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Bay Harbor Islands was incorporated in 1947. The municipality was
formed in 1953. Bay Harbor Islands and nearby Attractions. Art and Culture Center.

It was founded by Shepard Broad on April 28, 1947. It consists of two islands: Broadview and Bay
Harbor. The west island (Broadview) contains exclusively single family homes and the east
island (Bay Harbor) contains a business district and multi-family housing.

According to the United States Census Bureau, the town has a total area of 0.6 square miles (1.6
km2). 0.4 square miles (1.0 km2) of it is land and 0.2 square miles (0.52 km2) of it (39.34%) is water.

Bay Harbor Islands, Florida

Bay Harbor Islands is a town in Miami-Dade County, Florida, United States. The population was
5,628 at the 2010 census. It is separated from the mainland by Biscayne Bay, with which it is
connected via the Broad Causeway.

On the mainland side, BHI is bordered by the city of North Miami, while to the east it borders the
villages of Bal Harbour and Surfside. To the south lies the exclusive village of Indian Creek.

BHI is about 20 minutes driving distance away from Miami International Airport, and is situated
between the larger cities of Aventura and Miami Beach.

=======
Bay Harbor Islands Florida Homes for Sale, Bay Harbor Islands Florida Real Estate. Search for
Houses, Condominiums, Multi Families and Townhouses for sale, or for rent..

=====
Find Bay Harbor Islands, FL new homes for sale on knowledgefinancial.com =  Search for Bay
Harbor Islands, FL new construction and view photos, floor plans and more.

Find Bay Harbor Islands homes for sale,
homes for rent, Bay Harbor Islands apartments
,

=======
Learn more about Bay Harbor Islands, FL real estate and its neighborhoods, schools and more at
knowledgefinancial.com

========
Bay Harbor Islands, FL Profile, Facts, Map & Data

The formal official name is the Town of Bay Harbor Islands, but most people and references
simply refer to it as Bay Harbor Islands, Florida.

The P1 Census Class Code for Bay Harbor Islands indicates a populated place that is also an
incorporated place with the same name and the same census code. The Incorporated Place has
a Functional Status Code "A" which identifies an active government providing primary
general-purpose functions.

======
Search Bay Harbor Islands, Florida Real Estate Listings & New Homes for Sale in Bay Harbor
Islands, FL. Find Bay Harbor Islands Houses, Townhouses, Condos ...
Surfside Florida

Surfside is a town in Miami-Dade County, Florida, United States. As of 2010, the population
recorded by the U.S. Census Bureau is 5,744. Contents 1 Geography

Surfside, Florida

According to the United States Census Bureau, the town has a total area of 2.5 km2 (1.0 sq mi).
1.3 km2 (0.5 sq mi) of it is land and 1.2 km2 (0.5 sq mi) of it (47.42%) is water.

As of 2000, Surfside had the twentieth highest percentage of Brazilian residents in the US, with
1.60% of the US populace (tied with five other places in the US, including Ojus,

FL.)[4] It had the twenty-third highest percentage of Colombian residents in the US, at 4.66% of
the town's population,[5] as well as the twenty-third highest percentage of Cuban residents in
the US, at 20.15% of the its population.

[6] It also had the thirty-fourth most Peruvians in the US, at 1.47%,[7] while it had the eleventh
highest percentage of Trinidadians and Tobagonians, at 1.30% of all residents (tied with North
Amityville, New York and Gordon Heights, New York.)[8] Surfside's Venezuelan community had
the eleventh highest percentage of residents, which was at 1.41% of all residents.[9]

====
Surfside is a town in Miami-Dade County, Florida, United States. As of 2010, the population
recorded by the U.S. Census Bureau is 5,744. According to the United States Census Bureau, the
town has a total area of 2.5 km². 1.3 km² of it is land and

==========
North Bay Village, Florida

Northh Bay Village is a city located in Miami-Dade County, Florida. As of the 2000 census, the city
had a total population of 6,733. As of 2010, the population

the city had a total population of 6,733. As of 2010, the population recorded by the U.S. Census
Bureau was 7,137.[4]

North Bay Village is located at

25°50′44″N 80°09′13″W.[5]

Inline image


About North Bay Village



According to the United States Census Bureau, the city has a total area of 0.837 square miles
(2.17 km2). 0.3322 square miles (0.860 km2) of it is land and 0.5048 square miles (1.307 km2) of it
is water. The total area is 60.31% water.

