly visible signal of the demand shift occurring in the local market. However, the offers have not yet resulted in a closed sale. Therefore, a true market value of the subject is considered to be less than the most recent offer price. As regards the subject, there are few large, assembled properties available for future development i.e. most land sales are tiny, infill and redevelopment sites that are still in the process of being assembled, or will be developed with small, low-density multi-family projects. We extensively researched local market database (multiple times) and the sales data presented represents the most current data within the competitive submarket. Only a few comparable sales were discovered during the past 12 months, though many more For Sale properties are now on the market. The leading indicators for U.S. economic conditions, though generally positive, are still unsettled and volatile given both the fickle economic and unpredictable political climate. A conservative upward adjustment of 5% per annum was made to the comparables as the market has clearly started to trend upward; especially those properties with multi-family zoning. The consensus of broker opinions (and ours) is that the land market, the first property type to collapse during this recessionary cycle starting in late 2006, has already hit market bottom and is starting to recover. It is their opinion that many recent sales are still reflective of fairly low market pricing, though targeted, excellent locations for proposed multi-family construction are in demand. We’re noting locally that the quantity of current For Sale land data has significantly increased and therefore the subjective aspect of our market value adjustments is lessened. However, the NAI Valuation Services Group 13-203-DAP 29 LAND VALUATION market recovery remains somewhat tentative due to the national economy, budget issues and the U.S. debt burden i.e. there remains a concern among a minority of economists that a double-dip recession is possible. We make this point suggesting that the change in subject market value every six months may not necessarily track with the global Market Conditions adjustment that, in this case, is defined as five percent (5%) per annum. Location An adjustment for location is required when the locational characteristics of a comparable property are different from those of the subject. The subject is considered to have a very good location, though not as good as the comparable properties located in downtown Scottsdale where the comparables are located within the heart of the restaurant/entertainment, shopping/art store venues. The subject does have very good access and visibility, but it lacks the “walkability” amenity and the international draw of the downtown Scottsdale locations. We have made a negative adjustment to those comparables considered superior in location versus the subject. Conversely, a positive adjustment was made to those comparables considered inferior. Each comparable was adjusted accordingly. Public Utilities All of the urban land sales, like the subject, had full access to public utilities (water, sewer, electricity, natural gas, telephone) at the time of sale. Therefore, no adjustments for this characteristic were required. Utility The subject site has good utility. The property is adequately shaped to accommodate a highrise, high-density residential/commercial complex as zoned and proposed, and it has superior access, frontage and visibility. Site size was also considered within this category. In high-density, urban submarkets along the Central Corridor, please note that a large parcel often has a greater unit value i.e. higher square foot value than smaller properties due to the value created by the assemblage (time and cost) effort of several small parcels. When a comparable is considered to have superior or inferior utility and size, an adjustment was made. Unit Density (Dwelling Units per acre) and Zoning The subject appears to be appropriately zoned to complete the proposed residential project under its DTC-Downtown Gateway zoning, though feasibility for development near-term is still questionable given the significant project size, and therefore yield risk. Most of the comparables provide much lower development densities and building heights than the subject, and are therefore less valuable. We also analyzed and adjusted for the dwelling