Simulation 2 Session Contents Important Information before starting Summary of Day 1 Summary of Day 2 Summary of Day 3 Summary of Day 4 Some practice questions Important Information before starting: Indemnifier vs Guarantor -Indemnifier is broader obligations than that of a guarantor. -In case of bankruptcy, the guarantor is not required to meet the bankrupt obligations’, the payment of rent. -Indemnifiers have more legal obligations than a guarantor. The Balance sheet provides a financial snapshot based on assets and liabilities. An audited financial statement ensures the details provided in the statement are accurate and have been verified by an accountant. The income statement provides a summary of revenue and expenses along with the resulting net income. The chronological listing of individual transactions is found in individual If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. journals (e.g. payroll journal, general ledger). Understanding Each Environment site analysis Phase If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. Cost Approach The cost approach is based on the logic that informed buyers will not pay more for a property than it will cost them to build a similar property from scratch and with the same level of utility. Cost approach is most effective for industrial properties. Cost approach includes 2 kinds of costs: Land cost Building cost (Hard Costs + Soft Costs) LAND COST - cost of an area of land e.g. $ X area of the land. HARD COSTS – Costs directly related to the construction of the building. Structural, mechanical, electrical, site preparation, landscaping, excavation, tangible, easier to estimate, the preparation of the property to get it up to functionality SOFT COSTS - Costs related to intangible items such as permits, admin fees, lawyers and does not consider direct construction costs, includes everything from architectural and engineering fees, to legal fees, pre- and post-construction expenses, permits and taxes, insurance, etc. **Industrial properties use hard and soft costs for the building only, do not include total land calculation that is If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. for farming/agricultural** What are the different types of conditions? Types of Conditions A condominium builder’s agreement contains conditions written in one of three ways: 1. Condition precedent: ( something MUST be done or agreement will be null and avoid) Condition precedent means if a condition is not fulfilled, waived or deleted (by amendment), no binding contract has been formed. Whether the agreement is binding is subject to a future event. The condition can be fulfilled, waived, or deleted in writing within an agreed time period, or the agreement is void. It typically contains the words: “This offer shall become null and void….” 2. Condition subsequent: ( Binding agreement is created and exists UNLESS a specific event occurs) Condition Subsequent assumes there is a binding contract, unless a specific event occurs. Allows the option to terminate an agreement under specific circumstances. If the buyer does not fulfill the condition or does nothing about it, the purchase agreement proceeds. The buyer must notify the seller in writing that they are not going forward with the agreement within the time specified. Otherwise, the buyer is deemed to have waived their right to terminate. It typically contains the words:....”this offer shall remain valid and binding…..” 3. True condition precedent: (the action of a third party is required e.g. mortgage approval, severance approval) True condition precedent means that a condition must be fulfilled as written and cannot be waived by one of the parties. It Typically contains the words……”may be waived at the buyer’s/seller’s sole option….” How to write a custom condition If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. What are Leasehold improvements? Leasehold improvements are also known as tenant improvements or build-outs. They are modifications made by the property owner or the leaseholder to render the space more useful or appealing for the tenant. Leasehold improvements are a common practice in commercial real estate spaces. In these commercial properties, the building owners want to attract and retain tenants for the longest possible terms. These improvements may also be provided as part of a new lease negotiation. Leasehold improvements are typically done by the tenant . Interior spaces are modified according to the operating needs of the tenant—for example, changes made to ceilings, flooring, and inner walls. Alterations to the exterior of a building or modifications that benefit other tenants in the building are not considered leasehold improvements. Examples of non-leasehold improvements include elevator upgrades, roof construction, and the paving of walkways. If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. Key point to remember when doing calculation in commercial real estate: Value to pay attention: ● Capitalization Rate % = Net Operating Income ÷ Sale Price x 100 ● Effective Gross Income Multiplier = Sale Price ÷ Effective Gross Income R/U Factor Formulas R/U Factor = TOTAL Rentable area ÷ TOTAL useable area of building You can take this factor and apply it to the square footage of the tenant’s usable area and this gives you the tenant’s rentable area. You then can take that number and divide it by the total rentable area and use that percentage against the CAM charges to get the tenant’s amount payable. Rentable area ÷ R/U factor = Usable Area Usable area x R/U factor = Rentable Area Estimated Net Operating Income = Value x Rate Debt Coverage Ratio = NOI ÷ Total Debt Service Types of retail spaces commonly found in the marketplace: Neighborhood Shopping Centre: under 100,000 sf Community Centre: 100, 000 sf to 400,000 sf Outlet Centre Power Centre: as much as 650,000 feet Big Box Retailer: 100,000 to 130, 000 sf Regional Centre: 400, 000 to 800, 000 sf Super regional: Lifestyle Centre: Freestanding Retail (gas station convenience store) If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. Where would we find needed information? - Geowarehouse : GeoWarehouse is a web-based, centralized property information source that provides state of the art mapping and research tools, as well as professional reports. GeoWarehouse services real estate and non-real estate professionals across Ontario. - Economic Development Offices : The economic development officer of a community is responsible for facilitating and promoting community economic development, in order to increase local employment though the growth and development of business.The goal of the EDO is to lead major economic development initiatives and investment projects on behalf of the government, and coordinate efforts across departments, agencies and organizations to ensure program delivery alignment. - Municipality (Zoning/Planning/Public Records) : Municipalities are playing an increasingly important role in facilitating and regulating business within their boundaries. As the primary land use planning approval authority, municipalities exercise significant power in determining the location, scope, timing and conditions of major development projects. - Local Real Estate Boards What are the three types of industrial properties? General purpose - Most common, can be easily converted e.g. warehouse , packaging, storage facilities Single Purpose – cannot be converted e.g. oil refinery, plants/factories for single purpose Special purpose – This can be used for same featured purposes industries, selected features, limited options to convert e.g. distribution facility with loading facilities, Industrial condominium vs Industrial freehold building Prorated Rent/ Abate rent: Prorated rent is an adjusted amount that you owe the landlord, based on the move-in date. Simply put: it's a partial payment that is consistent with the period of time that you're staying at the property. It's a way for landlords to charge tenants fairly. Some important clauses If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. Rent and Escalation Clauses This clause allows to increase any operating cost to protect the landlord from paying extra. The base rent a tenant pays in the first year is typically just a starting point. One of the most common lease clauses is an escalation clause, which sets guidelines for the landlord to increase rent periodically. Over the course of