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Managing Lease
                                   Renewals
                                    Presented By:
                               Jerry King
                     Rent Research Consultants, Inc.

Lease Administration Masterclass                    Friday, 23rd March 2012
There’s Real Money Here
      •    600 Stores of 5,000 Square Feet
      •    Five years Leases @ $14.00 PSF
      •    20% Roll over each year
      •    40% Exercised—60% Re-negotiated
      •    50% Success Rate
      •    Average 8% Rent Reduction
      •    Over One Million Dollars Per Year Savings


Lease Administration Masterclass               Friday, 23rd March 2012
Getting Ready to Start !
                                   • Key decisions
                                      –   Who is In-house contact?
                                      –   Should I Outsource the project?
                                      –   What will the program cost?
                                      –   How do I Interface with store
                                          operation?
                                      –   What are the Accounting
                                          concerns?
                                      –   What are the Reporting
                                          requirements and to who?
                                      –   What are the Field notification
                                          Issues?
                                      –   Who will prepare the
                                          Documentation ?



Lease Administration Masterclass                           Friday, 23rd March 2012
Work Flow -Summary
                                   1.  Gather Store/Lease Information
                                   2.  Refer to Operations for Decision
                                   3.  Gather market information
                                   4.  Evaluate Information
                                   5.  Issue written recommendations
                                   6.  Back to Operations for final decision
                                   7.  Exercise Option or set up for
                                       negotiation
                                   8. Negotiate with landlord
                                   9. Landlord and Operations sign-off on
                                       deal
                                   10. Prepare documentation
                                   11. Track documentation to fully
                                       executed
                                   12. Update Lease Abstract
Lease Administration Masterclass                              Friday, 23rd March 2012
Work Flow Step 1
                               Gather Information
                                   • Gather Store Information on Upcoming
                                     Option/Renewals
                                      – Option Notice Date and LED
                                      – Store Manager Interview
                                      – Date and rental history
                                      – Landlord information
                                      – Premises information
                                      – Store sales last three years
                                      – Amortization status



Lease Administration Masterclass                             Friday, 23rd March 2012
Work Flow Step 2
                  Renew or Not Renew Decision
      • Obtain Decisions
            –   Store Size
            –   Length of Extension?
            –   Maintenance Problems?
            –   CAM Problems?
            –   Signage?
            –   Sales projections?
                  • Minimum Rent vs.
                    Percent Rent?
            – Other Lease Issues?


Lease Administration Masterclass            Friday, 23rd March 2012
The Site Visit
                                       • Actual Site Visit
                                          – Pictures of site including . . .
                                          – Drive trade area
                                          – Broker signs
                                       • Virtual Site Visit
                                          – Google Earth and Bing.com
                                          – Assessors website
                                            netroonline.com
                                           Vision Appraisal
                                          – Landlord’s website
                                          – Community Walk


Lease Administration Masterclass                                Friday, 23rd March 2012
Work Flow Step 3
             Real Estate Rental Information
         • Rental & Vacancy Rates
               – Subject Site
               – Competing sites
         •   Landlord Information
         •   Photographs and Websites
         •   Competition & sales
         •   Construction
               – Public
               – Private
         • Look for Change


Lease Administration Masterclass        Friday, 23rd March 2012
Work Flow Step 5
                                   Evaluate Information
                                      • Rank by importance
                                      • Rank by source
                                         –   Single source information
                                         –   Multiple source information
                                         –   First Hand vs. second hand
                                         –   LIS, Map Info, Spectrum
                                         –   Broker / Agent Comparables
                                      • Collaboration
                                      • Test validity
                                      • Evaluate Timeliness


Lease Administration Masterclass                                   Friday, 23rd March 2012
EXERCISE OPTION OR
                       PASS
     • Risks
           – Loss of store
           – Competitor takes your
             old store
           – Landlord demands
             higher rent
     • Rewards
           – Lower rent
           – Higher Success Rate
           – Strong opening
             negotiating position


Lease Administration Masterclass     Friday, 23rd March 2012
Option Exercise Criteria
   • Operational concerns
        – Market Penetration
        – Location of Competitors
   •   Market rent Variance
   •   Vacancies in trade area
   •   New Competition in trade area.
   •   Competitors Leaving Area




