Walking through the General Services Administration’s remodeled headquarters, you’d never imagine the building was built nearly a century ago.

Natural light floods across an open-plan design through floor-to-ceiling windows more reminiscent of Silicon Valley than Federal Triangle. Rows of offices have been replaced by low-walled cubicles, punctuated by enclosed “huddle rooms” where employees can work quietly or meet with a colleague or two.

“GSA has tried to make this a showcase of 21st-century workplace design, to maximize our productivity, to understand how to employ open and collaborative workplaces, and to help our customers do the same,” said Casey Coleman, GSA’s CIO. “The nature of work is more collaborative than ever, and people are more mobile than ever.” The headquarters redesign was driven by the desire to use GSA’s office space more efficiently, facilitate collaboration and serve as an example for other federal agencies whose real-estate needs GSA serves.

Across the U.S. workforce, employees are at their desks only about half the workweek, thanks to travel, meetings, time off and work-from-home arrangements, said Janet Pogue, a principal at Gensler, which led the redesign of GSA’s offices. “People are mobile given the technology and how work gets done today,” Pogue said. “That has been a driver of how we make the real estate work better.” A whopping 65 percent of GSA employees now telework at least one day per pay period, up from 28 percent in 2011, said Charles Hardy, GSA’s chief workplace officer.

To maximize the use of the new headquarters space, some GSA employees no longer have assigned desks but instead use a cubicle, huddle room or conference room depending on their needs — a practice referred to as hoteling. As a result of the increase in shared, flexible space, the new headquarters will be home to 3,300 employees, compared with just 2,500 before the redesign. That consolidation in office space will save GSA $24 million in lease payments each year.

Accommodating a mobile workforce

The experiences of GSA and other agencies at the forefront of work space innovation offer valuable lessons for federal leaders across government who are looking for ways to save money on office space and utilities, encourage telework, and stimulate innovation and collaboration. Executives who have been through the process emphasize the importance of thoughtful planning and implementation with a team that includes stakeholders from real estate, facilities management, technology, environmental sustainability, human resources and other areas.

They say it is important to emphasize the benefits the new design provides in terms of flexibility and cost savings, and take steps to alleviate any concerns when employees are asked to give up their designated office space. “This was a real-estate strategy to begin with, but now it’s become a business model,” said Richard Kadzis, vice president for strategic communications at CoreNet Global, a professional association for corporate real-estate executives. “Government executives could add a lot of value to taxpayers by getting their employees more involved in the decision-making process as it relates to real-estate and workplace practices.”

A year ago, employers typically allocated 170 square feet per person in office space. Now the trend is toward 150 square feet, Kadzis said, and the Office of Management and Budget has set a goal of 130 square feet per person for federal workplaces that want to renew or obtain a lease. OMB also has a goal to increase the level of telework among federal employees. “You do have a lot of wasted space,” said Kadzis, who estimates that cutting-edge employers now designate about 60 percent of real estate to collaborative space, 20 percent to quiet, focused space and the balance to a combination of social and learning space.

To ensure the success of its headquarters redesign, GSA put technology tools such as email and videoconferencing in the cloud so employees could access them while working remotely, whether they are at home, traveling for work or in another federal office. The new building has ubiquitous wireless, with no break in service between floors. Coleman’s team also supports lightweight mobile phones and tablet PCs, giving employees choice and flexibility.

By staggering employees’ move into the new space, GSA officials were able to continue testing, experimenting and learning. They put coffee bars and large conference rooms in the same spot on each floor to facilitate impromptu meetings and make it easier for employees to find available space on another floor if necessary. The agency also decided to share the Interior Department’s cafeteria across the street to trim costs and provide an opportunity for employees to intersect, interact and build networks.

“We’re seeing people constantly moving around and having a wide variety of work settings that provide choice,” Pogue said. She added that complex projects typically involve a number of teams, agencies and individuals, so “if you’re trying to speed up that process, those spaces need to be in close proximity. They need the availability, and you need to be able to quickly move from individual to team space and back again.”

