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COMMERCIAL
    INVESTMENT
                                               May | June | 2010




                       Retail
  Rematch                    Investors emerge
                             Investors emerge
                               v         m g
                         from their corners in search of
                                  single-tenant opportunities.
Who’s
the Boss?
You Are!

Foreign
Investors Eye
U.S. Bargains

Healthcare
Reform for
Properties

www.ciremagazine.com                    The Magazine of the    Institute
Introducing The New CCIM
                               P R E P A R I N G T O N E G O T I AT E
                              Online         Self-Directed           Interactive Course

In this economic environment, nothing is as important to your immediate and long-term success in the commercial
real estate industry as your ability to negotiate favorable deals and make impactful presentations.

The new Preparing To Negotiate online, self-directed, interactive course shows you how to incorporate CCIM’s
renowned three-step, interest-based Negotiations Model into your business — without taking valuable time away
from it. Developed by commercial real estate professionals for commercial real estate professionals, this course will
teach you the tools and strategies these successful practitioners are already using to effectively close their deals.

After completing Preparing To Negotiate, you will be able to:
     Apply the CCIM interest-based Negotiations Model to your preparation for negotiations.
     Interpret CCIM interest analysis chart elements, and consider creative solutions for identified interests and issues.
     Assess risks and action plans for potential conflicts.

Don’t compromise on tomorrow: get the skills you need now to negotiate your way through the coming year!
Get complete details and register now at CCIM.com/preparing-negotiate




                                                                           CCIM Institute
                                                                           Equipping the world’s best minds
                                                                           in commercial real estate
COMMERCIAL
                                                                                                                                      INVESTMENT
                                                                                                                                                  May.June.2010 Vol. XXIX No. 3




                                                                                                                                                                6
                                                                             26
                                                                                                                                                                 Lenders say
                                                                                                                                                                     ¬
                                                                                                                                                                 they will
                                                                                                                                                                 open their
                                                                                                                                                                 wallets this
                                                                                                                                                                 year.
                                                                    COVER
                                                                    STORY
                                                                            In the 22 Property
                                                                                      FEATURES

                                                                       Retail Ring    Prescriptions
                                                                    Investors move off               A little preventative medicine
                                                                                                     may protect asset health.
                                                                     the ropes to fight               by Rich Rosfelder

                                                                      for quality deals.          32 International Influx               COLUMNS
                                                                           by Beth Mattson-Teig      Low prices attract foreign         2   President’s Desk
                                                                                                     real estate investors.            12   CCIM Q&A
                                                                                                     by Philip G. Skinner and          14   Financing Focus
                                                                                                     Abe J. Schear                     16   Investment Analysis
                                                                                                                                       18   Legal Briefs
                                                                                                  36 Step It Up!                       20   Technology Solutions
Cover: Brand X Pictures/Photolibrary; Above: I Love Images/Corbis




                                                                                                     Take your career in a new
                                                                                                     direction.                        D E PA RT M E N T S
                                                                                                     by Rod N. Santomassimo, CCIM       4   In This Issue

                                                                                                  39 The Case for
                                                                                                                                        6   Market Trends
                                                                                                                                       42   Regional Outlook
                                                                                                     Conversion                        44   International Beat
                                                                                                     Office makeovers add value.        45   Buyers Guide
                                                                                                     by Reed Miller and Ken Boyle      46   Deal Makers
                                                                                                                                       48   CCIM Connections


                                                                                                                                                        May | June | 2010   1
@
    PRESIDENT’ S
                    DESK




    Change the
    Way You Work                                                                                                     Only
m                                                                                                                      @
    CCIM MEMBERS:
    Mailed along with this magazine is the instruction book for the next gen-
    eration of CCIM member benefits: the CCIMREDEX User Guide. Learn-
    ing to use this commercial property data exchange is the best investment
    you can make in your future. It will change the way you work.
       “Te real value of CCIMREDEX is the third-party applications,” says
    CCIMREDEX Director Todd A. Kuhlmann, CCIM. “You enter your                  What’s online with
    property data once, and you can promote it, publish it, and analyze it in   Commercial Investment Real Estate
    many different programs.” Data entered into CCIMREDEX is pushed              www.ciremagazine.com
                                                                                magazine?
    out to national commercial property listing services such as Catylist,      • Cap Rate Crazy — Is direct capitalization
                    CommercialSource.com, CoStar, Property Line, RealUp,          pushing values even lower? Appraiser
                                                                                  Brian D. Frank, CCIM, GAA, discusses the
                    TotalCommercial.com, and Proxio, an international real
                                                                                  underlying weakness of using cap rates to
                    estate platform where it is translated into 12 languages.     determine property value.
                       CCIMREDEX also gives CCIM members access to
                                                                                • Drop the Puck! — Native Minnesotan
                    several marketing and analysis programs. Turn to page         and CEO of Chief Real Estate Co. Michael
                    20 to learn more about these services. And to understand      Houge, CCIM, SIOR, compares the
                    the thought process behind CCIMREDEX, read Kuhl-              commercial real estate market to a hockey
                                                                                  game. Buyers and sellers want to get back
    mann’s interview on page 12.                                                  on the ice but lenders are frozen in fear.
       CCIMREDEX was developed for CCIM members by CCIM mem-
                                                                                • Retail Overstock — What do other CCIMs
    bers. It is a service of the institute’s wholly-owned subsidiary, CCIM
                                                                                  around the country say about their local
    TECH, which also operates STDBonline, CCIM’s most popular member              retail markets? Read the comments that
    benefit. Nearly 11 years ago, the institute committed time and resources       didn’t make it into the cover story.
    to developing STDB, one of the premier online real estate resources         • CCIM Connections Continued — Find out
    with more than 25 databases, including demographics, aerials, business        how CCIMs leverage STDBonline and other
    information, and mapping tools. Te institute is following the same            member benefits for profitable deal-making.
    path with CCIMREDEX, which is integrated with STDB, providing
                                                                                            Online. All the Time.
    CCIM members with the industry’s most complete technology resource                    Only @ ciremagazine.com.
    — at no additional cost.
       You owe it to your business to take advantage of this tremendous
    CCIM member benefit.                                                                           COMMERCIAL
                                                                                                  INVESTMENT
                                                                                                                                              May | June | 2010


    Richard E. Juge, CCIM
    President, CCIM Institute                                                                                        Retail
    rjuge@ccim.com                                                                              Rematch                    Investors emerge
                                                                                                                       from their corners in search of
                                                                                                                                single-tenant opportunities.
                                                                                              Who’s
                                                                                              the Boss?
                                                                                              You Are!

                                                                                              Foreign




     Only
                                                                                              Investors Eye
                                                                                              U.S. Bargains
                  Go to www.ccimredex.com to view Todd Kuhlmann’s video on
                                                                                              Healthcare
                  the benefits of CCIMREDEX and to sign up for a CCIMREDEX                     Reform for
                                                                                              Properties




       @          Webinar.                                                                    www.ciremagazine.com                    T
                                                                                                                                       he Magazine of the
                                                                                                                                                             
                                                                                                                                                                 Institute




   May | June | 2010                                                                                                Commercial Investment Real Estate
For the first time ever, CCIM                                                           CCIM members are
Institute and CCIM TECH will                                                            invited to:
share a large booth in the                                                              Reserve a Table
Leasing Mall with plenty of                                                             Register for a
comfortable and functional                                                              Demonstration
space just for CCIM members.                                                            Participate in a Live
                                                                                        Deal-Making Session
As a CCIM member, you can:
     Reserve tables for meetings and                                                    Mark your calendar to
     doing deals                                                                       also attend these CCIM
     Attend demonstrations showcasing                                                  learning opportunities:
     powerful technology tools (including the
     new CCIMREDEX)                                                    Retail Decisions: Location, Timing and
     Run STDBonline reports for ICSC                              Demographics Sunday, May 23, 9:45-10:45 am
     RECon
                                                             Market and Financial Feasibility – Finding More
     Participate in a deal-making session
                                                                        Tenants  Attaining CCIM Designation
     Attend a cocktail reception
                                                                                 (co-hosted by CCIM and ICSC)
So come by Booth # C201 H ST (H Street right by 19th                       Sunday, May 23, 1:30pm to 4:30pm
Avenue and the Food Court) and see how CCIM and CCIM
                                                                     Visit: web.CCIM.com/icsc to learn more.
TECH have created an environment at ICSC RECon for you
to make connections with the industry’s finest and access                       Be sure to stop by the CCIM TECH
all the resources you need to close a deal that day!                             Booth # S3813 in the Trade Expo




                                                            CCIM Institute
                                                            Equipping the world’s best minds
                                                            in commercial real estate
COMMERCIAL
                                                                                             INVESTMENT
                                                                                                 Commercial Investment               The CCIM Institute, an
                                                                                                Real Estate, the member              affi liate of the National

               IN THIS                                                                         publication of the CCIM               Association of Realtors, confers




    ISSUE
                                                                                            Institute, reports on market             the Certified Commercial
                                                                                            trends and analysis, current             Investment Member
                                                                                          developments in the field, and              designation to commercial real
                                                                                          successful business strategies.            estate professionals who have
                                    Reporter Beth Mattson-Teig found                                                                 extensive training and industry
                                                                                                               CIRE Staff
    strong demand for single-tenant net-lease retail properties as she                   Interim Executive Vice President
                                                                                                                                     experience and complete a
    spoke to CCIMs for this issue’s cover story. Turn to p.26 to read why                                                            rigorous study program.
                                                                                           Susan J. Groeneveld, CCIM
                                           investors are getting back into
    ¬
                                                                                        Senior Director of Communications            Executive Officers
           “Retail is down, but            the game. How can you pro-                                    Jennifer Norbut             President
                                           tect your asset’s health from                               jnorbut@ccim.com
                  by no means                                                                                                        Richard E. Juge, CCIM
                                           an epidemic of declining fun-                                    Executive Editor         Metairie, Louisiana
                      out.” p.26                                                                      Sara Drummond
                                           damentals? Associate Editor                                                               President-Elect
                                           Rich Rosfelder searches for                           sdrummond@ccim.com                  Frank N. Simpson, CCIM
                                           the cure on p.22.                                                Associate Editor         Gainesville, Georgia
                                                                                                          Rich Rosfelder             First Vice President
                                                                                                    rrosfelder@ccim.com              Leil Koch, CCIM
                                                                                                                                     Lahaina, Hawaii


