How is a retailer supposed to survive when he is restricted from opening? How should he deal with his landlord in these unprecedented times? As a tenant representative agent, my real job is to determine how much business my customer can do in a given space and negotiate for a rent that is prudent. We enter into our retail leases and negotiate rent based upon our expectation of retail sales. Today with the current COVID-19 epidemic, we find ourselves in a situation where the vast majority of retailers are restricted from doing any business but are expected to pay rent.

Call Your Landlord Before He Calls You. It acknowledges that you are having a problem and sets the stage for a discussion towards how the two of you can together work things out.

Know what to ask for. The initial alternatives are either a full or partial rent forgiveness or a postponement of rent. Landlords are rather unrealistic in their understanding of the narrow margins existent in the restaurant business.

Retail space is unique. The value of retail space is directly proportionate to the ability to do retail sales in that space. The more sales you can do, the more valuable the real estate. So initially plead for a forgiveness of rent. No sales = No ability to pay rent.

A landlord and tenant originally made a deal, based upon an expectation of a certain level of sales. However, when they are precluded from full operations, they have not made the expected sales and therefore cannot afford to pay the contract rents.

Courts have a nice phrase regarding rents: Use and Occupancy. But if there legally cannot be any use, should there be a legal obligation to pay rent?

A survey of Long Island retail landlords show that 46.6% of them have received less than 50% of scheduled rents due April 1st.

The landlord must pay real estate taxes (no government has given any relief on that), along with insurance and some security and utilities. An offer to help cover those items is a compromise position. The largest obligation is probably his mortgage. Well, maybe its time for landlord to go to his mortgagee and ask for a forbearance, or delay, or interest only. On one webinar, a representative of the Federal Reserve revealed the Fanny and Freddie may be open to such discussions.

Ask an understanding landlord to simply hit the pause button for 90 days. Then resume the rent and extend the term by that postponement. That way the landlord will receive every dollar he had initially bargained for.

You can put a landlord in a better position by offering to extend your lease term for additional years, in exchange for forgiving rent now. He will know that he will have some certainty of scheduled income for a longer time.

Some landlords are willing to help tenants by not forgiving, but by allowing a tenant to defer rent for perhaps 90 days and then pay it back over the next year or two as additional rent. That would amount to a 12.5% increase if spread over the next two years.

Do you have something that could benefit landlord? In exchange for rent forgiveness, you might relinquish an exclusive on a product category. For instance, a 2,000 s/f tenant such as Row House might have an exclusive on fitness, when a yoga studio would want to take other space in the center.

This is not the end. This is not the beginning of the end. But this may be the end of the beginning - Winston Churchill.

If restaurant tables are required to be 6 apart, either by edict or by social convention, seating capacity in restaurants will be reduced to about 50% of current levels. Fewer seats equals lower sales. As we emerge from this, we will have to crawl before we can walk.

In recovery, what is a fair and equitable rent? A restaurant can endure a 10% gross occupancy cost (Rent + CAM + RE Tax). Will your landlord be willing to accept that as a workaround for the next year until we all get inoculated?

After 9/11 and Superstorm Sandy, it took six months before markets returned to something resembling normal. We would like to think that with flattening the curve It is time to declare victory. Not nearly! Right now, New York has an infection rate of 1.6%. So, if we lift restrictions, we only have 98.4% of the population to worry about. Who will the customer be on the other side of this crisis? Will it be part of the 98.4% who cares to be reckless? Or is it the worker who has not had a paycheck for 90 days?

The Gap or Old Navy has an advantage. They can close for 90 days, but when they reopen, they still have 100% of their inventory. In a restaurant, all the perishables will have perished. Most of the food in a restaurant is sold before it is paid for. So the restaurants have an outstanding payable even before they accept new inventory to reopen.

What is a landlords BATNA?

What is their Best Alternative To a Negotiated Agreement?

The National Restaurant Association did a survey in mid-March. 3% of their membership had closed their restaurants PERMANENTLY! Another 11% of their members said that they might have to close permanently, if this lasted for 30 days. Now, a month past that survey, and we have no vision of where is the light at the end of the tunnel. Some experts have predicted anywhere between 20% - 40% of all restaurants closing permanently.

With a glut of restaurant spaces available, and a significantly slackened demand, how long with it take to find a suitable replacement tenant. With the supply / demand curve so distorted, what percentage of the previous rent can he achieve? With uncertainty in the marketplace, how long will it be before he can achieve parity with previous rent?

An in-place tenant is valuable. A landlord is far better off accepting a viable rent from a tenant in place rather than having to go out and find a replacement. Otherwise he needs to search for a new tenant, pay fit out costs, absorb down time during construction, have to pay an additional leasing commission, await liquor license approval and probably settle for a lower rent than he has in contract rent presently.

Whatever happens, the landlord has a high safety net in that he still owns the real estate. If the operator cannot reopen, or operate profitably, then there is no value to his leasehold or his unamortized investment in the space.

Is someone wants to buy a car, and cannot do that today, he can buy that durable in 3 months and the retailer gets the sale at full price. However, the restaurateur who does not sell a meal today, cant make that up next week or next month. There is no shelf life to a restaurant demand.

A restaurant is a low margin, high turnover business. It is a warehousing, storage, preparation, cooking, assembly, and sales facility. It is a labor intensive undertaking. A restaurant doesnt go broke on its P&L. It goes broke on its cash flow.

People will not stop eating. We are social animals and will still want to gather. The industry can weather a storm but needs to be able to meet reasonable obligations and maintain cash flow along the way.

Landlords need to understand the demands. It is going to be a challenge.

