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Douglas Wilson Companies Spring 2018 Newsletter

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NEWSLETTER<br />

SPRING <strong>2018</strong><br />

SPECIALIZED<br />

SERVICES<br />

Court - Appointed Fiduciary<br />

Development Services<br />

IN REAL ESTATE-<br />

RICH CALIFORNIA,<br />

WEALTH TRANSFER<br />

ISSUES LOOM<br />

HOW DO YOU TRANSITION<br />

YOUR ASSETS?<br />

Land Entitlements<br />

Asset/Property Management<br />

Assignment for Benefit of<br />

Creditors<br />

Resort/Hotel Management<br />

Receiverships<br />

Trustee<br />

Brokerage & Disposition<br />

Referee<br />

Forensic Accounting<br />

Due Diligence<br />

Chief Restructuring Officer<br />

Special Master<br />

Liquidating Trustee<br />

Bankruptcy Examiner<br />

Expert Testimony<br />

Trillions in real estate legacy wealth, are now<br />

in play, as the baby boom population ages<br />

out of its “wealth accumulation” phase into<br />

its “wealth transition“ process.<br />

DWC is now assisting some of California’s<br />

most prominent families to proactively<br />

anticipate and resolve business issues<br />

specific to their real estate wealth. Acting as<br />

a real estate resource, DWC is very careful<br />

not to displace the family’s legal or other<br />

fiduciary/financial advisors.<br />

Having served as a court-appointed fiduciary<br />

for decades, the DWC team is highly sensitive<br />

to loyalty and confidentiality issues that are<br />

unique to legacy clientele. Understanding<br />

that the illiquidity of real estate wealth<br />

creates distinct issues, we also recognize the<br />

inclination to maintain it in the same species<br />

of legacy asset.<br />

Based on our deep real estate experience,<br />

in all cycles, we have identified two distinct<br />

philosophies in preserving and enhancing a<br />

legacy portfolio:<br />

THE “AS IS” APPROACH<br />

The focus is purely on cash flow<br />

preservation with limited redirection or<br />

application of new capital or reconfiguration<br />

of the asset base. This philosophy<br />

implements an ongoing attempt to keep<br />

operational costs low, avoiding tenant<br />

turnover, and suppressing property<br />

tax reassessment by minimal capital<br />

improvement to the property. Typically these<br />

portfolios consist of B and C classes where<br />

this is acceptable.<br />

THE VALUE ADD / ENTREPRENEURIAL<br />

APPROACH<br />

To improve portfolio value through a<br />

combination of new capital investment<br />

and active repositioning through a mix of<br />

re-tenanting, re-entitling, refinancing or<br />

reallocation of assets. Typically, these legacy<br />

portfolios consist of more varied assets<br />

including but not limited to class A buildings<br />

and properties in the path of redevelopment.<br />

Each portfolio is unique to its own attributes<br />

and characteristics and to the philosophy<br />

of the family. DWC is careful to collaborate<br />

with stakeholders and their advisors to<br />

appropriately create options and to ultimately<br />

transition real estate assets to the acquiring<br />

generation.<br />

For inquiries on confidential matters<br />

involving asset transition, please contact<br />

John L. Morrell at (619) 906-4330 or<br />

jmorrell@douglaswilson.com.<br />

Highest and Best Use Analysis<br />

DOUGLASWILSON.COM<br />

IN THIS<br />

ISSUE:<br />

ADVISORY SERVICES EXPANSION<br />

With DWC’s long heritage working on complex real<br />

estate matters on a national basis, the current<br />

focus to expand our advisory services platform is<br />

a natural evolution for the firm.<br />

WHITE COLLAR CRIME<br />

Scams and frauds tend to flourish during good<br />

times. Returns flow in nicely, camouflaged by<br />

overall economic prosperity, soaring markets<br />

and record real estate values.<br />

Problem Resolution & Fiduciary Services | Legacy Asset Management | Real Estate Advisory | Real Estate Development | Senior Living | Brokerage