a long-term lease, owners are exposed to inflation and rising rental rates in the market. An escalation clause allows you to keep rates close to market level without renegotiating every year. EScalation clause needs not to be included in case of Triple net as tenant is already is paying TMI Escalation Period/Clause why would the landlord include it or what happened due to this clause? Answer - landlord can increase the additional rent during the lease term. Renewal Clauses Up to this point, it might seem like a commercial real estate lease agreement is designed to benefit the landlord. But a renewal option favors the tenant. This clause gives tenants the right to extend their lease on a pre-negotiated basis, so they get the benefit of a long-term contract but have the option of getting out after the initial term. It’s not unusual for an initial five-year lease to have multiple five, seven, or even 10-year If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. options. That can be good news for commercial property owners who want to hold on to desirable tenants. The downside for landlords is that sometimes the option is executed during an up cycle when the market could support higher rent rates. A continuous use clause is designed to avoid problems associated with dark space (meaning closed or empty units) in a retail complex. The requirements place responsibilities on the tenant regarding when they can be open for business, as well as requirements for staff, stock, and fixtures. Continuous use and dark space clauses state that a tenant must continuously occupy the rented space for the duration of the lease. The continuous use clause is accompanied by the covenants that the tenant will maintain a substantial merchandise stock and fully staff the operation. Restrictive Use The restrictive use clause of a lease limits, or in some way restricts activities of either the landlord or tenant. Restrictive clauses are especially common in retail leases where they are used to ensure a proper mix of tenants within a shopping centre. For example, one retail establishment may be permitted to sell fresh fruit and vegetables, but not prepared food items because another tenant on the property is a restaurant specializing in lunch and dinner service. Services and Additional rent and charges clause If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. Types of Rent: If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. Types of Leases A gross lease is an agreement in which the tenant pays a fixed rent and the owner pays all operating expenses associated with the property. This type of lease is very common, as many tenants desire security in terms of rent costs. As such, many gross leases have annual escalation clauses built into the lease to allow for changes in operating costs. In a net lease, the tenant pays a portion of expenses associated with the leased property. Depending on the arrangement of rent, there are three types of net leases: single net (Net), double net (Net Net), and triple net (Net Net Net) leases. If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. A percentage lease is mainly found in the retail property market. In this type of arrangement, the tenant is typically required to pay a fixed minimum monthly rent (i.e., to cover taxes, maintenance, and insurance as the bare minimum), plus a percentage of gross monthly income in excess of base sales calculated using the minimum rent. This creates a type of partnership between the landlord and tenant, and rates can be negotiated, depending on the type of business and certain factors, such as the volume of business generated per square foot and markup levels of goods sold or services offered. A retail ground lease/Land Lease refers to the rental of land only, and is also known as a land lease or pad lease. Despite the name, retail ground leases are also found in office, industrial, and recreational sectors, and are common for standalone retail or restaurant sites. A retail ground lease is often of a long duration involving a tenant who covenants to build a structure on the leased land. The building serves as security for rental payments, and upon default by the tenant, the landlord may terminate the lease. Single net - Base net + 1 of TMI (taxes, maintenance, insurance) Double net - Base net + 2 of TMI Triple net- base rent +TMI (taxes, maintenance, insurance ----------------------------------------------------------- The Difference Between Industrial, Retail and Commercial Real Estate Firstly an industrial property is defined as a property used for the actual manufacturing of something, and can be considered either a factory or plant. This is usually zoned for light, medium or heavy industry. This includes things such as warehouses, garages and distribution centers etc. Commercial/Retail property is a commercially zoned property used solely for business purposes, the actual selling of the product, rather than its manufacture — retail stores, malls, shopping centers and shops all huddling nicely under the retail umbrella. If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. Note: Sublet and Assignment: in both cases the original tenant will stay obligated unless the landlord expressly releases the original tenant. What is an IRV triangle ? There are 3 key terms in IRV: Income, Rate and Value Income. This is the NOI (Net operating income) which is generated from the investment Rate: (You may want to read this definition last.) Until you have been introduced to this term many are confused but it is really quite simple. This is the cap rate which is similar to a rate of return. The If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. rate of return that an investor expects to receive. The formula to determine the cap rate is NOI (Net Operating Income) Divided by the price of the Property. (Example $100,000 property with a NOI of $10,00 equals 10%) $100,000/10,000 = 10% Note: cap rates are established by finding the average cap rates for your city. These rates will vary based on market conditions and class of properties. Ask Realtors or research a few recently sold properties to establish a realistic average for your area. Value: Value of or asking price of the property I = Rate x Value R= Income / Value V= Income / Rate Cost approach Income approach Comparison approach Commercial Properties Industrial building Types of commercial properties Office Of all commercial properties, this is probably the most commonly known type as many of us work from our office on almost every other weekday. Although offices are common, there are also various types of offices such as grade A offices, high rise offices, shophouse offices, serviced offices or even co-working spaces. There are also virtual offices available for companies or startups that usually only require registered mailing addresses. Retail Retail properties are something most of us are already familiar with as we usually associate ‘shopping’ with retail. Examples of such properties are shopping malls etc. Medical Suites Medical suites are also commercial properties which are built to cater to the strong demand for healthcare services Medical suites can also be part of mixed developments. Examples would be mixed or integrated developments comprising medical + If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. retail, medical + hotel or even medical + office.. Hotels Hotels are required to cater to the accommodation needs of visitors.Most hotels also have retail units such as restaurants and bars within the building. Summary of Day 1: If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. DAY 1 – Commercial Property Type (OFFICE) Write some of the differences between commercial and residential transactions here: (page 3) Commercial VS. Residential You must know how the selling and buying of commercial properties differs from that of residential properties to ensure they can accurately identify and fulfill all your obligations. Commercial ● ● ● ● ● ● ● ● ● Return on Investment Family or group of investors return values High value property Shares included. Zoning needs more due diligence. Longer conditional periods Longer closing Longer conditional periods Residential - Use/Enjoyment Emotional values Financial based on personal income If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. ● Transactions are more complex due to the intensive research and due diligence required ● More conditions ● More environmental considerations ● More possibility of chemical contamination ● Shares involved ● Forms of ownership: corp, partnerships, sole proprietorship ● More third parties involvement ● Financing based on income of the property ● Deposits are larger or multiple deposits ● Longer working hours ● Confidentiality agreements (seller might not want to let the competitors, employees or their customer know), more financial disclosure included. ● Leases, dealing with more tenants ● Income and expenses ● Buyer motivations - less emotional, more analytical eg. money, rate of return ● More experiences buyers ● Land use issues How does the agreement of purchase and sale for a commercial property differ from an agreement for a residential property (look at HST section 7 as well as signature section)? Page 3 APS Commercial vs. APS Residential - FORM 100 – For HST - (included in/in addition too) - Commercial: FORM 500 – For HST - (no option for included in/always in addition to) ● Most of the commercial properties are subject to HST, if the sale is not subject to HST then the seller agrees to clarify on or before the closing. Any HST on Chattels is not included in the purchase price. - FORM 500 ● ● (Extra line is for the Name of Corporation/Company, if none exist, line is left blank), seal will go under the signing officer. Signature – on the commercial side, an authorized person would sign, a corporation seal would be there and a statement that says “I’ve an authority to bind the corporation.” If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. Why is it important to understand the differences between residential and commercial properties? How do you think your role as a commercial salesperson is different from your role as a residential salesperson? - Timeframe; typically, much longer transaction periods for commercial over residential Commercial transactions are usually much more complex than residential transaction Zoning requirements will play a larger factor in best/highest use of property More knowledge is required by the salesperson with regards to tenants/owners Higher level of emotion in residential transactions vs commercial transactions More business hours with commercial (9-5) vs residential (evenings/weekends) Commercial can involve non-disclosure/confidentiality agreements Commercial buyers are typically more experienced in real estate transactions Commercial ownership often involves corporations rather than individual ownership Residential resale typically does not have to pay HST HST is always payable on commercial transactions Page 7 If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. What questions would you ask the client about their needs? 1. Intended purposes to purchase the office space 2. What the ownership will look like (solo, partners) 3. What is the budget 4. Are they willing to negotiate in terms of - space, money 5. Length of time they will be here 6. Location for the office 7. What is the parking requirement (as per employees and customers if any 8. Visibility of the office 9. Any view preference 10. Building preference What information would you, as a salesperson, be required to gather and/or verify to perform due diligence? Information to Verify/Gather for Office Properties - building physical age - condition of the building - Zoning, added value components - Parking - Proximity to highways - Survey - Building accessibility - Visibility - Lot dimensions - Potential for improvements - Short/Long term investment - Determining price range for purchase Why do we verify information we have gathered? Why does this information matter? ● ● ● ● So that buyer can make informed decision To determine material facts and protect and promote the best interests of the buyer to comply with REBBA due diligence to protect our buyer and ourself Where would you find this information? ● ● ● ● GeoWarehouse Municipality Economic Development Departments (EDD), Local real estate boards and associations. What information would you, as a salesperson, be required to gather and/or verify to perform due diligence? *Conditions to be considered for agreement of purchase or sale of Office Property* (RECO requirements, not real-world scenario) Points of discussion during the class debrief: Difference between commercial / residential property, clients’ needs, how to verify information, how to access the information If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. Identify issues that may require clauses – from the following list. Page 13 - Zoning – included – determine best use/legal conforming use. Existing use is by law. Make sure the existing business copley with current zoning by obtaining a list of permitted uses - Financing – included – determines financial viability and provides assurance. Maybe more expensive. Give the buyer the opportunity to investigate and obtain suitable financing. Needs for 30 days period - Energy Efficiency – included – (due diligence add but buyer can decide after) it may be included or not, it depends on the buyer’s choice. To determine monthly/operating costs It’s not necessary for every property. Assess the energy efficiency of the building (e.g. heat loss) - Parking – included – does available parking meet zoning requirements .adequate parking and parking ratio and need of the tenant. - Building Condition – included - need to know the condition of the structure (building report/engineer report), structural integrity can be verified, deficiencies noted. Age of the building, and patent - Telecommunication System – included –ensure adequate building support for telecommunications, verify ample building support for telecom. It is an office - Building Permit – included – yes, provides verification that all work orders are closed, changes made by tenants meeting zoning by law or not build-outs - Severance – excluded – not looking to divide land, do not need to include - Environmental Issue – include – could identify past environmental issue/area of concern, also may be for financing it is needed, - Tarion Warranty – excluded – Tarion does not apply to commercial, builder may warrant - Demographics – excluded – not needed as demographics apply to retail, not office - Service Contracts – included – Shows expenses and the names of the contractors for the maintenance of the property such as landscaping, cleaning, garbage, maintenance, snow removal, property management , can we assume the contract, are we bounded to the contract, - Leases – included – covers current leases, provides relevant tenant history/turnover - Financials – included – outlines cost/income, provides full financial picture of property - Legal Advice – included – always promote and protect best interests with lawyers. Advise the buyer to obtain independent legal advice regarding the transactions. If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. What are the different types of conditions? Types of Conditions A condominium builder’s agreement contains conditions written in one of three ways: 1. Condition precedent: ( something MUST be done or agreement will be null and avoid) Condition precedent means if a condition is not fulfilled, waived or deleted (by amendment), no binding contract has been formed. Whether the agreement is binding is subject to a future event. The condition can be fulfilled, waived, or deleted in writing within an agreed time period, or the agreement is void. It typically contains the words: “This offer shall become null and void….” 2. Condition subsequent: ( Binding agreement is created and exists UNLESS a specific event occurs) Condition Subsequent assumes there is a binding contract, unless a specific event occurs. Allows the option to terminate an agreement under specific circumstances. If the buyer does not fulfill the condition or does nothing about it, the purchase agreement proceeds. The buyer must notify the seller in writing that they are not going forward with the agreement within the time specified. Otherwise, the buyer is deemed to have waived their right to terminate. It typically contains the words:....”this offer shall remain valid and binding…..” 