units (DU’s) per acre buildable comparing the sales data to the subject. Typically, higher density land is more valuable per square foot if a higher utilization can be gained per square foot. However, the market value only exists if the market demand for the higher density exists. NAI Valuation Services Group 13-203-DAP 30 LAND VALUATION Discussion of Comparable Land Sales Land Sale No. 1 This is the sale of a 3.35-acre parcel located along the Scottsdale Waterfront in downtown Scottsdale, Arizona. The property is zoned D/RCO-2 by the city of Scottsdale. Given its location south of Scottsdale Fashion Square and zoning, it is suitable for a 259 high density, mid-rise multi-family or condo/loft unit development. It was sold by the Starwood Capital Group in February 2012 for a price of $13,500,000 or $92.53 per square foot. After all adjustments, this sale indicated an adjusted subject unit value of $86.85 per square foot. Land Sale No. 2 This is the sale of a 9.7-acre parcel located adjacent north of Scottsdale Fashion Square in downtown Scottsdale, Arizona, and is the undeveloped Phase 3 land of the Scottsdale Portales condominium project. The property is zoned D/RC-O 2 by the city of Scottsdale with an approval for 369 dwelling units or 38 du’s per acre. It sold in February 2012 for an REO price of $13,877,500 or $32.84 per square foot after one year in escrow. After all adjustments, this sale indicated an adjusted unit value of $44.92 per square foot. Land Sale No. 3 This is the sale of a 2.11-acre parcel located along the Rio Salado river bank in Tempe, Arizona just north of Arizona State University. This property is zoned MU-4 by the city of Tempe allowing 262 units or 124 dwelling units per acre. It closed escrow in April 2012 after one year in escrow for $2,700,000 or $29.41 per square foot. After all adjustments, this sale indicated an adjusted unit value of $39.34 per square foot. Land Sale No. 4 This is the sale of a 7.8-acre parcel called Archstone Tempe located at the northwest corner of Scottsdale Road and Curry in Tempe, Arizona at the southern edge of Scottsdale. This property is zoned R-5, an intensive multifamily zoning by the city of Tempe. It sold in August 2012 for a price of $8,800,000 or $25.90 per square foot including $300,000 for existing retail center demolition. After all adjustments, this sale indicated an adjusted unit value of $51.08 per square foot. Land Sale No. 5 This is the sale of a 26,615 square foot parcel located at the southeast corner of Portland and 3rd Streets just north of downtown Phoenix, Arizona. This property is zoned R-5 by the city of Phoenix. It sold for $525,000 or $19.3 per square foot of land area. After all adjustments, this sale indicated an adjusted unit value of $36.64 per square foot. Summary of Land Data and Opinion of Land Value After adjustments, the five land sales reflect a broad range in unit pricing ranging from $34.94 to $86.85 per square foot of land with an average or Mean of $50.89 per square foot. Though we were able to find relatively recent land sales with good proximity and/or reasonably good similarity to the subject, the land market is still complex and difficult to interpret, though NAI Valuation Services Group 13-203-DAP 31 LAND VALUATION improving when compared to the recent past. We have also spoken with brokers active in the local land market who have stated that there is a rising demand for core market properties, though land market investors remain skittish (note the recently failed subject escrow) and generally restricted to cash-only transactions that narrow the buyer ‘pool’. Overall, the local market has started to accelerate at the consumer level for well-located singlefamily and condominium product, though not yet at a rate to induce a sizable amount of development near-term. Speculative land buyers understand that they will have to hold a site for two+ years before development may be feasible. They will only purchase property at a price where they can hold for two+ years before development or re-sale to a development company, and still make a profit for their investors. The subject is a large, highly desirable long-term hold property with dual arterial/excellent corner exposure on Central Avenue and McDowell Road. It has a superior locational attribute to all of the comparables. It has a large site size characteristic in a mature, dense submarket where large