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Entries Tagged as 'Office Space Negotiations'

US Office Vacancy Rate Hits 16-year High

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NEW YORK (Reuters) – The U.S. office vacancy rate  in the first quarter reached its highest level in 16 years, but the decline in rents eased and crept closer to stabilization, according to a report by real estate research firm Reis Inc.

The U.S. office vacancy rate rose to 17.2 percent, a level unseen since 1994, as the market lost about 11.6 million net square feet of occupied space during the first quarter, according to the report released on Monday. The U.S. vacancy rate inched up 0.2 percentage points from a quarter earlier and was 2 percent higher than a year ago.

"As labor markets stabilize, we expect occupancies and rents to require another 12 to 18 months before showing signs of improvement, given typical lags in commercial real estate," Reis director of research Victor Calanog said in a statement. "Even as occupancy continues to deteriorate, we're observing signs of renewed leasing activity across different metros."

The U.S. office vacancy rate hit a cyclical low of 12.5 percent in the third quarter 2007.

Rental rates fell an average of 0.8 percent in the first quarter, a less steep decline that seen last year. Asking rent fell 4.2 percent from a year earlier. Factoring months of free rent and landlord contributions to space improvements for each tenant, effective rent was down 7.4 percent from a year earlier.

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Commercial Lease Checklist

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It's crucial to understand from the get-go that, practically and legally speaking, there are oceans of differences between commercial leases and residential leases. Commercial leases are not subject to most consumer protection laws that govern residential leases - for example, there are no caps on deposits or rules protecting a tenant's privacy. Keep in mind that besides the amount of the rent, other less conspicuous items spelled out in the lease may be just as crucial to your business's success. For instance, if you expect your shoe repair business to depend largely on walk-in customers, be sure that your lease establishes your right to put up a sign that's visible from the street. And if you are counting on being the only sandwich shop inside a new commercial complex, make sure your lease prevents the landlord from leasing to a competitor.

The following checklist includes many items that are often addressed in commercial leases. Pay special attention to a few of the terms, including:

  • rent, including allowable increases and method of computation
  • security deposit and conditions for return
  • length of lease - also called the lease term
  • whether the rent you pay covers utilities, taxes and maintenance - called a gross lease; or whether you will be charged for these items separately - called a net or, if the tenant must cover three additional costs, a triple net lease
  • whether there's an option to renew the lease
  • if and how the lease may be terminated, including notice requirements
  • what space is being rented, including common areas such as hallways, rest rooms and elevators
  • specifications for signs, including where they may be placed
  • whether there will be improvements, modifications or fixtures - often called buildouts - added to the space, who will pay for them and who will own them after the lease ends
  • who will maintain the premises
  • whether the lease may be assigned or sublet to another party
  • whether disputes must be mediated or arbitrated as an alternative to court

Source: Inc Magazine

Note:
Although this article is a few years old, it still stands the test of time. While this is good information, there is no substitute to assistance from a good tenant representative. That's what we do every day. To top it off, there is no cost to you for the services of your own representative. Landlords invariably have a listing agent under contract. The tenant representative represents you, but shares in the listing agents fee. It's win-win for you.

Find a Tenant Representative to find the right space ant the right price without the hassle.  Avoid costly mistakes and get the best deal possible.

Commercial Real Estate , Lease Negotiations , Office Leasing Tips , Office Rental , Office Space , Office Space Negotiations , Tenant Representation

Rise of Virtual Offices Cuts into Conventional Leases

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In the troubled world of commercial real estate, where available space far exceeds what is currently needed, landlords have another reason to reach for the antacids:

Demand is growing for virtual offices.

That's not a patch of beach where you plant a chair, crack open a cold one and your laptop, and declare yourself "at the office."

A virtual office is shared work space - meeting and conference areas, reception desks, copy rooms - used on an as-needed basis, at a cost that could be considerably less than rent under a conventional multiyear office lease.

It includes shared support services, too. Depending on the provider, that could mean a receptionist along with a team of administrative assistants to help develop marketing plans, create business cards and brochures, even assist at trade shows.

And sometimes, just a stiff drink is in order. At American Executive Centers' virtual-office facility in King of Prussia, manager Gwen Bonsall Donnon dipped into the office-party stash one day to come to the aid of a client who declared after a rough day: "I need a rum and Coke."

Donnon also is keeper of the props. In her office, among other things, is a box of framed photos belonging to one of the virtual-office clients. She puts them out when he visits, to help personalize his rented space.

"We even put trash in the trash can so it looks like he's been in there," she said.

