Category: Consulting

Commercial Real Estate Leases: The Basics

Leases: The Basics

 

Whether you are a property owner with leasable land or space or an individual looking for space to lease, it’s important to know the basics of the types of leases that are most common in the commercial real estate world.

Gross Lease

In a gross lease (also known as a full-service lease) the tenant pays a flat monthly rate while the landlord remains responsible for all operating costs of the property including taxes, insurance, and maintenance, as well as other expected costs, such as janitorial service. Because landlords must cover all of the property’s operating costs, the rental rate for gross leases is generally higher than for a net lease. In exchange for paying a higher rate, the tenant has the security of a fixed monthly rent payment, minimizing the possibility for variations in their operating costs, making budgeting more predictable and less complicated.

Net Leases

Net leases shift some or all the operating costs associated with a property to the tenants, and tenants are responsible for that cost in addition to their regular rent. There are three types of net leases: single, double, and triple. Tenants with a single net lease are responsible for one of the operating costs associated with the property, generally the property taxes. With a double net (net-net) lease, the tenant assumes the cost of two of the operating costs, generally the property taxes and insurance. With a triple net (NNN) lease, the tenant assumes all of the property’s operating costs, which include taxes, insurance, and all maintenance costs. Lastly, there is a variation of the triple net lease called absolute net lease (also known as a bondable lease). This type of lease relieves the property owner/investor from all financial obligations and risks associated with the property, including taxes, insurance, structural maintenance, and debt liability. All those obligations are passed on to the tenant normally in exchange for a lower base rent.

Benefits of Net Leases

From the landlord’s perspective, entering into a net lease can simplify the management and operation of the property, which can be especially beneficial if they own multiple properties. Furthermore, net lease rates are typically made for longer terms, which gives the landlord the benefit of long and stable income from the property.

Because net lease tenants assume more of the unpredictable costs associated with maintaining the property, their base rent is often at a reduced market rate. This can mean considerable savings in rent over the long term of the lease. While annual rent increases may be built into the lease agreement, they usually remain below the rate one would pay with a gross lease.

Ground Lease

Yet another variation of a net lease is a ground lease. An owner with undeveloped land may enter into a ground lease in which the lessee agrees to incur the cost of developing the property (i.e., construct a building or business on the land) and in exchange, pays only a NNN lease on the land. Ground lease terms are long, generally 50 to 99 years, but when the lease term ends, the ownership of the both the building and the land revert to the owner.

Negotiating a Lease

Before entering into a lease agreement as “lessor” or “lessee”, know your options so that you can benefit the most from the deal. Agents at Kelley Commercial Partners have the knowledge and experience to walk you through the process and negotiate with your best interests in mind.

Opportunity Zones: The Basics

What are opportunity zones?

Opportunity zones were created by congress as part of the Tax Cuts and Jobs Act of 2017 to spur economic growth in economically distressed communities. In April of 2018, Gov. Asa Hutchinson proposed 85 tracts around the state be designated as official Opportunity Zones in Arkansas. By December of that year, the US Department of the Treasury confirmed this proposal and all 85 tracts were designated as Qualified Opportunity Zones (QOZs). There are more than 8,700 designated zones nationwide that provide tax incentives for private investment in low-income communities. Opportunity Zone properties around the state vary greatly. They include urban/downtown, industrial, suburban, and rural areas—but each QOZ shares the same need of a spur in economic growth and job creation. Click here to view an interactive map of opportunity zones in Arkansas.

How do they work?

Investors who wish to take advantage of this program have 180 days to reinvest any prior eligible capital gains into a Qualified Opportunity Fund (QOF) and by doing so, they receive several tax incentives on those gains. The QOF is created to invest in an opportunity zone property with at least 90 percent of its assets dedicated to the QOZ. By reinvesting all or a portion of their gains into a QOF, the investor’s capital gains tax may be deferred until the sale of the QOZ investment or until December 31, 2026, whichever comes first. If the QOZ is held for five years, the investor will benefit from a 10% exclusion of the deferred gain; holding it for seven years will increase the exclusion to 15%. Investors who hold the QOZ for at least 10 years will eliminate paying a capital gains tax on appreciation of the QOZ property.

Who benefits?