Partial List

Tenants who did not pay their rent April 2020

Cheesecake Factory GAP WeWork Knotel VMH - Staples - Victorias Secret - Subway Foot Locker - H&M - Old Navy Nordstrom LOFT - Dave & Busters - Barnes & Noble -Kirklands - LA Fitness - Party City

AMC Theaters, Cinepolis, Harkins Theaters and Regal Cinemas.

75% of the stores in NYCs most expensive neighborhood, the $25 billion Hudson Yards didnt pay their April rent.

Paul Fetscher, CCIM, CRX, CLS is president of Great American Brokerage Inc. a New York based commercial real estate firm.

Visit link:
How to deal with landlords in the age of COVID-19 - by Paul Fetscher - New England Real Estate Journal Online

In June, the Downtown Investment Authority board will consider development terms for a proposed $136 million mixed-use project at the Ford on Bay and a redevelopment agreement for the former Independent Life Insurance Company building.

DIA CEO Lori Boyer told the board at its May 20 meeting that those projects would be discussed along with more projects at the next meeting.

Ford on Bay

DIA planned to consider the deal between the city and New York-based Spandrel Development Partners LLC to redevelop the former Duval County Courthouse and City Hall sites at 220 and 330 E. Bay St.

Boyer told the DIA board May 20 that a number of terms in the agreement were not sufficiently resolved at the seven-day deadline prior to the meeting.

The DIA selected Spandrels bid for the site Feb. 21. The developer proposes a two-phase project with 520 apartments and up to 74,000 square feet of retail space on the riverfront property.

City attorneys are negotiating with owners of the Hyatt Regency Jacksonville Riverfront to resolve the first right of refusal on the sale of the former City Hall site at 220 E. Bay St.

The land is north of the hotel and the first right of refusal is in the hotels 1998 redevelopment agreement with the city, Boyer said in a May 18 phone interview.

Until the contractual impasse is resolved, the project will focus on phase one planned for the 330 E. Bay St. parcel.

A Spandrel representative said Feb. 11 that phase one would comprise 279 residential units and 40,000 square feet of retail space anchored by a 10,000-square-foot riverfront restaurant.

To gain the Hyatts approval, Boyer said in February that the city and Spandrel could agree to add exhibit space in phase two that the hotel sought.

Spandrel has preliminary plans for a 5,000- to 25,000-square-foot grocery store as part of phase two, but Spandrel will examine the market feasibility before committing to one. A food hall, gallery exhibition or meeting space could instead be added.

The development agreement is expected to include a Recaptured Enhanced Value grant, providing a 50% tax refund to Spandrel for 20 years on the increased value of the property.

Boyer told the Daily Record she is not aware of issues in Spandrels ability to obtain financing for the project in the face of changing market conditions because of COVID-19.

But were all mindful that we dont want to make commitments we cant keep, Boyer said.

The Independent Life Insurance Co. Building at 233 W. Duval St.

Independent Life

Boyer said DIA staff promised Independent Life developer Augustine Development Group that the board would consider its proposed redevelopment agreement in June while the company waits for final federal historic landmark approval.

The agreement would award the $28 million mixed-use project money from the citys Downtown Historic Preservation Trust Fund, contingent upon the final historic designation from the National Park Service.

DIA has not released the award amount.

Building owner PEP10 LLC, a subsidiary of Augustine Development Group and investment partner DLP Capital LLC, told Boyer before the May 20 meeting the designation process slowed, presumably because of COVID-19.

Apparently, the National Park Service has been very slow to respond, not really working and some of them are on furlough, Boyer said. It is our hope to move the project forward.

City Council has designated the Independent Life Insurance Co.Building in the Downtown core a local landmark, easing the way toward renovation.

The Independent Life building was completed in 1955 and designed by KBJ Architects Inc., the firm responsible for designing 17 of Jacksonvilles tallest buildings, according to city documents.

It is within Jacksonvilles 2016 National Register District designation footprint.

PEP 10 LLC bought the 65-year-old, 19-story office building at 233 W. Duval St. on Sept. 30. The developer plans to renovate the 180,000-square-foot building with apartments and retail space.

The Downtown Development Review Board granted conceptual approval for the plans Nov. 14, but it needs final approval.

Plans show 140 market-rate apartments and a rooftop terrace with an all-glass, rooftop infinity pool.

A lounge and a sushi and seafood restaurant will fill the 17th and 18th floors. The space was Independent Lifes executive sky lounge, Augustine Development Group President Bryan Greiner said in February.

Full June agenda

Proposed development and financial incentive programs put on hold because of COVID-19 will return to the DIAs June meeting agenda, Boyer said.

The board will have a final vote on an Enhanced Food and Beverage Retail Enrichment program that would provide business and commercial property owners financial incentives.

Boyer says the programs goal is to create a dense restaurant and retail district Downtown.

The board also will review terms for a transient dock proposed by an Atlanta-based developer on 0.5-acre of city-owned submerged land southeast of Berkman Plaza II, Boyer said.

The property is part of a 23.58-acre parcel at 750 E. Bay St. that includes a vacant lot. The lease deal would be for a portion of the submerged land.

The term sheet drafted by DIA staff shows developer Greg Esterman and the city will consider a 50-year lease for the property with a 25-year renewal option. The dock would be open to the public for periods up to 30 days.

The developer would be responsible for the design, permitting and construction costs associated with the dock built parallel to the concrete pier at the end of Catherine Street.

See the original post here:
Ford on Bay and the Independent Life Building are headed to DIA in June - Jacksonville Daily Record

Left abandoned and long neglected, this once-modest house in Narragansett, a town where properties are hot under almost any circumstance, is rotting nearly everywhere the eye looks outside it.

Blue-painted wood siding droops, brittle black roof shingles are torn off in various places and expose even older wood underneath, shattered clear glass windows line up alongside yellow and blue intact stained-colored glass windows.

