Taking the Rental Rate Bait

Tenants often determine the success of a lease transaction by the price difference between the initial landlord’s advertised rental rate and the executed, contractually negotiated rental rate. However, by focusing exclusively on the rental rate, a tenant actually stands to lose much more than this negotiated difference.

Among the 40-50 pages that make up a typical lease document, there are at least 100 negotiable items that can lead to significant monies for the tenant. These range from modest ones such as monthly parking fees and rooftop-access rights to more material matters such as sublease rights and termination options. To maximize savings, tenants must negotiate all facets related to their specific circumstances. Below we have provided a few items other than rent that will affect your bottom line:

  1. Accuracy of space needs assessment. Is the assessment of your space needs accurate? For instance, are you sure that you need 5,000 square feet over the five-year term, or could your space be restacked more efficiently to utilize only 4,500 or even 4,000 feet? What about the potential for expansion or contraction over the lease term?
  2. Base-building conditions. Have you identified the deficiencies of base-building conditions when comparing alternatives? If the owner is not held responsible, what is the tenant’s cost to upgrade mechanical, electrical, or fire/life safety systems? A seemingly fair comparison of two buildings with the same quoted rent is not truly comparable if one requires additional expense for base-building upgrades.
  3. Tenant improvements. How much of a tenant improvement allowance will you need to build out the space to fit your needs, accounting for all non-construction related costs? Knowing this is essential to accurately negotiating tenant improvement dollars. Is the tenant improvement allowance offered on usable or rentable square feet? If based on rentable square feet, you will have approximately 12-18% more funds at your disposal. If you are using project management services, you can also negotiate the building owner’s project administration fees.
  4. Realistic occupancy date. When can you take occupancy? This estimate must account for all factors, including scheduling of design, permitting, construction, furniture delivery, technology installation and all other relevant vendors’ work.

CRExtract: 5.28.2010

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Foreclosures, short sales spark bargain hunters - Commercial real estate properties are changing ownership through the recession, but a growing number aren’t through traditional sales. Some of the largest commercial real estate transactions so far this year are labeled unqualified sales, which do not include arm’s-length transactions where money changes hands between an unrelated buyer and seller. Bank-related sales — foreclosures and short sales — accounted for 21.6 percent of all unqualified sales in the first quarter, according to the property appraiser’s office, compared with 5.1 percent of all unqualified sales in the first quarter of 2009 and 1.3 percent of unqualified sales in the first quarter of 2006. Jacksonville Business Journal

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An augmented reality app for office space – For real estate brokers in search of office space, there’s a free, augmented reality iPhone application available in the iTunes App Store. Commercial property search company Rofo has teamed up with augmented reality company Junaio to offer a commercial real estate “channel” as part of the Junaio app’s most recent upgrade, the companies announced last week. Users can subscribe to Rofo’s channel to see property information in “Live View” or “Map View.” The live, augmented reality view allows users to point their smartphone camera at a particular building or city block and see if any office space is available there. Inman

Houston Business Headlines – Money Morning

Houston’s New Project to Provide Jobs

‎To handle the technological tasks for the airline that has emerged from the merger between Continental and United airlines, Houston will be home to “a ..

Job losses feared in Houston as President Obama restricts drilling …

‎HOUSTON—Many local jobs will be lost as President Barack Obama shuts down operations on 33 deep-water-exploratory rigs in the Gulf

Teleflex sells 2 Gulf Coast units

‎The rigging services were sold to the Houston Wire and Cable Co. for $50 million. Jake Elguicze, vice president for investor relations, said the sale was

BP Wants Houston Judge With Oil Ties To Hear Spill Cases

‎The company wants all of the oil spill lawsuits – at least 98 as of May 21 – to be heard in Houston because that’s the home of BP’s American headquarters,

CRExtract: 5.27.2010

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Economic Rebound Slowed Last Quarter – During normal times, growth in the 3 percent range would be considered healthy for the U.S. economy. But the country is coming out the longest and deepest recession since the Great Depression. So economic growth needs to be a lot stronger — two or three times the current pace_ to make a big dent in the nation’s 9.9 percent unemployment rate. Economists say it takes about 3 percent growth to create enough jobs just to keep up with the population increase.  Growth would have to be about 5 percent for a full year just to drive the unemployment rate down 1 percentage point. After the last severe recession in the early 1980s, GDP grew at rates of 7 to 9 percent for five straight quarters and the unemployment rate dropped from 10.8 to 7.2 percent in 18 months.  The Associated Press