properties are difficult and costly to assemble. Still, demand for investment grade property is shallow as demand indicators for big project development remains risky. The subject site is in a very good, high visibility location and, when demand reoccurs, the subject should then command a top of market price. Therefore, the subject is best represented by a value at the mid-range on the Adjustment Grid. We conservatively conclude that the indicated retrospective “as is” value by the (Land) Sales Comparison Approach as of the December 31st, 2012 date of value was: Square Feet Land Area (gross sq. ft.): 246,759 Indicated Value per Square Foot: x $50.00 Indicated Land Value: Rounded Land Value….. $12,337,950 $12,340,000 Please note that the Value Conclusion does not deduct the $262,751.97 in 2011 Tax Liened and $217,572.56 in 2012 Delinquent property taxes including penalties and interest-to-date totaling $480,324.53. All six of the subject parcels have Certificates of Purchase of Tax Liens against them. Your continued ownership is at risk. NAI Valuation Services Group 13-203-DAP 32 LAND VALUATION LAND SALES LOCATION MAP NAI Valuation Services Group 13-203-DAP 33 LAND VALUATION SUMMARY OF LAND SALES No. 1 2 Buyer Seller Location 7025 E. Via Soleri Drive Scottsdale, AZ 5000 N. Portales Place Scottsdale, AZ Broadstone Scottsdale Waterfront, LLC Scottsdale Waterfront, LLC c/o Starwood Capital Group JLB Portales Partners, LP PPP Loan, LLC Pier at Town Lake, LLC 3 WIDBPP Loan Fund II, LLC Zoning Utility* $/SqFt DU's/Acre $13,500,000 145,904 SF D/RCO-2 $92.53 2/12 3.35 Ac Excellent 77.3 $13,877,500 422,532 D/RC-O 2 $32.84 2/12 9.70 Ac Excellent 38.0 $2,700,000 91,807 MU-4 $29.41 4/12 2.11 Ac Good 124.2 $8,800,000 339,768 SF R-5 $25.90 8/12 7.80 Ac Good 30.0 $525,000 26,615 SF R-5 $19.73 11/12 0.61 Ac Avg N/Ap Price Date $525,000 $13,877,500 $7,650,625 2/12 11/12 5/12 Site SqFt Site Acres 26,615 SF 422,532 SF 171,715 SF 0.00 Ac 9.70 Ac 3.15 Ac 246,759 5.66 Zoning Utility* N/A N/A N/A N/A N/A N/A DTC Good $/SqFt DU's/Acre $19.73 $92.53 $43.63 30.0 124.2 67.4 N/A 218 NWC Scottsdale Rd. & Curry Rd Scottsdale, AZ Archstone Tempe, LLC 3rd & Portland LLC 5 Site SqFt Site Acres NEC Rio Salado Pky & Rural Rd Tempe, AZ Southbank ASU, LLC 4 Price Date SEC Roosevelt Str. & 3rd Str. Phoenix, AZ Rialto Capital Management Survey Low Survey High Average Survey Low Survey High Average Subject NAI Valuation Services Group 13-203-DAP COMMENTS Proposed multi-family site located on the Scottsdale Waterfront area directly south of Scottsdale Fashion Square in the heart of Scottsdale. A 259-unit luxury apartment complex is to be developed and soon to break ground. The property was in escrow for almost one year, though the existing zoning and entitlements allowed for the proposed construction. The purchase price is equal to $52,124 per unit and the dwelling unit density is 77.3 units per acre. REO sale (lender-owned property). Property was under contract for about nine months prior to closing. The site is the former Portales Place Phase III condominium site now proposed for 369 luxury apartment units. Located directly north of the Scottsdale Fashion Square retail mall complex inthe heart of Scottsdale and adjacent west of the prior phases of the condominium project. Lot 3 was a "direct exchange" where the seller 1st sold an adjoining parcel to the City of Tempe, the City then sold their Lot 3 parcel to original seller, who in turn resold Lot 3 to Southbank ASU at the same price for development of a 15,000 sf, 2story mixed-use retail and a 262-unit senior housing community in a 17-story tower called The Villas at Southbank. Property located just north of Arizona State Unitversity and adjacent to the Karsten Golf Course. REO sale (lender owned property) on a site formerly improved with a large retail structure. Recorded purchase price was $8.5M, but buyer spent $300,000 demolishing the structures on-site so that they could build a 234-unit apartment complex. Property had to be re-zoned by buyer to secure approval for apartment construction. This all-cash transaction did not involve brokerage. The porperty is to be held as a land investment; not for immeidate multi-family development. It is located south of the I-10 three blocks east of Central Avenue in the area north of the arizona Center. 