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HomeMy WebLinkAbout961356.tiff RESOLUTION RE: APPROVE FEASIBILITY ASSESSMENT AGREEMENT BETWEEN WELD COUNTY AREA AGENCY ON AGING AND NCB DEVELOPMENT CORPORATION AND AUTHORIZE CHAIR TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Feasibility Assessment Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Area Agency on Aging and NCB Development Corporation, commencing July 19, 1996, and ending September 30, 1996, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Feasibility Assessment Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Area Agency on Aging and NCB Development Corporation, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of August, A.D., 1996, nunc pro tunc July 19, 1996. BOARD OF COUNTY COMMISSIONERS , /�i WELD COUNTY, COLORADO / ,n0A ST/ � � /' /� //l- FXCI1sFl] Barbara J. Kirkmeyer, Chair W CadMtylerk to e oar C `;.- iawi j,' Fxcllsm 'l n C. orge E. Baxter, ro-Tem BY: ...--‘,00-4, Deputy er to the Board Dale K. Hall APP D AS TO FO �1»s-ax�t�X9 .7 Constance L. Hrbert /� ount rn�Y /� M (V�/. Zho / W._Fl- ebster 961356 M % NC,;[ F; /YCPi HR0067 firellirsm NCB Development Corporation FEASIBILITY ASSESSMENT AGREEMENT This Feasibility Assessment Agreement(the "Agreement") is made and entered into this 19th day of July, 1996 by and between NCB Development Corporation, a District of Columbia corporation("NCBDC") and the Board of County Commissioners of the County of Weld, State of Colorage, on behalf of the Weld County Area Agency on Aging (the "Sponsor"). WHEREAS, NCBDC is a nonprofit corporation duly formed, validly existing, and in good standing under the laws of the District of Columbia and qualified to transact business in the State of California and otherwise where and as required by its operation. WHEREAS,NCBDC is undertaking a program for the development of community-based systems of care for the frail elderly in rural communities throughout the United States called the Coming Home Program. WHEREAS, under the Coming Home Program,NCBDC works with local community organizations to contribute to a sponsor's development and management of a Coming Home Program project through capital and technical services. WHEREAS, NCBDC, through the Coming Home Program, provides technical and financial assistance to community-based project sponsors to assist project sponsors in the design and implementation of systems of care that coordinate and integrate health, social and personal care services and housing for the elderly residing in the sponsor's community. WHEREAS, to be selected as a Coming Home Program project sponsor, the project sponsor, among other things, must meet various site selection criteria developed by NCBDC. WHEREAS,NCBDC has identified the Sponsor as a potential Coming Home Program project sponsor. WHEREAS,NCBDC and the Sponsor wish to undertake a feasibility assessment to determine whether the necessary financial and management capability are present to allow the Sponsor to meet the Coming Home Program's goals and the Sponsor's community contains a viable project site. -14 Montgomery Street. Suite ti 10 A national progr:on suhponcd I)\ San Francisco, CA 94104 The Robert Wood Johnson Found.tuon (415) 834-6980 with direction and techni(:al assist incc Fax (415) 834-6985 provided be NCR Development C rpotation 961356 WHEREAS,NCBDC and the Sponsor agree that NCBDC shall retain a consultant or consultants (the "Consultant") to perform the feasibility assessment and that the Sponsor shall reimburse NCBDC for twenty percent(20%) of the Consultant's costs and shall cooperate with and assist the Consultant during the feasibility assessment. WHEREAS, based on the Consultant's feasibility assessment and NCBDC's continued experience with the Coming Home Program, NCBDC may or may not decide to proceed with implementing the Coming Home Program in the Sponsor's community. NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement,NCBDC and the Sponsor agree as follows: 1. TERM OF AGREEMENT. The term of this Agreement is for three (3) months and shall commence on the date of this Agreement written above. This Agreement shall terminate on September 30, 1996 unless terminated earlier pursuant to Section 3, below. 