To Buy Or Lease – That is the question!

One of the first conferences of its kind took place Wednesday, April 3, 2013 at the Race Palace in Plainview, New York.  I assembled a team of experts to present a rationale to corporate leaders for the process of making a decision whether to buy or lease their corporate real estate.  Steven Elliot Cohen, Partner at Franklin, Gringer & Cohen, P.C. and Kevin Leifer, CPA and Tax Director at Gettry Marcus CPA, P.C. joined me as guest speakers.  Collectively, we developed a program that brought our three different disciplines together for a two-hour morning conference.

Over forty key executives of major regional companies accepted our invitation and attended this unique program where they obtained the information they needed from three distinct perspectives; accounting, legal and real estate brokerage.  The topics included:

  • discounted cash flow analysis as a tool to analyze the buy-lease decision
  • why it is often better for fast growing companies to lease and not-for-profits to buy
  • how privately held companies should hold their real estate
  • the implications of owning real estate while maximizing deductions
  • an overview of the Long Island real estate marketplace today

Guests had the opportunity to speak with each of the speakers and walk away with a program booklet as a future resource.  Participants were provided with the six basic questions every business must ask before making a buy-lease decision.

This type of forum was interactive and informative, bringing perspectives from the three disciplines of law, accounting, and real estate brokerage.   Feedback was positive, with many guests saying that they walked away feeling better equipped to make this type of real estate decision.

Many thanks to all for helping to make this conference a wonderful success.  We are already planning our next conference, “How to Negotiate the Commercial Lease – A Tenant’s Guide.”  Watch for it this fall.

David G. Hunt

Spring Cleaning

Yes, spring has sprung!  Nature is renewing itself from the long  cold winter.  We must do the same with the buildings that we own or manage.   Think about the damage from winter.  A roof, HVAC equipment, paving or landscaping will only get worse without attention, and will therefore be much more expensive to eventually repair.

Let’s work our way through the major areas of commercial building maintenance.  While our most important objective is to prevent further damage to deteriorating systems, now is also the time to consider relatively inexpensive cosmetic improvements that can enhance the image of your business.

Now is the time to get a roofer on your roof, particularly if you have a flat roof.  Most roofers will make this inspection free of charge.  Vertical leaders and roof drains should be free of debris.  There should be no ponding on the roof – standing water is deadly to a roof.  Blisters and alligatoring of the surface all must be addressed.  Flashing should be properly sealed and attached.  Any debris on the roof should be completely removed.  Is it time to apply a fresh aluminum coating to reduce your energy costs?

Paving does not last forever, but you can extend its life 50% by proper maintenance.  We highly recommend power sweeping if sand was used during the winter.  Sand is very abrasive to pavement (think… “sandpaper”.)  All cracking should be sealed and potholes repaired.  Seal-coating may be warranted.  Because of environmental issues, all line-striping paint today is water-based, which means it does not last as long as it used to.  If your line-striping is faded and hard to see, think about seal-coating with new line striping to follow.  Curbs should be inspected for cracking or chipping due to snow plows. And take a look at your drainage wells and make sure that they are draining correctly.

You should have a maintenance contract for your HVAC equipment.  All HVAC equipment requires regular maintenance.  Now is the time for a service call to replace filters, check belts and take care of any other problems.

Landscaping is next.  Underground sprinkler lines should be tested and readied for the season.  Take note of dead stock and order replacements.  Mulch in the beds is cheap, great for your plants and looks great.  Take a look around for dead or hanging limbs from trees.

A walk around your building is good idea!  Look for loose mortar, peeling or loose caulking or other signs of winter abuse.  Are doors shutting correctly and are there any obvious signs of air infiltration?  Water stains on the side of the building are indicative of drainage problems on the roof.

And, if you really want your building to stand out, consider some low cost items such as painting sign posts, protective bollards and curbs.  Washing windows and planting flowers at your entrance way will also create a nice impression.  Yes, spring is here, and as nature renews itself from the long cold winter, we can do the same with the buildings that we own or manage.

Tenant Retention

Professional landlords know that one of the best ways to reduce marketing and leasing costs when leases expire is to retain existing tenants.  In many cases, you may not be able to offer the departing tenant the space he needs, but if a renewal of his existing space is a viable alternative, you want to make sure that you have done all you can to keep the existing tenant.

