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Canadian Commercial Real Estate Terminology
A
ABSORPTION RATE -
The amount of office space taken off the market in a given locality within
a specified period, usually one year.
ACCREDITED MANAGEMENT
ORGANIZATION (AMO) - A designation conferred by the Institute of Real
Estate Management to real estate management firms that are under the
direction of a CERTIFIED PROPERTY MANAGER and comply with stipulated
requirements as to accounting procedures, performance, and protection of
funds entrusted to them.
ADDENDUM - A
legal document that adds to or amends the terms of a standard form lease.
ADDITIONAL RENT -
Is the total reimbursements the tenant pays under the lease in respect to
expenses of the landlord. Expenditures for real estate taxes, insurance,
maintenance, utilities, janitorial, management fees, and other items paid
in conjunction with the operation of the building.
AGENCY - A legal
relationship created when an individual (the principal) delegates to
another (the agent) the right to act on behalf of the principal in
business transactions, specifically the leasing of office space.
AGENT - An
individual authorized to represent and act on behalf of another person or
entity, (referred to as the principal.)
ALO - A
designation offered through REIC in leasing, called an Accredited Leasing
Officer.
AMENITIES -
Tangible and intangible features that enhance and add to the subject
property's desirability and perceived value, e.g., cafeteria, indoor
parking, special janitorial services.
ANCHOR TENANT - A
major shopping centre tenant that will draw the majority of customers.
ANCILLARY TENANT
- A shopping centre tenant that occupies a smaller space and a location
that is secondary in relation to the anchor tenant.
ASSIGNMENT - The
transfer of title, right, and interest in certain real property. The
document used to convey a leasehold is called and "assignment of lease."
ASSIGNMENT OF LEASE
- The transfer of all a lessee's title, right, and interest in certain
real property. Also, the document used to convey a leasehold is called an
assignment of lease rather than a deed. (See also Sublease.)
ATRIUM - The
central area of a building, equipped with a ceiling of translucent
material that allows natural light to fall on the interior.
AUDIT - An
inspection of accounting records and procedures, conducted by a trained
person, to check their accuracy, completeness, and reliability.
B
BASIC RENT - Minimum
monthly rent payments, as set forth in a retail lease, excluding
pass-through, percentage rents, and other additional charges.
BASE YEAR - The year in
a lease term used as a standard in a rent escalation clause. Operating
costs in the next year are compared with costs in the base year, and
tenant's rent is adjusted either up or down.
BAY DEPTH - The distance
from a building's corridor wall to the outside window or wall.
"BOILERPLATE" LEASE -
The owner's lease form containing clauses that are usually standard for
all tenant-owner relationships.
BREAKPOINT - In retail
leases, the point at which the tenant's percentage rent is equal to the
base rent and beyond which the tenant will begin to pay overages; also
called natural breakpoint. Sometimes tenant and owner negotiate an
artificial breakpoint which allows the tenant to begin paying percentage
rent either before or after the natural breakpoint is reached.
BUILD-TO-SUIT - An
arrangement between a shopping centre developer and a large tenant
(supermarket, department store, fast food franchise, bank, etc.) whereby
the developer agrees to construct the tenant's building according to the
tenant's specific instructions. The tenant will then lease that building
and the site from the developer.
BUY-OUT - A form of
concession whereby an owner or developer arranges to pay for the rent of a
tenant's lease term so that the tenant will relocate to the owner's
shopping centre or move out of a space that the owner wants to use for
another purpose.
BUILDING OWNERS AND
MANAGERS ASSOCIATION (BOMA) - A national organization of professionals
active in the commercial real estate sector.
BUILDING MODULE - A unit
of length and width by which a building's plan is standardized,
facilitating office space design and layout.
BUILDING STANDARDS - The
specific items of construction which a developer or owner decides to use
throughout a building; for example, in an office building, building
standards would include a certain type of carpeting, wall and floor
coverings, etc.