3. True condition precedent: (the action of a third party is required e.g. mortgage approval, severance approval) True condition precedent means that a condition must be fulfilled as written and cannot be waived by one of the parties. It Typically contains the words……”may be waived at the buyer’s/seller’s sole option….” When identifying issues – Consider… ● Property details : condition, contamination, age, zoning, building permits etc. If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. ● ● Surroundings area : surrounding causing any contamination, new development, existing development, space for parking, any future improvements possible if needed Buyers concerns : What buyer is bringing to the table Protect buyers’ best interests As a salesperson to consider buyer’s best interest, we can gather and verify information. Most important conditions need to be added to the offer to protect buyers’ best interest. Refer to a third party for any professional knowledge if you are uncomfortable or have no/less knowledge. A clause must have (“W” steps): Who is to do it? Who is to pay for it? What is to be done? Within what time limit? What is to happen in the evening : when it is not done? That it may be waived ----------------------------------- Page 18 Scenario Background Information During your conversation with the buyer, they mention they’d like to give the property more exposure by erecting a pylon sign. This requires you to create a custom clause (condition precedent) to address the buyer’s concern. You will need to write a custom condition to determine if a pylon sign can be erected on the property in the desired location and size. What are the key components of a conditional clause (“W” steps)? If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. How to write a custom condition If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. A salesperson should be able to: Page 22 • Explain what leasehold improvements are, who owns them, and who is responsible for them Leaseholder or Tenant Improvements Leasehold improvements are also known as tenant improvements or build-outs. They are modifications made by the property owner or the leaseholder to render the space more useful or appealing for the tenant. Leasehold improvements are a common practice in commercial real estate spaces. In these commercial properties, the building owners want to attract and retain tenants for the longest possible terms. These improvements may also be provided as part of a new lease negotiation. Leasehold improvements are typically made by the owner. Interior spaces are modified according to the operating needs of the tenant—for example, changes made to ceilings, flooring, and inner walls. Alterations to the exterior of a building or modifications that benefit other tenants in the building are not considered leasehold improvements. Examples of non-leasehold improvements include elevator upgrades, roof construction, and the paving of walkways. • Understand what happens to the leasehold improvements at the end of tenancy Who pays for leasehold improvements? Who pays for the leasehold improvement can be decided by certain factors - Market forces (less space, more tenants in the market) also impact the negotiation - Landlords provide tenants with allowance or sometimes the tenant or buyer pays in full or part for that. - it is the lease negotiation and based on the contract Who owns leasehold improvements? - Landlord owns all leasehold improvements (not trade fixtures) What happens to them after leasehold expires? - Ownership is with landlord; landlord may require tenant to revert any improvement back to original state of property - if as per contract tenant taking the improvements, the unit needs to bring to the original situation If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. - if not discussed earlier, improvements will stay with the owner. The capitalization rate (also known as cap rate) is used in the world of commercial real estate to indicate the rate of return that is expected to be generated on a real estate investment property. Value to pay attention: ● Capitalization Rate % = Net Operating Income ÷ Sale Price x 100 ● Effective Gross Income Multiplier = Sale Price ÷ Effective Gross Income R/U Factor Formulas R/U Factor = TOTAL Rentable area ÷ TOTAL useable area of building If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. You can take this factor and apply it to the square footage of the tenant’s usable area and this gives you the tenant’s rentable area. You then can take that number and divide it by the total rentable area and use that percentage against the CAM charges to get the tenant’s amount payable. Rentable area ÷ R/U factor = Usable Area Usable area x R/U factor = Rentable Area Estimated Net Operating Income = Value x Rate Debt Coverage Ratio = NOI ÷ Total Debt Service If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. DAY 2 – Commercial Property Type (Retail) Types of retail spaces commonly found in the marketplace: Neighborhood Shopping Centre: under 100,000 sf Community Centre: 100, 000 sf to 400,000 sf Outlet Centre Power Centre: as much as 650,000 feet Big Box Retailer: 100,000 to 130, 000 sf Regional Centre: 400, 000 to 800, 000 sf Lifestyle Centre: Freestanding Retail (gas station convenience store) Neighborhood Shopping Centre Community Centre Outlet Centre Power Centre If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. Big Box Retailer Regional Centre Lifestyle Centre Freestanding Retail (gas station convenience store) Main Street Retail Downtown Shopping Malls If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. What questions would you ask clients about needs for retail properties? Page 3 ● ● ● ● ● ● ● ● ● ● ● ● ● Potential uses of the property Budget/price point Return on investment, what are their investment goals Location, accessibility, amenities, visibility Timeframe : when needed, long term or short term Property management/maintenance What type of retail mix/size Area/how far from arterial roads/highways/transit Space Requirements Parking Demographics Energy Efficient Short Term/Long Term Investment- Goals What information would you, as a salesperson, be required to gather and/or verify to perform due diligence? If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. - Demographics - Zoning - Market - Location - Accessibility - Improvements - Competition nearby - current use - Proximity to Highway - ESA - future development --Threshold : to determine the population size necessary to support the business. - Range (how much customer want to drive to go to the store) - Survey (if property is less than 20 years city might will have New Development: depends what kind of business is coming to the area. Positive if a new population is coming. Negative if new development hides and decreases the visibility of the store. Why is this information important? - Competition – avoid similar retailers or competing businesses within the vicinity - Range – distance clients or customers are willing to travel for goods or services - Clustering – grouping together of complementary businesses - Threshold – Determining the demographics of population and economic considerations - Traffic Counts – Estimated number of people passing by whether driving or walking - Transit – Property is accessible by multiple modes of transportation (car/bus/train) - New Development/Redevelopment – could affect viability of retail plaza in the future If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. Where would we find this information? - Geowarehouse : GeoWarehouse is a web-based, centralized property information source that provides state of the art mapping and research tools, as well as professional reports. GeoWarehouse services real estate and non-real estate professionals across Ontario. - Economic Development Offices : The economic development officer of a community is responsible for facilitating and promoting community economic development, in order to increase local employment though the growth and development of business.The goal of the EDO is to lead major economic development initiatives and investment projects on behalf of the government, and coordinate efforts across departments, agencies and organizations to ensure program delivery alignment. - Municipality (Zoning/Planning/Public Records) : Municipalities are playing an increasingly important role in facilitating and regulating business within their boundaries. As the primary land use planning approval authority, municipalities exercise significant power in determining the location, scope, timing and conditions of major development projects. - Local Real Estate Boards Salespersons Responsibilities: - Determine the requirements of the buyer - Gather all