To prepare for a more flexible and open work environment, GSA’s redesign team considered factors such as the acoustics of larger conference rooms, how to make every participant in a virtual meeting feel included, creating quiet zones away from more noisy activities, and even the weight and functionality of furniture, which employees can now move around to create different work spaces. Occupancy sensors not only turn off lights and electrical outlets when they’re unused for a certain length of time, they also provide data on the use of work spaces so GSA can continue to make adjustments.

Knocking down more than physical walls

The GSA redesign built on principles and insights Gensler developed through previous workplace transformations, including a headquarters remodeling for travel technology firm Sabre Holdings in 2007. Before the redesign, the company’s offices held 3,000 employees in 4,000 seats. Badge data showed that 35 percent of the workforce did not enter the offices on any given day. By moving to flexible, unassigned space for all employees, including the CEO, the company consolidated five office spaces of 1 million square feet into two buildings that total 470,000 square feet and are certified under Leadership in Energy and Environmental Design standards.

The transformation cut Sabre’s global real estate costs by more than 25 percent, saved $10 million in operational expenses and reduced the previous average of 350 square feet per person to 185. The new headquarters fit 1.35 employees per cubicle, a significant increase from 0.81 previously. In addition, Sabre has slashed its energy consumption by 61 percent, reduced its carbon footprint by 54 percent and saved more than 22 million gallons of water.

“We needed to accommodate more people and be smarter about our use of space,” said Leilani Latimer, who was Sabre’s senior director of sustainability initiatives at the time. “When the physical walls came down, a lot of other walls came down, too…. Not having the physical walls opened people up to a lot more collaboration.”

Now employees might meet on the comfy couches in the building’s lobby or in the break room, or they might “touch down” at a bar stool in the break area to work between meetings. Although employees were initially assigned rolling sets of file drawers, many preferred to switch to digital records. An internal social media site with space for personal pictures and corporate recognition replaced the old habits of photographs on desks and plaques on walls. “Conversation was one of the learning moments for us — how loudly they speak on the telephone,” Latimer said. “People’s behaviors and manners changed by being in open space.”
Dealing with ‘separation anxiety’

The U.S. Patent and Trademark Office and the Treasury Inspector General for Tax Administration (TIGTA) have also saved money and increased employee satisfaction through office designs that rely heavily on hoteling. At USPTO, the dominance of quiet, focused work drove the decision to switch to hoteling and increase telework rather than move to open floor plans, said Danette Campbell, the agency’s senior telework adviser.

Since 2006, USPTO’s workforce has grown from 7,800 employees to 11,700 without requiring any additional office space or parking spots. Now more than 7,500 employees do some level of telework, and nearly 4,000 full-time teleworkers have relinquished their desk space at the office. “When they do need to come in, they reserve space in a shared on-campus hoteling office,” Campbell said. “Because our full-time telework program has become so successful and employees are so productive, when they come in they’re not spending eight hours. It becomes a touchdown place for them.”

To date, the agency has given back $24 million worth of office space and reduced the number of hoteling offices from 200 to 91, with two desks in each. “Like everything else at this agency, we monitor very closely the utilization, and that helps build our business case for giving back space,” she said. As a result, USPTO maintained 70 percent productivity during Hurricane Sandy and more than 82 percent productivity during the snowstorm that hit the Washington metro area in late March. And employees are happy with the arrangement. Ninety-two percent of full-time teleworkers report higher overall job satisfaction and work/family balance, 77 percent of them report higher productivity, and 93 percent of all survey respondents said the program has had a positive impact on employee satisfaction.

Hoteling is also a core component of TIGTA’s real-estate strategy, which includes offices, bullpens and cubicle space available by reservation. The agency reached a goal of 157 usable square feet per person thanks to a 2011 renovation and move that shrank the overall footprint from 60,597 square feet to 52,145 square feet. At TIGTA, 58 percent of employees telework two days or more a week, nearly double the Treasury Department’s average of 30 percent and more than five times the governmentwide level of 10.8 percent.

