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> Fee Simple Income Analysis
> High Rise Office Buildings
> Market Rent
>Influence and Importance of Sales, Including Sale of the Subject

Fee Simple Income Analysis
Because commercial buildings generally trade based on income, the most reasonable and accurate way to derive an opinion of value for ad valorem tax valuation is to apply an income model.

The Texas Property Tax Code is the guideline for establishing Market Value for real and personal property in Texas. The more universal concept of Market Value, however, is not the tax code definition. Case law comes from the case City of Mesquite vs. Martin; the principle is commonly called fee simple value (as opposed to leased fee value). It means that you apply market rent and other indicators as of the assessment date and, essentially, ignore the actual income and expense. We believe that it means that the appraiser should evaluate the real estate and not any other effect on rent and value, including credit and other intangible influences.

In this discussion and among these pages we will review the various components of fee simple analysis. We believe that there are five fundamental components of a fee simple economic model.

        I.            Class – the nature and physical status of the property including consideration of

a.       Location – accessibility, visibility,

b.       Use – universal usefulness - measure of functional obsolescence

c.       Age / Life Expectancy

d.       Allure - Quality of construction and finish materials

e.       Coefficient of necessary contemporary amenities

     II.            Income

 .        Rental rate for each of the rent stratas

                                                         i.            According to size of tenant and location of space

                                                       ii.            According to Market Standard Improvement Allowances

                                                      iii.            Effect of large tenant requirements as of assessment date

a.       Expansions

b.       Rights of First Refusal

c.       Storage

a.       Analysis of real-estate-only influences on rent

   III.            Expenses & Reserves

 .        Are current actual expenses (without taxes) typical and reasonable?

a.       Evidence of trends in maintenance, janitorial, utilities

b.       Reserves for repairs, maintenance and recapture of the income stream

                                                         .            Major building maintenance and capital items

                                                         i.            TI’s, leasing commissions, legal fees, incentives, etc.

   IV.            Occupancy Rate

 .        Actual occupancy at current mix of rents

a.       Predictable occupancy rate at assessment date

b.       Absorption rate reports – trends of rental rate and occupancy rate

      V.            Capitalization rate

 .        Any evidence of sales with full supporting data

a.       Relative risk according to status of rents

                                                         .            Establish rate at which rents are moving up or down

                                                         i.            Correlate market rent with market risk

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High Rise Office Buildings
There are three basic approaches to value which should be considered when appraising a high rise office building.

        I.            Cost – Whereas cost is generally not a basis by which major office properties trade, one can use portions of the cost approach to equate buildings in a class. By grading the set of buildings in the general marketplace for such things as finish materials, ceiling heights, etc. (and the relative rents in competing for similar tenants) the appraiser can establish a set of comparison components. By comparing, then, the assessments in an adjustment grid, an equitable value may be determined.

     II.            Sales – It is more difficult to measure value by a sales comparison than what you might think. Because any leased property is necessarily a leased fee sale and the tax code requires that no contracts exist in a fee simple analysis, the appraisal must extract leases, contracts, credit influences, and various components of business enterprise value and an assortment of intangibles and business personal property in order to get to the appropriate number. Because there are so many unknowns in a leased fee sale, the task is generally too formidable to be reliable.

   III.            Income and expense analysis. It is far more reasonable to value a major building by the income approach and the data is more accessible than for sales. By reviewing deals made and their effective rents derived from the balance of tenant improvement allowances, incentives (free rent, etc), commissions, etc., the appraiser can get to a meaningful range of rents for the collection of stratas for the subject building and its class.

Class - In order to adequately and appropriately appraise a major high rise office building, one must first identify the class of buildings and the peers in the class, and then gather all pertinent data, analyze leases made in or near the tax year date, and derive a lease rate for the various rent stratas in the subject and its peers. The class should be as broad as the general lease market perceives when seeking competitive bids for space. Tenants generally move between classes when the rent range is adequately great – choosing lesser building for their lower rent – but as the market rent narrows, higher class buildings absorb space at a faster pace. There must necessarily be a balance among the income value components – the rent must reflect the correct TI and commissions – and the cap rate should consider the relative level of rents and occupancy – a building fully leased at market rents will not sell at the same cap rate as a building leased below market rent.

Rent – there is not one rent but a collection of rents in any one building and within the class. The smallest tenants pay the highest rent and the largest tenants the lowest. There will always be a predictable and definable set of stratas within a building and a calculable correlation between the rents in each stratum; moreover, there will be a predictable size for each stratum depending on the size of the building and the relative demands of lenders with regard to risk in any given year. For example, a building of 1.5 million square feet will be leased to a set of two or three tenants who occupy, say, 40% of the building and they will pay the lowest rent. There will be two or three more sets of incrementally smaller tenants paying 5-10% more rent and occupying, together, another 40% of the building. Finally, there will be a group of tenants – perhaps 20 or more – who will pay the highest rent and occupy between 1.25% and 3% of the building.