    FEATURED WRITERS
                                                                                                        Contributing Editors
                                                                                               Linda Bryson, LEED-AP                 Treasurer
                                                                                                           Sara Harris               Craig Blorstad, CCIM
                                                                                                     Dennis LaMantia                 Bloomington, Indiana
                     Co-authors of “International Influx” on p.32,                                     Jonathan Littrell
                                                                                                      Shawn Mayberry
                     Philip G. Skinner and Abe J. Schear are part-                                                                   Editorial Review Board
                                                                                                       Jennifer Tullius
                     ners in the law firm Arnall Golden Gregory in                                  John W. Waldeck Jr.               Adrian A. Arriaga, CCIM
                     Atlanta with extensive commercial real estate                                                                   Donald G. Arsenault, CCIM
                                                                                                          Design Consultant
                                                                                                                                     Roger B. Broderick, CCIM
                     experience, including work-
                                                                                                                                     David B. Eaton, CCIM
                     ing with foreign investors                                                                                      Jeff Engelstad, CCIM
    Skinner
                     with U.S. holdings. Tey co-                                           Commercial Investment Real Estate         Paul G.W. Fetscher, CCIM
    chair AGG’s cross-border practice group.                                                     (ISSN 1524-3249) is published       Tony M. Guglielmo, CCIM
                                                                                          bimonthly by the CCIM Institute of         Thomas E. Hankins, CCIM
                                            If you’re
    ¬
                                                                                         the National Association of Realtors,       James L. Helsel, CCIM
          “The wave of foreign           ready to                                                     430 N. Michigan Avenue,
                                                                                                                                     J. Howard King, CCIM
            investment should            jump-start Schear                                             Chicago, IL 60611-4092.
                                                                                                                                     Robert Knight, CCIM
                                                                                          Periodicals postage paid at Chicago,
                                         your brokerage career, read                                                                 George C. Larsen, CCIM
       benefit depressed U.S.             CCIM Rod Santomassimo’s
                                                                                           Ill., and additional mailing offices.
                                                                                                                                     Kevin G. Lenze, CCIM
                                                                                                     Ride-along mail enclosed.
    real estate markets” p.32            no-nonsense advice on p.36                        Postmaster: Send address changes
                                                                                                                                     Mark L. Levine, CCIM
                                                                                                                                     Charles A. Mack, CCIM
                                         for elevating your brand and                         to Commercial Investment Real
                                                                                            Estate, 430 N. Michigan Avenue,          Len Magnani, CCIM
    your business. Rod heads up the Massimo Group, a professional                                                                    Michael T. McLean, CCIM
                                                                                                     Chicago, IL 60611-4092.
    coaching firm exclusively focused on commercial real estate                                                                      James J. Piro, CCIM
                                                                                                               Subscriptions:
                     brokerage.                                                                $45 for nonmembers in U.S.;           David L. Schank, CCIM
                        Reed Miller and Ken Boyle are managing part-                    $55 for nonmembers in Canada and             Carol Rockhold Shoemaker,
                     ners of Hanover Real Estate Partners, which repo-                     Mexico. Call (800) 532-8633. For             CCIM
                                                                                               reprints, call (312) 321-4460.        Robert M. Stone, CCIM
                     sitions undervalued institutional-grade assets. On
                                                                                            The opinions expressed in signed
                     p.39, they explore remaking single-tenant office                        articles and materials appearing in       Reader Services: All dues-paying
    Santomassimo     properties for multitenant use.                                       Commercial Investment Real Estate,        members of the CCIM Institute receive
                                                                                               including specific references to       Commercial Investment Real Estate
                                                                                        products and services, are those of the      magazine six times a year as a mem-
                                                                                          authors and not necessarily those of       ber benefit. Subscribe, purchase back
                                                                                           Commercial Investment Real Estate,
                                                                                                                                     issues, or order customized article
                                                                                          the CCIM Institute, or the National
                                                                                                                                     reprints: www.ciremagazine.com or
                                                                                                       Association of Realtors.



    podcast
                                                                                              © 2010 by the CCIM Institute.          (800) 532-8633 x4507. Make address
                                                                                                          All rights reserved.       changes: magazine@ccim.com or

                                                                                         Editorial address: 430 N. Michigan          (800) 532-8633 x4507. Request
                                                                                                                                     reprint permissions: rrosfelder@ccim.
     Only @              http://podcast.ccim.com
                                                                                           Avenue, Chicago, IL 60611-4092;
                                                                                          (312) 321-4460; magazine@ccim.             com. Submit articles and editorial
         Marcus  Millichap’s retail specialist Bernard Haddigan updates this issue’s        com; www.ciremagazine.com.              ideas: sdrummond@ccim.com.
         look at the retail investment market.                                                              For advertising information, contact:
                                                                                                  Kathleen Thomas at (202) 721-1497 or kthomas@ccim.com.



   May | June | 2010                                                                                                             Commercial Investment Real Estate
Prudential Commercial Real Estate




They’re the three most important words
in commercial real estate right now.
Because in a challenging market, having a powerful and recognized name
can open a lot of doors. See why, now more than ever, your most valuable
asset is a name people trust.
Visit prudentialrealestate.com/commercial or call 866-224-8895 to find                                                                                       Commercial
out how to become part of the Prudential Commercial Real Estate network.                                                                                     Real Estate



                       Acquisition  Disposition | Relocation | Lease Administration | Capital Services | Property Development
                                         Market Research | Energy  Sustainability | Location  Site Selection

 © 2010 Prudential Financial, Inc. and its related entities. An independently owned and operated broker member of Prudential Real Estate Affiliates, Inc., a Prudential Financial company.
 Prudential, the Prudential logo and the Rock symbol are service marks of Prudential Financial, Inc. and its related entities, registered in many jurisdictions worldwide. Used under license.
MARKE T
                               TRENDS




                                            l    Is Lending Back?
                                                 Lenders are ready to loosen the purse strings, according to Jones Lang LaSalle’s 1Q10 survey of
                                                 60 of the industry’s top loan originators. In a survey of life companies, CMBS originators, pri-




                                                                                                                                                     H. Armstrong Roberts/Getty Images
                                                 vate equity, commercial banks, and government agencies, 43 percent responded that their loan
                                                 production would range from $1 billion to $3 billion this year. Te number of lenders expecting
                                                 to lend more than $4 billion jumped from 9.3 percent in 2009 to 15.2 percent in 2010. Expected
                                                 loan-to-value ratios averaged between 50 percent and 70 percent and estimated debt coverage
                                                   ratios ranged from a high of 2.25 on hotels from life companies to 1.15 on multifamily from
                                                    private equity.
                                                         Teir preferred asset? Twenty-seven percent voted for multifamily, followed by 22 percent
                                                       for retail, 21 percent office, 15 percent industrial, 11 percent hotels, and 4 percent other.




                                                                              Worth Quoting
       Briefly Noted                                                           “In 2010, the United States should see sig-
                                                                              nificant foreign capital coming from Asia
       Hospitality — The number of major hotel sales fell 83                  (especially China and Korea), German
       percent in 2009 from the market’s peak in 2007, the
       largest decline in 20 years, according to an HVS survey.
                                                                              investment funds, and the Middle East. …
       The majority of 2009 assets sold between $10 million and               Industry organizations have been work-
       $50 million.                                                           ing to assure that U.S. tax policy does not
       Industrial — Texas, Ohio, Illinois, California, and Penn-              discourage foreign investment.”
       sylvania top the list of U.S. states that saw the most new
       logistics and warehouse distribution facilities built in the                                    — Deloitte 2010 Real Estate Outlook
                                                                                                         Deloitte 2010
                                                                                                         Deloitte                  Outloo
       past two years, says Site Selection Online.

       Multifamily — Local buyers will drive sales activity
       among smaller private investment deals because lend-
       ers continue to favor investors with experience manag-
       ing apartments in their home markets, says Marcus 
       Millichap.

       Office — In 16 of 18 office markets surveyed, all
       participants said they offered a free rent concession,
       according to the 1Q10 Korpacz Real Estate Investor
       Survey. Average amount of free rent topped out at
       7.8 months in Atlanta and Manhattan and 7.6 in
       Chicago. The lowest amount was 3.7 months in
       Los Angeles.

       Retail — Retail development will reach just
                                                                                                                                                                                         William Whitehurst/Photolibrary




       70 million sf this year, the lowest amount on
       record, according to Marcus  Millichap. On top
       of 2009’s 107 million sf of completions, the
       restricted supply may help fundamentals to start
       recovering in 2011.




   May | June | 2010
The Most Respected Curriculum           CCIM’s high-powered designation curriculum now has evolved to a whole new
                                           location: online, anywhere you choose.
   The Best Instructors
                                           Online CI 101, 102, 103 and 104 are now open for registration. And with sessions
   The Most Convenient Online              scheduled twice a week for five consecutive weeks, you’ll have plenty of time to
   Classroom                               reflect on the instruction and to ask questions.

   All For An Affordable Cost              You’ll also interact, build relationships and network with classmates and expert
                                           instructors who are successful practitioners within the commercial real estate
                                           industry.

                                           Save the time and expense of travel and register for an online course today. Go
                                           to CCIM.com/content/online-courses now.


                                              Upcoming Online Course Schedule
                                   CI 101 Session A: June 9 - July 14   Wed + Mon 12-2 pm CST     exam open July 14 - 21
                                          Session B:   July 29 - Aug 30 Thurs + Mon 4-6 pm CST    exam open Aug 30 - Sept 7
                                          Session C:   Aug 18 - Sept 22 Wed + Mon 12-2 pm CST     exam open Sept 22 - 29
                                          Session D:   Oct 21 - Nov 23 Thur + Tue 4-6 pm CST      exam open Nov 23 - Dec 1
                                          Session E:   Nov 16- Dec 21 Tue + Thur at 6-8 pm CST    exam open Dec 21 - 29
                                   CI 102 Session A: Aug 4 - Sept 8     Wed + Mon 4-6 pm CST      exam open Sept 8 - 15
                                   CI 103 Session A: July 8 - Aug 10    Thur + Tue 4-6 pm CST     exam open Aug 10 - 17
CCIM Institute                            Session B: Aug 4 - Sept 8     Wed + Mon 2-4 pm CST      exam open Sept 8 - 15
Equipping the world’s best minds   CI 104 Session A: June 23 - July 28 Wed + Mon 4-6 pm CST       exam open July 28 - Aug 4
in commercial real estate                 Session B: Aug 5 - Sept 7     Thurs + Tue 4-6 pm CST    exam open Sept 7 - 14
MARKE T
                                                     TREND S



Import-Export Percentages
Since 2008
                                          Port               % Imports         % Exports

     Los Angeles/                                                                      70.1
Long Beach, Calif.                                           29.9

         New York/
        New Jersey                                              35.7
                                                                                    64.3                   Export Advantage
                                                                                                           Te decline in global trade hit the nation’s industrial markets hard, but
          Seattle/                                                             59.3                        not equally hard, according to a Colliers International report. Dur-
    Tacoma, Wash.                                                   40.7                                   ing the global slowdown of the past two years, vacancy rates in port
                                                                                                           city industrial markets climbed faster than in the overall industrial
                                                                         51.6                              market. Tis points up the clear correlation between trade and indus-
    Savannah, Ga.
                                                                       48.4
                                                                                                           trial demand. For every 1 percent change in port TEUs, the standard
                                                                         52.1                              measure of shipping trade, industrial demand changes 0.33 percent. So
  Charleston, S.C.
                                                                       47.9                                the recent 15 percent decrease in TEUs resulted in a 5 percent decline
                                                                                                           in port city industrial occupancy. But not all port cities experienced
            Houston                                                  42.1                                  the decline equally. In fact, those focusing on exports fared better
                                                                               57.9                        than those concentrating on imports, as exports to foreign countries
                                                 0   10    20   30     40      50     60     70   80       remained fairly stable throughout the recession.
Source: Colliers International




                                   Ã                 Funds                            Smart Reads
                                                     Target                           Negotiauctions pretty much describes the commercial real estate
                                                                                      deal-making process — continually rearranging the deal until it
            Andrew Unangst/Getty Images




                                                     Hotel Buys                       works for all parties. It’s the deal-making mechanism for the future,
                                                                                      says author and Harvard professor Guhan Subramanian, who adds:
                                                     From Magna                       “Sophisticated deal makers … engage in a carefully thought-
                                                     Hospitality s
                                                     Hospitality’s $75                through sequencing strategy: Get all the pieces lined up to the
                   Una




                                                     million to Blackstone            point where, when you go in the room, it’s basically a done deal.”
                                                     Equity’s $10.9 billion,
                                                     some 38 equity groups
                                                     are devoting dollars to
                                                     picking up hotel assets
                                                                                      Cap Rates Stabilize
                                                     this year. To access             Geographically, 16 markets reported a decline in capitalization rates, while 12 reported
                                                     the complete list of             increases, according to the 1Q10 Korpacz Real Estate Investor Survey. Going forward, inves-
                                                     fund names and target            tors in 19 markets expect cap rates to hold steady for the next six months, up from two
                                                     property types go to             markets in 4Q09.
                                                     www.hotelnewsnow.
                                                                                           PROPERTY TYPE      1Q10 AVERAGE CAP RATE (%)            CHANGE FROM 4Q09 (BP)
                                                     com.
                                                                                             Apartment                      7.85                               –18
                                                                                            CBD office                       8.35                               +11
                                                                                            Strip center                    8.49                                –4
                                                                                            Warehouse                       8.73                                –7
                                                                                           Medical office                    8.78                               –13
                                                                                              Net lease                     8.86                                –8
                                                                                             Aggregate                      8.42                                –7



                                                                                                                                               Commercial Investment Real Estate
Let others react to market conditions with a bunker mentality. Right now
                                               is your perfect opportunity to become stronger, faster and more effective with the new,
                                  evolved CCIM curriculum. The advanced learning methods and applications will put you light
                                  years ahead with knowledge that can be put to work the day you finish the course. Register now
                                  by visiting CCIM.com/CourseSchedule or calling our Solution Center at (800) 621.7027, ext. 3100.