“We have a multitude of tools to cope with the separation anxiety of not being in an office anymore,” said George Jakabcin, TIGTA’s CIO. “That was key to the successful transition.” Employees at all 70 offices have laptops equipped with cameras and Wi-Fi access, videoconferencing, instant messaging and virtual whiteboarding. “We’re trying to not lose too much of the office environment in terms of being able to collaborate with people,” Jakabcin said.

But TIGTA officials also considered the downside of all that openness. “We’re conscious of ambient noise, so all the materials were selected to ensure we could keep it as private as possible when people are working,” he said. “We also have huddle rooms that are scattered around the space where you can talk to your doctor, children, spouse if you don’t want that conversation to even have the possibility of being overheard.” The hoteling program saved $6 million over the course of TIGTA’s office lease. Furthermore, job satisfaction climbed from 78 percent in 2011 to 79.8 percent in 2012, and self-reported work/life balance increased from 87.3 percent to 89.3 percent.

To help provide the interpersonal connection that might be missing in a telework-heavy workforce, TIGTA leaders start virtual meetings with a few minutes of socialization. Managers also specify and track performance more rigorously than before and always look for opportunities to increase efficiency, Jakabcin said. Indeed, workgroups that have moved to flexible space and more virtual meetings find that it’s often easier to have an impromptu conference call than it was in the past to find a time for everyone to meet in person. “You have to think about what does the technology provide for in the way of opportunities to change and improve the process,” Jakabcin said. “We were able to eliminate some steps that might not otherwise have surfaced if we had kept doing it in a physical presence environment.

 

Source: The Business of Federal Technology

 

Everyone wants to save energy; everyone feels the pressure to reduce costs and improve the bottom line of their business in a lousy economic climate.

Energy Savings Companies (ESCOs) come in two varieties, guaranteed savings or non-guaranteed savings. So where does the facilities manager start? The answer: get an energy study done.

Common Sense
First and foremost, be honest about the goal of your energy savings program. Whomever you hire needs the facts so they can get down to serious work and be successful. You owe them your honesty to give the energy savings program a chance of working out to your company’s benefit.

Before the Study
Utility Bills: 
This is like the EKG for your building. Compile the bills and understand them. Know the patterns so you understand how much energy your building is using during the day, the night and season to season. Make a spreadsheet, trend the data and study it.

Metering: This is the calorie counter of your building. The biggest loads should be metered. You cannot save where you do not measure. ESCO’s of all stripes will implement metering strategies early on, so get this done to be in charge of baseline data and save money.

Equipment: Make a detailed list of every piece of energy consuming equipment in the building with all of its pertinent data. This quest to save energy can quickly move from merely saving money to asking yourself why you are behind on maintenance, since well-maintained equipment uses less energy. Get ROI quotes now.

Lighting: Knowing how everyone circulates through the building at every hour will help you to understand lighting needs within your facility. Carefully scheduling lighting patterns can far out-pace the payback period of a re-lamping project. Get quotes with pay-back periods for controls and re-lamping to compare.

Building Envelope: Invest in an infrared camera or have an IR scan done by a professional to know where the heat is going in your building. An IR scan may show an area that has been vexing you for years. Execute a plan to plug the holes, and do it now.

Controls Strategies: Make sure your building works well. This is the place where the ROI is typically the most attractive for energy projects.

Now you’ve got a list of things you can control, all you need is time and money. So, let’s look at what is really working against you (apart from time and budget crunches) in all of this.

Human Behavior
The occupants in your building are people. People have habits, both good and bad. It is nearly impossible to change these habits, especially when it comes to their work environment. All day employees give their sweat and effort, so they demand comfort. To better provide this comfort, ESCO’s need your common sense and understanding of the building and its occupants to truly weigh the validity of the Energy Savings Measures (ESM’s) they propose.

Handling energy in buildings is one of the biggest issues facing facilities managers, and most aim to become better stewards of the planet’s resources. No matter how old or what type of building you manage, there is something more you can do to make the energy spending go down. However, obtaining the money to implement it and the sheer will (and consensus) to make the changes are the biggest impediments to any challenge, that and the human behavior thing.