C
CANVASSING -
Contacting prospective tenants by telephone or in person in order to
interest them in leasing space. (See also cold calling.)
CAPITALIZATION RATE - A
rate used to calculate an estimate of a property's value based on that
property's income.
CASH FLOW - The amount
of spendable income from a real estate investment; cash available after
all payments have been made for operating expenses and mortgage principal
and interest.
CERTIFIED PROPERTY
MANAGER (CPM) - The professional designation conferred by the Institute of
Real Estate Management on those who distinguish themselves in the areas of
education, experience, and ethics in property management.
CHAIN STORE - One of a
group of retail stores operating under the same ownership that carries
similar goods. National, regional, and local chains are defined in terms
of the geographic areas they serve and the numbers of stores they operate.
CLOSTING - After final
negotiations, the signing of a lease.
COLD CALLING - Calling
on prospects with whom the agent has had no previous contact in order to
interest them in leasing space.
COMMON AREA MAINTENANCE
(CAM) CHARGES CLAUSE - In a retail lease, this clause stipulates how much
the tenant will pay for maintaining the common area -- that area within a
shopping centre or mall which tenants use in common; i.e., courtyards,
escalators, sidewalks, skyways, parking areas, etc.
COMMUNITY SHOPPING
CENTRE - A shopping centre of 100,000 square feet to 299,000 square feet
in size.
CONCESSION - A benefit
granted by the owner to encourage the leasing of new space or to retain a
tenant; usually related specifically to the rental rate or improvement
allowance.
CONSTRUCTION RIDER -
That part of the lease that lists in detail all work that is to be done
for the tenant by the landlord; also called a workletter.
CONSUMER PRICE INDEX
(CPI) - A way of measuring consumer purchasing power by comparing current
costs of goods and services to those of a selected base year.
CONTINUOUS OCCUPANCY
CLAUSE - A lease clause that requires the tenant to occupy the space
continuously throughout the lease term.
CONTINUOUS OPERATION
CLAUSE - A retail lease clause that requires tenants to keep their stores
fully stocked at inventory levels equal to (1) when they first opened for
business (2) their stores in other locations, or (3) stores offering
similar merchandise in the area. There may also be requirements regarding
store hours, staffing, and business name.
CONVENIENCE CENTRE - A
small shopping centre anchored by a quick-stop food store and occupied by
other service-oriented tenants.
CO-INSURANCE CLAUSE - A
clause found in property insurance policies intended to encourage insuring
the full value of a property. A co-insurance clause states that if you are
insured for less than a certain percentage of the replacement value of
your property, you suffer a penalty in the case of a claim.
CO-OPERATING BROKER - An
agent who brings a suitable prospect for a particular location to the
broker who represents the owner of the site, or vice versa, thereby
qualifying for a portion of the commission fee; also called an outside
broker.
CORE SPACE - The central
or arterial area in a building that houses the building's function and
service needs; usually includes elevator banks, washrooms, stairwells, and
electrical and janitorial closets.
CORRIDOR - A hallway or
a passageway which provides a common way of travel to an exit, another
office, etc.
COST-PLUS METHOD - The
method a general contractor uses to estimate costs based on costs of labour (time) and materials plus a percentage fee; also referred to as
time-and-material method.
COVENANT - A promise by
one party to another of performance or non-performance of certain acts or
a promise that certain conditions do or do not exit.
CREDIT RATING -
Evaluation of a company or individual's financial trustworthiness,
particularly with regard to meeting obligations.
CURB APPEAL - The
aesthetic image and appearance a building projects; the first impression
it creates.
D
DEBT SERVICE - The
periodic payments (principal and interest) made on a loan.
DECLINING PERCENTAGE
RENT - A negotiated percentage rent structure such that the tenant pays a
smaller percentage of gross sales after a specified sales volume is
reached.
DEFAULT - Failure to
make either a mortgage or lease payment; nonperformance of the terms of a
loan or lease.
