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5.3 – Assignment: Case Study Understanding, Evaluating, and Drafting Commercial Real Estate Agreements: Purchase vs. Leasing
It’s 3 A.M., and Sally is Face-Timing you. Fortunately, you were up slugging away at your course work and tying up some loose ends for the project, so you didnt mind the break. She instantly jumps in, saying, Look! I found a whole bunch of stuff that we need to review. After receiving the Marketing study for that property in Boca Raton (PDF), Download Marketing study for that property in Boca Raton (PDF),Sally asks if you could review the market study immediately because it looks like a hot property and will probably not be on the market for long.
Sally specifies that she has read the material and has a better idea of how to analyze our ROI. The luxury building is in a great location and seven years ago went through an extensive renovation. The current restaurant tenant operates 24 hours a day, seven days a week. Sally points out that its a free-standing building with a total of 7615 square feet, with 6,000 square feet having air conditioning. Also, there is a 1,615 square foot outdoor covered patio and deck for outside dining. The property can seat 259 combined inside and outside, 93 parking spaces and covered patio seating with a full bar and wine case set up.
There is even a dining room kitchen with hood, separate chefs kitchen with hood, and Main Line kitchen with an on-demand hood. The hood is critical because it contains the fire suppressant equipment. Sally states that the three kitchen locations are an added benefit that will permit high-end customer special cratering for her inner circle dining parties on the dining room floor. Having the hoods already installed saves a lot of money and may avoid major inspections by the city. You inject that if the fire hoods are not functioning correctly, the startup costs could skyrocket and also delay our opening. We should add that issue to the list to discuss with the owner. Sally agrees and suggests we may want to determine the effect of the current tenant decides to holdover beyond the term. The broker was, after all, not too definite about the move out date. He only stated that the building was under lease by the restaurant tenant until July or August of this year.
She also points out that the market study specifies that the purchase price is $5,995, 000. Sally states that there is also an option to lease the building under a NNN lease arrangement at $35,000 monthly rent plus $4,200 in property taxes monthly. Sally, wonders out loud if there was a potential of incurring other charges.
More information you can use, or if you already created your own, that is fine.
Sellers name: ACME Realty,12 Grove Street, New York NY
Broker’s name: Sara BellumBroker Fee: 5% percentage
Analyze the property options available to you and Sally in establishing the location and type of agreement that best fits your long-term goals. Sally received the transaction documentation from the Broker to facilitate a review of the offered terms and proposed agreements that the Broker would use to complete the deal.
Review and complete the following agreements using all of the facts available and your understanding of the three transactions presented in this case study.
You are required to complete:
Contract for Sale of Commercial Property.
Commercial Lease Agreement.
Triple Net (NNN) Lease Agreement.
Redraft clauses, fill in missing information, change terms, or add clauses to match the terms and conditions of your deal. Make a list of issues that you will discuss with the broker to argue more favorable terms in all the revisions you have made. You will need this list in the next Assignment.
To analyze the property options available, you request documentation from the broker to review the terms offered. The broker provides you with the following for information and general reference:
Considerations for the Terms Needed in the Sale of a Commercial Property (DOCX)
The Purchase and Sale Agreement (Clark Wilson).This article should help you understand Contract paragraphs and types of revisions available.
Digital Commons Contract Tips (PDF)
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