In most cases the cost of retaining a tenant will be far less than leasing the space to a new tenant.  Let’s take a look at some of the common landlord costs of leasing to new tenants and how savings can be achieved with an existing tenant:

  1. Landlords often overlook one of the most expensive costs incurred in reletting – the loss of rent while space is vacant and being marketed.  A loss of six months’ rent, or possibly worse, can be devastating to the cash flow of a building.  While you may get lucky and lease immediately, it is not likely in many markets.  In contrast, retaining an existing tenant keeps your space occupied and the cash flow healthy.  Even if a rent concession is part of the package to retain a tenant, it is a managed loss.  
  2. Another major cost for a new tenant is the “build-out.”  New tenants, in many cases, are looking for extensive installations.  These installations hurt twice; the actual construction cost and once again, the loss of rent during the period of construction.  An existing tenant, on the other hand, is often satisfied with repainting and re-carpeting, or perhaps even better from the landlord’s point of view, a redecoration allowance.  
  3. Brokerage is also a cost that is likely to be more expensive with a new tenant.  On Long Island, the brokerage rates for the first three years of the lease payments are usually more expensive than the balance of the lease.  Renewal options are typically at a lower rate or may not even apply, depending on your situation.  There are other expenses as well, such as; legal costs, marketing expenses, and utilities, which are almost always more expensive for a new tenant as compared to renewing an existing lease.

So, now we know how important it is to retain your tenants.  The tenant retention campaign is the best way to achieve this and one that must begin early.  Simply, a happy tenant is one that is going to want to renew in the future.  Tenant concerns need to be addressed quickly and fairly and the landlord’s obligations need to be met in a prompt and businesslike manner.  Your objective is to build a tenant retention program that makes it very difficult for a tenant to leave.  When your tenants consistently want to renew, your costs will decrease and your profits will rise!

David G. Hunt

Hunt Corporate Services, Inc.

 

How to Slash Occupancy Costs

There is one immediate avenue to slashing occupancy costs that is available to many businesses.  I am talking about the revolution in energy efficiency.  The savings today can be as much as 50% to 70% of what you are paying today.  And I have seen payback periods in as little as 18 months with projects such as a properly designed lighting plan.  Depending on your energy usage, your savings can be moderate to substantial, but either way they are will make a direct impact on reducing your occupancy costs.

At Hunt Construction Services, Inc., our consultants conduct a total energy assessment of  our client’s premises and then prepare a comprehensive usage, savings and cost analysis.  This covers four major areas;  efficient lighting, energy efficient heating, ventilation and air-conditioning, building insulation and an evaluation of solar capability.  After the analysis, we supply and install the required energy efficient upgrades to the building envelope and then design, supply and install a renewable energy system.

Let’s take a closer look!  In lighting, LED lighting (Light Emitting Diode) is the most revolutionary product but not the perfect light for all uses.  However, there are a wide variety of cost-saving fixtures including T8, T5, and HID (High Intensity Discharge) fixtures, many with rebates.  In HVAC (heating, ventilation, air-conditioning) department, today’s systems can represent up to a 50% cost savings as compared to similar units several years ago.  In addition, internet monitoring of individual units is available to wrest the maximum performance for each.

Building insulation has also seen massive improvement.  The vast majority of existing buildings in our area are not properly insulated, so the correct installation of closed cell foam, open cell foam and cellulose, combined with air sealing can be one of the most cost effective ways to reduce the total energy cost of a building.

Finally, solar applications, both electric and thermal, are more efficient than ever and are increasingly being used to supplement or completely provide a facility’s energy requirements, generally with a payback period of 5 to 8 years.

I believe that we have not seen anything yet!  We already have proven the technology  of paint and glass that can generate electricity.  I belong to CoreNet, an international organization of corporate real estate executives, and their mandate to sustainability includes a majority of buildings that are generating more power than they use within the next 30 years!  So in short, this is a movement that you should embrace for an immediate reduction in costs – a good way to offset high taxes and rent.  

David G. Hunt

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The LED Revolution

LED bulbs are now one of the most cost-effective ways to save energy and money because they use as much as 80% less power.  Depending on the application, the payback period can be amazingly short.