2. CONSULTANT. NCBDC and the Sponsor agree that: a. NCBDC shall retain Moore Diversified Services, Inc. of Fort Worth, Texas as the Consultant to perform the feasibility assessment to determine the financial and management capability available to the Sponsor and to determine whether the Sponsor's community contains a viable project site for the Coming Home Program. NCBDC shall be responsible for determining the scope of services to be performed by the Consultant and shall supervise the Consultant during the feasibility assessment. The Consultant shall submit all reports and related materials to NCBDC for its review and approval. NCBDC shall submit the draft and final Consultant report to the Sponsor. b. The Consultant shall be paid a total of Twelve Thousand Six Hundred Dollars ($12,600) for conducting the feasibility assessment as described in Exhibit A. NCBDC shall pay the Consultant directly for services rendered. c. The Sponsor will reimburse NCBDC for twenty (20%) of the costs for a total reimbursement by the Sponsor of Two Thousand Five Hundred Twenty Dollars ($2,520) for the feasibility assessment, unless reimbursement is increased as provided for under paragraph 4 below. Any Consultant costs which exceed the total Consultant contract amount specified above shall be the responsibility of NCBDC and the Sponsor shall have no obligation to reimburse NCBDC for any of those costs. d. The Sponsor will reimburse NCBDC twenty percent (20%) of each payment to Consultant within ten(10) working days after NCBDC provides written documentation to the Sponsor of NCBDC's payment to Consultant. 2 961356 e. The Sponsor agrees to cooperate with the Consultant in conducting the feasibility assessment. The Sponsor shall provide the Consultant with information requested by the Consultant regarding the Sponsor's organization and shall assist the Consultant, where possible, in the consultant's collection of the necessary financial and market information to determine the viability and the scope of the proposed project and any project site or sites. £ Should the feasibility assessment show that a project is feasible and that project proceeds to construction, the cost of the feasibility assessment shall become a capitalized cost of the Project and both Sponsor and NCBDC shall be reimbursed from the construction loan according to their payments as stated in Section 2(b) and 2(c) above. 3. TERMINATION OF AGREEMENT. NCBDC or the Sponsor may terminate this Agreement without cause upon fifteen (15) days written notice to the other party stating the date of termination. Such termination notice shall be made in accordance with the Notice section of this Agreement. Upon termination of this Agreement, the Sponsor shall reimburse NCBDC twenty percent(20%) for all work performed by the Consultant which is paid or payable as of the date of termination. 4. NO OBLIGATION BEYOND FEASIBILITY ASSESSMENT. NCBDC and the Sponsor agree that NCBDC has no obligation to select the Sponsor as a project sponsor in the Coming Home Program and that any decision to select a Coming Home Program project sponsor shall be made in NCBDC's sole discretion. NCBDC and the Sponsor agree that the Sponsor shall not have any obligation to participate in the Coming Home Program beyond the feasibility assessment period. However, if the Sponsor elects not to participate in the Coming Home Program following completion of the feasibility assessment, and assuming a project is otherwise viable based on the Consultant's analysis and Coming Home Program guidelines, then the Sponsor may be obligated to reimburse NCBDC for 100% of the amount paid to the Consultant as described in Section 2(b) above. 5. NOTICES. Any notice to be given pursuant to this Agreement by either party may be accomplished by first class certified mail, return receipt requested or express delivery with receipt. Notices shall be addressed as set forth below, and each party may change its address by written notice in accordance with this Section 5. 3 961356 To NCBDC: NCB Development Corporation 44 Montgomery Street Suite 610 San Francisco, CA 94104 Attn: John Rimbach To Sponsor: Board of County Commissioners of the County of Weld, State of Colorado, on behalf of the Weld County Area Agency on Aging 1557 North 17th Ave. P.O. Box 1805 Greeley, CO 80632 ATTN: Barbara J. Kirkmeyer, Chair Notice shall be deemed received on the date shown on the delivery receipt as the date of delivery, the date delivery was refused or the date the notice was returned as undeliverable. 