relevant information - Know where and how to gather information from various sources based on the buyer’s requirements, you shortlist two retail plazas for your buyer. Details about the two properties you shortlisted: If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. What potential issues might you be concerned about while performing due diligence for the two properties? Page 4 **Dry cleaner (service on site) Dry cleaning depot ( just dropping ) Dry cleaner will have environmental issues - odour, contamination, negative impact on financing or insure the property Restaurant and Hair/Nail Salon: chemical use at Hair salon and Restaurant contamination Scenario Background Information Page 7 You agree with the buyer, who chooses Plaza 2 despite the vacancy. The possible environmental issues with the dry cleaning business would impact their ability to obtain financing for Plaza 1 Note any information and buyer requirements you think you should consider before identifying clauses for the offer - Zoning Building permit Offer price Deposit: how much and how (how many deposits) Completion date Time frame Ownership model If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. - Zoning – include – determine best use/verifies legal conforming use, because the buyer would like to investigate adding another unit. - Financing – includes – determines financial viability and provides assurance. To give the buyer the opportunity to investigate and obtain suitable financing. - Parking – include – does available parking meet zoning requirements - Building Condition Inspection– include - structural integrity can be verified, deficiencies noted - Building Permit – included – yes, provides verification that all work orders are closed, due to the fact that the buyer wants to add an additional unit to the plaza, the offer should be conditional upon determining if a building permit can be obtained with respect to the property - Environmental Issue – include – could identify past environmental issues/areas of concern. Also needed for the insurance purposes. - Service Contracts - include – To determine the maintenance costs for the property. maintenance, snow removal, property management - Leases – include – covers current leases, provides relevant tenant history/turnover - Financials Statements – include – outlines income/expenses, provides full financial picture - Legal Advice – include – always promote and protect best interests with lawyers. Leading practice to advise the client to seek independent legal advice. - Insurance – include – cost does not exceed what the client can afford. To make sure insurance can be obtained or if assumable. - Inspect Systems – include – Check HVAC, life safety systems, sprinklers et cetera. - Warranty Equipment – include – To identify potential environmental issues bases history of property and surrounding area, warranty on systems and equipment - Custom Condition – include – Ensure additional units can be built as desired if there is enough empty space available on the lot. - Energy Efficiency – included – it may be included or not, it depends on the buyer’s choice. To determine monthly/operating costs - Telecommunication System – included – verify ample building support for telecom If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. Page 12 Page 12 If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. The offer is conditional upon the buyer determining, at the buyers own expense and satisfactory in the buyer’s sole and absolute discretion, that an additional unit of __________size can be added to the existing property. Unless the buyer gives notice in writing to the seller personally or in accordance with any other provisions for the delivery of notice in this agreement of purchase and sale or any schedule there to not later than ____ PM on the --------- day of -------, 2021, that this condition is fulfilled, this offer shall be null and void and the deposit shall be returned to the buyer in full without deduction. The Seller agrees to cooperate in providing access to the property, if necessary, for any inspection of the property required for the fulfillment of this condition. This condition is included for the benefit of the Buyer and may be waived at the Buyer’s sole option by notice in writing to the Seller as aforesaid within the time period stated herein. 1. Condition precedent: ( something MUST be done or agreement will be null and avoid) Condition precedent means if a condition is not fulfilled, waived or deleted (by amendment), no binding contract has been formed. Whether the agreement is binding is subject to a future event. The condition can be fulfilled, waived, or deleted in writing within an agreed time period, or the agreement is void. It typically contains the words: “This offer shall become null and void….” 2. Condition subsequent: ( Binding agreement is created and exists UNLESS a specific event occurs) Condition Subsequent assumes there is a binding contract, unless a specific event occurs. Allows the option to terminate an agreement under specific circumstances. If the buyer does not fulfill the If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. condition or does nothing about it, the purchase agreement proceeds. The buyer must notify the seller in writing that they are not going forward with the agreement within the time specified. Otherwise, the buyer is deemed to have waived their right to terminate. It typically contains the words:....”this offer shall remain valid and binding…..” 3. True condition precedent: (the action of a third party is required e.g. mortgage approval, severance approval) True condition precedent means that a condition must be fulfilled as written and cannot be waived by one of the parties. It Typically contains the words……”may be waived at the buyer’s/seller’s sole option….” When choosing between precedent and condition subsequent, which shows more commitment by the buyer? - Subsequent has no waiver, shows more good faith and is binding if nothing is done If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. Page 17 If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. Explaining Clauses to a Retail Buyer Role Play Introduction Explain the details of a condition included in Schedule A and confirm the buyer’s understanding. What financial information do we need to determine the value of a retail property? - Income and Expenses (rent, other income) - Expenses (property taxes, maintenance, service contracts) - Assets (building value, land value, equipment) - Liabilities (mortgage, commitment to franchise agreements, accrued taxes) Key points to remember before you proceed further: • When you are doing per sq. ft. calculations, it will be an annualized number • TMI stands for taxes, maintenance, and insurance, which are expenses that the landlord will try to recover as additional rent and is not considered income for the building. • We are looking for a potential rental income calculation. Therefore, include any vacant units while doing calculations. When determining value of a retail property it is important to remember: - Price per Square Foot is always annualized - If not monthly written beside rent then assume it as annual - Do not include TMI in income as they are recoverable - Always use market rent (fully occupied) vs vacancies - Keep eye out for additional income “What steps could you take to become more comfortable determining the value of a retail property?” If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. Access and verify the financial information. Make sure to read and understand the information. Double check the numbers. Use proper formulas to calculate the number to come to proper value. What is given? Potential income = Unit 1&2 rent ( 1200 X 21 X 2 = 50,400) + Unit 3,4,5,6 ( 1000 X 17.50 X 4 = 70, 000) = 120, 400 Vacancy rate = 2% ( 120,400 X 2% = 2,408 ) Effective rental income/ gross income = 120,400 - 2, 408 = 117,992 Other income = TMI (1200 X 5.50 X 2) + (1000 X5.35 X 4) not including Gross operating income= 9,500 Operating expensive = Net operating income= 117,992 - 9,500 = 108,492 Cap rate = 6% value= 108, 492 / 6% = 1,808,200 If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. Introduction to Industrial Properties : “Industrial” refers to any business dealing with manufacturing goods. “Commercial” refers to any business done with the sole motive of gaining a profit. What are the three types of