While LED lighting has been with us over a decade, it’s widespread use in commercial applications is a relatively recent development.  There has been vast improvements in LED fixtures and retro-fit applications.  Today’s LED fixtures have:

  • a high light output (lumens)
  • use less power (wattage)
  • have a higher efficiency (lumens/watt) as well as a much-expanded color range (Kelvin temperature) than yesterday’s fixtures
  • Many are also dimmable

When you swap your lighting for LED bulbs, you are trading immediately-lowered operating costs for the retro-fit cost, and the more often you operate your lighting, the faster the payback.  The “low hanging fruit” for a retro-fit is any lighting that is operated continuously, such as lighting in a hospital, or for long periods of time, such as in a lobby or an airport parking lot.  I have seen energy audits that demonstrate a payback in less than two years for applications with this type of use.

Another advantage to LED lighting is maintenance.  Because an LED light source is nowhere near as bright as an incandescent source, LED lights must be clustered to increase the lumens.  On a practical level, this means that even if several of the LED elements fail, it will barely reduce the output of the individual fixture.

If you are considering an LED lighting retro-fit, I recommend you start with an energy audit, which will show what you are spending and what you will save.  Secondly, I highly recommend an in-place testing of the fixtures that you are considering.  All LED fixtures are not created equal, and especially for critical operations, you want to make sure that the lumens and color are what you expect them to be.  And finally, investigate and compare the costs of the installation.  There are third-party leasing and financing arrangements that will allow you to retro-fit with a zero up-front cost, paid monthly through your savings in energy consumption.

Lighting is a very large percentage of commercial energy consumption, typically 25% for many companies, and this can be substantially higher for office or hospital use.   So energy savings are significant.  In addition, there are the added benefits of light control and color, reduction of maintenance, reduction of air-conditioning costs (lower heat load), possible tax benefits, and of course, contributing our part to saving the environment.  I believe that LED lighting will increasingly be specified for new construction, and that incandescent and fluorescent lighting will eventually become an outmoded technology of the past.  With the proper audit, recommendations, and testing, the well-demonstrated savings are absolutely available to your company today.

David G. Hunt

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Peak Parking Lots

If you own a commercial building, your parking lot is under a lot of stress right now!  With the coldest part of the winter upon on us, any water that has penetrated into the pavement is now freezing and thawing repeatedly.  The average lifespan of a parking lot is about 20 years, but with proper care and maintenance you may be able to extend that by 50%.  So, in addition to the freezing/thawing cycle, what else causes pavement failure, and what can be done about it?

The original construction of a parking lot (the quality of the installation, materials, foundation, and drainage), and its continuing maintenance are the major factors influencing its eventual life.  If there are problems with the original construction, they will generally show up early in the form of fatigue cracking, depressions or rutting.  The original design should take into account high traffic or areas that might bear extra weight, such as loading zones.  Environment also causes parking lot failure, particularly water infiltration.  Sunlight, water infiltration and a freezing/thawing cycle all contribute to parking lot failure.

A planned maintenance program is the best way to ensure that your parking lot reaches its peak life span.  This includes regular sweeping (sand on parking lots works just like sandpaper on wood), crack sealing, filling potholes and seal coating.  There should be an urgency in sealing cracks and filling potholes.  The longer they are unrepaired, the more extensive damage as water infiltrates.  Winter repair may be temporary, but it should be done quickly.  If necessary, a more permanent repair of cutting and replacing should be done in the spring.

Pavement will age regardless of how it was installed.  Within three to four years a parking lot begins to “ravel”, which means the surface is getting rougher.  This is the time to seal-coat, and we recommend seal-coating no less than once every four years.  This is the time to fill any cracks, which are disastrous to the long term life of a parking lot because they allow water intrusion into the pavement, as well as any potholes.  And obviously, re-striping will be necessary after a complete seal-coating.

There is no magic available to indefinitely extend the life of a parking lot.  But with a planned maintenance program, you can extract the maximum life out of your parking lot, probably avoiding a costly total parking lot replacement by at least 10 years.  This is truly one of those cases in life where spending a relatively small amount of money upfront will substantially reduce your overall cost.

David G. Hunt

 

Resale Value Matters

When growing a business, it’s always a nice feeling to find out that you’ve expanded to the point where more space or owning your own space is an option.  Although there’s a lot of great deals out there in today’s market, you’ve got to think resale down the line.  Hey, markets change and ours is as I write this!  Here’s a few tips on what to look for when purchasing big or small in the real estate world.

