Transcript Ypao Point Development Project

YPAO POINT DEVELOPMENT PROJECT
A Planned Unit (Mixed Used) Development Project
_____________________________________________________________
Hotel-Residential-Commercial-Retail
Cultural Center , Museum & Chamorro Shrine (Naftan I Manainata)
A Proposed Project between the:
CHAMORRO LAND TRUST COMMISSION
And
HIMALAYA HOLDING GROUP
______________________________________
As Mandated by Public Law 25-179 and the Request for Development Proposal
Prepared by:
Felixberto R. Dungca Jr.
PROJECT PLANNER
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Objectives for the
Chamorro Land Trust Commission
This Presentation was prepared to assist the Commission in their
review of documents relative to the Ypao Point Development Project.
Objective- There are 2 objectives of this document:
1.
To familiarize the Commission with certain mandates as outlined in the RFDP relative to
(a) The CLTC Commitments and (b) The Master Developers’ Responsibilities
(slides 3 -6); and
2.
To advise the Commission on the 7 Phases of the proposed Project
(slides 7 – 21), and certain government approval processes.
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REQUEST FOR DEVELOPMENT PROPOSAL
Exerts from page 4 - CLTC Commitments

“ Redeveloping Ypao Point is a complex challenge. The Government of Guam has
continuously staffed this effort since the late 1980’s but has been unsuccessful in
redevelopment due to the lack of consensus on the use of the property.
The demolition of the former hospital facility located on site, Guam’s current economic
situation and the enactment of Public Law 25-179 which allows CLTC to maximize the
property’s revenue generating potential, are significant recent factors now driving
development of Ypao Point.”
As a result, CLTC with the support of the Government of Guam commits to the
following:
1.
To seek Legislative approval of a full range of economic incentives for the selected
developer provided that the Master Developer commits to expeditious performance of
negotiated obligations;
2.
To change the zone designation of the property to accommodate the development plan if
deemed necessary, provided that legal requirements for zone changes are met.
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CLTC Commitments- continue
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3.
To establish a developer assistance desk to expedite processing
and compliance with all regulatory, land use, environmental, business, building and
other local and federal permitting requirements;
4.
To designate a local government entity to secure all federal grants
that are available that can reduce developer costs for off-site infrastructure
improvements, highway improvements, manpower development, energy
conservation, arts and humanities, technical assistance and other appropriate
federal grant programs.
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REQUEST FOR DEVELOPMENT PROPOSAL
Exerts from page 4 -Master Developer Responsibilities
The Master Developer is required to:

Utilize the property in accordance with a to-be-negotiated Development Agreement
(DA), which will have a schedule for actual property development. The DA will
contain a specific formula for direct rental payments by the Master Developer to CLTC
and may include a participation agreement by which the CLTC shares in gross
revenues from the development.

Accept management and maintenance responsibility for the property that preserves the
value and revenue generating capacity of the property.

Prepare a Master Plan for the property and secure, with assistance from CLTC and the
government of Guam, all necessary development permits. It is expected that the Master
Developer will secure funding to support and execute all phases of the master planning
process, with the assistance of the government as outlined above.
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Master Developer’s Responsibilities- continue
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4.
Create for itself and for CLTC, a Business Plan. The Business Plan will contain a
project pro forma consistent with the Master Plan covering the period of time required
by the developer for development and operation.
5.
Achieve, to the maximum extent possible, the objectives as indicated in Section I of
this RFDP. (Refer to Appendix A-last side for Section I language)
6.
Pay a non-refundable fee of USD Five Hundred Thousand Dollars ($500,000) to the
CLTC upon approval of the DA by the CLTC, such fee shall be applied to annual rent
covering the first few years of the lease, depending upon the fair market rental value
of the property.
7.
Upon selection as Master Developer by the CLTC, submit to CLTC, a performance
bond in the amount of $50,000.
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The Process (steps)

Phase 1-
Chamorro Land Trust Commission

Phase 2-
Guam Land Use Commission (land use approval)

Phase 3-
A/E & Construction Drawings (Design Stages)

Phase 4-
Government of Guam Permitting Process

Phase 5-
CM (The Construction Management)

Phase 6-
Government Business Licenses

Phase 7-
Other Related Functions (i.e. Marketing Plan)
Estimated Time Frame (Phase 1 – 6) = 3 years
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Phase 1- CLTC

Request for Development Proposal (“RFDP”)

Negotiation of conceptual master plan, marketing plan, cultural design, etc.