=====
Prior to 1940, most of what is now North Bay Village lay beneath the waters of Biscayne Bay. The
only dry land was Broadcast Key, a 5-acre (20,000 m2) island from which pioneer radio station
WIOD began broadcasting in 1926. Today, television station WSVN-TV maintains its headquarters
at this same site, now joined with Treasure Island.

In 1940, dredging and bulk-heading created North Bay Island. By 1941, palm-lined streets had
been laid out, and 12 homes had been built and occupied. Today, the island has grown into a
lush neighborhood of attractive single-family residences.

During the mid-1940s, dredging and filling created Harbor Island and Treasure Island. Harbor
Island is composed primarily of multi-family buildings. Treasure Island, whose street names were
drawn from Robert Louis Stevenson's novel Treasure Island, is a mixture of single-family
dwellings on the westerly end and multi-family dwellings on the eastern end.

North Bay Village was incorporated in 1945. Harbor and Treasure Islands were annexed several
years later. Broadcast Key, also known as Cameo Island, was annexed in 1963. During its early
years, North Bay Village was primarily a haven for winter residents.

The City became widely known for its popular restaurants and nightclubs, which attracted
celebrities like Frank Sinatra and Judy Garland. Dean Martin had a night-club in North Bay
Village in the late 1970s and early 1980s called Dino's.

======
Prior to 1940, most of what is now North Bay Village lay beneath the waters of Biscayne Bay. The
only dry land was Broadcast Key, a five-acre island from which pioneer radio station WIOD began
broadcasting in 1926. Today, television station WSVN-TV maintains its headquarters at this same
site, now joined with Treasure Island.

In 1940, dredging and bulk-heading created North Bay Island. By 1941, palm-lined streets had
been laid out, and 12 homes had been built and occupied. Today, the Island has grown into a
lush neighborhood of attractive single-family residences.

During the mid-1940s dredging and filling created Harbor Island and Treasure Island. Harbor
Island is composed primarily of multi-family buildings. Treasure Island whose street name was
drawn from Robert Louis Stevenson’s classic adventure novel Treasure Island, is a mixture of
single family dwellings and multifamily dwellings. Treasure Island’s streets also took their names
from the novel such as Cutlass, Buccaneer, Hispanola, and even Pirate’s Alley.

North Bay Village was incorporated in 1945. Harbor Island and Treasure Islands were annexed
several years later. Broadcast Key, also known as Cameo Island, was annexed in 1963. During its
early years, North Bay Village was primarily a haven for winter residents. The Village became
widely known for its popular restaurants and nightclubs, which attracted celebrities like Frank
Sinatra and Judy Garland.

Most of today’s residents live here year-round. North Bay Village continues to be home to
several of South Florida’s most popular restaurants, as well as a variety of business
enterprises, apartment buildings, condominiums and 376 single-family homes

==
Welcome to the North Bay Village real estate site. The location of North Bay Village can't be beat.
With the amazing South Florida location and located in the heart ...

Our interactive map of North Bay Village, FL lets you view traffic and satellite images, find local
govt and businesses, and print or send driving directions to your
========
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Miami Beach - Bal Harbour - Sunny Isles Beach - Real Estate Listings And Homes For Sale...
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Miami Shores, Florida - Biscayne Park - El Portal Beautiful Homes For Sale;  Real Estate
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North Bay Village, Florida - Treasure Island Real Estate & Homes, Conminiums For Sale &
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Aventura Florida - Williams Island - Sunny Isles Beach:  Real Estate Listings, Homes, And
Condos For Sale..
----''
Bay Harbor Islands, FL - Surfside - North Bay Village Real Estate Listings & Homes For Sale

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Real Estate For Sellers // = // '' Real Estate For Buyers /

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Real Estate Listings // = // '' Commercial Real Estate Investing/''' /
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631-7740
631-7740
786-6317740
S. FL - 786-631-7731
631-7740
COMMERCIAL REAL ESTATE BUYING AND SELLING
631
77
40
HOW CAN YOU FIND  HELP  WITH YOUR REAL ESTATE TRANSACTIONS?

