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5.3 - Case Study

5.3 - Case Study

Q It's 3 A.M., and Sally is Face-Timing you. Fortunately, you were up slugging away at your course work and tying up some loose ends for the project, so you didn’t mind the break. She instantly jumps in, saying, “Look! I found a whole bunch of stuff that we need to review. After receiving the Marketing study for that property in Boca Raton (PDF), Download Marketing study for that property in Boca Raton (PDF),Sally asks if you could review the market study immediately because it looks like a hot property and will probably not be on the market for long. Sally specifies that she has read the material and has a better idea of how to analyze our ROI. The luxury building is in a great location and seven years ago went through an extensive renovation. The current restaurant tenant operates 24 hours a day, seven days a week. Sally points out that it’s a free-standing building with a total of 7615 square feet, with 6,000 square feet having air conditioning. Also, there is a 1,615 square foot outdoor covered patio and deck for outside dining. The property can seat 259 combined inside and outside, 93 parking spaces and covered patio seating with a full bar and wine case set up. There is even a dining room kitchen with hood, separate chef’s kitchen with hood, and Main Line kitchen with an on-demand hood. The hood is critical because it contains the fire suppressant equipment. Sally states that the three kitchen locations are an added benefit that will permit high-end customer special cratering for her inner circle dining parties on the dining room floor. Having the hoods already installed saves a lot of money and may avoid major inspections by the city. You inject that if the fire hoods are not functioning correctly, the startup costs could skyrocket and also delay our opening. We should add that issue to the list to discuss with the owner. Sally agrees and suggests we may want to determine the effect of the current tenant decides to holdover beyond the term. The broker was, after all, not too definite about the move out date. He only stated that the building was under lease by the restaurant tenant until July or August of this year. She also points out that the market study specifies that the purchase price is $5,995, 000. Sally states that there is also an option to lease the building under a NNN lease arrangement at $35,000 monthly rent plus $4,200 in property taxes monthly. Sally, wonders out loud if there was a potential of incurring other charges. Analyze the property options available to you and Sally in establishing the location and type of agreement that best fits your long-term goals. Sally received the transaction documentation from the Broker to facilitate a review of the offered terms and proposed agreements that the Broker would use to complete the deal. Review and complete the following agreements using all of the facts available and your understanding of the three transactions presented in this case study. You are required to complete: 1. Contract for Sale of Commercial Property. 2. Commercial Lease Agreement. 3. Triple Net (NNN) Lease Agreement. Redraft clauses, fill in missing information, change terms, or add clauses to match the terms and conditions of your deal. Make a list of issues that you will discuss with the broker to argue more favorable terms in all the revisions you have made. You will need this list in the next Assignment. To analyze the property options available, you request documentation from the broker to review the terms offered. The broker provides you with the following for information and general reference: • Considerations for the Terms Needed in the Sale of a Commercial Property (DOCX)Download Considerations for the Terms Needed in the Sale of a Commercial Property (DOCX) • The Purchase and Sale Agreement (Clark Wilson) (Links to an external site) Links to an external site..This article should help you understand Contract paragraphs and types of revisions available. • Digital Commons Contract Tips (PDF)Download Digital Commons Contract Tips (PDF) You are to complete the following documents and upload them. o Contract of Sale of Commercial Property (DOCX).Download Contract of Sale of Commercial Property (DOCX). o Commercial Lease Agreement (PDF).Download Commercial Lease Agreement (PDF). o Triple Net (NNN) Lease (PDF).

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Negotiations often begin with the execution of a letter of intent. A letter of intent typically contains an express statement that there is no binding agreement until a final Contract is negotiated and executed. The buyer’s draft, however, usually will not have similar language. One might ask why such language is necessary. Either the Contract is eventually fully executed and delivered, in which case the Contract is effective, or the Contract, though negotiated, is never signed by one of the parties and, therefore, by virtue of the statute of frauds or otherwise, there is no enforceable agreement. Unfortunately, things are not always so clear cut. Buyers have been known to take the position that an unexecuted Contract, perhaps transmitted by email or facsimile together with a statement to the effect that the seller is in agreement with the terms of the Contract, constitutes the equivalent of a Contract executed and delivered. Though such a claim may not prevail on the merits, a suit to enforce the “contract”, or even the threat of such a suit, may cloud title to the property and render it unmarketable.