industrial properties? General purpose - Most common, can be easily converted e.g. warehouse , packaging, storage facilities Single Purpose – cannot be converted e.g. oil refinery, plants/factories for single purpose Special purpose – This can be used for same featured purposes industries, selected features, limited options to convert e.g. distribution facility with loading facilities, What are some industrial property uses that you can think of? Refinery Oil refinery Sawmill Plants Packaging Storage Warehouse Military Storage Distribution centre Trampoline Race cars (indoor gocarts) Water park Paintball Food processing ----------Page 38 If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. Gathering and Verifying Information for Industrial Properties Salesperson: Your What information would you, as a salesperson, be required to gather and/or verify to perform due diligence? • Determine the requirements of the buyer for the purchase ● ● ● multiple loading docks, clear height of 30 ft., 20,000 square feet of space, at least 10% office space, ample parking, a fenced perimeter, and a heated warehouse, with the requirement of a transformer to increase voltage, and an adequate sprinkler system. In addition to all these requirements, the buyer would also like to have a separate building for the storage of containers/cylinders of Puron gas• Gather all the relevant information required for the property Location, Time Frame, Financial Capacity, Accessibility, Amenities, Transportation Facilities, Security, Size of building and lot, Identify Clauses for Agreement of Purchase and Sale for Industrial Properties Clauses/Conditions to be included when purchasing Industrial property: - Zoning – included – determine best use/legal conforming use, - Financing – included – determines financial viability and provides assurance - Energy Efficiency – included – determine monthly/operating costs, due to heated warehouse - Parking – included – does available parking meet zoning requirements - Building Condition Inspection – included - structural integrity can be verified, deficiencies noted (building inspection) -Requirement of a transformer – included - to verify ample voltage to be delivered to meet the needs.) -Survey - included - to find our the fenced perimeter meets the bylaws and actual measurements -Telecommunication System – included – verify ample building support for telecom - Building Permit – included – yes, provides verification that all work orders are closed - Environmental Issue – include – could identify past environmental issue/area of concern, automotive repair shop and old phase 1 assessment - Service Contracts – included – maintenance, snow removal, property management - Legal Advice – included – always promote and protect best interests with lawyer - Custom condition – included – anything to do with adding accessory building (storage) - Insurance – include – cost does not exceed what client can afford - Inspect Systems – include – Check HVAC, life safety systems, sprinklers et cetera - Warranty Equipment – include – warranty on systems and equipment What information would you, as a salesperson, be required to gather and/or verify to perform due diligence? Page 39 - Clients’ potential use of the space -Clients wants vs. needs - budget and timeframe - clients’ capacity and willingness to negotiate - Bay width, bay height, clear height, floor load, dock access - Environmental site assessment - Zoning - Building Permits - Proximity to transit (air, sea, road) - Parking/Accessibility Where would you find this information? If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. - Municipality (Planning, Zoning) - Economic Development Office - Ministry of the Environment / Environment Agencies, Third party pros. - Geowarehouse - Real Estate Boards/Associations What do you see as different for gathering and/or verifying information for an industrial property? - Ceiling height, bay depth, loading docks - Proximity to transportation - Buyers safety needs If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. Day 3 – Commercial Properties – Industrial Property Understanding Each Environment site analysis Phase Phase 1 ESA: -visual and historical investigation of the property and surrounding area and is intended to identify potential pre-existing contamination without laboratory testing, taking samples, or intrusive investigation - Not laboratory testing - Timeline: 2 -3 weeks - Cost: $1500 - $2500 Phase 2 ESA: - Taking of samples of soil and groundwater to determine the extent of contamination. - Samples numbers depend upon what is the area, sq feet. Topography also decide how many samples you will take e.g. low land or top land - Laboratory testing included - Timeline: 2-3 months - Cost: $15,000 - $30,000 Phase 3 ESA: If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. - Remediation process where the contaminated soil is removed from the property and clean soil is brought in to replace it - New methods now are able to clean soil on the spot without removing it - Timeline: 8 months - unknown based on the type of contamination and area of the property - Cost: $100,000 - more then the value of the property Cost Approach The cost approach is based on the logic that informed buyers will not pay more for a property than it will cost them to build a similar property from scratch and with the same level of utility. Cost approach is most effective for industrial properties. Cost approach includes 2 kinds of costs: Land cost Building cost (Hard Costs + Soft Costs) LAND COST - cost of an area of land e.g. $ X area of the land. HARD COSTS – Costs directly related to the construction of the building. Structural, mechanical, electrical, site preparation, landscaping, excavation, tangible, easier to estimate, the preparation of the property to get it up to functionality SOFT COSTS - Costs related to intangible items such as permits, admin fees, lawyers and does not consider direct construction costs, includes everything from architectural and engineering fees, to legal fees, pre- and post-construction expenses, permits and taxes, insurance, etc. **Industrial properties use hard and soft costs for the building only, do not include total land calculation that is for farming/agricultural** If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. Scenarios Page 10 and 11 Scenario 1 How would this impact the purchase of the property? - Contamination due to tires can be concerned Deal can fall off Negatively impact the buyer’s decision Financial institute may need phase 1 to approve finance Who would be responsible for costs associated with environmental testing and remediation? -Seller may remedy for the costs for remediation -negotiation for the price and remediation cost - Scenario 2 - - Property was being used For plastic manufacturing Phase 1 needed Financial institute may need Phase 2 might needed because of the potential contamination from plastic manufacturing contamination - - Based on the negotiation Looking at the many positive points of the property, may be buyer will be willing to pay Seller if he doesn’t want to stick to the contaminated property It can be based on seller and buyer motivation If remediation necessary,plastic manufacturer (person responsible for contamination) is responsible to the cleanup If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. Scenario 3 - Contamination from abandoned gas station - ● ● Plastic manufacturer will pay Considering timeline, seller or buyer can pay but then go after plastic manufacturer to pay or their insurance - phase 1 buyer but also negotiable If there is no track of the gas station history as it is abandoned. In this case the seller who bought or currently own it is liable Puron is a chemical that they want to store If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. Page 27: Cost approach is most effective for industrial properties (property is used rather than leased out), more objective than subjective Cost approach is combination of two costs Land Cost + Cost of Building (Hard cost + soft cost) 1. HARD COSTS – Structural, mechanical, electrical, site preparation, landscaping, excavation, tangible, easier to estimate, the preparation of the property to get it up to functionality 2. SOFT COSTS - not considered direct construction costs, includes everything from architectural and engineering fees, to legal fees, pre- and post-construction expenses, permits and