Approval of Development Agreement & General Lease
*Establish separate bank account for proceeds (550K), and expected annual rentals.

Legal review of documents (Attorney General);

Approval of Final Development Master Plan, as required;

Approval of Master Covenants, Conditions & Restrictions (MCCR), as required;

Other related tasks;
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Phase 2- Guam Land Use Commission

Developer must apply to GLUC for a Planned Unit Development (PUD) zone
change;

The GLUC Process-
i.
Submittal of a complete application to Planning Division-DLM
ii. Review by the Application Review Committee (ARC)
iii. Mandatory Public Hearing (Tamuning Mayor’s Office)
iv. GLUC Hearing (Notice of Action)
____________________________
The ARC/PH/GLUC/GSPC process is governed by EO 96-26 and the Commission’s Rules & Regulations, as
adopted.
Note- additional land use applications may be required by the Master Developer based on the Final Development
Plan accepted by the CLTC, and related supporting documents.
Those land use applications may include:
a.
b.
c.
Horizontal Property Regime (HPR) under Chapter 45, Title 21 GCA; and
Time Sharing Ownership (TSO) under Chapter 47, Title 21 GCA.
Temporary Housing Facility for Alien Workers (Conditional Use)
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Phase 2 (GLUC Process)- continue
The Master Developer may have to apply for at least four (4) different types of land
use applications through the Guam Land Use Commission process:
1.
Planned Unit Development (PUD) Zone Change – Master Plan Layout/Design
Chapter 61, Zoning Law)
2.
Time Share Ownership (Chapter 47, Title 21 GCA), and possibly
3.
Condominium Approval (Chapter 45- Horizontal Property Act)
4.
Conditional Use Application for Temporary Workers Housing Facility (TWHF)
to house construction employees.
Note: TSO and HPR applications are considered consent items since the use is permitted in the
applicable zone. Public Hearing is not required.
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Phase 2- continue
The Application Review Committee (ARC) serves as the technical advisory body to the GLUC, and makes
recommendations to the Commission on all land use applications based on their respective mandates.

ARC Members (13 agencies/depts.)
Permanent Members
Department of Land Management-Planning Division (Chairperson)

Department of Public Works-Capital Improvements

Department of Public Works-Division of Highways

Guam Environmental Protection Agency

Bureau of Statistics & Plans

Department of Agriculture

Guam Power Authority

Guam Waterworks Authority

Department of Parks & Recreation
DLM
DPW-CI
DPW-HW
GEPA
BS&P
DOAGRI
GPA
GWA
DPR
Ex-Officio Members
Guam Economic Development & Commerce Authority

Department of Chamorro Affairs

Guam Fire Department

Department of Public Health & Social Services

Department of Education
GEDCA
DCA
GFD
DPH&SS
DOE
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Phase 3- A/E & Construction Drawings

The Architectural & Engineering Phase (Duenas & Associates, Andy Laguana, AIA)
[Contract Between Owner & Architect, Contractor, Engineer, etc]

Development of construction drawings, preliminary archeological and engineering
studies, surveying, site inspection, etc.

Alien Labor Certification- General Contractor to work with Dept. of Labor, on
importing required skilled labor in compliance with:
a.
Ref: Federal Registrar, Vol. 50, #3 dated 01-04-85, Government of Guam Administrative
Policy for Temporary Alien Employment Certification; and
b.
Guam Administrative Rules & Regulations- Title 17,Chapter 7
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Phase 4- The Permitting Process

