The growing demand for health care is a reflection of the demographic factors resulting from the regional growth of Central and Northern Arizona in the last 25 years.

The CenterPointe Medical Plaza is ideally situated in the heart of the medical community in Prescott, Arizona.

CenterPointe is adjacent to the Tri City Surgery Center and in proximity to Ponderosa Pediatrics, Desert Hand Therapy and just minutes from Yavapai Regional Medical Center and Bradshaw Mountain Laboratory, the area’s premiere testing center.

The Plaza offers three complete build-to-suite medical suites, each customizable within the pre-planned development. From ±2,000 s.f. to ±9.000 s.f. Additionally, each suite has a private entrance, private offices and dedicated Physician and staff parking.

See the Location on a Map.

Contact Bebe Wright, CPM, CCIM at (928) 710-1783 or by email.

Why?

Because many of the old models don’t work well in an increasingly collaborative world where people want to have a relationship and role in the creation of their investment outcomes, that’s why.

How is your property being marketed? How quickly can you turn the message and communicate change to thousands of people in a moment of time? These are huge questions for property owners.

In the marketing of your property are you running with the big dogs or licking with the pups? How can you break from the pack in 2010 and beyond enabling you to run with the big dogs?

Meet the Puppies Lickin’ and Playin’ on the Porch

When it comes to commercial real estate marketing, there are pups on the porch lickin’ and there are big dogs in the fields runnin’.

High failure rate marketing models such as cards, letters, complicated brochures, mindless spreadsheets that don’t cut-to-the-chase, ugly property signs and costly networking meetings are increasingly being replaced with lean and quick, impactful, attention-getting, direct and digital marketing models. Interactive, please.

In today’s commercial real estate marketing game slow is bad…speed is good; actually, speed is essential. In a competitive environment, slow is costly, while speed, agility and message delivery creates economic margins and a more responsive audience.

Big, old-line marketing is expensive, complicated and difficult to control, modify and monetize; the message is mostly, non-repetitive with a single impression that yields lower results. Message renewal is necessary for property owners, but old models make its delivery expensive and its recreation clunky and difficult.

A large factor in effective marketing is the ability or inability to edit our message on the fly…THIS IS HUGE IN TODAY’S FICKLE MARKET. Minutes and hours can make the difference in deal-making. Speed counts. Reaction time is money.

Break from the Pack…Lone Wolf Marketing

Ask yourself why Twitter, MySpace, YouTube, Craig’s List and Facebook have hundreds of millions of global viewers daily. Why do companies like Exxon, General Electric, Hollywood film makers, resorts, news networks and national retailers have Twitter accounts?

Why did candidate Barack Obama choose online, digital “speed marketing” as his primary message channel resulting in his raising more money than any candidate in history with the end game being his election as President? Uh, let me see…because it works? Why does it work?…uh, let me see…because, at the end of the day, people like it?

Lean, new straight-line marketing via hard-hitting and informational emails, digital brochures, property websites, video, blog content, RSS feeds and narrated PowerPoint presentations are, at the end of the day, a lower cost marketing approach per impression, editable and evolutionary and can deliver a higher and measurable result for property owners.

There are more reasons commercial property owners should take a careful, studied look at how they create, broadcast and control their message. Let’s start with “people” and how they currently gather information in general.

We’ve become tired of direct mail marketing…we don’t like to read all the crap that is thrown at us…we’d rather get the message first hand in a form we like and can access at any time, 24/7/365. In short, people want to control the marketing message they receive not have it shoveled upon them.

The old line “rapport” building is still valid…we are just going to have to build rapport faster and more effectively in order to succeed in the commercial real estate marketing game. We have to earn rapport faster than “power lunching” and meeting attendance.

Prospect rapport isn’t always fostered by eating with them, running around from place-to-place, engaging in never-ending phone tag or flying from airport to airport. I and owners earn prospect rapport by how well we communicate, the speed of our communication, its accuracy, style and ever changing content delivery.

Frequent, Fast, Evolving and Affordable

I’ve become the Chief Operating Officer for frequent, fast, affordable real estate communication models. Such models are easier than ever to create and their potential for audience and monetization are better than every. The upfront cost creates a digital magazine that can be edited constantly…example…look at this commercial real estate blog!