1-We’ll help you navigate the maze of commercial and large
property financing to find hidden financial opportunities

2-We’ll help you determine the right market valuation of multi-
family, office, retail and strip-mall properties so that you know a
good or bad deal when you see it

3-We’ll help you write commercial leases so that tenants
actually take the management burden away from you

4-We’ll help you take full advantage of tax breaks and other
financial shelters, allowing you to maximize your profits

We’ll help understand the rules and regulations regarding
commercial and multi-family properties so that you can protect
your investments

5-We understand how commercial and multi-family properties fit
into the current real estate market place and how you can own
and operate either for high profits

6-We have a working knowledge of property management so
we can help you find way to manage your properties efficiently.

FOR MORE INFORMATION

SOUTH FLORIDA
CONTACT US AT:  ---- WE'RE LICENSED
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Real Estate Language -  Terms - Terminoly -
Real Estate Glossary.

All the Real Estate Lingo You Need to Know..

The process of buying your first home can be intimidating enough, until you realize
there’s an entire language of terms you need to learn to fully understand the process
and then things become even more daunting.

From the different types of mortgages to the process of putting in an offer and then
closing on a property, real estate brokers will toss around terms and phrases that
may go right over your head. Fear not.

We polled some experts and compiled a list of must-know lingo to help you navigate
this intense but exciting process. Read on for an education.

BELOW THE PAGE....
Commercial Real Estate Terminology..
ADA - Americans With Disabilities Act passed by
Congress in 1994 with intent to provide persons
with disabilities accommodations and access equal
to or similar to that of the general public.

Commercial Real Estate Terms and Definitions

Commercial real estate has a unique vocabulary
and acronyms.

Make sure you understand these before you start
the process.
Dk: Deck.

Expansion pot’l: Expansion potential mean that there’s extra space on the lot or the possibility
of adding a room or even an upper level—subject to local zoning restrictions.

EIK: Eat-in kitchen.

Fab pentrm: Fabulous pentroom, a room on top of the house—but under the roof—that has
great views.

FDR: Formal dining room.

Fixture: Anything of value that is permanently attached to or a part of real property. Fixtures
include wall-to-wall carpeting, light fixtures, window coverings and landscaping. Fixtures are a
frequent subject of buyer and seller disputes.

FSBO: For sale by owner.

Frplc, fplc, FP: Fireplace.

Gar: Garage.

Gard: Garden.

Grmet kit: Gourmet kitchen.

HDW, HWF, Hdwd: Hardwood floors.

Hi ceils: High ceilings.

In-law pot’l: Potential for a separate apartment, subject to local zoning restrictions.

Large E-2 plan: This is one of several floor plans available in a specific building.

Listing: An agreement between a real estate broker and a home owner that allows the broker to
market and arrange for the sale of the owner’s home. The word “listing” is also used to refer to
the for-sale home itself. A home being sold by the owner (FSBO) without a real estate agent isn’
t a “listing.”

Lo dues: Low homeowners association dues.

Lock box: Locked key-holding device affixed to a for-sale home so real estate professionals can
gain entry into the home after obtaining permission from the listing agent.

LR: Living room.

Lsd pkg: Leased parking area.

MLS: Multiple Listing Service. An MLS is an organization that collects, compiles and distributes
information about homes listed for sale by its members, who are real estate brokers.
Membership isn’t open to the general public, although selected MLS data may be sold to real
estate listings web sites. MLSs are local or regional. There is no MLS covering the whole
country.

Pot’l: Potential.

Nr bst schls: Near the best schools.

Pvt: Private.

Pwdr rm: Half bathroom or powder room.

REALTOR®: A real estate broker or sales associate who is a member of the National Association
of REALTORS®. Not all real estate agents are REALTORS®.

Title insurance: An insurance policy that protects a lender’s or owner’s interest in real property
from assorted types of unexpected or fraudulent claims of ownership. It’s customary for the
buyer to pay for the lender’s title insurance policy.

Upr: Upper floor.

Vw, vu, vws, vus: View(s).

W/D: Washer and dryer.
Commercial Real Estate Terms and Definitions

Abatement

Sometimes referred to as free rent or early occupancy and may occur outside or in addition to the primary
term of the lease.

Absorption

The rate, at which available space in the marketplace is leased during a predetermined period of time.

Absorption Rate

The net change in space available for lease between two dates, typically expressed as a percentage of the
total square footage.

ADA

Americans With Disabilities Act passed by Congress in 1994 with intent to provide persons with disabilities
accommodations and access equal to or similar to that of the general public

Add-On Factor

Is the tenant’s pro-rata share of the Building Common Areas, such as lobbies, public corridors and
restrooms. It is usually expressed as a percentage which can then be applied to the usable square footage
to determine the rentable square footage upon which the tenant will pay rent.