CI Intro                          CI 101                                   CI 103                                      To learn more about all
Pittsburgh       PA   May 17-18   Birmingham      AL   May 17-21           Houston           TX    Jun 7-11            the career launching
San Diego        CA   May 17-18   Orlando         FL   Jun 14-18           Pleasanton        CA    Jun 14-18           benefits that come from
Lansing          MI   May 19-20   Baltimore       MD   Jun 21-25           Albany            NY    Jun 21, 22, 24-26   being plugged into the
Mississauga      ON   May 19-20   Chicago         IL   Jul 12-16           Glendale          CA    Jun 25, 26, 28-30   world’s most powerful
Washington       DC   May 25-26   Addison         TX   Jul 19-23           Austin            TX    Jul 19-23           network, go to CCIM.com
Las Vegas        NV   May 27-28   Las Vegas       NV   Jul 26-30
Fishkill         NY   Jun 3-4                                              CI 104
Indianapolis     IN   Jun 7-8     CI 102
                                                                           Chicago           IL    May 17-21
Mission Viejo    CA   Jun 9-10    Austin          TX   May 17-21           Scottsdale        AZ    Jun 7-11
Addison          TX   Jun 17-18   Minneapolis     MN   Jun 7, 8, 10-12     Stamford          CT    Jun 10, 11, 14-16
Gulfport         MS   Jun 24-25   Santa Ana       CA   Jun 7-11            Addison           TX    Jun 14-18
Pembroke Pines   FL   Jun 24-25   Boston          MA   Jun 7-11            Louisville        KY    Jun 14, 15, 17-19
Los Angeles      CA   Jul 8-9     Denver          CO   Jun 10, 11, 14-16   Madison           WI    Jun 14, 15, 17-19
San Francisco    CA   Jul 14-15   Charleston      SC   Jun 14-18           Washington        DC    Jun 14-18
Memphis          TN   Jul 22-23   Atlanta         GA   Jun 21-25           Atlanta           GA    Jul 19-23
Port St. Lucie   FL   Jul 29-30   Nashville       TN   Jun 21-25           San Antonio       TX    Jul 21-25
                                                                                                                       CCIM Institute
                                  Tampa           FL   Jul 19-23
                                  San Francisco   CA   Jul 26-30
                                                                           Schedule subject to change without          Equipping the world’s
                                                                           notice. For the most up-to-date schedule,   best minds in
                                                                           visit CCIM.com/CourseSchedule.              commercial real estate
MARKE T
                                                       TREND S




                                     Beyond the Beltway:
                                     Where the Government Works
                                     Top General Services Administration leasing markets outside
                                     of Washington, D.C., Maryland, and Virginia
                                            State                  2009 leased office sf                  Change from 2008 (sf)
   Mauricio Simonetti/Getty Images




                                         California                      10,266,025                            146,887
                                            Texas                           9,351,863                          650,863
                                           Florida                          6,542,955                          566,499
                                         New York                           6,405,228                          204,598
                                           Georgia                          5,843,917                           52,236
                                     Source: Jones Lang LaSalle




                                                                                   Trending
                                                                                 Upward                                                                            Dallas-Fort Worth is poised
                                                                                                                                                                   to become a world capital
                                                                                 Apartment transactions                                                            in the well-populated
                                                                                  greater than $500,000                                                            future due to available
                                                                                                                                                                   land for development and
                                                        $116,420




                                                                                                                                                                   pro-business attitudes,
                                                                                                                                                                   says Joel Kotkin, author of
                                                                                                                                                                   The Next Hundred Million:
                                                                                              Ã$88,859



                                                                                                                                                                   America in 2050. The
                                                                      $101,661




                                                                                                                                                                   growing U.S. population
                                                                                                                                                                   — estimated to reach 400
                                                                                                                                                                   million by 2050 — may be
                                                                                                                                                                   just the engine that keeps
                                                                                                                                                                   the U.S. economy chugging
                                                                                                                                                                   along. Kotkin sees the
                                                                                    $73,233




                                                                                                                                                                   demographic diversity of
Weighted                                                                                                                                                           New York and other major
average                                                                                                                                                            gateway cities spreading

 price
                                                                                                                                                                   throughout the country.

per unit




                                                                                                                  Vacancy Forecast (%)
                                                                                                                     Property             2009                2010               2011
                                                                                                                      Office               15.7                17.3                17.4

                                                                                               1Q10
                                                                                                                    Industrial            13.2                14.6                14.5
                                                                                   1Q09                               Retail              12.0                12.7                12.7
                                                                     1Q08
                                                      1Q07
                                                                                                                   Multifamily             7.4                 7.0                6.1
                                                              Source: PPR, A CoStar company                      Source: National Association of Realtors/CBRE Econometric Advisors




                                   May | June | 2010                                                                                                Commercial Investment Real Estate
THE NEW CCIM ‘SAVE YOUR SEAT’ PLAN
      IS THE PERFECT WAY TO:
      ■ Manage your cash flow: lock in your class with an initial deposit of just $100 then wait
        to pay the balance until you actually take the class
      ■ Plan ahead without paying ahead: add your next class without worrying about paying for
        the entire cost now
      ■ Be flexible: if your plans change you have the option of applying your deposit to any
        upcoming class or to next year’s dues
      Don’t miss this chance to interact and build relationships with classmates and expert
            instructors who are successful practitioners within the commercial real estate industry.
                              Sign up for your next class and Save Your Seat today with a simple
                               deposit of only $100.
                               To find out more, go to web.CCIM.com/SaveaSeat or call toll-free
                               now: (800) 621-7027, ext. 3100.
                               CCIM Institute
                               Equipping the world’s best minds in commercial real estate
CCIM
                               QA




          REDEX
       Rolls Out

   o
                                                 by Jennifer Norbut


       On March 31, CCIM TECH launched CCIMREDEX, an online prop-
       erty listing and marketing database that is poised to revolutionize                                                     Todd Kuhlmann, CCIM
       the way CCIM designees and candidates do business. Commercial
       Investment Real Estate asked Todd Kuhlmann, CCIM, vice presi-                                  creating their own personal property data-
                                                                                                      base, and select individual CCIMREDEX
       dent of Dallas-based CCIM TECH and director of CCIMREDEX, to                                   users to collaborate on a property.
       share his insights on this new member benefit and the opportuni-
       ties it provides exclusively for CCIM members.                                                 CIRE: How does CCIM’s other top
                                                                                                      technology tool, STDBonline.com,
       CIRE: What will CCIM members gain             CIRE: What advantages does                       integrate with CCIMREDEX?
       by using CCIMREDEX?                           CCIMREDEX offer over other local,                Kuhlmann: STDB provides CCIMs with
       Kuhlmann: The top three benefits of           regional, and national commercial                tools to analyze markets, determine the
       CCIMREDEX will be different for each user,     information exchanges?                           demand for real estate and products in those
       depending on whether they are owners, buy-    Kuhlmann: Most CIEs allow brokers, and           markets, and track their growth and trends.
       ers, or listing brokers. CCIMREDEX is ideal   in some cases, the general public, to search     CCIMREDEX users can maintain specific
       for owners and managers who want to track     for commercial properties within a spe-
       their properties and buyers who are com-      cific area. However, CCIMREDEX was not
       paring multiple properties for acquisition.   designed to replace or compete with CIEs.
       Listing brokers greatly increase exposure     It was designed to be a members-only data
       for their listings when they submit them to   exchange for CCIM designees and candi-
       CCIMREDEX because they are pushed out         dates that integrates with third-party appli-
       to numerous listing services, commercial      cations such as CIEs and marketing and
       information exchanges, and syndication        analysis tools.
       sites.                                           Most importantly, CCIMREDEX com-              property information, perform detailed anal-
                                                     pletely streamlines and maximizes the            ysis and marketing for a property, and dis-
                                                     listing process for CCIM members. For            tribute the property information to multiple
REDEX RESOURCES                                      example, many brokers spend a great deal         listing services. In other words, STDB helps
CCIMREDEX LEARNING CENTER                            of time entering property information into       our members identify demand for the market
(www.ccimredexlearningcenter.com) provides:          numerous listing services and CIE systems        and CCIMREDEX complements this with
• Online Flash tutorials                             to increase their exposure opportunities.        the supply that is available in the market.
• Training videos                                    But with CCIMREDEX, CCIM members
• On-demand instructional Webinars                   enter their property listings one time and       CIRE: Tell us more about
• Online Quick-Start Information Guide               the listings are automatically pushed to an      CCIMREDEX’s property marketing
• Schedule for on-site classroom training in         array of integrated listing services and CIEs    features.
  select cities                                      nationwide. Our users also can choose not to     Kuhlmann: The marketing tools allow
                                                     publish their records and listings, effectively   users to create brochures, fliers, and Flash



     May | June | 2010                                                                                      Commercial Investment Real Estate
“CCIMREDEX is like the iPhone—it                                                                                                      Tese may include more e-mail marketing
                                                                                                                                                  tools such as CCIM’s MailBridge tech-
            integrates property information with                                                                                                  nology and listing services such as local
                  third-party applications.”                                                                                                      CIEs.

Web presentations for their listings and        with multiple third-party applications. As                                                        Jennifer Norbut is senior director of com-
allow users to distribute property informa-     we receive feedback from our members on                                                           munications for CCIM Institute. If you have a
tion using postal and e-mail services. Te       how they use CCIMREDEX, more third-                                                               story worth sharing in CCIM QA, send it to
analysis tools also allow users to complete a   party application tools will be integrated.                                                       jnorbut@ccim.com.
financial or lease analysis of a property and
obtain an environmental summary report.
(Read Technology Solutions on page 20 for
more details on CCIMREDEX tools.)

CIRE: What’s the best way for
CCIM members to learn how to use                    Weathering the Storm.
CCIMREDEX?
Kuhlmann: The more members know
about how to use this exciting product, the
                                                    Resilient. Reliable. Ready.
more they will see the tremendous value it
provides in their business. To assist CCIMs,
we have established the CCIMREDEX
Learning Center (www.ccimredexlearn-
ingcenter.com), which includes detailed
tutorials for each CCIMREDEX function.
(See sidebar.) A series of instructional on-
demand Webinars and Flash video tutorials
also are available for members in the online
Learning Center. CCIM Technologies also
has a full-time support staff available by           ...reliable      through tough economic times, Grandbridge remains strong. Our unique market position and
phone — (469) 232-2615 — and e-mail                 wide variety of business platforms, mixed with our broad investor base and stable, secure ownership, enables
(support@ccimredex.com) to assist mem-              Grandbridge to structure and execute the right loan for our clients—for each and every transaction.
bers who have questions.
                                                    Grandbridge — your source of commercial
                                                    and multifamily real estate funding in today’s                                                                                      $18,147,500
CIRE: You’ve said that CCIMREDEX                                                                                                                                                        Lewisville, TX
technology is evolving all the time.                turbulent financial environment.                                                                                                  270-Unit Multifamily
What types of features might CCIMs                                                                                                                                                        Re nance
                                                    • Fannie Mae DUS® Lending                                                                                                              Agency
expect to see in the future?
                                                    • Freddie Mac Program Plus® Lending
Kuhlmann: CCIMREDEX was designed to                                                                                                                                                     $5,900,000
integrate and evolve. A good analogy is to          • Freddie Mac Targeted                                                                                                             Louisville, KY
think of CCIMREDEX like the iPhone — it               Affordable Housing Lending                                                                                                   244,750 Sq.Ft. Industrial
was built to integrate property information         • MAP- and LEAN-approved FHA Lending                                                                                           New Loan Origination
                                                                                                                                                                                    Insurance Company
                                                    • Insurance Company Lending
                                                    • Proprietary Lending
                                                    • Bank Lending
 INTEGRATED CIE S AND
 LISTING SERVICES
 Property listings entered into CCIM-               grand opportunities
 REDEX can be distributed to Catylist,
                                                    Atlanta 404.602.1389 • Birmingham 205.978.1840 • Charleston 843.886.4391 • Charlotte 704.379.6900 • Chicago 312.322.1220 • Columbus 614.358.4100 • Dallas 214.346.0200
 CommercialSource.com, CoStar,                      Ft. Lauderdale 954.389.7822 • Greenville 864.288.5396 • Houston 713.993.1300 • Indianapolis 317.237.5370 • Jacksonville 904.652.2206 • Kansas City 913.677.2001 • Louisville 502.589.1233
 Proxio, TotalCommercial.com,                       Madison 608.827.7747 • Milwaukee 262.785.8440 Minneapolis 612.341.7880 • Mobile 251.473.1831 • Naples 239.947.5077 • Nashville 615.377.8989 • Norcross 678.906.4070
                                                    Norfolk 757.625.8181 • Orlando 407.772.0750 • Pittsburgh 412.391.3366 • Raleigh 919.871.6300 • Tampa 813.281.8767 • Washington, D.C./Baltimore 703.677.3900 • www.gbrecap.com
 PropertyLine, and RealUp.
                                                                                                                                                                                                          Loans are subject to credit approval.




ciremagazine.com                                                                                                                                                                                              May | June | 2010                   
FINANCING
                         FOCUS




                    Equity Injection
     Tax credit programs boost funding for qualified properties.
                                                 by John W. Waldeck Jr.




