October 27, 2009
Mark Rauch's Tenant Rep Times                                                  
Southern California Tenant Representation     
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In This Issue  
 
THE LEASING PROCESS
 
ANNOUNCEMENT   
 
THIS WEEKS RESOURCE 
 
TENANT REP NEWS 
 
FREQUENTLY ASKED QUESTIONS
 
ARCHIVED NEWSLETTERS

Announcement
Let's schedule a time soon to have lunch and discuss your particular office space issues.
 
This Weeks Resource
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Tenant Rep News
FDIC Seizes, Sells Cal National, Eight Others LOS ANGELES-GlobeST.com-Nov 2 2009 
The FDIC on Friday seized and sold Los Angeles-based California National Bank and eight other banks operated by Illinois-based FBOP Corp. in California, Illinois, Texas and Arizona. Cal National, with 68 branches, is one of three California banks among the nine that were seized by the FDIC and is the largest of the nine. All nine were owned by privately held FBOP Corp. and have been acquired by publicly held Minneapolis-based US Bancorp's US Bank. The three California banks all have significant commercial real estate lending operations, according to their web sites. Cal National is a leading multifamily and commercial real estate lender in Southern California, according to the bank's web site, which says that it lends for all types of multifamily, commercial and construction needs. The other two California banks among the nine were San Diego National Bank with 28 branches and Pacific National Bank in Northern California with 17 branches. San Diego National Bank provides construction loans on most types of commercial properties, mini-perm loans for longer-term financing and loans for acquisition and development, according to the bank's web site. Pacific National offers acquisition, new construction and repositioning loans from $7 million to $150 million, according to its web site. It lists office, retail, industrial, multifamily and hotel loans among its offerings.
The FDIC estimates that the cost of the nine banks to the Deposit Insurance Fund will be a combined $2.5 billion. US Bank's acquisition of all the deposits was the "least costly" resolution for the FDIC, compared to alternatives, according to a statement from the FDIC. The failure of the nine banks brings the nation's total number this year to 115. The FDIC's seizure of the nine banks owned by FBOP Corp. followed a failed effort by FBOP Corp. to raise new capital to avoid the takeover. According to an agreement between the Federal Reserve Board and FBOP Corp. that was signed on Aug. 28, FBOP had 30 days to submit a plan to maintain sufficient capital and 30 days to submit "an acceptable written plan to reduce FBOP's concentrations of commercial real estate loans." The agreement was signed by FBOP chairman/CEO Michael E. Kelly and by Douglas J. Kasl, vice president of the Federal Reserve Bank of Chicago. US Bank's acquisition of the three California banks marks the second major expansion in the state for the Minneapolis-based bank holding company, which also acquired failed Downey Savings Bank last year. The other six FBOP banks acquired by US Bank were Park National Bank in Chicago with 31 branches; BankUSA in Phoenix with two branches; Community Bank of Lemont in Lemont, IL with one branch; and three Texas banks with one branch each: North Houston Bank in Houston, Citizens National Bank in Teague and Madisonville State Bank in Madisonville. US Bank said in a press release that it will receive approximately $18.4 billion of assets and assume approximately $18.3 billion of liabilities in its deal with the FDIC, including $15.4 billion of both insured and uninsured deposits. According to the FDIC, the federal agency and US Bank entered into a loss-sharing agreement on approximately $14.4 billion of the $18.3 billion in assets that US Bank is acquiring.

Frequently Asked Questions
Question: Mark, how do I hire a broker?Answer:  The best way to get a broker to work for you is to hire them as your exclusive tenant representative. Most brokers have representation letters for you to sign and once they know that you are committed to them, they will work hard for you.   
 
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MARK DAVID RAUCH
Greetings!
Welcome to the "Tenant Rep Times".  You are receiving this edition of my eNewsletter because you  rent or own commercial office space and are either my client or a potential client.  I trust you will enjoy this issue and get a "gem" or two out of it.   
 