 

Source:  Facilities Magazine

 

Facing pressure to manage costs, risks and energy consumption, commercial building owners and investors are exploring how smart building technologies can help a company’s triple bottom line—people, planet, profits.

Five key trends are making smart buildings a “no-brainer” for commercial property owners and investors, according to Jones Lang LaSalle’s latest report, The Changing Face of Smart Buildings: The Op-Ex Advantage. “Commercial and public property owners are looking to smart building technology to boost operational efficiency, achieve energy savings, improve capital planning and reduce their carbon footprints,” says Dan Probst, JLL’s chairman of Energy and Sustainability Services. “These advantages, combined with tenant preferences for smart building features, provide a competitive edge for owners and investors.”

Five Reasons For Smart Building Investment

The report, which details the landscape for smart building technology, identifies five major trends:

1. Rapid Return On Investment
Smart building technology investments typically pay for themselves within one or two years by delivering energy savings and other operational efficiencies. Also driving the fast payback is the low cost of automated building technology, which has fallen as adaptation has increased. For example, intelligent lighting components that cost $120 four years ago today sell for just $50. Procter & Gamble’s building management pilot program, for example, generated a positive return on investment in just three months.

2. Operating-Expense Advantage
Relative to other energy-related building upgrades, smart building technology requires little upfront capital expenditure (cap-ex), while delivering significantly reduced operational expenditures (op-ex). Using automated systems, smart buildings generally cost less to operate  than buildings operating solely on legacy systems, therefore offering a long-term op-ex advantage. By combining smart building systems and data analytics with facilities management, a smart building management system can detect and resolve building issues before equipment failures and capital expenditures ensue. Additionally, operational and energy savings begin shortly after the smart building management system is implemented.

3. Marketing Mileage
As reported in JLL’s October 2012 “Global Sustainability Perspective,” numerous studies and surveys have demonstrated that tenants and their advisors increasingly expect smart building features such as zoned HVAC, sophisticated equipment maintenance alert systems, advanced security systems and “green” buildings. Like a new lobby or elevator bank, an improvement in sustainability makes an office building more desirable to tenants. These benefits can justify collecting higher rent and can increase competitive advantage and occupancy rates. And when the building is sold, sustainable investments can be recouped in an increased sales price. In fact, a 2011 study by Eichholtz, Kok and Quigley indicated the premium for LEED-certified or ENERGY STAR-labeled buildings is approximately 13%.

4. Energy Savings
Smart building technology can generate energy savings of 8% to 15% annually almost immediately after deployment, with the potential for incremental improvements over time. A 2012 report by the Rockefeller Foundation and Deutsche Bank Group’s DB Climate Change Advisors estimates that $289 billion in building efficiency investment would produce savings in excess of $1 trillion in the US alone, with every dollar invested in energy efficiency producing three dollars of operational savings.

5. Improved Corporate Social Responsibility Profile
Redirecting energy spend to building efficiency has allowed some corporate decision-makers to gain the reputational advantages of doing the right thing by the environment while also gaining significant performance and productivity improvements. Another benefit is a smart building system’s ability to measure and report greenhouse gas emissions. Some owners feed building emissions data to multiple benchmarking organizations, such as Greenprint and GRESB, as well as to Ceres and similar third-party reporting organizations, and smart systems can roll up the information from across a portfolio.

 

Source: GlobeSt

An 8,300-square-foot building operating as a fashion store for Guess in Miami Beach has sold for $12.5 million, which equates to $1,499 per square foot.

Marcus & Millichap represented the seller, a Miami-based owner/developer. The buyer, also represented by Marcus & Millichap, is an institutional investment group interested in building a South Florida retail portfolio.

“The building is a trophy retail asset located in the heart of the Collins Avenue fashion district,” said Drew Kristol, VP of investments in Marcus & Millichap’s Miami office. “Guess has occupied the property since 1998, and over the years has re-invested into their build-out. The new owner is an excellent position to capitalize on the below market in-place rental structure.”