6. RIGHT OF FIRST REFUSAL TO EXTEND CREDIT. The Sponsor shall extend to NCBDC the right of first refusal to extend credit or financial advisory services necessary to meet financing requirements that arise during implementation of the Coming Home Program. NCBDC will be able to exercise this right in its sole discretion. The Sponsor may deny NCBDC's right to provide such financing only in the event that the Sponsor is able to secure financing elsewhere on terms and conditions more favorable than those offered by NCBDC. 7. ARBITRATION. All disputes arising out of this Agreement shall be submitted to the American Arbitration Association and finally determined by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association then in effect. The arbitration award shall be final and the judgment may be entered pursuant to the award by any court with appropriate jurisdiction. A party may submit a request for arbitration by submitting a written request to the other party as specified by this Agreement. 8. ASSIGNMENT. Neither NCBDC nor the Sponsor shall assign this Agreement or any portion of this Agreement or to delegate any duties or obligations arising under this Agreement without the express written consent of the other party. 9. WAIVER. Any waiver by a party of any obligation in this Agreement must be in writing. No waiver will be implied from any delay or failure by a party to take action on any breach or default of the other party. Consent by a party to any act or omission by the other party shall not be construed to be a consent to any other or subsequent act or omission or to waive the requirement for written consent to future waivers. 4 961356 10. AMENDMENTS AND MODIFICATIONS. Any amendments or modifications to this Agreement must be in writing, and shall be made only if executed by both NCBDC and the Sponsor. 11. ATTORNEYS' FEES. In the event of any action between the parties to this Agreement to enforce any of the provisions of this Agreement,the unsuccessful party to such action agrees to pay to the successful party all costs and expenses, including reasonable attorneys' fees incurred by the successful party, all of which may be included as part of the judgment rendered in such action. 12. SEVERABILITY. If any provision of this Agreement shall be invalid or unenforceable the remaining provisions shall not be affected thereby, and every provision hereof shall be valid and enforceable to the fullest extent permitted by law. 13. HEADINGS. The title and headings of the various sections of this Agreement are intended for means of reference and are not intended to place any construction on the provisions of this Agreement. 14. ENTIRE AGREEMENT. The terms of this Agreement are intended by NCBDC and the Sponsor as a final expression of their agreement and supersede any prior or contemporaneous agreement. NCBDC and the Sponsor further intend that this Agreement constitutes the exclusive statement of its terms and that no extrinsic evidence whatsoever may be introduced in any proceedings involving this Agreement. 15. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 16. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall constitute one and the same instrument. 17. NO THIRD PARTY BENEFICIARY ENFORCEMENT. It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relative to such enforcement, shall be strictly reserved to NCBDC and the Sponsor, and nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any other person on this Agreement. It is the express intention of NCBDC and the Sponsor that any entity other than NCBDC or the Sponsor receiving services or benefits or who is otherwise affected by the performance of the terms of this Agreement shall be deemed an incidental beneficiary only. 18. NO WAIVER OF IMMUNITIES. No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, nor shall any portion of this Agreement be deemed to have created a duty of care with respect to any persons not a party to this Agreement. 5 961356 The parties have executed this Agreement on or as of the date first above written. NCBDC: SPONSOR: NCB Development Corporation Board of County Commissioners of the County of Weld, State of Colorado, on behalf of the Weld ��•. Area Agency on Aging q: D dNolan • �` Hal, Tem orar �Ch 96 Chair Its: Vice President WI AC r V117 ir 961356 MARKET FEASIBILITY STUDY DACONA, COLORADO • WORK SCOPE • SCHEDULE • PROFESSIONAL FEES June 18, 1996 NIOSMoore Diversified Services, Inc. Market Research/Business Consulting 817-731-4266 • Fax 817-738-2O31 3001 Halloran Street - Suite C • Fort Worth, Texas 76107 961356 EXHIBIT 1 SCHEDULE FOR THE DACONA, COLORADO PROJECT Assume June 28th Go-Ahead I. Project Authorization 6/28 II. Preliminary Data Work-Up, Site Area Inspection To be and Field Research Trip: Scheduled • Project Go/No-Go Decision' III. Complete Technical Exhibits 7/29 IV. Submit Final Report: 8/5 • Client and National Cooperative Bank Briefing MDS can modify these schedule milestones to accommodate specific sponsor and National Cooperative Bank needs. 