Occupancy – Overall market class occupancy is fairly easily derived. Rising rents predict falling occupancy for the top class, and vice versa.

Expenses – one must assume that a primary property will be managed well and that the operating expense will reflect the quality of the property and the intent of the overall marketplace and, thereby, will be at market. Expenses must also include a provision for capture and replacement of the income stream including commissions, tenant improvements, and incentives.

Cap Rate – the level of risk is dictated, for this class, by the biggest investors, insurance companies, and pension funds. Falling rents indicate a predictably lower cap rate – and vice versa. The must be a balance among rent, occupancy, expenses and cap rate.

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Market Rent
In economic analysis, rent is the crux of all decisions in the valuation process. Many Appraisal Districts apply the rental rate that they are quoted over the phone or as published in office reporting guides, and, thereby, they dramatically overstate the value.

Rent is not a single number but a collection of rates that apply to the universe of tenants in the marketplace – a rent stratification. As we all know, the bigger and better (i.e. more credit-worthy) the tenant (and the better the broker), the lower the rental rate and the greater the bundle of rights afforded that tenant. In any given marketplace, as of any given assessment date, there is a state of affairs that defines market rent.

Those hard factors influencing rent are components of economic modeling which include:

        I.            Market occupancy and absorption rate. As market demand absorbs space and vacancy falls, the supply is diminished and rents rise. (It should be noted that market-high occupancy and market-high rental rates are incompatible in the same model unless and until the market has stabilized for a long period – 2-3 years)

     II.            Market Business Conditions

a.       State of the Economy – A generally good economy with no evidence of change supports realized rental rates. Evidence of a falling economy supports lower rents, higher vacancy, or higher cap rate – not all three; but the anticipation of change flows to investor expectations.

b.       State of industry in the immediate marketplace – If the marketplace is made up largely, for example, of energy companies, and there is a significant change in the industry, there will be a flow-through to rental rate and occupancy.

   III.            Large tenants demand and get expansion rights and controls over significant amounts of space. Even when the market is good (and these tenants pay higher rent) the effect on the building is a downward pressure on achievable rate. A tenant in a smaller space wanting to lease burdened space (large tenant expansion space) will not pay the same rate for short-term use and minimal tenant improvement allowances. Also, because there is always a collection of rights of refusal on various spaces, the velocity at which the space can be leased is hindered; a prospective tenant must await the hierarchy of decisions from others on whether to take the space. More often the rights include rates and terms more favorable to the right holder than the new tenant might pay, and the owner loses potential rent when the right holder takes the space to retain control. Large tenants are also able to lease storage space which otherwise might qualify as higher rent office space.

   IV.            Sublease space. Depending on prior year market conditions, there may be a significant amount of sublease space available from growing tenants who exercised rights and have not yet absorbed the space. These deals are generally below market but have an immediate impact on rents any building can achieve. There have been years when the sublease market drove overall market rental rates dramatically downward.

      V.            Tenant improvement allowances and incentives. Depending on supply and demand (and relative hard costs), there is generally a level of allowance afforded tenants. Small tenants get less TI – large tenants, and perhaps those with good brokers, get relocation allowances, excess TI, architectural services, and a variety of fees, free rent, and accommodations to attract their tenancy. We refer to this as a bundle of goods, and on any given assessment date there is a market standard package which complements the achievable rental rate.


There are numerous influences on rent which come from sources other than real estate and the standard bundle of goods. These influences produce intangible value.

        I.            TI and incentives - Any package which exceeds the standard and for which there is a definable increase in the rental rate would be considered non-real estate – a loan, per se. The rental rate, then, can be broken down into its components – the real estate rent and the loan rent.

     II.            Resources, ingenuity and superior marketing and management skills of the owner and manager Just as bad buildings should not be rewarded with lower assessments for their bad management so should exceptional properties not be penalized for superior performance. An owner with multiple locations and a reputation for excellence carries a flag not unlike a hotel chain. There is synergy from dealing with large national tenants and a respect from tenants which transcends to rent and occupancy exceeding the market standard.

   III.            The existence of large or influential tenants who consume services and products from others in the immediate marketplace may affect over-market rents. For example, banks and law firms align; a bank that owns a building may draw tenants seeking to do business with the owner, and the decision to choose a building and pay a certain rent may be business related. This is a common occurrence in shopping centers with anchors attracting side shops.

We believe that there is an annual market correlation between the various rent stratas. The relationship of rate among stratas and the high and low rate varies from year to year but stays in relative proportion.

In order to determine market rent for downtown properties, our approach has been, first, to identify deals made in each strata as defined herein and to determine who made the best deal in each strata. We also look at deals that were lost and which went to competitive properties to see if other buildings might be making better deals. (The ideal scenario would be to log submissions from all property owners to illustrate deals made, but of course that won’t happen.) For any property, however, one should array the rent roll, with tenant name, area, date, and rental rate, and sort by size. Identify deals made this year and last in each strata, and make an effort to see what other influences might have impacted the rent (as noted above). The lowest pure real estate rent in each strata is the market rent for that strata. The highest rent achieved is market rent at the smallest tenant level.