Primary Contractor to apply for all necessary and required government permits
applicable to Project-
Clearing & Grading Permit;
Construction (Building) Permits;
Etc. (All other applicable government permits)
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Phase 4-
Continued: The Building Permit Process
Building Permit (Clearing Agencies)
Guam Fire Department
GFD
Guam Power Authority
GPA
Guam Waterworks Authority
GWA
Guam Environmental Protection Agency
GEPA
Dept. of Land Management - Planning Division
DLM-Planning
Dept. of Parks & Recreation
DPR
Dept. of Public Works
DPW- Building Permit
Dept. of Public Health & Social Services
DPH&SS (*)
* Depending on proposed project
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Phase 4- Continued
Certificate of Completion & Occupancy Permit Process
Occupancy Permit Process (Clearing Agencies)
Guam Fire Department
GFD
Guam Power Authority
GPA
Guam Waterworks Authority
GWA
Guam Environmental Protection Agency
GEPA
Dept. of Land Management -Planning Division
DLM-Planning
Dept. of Parks & Recreation
DPR
Dept. of Public Works
DPW-Building Permit
Dept. of Revenue & Taxation
DRT
DPW-Building Permit will schedule a final inspection of the project and issue an Occupancy Permit once
all clearing agencies sign off on occupancy permit application.
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Phase 4- Continued:
Business License Clearance Process

Business Licenses (Clearing Agencies)

Dept. of Land Management-Planning Division
DLM-Planning

Department of Revenue & Taxation
DRT

Guam Fire Department
GFD

Dept. of Public Health & Social Services
DPH&SS

Department of Public Works
DPW-Building Permit
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Phase 5- CM/PM
The Construction Management & Project Management

The actual construction period of the Project- Contractor may construct Project in
“phases” (i.e. 7-Star Hotel & commercial facilities first, residential condos/time
sharing units second, etc.)
[Contract Between Owner & Contractor]

As required in the DA, CLTC Project Managers’ role is to monitor the Project in
coordination with the General Contractor;
[Contract Between CLTC & Project Manager (i.e. Construction Management) ]

Upon completion of Project, Contractor applies for a Certificate of Completion and
Occupancy Permits for all structures.
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Phase 6- Business Licenses

Prior to opening any establishment for operation, the new owners of each
individual business (i.e. Hotel, Restaurant, Shops, etc.) must apply for
individual and applicable business licenses, liquor licenses, employee
health certificates, etc.
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Phase 7- Other Related Functions

Simultaneously with Phases 1 – 6, the Master Developer and/or his
designated marketing representative company may decide to begin the
Advertisement, Marketing, Pre-Selling of Units for the Project, after the
GLUC approval (Phase 2).
[Contract Between Developer & Marketing Firm]
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Appendix A
Section Invitation and Development Objectives
(RFDP)

The Chamorro Land Trust Commission (CLTC) invites developers to submit
responses to this Request for Development Proposal (RFDP) for Ypao Point. RFDP
responses shall address the development objectives for this area and the developer’s
financial and management commitment, and site specific and community
development issues.
DEVELOPMENT OBJECTIVES- Two objectives have been identified to guide
development of Ypao Point. These objectives should be viewed as a starting point
for the future discussions concerning Ypao Point and CLTC strongly encourages and
welcomes input from the respondents to ensure that CLTC and developer objectives
compliment each other.
Continue on next page….
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Appendix- Continued
Master Objective #1.
To develop the property to its highest and best use in order to be profitable for the
developer and to generate jobs and increased economic activity for the Guam
economy.
Development plans for the Business Park should emphasize environmentally clean,
mixed-use, and sustainable development in a fashion that allows the developer to
achieve objectives and maximize financial returns on developer investments;
Master Objective #2.
To generate revenue to fund the operations of the Chamorro Land Trust Commission
(CLTC). The CLTC requires funding for its operations, infrastructure improvements
and to implement three revolving funds (Chamorro Home Loan Fund, Commercial
Loan Fund and Home Repair Fund) and three special funds (Chamorro Home
Development Fund, Educational Assistance Fund and Loan Guarantee Fund). The
amount of funding will be based on the fair market rent for the property and
participation rent.
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End of Presentation
Property of
CHAMORRO LAND TRUST COMMISSION
Government of Guam
P.O. Box 2950 * Hagatna, Guam 96910
________________________________
Suite 103, Anigua Commercial Center
Facsimile 671-477-8082 Telephones 671-475-4251 or 4257
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