Through them a look inside reveals what seems like a frenzied tornado smashed up walls and ceilings, pulled up floors, and tore into it with apparent disregard for any preservation of its history or memory of a home to so many over the last 133 years.

Some beams even showed charred edges from a fire long ago that somehow quite never burned down the entire house. This 80 Narragansett Avenue property simply invites the pity of the wrecking ball to relieve the misery from this dilapidated condition.

But thats not its fate. Burying the bones of this place isnt even remotely close to what awaits this New England-architecture styled house with a steep-pitched roof and triangular gables.

For sure this 1887 Queen Anne Victorian is an old house, but its also This Old House.

An investor, a builder and television show have come to its rescue. At the center is Jeff Sweenor, owner of Sweenor Builders, Inc., of Wakefield, who will oversee this restoration his fifth project accepted by This Old House in recent years for its annual series.

Making it livable and more here in Narragansett is this special builder incorporating reverence for details in a challenging revival. Theres also an historically-conscious young buyer who now owns the decrepit structure. He was born 95 years after the house was built by labors without cell phones, electric saws and stud guns.

Bringing attention to this restoration effort is a popular nationwide television show that ironically is a throw-back to the do-it-yourself era when the house was built.

Over 130 years ago there was some unbelievable craftsmen doing this project, Sweenor said last week looking at the beat-up structure where his crew has already begun work to bring the inside down to bare boards.

To do that kind of work without the sophisticated tools we have now is just amazing, he said, pointing to bridge rafters with rosettes carved into them by hand more than a century ago. They didnt just go to Home Depot and buy them.

Standing nearby was homeowner and real estate investor Michael Campopiano of Cranston. He bought the property knowing he could gut the inside, but would be required to surgically repair with precision the outside to satisfy town standards for historic renovation.

What did I get myself into? the 38 year-old said with a laugh when giving a tour of the old house. His wife, Kassiane, 37, was with him and commented that when she pulls up and looks at the house, There is a lot of detail in that house and wow, its old.

The essence, though, of the situation for themselves or anyone inhabiting it was captured, she said, by their six-year-old son, Giulian, who told his father after seeing the run-down structure before his mother, Daddy, you cannot show mommy this place. She wont live in it.

The Builder

Sweenor said he annually handles about 20 building and renovation jobs in his 50-person company, with many done in the South County region where he grew up in Wakefield.

Among his other projects This Old House accepted have been a renovation and addition to the Beach House in East Matunuck (2017), the Beach-Town Bungalow built from the ground up in the heart of Narragansetts historic district (2018) and a renovation and addition in Jamestown to a 1920s Rhode Island shingled cottage (2018-19).

For another This Old House segment, he also recently completed a renovation and addition to a classic shingled 2,000 square-foot ranch style house built in 1949 in Westerly and transformed now into a Dutch Colonial (2019).

This current project, named Seaside Victorian, focuses on nearly all historic preservation work for the exterior, he pointed out. Located in Narragansetts Pier neighborhood and not far from the town beach, the 133-year-old house has been vacant the last few years.

Sitting prominently along one of Narragansetts main thoroughfares, the 1,700 square-foot home will be captured in various episodes of this years 42nd season of the show.

It will detail efforts to preserve period architectural details such as decorative columns and brackets, sawtooth and fishscale shingles, eyebrow siding details, a rising sun patterned clapboard gable and more.

It will keep windows, improve the foundation and footings, address a deteriorating porch and rotting roof. A new 800 square-foot addition will include a two-car garage and mudroom on the first floor, and master suite on the second floor and will match the existing structure without overpowering it, Sweenor said.

However, the overall project is complicated, detailed and exacting all the demands sought after by this builder who is 57 and was also a national champion rower at the University of Rhode Island and afterwards.

Rowing and building go together, he said with a laugh.

I spent the better part of three years trying to be the best in the world at rowing. When you spend that much time trying to be the best in the world at something, you get some carryover to how you do anything in your life, he said.

Hes also someone who understands true grit for summoning a focus on details to complete a task well and then create the foundation for more success.

Making candy and making houses also go together, Sweenor said. His connection to business and running a good one is rooted in the sweetest of places -- his familys well-known fourth-generation candy making shop and retail store in Wakefield.

Clearly it was the experience during the first 20 years of my life. It had an impact in creating this inner belief, now add that rowing component to it, and you get a pretty powerful mixture of ingredients, he confided about his ethic guiding him and his own building company that he started 32 years ago.

We want to build houses that last a hundred years. To do that, you have to have extraordinary work at every level, he explained.

In the first half of his career, he said, he worked on learning to build a good house and use that experience. Then I became aware that I wanted to build a great company that builds great houses, he said.

So, the second half of my career has been about trying to put all the pieces in place and people in place who all have that same passion, that same desire to excel. So thats where the magic happens, he said.

He said that he hand-selects each new employee who works for him. He looks for traits similar to his own.

They all are craftsmen, they all strive for excellence in everything they do. The cumulative effect of all the focus by everyone throughout the year is good products produced all the time, Sweenor said.

Its a lot easier to build an amazing house than it is to build an amazing company, said the builder whose friendly demeanor in the television episodes of This Old House is as genuine in person.

An amazing company is all about people and its hard to assemble great people because theres so much interpersonal connection and they all have to work well together and they have to complement each others strengths and weaknesses, he said, taking a long pause.

Then he quickly added in a shy way, Ive built some pretty nice houses in my career, but Im most proud of the company Ive built more so than a structure.

Its an attitude that certainly pleases the producers of This Old House, who also prize his construction skills just as much.