Your email address will only be used to communicate with you and will NEVER be sold, shared, rented or otherwise provided to other entities.
 
Thank you for taking the time to spend a few minutes with me.

Sincerely, 
 
Mark D. Rauch                               
Senior Vice President
Travers Realty Corporation
Direct: 213-430-2469
Mobile: 818-943-2959
License # 01019455
 
The Leasing Process.
Presented By Mark D. Rauch
 
It is mind boggling how often tenants find themselves looking for guidance because an unpleasant surprise has cropped up during the course of a lease.  In most every case, such surprises are the result of having signed a poorly understood or poorly constructed lease agreement.  This is especially true of smaller, less sophisticated tenants who, for whatever reason, have chosen to sign the landlord's "Standard Form Lease" with few, if any, changes.   Essentially, a lease is much like a partnership agreement in that it sets out the parameters of a business relationship.  When everything goes as planned, most any lease will serve the parties well but the true test occurs when there are hiccups in the relationship.  Tenants often loose sight of the fact that the "Standard Form Lease" represents the landlord's wish list and if not appropriately modified, may not serve their interests when issues arise.  The potential for adversity can result from many things but the focus of lease negotiations is typically limited to the issues of base rent and concessions.  A host of other important concerns remain that are often overlooked, misunderstood or under-negotiated.  Understanding the lease process, from beginning to end...it's not rocket science, just good business practices
  • Understanding key commercial real estate terms
  • Analyzing a tenant's needs and determining their square footage requirement
  • Assessing the tenant's lease vs. purchase decision (cost of occupancy analysis)
  • Providing a method of property comparison analysis based on a market survey
  • Developing the critical Request For Proposal (RFP)
  • Negotiations, including lease clause analysis and other issues of significance
Since the process itself begins with an evaluation of the tenant's needs, continuing to look at the process from the tenant's perspective has proven to provide a continuity that is otherwise difficult to achieve.  One of the core concepts of a successful negotiation requires that each party have knowledge and empathy with regard to the significant issues faced by the other.  The following outlines the key components of a tenant's successful campaign to relocate their business operations:
  • Determine Space Requirements / Analyze Needs a. Location
    b. Amenity and Service Requirements
    c. Space Components / Staffing Projections
  • Survey Market
  • Selection of Qualified Properties.  Location, Amenities and Service, History of Current Landlord
  • Technical Property Review / Physical Tour
  • Prepare the Letter of Intent (LOI)
  •  Distribute the LOI to Qualified Candidate Buildings
  • Review Proposals (landlord responses)
  • Evaluate Offers and prepare the Comparative Lease Analysis;
  • Background Report on Owner Performance
  • Technical and Locational Data is Reviewed
Negotiations
  • Develop the Negotiation Checklist
  • Solicit Input from Legal Counsel
  • Implementation of Tenant Resources
  • Mutual Execution of Lease Document
  • Planning / Permitting / Construction (if applicable
Identify Project Team
In its simplest form, the Project Team will consist of the tenant, often represented by the owner, office manager or other trusted employee, and a commercial real estate broker, prefe.  The more complex the requirement, the greater the number of participants but in any case, it is most important that daily lines of communication be established.  This communication will help coordinate the team's efforts and allow the team to present a solid front to prospective building owners and agents. In smaller companies, the principal often tries to do it all.  If you fit this profile, remember that there are so many issues attached to moving a business operation from one location to another, a single individual can quickly become overwhelmed.  Whenever possible, others should be designated to help work through the day-to-day details, leaving the principal free to concentrate on guiding the process and making final decisions. Needs Analysis At an early stage, it is critical that the Project Team fully analyze the client company's needs.  Any manager, employee or consultant of the tenant, as is determined to be appropriate by the Project Team, should be encouraged to participate.  Areas that should be covered initially include:
  • Lease renewal vs. relocation vs. purchase option
  • Corporate objectives
  • Importance of building attributes such as location, image, services & amenities
  • Lease terms and cost
  • Legal parameters
With larger requirements, it is often beneficial for an architectural space planner be included on the Project Team.  The architect can meet with designated personnel to help identify the desired physical attributes of the facility.  In any case, items of this nature that need to be addressed include:
  • Efficiency and desirability of current space
  • Size of offices, open areas and warehousing areas
  • Size of common use areas (conference, copy, break and storage rooms)
  • Computer room requirements
  • Finish standards
It is important for a tenant to have the ability to pre-determine their square footage requirement before initiating a market survey.  Performing this evaluation in a step-by-step format can help the tenant think through exactly what space components are or are not required, and then match these components to their staffing projections.  This information not only helps build consensus within the tenant's organization but also proves invaluable when communicating tenant needs to the space planner.  Whether through use of the Office Needs Analysis software or by other means, the tenant's stated needs should be converted into a "usable" square footage requirement.  This is important given the fact that, unlike the "rentable" square footage which varies given the efficiency of each building's common areas (i.e. lobbies, restrooms, corridors, etc.), the "usable" square footage is a constant that allows an apples-to-apples comparison of the economic terms being proposed by each of the competing buildings.  Taking the simple step of fully analyzing the tenant's needs will help prevent false starts and better insure that the functionality of the leased space will meet the tenant's needs, both now and over the entire term of the lease.  This is a VERY important step in making the process work for you!
 

