Category: Commercial News

Tenant Estoppel Certificates

Are you a tenant? A landlord thinking about selling? Or an investor looking to buy a leased property? If you have answered “yes” to any of these questions, it is important that you understand what a tenant estoppel certificate is and the benefits and protections it offers.

What is a tenant estoppel certificate?

A tenant estoppel certificate is a legally binding document signed by a tenant verifying the current status and terms of a lease and specifying any modifications to the original agreement, defaults by the landlord, or other issues relating to the lease. Typically, an estoppel certificate is requested by the landlord as part of the due diligence process before closing on the sale of a property. This statement of facts regarding the lease and the premises estops either party from making a claim that contradicts those facts post transaction.

Tenant Estoppel Certificates Include

If you lease, own, or want to purchase a tenant-occupied property, it’s important to understand how a Tenant Estoppel Certificate can protect you.

Most commercial real estate lease agreements include a provision requiring a tenant to complete an estoppel certificate within a specified amount of time after receiving the Landlord’s request. However, only a landlord wishing to sell or refinance the property would request the estoppel. If a lease does not have a provision requiring a tenant to complete an estoppel certificate, it is in the best interest of the tenant to carefully review and complete the estoppel certificate to verify all pertinent lease information.

Why sign a tenant estoppel certificate?

From the tenant’s perspective, an estoppel certificate informs and certifies to the purchaser of the property (i.e., the new landlord under the lease) and, in the event of financing, the lender of any existing issues they will need to address after closing. For lenders and purchasers, the estoppel certificate verifies information presented by the landlord regarding the tenant, the premises, and certain material terms of the lease, which helps prevent any costly surprises after closing.

As a full-service commercial real estate firm, Kelley Commercial Partners provides landlord and tenant representation. And no matter which side we represent, we are committed to successfully guiding you through the process from the beginning through closing. For all your commercial real estate needs, let us be your partner to success.

Ageless Health & Fitness Relocates to Village@PV

Edward Drangle andn Delena Morrison

Ageless Health & Fitness, the newest business to move into the Village@PV (formerly, Village at Pleasant Valley) is a gym, but it’s not just any ordinary gym. Far from it. Delena Morrison, co-owner with her husband, Edward Drangle, calls it an “upscale boutique fitness center,” which is without a doubt a far better description.

So, what sets Ageless Fitness apart from your average gym? Well, first and foremost it’s owned and operated by a physical therapist with over 35 years of experience with functional fitness. Each new member receives a full assessment by a physical therapist who then uses that information to create a personalized fitness program that is based on each individual’s goals and needs, as well as their limitations. “We are the only gym to combine physical therapy with fitness. No one else does that. That’s what sets us apart” Morrison says.

Ageless Fitness focuses on functional fitness – a combination of strength training, posture, flexibility, and coordination. Trainers guide members through techniques and movements that are designed to address all these areas and work several parts of the body all at once. Special attention is paid to developing core strength, one of the most important aspects of keeping the body fit and functional at any age.

n addition to their unique fitness program, Ageless Fitness offers massage therapy, specialized classes including Pilates, group training, personal training, cardio, strength and flexibility programs, as well as nutritional counseling. They also sell a wide variety of wellness products including stretch bands, heel lifts, and CBD products.

Morrison describes their new space as more open and brighter than their previous space. “The signaled intersection at the entrance to the shopping center has also made a lot of difference,” she said. “It provides much easier access.”

Ageless Health & Fitness Center is located at 10700 N. Rodney Parham Rd., Suite C in Little Rock. They are open Monday-Thursday from 6 a.m. to 8 p.m., Friday from 6 a.m. to 6 p.m., and Saturday from 8 a.m. to 2 p.m. For more information, call 501-225-9996 or email info@agelesshealthandfitness.com.

For leasing information at the Village@PV, contact Brooke Miller or Drew Laning at 501.375.3200.