Lease Administration Masterclass        Friday, 23rd March 2012
Work Flow
                           Draft Written Report
    • Try to limit to Two Pages
    • Should have at minimum
          –   Current Status
          –   Key Findings
          –   Conclusions
          –   Recommendations
          –   Negotiation Goals
    • Circulate to Operations



Lease Administration Masterclass                  Friday, 23rd March 2012
COMPLETE THE
                            NEGOTIATION
                                   • Choose Your Negotiator
                                   • Setting reasonable
                                     goals
                                   • Pre-negotiation
                                     concessions
                                   • Timing is the key
                                   • Opening proposals
                                   • When to quit


Lease Administration Masterclass                Friday, 23rd March 2012
Opening Position
                            Requirements
                                     Create Doubt that you
                                      are staying
                                     Reveal a reasonable
                                      alternative
                                     Be based on facts of
                                      which Landlord is
                                      aware.
                                     Offer solution to your
                                      problem.
                                     Be almost reasonable.
Lease Administration Masterclass                  Friday, 23rd March 2012
Sample Letter
   RE: XYZ Corp Store #xxxx City, ST

   Dear Landlord (where possible this should be personalized):

   As you are aware, the economy is slowly recovering from the worst recessionary
   period of our generation. However, in many respects, the future holds a great deal
   of uncertainty as the country and economy continue to navigate this period of
   transition. If securing a strong creditworthy Tenant during this time of transition is
   of interest to you and your organization, XYZ Corp is implementing a corporate
   initiative offering Landlords the opportunity to secure an early extension of its
   lease in exchange for a reasonable restructuring of the lease terms.

   We will be contacting you shortly to discuss specific lease modifications. We
   respectfully request that you respond to them expeditiously regarding this
   opportunity which should benefit both parties.

   In the interim, if you have any questions, please do not hesitate to contact us directly
   at (xxx) xxx-xxxx. Thank you.

Lease Administration Masterclass                                          Friday, 23rd March 2012
   Sincerely,
Negotiating the Issues
                                   • Use multiple issues
                                   • Timing of the
                                     negotiation
                                   • Use NPV evaluation
                                   • Incorporating new
                                     lease clauses
                                   • Pre and Post
                                     Conditions


Lease Administration Masterclass               Friday, 23rd March 2012
DEAL SIGN-OFF
                                                   • Prepare Deal Memo
                                                       – Simple LOI
                                                   • Commits Landlord
                                                     to new deal
                                                   • Commits Operations
                                                     to new deal
                                                   • Stops wiggle
                                                   • Stop Nibbling

                            Expanding Knowledge...Best Practices 2010
Lease Administration Masterclass                                        Friday, 23rd March 2012
PREPARE
                        DOCUMENTATION
      • Lease Amendments
      • Letter Agreement
      • Who’s Drafting
      • Obtaining last minute
        concessions
      • Typical Add-ons
            – Self Help
            – Notice Clauses
            – Remodel Rights

Lease Administration Masterclass    Friday, 23rd March 2012
Track Document until Fully
                         Executed
                                    Remember Jerry’s Rules
                                   1.   From the time the deal is made
                                        until it is signed there is
                                        nothing good that can happen.
                                   2.   Once the deal is signed there is
                                        nothing bad that can happen.
                                   3.   People who understand 1 & 2
                                        are called deal makers.
                                   4.   People who don’t understand
                                        rules 1 & 2 are called
                                        unemployed.




Lease Administration Masterclass                           Friday, 23rd March 2012
Communications
      • Update Lease
        Abstract
            – Paper file
            – Lease Administration
              Software.
            – Memo’s to all
            – Thank you letter to
              Landlord



Lease Administration Masterclass              Friday, 23rd March 2012
How you made your first Million
                                   1.  Gathered Store/Lease Information
                                   2.  Sent it to Operations for Decision
                                   3.  Gathered market Data
                                   4.  Evaluated the Information
                                   5.  Wrote a Report
                                   6.  Back to Operations for final decision
                                   7.  Decided to re-negotiate the option
                                   8.  Negotiated with landlord
                                   9.  Got both Landlord and Operations sign-off
                                   10. Prepared documentation
                                   11. Tracked documentation until it was fully
                                       executed
                                   12. Update Lease Abstract
                                   13. Got HUGE BONUS for a job well
                                       done.