Additional Rent

Any amounts due under a lease that are in addition to base rent.

Agency

Any relationship in which one party (agent) acts for or represents another (principal) under the authority of
the latter. Agency involving real property should be in writing, such as listings, trusts, powers of attorney,
etc.

Allowance

A set dollar amount provided by the Landlord under a lease to be used by the Tenant for a specific purpose.
Examples include allowances for tenant improvements; moving expenses design fees, etc.

Amortization

Payment of debt in regular, periodic installments of principal and interest, as opposed to interest only
payments. May also be used in a lease where the landlord incurs costs for additional tenant improvements
which are effectively treated as a debt and repaid by tenant over the term of the lease.

Anchor Tenant

The major or prime tenant in a shopping center, building, etc.

As-Is

The existing condition of real estate, prior to any improvements contemplated under a lease.

Assignment

A transfer to another of any property, real or personal, or any rights or estates in said property. Common
assignments are of leases, mortgages, deeds of trust, but the general term encompasses all transfers of
title.

Availability Rate

The ratio of available space to total rentable space, calculated by dividing the total available square feet by
the total rentable square feet.

Available Space

The total amount of space that is currently available for lease in a given time frame.

Base Rent

A specific amount used either as a minimum rent in a lease (retail) which uses a percentage of sales or
overage for additional rent or sets a base onto which is added expenses and taxes in a net lease or
increases in those items in a fully serviced lease.

Base Year

The 12 month period upon which a direct expense escalation of rent is based. Typically the calendar year
the lease commences.

BOMA

Building Owners and Managers Association. BOMA publishes the definition of rentable and useable area,
which is used to determine the square footage leased in most commercial office buildings.

Building Classifications

Refers to Class “A”, “B”, “C”. “A” being the best and most sought after building type.

Build-to-suite

A particular property, developed specifically for a certain tenant to occupy.

Buyer

The entity that has purchased a commercial real estate asset.

CAM Charges

Common Area Maintenance charges. Those charges levied on or the expenses incurred in maintaining the
common areas of a building.

Commencement Date

The date on which a lease begins. This is typically but not always the day on which the tenant takes
possession of the leased space, which usually occurs upon substantial completion of the tenant
improvements.

Common Area

Common area is the area used in common by the tenants of an office building. Common area includes
building and elevator lobbies, restrooms and the corridor leading from an elevator lobby to a tenant space.

Effective Rent

The average per square foot rent paid by the tenant over the term of a lease

Effective Useable Area

Excludes those areas within the Useable Space that the tenant pays rent on but effectively cannot use such
as columns and sharply angled spaces.

Escalation

A clause in a lease providing for an increased rental at a future time.

Exclusive Listing

Any property where the owner has signed an agreement with a real estate broker to lease and/or sell their
property. That broker has an “exclusive listing” on the owner’s property.

Expansion Option

A right granted by the landlord to the tenant whereby the tenant has the option(s) to add more space to its
premises pursuant to the terms of the option(s).

Fair Market Rent

The rent which would be normally agreed upon by a willing landlord and tenant for a specific property at a
given time.

Free Rent

A concession granted by a landlord to a tenant whereby the tenant is excused from paying rent for a stated
period during the lease term.

Fully Serviced Lease

A lease in which the stated rent includes the operating expenses and taxes for the building.

Gross Lease

A lease in which the stated rent includes the operating expenses of the building.

HVAC

Heating, Ventilation, Air Conditioning. General terms encompassing any system designed to heat and cool a
building in its entirety, as opposed to a space heater.

Lease Term

The specific period of time in which the Landlord grants to the tenant the right to possession of real estate.

Lessee (Tenant)

The party to whom a lease (the right to possession) is given in return for a consideration (rent).

Lessor (Landlord)

The party (usually the owner) who gives the lease (right to possession) in return for a consideration (rent).

Letter of Intent

There are potentially multiple uses of this term. Generally a written statement that two parties to a
prospective transaction (buyer/seller or lessor/lessee) intend to proceed to a final agreement in good faith
on stated principal business terms of the deal to be entered into.

Listing Agent

The real estate agent hired by the property owner to lease a property on their behalf. The agent obtains a
listing agreement, which calls for that agent to act on the owner’s behalf as a fiduciary in leasing the
property.