Property comparison analysis 

Based on the results of a market survey, it is useful to present the various space alternatives in a format that makes it easy to compare available space to the tenant's stated objectives.  Decisions can then be made as to which properties qualify for the property tour. Market knowledge is possibly the most important aspect of the survey.  It is essential to know general market conditions and to have a keen awareness of the subtle dynamics of each sub-market to insure the accuracy and thoroughness of the survey.  This, of course, is one of the primary reasons that a tenant will seek out the assistance of a Tenant Rep. 
 
Arrangements can now be made to tour candidate buildings and appropriate personnel are encouraged to attend.  As with any tour, it can become difficult to remember details as the tour proceeds from one building to the next.  It has proven helpful to provide the tour leader with a form on which to document the tour participant's thoughts about each building before going on to the next.  Although it may seem insignificant at the time, this small step becomes an important part of the process and remains useful when a final decision must be made between prospective building finalists.  The 3 or 4 top contending buildings are then asked to prepare a preliminary space plan.  The efficiency with which one building or the other accommodates the tenant's needs often forms the basis of a "tie-breaker" between two finalists or serves as a method used to trim a lengthy list of candidate buildings.  Given the cost savings and stronger negotiating position that can result, tenants should always take into consideration the potential for re-use of the existing improvements.  The  Letter of Intent represents a compilation of the many considerations that a tenant might have and should be customized to reflect their specific needs.  Just as the building's standard form lease document represents the landlord's "wish list", the LOI serves in that same capacity for the tenant.
The tenant's negotiating leverage will be reduced if provisions such as options to extend or terminate, liability limitations, escalation and security deposit provisions, rights of first refusal, and other items of significance are not included.
 
In order to preserve that an LOI not be binding, the document should not only provide as such, but should further provide that it imposes no legal obligation to continue negotiations to reach agreement. 
 
Nothing contained herein is to be considered legal advice. Always seek legal advice when evaluating any legal document.
My focused speciality is solely driven to advocate the office space interests of Southern California-based corporations and professional services firms in leasing and purchasing negotiations of all types-renewals, relocations, renegotiations, recasting, subleasing, terminations and investments on a local, regional, national and international basis through a network of offices in 200+ markets around the world.
 
Assignments range from single office lease transactions to national and multi-national real estate portfolios.
 
It is my sincere desire to develop meaningful, long term relationships as your trusted Tenant Rep Consultant and friend.
 
Regards, 
 
Mark
Mark David Rauch
Senior Vice President
License # 01019455 
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550 South Hope Street, Suite 2600