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2003_1124_packet
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2003_1124_packet
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Most local legislation enabling redevelop- <br />ment provides for owner participation. For ex- <br />ample, CAifornia's community redevelopment <br />law requires that; <br />0 a redevelopment plan contain specific pro - <br />visions governing owner participation to the <br />redevelopment; <br />r each agency adopt rules to implement the <br />owner participation provisions contained in <br />the redevelopment plan; <br />8 each agency follow the owner participation <br />provisions of its plans and irriplement.ing reg- <br />ulations in the "course of redevelopment <br />r each plan contain alternative provisions to <br />accornphsh redevelopment if owners do not or <br />cannot undertake the redevelopment; and <br />■ a reasonable preference be afforded to busi- <br />ness ovivners within the project area to contin- <br />ue operating following redevelopment. <br />While most redevelopment agencies do in <br />fact routinely extend an offer to property own- <br />ers to participate in redevelopment, there can <br />be numerous structural and psychological i n- <br />pediments to meaningful owner participation. <br />Often, the redevelopment agency viil identi- <br />fy the property owner with the property as part <br />of the problem. Such perceptions are some- <br />times justified, in that the property owner may <br />have owned the property for a long period of <br />time but lamed the vision of creativity to see <br />its potential. Another obstacle to owner par- <br />ticipation is that redevelopment frequently re- <br />quires assembling several pieces of property <br />for a master - planned redevelopment. Such a <br />large -scale redevelopment project likely is be- <br />yond the ability of a single - parcel property <br />owner to achieve, either financially or in terms <br />of expertise. <br />A further obstacle to owner participation <br />is the increasing number of `specialist" rede- <br />velopment developers, who focus on redevel- <br />opment throughout a region or a state. These <br />developers become familiar with how redevel- <br />opment agencies operate and what redevelop- <br />ment projects require, and the agencies regard <br />them as natural allies. Specialist developers par- <br />ticipate in the same organizations and trade <br />groups as redevelopment agencies, formulate <br />glitzy marketing techniques based on other <br />redevelopment projects in which they have <br />been uivolved, and develop a track record in <br />redevelopment` They are typically sophisti- <br />cated, congenial, and focused, and have ready <br />access to capital- <br />By contrast, owners may- lack the interest or <br />incentive to partidpate in redevelopment, par- <br />ticularly when they have held the property for <br />some tune, have no debt servicing load, and <br />are generating an adequate cash flo %v to carry <br />the prop". <br />If, despite these obstacles, a redevelopment <br />agency comes to term with the owner reprd- <br />ing redevelopment of the property, the agree- <br />ment is documented in an owner participation <br />agreement (OPA), which governs the reiation- <br />ship between the parties. Typically} such an <br />agreement includes provisions regarding the <br />scope, nature, and tirning of development, <br />aged assistance, financin& and the agmcy re- <br />view process. If the agency cannot come to <br />terror with the owner and reaches agreernen <br />with a third -party developer, it often will. eat <br />ter into a development and disposition agree. <br />ment (DDA) with the developer, which in <br />cludes the elements cited above, as well as ar <br />additional element governing acqu� .0 <br />the property on which the de oprniLF +_ ts tc <br />occur, and subsequent transfer of the proper - <br />ty to the doper a=rding to sped Ws <br />Agency stance in the development, whether <br />to an owner -develoM or a third -party devel- <br />oper, can include contribution of land, ft, <br />���� pp� "'1111 Illllu 11114 mPill <br />ul" <br />IIIIIY "Illl�p� IIIII� <br />'11111 <br />mu ■ <br />Ili a iii� October 2003 <br />
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