Load Factor

In a lease, the load factor is the multiplier to a tenant’s useable space that accounts for the tenant’s
proportionate share of the common area (restrooms, elevator lobby, mechanical rooms, etc.). The load
factor is usually expressed as a percentage and ranges from a low of 5% for a full tenant to as high as 15%
for a multi-tenant floor. Subtracting (1) from the quotient of the rentable area divided by the useable area
yields the Load Factor. >/p>

Occupancy Cost

Any cost or charge incurred by a tenant pursuant to its lease, such as rent, operating expense increases,
parking charges, moving expenses, remodeling costs, etc.

Occupancy Date

Unless specifically stated otherwise in the lease, it is the date on which the tenant takes possession of its
leased premises.

Operating Expenses

The cost of operating an office building, such as janitorial, management, utilities, and similar day to day
expenses, as well as taxes, insurance, and a reserve for replacement of items which periodically wear out.

Premises

Typically the entire rentable area leased by lessee. Sometimes used to designate solely the useable area
leased by lessee, i.e. that for which the lessee has exclusive occupancy as opposed to the common areas.

Present Value

The present value is the amount that must be invested now to produce the known future value. For any sum
invested at a given interest rate, the amount one would receive at the end of the period can be determined
by taking the investment time’s one (1) plus the interest rate of the period to the power of the period. For
example, if $10 is invested in an interest rate of 10% for one year, the investment would grow to $11 at the
end of the year. It follows, then, that $11 one year from now is worth $10 today; that is $10 is the present
value of $11.

Renewal Option

The right of a tenant to renew a lease for a stated period of time at a rent to be determined (“fair market
rent”).

Rent

Consideration paid for the occupancy and use of real property.

Rentable Area

The (square footage) for which rent can be charged. Rentable area can be measured in many ways, but the
most common measurement for office buildings is according to BOMA standards.

Rental Rate

The amount of Rent paid for the occupancy and use of real property. Stated on a per square foot per month
or per year basis.

Request For Proposal (RFP)

A document typically issued by a tenant’s agent to an owner(s) of real property, inviting the owner(s) to
submit a proposal to the tenant for the leasing of a vacant space. The RFP sets forth the specific areas of
concern to the tenant, such as the space in question, the lease term, expansion and renewal options, rental
rate, and tenant improvements and other allowances to be provided by the owner.

Right of First Offer or First Opportunity

A right, usually given by an owner to a tenant, which gives the tenant a first chance to buy the property or
lease a portion of the property if the owner decides to sell or lease.

Right of First Refusal

A right, usually given by an owner to a tenant, which gives the tenant a first chance to buy the property or
lease a portion of the property if the owner decides to sell or lease. The owner must have a legitimate offer
which the tenant can match or refuse. If the tenant refuses, the property can then be sold or leased to the
offeror.

Right of Offset

A specific clause in a lease where the tenant has the right to deduct from the rent certain costs which are
due to the tenant from the landlord.

Space Planning

Is the planning of the layout of the interior space of a building to meet the needs of the user. Can also
include detailed interior design and preparation of construction drawings.

Sublease

A lease, under which the lessor is the lessee of a prior lease of the same property. The sublease may be
different in terms from the original lease, but cannot contain a greater property interest.

Subordination

To make subject or junior to.

Substantial Completion

Generally used in reference to the construction of tenant improvements (TIs). The tenant’s premise is
typically deemed to be substantially completed when all of the TIs for the premises have been completed in
accordance with plans and specifications previously approved by the tenant.

Tenant Improvements (TI’s)

Improvements to land or buildings to meet the needs of tenants. May be new improvements or remodeling,
and be paid for by the landlord, tenant or part by each.

Tenant Representative

An agent who is an advocate for the tenant. The relationship is most often the product of a signed
representation agreement.

Triple Net

A lease requiring the tenant to pay in addition to a fixed rental, the expenses of the property leases, such
as taxes, insurance, maintenance, utilities, cleaning etc

Turnkey

Referring to an owner making a property ready for a tenant to begin business by having the tenant furnish
only furniture, phone and inventory.

Useable Area

The secured area (square footage) occupied exclusively by tenant within a tenant’s leased space

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Commercial Real Estate Tools And Resources

Due Diligence for Commercial Real Estate

Due Diligence for Commercial Real Estate


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[Author, Ray Alcorn has written a 3-part series on Commercial Real Estate Due Diligence. Read: Part 1:
Financial Due Diligence]

Commercial real estate properties are a completely different animal from residential properties in regards
to assessing value. That may seem like stating the obvious, but it is easy to overlook the many details that
come into play.