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CRE Lending Remains Constricted, But Loosening for Office and Retail – Overall, first quarter commercial and multifamily mortgage loan originations were 12% higher than during the same period last year. But they were 26% lower than during the fourth quarter of 2009, according to the Mortgage Bankers Association’s (MBA) Quarterly Survey of Commercial/Multifamily mortgage originations. The 12% overall increase in commercial/multifamily lending activity during the first quarter was driven by increases in originations for office and retail properties. When compared with the first quarter of 2009, the increase included a 98% increase in loans for retail properties, a 29% increase in loans for office properties, a 5% decrease in loans for multifamily properties, a 28% decrease in loans for industrial properties, a 46% decrease in hotel property loans, and a 68% decrease in health care property loans. Among investor types, loans for conduits for CMBS saw an increase of 657% compared to last year’s first quarter. There was also a 131% increase in loans for life insurance companies. On the downside, commercial bank portfolios saw 4% decrease in loans year-to-year, and the dollar volume of loans for Fannie Mae and Freddie Mac saw a decrease of 49%. Costar

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Fair Value Proposal Could Cost Banks – The Financial Accounting Standards Board proposed a requirement that banks use market values for loans on their books, a controversial move that could cause steep declines in the overall book value of some banks. If the rule-making panel for accounting procedures approves the change, U.S. banks would have to adjust the value of their loan portfolios to the ups and downs of the market, instead of the longstanding practice of using adjusted original cost. If the proposal is approved, it likely wouldn’t take effect before 2013, Mr. Herz said. Closely held banks with less than $1 billion in assets would have four years longer than other companies to start complying with some aspects of the rule. WSJ

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Congress Gets Mean – We’ve already reported that tax writers Sander Levin and Max Baucus plan to raise the tax rate on most “carried interest” income from 15% today to roughly 35% next year, and to about 38% in 2013. In a little-understood provision, the Levin-Baucus bill would impose a new “enterprise value” tax on the sale of part or all of any investment firm that has ever earned even $1 of carried interest income. So instead of paying the capital gains tax rate on the sale of such shares, the owners would have to pay ordinary income tax on the proceeds of the sale. This means that owners in private equity firms or real-estate trusts would be taxed twice at a rate approaching 40%—first at the time the money is earned and again at the time of the asset sale. The combined tax rate would therefore rise well above 50%. WSJ

Nwogugu: Many Commercial Real Estate Leases are Incomplete Contracts

SSRN: Litigation Decisions in Commercial Real Estate Leasing

Real estate leases are complex long-term incomplete contracts that require simultaneous, continuous and phased performance, and different types of monetary and non-monetary performance by typically unrelated parties. The lessee’s propensity to comply with lease terms at specific times is greatly influenced by economic conditions, lessee’s resources, and the various costs that may be incurred by the lessee and lessor upon breach of the lease agreement.

Houston Business Headlines – Money Morning

New state recovery plan shifts millions to Galveston, Houston areas

‎The revised plan provides 63 percent of the money to the Houston-Galveston region, an increase of more than $188 million from the original allocation.

BP says tricky deep-sea oil plug plan on track

‎HOUSTON (Reuters) – BP Plc said an ambitious deep-sea operation to choke off a gushing oil leak in the Gulf of Mexico was proceeding as planned on Wednesday

Judge in oil rig case swamped by lawyers

‎Ron White, a Houston-based lawyer for Transocean, asked the judge to hold Ernest Cannon, a Houston-based lawyer representing a woman whose husband died

APNewsBreak: EPA may federalize Texas air program

‎HOUSTON — The Environmental Protection Agency may take over the entire job of regulating air quality in Texas if the state keeps violating the Clean Air Act

Obama Orders 1200 Troops to the US Mexico Border

‎HOUSTON – With Arizona’s tough illegal immigration law and republican senators pressing him on immigration issues, President Barack Obama had to do

Private Security Companies Flourish

‎HOUSTON – In Harris County there are 302 private security companies. The Texas Department of Public Safety, which oversees the industry, says the number

CRExtract: 5.26.2010

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Empty Desks May Slow Upturn in Real Estate - Perhaps an even larger factor driving companies’ decisions is the financial write-downs incurred when subleasing vacant space. When a tenant puts sublease space on the market, it must set aside a financial reserve to account for any projected losses between the rents they are paying and their sublease terms. This reserve depresses short-term earnings, something that many companies, especially those already under financial duress, are reluctant to do. NY Times

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Dearth of Properties Spurs Fund Givebacks – Some real-estate funds, which raised billions of dollars hoping to pounce on bargain properties, are returning money to investors after finding slim pickings, as many banks avoid dumping property by extending and restructuring loans.  A slew of private-equity funds, including ones run by Morgan Stanley, Rockpoint Group LLC and Chicago developer John Buck’s firm, have taken the unusual step of allowing investors to exit their funding commitments when the funds’ investment period expired. A total of 19 private-equity real-estate funds have either returned or plan to return more than $6 billion of capital to investors, said Real Estate Alert, a trade publication. Others have sought to extend their investment periods or change their investment mandates in light of the short supply. “We spent a great deal of time trying to find prudent investments,” said Charles Beaver, a principal at John Buck. But “there was a disconnect between the pricing that was in the market and the return you expected to receive,” he said. WSJ

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The Mall is Undead, But Maybe Not For Long - A New Urbanist developer had gotten a small project going for a traditional neighborhood. Despite the global financial clusterfuck, the developer was able to meet the payments of his commercial loan. But the FDIC sent bank examiners around America and they told the small regional banks that if they had more than twenty percent of their loans in commercial real estate (CRE) they would be put out of business. The banks were ordered to reduce their loads of CRE by calling in the loans and liquidating the assets. Ironically, the banks only called in their “performing” loans, the ones that were being regularly paid off, because they were ignoring and even concealing the ones that weren’t being paid.  Fast Company

One-Third of Houston Area Office Space Considered Vacant

The NY Times published an article regarding office desk space that is not being factored into vacancy rates.  It is deemed ”shadow space”.  Shadow space is considered desk space that is no longer used, nor marketed to potential tenants.