taxes, insurance, etc. **Industrial properties use hard and soft costs for the building only, do not include total land calculation that is for farming/agricultural** Soft cost and hard cost are connected to the building cost. So only include building area (20,000) - If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. -----------------------------------------------------------------------------Page 32 How is an industrial condominium different from an industrial freehold building? Industrial condominium - You own unit and share of common elements Pay maintenance fee, condo fee Rules, regulations, Condominium corporation Status certificate Parking storage info Reserved funds Limitations when modifying the internal layout. Common elements Shared services Higher costs and restrictions Industrial freehold building - You own entire building and land Property owner responsible for the maintenance minimal limitations when modifying the internal layout of the structure. No common elements in the case of fee simple ownership of a fee standing buildin no shared services such as security and utilities How does a real estate transaction for an industrial condominium differ from a transaction involving an industrial freehold building? Industrial condominium - Industrial freehold building May need permission from condominium corporation Status certificates: reserve budget, special If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. - assessments (something needs to be done but no reserve fund then special assessment needed) Status certificate clause needed LEASING Commercial Condominium – Types of Leases See first few pages of this document to learn more in details about these leases Single net - Base net + 1 of TMI (taxes, maintenance, insurance) Double net - Base net + 2 of TMI Triple net- base rent +TMI (taxes, maintenance, insurance * **TMI is landlord expenses that the landlord passes to the tenant so receiving TMI from the tenant is not landlord’s income. . “What do you think is the most important information to have about a property when trying to determine the type of lease?” Zoning, permitted usage, rules – bylaws, Type of Lease, Rent and TMI amount, Size, Location, Amenities available, accessibility If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. “How might you prepare to be more comfortable communicating with tenants about their concerns?” Have knowledge of the current market condition, issues. Understand what is written on the documents and be ready to explain. Always refer them to the third party professionals. Why should you consider the following variables, when representing a client who is buying/selling a farm? Day 4 – Tenant concerns and issues related to commercial properties When in what conditions free rent can be offered? May be paying TMI for the period If premises are not ready Market situation (more premisses and less tenants) representing a tenant, some items you should discuss include: ● Free rent period ● Length of the lease ● Abate rent If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. ● ● ● ● ● ● What clauses are added Lease type Rent type Leasehold improvements Taxes, Maintenance, and Insurance (TMI) concerns in a triple net lease Option to renew What does a tenant need to understand regarding rent-free periods? ● What are his rights in case of unavailability of possession ● What is happening to the lease period if abate happens ● Starts at the beginning of the lease ● Tenant still responsible to pay TMI (Could be included in rent-free, but by default they would still pay TMI) ● Base rent is what is free. ● Signage & parking is also negotiable. ● Rent-free period is not always available- it is negotiable, based on market conditions, length of the lease. ● Understanding the abate clause Why might a tenant be concerned about the length of lease? ● Longer lease provides stability. ● Negotiating power for a longer lease. ● Leasehold improvements- shorter lease means you don’t get the best use from the leasehold improvements.\ ● Commitment term ● Market rate ● Liabilities If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. Why might a tenant be concerned about a Taxes, Maintenance, and Insurance (TMI) in a triple net lease? ● Explain there are other expenses beyond TMI. ● That they will increase yearly. ● Physical inspection- furnace, HVAC, to ensure energy efficient and that they are in good working order. Why might a tenant be concerned about an option to renew? ● ● It is beneficial for tenant to have a cap for increase in rent for renewal clause If the tenant takes the option to renew and the landlord tries to increase rent unfairly, the tenant has the option to go to arbitration where the courts will decide the rent which the tenant must agree to. ● If the tenant does not take the option to renew- the landlord can charge whatever rent they want. ● Even in assignment, it’s the same terms and conditions just assigned over to the new tenant. Why is it important to recommend that the tenant obtains third-party legal advice? ● ● ● ● Leases can be complex Protect buyer We do not have expertise in this field Additional insurance coverage If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. Why should you consider the following variables, when representing a client who is buying/selling development land? Considerations Rationale Considerations Rationale Arable Land The amount of land that is workable. Topography of the land Soil The best use of the land What can be grown on the land Bush Types of trees , maple sugar bush, how much area is available for farming, Managed forest tax incentive program Existing Buildings condition of the building, building zoning, adding value to the property, special use building Creeks and sTreams Topography, how run of nutrients are managed, Topography, conservation area, water supply Quota Marketing board approval, How much they are determined to supply to the market to control the price at the sustainable level, The higher the quota the higher the value. Quota can be sell separately Specialty Farms (e.g., Fruit, dairy) Types of farm, special farms are only used for specific needs such as apple orchard can not be used for corn form, Income potential, If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. Leased Land How much per acre can it be rented for. Extra income for the property How much land can be leased, lease types- Zoning What zoning is there, find out what are the possibilities in regards of zoning of the land Tile Drainage What kind of drainage, may qualify for drainage loan, tiled land is more valuable than untitled land Farm Property Tax Reduction Farm property may qualify for Farm property class type tax, what farm buildings are there and how much land is taxable in this case. Financing Availability and source of financing (FCC -Farm Credit Corp) Soil Testing What kind of fertilizer was used and will be used, testing soil needed to determine the future crop production (such as organic farming. Provincial Legislation Farming and food production protection act protects farments from nuisance and complaints Why should you consider the following variables, when representing a client who is buying/selling development land? Considerations Rationale Considerations Rationale Planning Act Provincial act, plans how land can be used, may be used and developed such as severance Development Assess the land for future potential development and intended uses. E.g. what I’ll make from the build of 3 houses on the land analysing what I paid for the land and what Price a house can be. A lot of moving elements in the Development land area. Sewage/StormWater/WaterHydr Availability of services can change the price of the land such as cost of bringing o services to the land. The distance to municipal services and what services will be available, if any Highest and Best Use Trm use by the financier. Development land’s highest and best use can determine the value of the property. Consider the factors that may affect the highest and best use of the land. Title Restrictions/Easements These can limit the intended use of the land as well as impact the highest and best use of land. Limitations may exist that may affect the intended use of the property Environmental Environment may impact the development, use and affect adjacent property as well as value of land If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. Accessibility E.g Acre behind