WHITE-COLLAR CRIME THRIVES ON A FROTHY ECONOMY<br />

Problem Resolution & Fiduciary Services<br />

Scams & frauds tend to flourish<br />

during good times. Returns<br />

flow in nicely, camouflaged by<br />

overall economic prosperity,<br />

soaring markets & record real<br />

estate values. Red flags may go<br />

unnoticed until it’s too late.<br />

Since 1990, DWC has<br />

untangled a number of frauds<br />

and Ponzi schemes in its<br />

White Collar Crime<br />

Prosecutions<br />

11,500<br />

8,625<br />

5,750<br />

2,875<br />

role as a court-appointed<br />

Receiver. These crimes don’t<br />

just hurt individuals, families<br />

and businesses, but cause<br />

great harm to the wealth and<br />

resources of the nation.<br />

As today’s frothy economy<br />

starts to inevitably abate, DWC<br />

is gearing up for an uptick in the<br />

discovery of white-collar crime.<br />

0 -1<br />

1990 1995 2000 2005 2010 2015<br />

*Shaded areas indicate recession<br />

3%<br />

2<br />

1<br />

0<br />

Leading Index for the U.S.<br />

Large-scale financial fraud<br />

in health care is of particular<br />

concern, with Medicare and<br />

Medicaid malfeasance in<br />

the crosshairs of federal<br />

prosecutors. Likewise, we see<br />

criminal justice resources<br />

focusing on opioid fraud and<br />

abuse detection.<br />

Also emerging as a threat to<br />

the integrity of the country’s<br />

financial system is the illegal<br />

manipulation of securities<br />

markets. Some of the most<br />

damaging cases involve a<br />

scheme called “spoofing”: the<br />

illegal practice of placing an<br />

order for a futures contract<br />

that the trader does not intend<br />

to execute.<br />

RECENTLY, THE DEPT.<br />

OF JUSTICE CHARGED<br />

EIGHT INDIVIDUAL FOR<br />

MANIPULATING FUTURES<br />

MARKETS AND BROUGHT THE<br />

LARGEST FUTURES MARKET<br />

CRIMINAL ENFORCEMENT<br />

ACTION IN HISTORY.<br />

Earlier this year in San Diego,<br />

Deputy Attorney General Rod<br />

Rosenstein addressed the<br />

American Bar Association’s<br />

National Institute on White<br />

Collar Crime who spoke on<br />

such issues. DWC was honored<br />

to attend as newly inducted<br />

members of the National<br />

Association of Federal Equity<br />

Receivers (NAFER).<br />

CONNECTING<br />

DWC Team on the Move<br />

FOCUS ON EXPANDING OUR ADVISORY SERVICES PLATFORM<br />

Real Estate Advisory Services<br />

DWC CEO <strong>Douglas</strong> P. <strong>Wilson</strong><br />

and President John L. Morrell<br />

have been formally inducted<br />

into the National Association<br />

of Federal Equity Receivers<br />

(NAFER), an elite organization<br />

for receivers and legal counsel<br />

dealing with remedies for<br />

white-collar crime that are<br />

subject to federal jurisdiction.<br />

DWC Chief Operating Officer<br />

Nicholas <strong>Wilson</strong> has been<br />

appointed as a director of the<br />

California Receivers Forum,<br />

Los Angeles/Orange County<br />

chapter.<br />

DWC Senior Managing Director<br />

Michele Vives was showcased<br />

as one of the Most Influential<br />

Female Professionals in<br />

San Diego County by The<br />

Daily Transcript, San Diego’s<br />

weekday newspaper focused<br />

on business and real estate<br />

news since 1882.<br />

With DWC’s long heritage<br />

working on complex real<br />

estate matters on a national<br />

basis, the current focus to<br />

expand our advisory services<br />

platform is a natural evolution<br />

for the firm. Our clients have<br />

varied over the years and<br />

have included family offices,<br />

REITs, private foundations,<br />

banks, special servicers and<br />

private equity firms. Upon<br />

historic review, we have found<br />

that the following three areas<br />

are at the center of most<br />

assignments.<br />

ENTITLEMENTS<br />

The ability to navigate<br />

the increasingly complex<br />

process of securing and/or<br />

preserving entitlements is the<br />

foundation of any real estate<br />

project. Great value is created<br />

(especially in California) when<br />

entitlements are approved<br />

which is typically a long<br />

process that combines the<br />

ability to manage a process<br />

that often involves a dozen<br />

different city, county and<br />

federal agencies. Additionally,<br />

local planning groups are<br />

often a key part of the<br />

process as their support<br />

helps on all levels from<br />

staff support to political<br />

endorsement.<br />

MANY LOOK TO DWC AND OUR<br />

INDUSTRY LEADING TEAM OF<br />

EXPERTS TO PROVIDE VALUE<br />

TO THEIR PROJECTS.<br />

ENVIRONMENTAL<br />

There are few projects that<br />

do not have some form of<br />

environmental issue. This<br />

is particularly relevant on<br />

urban properties that are in<br />

the path of new development.<br />

Our extensive experience<br />

with coordinating the proper<br />

professionals to evaluate<br />

an environmental situation<br />

and devise and monitor the<br />

appropriate remediation plan<br />

continues to be an active part<br />

of our advisory services.<br />

NAVIGATING AGENCIES<br />

An active part of the majority<br />

of our assignments has been<br />

the ability to coordinate the<br />

variety of governmental<br />

agencies that are often<br />

involved in our assignments.<br />

Understanding how to deal<br />

with the various agencies<br />

requires the ability to respect<br />

their process but to remain<br />

focused on achieving the<br />

desired end result.<br />

For additional information<br />

on DWC’s Advisory Services,<br />

please contact <strong>Douglas</strong> <strong>Wilson</strong><br />

at (619) 641-1141 or<br />

dwilson@douglaswilson.com.<br />

SPRING <strong>2018</strong> | DOUGLAS WILSON COMPANIES


REAL ESTATE TRANSACTIONS<br />

Brokerage<br />

DWC’s brokerage team remains focused on brokering unique assets for public and private<br />

entities. Three recent transactions illustrate the team’s capabilities in sell/leaseback, taxdeferred,<br />

multi-market property exchanges.<br />

For additional information, contact Alan Scott at (619) 906-4356 or ascott@douglaswilson.com<br />