                                              t  The dominos continue to fall in
                                                 the commercial real estate mar-
                                                 ket, leaving lenders exceptionally
                                                 conservative in making loans
                                                 for new projects. Loan-to-value
                                                 ratios in the 50 percent range
                                                 are not uncommon. In fact,
                                                 some would say that outright
                                                 rejections are the norm.
                                                    But not all news is bad. Opportunities exist
                                                 in segments that can take advantage of exist-
                                                 ing and evolving federal and state tax credit
                                                 programs, such as historic tax credits and new
                                                 markets tax credits. Qualifying projects have
                                                 the advantage of significant equity creation,
                                                 which bridges the difficult loan-to-equity gap
                                                 in today’s market.
                                                    Tere is a catch, however: Not all projects
                                                 will qualify. For federal and state historic tax
                                                 credits, as the name implies, an existing, qual-
                                                 ifying property’s restoration must conform to
                                                 standards issued by the U.S. Department of
                                                 the Interior. For new markets tax credits, proj-
                                                 ects must be located in a low-income census
                                                 tract (many urban centers qualify). Renewable
                                                 and green energy credit programs also may
                                                 generate credits at the state and federal level.
                                                                                                    Steve Allen/Getty Images




                                                 Historic Tax Credits
                                                 Developers may use federal historic tax
                                                 credits to raise equity equal to either 10 per-
                                                 cent or 20 percent of the project’s rehabilita-



   May | June | 2010                                    Commercial Investment Real Estate
additional layers of financing from commu-
                       ¶                                                                          nity development sources. Getting a hotel
  The number of renewable energy and green tax                                                    deal done in the current environment is vir-
                                                                                                  tually impossible, yet with the twin engines
           credits continues to grow.                                                             of HTC/NMTC bolstering the financing it
                                                                                                  became a reality.
tion expenditures. Land and purchase costs in a number of respects. As contrasted with
do not count, and rehab expenditures must HTC, NMTC are available to the taxpayer Other Credit-Based
exceed the developer’s basis in the project.         over a seven-year period in an amount equal Financing
   Te majority of projects use the 20 percent to 39 percent of the qualified investment (5 The number of renewable energy and
credit, which is available for certified historic percent per year for three years; 6 percent per green tax credits continues to grow.
structures or qualifying structures that are year for the next four years).                        Developers on the cutting edge of afford-
in certified historic districts. Additionally,           Also, NMTC are allocated annually on a able housing tax credits have successfully
such funding requests require a three-part competitive basis, requiring the developer used solar panel technology to qualify for
application, which is approved by the state to approach a successful allocatee with the tax credits or outright grants to reduce
historic preservation office and the National project request.
Park Service. Te federal credit is automatic. Tese allocatees may
If developers follow the proper guidelines include banks, com-
and application, the 20 percent credit may munity develop-                  Where to Go Next
be taken in the year in which the project is ment corporations,                  • www.nps.gov/history/hps/tps/tax/index.htm
placed in service. State programs may be port and develop-                       • www.cdfifund.gov
automatic or based on competition.                   ment authorities,           • www.dsireusa.org
   HTC equity comes into the project in the and the National
form of a capital contribution made by an Trust for Historic
investor in the project, usually C corpora- Preservation.
tions with taxable income — many still are              Investment may be direct or through a lev- energy costs to tenants and pay for other-
very active in the market. Tese investors eraged structure. Due to the structure’s com- wise cost-prohibitive installations, giving
contribute at the rate of 75 cents to 95 cents plexity, fees and expenses can be significant; hope that commercial real estate projects
for each dollar of credit passed through to the the project’s size needs to be large enough to could also be suitable candidates for such
investor. Te investor remains in the project justify the costs incurred.                           installations.
for the five-year tax-credit-recapture period,           The beauty of NMTC in a real estate          For commercial and industrial projects
during which time there can be no sale or project is that these credits can be com- that generate jobs, the more-traditional
disposition of the property.                         bined with HTC in an appropriate project enterprise zone tax abatements and jobs
   Numerous HTC projects would never (residential components are significantly creation tax credits ofen are available at the
have been completed, let alone                                    limited) to further boost the state or local levels. Te tax-burden reduc-
realized, without this program.                                   equity component to the point tion changes the pro formas of such projects
For example, in Cleveland much       Tudor                        that the equity gap is nearly for the better, increasing appraisal numbers
of the nationally publicized East
Fourth Street District (which
                                     Arms                         filled. A developer’s typical in a time when every dollar is critical.
                                                                  equity contribution would not      Prospects are dim for near- or even
includes the House of Blues in a   Financing                      be sufficient. But with the push mid-term restoration of more customary

                                             ¶
former Woolworth building and                                     given by the tax credit equity loan-to-value ratios. Tis means only those
Iron Chef Michael Symon’s Lola                                    pieces, the project will green- projects with significant equity to plug the
Restaurant) was restored and                                      light, notwithstanding a con- gap will be built. Because such development
converted to an urban mixed-         $3.3 million                 servative loan-to-value ratio.   doldrums often translate into developer
use retail and residential devel-        in federal HTC              A recent example is a Cleve- demise, it’s time to take a look at tax credit
opment, employing a combina-         $4.4 million                 land hotel financing that closed programs and qualifying development to
tion of federal and state HTC.             in state HTC           in early fall 2009. Te project, generate some lifeblood in the commercial
                                      $4 million                  the conversion of the 1930s-era marketplace.
New Markets                                   NMTC                Tudor Arms into a Doubletree
Tax Credits                                                       Hotel, featured HTC, NMTC, a John W. Waldeck Jr. is a partner and prac-
While new markets tax credits        $8.9 million                 conventional construction loan tice head of the real estate section at Walter
also may fill equity gaps, they               mortgage             at approximately a 50 percent  Haverfield LLP in Cleveland. Contact him at
differ from historic tax credits         Source: Cleveland.com     loan-to-value ratio, and some jwaldeck@walterhave.com.


ciremagazine.com                                                                                                              May | June | 2010    
INVESTMENT
                              ANALYSIS




                Physical Fitness              Equity investors need a
                            tougher due diligence workout.
                                                                                   by Linda Bryson, LEED-AP




c    Commercial real estate investors conduct many types of due
     diligence, such as financial, legal, and physical. Regarding
     the latter, many investors assume that if they follow the
     current physical due diligence standard, ASTM guideline
     E2018-08, Standard Guide for Property Condition
     Assessments: Baseline Property Condition Assessment
     Process, they will be adequately protected. What
     you and your clients should understand is that
     this standard represents the lowest common
     denominator of physical due diligence and is
     only appropriate for investors with a high risk
                                                                                                     approach, equity investors should elect
                                                                                                       to enhance the percentage of repre-
                                                                                                         sentative observations conducted
                                                                                                         by the field observers, since,
                                                                                                          in ASTM’s standard, the field
                                                                                                          observer does not survey 100
                                                                                                          percent of a given repetitive sys-
                                                                                                                tem or component. ASTM’s
                                                                                                                     minimum threshold is
                                                                                                                        10 percent of repeti-
                                                                                                                        tive systems such as
                                                                                                                       apartment units,
                                                                                                                      common areas, or
     tolerance. Investors whose risk tolerance is lower                                                                retail spaces. Such
     than, for example, that of a commercial mortgage-                                                                 observations should
     backed securities issuer, will want to ratchet the                                                               be carried out to the
     investigation up several notches.                                                                                 extent that the field
                                                                                                                       observer can offer
     Inadequate Observation                         ofen takes a team                                                  a confident opin-
     At least 90 percent of all CMBS and balance-   approach, much                                                     ion as to the general
     sheet lenders’ due diligence complies with     in the same way                                                  condition of recur-
     E2018-08, but because the standard was         buildings are designed.                                       ring components. For
     designed as a baseline it is rarely adequate   At a minimum, the                                            an equity deal, this might
     for those taking an equity position. The       team should include                                         involve observing perhaps
     standard describes a “walk-through” sur-       an architectural engi-                                      25 percent or more of spe-
     vey of a building’s readily observable and     neer, a mechanical                                          cific areas.
     easily accessible components and systems. It   engineer, an elevator
     was never intended to be sufficient for par-     consultant/technician if                                 Record Research
     ties with a lower risk tolerance for incur-    applicable, and a roof-                                  Off-site research is another
     ring costs to remedy undisclosed physical      ing technician or consultant.                           area not required by the
     deficiencies. ASTM’s standard specifically       Depending on such factors                               ASTM standard, but it is ofen
     acknowledges these limitations.                as the asset’s age, design,                    just as important as the walk-through
        An ASTM baseline survey typically is con-   materials, and scope, the                      survey. Interviews with building ser-
     ducted by a field observer, who is described    team also may include a                        vice firms about various systems,
                                                                                                                                                SAKIstyle/Getty Images




     as a “generalist” having knowledge about       curtain wall consultant,                      including conveying, roofing, heating,
     various building systems. However, due         a fire/life-safety code consultant,                ventilation, and air conditioning,
     diligence conducted on behalf of equity        and other technical specialists.                     fire suppression/sprinkler, build-
     investors — those in a first-loss position —      In addition to insisting on a team                 ing security, building automation,