DEFERRED MAINTENANCE -
Ordinarily, unperformed maintenance on a property that noticeably affects
its use, occupancy, welfare, and value.
DEMAND - In marketing
terms, the willingness and ability to purchase a commodity or service.
Demising wall A partition or wall separating one tenant's leased space
from that of another tenant.
DEMOGRAPHICS PROFILE -
The social and economic statistics of a specific population, including
population density, age, education, occupation, and income.
DESTRUCTION PROVISION -
A lease provision stating the applicable procedure and rights in the event
that the leased premises are damaged or destroyed by fire or other mishap.
As a rule, the lessee will be held financially liable if deemed
responsible.
"DIGNIFIED USE CLAUSE" -
The provision in a retail lease that the merchant will not use the
property in a way that will damage the image or reputation of the centre
as a whole.
E
EQUITY - An owner's
interest or value in a retail property over and above any mortgage or
claim on it by others based on money invested.
EQUITY FINANCING -
Capitalization of a retail project through partnerships or other
investment entities that acquire an interest in the project.
ESCALATION CLAUSE - In a
retail lease, a provision requiring the tenant to pay more rent based on
increased operating costs, changes in a given economic index, or an
agreed-upon schedule stated in the lease.
ESTOPPEL CERTIFICATE - A
document by which the tenant states the terms of the rent agreement and
the full amount of rent to be paid for the entire term of the lease;
commonly requested as part of a transfer of ownership or refinancing.
EXCLUSIVE USE CLAUSE - A
clause preventing the owner from leasing space to other retailers that
sell merchandise similar to that specified in the tenant's lease.
EXHIBIT - A lease
attachment elaborating on points in the standard lease.
F
FESTIVAL CENTRE - A type
of specialty centre, usually located in an historical section of the city,
which creates a unique shopping environment using imaginative architecture
and nearby natural resources. Draws mostly from the tourist trade;
merchandising concentrated in restaurants and souvenir-type goods; may be
anchorless.
FIXED EXPENSE - A
regular expense that does not vary according to sales volume.
FIXED RATE OPTION - The
tenant's guaranteed right to renew at the end of a lease term at a
previously determined rental rate.
FLOOR LOAD CAPACITY -
The weight per square foot that a building's floors are able to sustain.
FOOD COURT - An area in
a shopping centre, usually in an enclosed mall, where different kinds of
food are available from individual vendors selling from separate stalls.
FRANCHISE - An exclusive
right two sell a product or perform a service; in retailing, an individual
will purchase this right from a chain store or other type of parent
corporation and operate the store according to the rules and regulations
of the franchiser.
FREESTANDING RETAIL
SPACE - A store that is not an integral part of a shopping centre,
enclosed mall, or mixed-use development; also called pad space. Many
downtown department stores are freestanding.
FRONTAGE - The section
of a store that faces the street or the pedestrian walkway in a mall; also
refers to window display area and entrance.
G
GROSS LEASE - A lease
that allows the tenant to pay a fixed rent while the owner pays all
operating expenses for the property. (See also net lease.)
GROSS PROFIT - The
retailer's sales income minus the cost of the goods sold; sometimes the
cost of returns is also subtracted from the total.
GROSS SALES - The total
sales that the retailer makes during a financial period, usually a
calendar year.
GROUND LEASE - A lease
that gives the tenant the right to use and occupy the land under a
property. Under a subordinated ground lease, the owner offers the land as
collateral for the mortgage commitment on the property. If the ground
lease is unsubordinated, the land will not become collateral for the
mortgage.
GUARANTY - A lease
clause or addendum that promises the owner that, in case of tenant
default, the tenant's rent will be paid and all other obligations
performed. The individual or organization making such a pledge is called a
guarantor.
H
HOLD HARMLESS LEASE
CLAUSE - A standard provision that states that the owner will not be
liable for damages or injury sustained in, on, or about the leased
premises; also referred to as an indemnification clause.