I am asking all of my substantial clients, i.e., those with multiple properties or large office complexes or retail centers to do the following, do it soon and to pay the freight now for a marketing infrastructure that will accelerate their communication and create a basis for an ever-changing property message:

• Create a Commercial Property Website (I can help)
• Communicate features, themes, and lifestyle benefits (I can help)
• Deploy video, podcasts and narrated presentations (I can help)
• Increase digital communication, links and downloads to gain audience (I can help)

We are entering a period of time when many properties are going to get drowned out in the ocean of similarity in the minds of a shrinking pool of prospects.

Owners who can attract users, separate them from the masses and hold their attention will be those who break from the pack. Owners who do not adopt new marketing methodologies will continue to see their properties languish, sadly.

Collaboration through real estate blogs and social media channels, coupled with powerful presentation marketing that attracts and hold eyeballs on your property is becoming the central marketing challenge for owners and, for that matter, commercial real estate brokers.

Remember this, the spreadsheet analysis means nothing if no one sees it. A great CAP rate doesn’t sell if the marketing fails to perform. In a market with increasing vacancies and volatility, sustained attention created with speed of message becomes paramount.

If you need a more effective marketing platform, consultation, an action plan, a property website or just some free advice…call or email me.

Posted by Donald Teel – Arizona Commercial

In today’s commercial investment environment, property taxes can be lethal. Many investors are still paying property taxes that are reflective of the market run-up of 2000-2006 and not necessarily on the current valuations of their investments.

The questions are what can you do about inflated tax valuations, where do you turn and more importantly, how can investors challenge property tax values successfully?

Property Tax Analysis. Create an analysis of the assessed value of your property for the previous five years to determine the trend line. The analysis should show the assessed values and compare those with a legitimate Broker Price Opinion (BPO) to show market value trend compared to assess valuation trend. It might look something like the following (Download the FREE sample spreadsheet here).

Assessed Value VS Market Value Sample Analysis - Sample of Presentation for Tax Challenge

Commercial BPO. Secure a commercial property broker price opinion (BPO) for your property to help determine the market value trend line. Arizona Commercial can do this for you for a nominal fee. The report includes photos, recorded sales values, spreadsheet analysis and conclusion.

The BPO must include such detail as location within the market, property style, age, square footage, lot size, parking, vacancy/occupancy rates, number of leasable office/areas, and other issues that demonstrate the empirical value of the property.

Appraisal Approach. If the first two suggestions demonstrate that you have a potential tax overcharge, the final requirement may be to secure a full appraisal with detailed analysis of comparable properties. Appraisals are expensive and should only be used if the economics of the situation warrant such a measure. However, when push comes to shove, a certified appraisal will carry more weight than a commercial BPO.

Challenge Process and Procedure. States have specific procedures for challenging property taxes and the process must be respected in order to be successful.

The process will include forms, time frames and details that must be completed prior to consideration of a claim. Following these procedures and time limitations will be a critical factor. Most likely you will be required to pay the taxes while challenging their validity and if taxes are not paid in a timely manner, other negative consequences can occur in the form of interest and penalties and in severe cases, assessors may sell the delinquent taxes with a lien or even sell the property after a specified time.

Appealing a tax bill is not easy and may include several layers of review including a hearing for the property owner and even judicial recourse. Ask your County Assessor’s office for a copy of their appeal process.

Failure, Refusal or Inability to Pay Taxes. It is unlikely that a refusal to pay property taxes pending the outcome of a challenge will carry any weight and may further exacerbate the problem by creating a hostile situation.

Philosophical, political or principles of conscience are irrelevant to the process. However, in some cases, hardship may be considered as a factor in when and how the taxes are to be paid. Hardship exemptions are difficult when it comes to commercial property and typically are more successful when the property is a primary residence.

Generally speaking if an owner cannot pay the commercial real estate property taxes that owner should immediately communicate with the County Assessor’s office where the property is located and seek advice.

If a challenge is in order, owners may want to contact a competent lawyer with experience in real estate property tax law.