Lease Administration Masterclass                                 Friday, 23rd March 2012
SO BUILD YOUR OWN
                          PROGRAM
                                   • BUILD A TEAM
                                     – In-house Team
                                     – Out-source team
                                   • SET UP PROCEDURES
                                   • NEGOTIATE
                                   • DOCUMENT YOUR
                                     SAVINGS


Lease Administration Masterclass                         Friday, 23rd March 2012
Contact Information
                           Jerry King
                                   • jking@rent-research.com
                                   • www.rent-research.com
                                   • Rent Research Consultants,
                                     Inc.      PO Box 372
                                     Swansea, MA 02777, USA
                                   • Phone 1-866-635-5762
                                   • FAX 1-888-473-1121



Lease Administration Masterclass                     Friday, 23rd March 2012

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Rpcon masterclass s201-lease renewals - jerry king

  • 1. Managing Lease Renewals Presented By: Jerry King Rent Research Consultants, Inc. Lease Administration Masterclass Friday, 23rd March 2012
  • 2. There’s Real Money Here • 600 Stores of 5,000 Square Feet • Five years Leases @ $14.00 PSF • 20% Roll over each year • 40% Exercised—60% Re-negotiated • 50% Success Rate • Average 8% Rent Reduction • Over One Million Dollars Per Year Savings Lease Administration Masterclass Friday, 23rd March 2012
  • 3. Getting Ready to Start ! • Key decisions – Who is In-house contact? – Should I Outsource the project? – What will the program cost? – How do I Interface with store operation? – What are the Accounting concerns? – What are the Reporting requirements and to who? – What are the Field notification Issues? – Who will prepare the Documentation ? Lease Administration Masterclass Friday, 23rd March 2012
  • 4. Work Flow -Summary 1. Gather Store/Lease Information 2. Refer to Operations for Decision 3. Gather market information 4. Evaluate Information 5. Issue written recommendations 6. Back to Operations for final decision 7. Exercise Option or set up for negotiation 8. Negotiate with landlord 9. Landlord and Operations sign-off on deal 10. Prepare documentation 11. Track documentation to fully executed 12. Update Lease Abstract Lease Administration Masterclass Friday, 23rd March 2012
  • 5. Work Flow Step 1 Gather Information • Gather Store Information on Upcoming Option/Renewals – Option Notice Date and LED – Store Manager Interview – Date and rental history – Landlord information – Premises information – Store sales last three years – Amortization status Lease Administration Masterclass Friday, 23rd March 2012
  • 6. Work Flow Step 2 Renew or Not Renew Decision • Obtain Decisions – Store Size – Length of Extension? – Maintenance Problems? – CAM Problems? – Signage? – Sales projections? • Minimum Rent vs. Percent Rent? – Other Lease Issues? Lease Administration Masterclass Friday, 23rd March 2012
  • 7. The Site Visit • Actual Site Visit – Pictures of site including . . . – Drive trade area – Broker signs • Virtual Site Visit – Google Earth and Bing.com – Assessors website netroonline.com Vision Appraisal – Landlord’s website – Community Walk Lease Administration Masterclass Friday, 23rd March 2012
  • 8. Work Flow Step 3 Real Estate Rental Information • Rental & Vacancy Rates – Subject Site – Competing sites • Landlord Information • Photographs and Websites • Competition & sales • Construction – Public – Private • Look for Change Lease Administration Masterclass Friday, 23rd March 2012
  • 9. Work Flow Step 5 Evaluate Information • Rank by importance • Rank by source – Single source information – Multiple source information – First Hand vs. second hand – LIS, Map Info, Spectrum – Broker / Agent Comparables • Collaboration • Test validity • Evaluate Timeliness Lease Administration Masterclass Friday, 23rd March 2012
  • 10. EXERCISE OPTION OR PASS • Risks – Loss of store – Competitor takes your old store – Landlord demands higher rent • Rewards – Lower rent – Higher Success Rate – Strong opening negotiating position Lease Administration Masterclass Friday, 23rd March 2012