'Project can be stopped/terminated at this point should evidence and research findings point to a project of questionable feasibility. A go/no-go decision will be made before costs of not more than $5,000 are incurred. 1 961356 EXHIBIT 2 CONSOLIDATED PROFESSIONAL FEES FOR MARKET FEASIBILITY STUDY IN DACONA, COLORADO I. MDS' Firm-Fixed Consulting Fee • Typical Market Feasibility Study Professional Fee $14,800 • Fee Reduction for Small Market Consideration -- 15% (2,220) • Additional Fee Reduction for Conducting Multiple Studies Concurrently -- 10% 1 4� Subtotal $11,100 • Plus Fee for Additional Work Scope as Outlined in Memo Dated January 4, 1996 and Included as Attachment B 1,500 TOTAL COST $12,600 Plus Expenses' II. Progress Payment Schedule Total Cost $12,600' • Project Initiation Fee 50% $ 6,300 • Delivery of Preliminary Draft of Report for Review by Client 40 5,040 • Delivery/Acceptance of Final Report 10 1,260 'This firm-fixed consulting fee would not include travel and lodging expenses incurred with field trips to the area, long distance telephone charges and Federal Express and other courier methods authorized by the client. These out-of-pocket expenses will be billed at direct cost to the client -- with no markup. 2 961356 ATTACHMENT A MARKET FEASIBILITY STUDY WORK SCOPE MOSMoore Diversified Services, Inc. Market Research/Business Consulting 817-731-4266 • Fax 817-738-2O31 3001 Halloran Street - Suite C • Fort Worth, Texas 76107 961356 GENERAL MARKET FEASIBILITY OBJECTIVES AND EXPECTED OUTCOMES 1. Overall Market Feasibility -- Establish the overall market feasibility for the project. 2. Risk-Bearing Decisions -- Assist the Development/Sponsor Team in making the right internal risk-bearing decisions. 3. Business Mission -- Provide a clear understanding of the Business Mission -- the products and services which can be provided and the specific markets that these products will serve at the subject site. 4. Market Penetration Rates -- Determine the required penetration rates or size and depth of the age and income qualified market for each of the products/services to be provided. 5. Absorption Rate -- Develop realistic and achievable unit absorption projections to reach stabilized project occupancy. 6. Project Phasing -- Where relevant, determine how phasing can be implemented and risks hedged in order to optimize the overall development of the project. 7. Strengths and Weaknesses -- Evaluate the project's strengths and weaknesses within the market area and with respect to the existing and announced competition. 8. Executive Summary Report -- Provide detailed technical analysis, Executive Summary information, professional opinions, and implied strategies for consideration by the Development/Sponsor Team and other interests. 9. Communications Recap -- Provide an objective and professional communication package for professional staff, board members and lenders. It may also be necessary to submit the study results to planning and zoning panels and bond inducement committees. A-1 961356 MARKET FEASIBILITY STUDY OUTLINE I. Conduct Economic Base Study • Determine Total Number of Age & Income Qualified Households • Conduct Age Cohort Segmentation/Projections • Establish Qualifying Income Criteria • Determine Impact of Home Equity on Affordability • Identify Forecasting Safety Margins -- Utilizing Conservative Assumptions II. Determine Relevant Market Areas • Definition/Philosophy for PMA vs. SMA1 • Impact of Population Mobility Trends on Seniors • Determine Impact of Decision Influencers (Children) III. Conduct Specific Site Analysis • Existing Site/Development Description • Surrounding Development • Supporting Amenities • Evaluate Alternative Sites -- Where Applicable IV. Analysis of Maior Competition • Independent Living/Congregate Care • Assisted Living/Personal Care • Nursing Homes • Other Senior Housing Products/Services • Hospital/Acute Care/Managed Care Impacts -- Where Relevant V. Estimate Overall Project Penetration Rates • By Age