In 2008, when the stock market crashed and recession began, businesses were forced to layoff employees in an effort to right-size balance sheets as well as prepare for economic uncertainty.  Today, many businesses that laid off employees still harbor this excess space (shadow space) and are looking for ways to backfill it when the economy improves.  But, it is likely, the majority of this shadow space will return to the market through a company relocation or downsizing when a lease renegotiation or renewal takes place.

While shadow space should be of interest to landlords, a greater area of concern is in the competing office landlord leasing marketplace.  Based on information provided by Costar, the amount of vacant office lease space (marketed space for lease + non-marketed space for lease) in the Greater Houston area is 20% of the total.  Now, factor in sublease space availability of 3% and this overall vacancy totals 23%.  Keeping in mind this statistic does not include office buildings that are designed for the purpose of medical, flex, or retail, 77% of our pure office space is currently being utilized.

But, a more in-depth study reveals that the total available space in the Greater Houston area is much greater.

The total available space is the aggregate amount of space that is currently being marketed for lease and sale. It includes any space that is available, regardless of whether the space is vacant, occupied, available for sublease, or available at a future date.  This figure includes only existing, under construction, and under renovation buildings in its statistical calculations; not proposed buildings.

The total available space in the Greater Houston area is 30% of the whole. This is a stark comparison to the broker reports for the office market that indicate anywhere from 13%-17% of office space is vacant.

Now, back to the NY Times article.  If shadow space is a part of the whole, and using calculations from the article for Manhattan office space, another 3-4% can be added to our figure.  This would indicate that the Greater Houston office market has over 33% total office space available, or one-third of its pure office space sitting vacant.

And, with recent market volatility and continued economic uncertainty, this number is sure to grow.

Houston Business Headlines – Money Morning

Houston company to expand oil pipelines

HOUSTON, May 25 (UPI) — A 140-mile crude oil pipeline across Texas will expand refining access and serve as a major energy hub for the US South, a Houston

Jacobs wins contract in Houston

awarded a $70 million contract by the General Services Administration for work on the renovation of the GT “Mickey” Leland Federal Building in Houston.

Ceo Taking Landrys Private

After a two-year-long journey to take Landry’s Fertitta, chairman, chief executive officer and president of the Houston,

CRExtract: 5.25.2010

Defaults on European Commercial Mortgages to Rise – Defaults on European commercial mortgages will increase as banks restrict lending to prime properties, according to Moody’s Investors Service analysts. Of 18 commercial real-estate loans due in the first quarter, seven defaulted and only one was refinanced, the New York-based rating company said in a report on the commercial mortgage-backed securities that it covers. “We do not expect CRE loan performance to improve” in the coming quarters, analyst Manuel Rollmann wrote. “We still expect that many CMBS loans will default during their term, or at maturity.” Businessweek

SBA Could Run Out of Money for Loan Breaks – That means we could see a repeat of what has happened a couple of times before with SBA loans: The higher guarantee and reduced fees will go away for a while, and banks will put loans on a waiting list hoping Congress will restore the breaks (as it did in the past). This means startups and expansions that would be funded by these loans will be delayed. It would be much better for the economy, small businesses, and the SBA’s credibility if Congress would do a longer extension of the loan breaks and say that’s it, instead of playing “now you see it, now you don’t.” The Obama administration also has asked Congress to increase the size limits on SBA loans, so they can be used by more manufacturers and franchises. It also wants to allow small businesses to refinance their commercial real estate mortgages with 504 loans in order to address the problems in that credit market. These relatively noncontroversial proposals have failed to make it through Congress, however. Now the word is these SBA proposals may be tacked on to a much more controversial bill: providing $30 billion in government money to community banks so they can make more small-business loans. Republicans have dubbed this proposal “TARP Jr.”—another bank bailout. The odds of it being enacted are slim. Portfolio.com

Regs, tax breaks expiry to hit lending - However you attribute it, the data show a savage downturn over the past 18 months; overall bank lending is down more than 20 percent from where it began 2009. Commercial and industrial lending is down about $350 billion and commercial real estate lending has fallen by $130 billion. Combine this backdrop with new policies which make lending less attractive and the removal of incentives to borrow and you have a recipe for continued sharp declines in credit. All of this is showing up in the money supply data, which paints a picture of deflationary risk, though that may well prompt policies which ultimately stoke very high inflation. Reuters blog