   May | June | 2010                                                                                Commercial Investment Real Estate
cooling towers, water treatment, plumbing,        buyers in this down market. Most bargain            his own due diligence to renegotiate the pur-
and electrical, provide significant informa-       hunters correctly recognize that they are           chase price.
tion that would not be discovered during a        purchasing properties below replacement cost            However, depending on the exit strategy and
walk-through. Tese firms also have access          and as is under adverse time constraints. Teir      length of the intended hold, most sellers will
to service records indicating the frequency       emphasis, many times, is simply to secure the       expend minimal monies for conducting their
of certain repairs and costs, chronic call-       asset under contract. Due to the competitive-       own due diligence, if they conduct any at all.
back problems, pending repairs or replace-        ness of the market in identifying such prop-        Almost always, the scope of disclosure reports
ments, proposals submitted to ownership           erties, the Property Condition Report — the         is reduced. For example, it usually is conducted
but never executed, equipment obsolescence        product of a Property Condition Assessment          by a single field observer, and it is not unusual
(both functional and economic), upgrades          — cannot be used to renegotiate the purchase        for sellers or their agents to forego interviewing
necessary to comply with local codes or           price as a result of discovering physical defi-      on-site building maintenance personnel and
revised applicable standards, and more.           ciencies. Terefore, the discovery of physical       off-site building service firms or to keep quiet
Researchers also should conduct interviews        deficiencies ofen is moot unless they will           about known physical deficiencies.
with local building and fire code enforce-         materially impact tenancy.                              Te scope and intensity of due diligence
ment officers and look into building depart-           Property Condition Reports prepared on           varies with the objectives of the entity retain-
ment files for open building code violations       behalf of sellers, also referred to as disclosure   ing the due diligence services. It’s a business
or mandated improvements to comply with           reports, have become quite common over the          decision. Due diligence exercised for one
recent or pending code upgrades.                  past five years. Sellers use them to present         party might not be sufficient for another.
   While generalists may be knowledgeable         an asset to potential buyers with physical          Make sure your clients know the difference.
about certain systems due to their educa-         deficiencies disclosed along with the ask-
tional background or work experience, they        ing price, which takes the deficiencies into         Linda Bryson, LEED-AP, is a principal for IVI
may have minimal, if any, knowledge about         consideration. Tis technique ofen is used           International and manager of its due diligence
other building systems or components. Some        to prevent a potential buyer from using a           group. Contact her at linda.bryson@ivi-intl.
investors say they will only bring in specialty   deficiency discovered during the course of           com.
consultants if the generalist spots something
significant or questionable. However, it is
very probable that a generalist may not be
able to recognize the existence of a signifi-
cant physical deficiency in certain building
systems because many are simply too com-
plex. No architect or engineer is knowledge-
able about all building codes or systems.
                                                        Cleared
What’s Sufficient?
A paradox among balance sheet lenders
today is the more conservative the under-
writing and the higher the appraised value
                                                        for Takeoff.
                                                         Business today is all about speed to market. With the zoning, infrastructure
of the collateral, the less physical due dili-           and improvements already in place, we can help your ideas take flight by
gence exercised regardless of the asset’s
                                                         locating on one of our outlots or setting up shop in a former Walmart
physical size. As an example, a lender who
recently took a first mortgage position on a              or Sam’s Club.
250,000-square-foot Midtown Manhattan                    Why choose anywhere else? Call today and let’s get down to business.
office building was emphatic that the physi-
cal due diligence budget not exceed $3,000,
even though the asset had an appraised
value of about $100 million. Absent inter-
nal guidelines, it is common for lenders
to require the same level — and spend the
same amount — for physical due diligence
on assets as varied as a 30,000-sf strip center
and a 20-story hotel.                                    walmartrealty.com | 479-204-2020
   Not only are lenders conducting minimal
due diligence, but so are many opportunistic


ciremagazine.com                                                                                                                    May | June | 2010      
LEGAL
                             BRIEFS




                                                   Receiver’s Role
                                           Who plays this part in the
                          distressed property drama?
                                                                 by Jennifer Tullius and Jonathan Littrell




w    Within the chaos of foreclosures and deeds in lieu, lenders are
     utilizing receivers to minimize losses, maximize property values,
     and reduce potential liability on properties in default. It is no great
     surprise that an ever-growing number of commercial real estate
     professionals are expanding their résumés to include receivership to
     capitalize on this trend. What is surprising, however, is the apparent
     lack of understanding of the actual role, benefits, and drawbacks of
     appointing a receiver over real property.

     Landing the Part                              erty that serves as collateral for a loan in
                                                                                                    Tat amount is then added to the borrower’s
                                                                                                    principal loan balance.

                                                                                                    Learning the Lines
                                                                                                    A receiver’s primary duty is to secure the
                                                                                                    property, prevent waste, and collect rents.
                                                                                                    In general, the receiver is required to follow
                                                                                                    the court’s order, which may include specific
                                                                                                    authority to manage the property, collect
                                                                                                    rents, and provide monthly accountings.
                                                                                                    In some instances, the court may grant the
                                                                                                    receiver authority to enter into leases and
     In most states, a real estate receiver is a   default. Once appointed by the court, the        position the property for sale.
     court-appointed individual who is given       receiver completely displaces the borrower          Once appointed, the receiver must take
     custodial responsibility over real prop-      and becomes responsible for the tangible         custody of the property, which may include
                                                                      and intangible assets         changing locks, securing operating accounts,
                                                                      related to the property.      and retrieving property-related documents
                                                                      Owing a fiduciary duty         from the borrower. Depending on the situa-
                                                                      to the court and parties      tion, obtaining control can be rather simple
                                                                      involved in the litiga-       or very difficult. Te key for the receiver is to
                                                                      tion, the receiver makes      act quickly so that the borrower cannot cause
                                                                      all decisions regarding       harm to the property.
                                                                      management and opera-            Afer securing the property, the receiver
                                                                      tions, including leasing,     should promptly inspect it and prepare a
                                                                      improvements, and in          report summarizing the property’s general
                                                                      some cases, positioning       condition and itemizing personal property of
                                                                      the property for sale.        the borrower. Te receiver also should send
                                                                         Receivers’ fees and        a letter to the tenants notifying them of the
                                                                      fees for third-party pro-     change in control, providing a new point
                                                                      fessionals hired by the       of contact, and, ideally, arranging a time to
                                                                      receiver typically are paid   meet with them individually to establish a
                                                                      out of available cash-flow     relationship and discuss areas of concern.
                                                                                                                                                     Image Source/Photolibrary




                                                                      from the property’s oper-        Other items that generally require the
                                                                      ations. If the property is    receiver’s immediate attention include the
                                                                      cash negative, the lender     transfer of utility bills, placement of prop-
                                                                      ofen will advance funds       erty insurance, hiring of a third-party man-
                                                                      to pay the receiver’s fees.   agement company, maintaining or entering



   May | June | 2010                                                                                      Commercial Investment Real Estate
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CIRE Magazine May Jun 2010