Declining Commercial Values. Most property types have declined in value and this naturally leads to an examination of all expenses related to market value and the cost of the property, including property taxes.

Declining values are now creating a backlog of challenges and yes, it can get very nasty, as some governments are deliberately protracting the challenges and the court cases to their advantage.

There is no doubt about it, however, that some owners are still paying taxes based on unsupportable valuations from previous years. Despite the declines, property taxes have continued to climb in far too many markets. As an example of the lagging, for the first time in 12 years, property taxes in some areas of Los Angeles County declined up to 15% while others increased.

Three suites are currently available and are priced at $9.50 per square foot, triple net with graduated annual rent incentives and half rents for qualified tenants. Download the flyer.

Owner is offering graduated lease rates with half-rent incentive for qualifying tenants. Download the flyer.

Watch the short video below to preview this property

For more information about this property, contact Donald Teel by email or, if you prefer by calling 928.777.8100. Visit CommercialWebPage.com. Download the flyer.

 I’ve mentioned the SNDA in previous posts (Subordination, Non-Disturbance, and  Attornment). The ND portion refers to non-disturbance of the tenant’s right to have its lease  recognized as valid in the event of the foreclosure of a senior trust deed. The S refers to the  Subordination clause and the A refers to the Attornment clause. I’ll discuss the Subordination  and Attornment clauses in separate blog posts. From the Tenant’s standpoint, the non-disturbance clause (“ND”) is most important. 

The use of the Non-Disturbance Agreement depends on the timing of the recording of the trust deed and the recording date of the lease (or the recording of a Short Form Notice of Lease) ,collectively “Notice”. Usually neither the Tenant nor the Landlord want the whole lease recorded. The lease may or may not provide for the recording of a Short Form Notice of Lease. As a Tenant you may want a Notice recorded. Check with your attorney for advice.

Both California and Arizona follow the race-notice theory of recording. [If you'd like more information about how recording of documents works in Arizona, contact Donald Teel at 928.777.8100.]  The first legitimate document recorded has priority over subsequently recorded documents. If a trust deed is signed on January 2, but not immediately recorded, and the lease is signed on January 10 and its Notice is recorded on January 11, while the trust deed has not yet been recorded , the lease would have priority over the trust deed. If the trust deed were subsequently foreclosed, it would NOT have the right to evict the Tenant so long as the Tenant was not in default under the terms of the lease.

However, if the trust deed were RECORDED first the lease would be subject to the priority of the trust deed. If the trust deed were foreclosed, the foreclosing party could evict the Tenant! The reason most Tenants want the ND is that they usually have spent quite a bit of money on leasehold improvements, moving costs would adversely impact their bottom line, they may have spent substantial amounts branding their location, and they may be out of business while moving to a new location. A Non-Disturbance agreement should protect the Tenant in those circumstances.

Before entering into a lease, or when renegotiating a lease, the Tenant should determine whether or not there is a recorded trust deed encumbering the property. If there is, the Tenant should make it a condition of the lease that the Landlord provides a Non-Disturbance agreement signed by the lender. Obtaining a Non-Disturbance Agreement often depends on the negotiating position of the parties. A tenant leasing 1,000 square feet of retail space in a mall probably won’t be able to obtain the lender’s consent to a Non-Disturbance agreement. However, a major Tenant in a development should insist on an ND agreement. Merely having the ND clause in the lease will not protect the Tenant if the lender has not provided the signed agreement. The ND clause may provide that the Landlord will use its best efforts to obtain the lender’s Non-Disturbance Agreement. In the standard lease used by commercial brokers in Carlsbad and the rest of San Diego, the lease ND clause provides that if the landlord doesn’t obtain the ND agreement within 60 days, the Tenant may go directly to the lender to try to obtain the Agreement. Without the lender’s signed agreement, the Tenant is at risk. [Contact Donald Teel to review the lease form used in Prescott and the rest of Arizona.] There are various forms of ND clauses and agreements. Be sure to have the language reviewed by your attorney if you want to protect your rights to retain your lease rights in the event of foreclosure. 

If you have general questions about commercial leases, please send us a note at Lee@leesterling.com

Welcome to the Podcast Library!