For commercial real estate, value is determined in an inverse proportion to the degree of risk inherent to
the continuance and stability of the income stream from the property. And of all the commercial property
types, perhaps none is more complex in evaluation than a multi-tenant property, either office or retail.

The function of due diligence is to verify, verify, verify.

The exception to that general statement is a true triple-net property. Much of the terminology used for
years by commercial real estate professionals has been abused to the point of making what should be easily
understood a mish-mash of doublespeak.

Since understanding exactly what kind of property is being considered is of utmost importance in selecting
the course of action, it is worth a short digression to clarify this particular term "triple-net."

A note on triple-net properties

Rarely will you find a true triple-net, multi-tenant property. A true triple-net leased property means the
tenant is responsible for all expenses of operating the property, including property taxes; property
casualty, and liability insurance; all maintenance including: structural components, mechanical systems,
plumbing and drainage systems, glass, and the roof.

Ownership of the property is vested fee simple, inclusive of the entire "bundle of rights" inherent to real
estate. In short, the only responsibility of the owner is to designate where the rent check goes. In the case
of a multi-tenant property, about the only way to make that happen is to have a master lease for the whole
building, and the master lessee then sublets to the individual tenants.

Obviously, an owner focused on maximizing returns and enhancing value is not going to be very keen on
the idea of leaving the fate of a property representing a sizeable investment in the hands of a tenant for
sub-lease, except in the most unique of situations. Hence, a multi-tenant deal represented as a triple-net
investment bears a hard, hard look.

Chances are the property is the subject of a poor definition rather than a triple-net lease. While due
diligence for a true triple-net property is somewhat simpler due to the reduced exposure for risk and
expense, I'll focus on the more commonly found properties that are either owner managed or managed by a
third party under close contract with an owner.

Due diligence starts in negotiations

Due diligence actually starts in the contract negotiation. Unless the seller understands what you are going
to be asking for before the deal is signed, there is going to be automatic trouble in getting to the closing
table. I can almost promise you that when the average seller sees my list of required due diligence items,
he is going to be overwhelmed.

In fact, I had one seller get so mad that he walked out on the deal right there. Now granted that was an
exception, and that fellow did eventually come back to the table. The point is that many of the items I'm
absolutely going to insist on examining are of a personal nature, and no seller is going to be comfortable
with just turning me loose with his box of documents.

Sometimes I think just having the list is as intimidating as the information that is revealed, and a seller's
reaction can be very revealing as to his general character. Including the list of required due diligence items
is a must in the purchase agreement, and you can expect that there will be some negotiation as to what will
and won't make it to the final draft.

When negotiating the contract, be sure to provide ample time (at least 30 days AFTER delivery of all
documents) to complete due diligence. Our agreements state that we must give written notice that all due
diligence is complete and satisfactory IN OUR SOLE DISCRETION, or we have no further obligation and are
entitled to the return of the earnest money deposit.

We generally will not proceed with due diligence until after the contract is executed by all parties. We also
keep any time triggers tied to the delivery date of the LAST document, with provisions for the extension of
time based on the appearance of any non-disclosed material defects.

By requiring our written acceptance of the due diligence items, we retain control of the deal. We also have
a small bit of leverage on the seller as the drop-dead date nears. If I'm really questioning the parameters of
the deal, I will often wait until the last hour of the last day before accepting the due diligence, and then only
after gaining some concession.

Be careful though, I have also had this blow up in my face when a seller decides they have had enough of
my games. There is a fair amount of psychological guesswork, as well as having a feel for personalities
involved in deciding just how hard to push a seller.

Leave no stone unturned

As far as how to proceed with due diligence, I have some advice I have paid dearly for over the years.
Beyond the physical condition of the building, there are multitudes of intangibles that have to be taken into
account when evaluating a commercial property for acquisition. Literally EVERY document concerning the
building and its operation MUST be examined.

This includes leases with any and all extensions and modifications, notes and mortgages, whether you are
assuming them or not, title policy, certificate of occupancy, insurance policies, ADA compliance, elevator
maintenance contracts, tax tickets and history, licenses (in some jurisdictions), parking lot contracts, etc.

Using the list generated in the Purchase Agreement, I go over each item and assign the task for it to some
member of the acquisition team, whether it's the lawyer, surveyor, building inspector, environmental firm or
whomever. I make sure they are each contacted, given the timetable for the deal and then follow-up on a
very regular basis.