  • 1. COMMERCIAL INVESTMENT May | June | 2010 Retail Rematch Investors emerge Investors emerge v m g from their corners in search of single-tenant opportunities. Who’s the Boss? You Are! Foreign Investors Eye U.S. Bargains Healthcare Reform for Properties www.ciremagazine.com The Magazine of the Institute
  • 2. Introducing The New CCIM P R E P A R I N G T O N E G O T I AT E Online Self-Directed Interactive Course In this economic environment, nothing is as important to your immediate and long-term success in the commercial real estate industry as your ability to negotiate favorable deals and make impactful presentations. The new Preparing To Negotiate online, self-directed, interactive course shows you how to incorporate CCIM’s renowned three-step, interest-based Negotiations Model into your business — without taking valuable time away from it. Developed by commercial real estate professionals for commercial real estate professionals, this course will teach you the tools and strategies these successful practitioners are already using to effectively close their deals. After completing Preparing To Negotiate, you will be able to: Apply the CCIM interest-based Negotiations Model to your preparation for negotiations. Interpret CCIM interest analysis chart elements, and consider creative solutions for identified interests and issues. Assess risks and action plans for potential conflicts. Don’t compromise on tomorrow: get the skills you need now to negotiate your way through the coming year! Get complete details and register now at CCIM.com/preparing-negotiate CCIM Institute Equipping the world’s best minds in commercial real estate
  • 3. COMMERCIAL INVESTMENT May.June.2010 Vol. XXIX No. 3 6 26 Lenders say ¬ they will open their wallets this year. COVER STORY In the 22 Property FEATURES Retail Ring Prescriptions Investors move off A little preventative medicine may protect asset health. the ropes to fight by Rich Rosfelder for quality deals. 32 International Influx COLUMNS by Beth Mattson-Teig Low prices attract foreign 2 President’s Desk real estate investors. 12 CCIM Q&A by Philip G. Skinner and 14 Financing Focus Abe J. Schear 16 Investment Analysis 18 Legal Briefs 36 Step It Up! 20 Technology Solutions Cover: Brand X Pictures/Photolibrary; Above: I Love Images/Corbis Take your career in a new direction. D E PA RT M E N T S by Rod N. Santomassimo, CCIM 4 In This Issue 39 The Case for 6 Market Trends 42 Regional Outlook Conversion 44 International Beat Office makeovers add value. 45 Buyers Guide by Reed Miller and Ken Boyle 46 Deal Makers 48 CCIM Connections May | June | 2010 1
  • 4. @ PRESIDENT’ S DESK Change the Way You Work Only m @ CCIM MEMBERS: Mailed along with this magazine is the instruction book for the next gen- eration of CCIM member benefits: the CCIMREDEX User Guide. Learn- ing to use this commercial property data exchange is the best investment you can make in your future. It will change the way you work. “Te real value of CCIMREDEX is the third-party applications,” says CCIMREDEX Director Todd A. Kuhlmann, CCIM. “You enter your What’s online with property data once, and you can promote it, publish it, and analyze it in Commercial Investment Real Estate many different programs.” Data entered into CCIMREDEX is pushed www.ciremagazine.com magazine? out to national commercial property listing services such as Catylist, • Cap Rate Crazy — Is direct capitalization CommercialSource.com, CoStar, Property Line, RealUp, pushing values even lower? Appraiser Brian D. Frank, CCIM, GAA, discusses the TotalCommercial.com, and Proxio, an international real underlying weakness of using cap rates to estate platform where it is translated into 12 languages. determine property value. CCIMREDEX also gives CCIM members access to • Drop the Puck! — Native Minnesotan several marketing and analysis programs. Turn to page and CEO of Chief Real Estate Co. Michael 20 to learn more about these services. And to understand Houge, CCIM, SIOR, compares the the thought process behind CCIMREDEX, read Kuhl- commercial real estate market to a hockey game. Buyers and sellers want to get back mann’s interview on page 12. on the ice but lenders are frozen in fear. CCIMREDEX was developed for CCIM members by CCIM mem- • Retail Overstock — What do other CCIMs bers. It is a service of the institute’s wholly-owned subsidiary, CCIM around the country say about their local TECH, which also operates STDBonline, CCIM’s most popular member retail markets? Read the comments that benefit. Nearly 11 years ago, the institute committed time and resources didn’t make it into the cover story. to developing STDB, one of the premier online real estate resources • CCIM Connections Continued — Find out with more than 25 databases, including demographics, aerials, business how CCIMs leverage STDBonline and other information, and mapping tools. Te institute is following the same member benefits for profitable deal-making. path with CCIMREDEX, which is integrated with STDB, providing Online. All the Time. CCIM members with the industry’s most complete technology resource Only @ ciremagazine.com. — at no additional cost. You owe it to your business to take advantage of this tremendous CCIM member benefit. COMMERCIAL INVESTMENT May | June | 2010 Richard E. Juge, CCIM President, CCIM Institute Retail rjuge@ccim.com Rematch Investors emerge from their corners in search of single-tenant opportunities. Who’s the Boss? You Are! Foreign Only Investors Eye U.S. Bargains Go to www.ccimredex.com to view Todd Kuhlmann’s video on Healthcare the benefits of CCIMREDEX and to sign up for a CCIMREDEX Reform for Properties @ Webinar. www.ciremagazine.com T he Magazine of the Institute  May | June | 2010 Commercial Investment Real Estate
  • 5. For the first time ever, CCIM CCIM members are Institute and CCIM TECH will invited to: share a large booth in the Reserve a Table Leasing Mall with plenty of Register for a comfortable and functional Demonstration space just for CCIM members. Participate in a Live Deal-Making Session As a CCIM member, you can: Reserve tables for meetings and Mark your calendar to doing deals also attend these CCIM Attend demonstrations showcasing learning opportunities: powerful technology tools (including the new CCIMREDEX) Retail Decisions: Location, Timing and Run STDBonline reports for ICSC Demographics Sunday, May 23, 9:45-10:45 am RECon Market and Financial Feasibility – Finding More Participate in a deal-making session Tenants Attaining CCIM Designation Attend a cocktail reception (co-hosted by CCIM and ICSC) So come by Booth # C201 H ST (H Street right by 19th Sunday, May 23, 1:30pm to 4:30pm Avenue and the Food Court) and see how CCIM and CCIM Visit: web.CCIM.com/icsc to learn more. TECH have created an environment at ICSC RECon for you to make connections with the industry’s finest and access Be sure to stop by the CCIM TECH all the resources you need to close a deal that day! Booth # S3813 in the Trade Expo CCIM Institute Equipping the world’s best minds in commercial real estate
  • 6. COMMERCIAL INVESTMENT Commercial Investment The CCIM Institute, an Real Estate, the member affi liate of the National IN THIS publication of the CCIM Association of Realtors, confers ISSUE Institute, reports on market the Certified Commercial trends and analysis, current Investment Member developments in the field, and designation to commercial real successful business strategies. estate professionals who have Reporter Beth Mattson-Teig found extensive training and industry CIRE Staff strong demand for single-tenant net-lease retail properties as she Interim Executive Vice President experience and complete a spoke to CCIMs for this issue’s cover story. Turn to p.26 to read why rigorous study program. Susan J. Groeneveld, CCIM investors are getting back into ¬ Senior Director of Communications Executive Officers “Retail is down, but the game. How can you pro- Jennifer Norbut President tect your asset’s health from jnorbut@ccim.com by no means Richard E. Juge, CCIM an epidemic of declining fun- Executive Editor Metairie, Louisiana out.” p.26 Sara Drummond damentals? Associate Editor President-Elect Rich Rosfelder searches for sdrummond@ccim.com Frank N. Simpson, CCIM the cure on p.22. Associate Editor Gainesville, Georgia Rich Rosfelder First Vice President rrosfelder@ccim.com Leil Koch, CCIM Lahaina, Hawaii FEATURED WRITERS Contributing Editors Linda Bryson, LEED-AP Treasurer Sara Harris Craig Blorstad, CCIM Dennis LaMantia Bloomington, Indiana Co-authors of “International Influx” on p.32, Jonathan Littrell Shawn Mayberry Philip G. Skinner and Abe J. Schear are part- Editorial Review Board Jennifer Tullius ners in the law firm Arnall Golden Gregory in John W. Waldeck Jr. Adrian A. Arriaga, CCIM Atlanta with extensive commercial real estate Donald G. Arsenault, CCIM Design Consultant Roger B. Broderick, CCIM experience, including work- David B. Eaton, CCIM ing with foreign investors Jeff Engelstad, CCIM Skinner with U.S. holdings. Tey co- Commercial Investment Real Estate Paul G.W. Fetscher, CCIM chair AGG’s cross-border practice group. (ISSN 1524-3249) is published Tony M. Guglielmo, CCIM bimonthly by the CCIM Institute of Thomas E. Hankins, CCIM If you’re ¬ the National Association of Realtors, James L. Helsel, CCIM “The wave of foreign ready to 430 N. Michigan Avenue, J. Howard King, CCIM investment should jump-start Schear Chicago, IL 60611-4092. Robert Knight, CCIM Periodicals postage paid at Chicago, your brokerage career, read George C. Larsen, CCIM benefit depressed U.S. CCIM Rod Santomassimo’s Ill., and additional mailing offices. Kevin G. Lenze, CCIM Ride-along mail enclosed. real estate markets” p.32 no-nonsense advice on p.36 Postmaster: Send address changes Mark L. Levine, CCIM Charles A. Mack, CCIM for elevating your brand and to Commercial Investment Real Estate, 430 N. Michigan Avenue, Len Magnani, CCIM your business. Rod heads up the Massimo Group, a professional Michael T. McLean, CCIM Chicago, IL 60611-4092. coaching firm exclusively focused on commercial real estate James J. Piro, CCIM Subscriptions: brokerage. $45 for nonmembers in U.S.; David L. Schank, CCIM Reed Miller and Ken Boyle are managing part- $55 for nonmembers in Canada and Carol Rockhold Shoemaker, ners of Hanover Real Estate Partners, which repo- Mexico. Call (800) 532-8633. For CCIM reprints, call (312) 321-4460. Robert M. Stone, CCIM sitions undervalued institutional-grade assets. On The opinions expressed in signed p.39, they explore remaking single-tenant office articles and materials appearing in Reader Services: All dues-paying Santomassimo properties for multitenant use. Commercial Investment Real Estate, members of the CCIM Institute receive including specific references to Commercial Investment Real Estate products and services, are those of the magazine six times a year as a mem- authors and not necessarily those of ber benefit. Subscribe, purchase back Commercial Investment Real Estate, issues, or order customized article the CCIM Institute, or the National reprints: www.ciremagazine.com or Association of Realtors. podcast © 2010 by the CCIM Institute. (800) 532-8633 x4507. Make address All rights reserved. changes: magazine@ccim.com or Editorial address: 430 N. Michigan (800) 532-8633 x4507. Request reprint permissions: rrosfelder@ccim. Only @ http://podcast.ccim.com Avenue, Chicago, IL 60611-4092; (312) 321-4460; magazine@ccim. com. Submit articles and editorial Marcus Millichap’s retail specialist Bernard Haddigan updates this issue’s com; www.ciremagazine.com. ideas: sdrummond@ccim.com. look at the retail investment market. For advertising information, contact: Kathleen Thomas at (202) 721-1497 or kthomas@ccim.com.  May | June | 2010 Commercial Investment Real Estate
  • 7. Prudential Commercial Real Estate They’re the three most important words in commercial real estate right now. Because in a challenging market, having a powerful and recognized name can open a lot of doors. See why, now more than ever, your most valuable asset is a name people trust. Visit prudentialrealestate.com/commercial or call 866-224-8895 to find Commercial out how to become part of the Prudential Commercial Real Estate network. Real Estate Acquisition Disposition | Relocation | Lease Administration | Capital Services | Property Development Market Research | Energy Sustainability | Location Site Selection © 2010 Prudential Financial, Inc. and its related entities. An independently owned and operated broker member of Prudential Real Estate Affiliates, Inc., a Prudential Financial company. Prudential, the Prudential logo and the Rock symbol are service marks of Prudential Financial, Inc. and its related entities, registered in many jurisdictions worldwide. Used under license.
  • 8. MARKE T TRENDS l Is Lending Back? Lenders are ready to loosen the purse strings, according to Jones Lang LaSalle’s 1Q10 survey of 60 of the industry’s top loan originators. In a survey of life companies, CMBS originators, pri- H. Armstrong Roberts/Getty Images vate equity, commercial banks, and government agencies, 43 percent responded that their loan production would range from $1 billion to $3 billion this year. Te number of lenders expecting to lend more than $4 billion jumped from 9.3 percent in 2009 to 15.2 percent in 2010. Expected loan-to-value ratios averaged between 50 percent and 70 percent and estimated debt coverage ratios ranged from a high of 2.25 on hotels from life companies to 1.15 on multifamily from private equity. Teir preferred asset? Twenty-seven percent voted for multifamily, followed by 22 percent for retail, 21 percent office, 15 percent industrial, 11 percent hotels, and 4 percent other. Worth Quoting Briefly Noted “In 2010, the United States should see sig- nificant foreign capital coming from Asia Hospitality — The number of major hotel sales fell 83 (especially China and Korea), German percent in 2009 from the market’s peak in 2007, the largest decline in 20 years, according to an HVS survey. investment funds, and the Middle East. … The majority of 2009 assets sold between $10 million and Industry organizations have been work- $50 million. ing to assure that U.S. tax policy does not Industrial — Texas, Ohio, Illinois, California, and Penn- discourage foreign investment.” sylvania top the list of U.S. states that saw the most new logistics and warehouse distribution facilities built in the — Deloitte 2010 Real Estate Outlook Deloitte 2010 Deloitte Outloo past two years, says Site Selection Online. Multifamily — Local buyers will drive sales activity among smaller private investment deals because lend- ers continue to favor investors with experience manag- ing apartments in their home markets, says Marcus Millichap. Office — In 16 of 18 office markets surveyed, all participants said they offered a free rent concession, according to the 1Q10 Korpacz Real Estate Investor Survey. Average amount of free rent topped out at 7.8 months in Atlanta and Manhattan and 7.6 in Chicago. The lowest amount was 3.7 months in Los Angeles. Retail — Retail development will reach just William Whitehurst/Photolibrary 70 million sf this year, the lowest amount on record, according to Marcus Millichap. On top of 2009’s 107 million sf of completions, the restricted supply may help fundamentals to start recovering in 2011.  May | June | 2010