Kelley Commercial Partners Adds New Shareholder Partner

Kaley Tucker, Property Manager, Partner

Kelley Commercial Partners is pleased to announce the appointment of our newest shareholder partner, Kaley Tucker. She will be joining existing partners Hank Kelley, Daryl Peeples, Maggie Hogan, Nick Kelley, Brooke Miller, Jessi Miller, Kevin Pledger, Gary Smith, Eric Varner, and Cheryl White.

“I knew Kaley was coming to the firm with a solid education and strong work ethic, but she has exceeded every expectation. Her professionalism makes her a joy to work with for team members, clients, and customers. I am excited to see what the future holds for Kaley at Kelley Commercial Partners and honored to be her partner,” said Daryl Peeples, president.

Tucker began her career at the firm nearly 7 years ago, just weeks after graduating from Ouachita Baptist University. She started as an assistant property manager and was promoted to a manager role in 2019. Tucker manages some of Little Rock’s largest Class A properties, including Simmons Tower, and several high-rise Property Owner’s Associations. She coordinates overall management, leasing activities, construction management, and financial oversight for more than 1.3 million square feet of property across central Arkansas.

“I had never considered a career in real estate and was certain I was headed down the CPA path after graduation, but I have grown to love what I do and the people I get to work with every day,” said Tucker.

In October 2021, Tucker completed her RPA® (Real Property Administrator) designation through BOMI. Only property managers with a minimum of three years of experience are eligible for the program. Tucker completed the coursework in less than two years and says she gained a more in-depth knowledge of every aspect of managing a commercial property successfully.

Tucker attributes her success in the company to the close-knit team. “I truly could not do what I do each day without my associates, Alex [Graham] and Abby [Turner], and the mentorship I have in Eric [Varner], Maggie [Hogan], Hank [Kelley] and Daryl [Peeples] as well as the support from my husband, Curt. Any property manager will tell you that not every day is sunshine and rainbows. There are some really hard days, but those are the days that I learn the most,” said Tucker.

Tucker is a member of BOMA GLR and is involved in her church, Immanuel Baptist Church. She and her husband have a feisty little red-headed toddler named Tessa.

Hot Springs Bypass Extension Project Ahead of Schedule

Kelley Commercial Partners has two development opportunities that should be positively impacted by the bypass.

The Hot Springs Bypass Extension project resulted after a study by the Arkansas Highway Commission determined that improving or expanding Highway 7 through downtown Hot Springs was not an option. Currently, scenic Highway 7 travels directly through Hot Springs National Park, which makes up 5,550 acres and has 8 historic bathhouses, hiking trails, campgrounds, a visitors’ center, and much more. This alternative bypass would reduce traffic congestion through the downtown area and cut travel time between Hot Springs Village and the city of Hot Springs by more than half.

Funded by Connecting Arkansas Program and a Garland County Bond Issue

This $75 million project is funded in part by the Connecting Arkansas Program and a Garland County bond issue which was approved by voters in 2016. The 5.82 miles path connects the intersection of Highways 5 and 7 on the north end, to exit 6 on Highway 70 East on the south end. Overpasses will be located at Covenant Trail Rd., Mill Creek Rd., Denise Ln., and Quarry Mountain Rd. The north end of the extension will tie into a two-lane roundabout large enough to accommodate a tractor trailer. The roundabout project, scheduled to be completed in late 2023, will also widen 4.17 miles of Park Ave.

Roundabout at Hwys 5 & 7

Roundabout at Hwys 5 & 7

Bypass Officially Designated a Scenic Highway

The bypass meanders through the beautiful Ouachita Mountains and has been officially designated a scenic highway in 2021 by Act 675 from the Arkansas Legislature. It will facilitate access to retail and services in the city of Hot Springs for residents of Hot Springs Village, Jessieville, Fountain Lake, and surrounding areas, all while leaving the tourists and pedestrians in the historic downtown with a better and safer experience with less traffic congestion. Currently, Highway 128 provides a quick route to retail centers and other services in Saline County. Officials believe that this bypass project might help keep that spending, and the  tax dollars and jobs that come with it, in Garland County. Originally scheduled for completion by August 2022, the project is currently ahead of schedule and could open for the summer season of 2022.