The TV Show

Chris Wolfe, the shows executive producer, said that Sweenor is an expert home builder and everyone on his team iscommittedto doing things right.

He also looks fornew techniques andmaterialsthat will improve the construction process and make his projects more comfortable and efficient. And he knows the value of hardwork, which has always been animportant part of This Old House, Wolfe said.

This Old House, started in 1979, has become a popular home improvement television series and continues to inspire homeowners across the county who never knew they could do it themselves.

Who could have imagined that the home improvement television idea would develop into an entire industry, said Russell Morash, its creator and first producer, in an interview on its website. But given the fact that a persons home is likely his or her most valuable asset, it may explain why so many viewers still depend onThis Old House.

Its shows capture millions of viewers and also brings dream renovations to life for them as they watch contractors, like Sweenor who was selected by This Old House to be a regular, undertake projects with all kinds of designs and intricacies.

Wolfe said, When we tackle projects across the country, we work (also) with other world-class builders, drawing on their knowledge of local architectural styles, building codes, and construction methods.

Rhode Island obviously offers a wealth of scenic locations that provide great backdrops for our project houses, and Narragansett with its beautiful waterfront views more than fits that bill, he said.

The Homeowner

Reputation is what was important to homeowner Michael Campopiano, who wont disclose the exact price for saving the old Queen Anne from demolition, but said its a significant sum.

We met at his (Sweenors) office, met his whole team and left with a good feeling that this is the builder and the team to go forward with and that was before purchasing the house and only looking at preliminary sketches of potential work, he said, adding, Were going all out with the design budget on it.

Campopiano said he has other rentals in Narragansett, but this is his first large-scale historic renovation.

Sweenor has been a reassuring partner as they both faced restrictions and suggestions for how the outside of the house needs to look. It must meet various town historical requirements due to its location in an historic district.

Kristen Connell, spokeswoman for the Narragansett Historic District Commission, said, the project combines a meticulous exterior restoration with a new addition that adheres to the NHDCs guidelines by complementing and not overwhelming the original structure.

The town is fortunate that a sympathetic buyer came along while the house could still be saved. As the saying goes, this house has good bones, and we look forward to its completed restoration, she said.

Campopiano pointed to the expense people face when preserving old structures and youre trying to preserve a piece of history and youre spending almost double what you would normally.

However, the personal injury and workers compensation lawyer said, he understands and appreciates the reasons for a pinpoint interest in renovation and expansion details.

Aesthetically, I thought the house, the exterior, the intricately carved moldings, like on the gable and on the house, and above the Queen Anne windows, were absolutely beautiful. We loved those. My wife and I have always loved a house with a farmers porch, too, he said.

The house had so many architectural details on the exterior that we didnt really care too much about work required on the inside. The location is a couple steps from the Pier and Narragansett beach is where we want to live, Campopiano added.

In addition, memories of the houses heyday still linger in community. For instance, John Miller, 88, of Narragansett, recalled when his grandparents owned and lived the house from 1895 until 1948 when his grandmother died.

My grandfather Miller, a failed pharmacist, apparently had only one talent siring children. He had eleven of them in that tiny little house. Meantime my grandmother Mary Jane Wright Miller, ran a seamstress operation, whichput food on the table, he said.

One fond memory (is when) my father, who was born on the fourth of July, 1887, he recalled, would bring me to visit my grandmother. They would usually bring out a toy to keep me quiet, Miller recalled.

The toy was a tiny replica of the battleship Maine, which you might appreciate was most likely my fathers originally, when the Spanish-American War was fresh, he said.

Miller said he feels elated about the renovation and preservation of the property and its another step in the towns desire to recapture the excellence of the past ratherthan simply build to fill space profitably.

This kind of history still close for a few, but distant for most others is part of the reason for helping this house survive the brutal winds of time and neglect, Campopiano said.

Restoring this house will bring value to my wife and me that cannot be measured in dollars and cents, he said.

He said that people often drive by the house and comment, when seeing a sign about the renovation project, My God, this place is going to be amazing, how beautiful, its so great they are saving this rather than knocking it down.

Were restoring 80 Narragansett so all the people can continue to love it. Purchasing an historic home helps keep history alive, he said.

Excerpt from:
History in the Making: A long forgotten property gets a new lease on life - The Independent

COVID-19 continues to have a profound impact on construction activity in Canada.

COVID-19 continues to have a profound impact on construction activity in Canada. Governments have limited what construction activities can continue during the shutdown, issued emergency orders affecting construction litigation, and changed health and safety protocols at site.

The impacts to construction projects, litigation, and health and safety vary across provinces and territories. Below is a guideline resource for how each province and territory is managing COVID-19s impact on the construction industry. For each province and territory we have assembled and laid out,

1. the list of permitted construction and related services that can continue;

2. the impact of emergency orders on limitation periods and procedural deadlines for construction litigation; and

3. the recommended guidelines for increased health and safety practices for construction sites.

Should you have any questions about whether your construction project can continue during the pandemic, or how these orders may affect your existing or future litigation, please feel free to contact us. We will keep this bulletin updated on a weekly basis.

To locate a particular province or territory in the list, please click it in the list below:

A) Ontario

B) Quebec

C) British Columbia

D) Alberta

E) Saskatchewan

F) Manitoba

G) New Brunswick

H) Nova Scotia

I) Prince Edward Island

J) Newfoundland

K) Yukon

L) Northwest Territories

M) Nunavut

A) Ontario

1. List of Permitted Construction and Related Services

The list of construction and related activities that may continue in Ontario during the pandemic are listed below. Ontarios complete list of essential services can be found here.

Construction Services

1. Construction activities or projects and related services that support construction activities or projects, including demolition services.