  • 9. The Most Respected Curriculum CCIM’s high-powered designation curriculum now has evolved to a whole new location: online, anywhere you choose. The Best Instructors Online CI 101, 102, 103 and 104 are now open for registration. And with sessions The Most Convenient Online scheduled twice a week for five consecutive weeks, you’ll have plenty of time to Classroom reflect on the instruction and to ask questions. All For An Affordable Cost You’ll also interact, build relationships and network with classmates and expert instructors who are successful practitioners within the commercial real estate industry. Save the time and expense of travel and register for an online course today. Go to CCIM.com/content/online-courses now. Upcoming Online Course Schedule CI 101 Session A: June 9 - July 14 Wed + Mon 12-2 pm CST exam open July 14 - 21 Session B: July 29 - Aug 30 Thurs + Mon 4-6 pm CST exam open Aug 30 - Sept 7 Session C: Aug 18 - Sept 22 Wed + Mon 12-2 pm CST exam open Sept 22 - 29 Session D: Oct 21 - Nov 23 Thur + Tue 4-6 pm CST exam open Nov 23 - Dec 1 Session E: Nov 16- Dec 21 Tue + Thur at 6-8 pm CST exam open Dec 21 - 29 CI 102 Session A: Aug 4 - Sept 8 Wed + Mon 4-6 pm CST exam open Sept 8 - 15 CI 103 Session A: July 8 - Aug 10 Thur + Tue 4-6 pm CST exam open Aug 10 - 17 CCIM Institute Session B: Aug 4 - Sept 8 Wed + Mon 2-4 pm CST exam open Sept 8 - 15 Equipping the world’s best minds CI 104 Session A: June 23 - July 28 Wed + Mon 4-6 pm CST exam open July 28 - Aug 4 in commercial real estate Session B: Aug 5 - Sept 7 Thurs + Tue 4-6 pm CST exam open Sept 7 - 14
  • 10. MARKE T TREND S Import-Export Percentages Since 2008 Port % Imports % Exports Los Angeles/ 70.1 Long Beach, Calif. 29.9 New York/ New Jersey 35.7 64.3 Export Advantage Te decline in global trade hit the nation’s industrial markets hard, but Seattle/ 59.3 not equally hard, according to a Colliers International report. Dur- Tacoma, Wash. 40.7 ing the global slowdown of the past two years, vacancy rates in port city industrial markets climbed faster than in the overall industrial 51.6 market. Tis points up the clear correlation between trade and indus- Savannah, Ga. 48.4 trial demand. For every 1 percent change in port TEUs, the standard 52.1 measure of shipping trade, industrial demand changes 0.33 percent. So Charleston, S.C. 47.9 the recent 15 percent decrease in TEUs resulted in a 5 percent decline in port city industrial occupancy. But not all port cities experienced Houston 42.1 the decline equally. In fact, those focusing on exports fared better 57.9 than those concentrating on imports, as exports to foreign countries 0 10 20 30 40 50 60 70 80 remained fairly stable throughout the recession. Source: Colliers International à Funds Smart Reads Target Negotiauctions pretty much describes the commercial real estate deal-making process — continually rearranging the deal until it Andrew Unangst/Getty Images Hotel Buys works for all parties. It’s the deal-making mechanism for the future, says author and Harvard professor Guhan Subramanian, who adds: From Magna “Sophisticated deal makers … engage in a carefully thought- Hospitality s Hospitality’s $75 through sequencing strategy: Get all the pieces lined up to the Una million to Blackstone point where, when you go in the room, it’s basically a done deal.” Equity’s $10.9 billion, some 38 equity groups are devoting dollars to picking up hotel assets Cap Rates Stabilize this year. To access Geographically, 16 markets reported a decline in capitalization rates, while 12 reported the complete list of increases, according to the 1Q10 Korpacz Real Estate Investor Survey. Going forward, inves- fund names and target tors in 19 markets expect cap rates to hold steady for the next six months, up from two property types go to markets in 4Q09. www.hotelnewsnow. PROPERTY TYPE 1Q10 AVERAGE CAP RATE (%) CHANGE FROM 4Q09 (BP) com. Apartment 7.85 –18 CBD office 8.35 +11 Strip center 8.49 –4 Warehouse 8.73 –7 Medical office 8.78 –13 Net lease 8.86 –8 Aggregate 8.42 –7 Commercial Investment Real Estate
  • 11. Let others react to market conditions with a bunker mentality. Right now is your perfect opportunity to become stronger, faster and more effective with the new, evolved CCIM curriculum. The advanced learning methods and applications will put you light years ahead with knowledge that can be put to work the day you finish the course. Register now by visiting CCIM.com/CourseSchedule or calling our Solution Center at (800) 621.7027, ext. 3100. CI Intro CI 101 CI 103 To learn more about all Pittsburgh PA May 17-18 Birmingham AL May 17-21 Houston TX Jun 7-11 the career launching San Diego CA May 17-18 Orlando FL Jun 14-18 Pleasanton CA Jun 14-18 benefits that come from Lansing MI May 19-20 Baltimore MD Jun 21-25 Albany NY Jun 21, 22, 24-26 being plugged into the Mississauga ON May 19-20 Chicago IL Jul 12-16 Glendale CA Jun 25, 26, 28-30 world’s most powerful Washington DC May 25-26 Addison TX Jul 19-23 Austin TX Jul 19-23 network, go to CCIM.com Las Vegas NV May 27-28 Las Vegas NV Jul 26-30 Fishkill NY Jun 3-4 CI 104 Indianapolis IN Jun 7-8 CI 102 Chicago IL May 17-21 Mission Viejo CA Jun 9-10 Austin TX May 17-21 Scottsdale AZ Jun 7-11 Addison TX Jun 17-18 Minneapolis MN Jun 7, 8, 10-12 Stamford CT Jun 10, 11, 14-16 Gulfport MS Jun 24-25 Santa Ana CA Jun 7-11 Addison TX Jun 14-18 Pembroke Pines FL Jun 24-25 Boston MA Jun 7-11 Louisville KY Jun 14, 15, 17-19 Los Angeles CA Jul 8-9 Denver CO Jun 10, 11, 14-16 Madison WI Jun 14, 15, 17-19 San Francisco CA Jul 14-15 Charleston SC Jun 14-18 Washington DC Jun 14-18 Memphis TN Jul 22-23 Atlanta GA Jun 21-25 Atlanta GA Jul 19-23 Port St. Lucie FL Jul 29-30 Nashville TN Jun 21-25 San Antonio TX Jul 21-25 CCIM Institute Tampa FL Jul 19-23 San Francisco CA Jul 26-30 Schedule subject to change without Equipping the world’s notice. For the most up-to-date schedule, best minds in visit CCIM.com/CourseSchedule. commercial real estate
  • 12. MARKE T TREND S Beyond the Beltway: Where the Government Works Top General Services Administration leasing markets outside of Washington, D.C., Maryland, and Virginia State 2009 leased office sf Change from 2008 (sf) Mauricio Simonetti/Getty Images California 10,266,025 146,887 Texas 9,351,863 650,863 Florida 6,542,955 566,499 New York 6,405,228 204,598 Georgia 5,843,917 52,236 Source: Jones Lang LaSalle Trending Upward Dallas-Fort Worth is poised to become a world capital Apartment transactions in the well-populated greater than $500,000 future due to available land for development and $116,420 pro-business attitudes, says Joel Kotkin, author of The Next Hundred Million: Ã$88,859 America in 2050. The $101,661 growing U.S. population — estimated to reach 400 million by 2050 — may be just the engine that keeps the U.S. economy chugging along. Kotkin sees the $73,233 demographic diversity of Weighted New York and other major average gateway cities spreading price throughout the country. per unit Vacancy Forecast (%) Property 2009 2010 2011 Office 15.7 17.3 17.4 1Q10 Industrial 13.2 14.6 14.5 1Q09 Retail 12.0 12.7 12.7 1Q08 1Q07 Multifamily 7.4 7.0 6.1 Source: PPR, A CoStar company Source: National Association of Realtors/CBRE Econometric Advisors  May | June | 2010 Commercial Investment Real Estate
  • 13. THE NEW CCIM ‘SAVE YOUR SEAT’ PLAN IS THE PERFECT WAY TO: ■ Manage your cash flow: lock in your class with an initial deposit of just $100 then wait to pay the balance until you actually take the class ■ Plan ahead without paying ahead: add your next class without worrying about paying for the entire cost now ■ Be flexible: if your plans change you have the option of applying your deposit to any upcoming class or to next year’s dues Don’t miss this chance to interact and build relationships with classmates and expert instructors who are successful practitioners within the commercial real estate industry. Sign up for your next class and Save Your Seat today with a simple deposit of only $100. To find out more, go to web.CCIM.com/SaveaSeat or call toll-free now: (800) 621-7027, ext. 3100. CCIM Institute Equipping the world’s best minds in commercial real estate
  • 14. CCIM QA REDEX Rolls Out o by Jennifer Norbut On March 31, CCIM TECH launched CCIMREDEX, an online prop- erty listing and marketing database that is poised to revolutionize Todd Kuhlmann, CCIM the way CCIM designees and candidates do business. Commercial Investment Real Estate asked Todd Kuhlmann, CCIM, vice presi- creating their own personal property data- base, and select individual CCIMREDEX dent of Dallas-based CCIM TECH and director of CCIMREDEX, to users to collaborate on a property. share his insights on this new member benefit and the opportuni- ties it provides exclusively for CCIM members. CIRE: How does CCIM’s other top technology tool, STDBonline.com, CIRE: What will CCIM members gain CIRE: What advantages does integrate with CCIMREDEX? by using CCIMREDEX? CCIMREDEX offer over other local, Kuhlmann: STDB provides CCIMs with Kuhlmann: The top three benefits of regional, and national commercial tools to analyze markets, determine the CCIMREDEX will be different for each user, information exchanges? demand for real estate and products in those depending on whether they are owners, buy- Kuhlmann: Most CIEs allow brokers, and markets, and track their growth and trends. ers, or listing brokers. CCIMREDEX is ideal in some cases, the general public, to search CCIMREDEX users can maintain specific for owners and managers who want to track for commercial properties within a spe- their properties and buyers who are com- cific area. However, CCIMREDEX was not paring multiple properties for acquisition. designed to replace or compete with CIEs. Listing brokers greatly increase exposure It was designed to be a members-only data for their listings when they submit them to exchange for CCIM designees and candi- CCIMREDEX because they are pushed out dates that integrates with third-party appli- to numerous listing services, commercial cations such as CIEs and marketing and information exchanges, and syndication analysis tools. sites. Most importantly, CCIMREDEX com- property information, perform detailed anal- pletely streamlines and maximizes the ysis and marketing for a property, and dis- listing process for CCIM members. For tribute the property information to multiple REDEX RESOURCES example, many brokers spend a great deal listing services. In other words, STDB helps CCIMREDEX LEARNING CENTER of time entering property information into our members identify demand for the market (www.ccimredexlearningcenter.com) provides: numerous listing services and CIE systems and CCIMREDEX complements this with • Online Flash tutorials to increase their exposure opportunities. the supply that is available in the market. • Training videos But with CCIMREDEX, CCIM members • On-demand instructional Webinars enter their property listings one time and CIRE: Tell us more about • Online Quick-Start Information Guide the listings are automatically pushed to an CCIMREDEX’s property marketing • Schedule for on-site classroom training in array of integrated listing services and CIEs features. select cities nationwide. Our users also can choose not to Kuhlmann: The marketing tools allow publish their records and listings, effectively users to create brochures, fliers, and Flash  May | June | 2010 Commercial Investment Real Estate
  • 15. “CCIMREDEX is like the iPhone—it Tese may include more e-mail marketing tools such as CCIM’s MailBridge tech- integrates property information with nology and listing services such as local third-party applications.” CIEs. Web presentations for their listings and with multiple third-party applications. As Jennifer Norbut is senior director of com- allow users to distribute property informa- we receive feedback from our members on munications for CCIM Institute. If you have a tion using postal and e-mail services. Te how they use CCIMREDEX, more third- story worth sharing in CCIM QA, send it to analysis tools also allow users to complete a party application tools will be integrated. jnorbut@ccim.com. financial or lease analysis of a property and obtain an environmental summary report. (Read Technology Solutions on page 20 for more details on CCIMREDEX tools.) CIRE: What’s the best way for CCIM members to learn how to use Weathering the Storm. CCIMREDEX? Kuhlmann: The more members know about how to use this exciting product, the Resilient. Reliable. Ready. more they will see the tremendous value it provides in their business. To assist CCIMs, we have established the CCIMREDEX Learning Center (www.ccimredexlearn- ingcenter.com), which includes detailed tutorials for each CCIMREDEX function. (See sidebar.) A series of instructional on- demand Webinars and Flash video tutorials also are available for members in the online Learning Center. CCIM Technologies also has a full-time support staff available by ...reliable through tough economic times, Grandbridge remains strong. Our unique market position and phone — (469) 232-2615 — and e-mail wide variety of business platforms, mixed with our broad investor base and stable, secure ownership, enables (support@ccimredex.com) to assist mem- Grandbridge to structure and execute the right loan for our clients—for each and every transaction. bers who have questions. Grandbridge — your source of commercial and multifamily real estate funding in today’s $18,147,500 CIRE: You’ve said that CCIMREDEX Lewisville, TX technology is evolving all the time. turbulent financial environment. 270-Unit Multifamily What types of features might CCIMs Re nance • Fannie Mae DUS® Lending Agency expect to see in the future? • Freddie Mac Program Plus® Lending Kuhlmann: CCIMREDEX was designed to $5,900,000 integrate and evolve. A good analogy is to • Freddie Mac Targeted Louisville, KY think of CCIMREDEX like the iPhone — it Affordable Housing Lending 244,750 Sq.Ft. Industrial was built to integrate property information • MAP- and LEAN-approved FHA Lending New Loan Origination Insurance Company • Insurance Company Lending • Proprietary Lending • Bank Lending INTEGRATED CIE S AND LISTING SERVICES Property listings entered into CCIM- grand opportunities REDEX can be distributed to Catylist, Atlanta 404.602.1389 • Birmingham 205.978.1840 • Charleston 843.886.4391 • Charlotte 704.379.6900 • Chicago 312.322.1220 • Columbus 614.358.4100 • Dallas 214.346.0200 CommercialSource.com, CoStar, Ft. Lauderdale 954.389.7822 • Greenville 864.288.5396 • Houston 713.993.1300 • Indianapolis 317.237.5370 • Jacksonville 904.652.2206 • Kansas City 913.677.2001 • Louisville 502.589.1233 Proxio, TotalCommercial.com, Madison 608.827.7747 • Milwaukee 262.785.8440 Minneapolis 612.341.7880 • Mobile 251.473.1831 • Naples 239.947.5077 • Nashville 615.377.8989 • Norcross 678.906.4070 Norfolk 757.625.8181 • Orlando 407.772.0750 • Pittsburgh 412.391.3366 • Raleigh 919.871.6300 • Tampa 813.281.8767 • Washington, D.C./Baltimore 703.677.3900 • www.gbrecap.com PropertyLine, and RealUp. Loans are subject to credit approval. ciremagazine.com May | June | 2010 
  • 16. FINANCING FOCUS Equity Injection Tax credit programs boost funding for qualified properties. by John W. Waldeck Jr. t The dominos continue to fall in the commercial real estate mar- ket, leaving lenders exceptionally conservative in making loans for new projects. Loan-to-value ratios in the 50 percent range are not uncommon. In fact, some would say that outright rejections are the norm. But not all news is bad. Opportunities exist in segments that can take advantage of exist- ing and evolving federal and state tax credit programs, such as historic tax credits and new markets tax credits. Qualifying projects have the advantage of significant equity creation, which bridges the difficult loan-to-equity gap in today’s market. Tere is a catch, however: Not all projects will qualify. For federal and state historic tax credits, as the name implies, an existing, qual- ifying property’s restoration must conform to standards issued by the U.S. Department of the Interior. For new markets tax credits, proj- ects must be located in a low-income census tract (many urban centers qualify). Renewable and green energy credit programs also may generate credits at the state and federal level. Steve Allen/Getty Images Historic Tax Credits Developers may use federal historic tax credits to raise equity equal to either 10 per- cent or 20 percent of the project’s rehabilita-  May | June | 2010 Commercial Investment Real Estate