Investors benefit from the preferential tax treatment while communities benefit from property improvements, job creation, and new businesses. Small businesses operating in the opportunity zone may also benefit with an equity investment from a QOF. There are requirements that must be met to qualify as an Opportunity Zone Business (QOZB), which are outlined in detail in the New Proposed Regulations.

The Opportunity Zones program is a unique and effective economic development tool and an important part of making our communities and neighborhoods stronger, safer, and more economically healthy. As Opportunity Zones grow and prosper, the communities around them reap the benefits, which in turn, benefits everyone.

Learn more:

IRS: Opportunity Zones

Arkansas Economic Opportunity Zones

The information provided here in is not to be construed or relied upon as legal or tax advice.

 

Seafood Recipes from New Orleans

Recipes from New Orleans

It’s summertime and that means trips to the shores and dining on the day’s catch while the sun sets! And what better place to source for recipes featuring fresh seafood than New Orleans. We’re sharing recipes for House Party Jambalaya and Lobster Risotto provided by our ChainLinks partner, Corporate Realty of New Orleans. If you have a favorite recipe you’d like to share with us, send it to marketing@kelleycp.com.

As the state’s exclusive member of the ChainLinks retail advisors network, Kelley Commercial Partners is positioned to build strategic relationships with commercial real estate companies nationwide — 750 brokers in the top 50 markets of North America, to be exact. ChainLinks’ is the leading brokerage network for retail-only commercial real estate services and our membership puts our market in front of leading landlords, developers, and property investors which leads to results for our clients. Through collaboration with ChainLinks members, we have handled site selection needs for some of the nation’s top retailers, including Five Below, TJX Companies, Bloomin’ Brands, and many others. To find out more about the Kelley Commercial Partners retail advantage, please contact us.

 

Hank Kelley: featured keynote speaker

Arkansas Business Executive Leadership Academy

Hank Kelley joins Scott Ford, Myron Jackson, Marta Loyd, and Darrin Williams as a keynote speaker at the Arkansas Business Executive Leadership Academy Spring 2021 Program. The five-session program is designed to encourage personal development and professional growth for the state’s emerging business and nonprofit leaders. Participants will benefit from personal and professional strength assessments, on-on-one coaching, and mentoring from some of the state’s top CEOs and nonprofit executives.

Kelley will be the featured speaker for the April 16 session. Having led the company through a recent ownership and name change, he will share his expertise on “Leading through Organizational Change.” In May 2020, Kelley finalized an amicable stock purchase from former partner John Flake and the firm was renamed Kelley Commercial Partners.

Applications for the Spring 2021 sessions must be completed by February 22. The first session will be held March 5 and the final session on April 30.

Advantages of consulting with a tenant broker

When you’re searching for office, retail, warehouse, or any other type of commercial real estate space to lease, finding the right property to match your needs can feel a bit overwhelming, which is why contacting a knowledgeable tenant broker is the best place to start. Tenant brokers understand current market trends and are equipped with the tools and knowledge to successfully guide you through the leasing process from start to finish. 

Kelley Commercial Partners’ tenant brokers have the expertise to make your search for space less daunting. They have the latest information about market conditions and space availability to help narrow your options so you can make a choice with confidence. Working with a tenant broker at Kelley Commercial Partners means you have an expert on your side who can not only save you time and energy but can also save you money.

Tenant broker processThe first step in our process is to schedule an appointment with you to discuss your specific needs. Matt Strom, a KCP agent in our Northwest office says this a crucial step because having a thorough understanding of a client’s needs helps to streamline the process of securing the right space for their business.

Once the ideal space is found, tenant brokers will help you negotiate with landlords to secure the space at the best possible price. And the best part of all? Tenant broker services are done at no cost to you! “Many clients don’t know that a tenant broker’s services are free to them,” said Strom. When a lease has been executed, tenant brokers’ fees are paid by the landlord. 

At Kelley Commercial Partners our brokers have a proven history of satisfied clients. Helping our clients find the right space to meet their unique needs and meet their commercial real estate goals is our top priority. Whether you are looking to lease, buy, sell, or develop commercial real estate, our team is available to guide you through the process.

If you would like us to assist you in your search for your ideal space, please contact us.