  • 11. Option Exercise Criteria • Operational concerns – Market Penetration – Location of Competitors • Market rent Variance • Vacancies in trade area • New Competition in trade area. • Competitors Leaving Area Lease Administration Masterclass Friday, 23rd March 2012
  • 12. Work Flow Draft Written Report • Try to limit to Two Pages • Should have at minimum – Current Status – Key Findings – Conclusions – Recommendations – Negotiation Goals • Circulate to Operations Lease Administration Masterclass Friday, 23rd March 2012
  • 13. COMPLETE THE NEGOTIATION • Choose Your Negotiator • Setting reasonable goals • Pre-negotiation concessions • Timing is the key • Opening proposals • When to quit Lease Administration Masterclass Friday, 23rd March 2012
  • 14. Opening Position Requirements  Create Doubt that you are staying  Reveal a reasonable alternative  Be based on facts of which Landlord is aware.  Offer solution to your problem.  Be almost reasonable. Lease Administration Masterclass Friday, 23rd March 2012
  • 15. Sample Letter RE: XYZ Corp Store #xxxx City, ST Dear Landlord (where possible this should be personalized): As you are aware, the economy is slowly recovering from the worst recessionary period of our generation. However, in many respects, the future holds a great deal of uncertainty as the country and economy continue to navigate this period of transition. If securing a strong creditworthy Tenant during this time of transition is of interest to you and your organization, XYZ Corp is implementing a corporate initiative offering Landlords the opportunity to secure an early extension of its lease in exchange for a reasonable restructuring of the lease terms. We will be contacting you shortly to discuss specific lease modifications. We respectfully request that you respond to them expeditiously regarding this opportunity which should benefit both parties. In the interim, if you have any questions, please do not hesitate to contact us directly at (xxx) xxx-xxxx. Thank you. Lease Administration Masterclass Friday, 23rd March 2012 Sincerely,
  • 16. Negotiating the Issues • Use multiple issues • Timing of the negotiation • Use NPV evaluation • Incorporating new lease clauses • Pre and Post Conditions Lease Administration Masterclass Friday, 23rd March 2012
  • 17. DEAL SIGN-OFF • Prepare Deal Memo – Simple LOI • Commits Landlord to new deal • Commits Operations to new deal • Stops wiggle • Stop Nibbling Expanding Knowledge...Best Practices 2010 Lease Administration Masterclass Friday, 23rd March 2012
  • 18. PREPARE DOCUMENTATION • Lease Amendments • Letter Agreement • Who’s Drafting • Obtaining last minute concessions • Typical Add-ons – Self Help – Notice Clauses – Remodel Rights Lease Administration Masterclass Friday, 23rd March 2012
  • 19. Track Document until Fully Executed Remember Jerry’s Rules 1. From the time the deal is made until it is signed there is nothing good that can happen. 2. Once the deal is signed there is nothing bad that can happen. 3. People who understand 1 & 2 are called deal makers. 4. People who don’t understand rules 1 & 2 are called unemployed. Lease Administration Masterclass Friday, 23rd March 2012
  • 20. Communications • Update Lease Abstract – Paper file – Lease Administration Software. – Memo’s to all – Thank you letter to Landlord Lease Administration Masterclass Friday, 23rd March 2012
  • 21. How you made your first Million 1. Gathered Store/Lease Information 2. Sent it to Operations for Decision 3. Gathered market Data 4. Evaluated the Information 5. Wrote a Report 6. Back to Operations for final decision 7. Decided to re-negotiate the option 8. Negotiated with landlord 9. Got both Landlord and Operations sign-off 10. Prepared documentation 11. Tracked documentation until it was fully executed 12. Update Lease Abstract 13. Got HUGE BONUS for a job well done. Lease Administration Masterclass Friday, 23rd March 2012
  • 22. SO BUILD YOUR OWN PROGRAM • BUILD A TEAM – In-house Team – Out-source team • SET UP PROCEDURES • NEGOTIATE • DOCUMENT YOUR SAVINGS Lease Administration Masterclass Friday, 23rd March 2012
  • 23. Contact Information Jerry King • jking@rent-research.com • www.rent-research.com • Rent Research Consultants, Inc. PO Box 372 Swansea, MA 02777, USA • Phone 1-866-635-5762 • FAX 1-888-473-1121 Lease Administration Masterclass Friday, 23rd March 2012