  • 17. additional layers of financing from commu- ¶ nity development sources. Getting a hotel The number of renewable energy and green tax deal done in the current environment is vir- tually impossible, yet with the twin engines credits continues to grow. of HTC/NMTC bolstering the financing it became a reality. tion expenditures. Land and purchase costs in a number of respects. As contrasted with do not count, and rehab expenditures must HTC, NMTC are available to the taxpayer Other Credit-Based exceed the developer’s basis in the project. over a seven-year period in an amount equal Financing Te majority of projects use the 20 percent to 39 percent of the qualified investment (5 The number of renewable energy and credit, which is available for certified historic percent per year for three years; 6 percent per green tax credits continues to grow. structures or qualifying structures that are year for the next four years). Developers on the cutting edge of afford- in certified historic districts. Additionally, Also, NMTC are allocated annually on a able housing tax credits have successfully such funding requests require a three-part competitive basis, requiring the developer used solar panel technology to qualify for application, which is approved by the state to approach a successful allocatee with the tax credits or outright grants to reduce historic preservation office and the National project request. Park Service. Te federal credit is automatic. Tese allocatees may If developers follow the proper guidelines include banks, com- and application, the 20 percent credit may munity develop- Where to Go Next be taken in the year in which the project is ment corporations, • www.nps.gov/history/hps/tps/tax/index.htm placed in service. State programs may be port and develop- • www.cdfifund.gov automatic or based on competition. ment authorities, • www.dsireusa.org HTC equity comes into the project in the and the National form of a capital contribution made by an Trust for Historic investor in the project, usually C corpora- Preservation. tions with taxable income — many still are Investment may be direct or through a lev- energy costs to tenants and pay for other- very active in the market. Tese investors eraged structure. Due to the structure’s com- wise cost-prohibitive installations, giving contribute at the rate of 75 cents to 95 cents plexity, fees and expenses can be significant; hope that commercial real estate projects for each dollar of credit passed through to the the project’s size needs to be large enough to could also be suitable candidates for such investor. Te investor remains in the project justify the costs incurred. installations. for the five-year tax-credit-recapture period, The beauty of NMTC in a real estate For commercial and industrial projects during which time there can be no sale or project is that these credits can be com- that generate jobs, the more-traditional disposition of the property. bined with HTC in an appropriate project enterprise zone tax abatements and jobs Numerous HTC projects would never (residential components are significantly creation tax credits ofen are available at the have been completed, let alone limited) to further boost the state or local levels. Te tax-burden reduc- realized, without this program. equity component to the point tion changes the pro formas of such projects For example, in Cleveland much Tudor that the equity gap is nearly for the better, increasing appraisal numbers of the nationally publicized East Fourth Street District (which Arms filled. A developer’s typical in a time when every dollar is critical. equity contribution would not Prospects are dim for near- or even includes the House of Blues in a Financing be sufficient. But with the push mid-term restoration of more customary ¶ former Woolworth building and given by the tax credit equity loan-to-value ratios. Tis means only those Iron Chef Michael Symon’s Lola pieces, the project will green- projects with significant equity to plug the Restaurant) was restored and light, notwithstanding a con- gap will be built. Because such development converted to an urban mixed- $3.3 million servative loan-to-value ratio. doldrums often translate into developer use retail and residential devel- in federal HTC A recent example is a Cleve- demise, it’s time to take a look at tax credit opment, employing a combina- $4.4 million land hotel financing that closed programs and qualifying development to tion of federal and state HTC. in state HTC in early fall 2009. Te project, generate some lifeblood in the commercial $4 million the conversion of the 1930s-era marketplace. New Markets NMTC Tudor Arms into a Doubletree Tax Credits Hotel, featured HTC, NMTC, a John W. Waldeck Jr. is a partner and prac- While new markets tax credits $8.9 million conventional construction loan tice head of the real estate section at Walter also may fill equity gaps, they mortgage at approximately a 50 percent Haverfield LLP in Cleveland. Contact him at differ from historic tax credits Source: Cleveland.com loan-to-value ratio, and some jwaldeck@walterhave.com. ciremagazine.com May | June | 2010 
  • 18. INVESTMENT ANALYSIS Physical Fitness Equity investors need a tougher due diligence workout. by Linda Bryson, LEED-AP c Commercial real estate investors conduct many types of due diligence, such as financial, legal, and physical. Regarding the latter, many investors assume that if they follow the current physical due diligence standard, ASTM guideline E2018-08, Standard Guide for Property Condition Assessments: Baseline Property Condition Assessment Process, they will be adequately protected. What you and your clients should understand is that this standard represents the lowest common denominator of physical due diligence and is only appropriate for investors with a high risk approach, equity investors should elect to enhance the percentage of repre- sentative observations conducted by the field observers, since, in ASTM’s standard, the field observer does not survey 100 percent of a given repetitive sys- tem or component. ASTM’s minimum threshold is 10 percent of repeti- tive systems such as apartment units, common areas, or tolerance. Investors whose risk tolerance is lower retail spaces. Such than, for example, that of a commercial mortgage- observations should backed securities issuer, will want to ratchet the be carried out to the investigation up several notches. extent that the field observer can offer Inadequate Observation ofen takes a team a confident opin- At least 90 percent of all CMBS and balance- approach, much ion as to the general sheet lenders’ due diligence complies with in the same way condition of recur- E2018-08, but because the standard was buildings are designed. ring components. For designed as a baseline it is rarely adequate At a minimum, the an equity deal, this might for those taking an equity position. The team should include involve observing perhaps standard describes a “walk-through” sur- an architectural engi- 25 percent or more of spe- vey of a building’s readily observable and neer, a mechanical cific areas. easily accessible components and systems. It engineer, an elevator was never intended to be sufficient for par- consultant/technician if Record Research ties with a lower risk tolerance for incur- applicable, and a roof- Off-site research is another ring costs to remedy undisclosed physical ing technician or consultant. area not required by the deficiencies. ASTM’s standard specifically Depending on such factors ASTM standard, but it is ofen acknowledges these limitations. as the asset’s age, design, just as important as the walk-through An ASTM baseline survey typically is con- materials, and scope, the survey. Interviews with building ser- ducted by a field observer, who is described team also may include a vice firms about various systems, SAKIstyle/Getty Images as a “generalist” having knowledge about curtain wall consultant, including conveying, roofing, heating, various building systems. However, due a fire/life-safety code consultant, ventilation, and air conditioning, diligence conducted on behalf of equity and other technical specialists. fire suppression/sprinkler, build- investors — those in a first-loss position — In addition to insisting on a team ing security, building automation,  May | June | 2010 Commercial Investment Real Estate
  • 19. cooling towers, water treatment, plumbing, buyers in this down market. Most bargain his own due diligence to renegotiate the pur- and electrical, provide significant informa- hunters correctly recognize that they are chase price. tion that would not be discovered during a purchasing properties below replacement cost However, depending on the exit strategy and walk-through. Tese firms also have access and as is under adverse time constraints. Teir length of the intended hold, most sellers will to service records indicating the frequency emphasis, many times, is simply to secure the expend minimal monies for conducting their of certain repairs and costs, chronic call- asset under contract. Due to the competitive- own due diligence, if they conduct any at all. back problems, pending repairs or replace- ness of the market in identifying such prop- Almost always, the scope of disclosure reports ments, proposals submitted to ownership erties, the Property Condition Report — the is reduced. For example, it usually is conducted but never executed, equipment obsolescence product of a Property Condition Assessment by a single field observer, and it is not unusual (both functional and economic), upgrades — cannot be used to renegotiate the purchase for sellers or their agents to forego interviewing necessary to comply with local codes or price as a result of discovering physical defi- on-site building maintenance personnel and revised applicable standards, and more. ciencies. Terefore, the discovery of physical off-site building service firms or to keep quiet Researchers also should conduct interviews deficiencies ofen is moot unless they will about known physical deficiencies. with local building and fire code enforce- materially impact tenancy. Te scope and intensity of due diligence ment officers and look into building depart- Property Condition Reports prepared on varies with the objectives of the entity retain- ment files for open building code violations behalf of sellers, also referred to as disclosure ing the due diligence services. It’s a business or mandated improvements to comply with reports, have become quite common over the decision. Due diligence exercised for one recent or pending code upgrades. past five years. Sellers use them to present party might not be sufficient for another. While generalists may be knowledgeable an asset to potential buyers with physical Make sure your clients know the difference. about certain systems due to their educa- deficiencies disclosed along with the ask- tional background or work experience, they ing price, which takes the deficiencies into Linda Bryson, LEED-AP, is a principal for IVI may have minimal, if any, knowledge about consideration. Tis technique ofen is used International and manager of its due diligence other building systems or components. Some to prevent a potential buyer from using a group. Contact her at linda.bryson@ivi-intl. investors say they will only bring in specialty deficiency discovered during the course of com. consultants if the generalist spots something significant or questionable. However, it is very probable that a generalist may not be able to recognize the existence of a signifi- cant physical deficiency in certain building systems because many are simply too com- plex. No architect or engineer is knowledge- able about all building codes or systems. Cleared What’s Sufficient? A paradox among balance sheet lenders today is the more conservative the under- writing and the higher the appraised value for Takeoff. Business today is all about speed to market. With the zoning, infrastructure of the collateral, the less physical due dili- and improvements already in place, we can help your ideas take flight by gence exercised regardless of the asset’s locating on one of our outlots or setting up shop in a former Walmart physical size. As an example, a lender who recently took a first mortgage position on a or Sam’s Club. 250,000-square-foot Midtown Manhattan Why choose anywhere else? Call today and let’s get down to business. office building was emphatic that the physi- cal due diligence budget not exceed $3,000, even though the asset had an appraised value of about $100 million. Absent inter- nal guidelines, it is common for lenders to require the same level — and spend the same amount — for physical due diligence on assets as varied as a 30,000-sf strip center and a 20-story hotel. walmartrealty.com | 479-204-2020 Not only are lenders conducting minimal due diligence, but so are many opportunistic ciremagazine.com May | June | 2010 
  • 20. LEGAL BRIEFS Receiver’s Role Who plays this part in the distressed property drama? by Jennifer Tullius and Jonathan Littrell w Within the chaos of foreclosures and deeds in lieu, lenders are utilizing receivers to minimize losses, maximize property values, and reduce potential liability on properties in default. It is no great surprise that an ever-growing number of commercial real estate professionals are expanding their résumés to include receivership to capitalize on this trend. What is surprising, however, is the apparent lack of understanding of the actual role, benefits, and drawbacks of appointing a receiver over real property. Landing the Part erty that serves as collateral for a loan in Tat amount is then added to the borrower’s principal loan balance. Learning the Lines A receiver’s primary duty is to secure the property, prevent waste, and collect rents. In general, the receiver is required to follow the court’s order, which may include specific authority to manage the property, collect rents, and provide monthly accountings. In some instances, the court may grant the receiver authority to enter into leases and In most states, a real estate receiver is a default. Once appointed by the court, the position the property for sale. court-appointed individual who is given receiver completely displaces the borrower Once appointed, the receiver must take custodial responsibility over real prop- and becomes responsible for the tangible custody of the property, which may include and intangible assets changing locks, securing operating accounts, related to the property. and retrieving property-related documents Owing a fiduciary duty from the borrower. Depending on the situa- to the court and parties tion, obtaining control can be rather simple involved in the litiga- or very difficult. Te key for the receiver is to tion, the receiver makes act quickly so that the borrower cannot cause all decisions regarding harm to the property. management and opera- Afer securing the property, the receiver tions, including leasing, should promptly inspect it and prepare a improvements, and in report summarizing the property’s general some cases, positioning condition and itemizing personal property of the property for sale. the borrower. Te receiver also should send Receivers’ fees and a letter to the tenants notifying them of the fees for third-party pro- change in control, providing a new point fessionals hired by the of contact, and, ideally, arranging a time to receiver typically are paid meet with them individually to establish a out of available cash-flow relationship and discuss areas of concern. Image Source/Photolibrary from the property’s oper- Other items that generally require the ations. If the property is receiver’s immediate attention include the cash negative, the lender transfer of utility bills, placement of prop- ofen will advance funds erty insurance, hiring of a third-party man- to pay the receiver’s fees. agement company, maintaining or entering  May | June | 2010 Commercial Investment Real Estate