Except for financing, more deals are blown in this stage than any other. It only takes one missing document
to completely stall a closing. Each day a closing is stalled, the chances increase for some other element of a
deal to come unraveled. Do not skimp on these details. If you're not going to do them yourself, then make a
nuisance of yourself making sure your delegate gets the job done.

Study those leases!

Of the due diligence documents listed for office/retail properties, the most important are the leases,
insurance policy, and title policy. The leases are supremely important. I have seen some of the strangest
stuff couched in obscure language: First options on purchase, the right to take over adjacent space, tenant
ownership of plumbing fixtures (really!), agreements for new carpet every year. You name it, it could be in
there.

Very few properties of any considerable age have just one boilerplate lease... over time every owner gets
in the position of having to sign a tenant at any cost, and the language of the lease will reflect concessions
that one tenant holds out for.

On the flip side, I have found forgotten sources of income, such as a tenant that agreed to pay for the first
$250 of HVAC repairs that might go back to the original owner, but was overlooked by subsequent managers.

Read every word of every lease. Make notes of things you don't understand or need to clarify. Then have
someone else read every word of every lease, and take notes. Then compare notes. Then go after the
answers. This is so important to me that I don't dare delegate it to anybody.

I have to understand every element of every lease, or I am buying a stream of income "in the blind." I want
to be able to ask such obscure, penetrating questions of the owner about each one of his tenants that he
tells me stuff he didn't mean to tell me, but figures he better because I'm hot on the trail to find out.

There is also the possibility that my questions will bring back a memory of a tenant fact or a quirk in some
system that I wouldn't otherwise have known. So I ask the questions, and ask, and ask, and ask. This is the
only chance I will have to elicit information from the owner with him having an attitude of wanting me to be
satisfied.

After we close, he may or may not return a call when I have a problem, but before he gets my money, he's
going to be pretty interested in getting me the information I'm asking for, or a damn good reason why I can't
get it. When I sit down with the owner (or manager) to go over the leases, I also ask for the payment history
on each tenant.

If there is a problem tenant, I want to know about it up front. If the problem is chronic, I will discount the
cash flow accordingly, which translates to a lower price when value is determined by the NOI.

Similarly, if the owner or manager says they don't have detailed payment records or bank statements
verifying deposits, I have an opportunity to explain why the property just became more risky for me, and
how that risk translates into a lower price. Often, the records somehow become available.

A goldmine of information

The insurance policy can be a gold mine of information, especially in the case of a building with some age.
Insurance inspectors have seen every trick in the book, and if you can get a copy of the last risk
assessment you can be miles ahead of the game. The insured (generally the owner) has to request this, but
insist on getting a copy.

Also get a claims history for the property. In many cases you will have to rely on the owner's memory if he
has switched insurance companies frequently. That fact alone isn't a red flag. Many owners shop insurance
regularly because the industry is so competitive and volatile. Some people don't.

But at the very least, require an affidavit from the owner that says he attests to the truth of the claims
represented as being complete to the extent of his knowledge. Courts are littered with suits against
"successors in interest" as a way to get an insurance company to settle for the cost of litigation, and very
few seller will stand still today for a clause in the contract that states warranties survive closing.

An existing title policy will give you the obvious information regarding easements, rights of way, etc. Be on
the lookout for any special exceptions to title. Get a General Warranty deed if you can get it. A savvy seller
will offer a Special Warranty deed which will only guarantee title for the period s/he owned the property.

In my home state of Virginia, we go after a General Warranty deed with English Covenants of Title. That goes
back to the original land grants from the King of England, and is not often used outside the original 13
states. Other useful information found in title policy can be as seemingly innocuous as who the attorney
happened to be that prepared it. It pays to know when a relative is involved!

Physical due diligence items can be handled in a number of ways, and the methods will vary depending on
the organization and resources of the buyer, the nature of the property, and the type of financing used. I
will not go into inspection as there are experts in the field that would be routinely engaged to satisfy the
various engineering and environmental requirements in today's world.

There is no substitute for thorough due diligence, but it can be a two edged sword. I've never seen a
property without some hidden defects, though I have often not found them until after we own it.

Some investors are so professional in their due diligence that they routinely make full asking price offers,
knowing that they are going to beat the seller down with the due diligence info. There are even
professional due diligence firms that are paid partly by a percentage of the savings realized by the buyer.