Cohort • By Qualifying Income Criteria • PMA vs. SMA • Considering Competition • Considering Resident Turnover 1Primary and Secondary Market Areas A-2 961356 Market Feasibility Study Outline VI. Conduct Unit Absorption Scenarios • Estimate Time to Stabilized Occupancy VII. Product/Project Definition and Market Positioning • Establish Product Mix: - Independent Living - Assisted Living - Other Products • Specific Living Unit Characteristics: - Mix - Sizes/Living Areas - Pricing Structure • Recommend Services and Amenities VIII. Prepare Final Report • Technical Exhibits • Narratives • Professional Opinion of Project Feasibility A-3 961.356 MARKET FEASIBILITY STUDY TASK DESCRIPTIONS I. Economic Base Study The economic base study consists of a complete analysis of past population and housing trends, along with projections for the future -- with special emphasis on Senior market segments. It will include an evaluation of the mix of the market area population and households by age cohorts, income cohorts, owner vs. renter mix and other key demographics. The end result of this task will provide the basis for determining the relative size, depth and quality of the potential market for the proposed retirement living products and services. In addition to the Senior market, MDS will also evaluate and express a professional opinion regarding the potential impact of the very important decision influencer market or adult children of Seniors. MDS will obtain current demographics for the project's Primary and Secondary Market Areas from Claritas/NPDC, a national provider of demographics based in Ithaca, New York. Claritas/NPDC is one of the leading demographic suppliers which has a report targeted specifically toward the Senior segment of the population. MDS will utilize the data from these demographic reports in the MDS computer demand model in order to determine the required penetration rates/demand for independent, assisted living and health care products and services. II. Market Area Determination This effort specifically determines where the majority of the unit absorption will come from for the subject project. By properly defining the Primary, Secondary, and, in some cases, Tertiary Market Areas, MDS establishes clearly and succinctly where project absorption or fill will originate. This evaluation will be conducted in part during MDS' field trip to the market area. Migration propensities, natural/man-made geographic barriers and psychological or other types of barriers will be considered in this analysis. The evaluation will also include a historical/current resident origin analysis for the major independent and assisted living competitors in the market area. III. Site Location Analysis A detailed analysis of the physical and qualitative characteristics of the site -- clearly defining both superior advantages and competitive market challenges. An analysis will be conducted of the overall compatibility/suitability of the site with respect to the immediate surrounding neighborhoods and overall Primary Market Area. This detailed analysis will be conducted during MDS' field trip to the area. A-4 961356 Market Feasibility Study Task Descriptions IV. Analysis of Competition Having a clear definition of the competition in terms of number of units, as well as size, design, pricing characteristics and services and amenities, is necessary in order to develop a unique and effective market positioning strategy for the project being contemplated. A comprehensive evaluation of the competition will be conducted using a number of approaches/techniques: • Analysis of MDS internal database • Review of data provided by the client • Comprehensive telephone survey of market area competitors • "Mystery Shopping"/Visit to key competition during MDS' field trip to the market area It is MDS' policy to contact major competitors multiple times in order to obtain all relevant data and to ensure the accuracy of the data collected. V. Estimate Project Penetration Rates MDS will estimate the required project penetration rates for the subject project -- giving consideration to net available age and income qualified households, both existing and announced competition and unit turnover or natural attrition which will occur at existing communities. The estimate of these penetration rates will also give consideration to the expected absorption to be realized from each key age cohort, as well as the units estimated to be