the house has less accessibility to the land will impact and limit the value of the land. Access may be limited and affect future development and use Brownfield Brown field is a useful but contaminated land. This is in an area where services and high motivation is available. Developers will be required to clean the contamination based on their intended use. Acoustics (rail, airport, road) Proximity may impact future development and use of the land due to noise levels. Acoustics noise can impact the price of the land and desirability of the land. Public input ( not in my back yard phenomena) May influence future development and use of th3e land. Public input is requested. It can stop, slow down the development. It is positive for public to provide input but may not be for development plan Subdivision/Severance Process Must meet the requirements under section 50 of the planning Act Financing Options Options will be limited for vacant land sites and may have to seek alternative methods (e.g., seller take back) Adjacent Properties Adjacent properties can impact the price negatively or positively. Environmental conditions or a change in use of adjacent properties may affect future development or use of the land Places to Grow Act, 2005 Intended use of the land may be impacted by the Act. Brownfield – Federal Contaminated Sites Action Plan (FCSAP) Why should you consider the following variables, when representing a client who is buying/selling a business? Why should you consider the following variables, when representing a client who is buying/selling a business? If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. ------------------------------ If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. Resources - Humber College If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. I have created some questions to review math computations practiced during Simulation Sessions. **Note these are not questions from the assessment. I have created them or took from simulation session 2 to practice as well as to give you an idea. Assessment will have 46 Questions and 3 hours. Formulas will be given with a notepad beside the calculator. If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. 1. A buyer is looking at purchasing a small three-storey office building with a total of 21 units: 19 leased and two vacant. The potential rental income for the building is $302,000 with a vacancy and credit loss of 3%. There is no other income attached to the building. Total expenses for the building are $120,000. The buyer would like a Capitalization Rate (Cap Rate) of 8%. What purchase price would the buyer offer to achieve their Cap Rate? Remember 9 elements in the order - PRI, VR, ERI, Other I, GOI, O Ex, NOI, CR, V PRI - potential Rental Income VR - Vacancy rate ERI - Effective rental income Other I - other Income GOI - Gross operating Income O Ex- Operating Expenses NOI - Net operating Income CAP R - Cap rate Value - Answer = $ 2,161,750 NOI / CAP R If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. 2. Your client recently entered in a lease contract. Now he found another favorable property to buy. He is planning to assign his lease contract to someone. How would you explain the assignment clause to your client ? Does he need landlord's consent? Who will be obligated to landlord in the case of assignment of lease contract? 3. 1You are assisting a buyer client with the purchase of a mid-size, 24-unit office building in the central business district of Any City. After doing the initial investigation and being satisfied with the results, you have submitted an Agreement of Purchase and Sale with the required Schedule A with all the appropriate clauses and conditions. The seller has accepted your offer by initialling and signing the offer. After signing a confidentiality agreement, the following information has been supplied. The total base rent income per month is $1,300 per unit. There are no vacancies in the building so no vacancy factor has been added. Seven of the tenants pay an extra $30/month for one extra parking spot each. The total expenses for the property are 30% of the gross operating income. Using the above information, what is the value of the building if the capitalization rate is 5% Answer - $ 5,276,880 4. The seller accepts the agreement sent by your buyer for the ten-unti plaza that has two vacant units. The buyer receives and reviews all of the appropriate documentation, which includes the following information: Units 1,2 & 3 are 1,350 sq. ft. each and are paying a base rent of $21.00/sq. ft. with an additional $4.75/sq. ft. for TMI. Units 1 If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created from ideas from Simulation 2 booklets, posts from facebook, my notes and class discussions. If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. 4, 5 & 6 are 1,000 sq. ft. each and are paying $17.50/sq. ft. with an additional $5.35/sq. ft. for TMI. Units 7 & 9 are 1,200 sq. ft. would have a potential rental the same as units 1,2 & 3. The vacant units 8 and 10, which is 1,000 sq. ft., would have a potential rental the same as units 4, 5 & 6. There is no other income attached to the plaza. The seller feels that a Cap Rate of 6% would be an attractive rate of return to an investor. In this location, the vacancy rates for plazas is 2%. The seller has a non-recoverable expense of $12,500/yr. What is the value of the building ? Answer - 3,284,550 5. You are assisting a buyer client with the purchase of a mid-size, 24-unit office building in the central business district of Any City. After doing the initial investigation and being satisfied with the results, you have submitted an Agreement of Purchase and Sale with the required Schedule A with all the appropriate clauses and conditions. The seller has accepted your offer by initialling and signing the offer. After signing a confidentiality agreement, the following information has been supplied. The total base rent income per month is $1,300 per unit. There is 3% for vacancy and credit loss. Seven of the tenants pay an extra $30/month for one extra parking spot each. The total expenses for the property are 35% of the gross operating income. Using the above information, what is the value of the building if the capitalization rate is 6.5%. Answer - $ 3,656,880 If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. 6. A buyer is looking at purchasing a small two-storey office building with a total of 12 units: 11 leased and one vacant. The potential rental income for the building is $152,000 with a vacancy and credit loss of 3%. There is no other income attached to the building. Total expenses for the building are $80,000. The buyer would like a Capitalization Rate (Cap Rate) of 6%. What purchase price would the buyer offer to achieve their Cap Rate? Answer - $ 1,124,000 7. A buyer is looking at purchasing a small three-storey office building with a total of 21 units: 19 leased and two vacant. The total base rent income per month is $1,300 per unit with a vacancy and credit loss of 3%. There is no other income attached to the building. Total expenses for the building are $120,000. what is the value of the building if the capitalization rate is 5% Answer - $ 3,955,440 If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. 8. Page 31 of Day 2 Keep in mind TMI is an expense that the owner is retrieving from the tenant. So TMI is not Landlord’s income. Answer: $ 1,808,200 If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions. 9. Page 26 of Day 3 Your buyer has outgrown their current location and is seeking to expand their warehousing and distribution of restaurant equipment. Now, with your help, they have located a three-acre industrial property with a building that has a gross floor area of 20,000 sq. ft. They feel this property would meet their current needs and would allow for future expansion of their business. They ask you for an opinion of the value of the property. You do the research and gather the following information: The industrial land values are estimated to be $4.95/sq. ft. The hard and soft costs are $68/sq. ft. and $14/sq. ft., respectively. (1 acre = 43,560 sq. ft.) Note - Cost Approach Land value + Soft costs + Hard costs If you have any questions feel free to contact me ( Monika Sharda) at monika.sharda18@gmail.com These notes are created using contents from Simulation 2 booklets, posts from facebook, my notes and class discussions.