Category: Small Business

Commercial Real Estate Leases: The Basics

Leases: The Basics

 

Whether you are a property owner with leasable land or space or an individual looking for space to lease, it’s important to know the basics of the types of leases that are most common in the commercial real estate world.

Gross Lease

In a gross lease (also known as a full-service lease) the tenant pays a flat monthly rate while the landlord remains responsible for all operating costs of the property including taxes, insurance, and maintenance, as well as other expected costs, such as janitorial service. Because landlords must cover all of the property’s operating costs, the rental rate for gross leases is generally higher than for a net lease. In exchange for paying a higher rate, the tenant has the security of a fixed monthly rent payment, minimizing the possibility for variations in their operating costs, making budgeting more predictable and less complicated.

Net Leases

Net leases shift some or all the operating costs associated with a property to the tenants, and tenants are responsible for that cost in addition to their regular rent. There are three types of net leases: single, double, and triple. Tenants with a single net lease are responsible for one of the operating costs associated with the property, generally the property taxes. With a double net (net-net) lease, the tenant assumes the cost of two of the operating costs, generally the property taxes and insurance. With a triple net (NNN) lease, the tenant assumes all of the property’s operating costs, which include taxes, insurance, and all maintenance costs. Lastly, there is a variation of the triple net lease called absolute net lease (also known as a bondable lease). This type of lease relieves the property owner/investor from all financial obligations and risks associated with the property, including taxes, insurance, structural maintenance, and debt liability. All those obligations are passed on to the tenant normally in exchange for a lower base rent.

Benefits of Net Leases

From the landlord’s perspective, entering into a net lease can simplify the management and operation of the property, which can be especially beneficial if they own multiple properties. Furthermore, net lease rates are typically made for longer terms, which gives the landlord the benefit of long and stable income from the property.

Because net lease tenants assume more of the unpredictable costs associated with maintaining the property, their base rent is often at a reduced market rate. This can mean considerable savings in rent over the long term of the lease. While annual rent increases may be built into the lease agreement, they usually remain below the rate one would pay with a gross lease.

Ground Lease

Yet another variation of a net lease is a ground lease. An owner with undeveloped land may enter into a ground lease in which the lessee agrees to incur the cost of developing the property (i.e., construct a building or business on the land) and in exchange, pays only a NNN lease on the land. Ground lease terms are long, generally 50 to 99 years, but when the lease term ends, the ownership of the both the building and the land revert to the owner.

Negotiating a Lease

Before entering into a lease agreement as “lessor” or “lessee”, know your options so that you can benefit the most from the deal. Agents at Kelley Commercial Partners have the knowledge and experience to walk you through the process and negotiate with your best interests in mind.

Opportunity Zones: The Basics

What are opportunity zones?

Opportunity zones were created by congress as part of the Tax Cuts and Jobs Act of 2017 to spur economic growth in economically distressed communities. In April of 2018, Gov. Asa Hutchinson proposed 85 tracts around the state be designated as official Opportunity Zones in Arkansas. By December of that year, the US Department of the Treasury confirmed this proposal and all 85 tracts were designated as Qualified Opportunity Zones (QOZs). There are more than 8,700 designated zones nationwide that provide tax incentives for private investment in low-income communities. Opportunity Zone properties around the state vary greatly. They include urban/downtown, industrial, suburban, and rural areas—but each QOZ shares the same need of a spur in economic growth and job creation. Click here to view an interactive map of opportunity zones in Arkansas.

How do they work?

Investors who wish to take advantage of this program have 180 days to reinvest any prior eligible capital gains into a Qualified Opportunity Fund (QOF) and by doing so, they receive several tax incentives on those gains. The QOF is created to invest in an opportunity zone property with at least 90 percent of its assets dedicated to the QOZ. By reinvesting all or a portion of their gains into a QOF, the investor’s capital gains tax may be deferred until the sale of the QOZ investment or until December 31, 2026, whichever comes first. If the QOZ is held for five years, the investor will benefit from a 10% exclusion of the deferred gain; holding it for seven years will increase the exclusion to 15%. Investors who hold the QOZ for at least 10 years will eliminate paying a capital gains tax on appreciation of the QOZ property.

Who benefits?

Investors benefit from the preferential tax treatment while communities benefit from property improvements, job creation, and new businesses. Small businesses operating in the opportunity zone may also benefit with an equity investment from a QOF. There are requirements that must be met to qualify as an Opportunity Zone Business (QOZB), which are outlined in detail in the New Proposed Regulations.

The Opportunity Zones program is a unique and effective economic development tool and an important part of making our communities and neighborhoods stronger, safer, and more economically healthy. As Opportunity Zones grow and prosper, the communities around them reap the benefits, which in turn, benefits everyone.

Learn more:

IRS: Opportunity Zones

Arkansas Economic Opportunity Zones

The information provided here in is not to be construed or relied upon as legal or tax advice.