absorbed from the PMA, SMA, and, in some cases, Tertiary Market Areas. MDS has developed a computer demand model which utilizes a combination of accepted industry factors/ratios and specific market area data such as number of households and income screening percentages by age cohort. MDS will run several scenarios which show the impact of changing one or more of the factors (such as qualifying income criteria or number of units to be absorbed) and quantify the impacts of forecasting safety margins -- such as home equity impact or the potential impact of the adult children decision influencers. VI. Conduct Unit Absorption Scenarios The economic base study and competitive analysis will establish supply and demand trends. MDS will recommend three unit absorption scenarios -- a pessimistic, an expected, and an achievable or optimistic schedule of unit absorption over time. This will allow the project team complete visibility as to realistic prospects for the project in terms of construction phasing and relative risks during the fill-up period. A-5 961356 Market Feasibility Study Task Descriptions VI. Conduct Unit Absorption Scenarios (Continued) The absorption rate analysis will be influenced by the following: • Absorption rates of existing major competitors • Our industry experience with state-of-the-art independent and assisted living absorption in similar markets across the nation. Obviously, there will be other qualitative factors that will surface during the feasibility analysis. These factors will be given consideration in determining the most realistic absorption scenarios. VII. EL Prnin Where appropriate, MDS will offer complete product mix recommendations, including the types of products to be offered at a particular site, specific design and pricing details and services/amenities to be provided by these products. In addition, MDS will offer recommendations regarding how to strategically position such products in the competitive marketplace and when to appropriately sequence their development and introduction into the marketplace. VIII. Final Report Results of all of the above research tasks will be documented in a Final Report. This report will summarize market feasibility and provide supporting data with both clarity and comprehensiveness. One of the purposes of the report should be to communicate with other external interests, such as lenders and joint venture partners. The report will be written in that context. Special Strategic Consulting Tasks As part of the normal scope applied to MDS feasibility studies, we also include certain strategic consulting efforts that are of high value to the client. These include, but are not necessarily limited to, the following: 1. Special Emphasis on Affordability and Pricing Models In today's complex marketplace, Senior consumer affordability and willingness to pay must be carefully integrated with project cost analysis to insure that the market research results are consistent and realistic. Each market area has unique responses and propensities to accept the variety of pricing models that exist in the industry. MDS will determine affordability versus size and depth of the market by applying the Sponsor/Development Team's cost estimates to appropriate pricing analysis models. MDS will also suggest alternative pricing models -- consistent with both the market and the Sponsor/Development Team's objectives. A-6 961.356 Market Feasibility Study Task Descriptions 2. Design Concept Critique MDS will perform a design concept critique for the project -- based on available design concepts that will exist and are provided to MDS during the market feasibility period. While we do not practice architecture, our significant experience allows us to help the team evaluate design concepts in order to clearly show what works and what does not in this very selective market sector. 3. The Provision of Miscellaneous Resources MDS retains a complete file of hundreds of beneficial items to an emerging congregate project. These items include: • Design and campus "footprints" & building elevations • Innovative living unit design configuration • Typical common area amenities and features • Sales aids and marketing brochures • Typical advertising campaigns • Sample residency contracts • Key industry financial factors/ratios • Lists of qualified architects, interior designers and marketing/ management firms. MDS will make these resources available as part of our consulting engagement involvement. A-7 961.356 ATTACHMENT B SUMMARY OF EXPANDED WORK SCOPE/REPORT ENHANCEMENTS mosMoore Diversified Sces, Inc. Market Research/Busineerviss Consulting 817-731-4266 • Fax 817-738-2031 3001 Halloran Street - Suite C • Fort Worth, Texas 76107 961356 EXHIBIT 1 SUMMARY/CHECKLIST OF MDS' ADDED SCOPE REPORT ENHANCEMENTS I. Sharpen the Focus of the Demographic Analysis 1. Add more qualifying income thresholds: • $10,000+ • $15,0000+ • $20,000+ • $15,000-$20,000 ? or • $15,000-$25,000 ? 