2. Land surveyors.

Construction Related Services

3. Lawn care services and landscaping services.

4. Maintenance, repair and property management services strictly necessary to manage and maintain the safety, security, sanitation and essential operation of institutional, commercial, industrial and residential properties and buildings.

5. Businesses that supply other essential businesses or essential services within Ontario, or that supply businesses or services that have been declared essential in a jurisdiction outside of Ontario, with the support, products, supplies, systems, or services, including processing, packaging, warehousing, distribution, delivery, and maintenance necessary to operate.

6. Hardware stores.

7. Garden centres and plant nurseries, including greenhouses that engage in retail sales to the public.

8. Business that provide land registration services.

9. Businesses that deliver or support the delivery of services including:

Sewage treatment and disposal.Collecting, transporting, storing, processing, disposing or recycling of any type of waste.Potable drinking water.Critical infrastructure repair and maintenance including roads, dams, bridges etc.Environmental rehabilitation, management and monitoring, and spill clean up and response.Administrative authorities that regulate and inspect businesses.Professional and social services that support the legal and justice system.Government services including but not limited to policing and law enforcement, fire and emergency services, paramedics, coroner and pathology services, corrections and court services, licences and permits.Allotment gardens or community gardens.2. Impact on Limitation Periods and Procedural Deadlines in Litigation

On March 16, 2020, the Ontario Government issued an emergency order suspending all limitation periods and procedural deadlines in litigation. However, effective April 16, the Ontario Government exempted the limitation periods and procedural deadlines in the Construction Act from the emergency order. For more details on these changes and the impact on liens, holdbacks and construction litigation generally, please see our prior bulletin on this topic here: Show Me the Money Government of Ontario to Amend Emergency Order to Allow Release of Holdbacks. The complete regulation exempting the Construction Act that took effect April 16 can be found here.

3. Guideline for Increased Health and Safety Practices

See here for the Chief Prevention Officers guidance to the construction sector in Ontario on health and safety related to COVID-19.

B) Quebec

1. List of Permitted Construction and Related Services

Starting May 11, 2020, all construction industry worksites from all sectors of the construction industry including residential, civil engineering and roads, institutional, commercial and industrial can resume their activities (however, admin staff must continue teleworking). Quebecs notice in this regard can be found here.

A summary of the more limited construction and related activities that could continue in Quebec until May 11, 2020 are listed below.

Construction Activities

1. Construction firms, for emergency repairs or to ensure safety

2. Electricians, plumbers and other trades (emergency services only)

3. Equipment rental firms

4. Landscaping and landscape maintenance (including nurseries, garden centres and businesses selling swimming pools)

5. Construction and renovation of residential dwellings, for any immovable where the taking of possession of a residential unit must take place on or before 31 July 2020, including the supply of goods and services that may be required for the work, including the services of real estate agents, land surveyors, building inspectors and assessors, and chartered appraisers

Construction Related Activities

6. Maintenance of essential public infrastructures in proper working order (bridges, municipal buildings, etc.).

7. Construction, maintenance and upkeep of essential activities in connection, in particular, with public and private infrastructures that may create a risk for public health and safety (private dams, management of hazardous and radioactive waste, etc).

8. Cleaning, upkeep and pest management.

9. Building maintenance (elevators, ventilation, alarm systems, etc).

10. Household appliance maintenance and repair.

Quebecs complete list of essential workplaces can be found here.

2. Impact on Limitation Periods and Procedural Deadlines in Litigation

By Order number 2020-4251, the Chief Justice of Qubec and the Minister of Justice suspended prescription periods (limitation periods), forfeiture periods and procedural deadlines until the public health emergency is lifted or otherwise amended by further order. The joint ministerial decree can be found here.

Construction hypothec periods are forfeiture periods and are therefore suspended under the Order. However, contractors are being advised to act as if the deadlines still apply and to register their notice of hypothec, and notice of intention to exercise a hypothecary right within the requisite time periods (the land registrar is still open to receive notices).

Additional guidance on how to calculate delays is expected from the Government once the suspension is lifted.

3. Guideline for Increased Health and Safety Practices

The COVID-19 Guides for Construction sites (French Only) published by the Safety of Labour Board (CNESST) on health and safety can be found here and here.

C) British Columbia

1. List of Permitted Construction and Related Services

A summary of construction and related activities that may continue in British Columbia during the pandemic are listed below. British Columbias complete list of essential workplaces can be found here.

Construction and Related Activities

1. Construction work, construction firms, skilled trades, and professionals, and; construction and light industrial machinery and equipment rental.

2. Plumbers, electricians, elevator maintenance providers, exterminators, property management services, building systems maintenance and repair technicians, engineers, fire safety and sprinkler systems, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and daily essential operation of residences, commercial buildings, and ski area infrastructure and facilities.

3. Land registration services.

4. Workers who provide or support inspections to ensure worksites are safe for workers; and who investigate, process and manage claims for workplace accidents, including services related to the care, treatment and provision of workers compensation benefits to those impacted.

NOTE: Unlike some other provinces, which have mandated the closure of any type of business not deemed essential or allowable, British Columbia does not mandate such closures across-the-board. A business or service that is not an essential service may remain open in British Columbia provided that such business or service can comply with the recommendations of the PHO. However, such businesses may be ordered to close by a specific order of the PHO.

2. Impact on Limitation Periods and Procedural Deadlines in Litigation

Ministerial Order 86/2020 suspended limitation periods and procedural time periods from March 26, 2020 until the state of emergency is over (which as of May 20, 2020 is scheduled for May 26, 2020, see here).

On April 15, 2020, Ministerial Order 98/2020 amended MO 86/2020, lifting the suspension of limitation and procedural time periods under the Builders Lien Act (as well as those under Division 5 of Part 5 of the Strata Property Act) effective April 15, 2020. Once lifted, it appears that parties will have the same amount of time to meet a deadline that had been remaining before the suspension began on March 26, 2020.