The two-story building, located at 736 Collins Ave. between Seventh and Eighth streets in Miami Beach, was extensively remodeled in 1998 and has received complete interior renovations from Guess within the last 18 months.

 

Source: SFBJ

An $18 million plan to redevelop one of Coconut Grove’s most important waterfront parcels won approval from voters Tuesday.

The vote makes it possible for Grove Bay Investment Group to move forward with its plan to replace the Chart House and Scotty’s Landing and overhaul the Grove Key Marina that is located to the north of city hall.

The group, which is now able to sign a 50-year lease for the site, plans to locate new restaurants including Shula’s Steak House at the property. It will also restore and put to new use a pair of historic Pan Am hangars located there and build a promenade that will end at a new pier.

The city on Tuesday also began demolishing the Coconut Grove Exhibition Center to make way for a park. The area’s overall revitalization plan includes a public parking garage, with the developer contributing $5 million toward its construction, that would serve all the new facilities.

 

Source:  SFBJ

 

From Manhattan to Miami, foreign investors seeking U.S. visas are a growing source of real estate financing through the job-creating federal EB-5 Immigrant Investor Program.

To help developers navigate the program’s complex requirements and frustrating delays, veteran developer Rodrigo Azpúrua’s new book, EB-5 Visas & Real Estate Development, provides a step-by-step approach to create successful projects.

The book guides real estate professionals in designing and building commercial real estate projects that meet requirements of the U.S. Citizenship and Immigration Service’s (USCIS) EB-5 program. It’s a financing method being used nationwide to fully or partially fund projects including office buildings, mixed-use centers and resorts.

“When traditional financing evaporated in 2008, the EB-5 program really came into its own,” explains Azpúrua, who has been responsible for managing over $200 million in land development projects that created about 1 million square feet of office space throughout Florida.  “For development teams who master the complexities, it’s great financing alternative,” he said.  “Funding is relatively low cost, since investors are more focused on finding a reliable project to secure their immigration status than on high returns.”

Foreign participation in the EB-5 program keeps climbing, from 1028 visa petitions in 2009 to a 6,041 in 2012, toward the government’s current annual cap of 10,000 visas.  Launched in the early 1990s, the program lets qualified foreign investors obtain conditional resident status (green card) for investing a minimum of $1 million in U.S. businesses, or $500,000 in an economically challenged Targeted Employment Area.  If the individual’s investment creates at least 10 jobs within two years, the government grants permanent U.S. residency.

The book’s readers will learn how to:

  • Establish a job-producing project concept that aligns with EB-5 regulations and investors’ needs.
  • Assemble the multi-disciplinary team crucial to secure funding and manage the process.
  • Gauge if a project should move forward, based on financial feasibility, site selection, due diligence and marketing planning.
  • Understand EB-5 requirements, the Immigrant Investor Visa process and who can apply.
  • Evaluate job-creation projections, based on USCIS precedent and econometric analysis.
  • Create the highly disciplined business plan needed for government approval.
  • Reduce investor risk at every stage of the project.

Azpúrua brings life to the technical topic, sharing his first-hand development and immigration experiences.

An attorney who practiced real estate law for 14 years in his native Venezuela, he immigrated to the U.S. in 2001 and launched his development career in Miami.  He travels regularly to speak about EB-5 investment to audiences in the U.S., South America and China, and he has appeared as an expert on the subject in media including CNN and Fox News.

For information visit www.rivierapmo.com

Adam Von Romer, CCIM, Senior Investment Associate at Fitzgerald Group also has a new book on the shelves, “Getting Started in Commercial Real Estate Ten Step Program to Success!“ The book was co-authored by Von Romer and Patricia O’Connor.

Adam has taught or spoken for national and regional companies and associations such as Tandy/Radio Shack, Wiechert Realty, Marcus & Millichap, Coldwell Banker, Century 21, ERA, the Florida Association of Realtors, West Virginia Career College, and many more. He routinely conducts workshops and seminars on commercial real estate sales, commercial real estate leasing, commercial real estate financing,and commercial mortgage restructuring and modification.

 

The South Florida Office market ended the third quarter 2013 with a vacancy rate of 13.5%.