The Philadelphia region has at least five virtual-office providers offering a range of space - even in such posh addresses as One Liberty Place - and services. Costs range from at least $60 a month (for a corporate address to which mail can be sent) to $460 a month.

At American Executive, believed to be the region's largest locally based virtual-office provider (seven facilities), business is up 75 percent over the last year, said president G. Michael Howard. Lawyers account for 30 percent of new clients; entrepreneurs and start-up companies make up an additional 25 percent.

And for the first time in its 27-year history, Howard said, American Executive's virtual-office clients outnumber conventional tenants, 550 to 375.

For years, virtual-office users were typically global companies wanting a place to hold meetings during temporary visits.

But the concept's appeal has grown recently, in large part because of the recession, said Bruce Bard, owner of Intelligent Office, a virtual-office operator in Marlton with about 135 clients.

"When the times get tough, people look to drop their overhead expenses - to work from home or find cheaper alternatives without losing their professionalism," Bard said.

Nancy Fox, general manager of The Office Works in Trevose, called its virtual offices "the hybrid space between a post office box . . . and an actual physical office" secured by a long-term lease.

"It's a way to take that step forward during these hard times for people who are afraid to spend money," Fox said.

Owners of three local businesses with virtual offices shared their experiences last week.
 
Expand reach, enhance image

Brian Lureen still leases 2,500 square feet in Malvern's Great Valley Corporate Center for $5,800 a month.

But a year ago, the 47-year-old president and chief executive officer of Heritage Fincorp Inc., a wealth-management company, added through American Executive virtual-office space at the Radnor Financial Center for a monthly base price of $330. Some services are extra.

So satisfied is Lureen with the results - he has been able to expand his business reach to other markets without the expense of a conventional office lease and hiring more office staff - that he is about to enter into a second virtual arrangement. It will be with Executive Office Link Inc., of Malvern, where American Executive does not have a presence, but where Lureen has a home.

Why not just have a home office? The need for some space between his personal and professional life.

"I want to separate my house from clients and regulators," Lureen said.

At home, he also would not have the Radnor Financial Center's stunning decor: marble lobby floors, soaring skylights, lush garden boxes, soothing fountains.

"The virtual office enhances not only your business model, but also your professional image."
 
Minimalist, yet serviceable

Brian Pradon set his laptop on the cherry desk before him, contributing the sole personal touch to his virtual office in King of Prussia. The walls were bare, but for an American Executive Center-provided framed picture of the Great Wall of China bearing an inspirational message: "Teamwork. Many hands. Many minds. One goal."

Pradon shrugged off the austere surroundings. Personal effects, he said, belong "at home. Now, I'm on work mode."

At 31, the Valley Forge resident is operations manager for his family's Mack Employment Services, a staffing company with headquarters in Reading. It has five branch locations: Lancaster, Allentown, Harrisburg, Ephrata, and King of Prussia, the latter being the only virtual office. If such an option were available in the other markets, Pradon said, he would switch to it.

Converting from a traditional office lease to a virtual arrangement has saved his company about $1,800 a month, "which, to a small company, is significant," he said. That is especially true for his, he added, since Mack's business dropped 35 percent from 2008 to 2009.

In Pradon's virtual office, for $205 a month, his calls are answered and rerouted to him if he is on the road. His mail is collected. Packages are signed for. Copy machines are just across the hall - and bagels and cream cheese are served every Friday.

"You have what you need to do the job," Pradon said.

Lower rent, fewer hassles

Carole A. and Brian P. Cleere are virtual-office novices. On Feb. 1, they cut the cord on their conventional office, at the Wynnewood Shopping Center for the 23 years they have practiced law together.

They have jettisoned an $1,700 monthly rent and the hassles of maintaining an office with a staff of "one-and-a-half people" to answer the phone and handle some secretarial work.

In exchange, the Cleeres said, they have gained access for $330 a month (plus incidentals) to more extensive support services than they had, including paralegals, and more impressive digs - a 15,000-square-foot suite of meeting rooms and accessory areas on the third floor of a nine-story office building just off City Avenue.

"A stepped-up image" is what Brian Cleere, 71, called it, minus two staples of law-firm interiors - framed law degrees on the walls and shelves of brainy books.

Legal journals are so yesterday, it seems, replaced by online research opportunities. As for the professional certificates?

"They are in my home office, so I feel protected," Brian Cleere said. "My ego is still there.

Source: Philly.com

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Now is the Time to Act?