  • Make sure the space is suitable for you.  Don’t let the investment side of the acquisition deter you from meeting the needs of your business.
  • Take location into consideration every time you buy.  It’s the one thing you really cannot change.  You can renovate.  You can raise the roof.  You can add an extension, but in most cases, you cannot move your building to a more desirable location.  Think about transportation, shipping and employment costs, and you’ll always come back to location.  This is critical in a place like Long Island where buildings that are close to limited access highways, will appreciate the fastest.
  • When it comes to parking, try to think big, or make sure there’s more than adequate parking at the desired location.  How you or your renters use the space, could mean fluctuations in the number of employees.   Parking is so much more important than most think, and when it comes to future use, you don’t want employees having to park at the local deli or out in the street.
  • Next I would be concerned about ceiling height.  If you own an industrial building and want to appeal to a wide section of business on Long Island, you probably want a ceiling height of 18 feet, under steel.  This accommodates for racking of 3 standard pallets, but won’t be to heavy on your heating bill.  If you go higher or lower than the 18 foot mark, you shrink your number of potential buyers.
  • This may seem obvious to most, but a well constructed building is a much more desirable building to investors.  Paint and carpet is easy, but an engineer giving you the thumbs up on your roof, floors and foundation can mean the world.
  • Lastly, you should think about the environment your building is located in.  This may sound like “Location”, but trust me it’s different.  Whether on site or in the general area of your building, you do not want there to be environmental issues.  Have a complete understanding of the area when it comes to anything from chemicals utilized and disposed of, to water runoff after a good rain.

Working the above tips into your thought process when  making a purchase can significantly boost your resale value years from now.

David G. Hunt

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Rights of First Refusal

Many people often ask me the difference between a right of first refusal and a right of first offering  Well, I have some thoughts to share.  A right of first refusal is a contractual right, giving you the option to purchase the building before it can be sold to a third party.  An option, is the right to exercise something, but not the obligation to do so. Ask for the right to purchase the building that you lease in the event that the landlord is prepared to sell it to someone else, but you are not obligated to do so.  Most often, this right can be exercised at the same price that the third party was prepared to pay.  A right of first refusal is often a reasonable request, particularly if you are making a substantial investment in improvements.  

With a right of first offering, a landlord is offering you something completely different.  What he is offering is basically the right to negotiate.  When and if he decides to sell, he is agreeing to offer it to you first.  Thereafter, he may come to agreement with you or not, or simply come to agreement with someone else after he has offered it to you.  I won’t say that a right of first offering is meaningless, but you will truly have little recourse if you are offered the building and then are out-negotiated by a third party.

In the real world, many landlords would naturally talk to their tenant as a potential purchaser before anyone else, so that a first right of offering is merely a statement of the obvious.  The tenant knows the value or condition of the property, and may have invested large amounts of money in improvements, so from the landlord’s point of view, the tenant should be willing to pay the highest price.  The landlord may also be able to avoid marketing costs and a brokerage fee by working directly with his tenant.

Why might a landlord not want to grant a right of first refusal?  After all, if he is going to sell the building anyway, why not to the tenant?  One reason might be that the landlord is contemplating something other than an “arm’s length” transaction.  As an example, he might wish to eventually transfer the title within the family for estate purposes. Another reason is that it is very difficult to market a property for sale that is encumbered with a right of first refusal.  Neither potential buyers nor their brokers really want to spend the time negotiating on a property that can be swept away at the last minute by an existing tenant after the negotiations have been completed.  In addition, the broker may have a claim for a brokerage if he has produced a buyer, “ready, willing and able” to purchase the property, whether his potential buyer closed on the property or not.

So what does this mean?  It means you have to look closely at how important it is that you eventually own the property.  A normal transfer of property title does not void your lease rights, so one solution is to ask for a lease term plus options to renew that satisfactorily allow you to amortize your start-up costs and protect your interests.  If future property ownership is critical, you will want to stand your ground in lease negotiations for a right of first refusal, or even better, an option to purchase at a pre-determined price.  If the landlord will only grant a right of first offering, you must be prepared to move on to another alternative.  It is not a satisfactory substitute for a right of first refusal.
David G. Hunt

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Operating Your Business During Construction

Are you considering modernizing and re-configuring your office space, but think there is no practical way to shut down the office for construction?  Here are some suggestions.