I've been on both sides of this equation, and my experience is that as a seller I can protect myself by
knowing what a buyer needs to know before he knows it, and disclosing it up front. That essentially takes
the bullets out of the gun. As a buyer, I consider it unethical, as well as a waste of time, to sign a contract
with any terms other than what I intend and agree to perform if the property is in fact in the condition
represented by the seller.

Quality of the tenants

Commercial properties are particularly vulnerable to sudden economic downturns. A building with a 100%
occupancy rate can become 50% overnight with the bankruptcy of a large tenant because that tenant's
business may be dependent on market factors in China, or Russia, or Serbia.

To assess the risk of the likelihood of the continuance of the income stream from a commercial property,
you have to gauge the underlying quality of both the tenant base as well as the physical asset, and that's
what due diligence is all about.

Examination of rent rolls, payment histories, and credit files of existing tenants can be very enlightening in
quantifying the risk quotient of a particular tenant. But much information can be collected just in the normal
course of conversation regarding a tenant's business. Ask open-ended questions, and seek out any
resource available to aid in your decision making.

You'll rarely have all the answers...

The end result of a thorough due diligence process is that when the time comes to present your deal to
either partners, investors, lenders, or another buyer, you will have the level of information and knowledge
surrounding the property that very clearly states that you are a professional at what you do.

No one expects anyone to have all the answers. In fact, for many years I was continually frustrated by the
repeated experience of going over and over my research into some property, and feel I was completely
ready to present it to my father, who founded our development and investment company.

He would listen to my presentation, and invariably somewhere in my monologue he would ask at least one
question I did not know the answer to. That used to infuriate me--not make me mad at my father, but with
myself for not having anticipated the need for the information.

The experience stayed with me. I have learned that even now, with over twenty years of experience in this
business, I rarely, if ever, ask every question that needs asking. I also rarely have all of the answers. So I
keep people around me that can look at deals with fresh eyes long after mine are bleary and red, and
together we manage to find answers to almost all of the right questions.

And the ones I miss? Well, they get put on the updated due diligence checklist!

Preliminary due diligence checklist:

Financial records: Annual profit and loss statements (P&Ls) past 3 years minimum (5 years preferred)

At least one year monthly P&Ls (preferably two years)

Balance sheet (3 years)

Rent Roll including term, deposit, and payment history

Tax returns- 3 years

Insurance: Insurance Policy; including all riders, risk assessments, and disclosure affidavit for carrier

All Existing Loan Documents: including notes, deeds of trust, closing statements, title policy, rate riders,
etc., and contact names and numbers.

Deed

All Leases: entire copies plus any addendum or riders.

Any service or advertising contracts: (Trash, extermination, maintenance, management, commission
agreements, union agreements, vending, billboard, pay telephone, etc. and any instrument or contract to be
assumed by Purchaser)

Copies of all recent appraisals, engineering reports, environmental reports

Survey (as-built), legal description, architectural and engineering plans and specifications

Payroll register: List of employees including name, position, wage rate, and entitled benefits

Business license

Physical inventory of furniture, fixtures, and equipment, and supplies.

Utility bills: Water, Sewer, Gas, Electric (at least two years of monthly statements) (or recap report from
provider showing usage and cost)

Bank statements showing deposits for last twelve months (optional)

Phone system documents (y2k compliance letters)

Computer systems (y2k compliance letters)

Fire System inspection reports and y2k compliance

Property Tax tickets for the past three years (real estate and personal)

Litigation History: details of any past or pending litigation (if none, then affidavit from owner)
Comprehensive due diligence: pre-closing

Engineering Inspection and Survey

Environmental Inspection and Survey: Key Issues: Asbestos, Lead Paint, underground tanks, wetlands

Environmental Phase One: An Environmental Phase One (1) Assessment is an inquiry conducted to
determine the environmental status of a property or facility in connection with a real estate property
transaction. It follows standards which includes those published by ASTM.

Environmental Phase Two: Assessments/Subsurface Investigations: These projects include but are not
limited to subsurface drilling and sampling, monitoring well installation and sampling, ground penetrating
radar, and asbestos and lead sampling.

LUST survey- leaking underground storage tanks

Financial Audit

Title Search and policy

Property tax verification

Tenant Estoppel Letters

Mortgagee Estoppel letters

Legal Verifications: licenses, permits, zoning
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