3. Guideline for Increased Health and Safety Practices

Please see here for the health and safety measures the British Columbian Government has indicated all construction sites should follow: Guidance for Construction Sites Operating during COVID-19 Pandemic.

D) Alberta

1. List of Permitted Construction and Related Services

A summary of construction and related activities that may continue in Alberta during the pandemic are listed below. Albertas list of essential workplaces can be found here.

Construction Activities

1. Construction projects and services associated with the healthcare sector, including new facilities, expansions, renovations and conversion of spaces that could be repurposed for health care space.

2. Construction projects and services required to ensure safe and reliable operations of critical provincial and municipal infrastructure, including transit, transportation, energy and justice sectors beyond day-to-day maintenance.

3. Construction work and services, including demolition services, in the industrial, commercial, institutional and residential sectors.

4. Construction work and services that supports health and safety environmental rehabilitation projects.

5. Construction projects to repair or render operable / safe any public conveyance, including elevators, escalators and ski lifts.

6. Construction projects and services that are required to ensure safe and reliable operations of critical energy infrastructure or support supply chains.

7. Any other construction project that can safely abide by the CMOH Public Health guidelines/directives.

Construction Related Activities

8. Land registration services.

9. Businesses that support the safe operations of residences and essential businesses.

10. Road and transportation construction and maintenance

11. The operation, maintenance and repair of critical infrastructure (railways, dams, bridges, highways, flood control structures, irrigation and water management structures, etc.).

12. Motor vehicle, auto-supply, auto and motor-vehicle-repair, including bicycle repair, aircraft repair, heavy equipment repair, watercraft/marine craft repairs, car and truck dealerships and related facilities.

13. Hardware stores and stores that provide hardware products necessary to the essential operations of residences and businesses.

14. Safety supply stores (safety gear and Personal Protective Equipment).

NOTE: If a business is not listed here as an essential service, it can still continue to operate if: (i) it is not specifically prohibited from offering services in a location accessible to the public; and (ii) the business doesnt fall under previous business, workplace and facility closures.

A business must still follow all other public health orders and guidelines for workplaces, including: (i) maintaining physical distancing; and (ii) prohibiting people from coming to work sick. Workplaces that are not otherwise restricted or ordered to cease offering close-contact services or services accessible by the public can have more than 15 workers on a work site as long as they follow all public health guidelines, including physical distancing measures.

2. Impact on Limitation Periods and Procedural Deadlines in Litigation

On March 30, 2020, a Ministerial Order suspended limitation periods retroactively from March 17 June 1, 2020. This Order only applies to enactments listed in Appendix A to the Order, which list does not include the Builders Lien Act. As a result, limitation periods under the Builders Lien Act are not suspended.

However, the Order also suspends all procedural time periods in active or intended proceedings from March 17-June 1, 2020. Unlike for limitation periods, the Order does not specify that this suspension applies only to the enactments in Appendix A.

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Construction through COVID-19 in Canada: A Guideline for what each Province and Territory is Doing [Current as at May 20, 2020] - ICLG.com

The city and the Signa Group were discussing details for a long time, but now the reconstruction of the Alte Akademie in the centre of Munich is finally underway. Completion of the project is scheduled for 2023. The duration of the construction phase is determined by the complexity of the process, due to the need to protect historical monuments. The work has to be carried out in individual steps, Alexander Cronauer, who is responsible for the Signa project development division in Munich, explained. Close cooperation between authorities, planners and contractors in the planning and construction phase is a key factor for the smooth handling of the work.

Spanning an area of over 21,000 square metres, the historic building complex will offer a mixture of retail space, restaurants, modern offices and attractive apartments. The office space, covering approximately 9,000 square metres, offers flexible options for innovative spatial solutions. Modern retail concepts will be arranged effectively on around 8,000 square metres. Here, the mix of tradition and innovation that is characteristic of Munich is developed anew.

In the initial phase, which will conclude by the end of 2020, parts inside the building that have been agreed with the preservation authorities will be dismantled, the complex construction logistics will be successively set up and the foundation will be upgraded under archaeological supervision, among other things with the aim of protecting a 15th-century ground monument. The shell structure will be dismantled next. At the same time, individual ceiling sections in the historical part of the Alte Akademie will also be dismantled and the roof truss and the existing windows renovated. With the completion of the shell work from the middle of 2022, the finishing work will begin until the handover to tenants in 2023.

The Alte Akademie is located in one of the most attractive areas in the heart of Munich and has a 130-metre-long front in the pedestrian zone. This former Jesuit College was originally built in the 16th century. It was acquired by Signa in the form of a 65-year leasehold in 2013. In coordination with the regional capital Munich, an international single-stage realisation competition was held, and the results were presented to the public in April of 2016.

The contract for the conversion was awarded to Basel-based architectural firm Morger Partner Architekten. The historical ensemble will be developed further in a harmonious and sensitive way. All faades will be renovated in accordance with preservation orders. Any interventions that may be necessary are based on the character of the existing architecture, which is over 400 years old.

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Signa starts renovations on the Alte Akademie in Munich - Property Magazine International

ITHACA, N.Y. -- As phase one of the pandemic re-opening continues in the Southern Tier, construction projects outside of public resources and infrastructure are being allowed to move forward. Among them are two larger development previously approved for the city of Ithaca - the redevelopment of the Chacona Block (a.k.a. the old Collegetown Bagels building) at 411-415 College Avenue in Collegetown, and West End Heights on the corner of West Court and North Meadow Streets.