34 LAND VALUATION LAND SALE ADJUSTMENT GRID $/SqFt No. Date 1 $92.53 2/12 2 $32.84 2/12 3 $29.41 4/12 4 $25.90 8/12 5 $19.73 11/12 Property Rights Conveyed Fee Simple/Mkt. 0.0% Fee Simple/Mkt. 0.0% Fee Simple/Mkt. 0.0% Fee Simple/Mkt. 0.0% Fee Simple/Mkt. 0.0% Economic Adjustments Financing & Conditions Exp. After of Sale Purchase Arms-Length 0.0% Arms-Length 25.0% Arms-Length 0.0% Arms-Length 25.0% Arms-Length 0.0% SUMMARY Price Range Unadj. $/SF Low $19.73 High $92.53 Average $40.08 Net Adjustment Range Low -10.0% High 85.0% Average 30.0% CONCLUSION Indicated Value Site Area Indicated Value Rounded to nearest $10,000 Per square foot NAI Valuation Services Group 13-203-DAP None 0.0% None 0.0% None 0.0% None 0.0% None 0.0% Property Characteristic Adjustments Market* Conditions Subtotal Inferior 4.3% Inferior 4.2% Inferior 3.3% Inferior 1.8% Inferior 0.4% $96.51 4.3% $42.78 30.3% $30.38 3.3% $32.96 27.3% $19.80 0.4% Location Superior -25.0% Superior -25.0% Inferior 5.0% Inferior 20.0% Inferior 30.0% Adj. $/SF $34.94 $86.85 $50.89 Public Utilities Size/ Utility** Unit Density Adj. $/SqFt Similar 0.0% Similar 0.0% Similar 0.0% Similar 0.0% Similar 0.0% Similar 0.0% Similar 0.0% Similar 0.0% Inferior 5.0% Inferior 25.0% Inferior 15.0% Inferior 30.0% Inferior 10.0% Inferior 30.0% Inferior 30.0% $86.85 -10.0% $44.92 5.0% $34.94 15.0% $51.08 55.0% $36.64 85.0% Overall Superior Inferior Inferior Inferior Inferior *Market Conditions Adjustment Compound annual change in market conditions: 5.00% Date of Value for adjustment calculations: 12/31/12 **Size/Utility includes shape, access, frontage and visibility. Larger square footage sites are often more valuable in a high-density urban environment i.e. assemblage value, the site size adjustments are reflected in the UTILITY category. $/SqFt $50.00 x 246,759 $12,337,950 $12,340,000 $50.01 3 35 ASSUMPTIONS AND LIMITING CONDITIONS "Appraisal" means the appraisal report and opinion of value stated therein, to which these Assumptions and Limiting Conditions are annexed. "Property" means the subject of the Appraisal. "NAI" means NAI Horizon Valuation Services Group, LLC or its subsidiary which issued the Appraisal. "Appraiser" or “Appraisers” means the employee(s) of NAI Horizon Valuation Services Group, LLC who prepared and signed the Appraisal. General Assumptions This appraisal is made subject to the following assumptions and limiting conditions: 1. No opinion is intended to be expressed and no responsibility is assumed for the legal description or for any matters which are legal in nature or require legal expertise or specialized knowledge beyond that of a real estate appraiser. Title to the Property is assumed to be good and marketable and the Property is assumed to be free and clear of all liens unless otherwise stated. No survey of the Property was undertaken. 2. The information contained in the Appraisal or upon which the Appraisal is based has been gathered from sources the Appraiser assumes to be reliable and accurate. Some of such information may have been provided by the owner of the Property. Neither the Appraiser nor NAI shall be responsible for the accuracy or completeness of such information, including the correctness of opinions, dimensions, sketches, exhibits and factual matters. 3. The opinion of value is only as of the date stated in the Appraisal. Changes since that date in external and market factors or in the Property itself can significantly affect property value. 4. The Appraisal is to be used in whole and not in part. No part of the Appraisal shall be used in conjunction with any other appraisal. Publication of the Appraisal or any portion thereof without the prior written consent of NAI is prohibited. Except as may be otherwise stated in the letter of engagement, the Appraisal may not be used by any person other than the party to whom it is addressed or for purposes other than that for which it was prepared. No part of the Appraisal shall be conveyed to the public through advertising, or used in any sales or promotional material without NAI prior written consent. Reference to the Appraisal Institute or to the MAI designation is prohibited. 5. Except as may be otherwise stated in the letter of engagement, the Appraiser shall not be required to give testimony in any court or administrative proceeding relating to the Property or the Appraisal. 