Development Opportunities in Hot Springs

Kelley Commercial Partners has a unique redevelopment opportunity available just northeast of the roundabout. A ±2.24 acres lot with two buildings is offered for sale. The property has 411 feet of frontage on Highway 5/Park Ave. and is ideally suited for a convenience store or similar development. An additional ±9.16 acres of level land with 340 feet frontage are for sale on Highway 7 in Hot Springs Village across from Walmart Supercentre. For more information about these listings, visit our properties page.

Predictions about commercial real estate in Little Rock circa 2050

In this month’s issue of the Arkansas Times, Hank Kelley shared his thoughts about what the commercial real estate industry will look like in 2050. 

Hank Kelley, CEO

Hank Kelley, CEO

Connectivity

There is demand now — and will be in the future — for unique living and workspaces in multiple-story buildings so your space can be close to other residents and professionals, and to other recreational and educational uses. The way we “go to work” now will change over the next 30 years, and the need to have the same level of hard-wall separate office areas within a building will change. More emphasis will be placed on a building’s connectivity for virtual connections than exists today. Even today, mobile professionals regularly chart their destinations based on the connection to credible Wi-Fi. In 30 years, the need for high-quality connections will be a constant and core requirement.

The exterior of buildings will hopefully be a source of energy generation through advances in solar panel technology, but not at the expense of views within the spaces. More filtering will improve indoor air quality. Rooftop decks and balconies with sunscreen canopies will be the norm as people continue to want to be outdoors but become even more concerned about sun exposure.

Mixed-Use

I believe we will continue to see an evolution of larger office buildings to include a mixture in their uses. The cost of converting their use, though, will have to be feasible before developers will invest in the remodeling needed for conversion. The conversion of office buildings to residential and or hospitality (hotel) requires extensive plumbing and mechanical alterations, and those changes will only happen when adequate demand for those uses justifies the conversion cost. In the short run, we will see workspaces within the buildings compressed to more flexible work environments and, in some cases, with even more open floor spaces for cubicle and tabletop workspaces. Landlords will become more flexible on tenant expansion and contraction needs to retain their tenants and use the surplus space they have to attract growing businesses.

The office buildings and existing residential condo buildings in Little Rock’s Central Business District represent the highest density of population per mile in our city and region, and companies will continue to be attracted by the excellent accessibility to both I-30 and I-40. People who live in midrise and high-rise buildings in the Central Business District enjoy walkable amenities now — the Central Arkansas Library, the Robinson Center, the Arkansas Museum of Fine Arts — and we believe the demand for walkable amenities will grow over time.

“’Hoteling’ of office space and rotation of in-office and out-of-office workdays will become more of a norm.”

As regards trends toward remote working, we don’t believe the majority of companies will choose a completely remote workforce because of the challenges in maintaining the culture needed to compete. “Hoteling” of office space and rotation of in-office and out-of-office workdays will become more of a norm. We continue to believe there is value in the separation of workspace and living space. The networking component of “going to work” is now and will continue to be a valuable need for workers and companies.

Energy Efficiency

We will see great advances in products and technology to conserve and generate energy, water and land at both the individual user level, but also at the utility provider level. We are hopeful those advances will reduce operating costs and help preserve our natural resources. The office building industry has been active in conservation efforts through the LEED certification process. Maintaining buildings to operate at peak efficiency will become a requirement to own and operate a building, and utility providers will charge non-compliant building owners penalties for excessive consumption.

We expect that fewer people will own their own cars, meaning we will see less of a need for parking spaces.

Finally, inflation will increase interest rates on the debt and the cost of services to maintain existing buildings. Some building owners are not prepared for their debt and operating expenses to increase, as they have been trying to maintain current rent levels with tenants. This means less income is available to pay debt and reinvest in building upgrades needed to maintain an efficient and attractive building. The squeeze of increasing costs will challenge some building owners and cause a change in ownership if those owners don’t have adequate reserves. Tenants will seek out buildings with owners who have the financial resources and desire to reinvest in their properties.

Hank Kelley is CEO and Executive Broker at Kelley Commercial Partners, and has been working in brokerage and property management in Little Rock for 36 years.