Our commercial investment podcasts are designed to provide investors and owners with thought-provoking content that is relevant to commercial property investment, managment and profitability.

The purpose of Commercial Investment Podcasts is to help owners and investors creating satisfactory financial performance. We hope this growing library of podcasts will assist you.

You may suggest Commercial Podcast topics.

Tenant Rights in Bankruptcy

Posted by Lee Sterling – San Diego, CA

General Growth, the owner or manager of more than 200 malls in 44 states, which also owns office buildings and is involved  in the management and development of master planned communities, filed the LARGEST real estate bankruptcy in U.S.  history. So, what happens to its thousands of tenants in those malls and office buildings?

The bankruptcy code (Code) allows the debtor-in-possession (the landlord, for example) or the trustee of the bankrupt estate (hereinafter we’ll use Trustee to indicate either) to accept or reject executory contracts and unexpired leases (Sec. 365).

As a result, the Trustee will usually affirm leases that are at or above market rent and reject those that are below market rent. Of course, the lessee of a below market rent would like to make sure it continues to have the right to occupy that space, and the lessee may want to retain the space even if it’s at market rent because of significant improvements the lessee may have made or the cost of moving may be prohibitive.

Fortunately, if the lease is rejected, Section 365 provides that the lessee’s possessory rights are protected. However, the Trustee may be relieved of other provisions of the lease, such as the duty to provide services to the lessee.

What if the Trustee wants to sell the property that you have leased?Section 363 of the Code allows the Trustee to sell the real property “free and clear” of any “interest,” in the property, and a lease has been held to be an “interest.”

One case, in the Seventh Judicial Circuit, with its particular facts, has held that the right of the Trustee to sell the property free and clear of the lease under 363 of the Code trumps the rights under section 365 of the Code that gives the lessee the continued right to possession. The lessee, for some reason, had not objected to the sale; perhaps counting on the provisions of Section 365.

The lessee lost the possessory rights to a warehouse they had built on the bankrupt’s property. In the First Circuit, in a different case, where the lessee had objected to the sale, the Court held that the lessee’s right to retain possession was not trumped by Section 363! If you’d like more information, an interesting discussion of the cases can be found at: http://is.gd/u8Sm and http://is.gd/u8qA.

As soon as you hear that your landlord has filed bankruptcy or is contemplating filing bankruptcy, contact competent bankruptcy counsel!

About the Author. Lee Sterling, a guest Analyst and Author for CommercialWebPage.com, is a retired Colorado real estate lawyer. He now lives in the San Diego, California area and is a real estate Broker working with commercial tenants to help them find space, buy buildings, negotiate and renegotiate leases. He can be reached at 760-230-1492 or at Lee@LeeSterling.com.

Prescott Arizona Commercial

Arizona Commercial is the area’s premiere commercial real estate company with a dominant market position and share.

“Our real estate team consists of experienced agents/brokers who hold the CCIM and CPM designations and more than 150 years of brokerage experience, making us uniquely qualified to represent commercial property owners and investors…the commercial blog is the logical next step for us to take in order to continue to provide people with the information they need and want,” said Jim Pullaro, Broker/Owner for Arizona Commercial.

Preview our properties or, if you have an investment need, contact us or call us at (928) 776-8460. If you are interested in our Real Estate Owned Services (“REOS”), please register for confidential inclusion, mortgage consulting services and bank owned property updates.

2997 Centerpointe East, Prescott, Arizona - Newer Industrial

This is but one example of the tenant-investor opportunities available in the central and northern Arizona market areas.

Centepointe East features the newest industrial property opportunities in the market and this piece is the most affordable of them all.

Property Description:

New free standing industrial building with 3 overhead doors, good parking, in new business park. Ask about Owner terms for potential purchase.

Location Description:

Located off Highway 89A between the communities of Prescott, Prescott Valley and Chino Valley, easy access to 1-40, and 1-17

Lease and Purchase Information:

There are three suites available within this building; Two 1,500 s.f. and one 2,000 s.f. Best of all they are priced at an amazing $0.25 per s.f. per month, plus NNN. In addition, this property can be purchased with a potential seller financing.

Contact me about this property or email me. If you prefer, you may call me toll free at 1-877-380-1000.