6. The Appraisal assumes (a) responsible ownership and competent management of the Property; (b) there are no hidden or unapparent conditions of the Property, subsoil or structures that render the Property more or less valuable (no responsibility is assumed for such conditions or for arranging for engineering studies that may be required to discover them); (c) full compliance with all applicable federal, state and local zoning and environmental regulations and laws, unless noncompliance is stated, defined and analyzed in the Appraisal; and (d) all required licenses, certificates of occupancy and other NAI Valuation Services Group 13-203-DAP ASSUMPTIONS AND LIMITING CONDITION governmental consents have been or can be obtained and renewed for any use on which the value opinion contained in the Appraisal is based. 7. The physical condition of the improvements analyzed within the Appraisal is based on visual inspection by the Appraiser or other person identified in the Appraisal. NAI assumes no responsibility for the soundness of structural members nor for the condition of mechanical equipment, plumbing or electrical components. 8. The projected potential gross income referred to in the Appraisal may be based on lease summaries provided by the owner or third parties. The Appraiser has not reviewed lease documents and assumes no responsibility for the authenticity or completeness of lease information provided by others. NAI recommends that legal advice be obtained regarding the interpretation of lease provisions and the contractual rights of parties. 9. The projections of income and expenses are not predictions of the future. Rather, they are the Appraiser's opinion of current market thinking on future income and expenses. The Appraiser and NAI make no warranty or representation that these projections will materialize. The real estate market is constantly fluctuating and changing. It is not the Appraiser's task to predict or in any way warrant the conditions of a future real estate market; the Appraiser can only reflect what the investment community, as of the date of the Appraisal, envisages for the future in terms of rental rates, expenses, supply and demand. 10. Unless otherwise stated in the Appraisal, the existence of potentially hazardous or toxic materials which may have been used in the construction or maintenance of the improvements or may be located at or about the Property was not analyzed in arriving at the opinion of value. These materials (such as formaldehyde foam insulation, asbestos insulation and other potentially hazardous materials) may adversely affect the value of the Property. The Appraisers are not qualified to detect such substances. NAI recommends that an environmental expert be employed to determine the impact of these matters on the opinion of value. 11. The author of this report is not qualified to comment on environmental issues that may affect the market value of the property appraised, including but not limited to pollution or contamination of land, buildings, water, groundwater or air. Unless expressly stated, the property is assumed to be free and clear of pollutants and contaminants, including but not limited to molds or mildews or the conditions that might give rise to either, and in compliance with all environmental condition, past, present, or future, that might affect the market value of the property appraised. If the party relying on this report requires information about environmental issues then that party is cautioned to retain an expert qualified in such issues. We expressly deny any legal liability relating to the effect of environmental issues on the market value of the property being appraised 12. Unless otherwise stated in the Appraisal, compliance with the requirements of the Americans with Disabilities Act of 1990 (ADA) has not been analyzed in arriving at the opinion of value. Failure to comply with the requirements of the ADA may adversely affect the value of the property. NAI recommends that an expert in this field be employed. NAI Valuation Services Group 13-203-DAP 37 ASSUMPTIONS AND LIMITING CONDITION 13. Additional work requested by the client beyond the scope of this assignment will be billed at our prevailing hourly rate. Preparation for court testimony, update valuations, additional research, depositions, travel or other proceedings will be billed at our prevailing hourly rate, plus reimbursement of expenses. 