Both are currently in the demolition and site preparation stage. Demolition work had previoiusly been allowed to proceed at the vacated West End Heights properties at 709-713 West Court because affordable housing development was okayed by the state as a public resource development. Demolition work on the old Chacona Block will begin on May 27th, per notice from the City of Ithaca.

The five-story West End Heights project, developed by Lakeview Health Services, will bring sixty apartment units to the city when it comes to completion in late 2021. As previously reported, "(o)n the first floor of the $21.7 million building, office space will be available for both residents and other Lakeview clients. Twenty of the units will be reserved for people with a mental health diagnosis, and an additional 10 units are for people with a diagnosis who are also experiencing homelessness. The remaining 30 units are affordable housing (households making less than 60% area median income), with eight of those units for 'homeless or unstably housed individuals who may also have special needs relating to substance abuse and/or HIV/AIDS'".

As is often the case with affordable housing, projects like West End Heights take years to begin construction after receiving approval from planning boards. They are dependent on federal housing grants and awards because lower-income housing doesn't have a high enough return on investment (profit) for conventional bank financing. Although the project was approved in the fall of 2017, the last needed piece of construction funding wasn't rewarded until last May. The city of Ithaca, Tompkins County and the state of New York have all contributed funds to help make the project a reality.

Plan Architectural Studio of Rochester is the architect, while local firm Trowbridge Wolf Michaels Landscape Architects is handling the landscape designs. Another local company, T.G. Miller P.C., is in charge of the civil engineering and site surveying.

Meanwhile, across the city in Collegetown, Student Agencies is beginning work on their new home at 411-415 College Avenue. The project has not been without controversy, as the century-old Chacona Block was debated for historical designation (landmarking). The discussion, which drew heated commentary both in favor and against the designation, which would have prevented demolition in all cases except emergency. The Common Council was split by a 5-5 vote, with the mayor casting the tie-breaking against the designation.

As planned, the new $12 million Student Agencies building would provide first-floor commercial retail space and 56 student-oriented apartments on the second through sixth floors. A public plaza would take the place of the former Collegetown Bagels Patio space on the roundabout intersection of Oak and College Avenues. Final site plan approval for the development was granted in February, with a planned August 2021 opening. The phase one re-opening came in time for the project to stay on its original construction schedule.

Local firm HOLT Architects designed the new building, and prolific Ithaca firm Whitham Planning and Design penned the new public plaza space. T.G. Miller P.C. did the civil engineering work, and Ithaca's Elwyn & Palmer Consulting Engineers provided further engineering work.

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With construction work okayed, two major Ithaca projects move forward - The Ithaca Voice

Centurion Union, Phase II. AMERICAN LANDMARK DEVELOPMENT

A four-story building is taking shape along Stuyvesant Avenue in Union representng the second phase of Centurion Union, a mixed-use development helping to transform the townships re-imagined Union Center.

Steel is 75 percent up and the elevator and stair towers are topped out to the fourth floor of the building, which will offer 75 rental residences and 10,000 square feet of street-level retail space.

The construction progress follows the success of Centurion Unions first phase, a collection of 80 luxury apartments that opened earlier this year and is already 50 percent leased, with a number of residents moved in. The multi-phase project is being developed by American Landmark Development, which was designated by the Township of Union as the redeveloper of the Stuyvesant Avenue Redevelopment Project. When completed, the initiative will deliver 300 new residences and approximately 27,000 square feet of retail space housed in four buildings.

Were excited to show tangible evidence of our shared vision with Union Township of providing a downtown destination for residents to live, dine and shop, said American Landmark DevelopmentFounder Manuel Fernandez. With the first phase of apartments completed and already being enjoyed by residents and construction moving along on the second phase, were well on our way to breathing new life and energy into Union Center.

American Landmark expects to deliver Centurion Unions second phase in approximately eight months.

Leases have already been signed for a portion of the 10,000 square feet of retail space, including Unity Bank which will anchor the space. The entire project will occupy 724 linear feet along Stuyvesant Avenue.

Located at 975 Bonnel Court, Centurion Unions initial five-story building features 80 luxury apartments and a host of modern amenities. Net-effective monthly rents currently start at $1,825 for one-bedroom residences and $2,400 for two-bedroom floor plans with up to two free months, a limited time $50 monthly bonus, and a reduced security deposit. Immediate occupancy is available, with additional incentives available for quick move-ins.

The Marketing Directors, Centurion Unions exclusive marketing and leasing agent, employed a digital presentation to maintain strong leasing velocity. The customized one-on-one experience leverages video, images, floor plans and other digital tools to fully demonstrate the new lifestyle offering.

Homes feature keyless entry doors and expansive living spaces with 9-foot ceiling heights, wide wood-style plank flooring, and vented in-home washer and dryers by GE. Kitchens offer full-size slate GE appliances, gas range stoves, island/peninsula work spaces and quartz countertops, while baths are equipped with glass-enclosed showers, porcelain tile and polished chrome fixtures.

Residents of the 24-hour access-controlled building also enjoy a modern suite of amenities to provide a complete lifestyle experience, including a fitness center, game room, resident-only lounge, flexible co-working space, childrens playroom, dog run and onsite parking.

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Phase II of Centurion Union construction well underway - NJBIZ

Construction of The Ascent at Top of the Hill, a US $80m mixed-use, luxury residential apartment development at the gateway to Cleveland Heights has begun. The Top of the Hill project is located at a four-acre parcel the junction of Cedar Road and Euclid Heights Boulevard.

The project is the biggest mixed-use residential project in Cleveland Heights and will feature some of the best amenities offered in the greater Cleveland metropolitan area. The project consists of 261 luxury market rate apartment homes and 11,000 square feet of commercial retail space and a 500-space parking garage.