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According to a recent article in the North Bay Business Journal, now is the time to act to take advantage of the bottom of the market:

"The title of the recent Sonoma State University economic outlook conference “The Time is Now” couldn't have more meaning than it does with the current office real estate market. We are at the bottom of the market, and now is the time to take advantage of the current opportunities before it’s too late."

I wish it were true, but as far as I can tell we have a ways to go before the actual bottom is reached in the North Bay or anywhere else. Now, that does not mean that now is not a good time to negotiate a great office deal.  Landlords are hungry and hurting and some fabulous lease of purchase deals are available to those willing to dive in. Until the unemploymet rate starts to drop, the bottom is still in the future, probably within a year or maybe even two.

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Owners Who Negotiate Debt Reductions Could Face Tax Hits

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Mar 2, 2010 - CRE News
With property values well below where they were three years ago, borrowers are increasingly trying to negotiate reductions in their loan balances.

But doing so could trigger a substantial tax hit on any forgiveness of debt.

The tax-liability issue became fodder for headlines in recent weeks when the owner of Manhattan's Stuyvesant Town/Peter Cooper Village offered to turn the property over in a deed-in-lieu of foreclosure. Its lenders subsequently filed to foreclose.

The property's owner, a group led by Tishman Speyer Properties, won't face a tax liability on any forgiveness of debt because its cost basis in the property of roughly $5.4 billion, less any possible depreciation and capital improvements, is far greater than the $3 billion of senior debt owed. Another $1.4 billion of mezzanine debt is secured by ownership interests in the entity that owns the property. But the transfer of ownership, either through a deed-in-lieu or an actual foreclosure would trigger New York's onerous transfer tax. That tax is assessed at the rate of 3.025% of the mortgage's face value.

The transfer tax liability - it would likely be borne by the property's lenders in the event of a deed-in-lieu or a foreclosure, both of which assume the property lacks the resources to pay the tax - would total $90.75 million. But it could be reduced if the entity that owns the property, as opposed to the property itself, is transferred, according to Harvey Berenson, managing director and member of the general tax group of FTI Schonbraun McCann Group, a New York advisory firm.

In that case, the value of the underlying property determines the amount of the transfer tax. Given that StuyTown's value is said to be roughly $2 billion, the transfer tax would be about $60.5 million.

Meanwhile, given the decline in property values and the volume of debt that was written at or near the market's peak, the number of loan workouts and debt restructurings is expected to explode.

"This is happening all over the country," said Maury Golbert, tax partner at Berdon LLP, a New York tax adviser.

Most properties purchased at or near the market's peak with high-leverage financing "that's coming due now are underwater," he explained.

If the amount of debt is greater than the property's basis, or cost, the borrower would face a tax hit if any of the debt is forgiven or cancelled. And that tax would be assessed at the ordinary income level of 35%, as opposed to the 15% rate on capital gains.

So say an investor bought a property in 2003 for $50 million and because of the run-up in values was able to borrow $70 million at the market's peak in 2007. If the property is now underwater, meaning it's unable to stay current, the owner could try to negotiate a reduction in the property's debt. If successful, the property would face a tax on the amount of debt forgiven.

"If you bought in 2007 and the cost basis is big, that won't be a terrible tax result," Golbert said. But a number of long-time property investors had taken advantage of the flood of capital during the market's peak to take cash out of their properties with hefty mortgages. If those get written down, "you're looking at a more difficult tax situation," he said.

Meanwhile, owners who live in New York City would face an additional 9% hit. After federal income tax offsets are taken into account, the total tax hit could be roughly 42% on the amount of debt forgiven.

"The basic rule is if debt is forgiven, the reduction is treated as taxable income in the year it happens," Berenson explained.

But property owners facing large tax hits can defer their payments. They can, for instance, reduce the tax basis instead of recognizing income from the property whose debt has been in part forgiven. Taxing authorities are also allowing liabilities to be deferred for five years. After that, 20% of the total tax liability is due annually until it's repaid, Berenson explained.

"Lenders can foreclose, or work something out," Golbert added. In either case, depending on where the property is located, potential tax issues arise. "If you work it out, and some debt goes away," you could see a tax hit if the property's cost basis is low enough, he said.

Golbert noted that property owners facing such tax liabilities could, at least in theory, defer them by structuring tax-deferred exchanges. The problem, he said, is that such deals are difficult to structure today. They require equity and debt. If a property owner was hit by a foreclosure, chances are slim that he has sufficient equity to structure such a transaction, and "it's tough to borrow" for such exchange transactions.

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