The vacancy rate was down over the previous quarter, with net absorption totaling positive 551,507 square feet in the third quarter. That compares to positive 769,100 square feet in the second quarter 2013. Vacant sublease space decreased in the quarter, ending the quarter at 722,903 square feet.

Tenants moving into large blocks of space in 2013 include: Miami Herald Media Company moving into 158,266 square feet at 3511 NW 91st Ave; Management Resources Institute moving into 40,000 square feet at 550 LeJeune Rd; and Aldridge Connors moving into 39,788 square feet at 1615 S Congress Ave.

Rental rates ended the third quarter at $26.04, a decrease over the previous quarter.

A total of three buildings delivered to the market in the quarter totaling 31,512 square feet, with 812,735 square feet still under construction at the end of the quarter.

This trend is compared to the U.S. National Office vacancy rate, which decreased to 11.6% from the previous quarter, with net absorption positive 23.48 million square feet in the third quarter. Average rental rates increased to $21.75, and 244 office buildings delivered to the market totaling more than 12.2 million square feet.

 

Source:  CoStar

 

Condos may get all the publicity, but industrial space in Miami is hot again, with developers competing for land and tenants.

More than 4 million square feet of space is in the development pipeline. And land prices are reaching record level, attracting as much as $1 million per acre. The investment industry now considers Miami a tier 1 city, which is attracting more institutional investors, Steve Medwin, managing director for Jones Lang LaSalle South Florida told WPC News. “REITs, the life insurance companies, private equity firms, all have raised tremendous amount of capital for real estate… they want to have a location here,” Mr. Medwin said.

Several catalysts are driving the market, including the Panama Canal expansion, which will bring Panamax-class container ships to Miami’s port in 2015, as well as the growth of the economy in Latin America.   Developers delivered almost 300,000 square feet of warehouse and distribution space in Miami during the third quarter. An additional 733,737 square feet is currently under construction, according to CBRE. Another 3.9 million square feet of space is in the development pipeline.

The largest delivery during the third quarter was Building 1 in South Florida Logistics Center, adding 171,545 square feet to the area known as Airport/Doral. The South Florida Logistics Center will eventually add 1.6 million square feet of industrial space across 200 acres next to Miami International Airport.

net-absorption-cbre-research-q3-2013The popularity for land in Doral has pushed up prices for competing investors.  “Prices went from a $1 million an acre [before the recession], down to about $400,000 an acre in the bottom of 2009 in Doral, and are now back to about $750,000 an acre — if you can find it,” Mr. Medwin said.   The year-to-date net absorption of 794,356 square feet at the end of the third quarter already surpassed the total absorption for 2012. Starboard Cruise Services signed the largest lease — 220,000 square feet at the future Flagler Station Building 34, according to CBRE.

The vacancy rate for Miami’s industrial market is down to 4.9 percent, dropping 40 basis points from the previous quarter, and down 120 points from last year. Average asking rates were up to $7.81 per square foot during the third quarter, which is $0.43 per square foot higher than last year, CBRE reports.

The recent development has led to a glut of product in certain areas, which is helping to keep down prices, Mr. Medwin says. “We are seeing is a lot of speculative construction by these big institutions who were able to buy land in the last couple of years and they are all delivering around the same time,” Mr. Medwin said. “There are a number of choices so rental rates are staying low there, they’re not shooting through the roof.”

under-construction-and-completions-cbre-research-q3-2013The demand for Miami’s industrial product should continue to increase, analysts say. “Several sizable investments sales, both institutional and private, are expected to close during Q4 2013, resulting in a boost in sales volume,” CBRE said in the report.

Although land is predominately scarce, the city still offers potential for developers and investors, analysts say.   “It’s a supply constrained market, so there’s not a lot of land around,” Mr. Medwin said. “But there’s enough to build another 10 million to 20 million square feet, which is 5 to 10 percent of the base we already have in Miami, over the next 3 to 5 or 10 years.”