Comprised of studios, one and two-bedroom apartment homes and select premium three-bedroom penthouses, The Ascent will be authentic to the areas rich heritage by stitching together the iconic and modern and the historic.

Residents will enjoy a variety of amenities including a rooftop amenity area featuring a rooftop pool, rooftop lounge including two grills and firepit. The project is designed to include two distinct co-working spaces, one an indoor co-working lounge, the other an outdoor co-working patio space.

A quarter-acre public green space is designed as a small public park, with opportunity for public art, outdoor recreation and leisure. The park also provides pedestrian access to the public garage.

Also Read: US 2.3bn One Madison Avenue project to be developed in Manhattan, US

Additionally, the project features a bark park and dog spa, fitness center featuring workouts on demand, bike storage area with bike wash and repair station and an additional courtyard space with grill and outdoor kitchen. Residents will have access to private garage parking and parcel delivery system, and a pedestrian bridge connecting the buildings will provide weather protection, move-in staging rooms and a guest suite.

The Ascent at Top of the Hill will be focused on custom service to their residents, featuring morning coffee service and other hotel-like amenities. Apartments will include modern finishes, LED lighting, washer/dryer, stainless steel appliances, quartz countertops, secure fob building and unit access and most apartments include private balconies.

In addition to the public private partnership with the City of Cleveland Heights, Goldman Sachs Private Bank provided a US $52.6m construction loan to the project.

Construction immediately began this week following financial closing. It is the second Flaherty & Collins Properties development to close in the past 30 days, following 4th & Race in downtown Cincinnati. The firm anticipates closing several more projects in the coming months.

According to David Flaherty, CEO of Flaherty & Collins Properties, it is great to see so many cities investing in economic development, especially at this critical time. Residential and mixed-use projects no doubt creates jobs, boost the economic impact and make robust and thriving neighborhoods.

The Ascent at Top of the Hill, at 460,056 square feet, is anticipated to be completed by the Spring of 2022.

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Construction of The Ascent at Top of the Hill project in Cleveland Heights, Ohio, US begins - Construction Review

Manhattan, NY The Tri-State Investment Sales Group for Avison Young has arranged the $28.712 million sale of a retail condominium unit located at 1683 Third Ave. on behalf of the propertys ownership, a partnership headed by Extell Development Co., the propertys developer. The asset is located within the Yorkville submarket of the Upper East Side and situated at the base of The Kent, a newly constructed, 30-story condominium building on the corner of Third Ave. and 95th St.

An Avison Young team comprised of principals James Nelson, head of tri-state investment sales, Vincent Carrega, Neil Helman, director Brent Glodowski and associate Angela Mulder, represented the owner.

The newly constructed property features 12,796 s/f at grade and a 9,767 s/f lower level selling space for a total of 22,563 gross s/f. The NYC School Construction Authority currently has a long-term lease at the property occupying 11,492 s/f on the ground floor, while the remaining 1,304 s/f ground floor space and entire 9,767 s/f cellar were available for lease at the time of the sale.

The retail condominium at The Kent offered the opportunity to acquire a newly constructed retail space in the base of a beautiful luxury Upper East Side property with a built-in tenancy and an in-place cash flow, as well as future upside with the remaining available space, said Nelson. Even in this challenging retail market, Avison Young found that there was significant interest in this investment, driven primarily by the credit of a long-term lease with the New York City School Construction Authority for a Pre-K school, servicing thousands of residential units and young families in the Yorkville neighborhood.

The property features 212 ft. of frontage (including 161 ft. on Third Ave. and 51 ft. on 95th St. as well as 15 to 19-ft.-high ceilings on grade and 15-ft.-high ceilings on the lower level. The investment also includes a 421-a tax abatement benefit.

The neighborhood is an ideal location for any number of retailers including restaurants, shops, medical offices, fitness centers and other retail uses. 1683 Third Ave. is located just one avenue west of the 96th St. and 2nd Ave. subway station serving the Q line and one avenue east of the 96th St. and Lexington Ave. subway station servicing the 6 line.

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Avison Young arranges $28.712 million sale of Upper East Side retail condominium; owner is partnership led by Extell Development - New York Real...

Modera Creative Village will deliver 292 multifamily units to the Creative Village district of Orlando.

ORLANDO, FLA. Mill Creek Residential, a Florida-based developer, has broken ground on Modera Creative Village, a 292-unit luxury multifamily property in the Orlando.

Located at 505 Chatham Ave., the eight-story midrise building will feature studio, one-, two- and three-bedroom units as well as 10,000 feet of ground-floor retail space. Amenities include a fitness center with a yoga area and classes, a pool and an outdoor courtyard lounge.

Modera Creative Village is part of a master plan for the 68-acre Creative Village district of downtown Orlando. The project is a redevelopment of the former Amway Center sports and entertainment venue. The full development plans include multiple office, residential, retail, hotel and higher education projects.

Modera Creative Village is adjacent to the Lynx Central railway station and the Downtown Recreation Complex at Sunshine Park. Other attractions include a range of museums, restaurants and retail centers, including the Bob Carr Theater, Dr. Phillips Performing Arts Center and several art galleries.

The momentum of Creative Village will produce a dynamic urban infill neighborhood with prime opportunity for immediate growth, and were excited to be a part of it, says Eran Landry, vice president of development for Mill Creek Residential.

First move-ins are anticipated for early 2022.

Mill Creek Residential owns more than 80 multifamily properties totaling more than 21,300 units. The portfolio is concentrated in the Southeast, Northeast and Western regions of the United States.

Alex Patton

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Mill Creek Starts Construction of 292-Unit Modera Creative Village Multifamily Property in Orlando - REBusinessOnline