 

Dog Days? Pretty Paws!

Breckenridge Village

Is your pooch looking a little unkempt during these “Dog Days” of summer? Well, our newest tenant at Breckenridge Village Shopping Center, Pretty Paws Pet Grooming, can get your fur baby looking and feeling great again. Tabbitha Taber and Dominick Maida opened this boutique pet grooming salon on May 20th of this year.

Tabbitha and Dominick make a great team. She handles all the pups in the front of the shop, while he handles all the biz in the back. Of course, Dominick will often step out of the office to play with a pup or two. Can you blame him?

Tabbitha has been grooming dogs for about seven years, and in spite of the daily occupational hazard of a dog bite, she absolutely loves what she does. She says, “I love all animals!” At home she has four dogs, four cats, and a rabbit.

Tabbitha started her pet grooming journey as a bather at a shop in Bryant and as she observed the groomers, she knew right away that she had found her passion. Anxious to learn, she spent the next year training in Bryant with a groomer who specialized in show poodles. Since then, she has worked at a number of veterinary clinics and grooming salons before the opportunity to open her own place presented itself. One evening the couple was visiting Angie Creal, owner of Axis Salon in Suite A7 of Breckenridge Village when they noticed the “For Lease” sign in the window of the space downstairs. “It just happened to be the perfect size and had some other features which were exactly what I was looking for to open Pretty Paws,” says Tabbitha.

Working with leasing agent, Brooke Miller and property manager, Missy Cherry, Tabbitha and Dominick signed a lease and got to work. The result is a fun, colorful space designed to keep the animals happy and safe. “It’s all about the animals,” she says. Of course, she loves to please her two-legged clients too, but Tabbitha readily admits, “If I didn’t have to have money to live, I would do this [job] for free!”

Pretty Paws is located in Breckenridge Village Shopping Center at 10301 N. Rodney Parham, Suite A3. They are open Monday through Friday from 8 a.m. to 6 p.m. and are currently offering a 20 percent discount to customers who send a referral. Military and senior citizens (65+) always receive a 10 percent discount.

Arkansas Osteopractic Thrives in Breckenridge Village

Ben Milholen, Arkansas Osteopractic

In October of 2019, physical therapist Ben Milholen opened Arkansas Osteopractic in Breckenridge Village at the corner of N. Rodney Parham and Interstate 430. After four short months, and working through the challenging ups and downs of starting a new business, Milholen had surpassed his plan for growth — and then the pandemic hit. His practice was essentially shut down for two months and he found himself starting over six months after opening. “However, once things got going again, they really took off,” said Milholen. Arkansas Osteopractic now manages a full schedule of patients every day and Milhollen, pending approval, is looking to add therapists representing multiple therapy disciplines to the practice.

Milholen, a graduate of the University of Central Arkansas’s DPT program, has been a practicing physical therapist since 2011. Prior to opening his practice, he was at CHI St. Vincent.

In January, the American Academy of Manipulative Therapy named Arkansas Osteopractic the 2020 Clinic of the Year. Milholen expressed gratitude to his patients for their support and the confidence they have in him.

The clinic offers a wide range of services from electrical stimulation to therapeutic and functional exercises. “ … the clinic is evolving into more than what I had imagined … ,” said Milholen.

Kelley Commercial Partners congratulates Ben Milholen for his tenacity and success during a challenging time. Arkansas Osteopractic is located at 10301 N. Rodney Parham, Suite B-3 in Little Rock and is open from 9 a.m. to 5 p.m., Monday through Friday. A full list of services and pricing are available on the website. Call (501) 615-8046 to schedule an appointment.

High Cotton Decor now open at The Shoppes at Rodney Parham

Dani and Tim Martin

The Shoppes at Rodney Parham in West Little Rock welcomes High Cotton Decor, a charming, family-run store that specializes in unique home decor and handcrafted gifts. Owners, Dani and Tim Martin opened this WLR location to operate as a “sister-store” to The Cotton Shed Vintage Market, a 32,000 SF store in Bryant that hosts more than 200 local vendors from all over the state. High Cotton has high standards, which is why Ms. Martin says she sources most of the merchandise in her store from local artists and vendors, seeking out southern makers as well as items that support the fight to end human trafficking.

DIY Studio

DIY Studio

Feeling creative? Grab an apron and take a seat in the DIY Studio to create your own art. The store is currently stocked with festive holiday decor and unique gifts to brighten anyone’s day. They are even offering free, contactless delivery in Little Rock and Bryant areas. The store is open Wednesday through Saturday from 10 a.m. to 4 p.m. at 10020 N. Rodney Parham Rd.

Tim and Dani are working hard to get their online store up and running, but until then, you can find their products in the store or on ArkansasAlley.com. Be sure to check out their Facebook page!

For leasing information at The Shoppes at Rodney Parham, contact Brooke Miller or Cheryl White at 501.375.3200.

High Cotton Gifts

Holiday decor and unique gifts