We have developed a proportional rating for each rent strata and we believe that it is sustainable under any professional scrutiny. Our report deals with rent as a net rent figure with expense stop / expense recapture added. Note: Expense stops include reimbursement for taxes so be sure to include the tax recapture portion at a level commensurate with the state of the economy.

In most buildings there is additional income from sources other than expense recapture. Parking income (for parking located on the same tax account) should be included and any other regular, sustainable income (itemizing by name on the report). We believe that antennae income may not be tangible real estate income and generally do not include it. At full market rents there is no additional income from expense recapture other than a percentage of current actual expenses (generally without full management fees).

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Balancing Rents, Occupancy and Cap Rate
In a dynamic market with rents and occupancy moving quickly one direction or the other, there can be a significant impact on value from the perceived risk rate. Falling rents will increase occupancy and reduce risk when applying the new lower rent in financial analysis, and vice versa. There must be a corresponding and appropriate cap rate.

As note elsewhere herein, it is impractical and incorrect to apply the lowest cap rate with the highest rents. In the peculiar circumstance of the Houston CBD for 2004 with exceptionally low rates and low occupancy, we believe that it may be necessary, in applying the market rent, to accommodate that rent with higher than market occupancy and an appropriately low cap rate.

The table hereon shows what we believe to be the relationship between rents and cap rates for the Houston CBD for 2004. The table on the succeeding page seeks to further analyze the entire strata or rents by showing an anticipated narrowing of the range between lowest and highest rents as rents fall.

Houston CBD

Cap Rate - Rental Rate - Occupancy Balance Study

As of January 1, 2004

Highest Net Rent Small Tenants

Effective Gross Rent

Applicable Cap Rate

Relative Market Occupancy

$10.00

$17.00

7.50%

87.00%

$11.00

$17.71

8.00%

85.00%

$12.00

$18.43

8.50%

83.00%

$13.00

$19.13

9.00%

81.50%

$14.00

$19.81

9.50%

80.00%

$15.00

$20.46

10.00%

78.00%

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Influence and Importance of Sales, Including Sale of the Subject
The process for measuring investment value

We believe that an analysis of sales of like-kind competitive properties and, as well, of the subject property, can provide useful information but not nearly to the extent than many Appraisal Districts think.

Any sale, by the very nature of the real estate business, is a leased fee sale (a sale in consideration of leases in place at rents and terms achieved by unknown influences). The most important thing a buyer considers is who is paying the rent – the credit in the equation. An investment sale of an income producing property is, essentially, an analysis of the credits, what their stability is, how well they are doing in the subject property, and how the market has changed since each individual tenant took possession. If, for example, market standards for any one tenant have changed (like a grocery occupying a much smaller space than newer leases), although the tenant may be strong credit and apparently performing well, there is a good chance the tenant will vacate at lease termination in order to move to more contemporary space.

To properly analyze the importance of a sale, one must:

        I.            Measure each and every lease for rate and terms.

a.       Break the lease and rents down into components of value for real estate and non-real estate influences.

b.       Increase or decrease the rent of each tenancy by Jan.1 market standards.

     II.            Measure the occupancy of the sale in terms of market standards.

   III.            Estimate the efficiency of selling management for controlling operating expense.

   IV.            Determine the source and cost of buyer’s funds and assess for market standards.

      V.            Determine the intentions of both seller and buyer to determine reasons for sale.

   VI.            Determine Buyer’s expectations for future growth of the market and usefulness of the property for Buyer’s intentions.

 VII.            Determine the weight given to creditworthiness of tenants and eliminate all consideration and value associated therewith.

VIII.            If there is reasonable estimation of the property’s NOI whereby a cap rate can be assigned to the transaction, determine the property’s status relative to the subject by all the preceding measures to adjust for an appropriate cap rate for the subject.

Example:

        I.            A shopping center that is 100% leased with a popular credit tenant occupying 90% of the space sells for an effective yield of 9%. 100,000 sf at $6.0 million - $60 psf. - $540,000 NOI.

     II.            A shopping center which is 50% vacant and has only a local Mexican Restaurant and a bankrupt small department store sells at a yield of 1.5% - 100,000 sf at $6.0 million - $90,000 NOI

   III.            A 100,000 sf center, 100% leased with a 50,000 sf Bingo hall and 3 strip joints sells for $6.0 million with a $1.0 million NOI – a 16 2/3% yield.
What is the cap rate? 9%, 1.5% or 16 2/3%? Is the value of a 100,000 sf center $60.00 psf?

What if Number 1 was bought by a REIT with 6% cost of funds?
What if Number 1 was bought by a family with 10% cost of funds?
What if Number 1 was bought by the Seller of Number 3 who wanted to run everybody out
so that he could expand his porn business?
How about if Number 2 was bought by the same party who was buying the defunct business of the department store tenant?

Too many questions – too little information. No decision on cap rate and value.

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