Sell/Leaseback Industrial Complex<br />

San Diego, California<br />

Recently SOLD! DWC brokerage<br />

worked with one of San Diego’s<br />

premier arts organizations to handle<br />

a sell-leaseback on a 37,316-square<br />

foot building, ripe with redevelopment<br />

potential.<br />

Pitney Bowes Presort Services Building<br />

Omaha, Nebraska<br />

Utilizing its expertise in tax-deferred,<br />

multi-market property exchanges, DWC<br />

is working with a long-term client to<br />

market and exchange a 92,992-square<br />

foot complex.<br />

Premier Commercial Nursery Property<br />

San Marcos, California<br />

Recently SOLD! A turnkey state-of-theart<br />

125,000-square foot greenhouse<br />

operation on four acres within San<br />

Diego County.<br />

AAA Net Leased Facility<br />

San Francisco Bay Area, California<br />

DWC is currently marketing<br />

this single-tenant, NNN leased<br />

investment, with potential for future<br />

medical or retail uses.<br />

Las Vegas<br />

330 E Warm <strong>Spring</strong>s Road<br />

Suite B43<br />

Las Vegas, NV 89119<br />

Phoenix<br />

502 South College Avenue<br />

Suite 300<br />

Tempe, AZ 85281<br />

San Diego<br />

1620 Fifth Avenue<br />

Suite 400<br />

San Diego, CA 92101<br />

San Francisco<br />

50 California Street<br />

Suite 1500<br />

San Francisco, CA 94111<br />

SIENNA AT OTAY RANCH - AN UPMARKET SENIOR<br />

HOUSING COMMUNITY<br />

Senior Living<br />

Washington, D.C.<br />

1200 G Street NW<br />

Suite 800<br />

Washington, DC 20005<br />

For the past few years, DWC has been creating new business platforms to respond to<br />

opportunities created by the aging population: America’s “silver tsunami.”<br />

In addition to its Legacy Asset Management division, DWC has introduced a new series<br />

of upmarket senior housing in partnership with a best-in-class operator, Milestone<br />

Retirement Communities, LLC.<br />

This fall, the first of these long-term hold assets - Sienna at Otay Ranch - will open on a vibrant<br />

infill site in Otay Ranch in the city of Chula Vista. Sienna will offer 111 units of contemporary<br />

living, including 85 apartments for assisted living and 26 units for memory care.<br />

Sienna is now accepting reservations and you can find out more at<br />

otayranchseniors.com<br />

For more information on senior living please contact Michele Vives at<br />

(619) 906-4376 or mvives@douglaswilson.com.<br />

For More Information Contact:<br />

John L. Morrell<br />

jmorrell@douglaswilson.com<br />

(619) 906 - 4330


San Diego • Las Vegas • Phoenix • San Francisco • Washington, D.C.<br />

SPRING<br />

<strong>2018</strong><br />

A MESSAGE<br />

FROM OUR<br />

CHAIRMAN<br />

& CEO<br />

As we enter the second quarter, our focus continues<br />

to be on opportunities and challenges presented by the<br />

aging population. We are busy meeting with families<br />

(and businesses) now grappling with the imminent<br />

transition of legacy assets, much of it acquired through<br />

real estate investments.<br />

Our experience as a fiduciary makes us an ideal partner<br />

for high net-worth individuals who require absolute<br />

confidentiality. It’s fascinating to take a deep dive into<br />

venerable real estate portfolios that will soon be in the<br />

hands of adult children who may or may not know how<br />

to preserve and maintain these holdings.<br />

In this capacity, we are honored to join existing<br />

teams of trusted advisors in the legal, accounting<br />

and trust professions.<br />

By the end of the year, we will open the doors to the<br />

first in a series of senior housing communities<br />

throughout the Western region. We’re smart enough<br />

to know what we don’t know, so we have an excellent<br />

partner in Milestone Retirement Communities, LLC,<br />

who will handle management and operations.<br />

We thank you for your ongoing relationship with<br />

<strong>Douglas</strong> <strong>Wilson</strong> <strong>Companies</strong> and wish you a<br />

prosperous year ahead.<br />

Sincerely,<br />

<strong>Douglas</strong> P. <strong>Wilson</strong><br />

FIND OUT MORE AT<br />

DOUGLASWILSON.COM<br />

PROBLEM RESOLUTION & FIDUCIARY SERVICES | LEGACY ASSET MANAGEMENT<br />

REAL ESTATE ADVISORY | REAL ESTATE DEVELOPMENT | SENIOR LIVING | BROKERAGE<br />

1620 Fifth Avenue, Suite 400<br />

San Diego, California 92101<br />

DOUGLASWILSON.COM<br />

(619) 641- 1141

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