 

Source: World Property Channel

biggest office deals of 2016

The 3.8 percent healthcare tax, which took effect on Jan. 1, has wide-reaching implications for investment real estate.

The impacts of this law were examined in a recent CCIM Institute member webinar hosted by Jeff Bilsky, senior director of BDO USA’s national tax office.

The 3.8 percent tax is imposed on the lesser of net investment income or modified adjusted gross income over $250,000 (married filing jointly), $125,000 (married filing separately), or $200,000 (individual filing). The tax also applies to the lesser of a trust or estate’s undistributed net investment income or the excess of adjusted gross income over $7,500.

Bilsky examined the categories of investment income that are tax eligible as well as exclusions, including rental income and gains on sale of rental property when income is generated by a real estate professional who materially participates in the rental activity or the rental activity constitutes a trade or business.

View CCIM’s Section 1411 Net Investment Income Tax webinar to learn more about the effects of the 3.8 percent tax on net investment income, how to calculate the potential changes in rental income, and more.

 

Source:  CCIM Institute

 

The most recent initiative makes it a goal for the costs of solar to continue their trend downward to meet those of conventionally generated electricity by the end of this decade.

This comes with the announcement by the White House reinvigorating solar energy through the Department of Energy’s SunShot initiative.  These goals don’t only come from government offices.  Laboratories too are leading the way. Technological advances are helping along the trend, as silicon may be able to be replaced as the main ingredient in solar panel construction.  A recent discovery that a light-absorbing material known for a century may work in solar panels and dramatically increase their efficiency has the industry talking.  Thanks to the combined developments, the cost per watt of solar-generated electricity may fall to the 10-20 cents per watt range where fossil fuel-generated electricity resides.

All that said, the opportunity for commercial space users to take advantage of these new technologies and for commercial landlords to convert their properties into energy-producing ones remains mired in the financial barriers and customs of an industry that views (and pays for) property improvements for multi-tenant buildings in very specific ways.  To answer the question of how the costs and benefits of solar improvements are apportioned usually needs to begin with how such improvements are paid for.

One California company says they have used real estate legal forms to address this problem. Working with a leading law firm, EPR Squared, a real estate firm specializes in cracking the tough problem of opening commercial rooftops to solar.  In solar improvement,  as with most other features of commercial property usage, the all-important capital source is the third party financier.  But the territory is new and forms and deals have little precedent to work with.  Establishing revenue flows on a tenant or space subdivision basis to cover construction costs and to apportion energy-generation benefit requires a new kind of real estate deal. EPR Squared says they’ve constructed such a boilerplate.

According to real estate research firm data cited by Energy Producing Retail Realty, Inc. Founder/CEO, Chris Pawlik, 90 percent to 95 percent of commercial building rooftops remain essentially beyond the reach of third-party financing, “When you have a commercial building with multiple tenants,” Pawlik said, third parties “can’t technically finance those unless the owner takes it on, and commercial owners won’t do that.”

Third-party financiers, he explained, “can get an agreement signed or financing in place because they have the credit of the off-taker that takes care of the risk.” With a twenty-year commitment, third-party financiers have certainty that their loan will repaid. But, Pawlik said, “owners typically own properties five to seven years and tenants are typically in properties five to ten years. You can’t have a ten- to twenty-year agreement in situations like that.”

EPR Squared’s idea is to create a real estate interest on the property and have it be a separate interest from the improvements and from the land. It is similar to agreements with property owners for cell tower and billboards, though, Pawlik stressed, the solar legal structure is not identical. DLA Piper, which Pawlik called “the gold-standard, top-tier law firm” for commercial real estate, “has finalized the form documents we need to take to the owners to show them how this structure would work.”

EPR2 has “a dozen or so deals in the pipeline with groups that have either portfolios of properties or single properties,” Pawlik said. The first deal, he explained, must be one that demonstrates to the 60,000 California real estate brokers, agents and mortgaging agents that “this is almost identical to a real estate transaction.” When they see commissions in it for themselves, he said, “we can really scale the idea and bring it to a size at which pension funds and insurance companies will start looking at it.”

 

Source: Commercial Source