Due Diligence for Property Acquisitions

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1 Due Diligence for Property Acquisitions Presenters: Mary Guinee Principal, Due Diligence Services Ray Sinagra, AIA Sr. Project Manager, Property Condition Assessment Services April 28, 2009

2 Conference for Catholic Facility Management (CCFM) is a Registered Provider with The American Institute of Architects Continuing Education Systems. Credit earned on completion of this program will be reported to CES Records for AIA members. Certificate of Completion for non-aia members are available on request. This program is registered with the AIA/CES for continuing professional education. As such, it does not include content that may be deemed or construed to be an approval or endorsement by the AIA of any material of construction or any method or manner of handling, using, distributing, or dealing in any material or product. Questions related to specific materials, methods, and services will be addressed at the conclusion of this presentation.

3 Overview of Civil & Environmental Consultants, Inc. Founded in Pittsburgh, Pennsylvania in 1989 Operating in 11 offices located in 8 states: Chicago, IL Cincinnati, OH Cleveland, OH Columbus, OH Detroit, MI Export, PA Indianapolis, IN Nashville, TN Pittsburgh, PA St. Louis, MO Phoenix, AZ Employing Over 400 People Three Core Principles: Senior Leadership Integrated Services Personal Business Relationships

4 Overview of Civil & Environmental Consultants, Inc. CEC Practices Civil & Site Development Ecological Services Environmental Services Waste Management Water Resources

5 Due Diligence/Site Analysis Due Diligence Phase I Environmental Site Assessment The USEPA published a final rule setting federal standards for the conduct of all appropriate inquires (AAI) into the previous ownership, uses, and environmental conditions of a property for the purpose of qualifying for innocent purchaser protections under certain federal laws. On Nov. 1, 2005, the ASTM E Phase I Environmental Assessment Process was published, and is the process which satisfies the statutory requirements of conducting AAI.

6 Due Diligence The ASTM Phase I process is used to identify recognized environmental conditions (RECs). RECs are the presence or likely presence of ANY hazardous substance or petroleum products on a property under conditions that indicate an existing release, or a material threat of a release into structures on the property or into the ground, groundwater or surface water of the property.

7 Due Diligence Typical Phase I ESA Process: A. Purchase and review governmental databases B. Purchase and review historical documents: Sanborn maps, historic aerial photographs, USGS topography maps C. Site Reconnaissance (building interiors and exteriors) D Conduct Interviews owners, occupants, local governmental agencies E. Prepare written report with findings and opinions on the presence and impact of RECs

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13 Due Diligence Issues NOT addressed in ASTM 05 process include: Asbestos Lead Paint Lead in Drinking Water Radon Mold Wetlands Oil/Gas Wells These are considered business environmental risks which can have material environmental or environ-mentally driven impact on the business associated with the current or planned use(s) of the property.

14 Due Diligence Why Choose CEC? Property Condition Assessment PCA-Observations and reporting on the physical conditions of the subject property: Architectural MEP Structural Systems other (ADA three levels)

15 Due Diligence Ecological Resources Review Threatened and Endangered Species Jurisdictional Waters and Wetlands Watercourse -- A channel or conveyance of surface water having defined bed and banks, whether natural or artificial, with perennial or intermittent flow.

16 Due Diligence Ecological Resources Review Identify Scope of Environmental Resource Impacts Clean Water Act, Sections 401/404 Requirements Joint Permit Application State Agencies U.S. Army Corps of Engineers

17 Ecological Resources Review Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) Due Diligence

18 Ecological Resources Review FEMA CLOMR Study Due Diligence

19 Due Diligence Preliminary Geotechnical Investigation Previous Mined Land Coal Removal Incidental to Construction

20 Due Diligence Preliminary Geotechnical Investigation Landslide Prone Soils/Landslide Susceptibility Maps

21 Due Diligence Land Title Preparation of ALTA/ACSM Survey Based on a Current Title Report Plot Title Exceptions on Survey Mineral Resources Oil and Gas Wells Coal Rights

22 Due Diligence/Site Planning Site Planning and Site Selection Site Selection Matrix Subdivision / Ordinance Review Stormwater, Infrastructure, Traffic Conceptual Site Planning Conceptual Grading / Earthwork Cost Estimates Transition into Land Development Process

23 Due Diligence/Site Planning Site Selection Matrix

24 Due Diligence/Site Planning Subdivision / Ordinance Review

25 Identify Conflicts with Local Zoning and/or Land Development Ordinances Due Diligence/Site Planning

26 Preliminary Site Utility Assessment Identify Service Providers Identify On-site Transmission Facilities Initiate Sewage Facilities Planning Due Diligence/Site Planning Schematic Stormwater Management Plan Identify Stormwater Retention Requirements Identify Water Quality Best Management Practices (BMP) Requirements Identify Stormwater Infiltration Local Municipality Stormwater requirements Preliminary sizing for Stormwater Facilities Watershed Boundaries Analysis

27 Due Diligence/Site Planning Identify Scope and Extent of Required Road Improvements Traffic Impact Study County and/or State Department of Transportation Coordination Highway Occupancy Permits (HOP) Federal Highway Administration (FHA) Approval of Access to Limited Access Right-of-Way

28 Due Diligence/Site Planning Conceptual Site Planning

29 Due Diligence/Site Planning Preparation of Site Development Construction Cost Estimates Earthwork Utility Extensions Mitigation of Environmental Resource Impacts Offsite Roadway Improvements Utility Relocation Costs Stormwater BMPs and Detention Geotechnical Ground Improvements Becomes Part of Developer s Agreement

30 Due Diligence/Site Planning Questions/Comments