2. Expand affordability thresholds: • See Exhibit 2 for an example 3. If necessary/appropriate, make compatible with special state/local entitlement programs II. Competitive Analysis 1. Same approach/scope as in the past plus 2. Expanded inventory, survey and definition of: • Existing home and community-based services • Available Senior services and health care system resources • Identify potential gaps, overlaps, duplication and synergy in service delivery to Seniors B-1 961356 Exhibit 1 Summary/Checklist of MDS' Added Scope Report Enhancements 3. Identify areas where availability of existing services can/may lower operating costs at proposed facility 4. Are we truly addressing an unmet need? • One entity more viable than others? • One entity more likely to succeed -- long run? • One part of continuum while other is isolated/stand-alone? III. Site/Market Area Analysis 1. If site "given" for a project -- MDS to express specific professional opinion as to its appropriateness 2. In some cases, MDS to evaluate multiple sites using: • Pragmatic site ranking and scoring criteria • Evaluation of ultimate cost in relation to overall project financials (and project affordability): - Acquisition cost When available -- provided - Site development cost by client/NCB IV. Facilitate Cost-Effective Project"No-Go"Recommendation--When Necessary 1. It is normal MDS policy to stop project if problems are obvious 2. MDS will now include an appropriate clause/requirement in each contract/engagement letter: • Go/no-go decision to be made before costs of not more than $5,000/study are incurred B-2 961356 Exhibit 1 Summary/Checklist of MDS' Added Scope Report Enhancements V. Expand Licensing. Regulation and Entitlement Analysis 1. State regulations impacting the project 2. Local licensing/codes impacting the project 3. Comment on overall regulatory environment 4. Identify state and local monetary entitlements/supplements in the following major categories: • Standard/existing • "Sleeper opportunities" • Non-existing, but possible potential for beneficial solicitation by NCB • Formal and informal waivers • Are there existing "task forces?" VI. Evaluate the Adequacy/Potential of the Sponsor Organization 1. Systems and procedures 2. Organizational structure 3. Human resources; talent and experience B-3 9613s6 EXHIBIT 2 (SAMPLE OF MDS APPROACH) Summary of Price Vs. Value Positioning of Three Fountains In summary, it is MDS' opinion that Three Fountains is a well-conceived project that can compete very effectively with the existing competition -- as long as there is an appropriate price versus value offset from new projects such as Classic Residence by Hyatt, The Forum and, in some cases, Chambrel. Simply stated, Three Fountains offers a more moderate pricing alternative to other competing projects in the area. This is very important as a large number of Seniors on moderate -- but affordable -- incomes have been and will continue to be attracted to Three Fountains. For example, the qualifying incomes for a one- bedroom unit at the major competitors differs significantly from the qualifying incomes at Three Fountains if one assumes the industry ratio that indicates that 65% of a Senior's household cash flow income can be spent for a retirement community's monthly service fee. As can be seen by Exhibit C-2 in Appendix C of this report, the minimum qualifying cash flow income requirement for Three Fountains ranges from $21,068 for the efficiency unit to $33,990 for the two-bedroom unit. For comparison purposes, the following table outlines the minimum qualifying income criteria for each of the competitive projects: Minimum Qualifying Income • Classic Residence by Hyatt $40,720 - $78,190 • Forum at Park Lane $41,260 - $84,700 • Chambrel $29,320 - $40,180 • Monticello West $26,060 - $37,900 • Treemont $21,710 - $36,920 • Presbyterian Village North $17,590 - $28,080 • Three Fountains $21,060 - $33,990 B-4 961356 Hello