14. The reader acknowledges that NAI has been retained hereunder as an independent contractor to perform the services described herein and nothing in this agreement shall be deemed to create any other relationship between us. This assignment shall be deemed concluded and the services hereunder completed upon delivery to you of the appraisal report discussed herein. 15. This study has not been prepared for use in connection with litigation and this document is not suitable for use in a litigation action. Accordingly, no rights to expert testimony, pretrial or other conferences, deposition, or related services are included with this appraisal. If, as a result of this undertaking, NAI or any of its principals, its appraisers or consultants are requested or required to provide any litigation services, such shall be subject to the provisions of the NAI engagement letter or, if not specified therein, subject to the reasonable availability of NAI and/or said principals or appraisers at the time and shall further be subject to the party or parties requesting or requiring such services paying the then-applicable professional fees and expenses of NAI either in accordance with the provisions of the engagement letter or arrangements at the time, as the case may be. Extraordinary Assumptions An extraordinary assumption is defined as “an assumption, directly related to a specific assignment, which, if found to be false, could alter the appraiser’s opinions or conclusions. Extraordinary assumptions presume as fact otherwise uncertain information about physical, legal or economic characteristics of the subject property or about conditions external to the property, such as market conditions or trends, or the integrity of data used in an analysis.” (USPAP 2012-2013). Note that we present as an Extraordinary Assumption that we presume that the vacant subject land has not physically changed between the client requested retrospective Date of Value (December 31st, 2012) and the Date of Physical Inspection (February 7th, 2013) that occurred five weeks later. Hypothetical Conditions A hypothetical condition is defined as “that which is contrary to what exists, but is supposed for the purpose of analysis. Hypothetical conditions assume conditions contrary to known facts about physical, legal, or economic characteristics of the subject property or about conditions external to the property, such as market conditions or trends, or the integrity of data used in an analysis.” (USPAP 2012-2013). This appraisal employs no hypothetical conditions. NAI Valuation Services Group 13-203-DAP 38 CERTIFICATION OF APPRAISAL We certify that, to the best of our knowledge and belief: 1. The statements of fact contained in this report are true and correct. 2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and is our personal, impartial, and unbiased professional analyses, opinions, and conclusions. 3. We have no present or prospective interest in the property that is the subject of this report, and no personal interest with respect to the parties involved. 4. We have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. 5. Our engagement in this assignment was not contingent upon developing or reporting predetermined results. 6. Our compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. 7. Our analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Code of Professional Ethics and Standards of Professional Appraised Practice of the Appraisal Institute, which include the Uniform Standards of Professional Appraisal Practice. 8. The property was physically inspected on February 7th, 2013 by Dan A. Paulus, MAI. 9. No one provided significant real property appraisal assistance to the persons signing this report. 10. Mr. Paulus has previously appraised the subject property within the past three years. 11. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. 12. As of the date of this report, Dan A. Paulus, MAI has completed the continuing education program of the Appraisal Institute. Dan A Paulus, MAI, President Arizona Certified General Appraiser License No. 30234 NAI Valuation Services Group 13-203-DAP ADDENDA Addenda Contents ADDENDUM A: Legal Description ADDENDUM B: A.L.T.A. Survey (client provided) ADDENDUM C: Flood Map ADDENDUM D: Qualifications of the Appraiser NAI Valuation Services Group 13-203-DAP ADDENDA ADDENDUM A: Legal Description ADDENDA ADDENDA ADDENDUM B: A.L.T.A. Survey ADDENDA ADDENDA ADDENDUM C: Flood Map ADDENDA ADDENDA ADDENDUM D: Qualifications of the Appraiser ADDENDA