Of course, I don’t know your complete circumstances but I can tell you that it is certainly more desirable, if possible, to relocate your present operations temporarily while construction takes place.  But with careful scheduling (and a lot of understanding) construction can take place around your operations.

We recently renovated the administrative offices, lobby, waiting area, lavatories and locker rooms for an indoor tennis facility.  By careful planning, scheduling critical items during off-peak or closed hours and cooperation from staff and patrons, there was never a time that a customer could not come into the facility.  How this was accomplished might be a good model for your own renovations.

First, in cooperation with our client, we chose the absolute quietest part of the year to begin our work.  While the administrative offices had to be open to handle calls and paperwork, the courts were closed for one week to allow resurfacing and new lighting.  This was the perfect time to get real “dirty” work done, in this case, demolition and removing an antiquated boiler, piece by piece.  The staff was temporarily relocated to the lobby/waiting area, the administrative area was isolated with heavy plastic and the demolition began.  Indoor tennis is usually run 16 hours a day, 7 days a week, so finding time when the building was completely vacant was difficult.  For your own construction, however, the scheduling process should limit particularly noisy operations, such as cutting metal or chopping concrete, to evenings or weekends when no one is in the building.

In order to renovate the lavatories and locker rooms, we shut them down one at a time.  Luckily, there was a third lavatory available that was not to be renovated, so we were almost always able to maintain “his and hers” lavatories.  When the administrative area was complete, the staff was moved from their temporary location to the renovated office space.  The lobby and waiting area were then renovated in sections, always maintaining a heavy plastic barrier between the actual construction and public areas.

The downside of construction during operations is that it will cost more, and take longer, than the same job that would allow complete and total access to a contractor.   And of course, no matter how hard you try to completely isolate the noise and dust from construction, there will still be distraction and discomfort for your employees or customers.  But for our indoor tennis client, unobstructed access to the space would have put him out of business for three to four weeks, an alternative that would have been a lot more expensive than our scheduling and construction solution. 

You will have to weigh the advantages and disadvantages of completely shutting down the office for construction, or planning carefully to allow construction during office operations.   It is usually a comparison of the additional time and cost of piecemeal construction versus the cost of relocating or taking your operation offline during construction.

David G. Hunt

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Do We Really Need a Building Permit?

There are several reasons that you should always obtain a building permit for construction.  To be clear, we are not talking about redecoration, so tasks such as painting, carpeting, wall repair, ceiling repair, or replacing a door fall into this category.  But permits should always be filed for the actual construction of new offices or the installation of a new bathroom, as an example.

One of the best reasons for filing permits is to avoid creating problems down the road when the property is eventually financed or sold.  Your buyer or mortgagee is going to want to make sure that the property and its improvements all have the proper certificates of occupancy and necessary permits before title passes or funds are provided.   Over the years, I have seen this scenario many times:  A closing must be postponed (or even worse, a deal is lost) because of the time delay that is incurred in filing for permits, possibly re-doing work, having inspections, and receiving the necessary certificates from the proper municipal authority.  In addition, any work that has not been done to code may often have to ripped out and rebuilt to code, so now you have paid for your project twice!

Another reason to spend the time and money on properly permitting your project is potential liability that you may incur.  If your construction was not built to fire code, as an example, and there is a fire that destroys property or injures people, you could face severe legal liability issues, and perhaps even criminal charges.   Do you really want to incur this sort of liability to save a little time and money?  Most of us like to sleep at night!

In most municipalities, if you are caught building without a permit, the job will be completely shut down.  Now, not only have you really delayed your project, but you are in the middle of construction.  The only way to resolve it is to start the entire process necessary to obtain permits that should have been done in the first place!  And of course, at this point, your municipal building inspectors are going to be especially vigilant and non-forgiving.

As a construction company, we cannot afford to build for a client who is not willing to obtain the proper permits for their project.  We work with the municipalities over and over again, and the last thing that we need is a black eye in the industry.   Follow our lead and that of every other reputable contractor.  Building without a permit may seem like a shortcut, for both time and money.  The truth is that building without permits usually results in more time and money being spent to rectify the problems that you created.  Do yourself a favor, and do it right the first time!

 

David G. Hunt

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