80 likes | 229 Views
Event Location. February 28, 2012 Location. Federal BRAC Property . The Art of the Transfer. Moderator - Jeff Giangiuli February 28, 2012. Panel Members. Jeff Giangiuli, ADC Director & Senior VP CALIBRE Laura Duchnak, Acting Director Navy BRAC PMO
E N D
Event Location February 28, 2012 Location
Federal BRAC Property The Art of the Transfer Moderator - Jeff Giangiuli February 28, 2012
Panel Members • Jeff Giangiuli, ADC Director & Senior VP CALIBRE • Laura Duchnak, Acting Director Navy BRAC PMO • Tom Lederle, Deputy Chief Army BRAC Division • Dr. Steve TerMaath, Chief BRAC PMD AFRPA • Dan Schnepf, CEO Matrix Design Group • David Knisely, Attorney Garrity & Knisely
Obstacles to Transfer • Availability (Mission, Screening, etc.) • Economics • Environmental Issues • Resources (Time, $, knowledge, etc.) • Reuse Plan (Viability, Zoning, etc.) • Transfer Documentation • Understanding of the BRAC Transfer Process
BRAC Property Transfer Mechanisms • Economic Development Conveyance • Public Benefit Conveyance • Exchange / Buffer Exchange • Public Sale • Negotiated Sale • Conservation Conveyance • Lease in Furtherance of Conveyance
Key Transfer Documents • Survey and Legal Description • Report of Excess / Availability (ROE/ROA) • Federal / Homeless Screening • Legally Binding Agreements (LBAs) • Environmental Condition of Property (ECOP) • Finding of Suitability for Transfer (FOST) • Finding of Suitability for Early Transfer (FOSET) • Finding of Suitability for Lease (FOSL)
Key Transfer Documents (cont.) • Covenant Deferral Request (CDR) • EDC Application / Memorandum of Agreement (MOA) • Bill of Sale / Purchase and Sale Agreement • Environmental Service Cooperative Agreement (ESCA) • Early Transfer Cooperative Agreement (ETCA) • Covenants Restricting Use of Property (historic, environmental, Threatened & Endangered, etc.) • Interim Lease • Deed
Concluding Thoughts Numerous Obstacles must be overcome before a Community can obtain BRAC Property and put it to Beneficial Reuse: • Understand the Process / Required Documents • Start Early and Get the Right Help • Keep your Deal focused on “Simple and Soon” • Keep your Stakeholders Informed • Make sure your “Numbers Work”