Friday, November 18, 2022
Another Week in October
Friday, November 11, 2022
Conference Season
Sunday, November 6, 2022
What do We Believe is Important
Although a scant amount of time is spent - 1% - my focus today is on that small percentage, as I’ve seen many great things transpire.
Generational wealth. Those business that adopt a strategy of owning the building from which they operate use their 1% most effectively, in my opinion. The majority of the time is in the acquisition, fit out, and move. I’ve witnessed many groups who purchase a location and then never relocate. All the while, the real estate appreciates, tax benefits are enjoyed, and depreciation accrues. Equity in the buy can be tapped for business expansion - buying a competitor, purchasing new equipment, or hiring employees. When it’s time to sell the workhorse - the enterprise paying the mortgage - direction can vary. Some choose to sell the company, retain the building and originate a long term lease with the new owner of the business. Still others prefer to sell the real estate and deploy the equity into one or several income producing real property assets. Regardless, enormous wealth is created which can be passed to heirs. My most extreme example came through such a story. A family founded a manufacturing business during the go-go years of the mid sixties. Lifestyles were supported. Real estate was bought to house the expanding operation. When the patriarch and matriarch died - their children decided to sell the company and retain the real estate. When the family realized the new operators were cutting corners - a decision was made to liquidate the companies home and diversify into other locations. Six years later the holdings have doubled in value and cash flow has as well. Meanwhile the purchaser of the business is bankrupt. Apparently, their strategy was sound.
Allen C. Buchanan, SIOR, is a principal with Lee & Associates Commercial Real Estate Services in Orange. He can be reached at abuchanan@lee-associates.com or 714.564.7104. His website is allencbuchanan.blogspot.com.
Friday, October 28, 2022
Strategies to Avoid a Massive Rent Increase!
Locate a copy of your lease.
Abstract the key dates and terms.
Create a system for assessing the trends.
Schedule an annual virtual or in person meeting with your landlord.
Don’t forget. You have the right to representation. Your owner certainly will have someone.
Allen C. Buchanan, SIOR, is a principal with Lee & Associates Commercial Real Estate Services in Orange. He can be reached at abuchanan@lee-associates.com or 714.564.7104. His website is allencbuchanan.blogspot.com.
Friday, October 21, 2022
An Interesting Investor Conversation
Friday, October 14, 2022
Three Things I’m Hearing
Friday, October 7, 2022
Random Commercial Real Estate Thoughts
Currently, my inbox is cluttered. Seeking catharsis - this column will cause a clearing - which creates calm. Only one week left in the third quarter of 2022. 2023 is an Auld Lang Syne away. Blink and it’ll be here.
Harvested from two calls today, here are a couple of situations that caused angst.
What is a gross-up provision and why should you care? For context,
this came up today in a marathon round with counsel, landlord and tenant. We
are negotiating a lease with a public ally traded company and a local owner.
These conversations are steeped in minutia but typically educational. According
to Donald R. Oder, an attorney in San Diego, “Depending on the type of
lease, the tenant may bear all or only a portion of the landlord’s
expenses. In a “triple net lease,” all of the landlord’s operating
expenses are passed on to the tenant. A lease may, however, contain an
“expense stop” which establishes a point at which expenses begin to be passed
on to the tenant. In this type of lease, expenses for a “base year” are
determined – the expense stop. Thereafter, the landlord pays expenses
equal to the base year and the tenant pays its pro rata share of the
rest. For example, if a lease contained an expense stop at $10,000 (“base
year” expenses), and the landlord’s operating expenses were actually $11,000,
the tenant would pay the $1,000 over the expense stop. It has become more
common in recent years for office leases to contain what’s referred to as a
“gross up” provision. Gross up provisions permit landlords to “gross-up”,
or overstate, operating expenses to simulate the building being at full
capacity.
Here’s how a gross up provision would work in the real
world:
Assume the gross up provision states that common area
maintenance expenses will be calculated for each tenant as if the building was
fully occupied, or at 100% capacity. Further assume the building is
currently only at 50% occupancy.
Under this set of facts, a $1,000 expense to the landlord would be multiplied by a gross up factor of 2 (100% (the markup rate) / 50% (the level of occupancy)). $1,000 x 2 = $2,000 (the grossed up operating expense). The tenant is required to pay a pro rata share based on the percentage of space it occupies – let’s assume 20%. In this scenario, the tenant’s total grossed up obligation would be $400.”
Vacancy
in office buildings has crept up in the past two years. In a healthy
environment, the amount of dark space in a building would be a thing. But now
it is. So, pay careful attention when leasing office space.
Contingency periods. By definition, a contingency or due diligence period allows a buyer to study a purchase - upon their terms - with no obligation to complete the sale if something untoward is discovered and not remedied. Sometimes a seller passes along a vault of information which makes review and approval a snap. Other times, this becomes the buyer’s responsibility - third party reports such as environmental, building inspection, seismic, ALTA survey, zoning report, etc. must be ordered, completed, reviewed and approved. Presumably, enough time is built into the purchase agreement allowing the buyer to either approve existing reports or procure and approve. But what happens if the seller is tardy in delivering the reports to the buyer. Does the approval period automatically extend? This devil in the details caused havoc recently in a deal. We found common ground by saying the contingency period is the later of thirty days from opening of escrow or ten days from receipt of the reports. Bingo.
Allen C. Buchanan, SIOR, is a principal with Lee & Associates Commercial Real Estate Services in Orange. He can be reached at abuchanan@lee-associates.com or 714.564.7104. His website is allencbuchanan.blogspot.com