HVAC - A building's
heating, ventilating, and air conditioning system.
I
INDEX ESCALATION CLAUSE
- A provision in a retail lease whereby the rental rate is adjusted
according to a specified cost-of-living index.
INDUSTRIAL SHOPPING
CENTRE - A type of specialty centre based around stores and services
having to do with plumbing fixtures, hardware items, or the care of
automobiles.
INFLATION - An increase
in the prices of goods and services as a reflection of increased spending
in relation to the supply of goods.
IN-HOUSE AGENTS -
Leasing representatives who work for a particular developer, owner, or
retailer; they are paid a salary and normally do not receive commissions
as part of their compensation.
INSTITUTE OF REAL ESTATE
MANAGEMENT (IREM) - A professional association affiliated with the
NATIONAL ASSOCIATION OF REALTORS for persons who meet professional
standards of experience, education, and ethics with the objective of
continually improving their managerial skills by mutual education and
exchange of ideas and experiences.
INSURANCE PROVISION - A
lease clause requiring the tenant to obtain a certain amount of public
liability insurance and name ownership as co-insured in that policy.
INTERIM LOAN -
Short-term, generally higher interest, financing for new or existing
projects. (See also permanent loan.)
K
KIOSK - A booth or stall
set up in a shopping centre, sometimes on a temporary basis, to sell goods
such as tobacco, newspapers, magazines, seasonal merchandise, candy, keys,
and other small impulse-purchase items.
L
LANDLORD - The owner of
the leased premises. (See also lessor.)
LEASE - A contract
between owner and tenant that transfers to the tenant the right to use a
piece of property for a specified length of time under specific
conditions.
LEASING PLAN - For a
given retail site, the statement of rental rates and suitable tenants for
specific space, usually presented to the owner or developer in the early
stages of prospecting.
LESSEE - The tenant in a
lease agreement.
LESSOR - The landlord in
a lease agreement; the property owner.
M
MAINTENANCE - Care and
work necessary to keep a property in good physical and operating condition
and appearance.
MANAGEMENT - The job of
planning, organizing, and controlling a business enterprise; the persons
in an organization who are engaged in management.
MARKET RENT - The rent a
retail site could command under prevailing market conditions.
MARKET RESEARCH - The
gathering of information about a trade area and a particular retail site
pertaining to population, economy, local industries, per capita
expenditures, the competing retail sites, and sales potential.
MARKET SHARE - That
portion of consumer dollars spend on a particular merchandise category
which a given retailer can capture.
MARKUP - The difference
between the selling price of an item and its cost; also called mark-on.
MEGAMALL - An enormous
enclosed mall three or four times the size of an ordinary regional
shopping centre and including retail space, hotels, restaurants,
entertainment facilities, and amusement park-type amenities.
MERCHANT'S ASSOCIATION -
An organization formed in shopping centres and controlled by the tenants
to plan promotions and advertisements for the good of the centre as a
whole; usually all tenants are required to participate and both tenants
and landlord pay dues.
MINIMUM RENT - The rent
which will always be due each month in a tenant's lease term, regardless
of sales volume and exclusive of any additional charges. Often used in
conjunction with a percentage rent arrangement, sometimes called
fixed-minimum rent.
MIXED-USE DEVELOPMENT (MXD)
- A type of real estate project, often found in central business
districts, that develops a single property for several different purposes,
including hotel, office, residential, and entertainment.
MULTI-TENANCY FLOOR - A
floor of an office building that houses several businesses.
N
NEGOTIATIONS - The
process of bargaining by tenant and owner to reach a mutually profitable
agreement on rental rates, term of the lease, options, and other points.
NEIGHBORHOOD CENTRE - A
shopping centre typically anchored by a supermarket or drugstore and
having a Gross Leasable Area of 50,000 - 99,000 square feet.
NET EFFECTIVE RENT - The
amount of rent a tenant actually pays when extra improvement allowances
and other concessions are taken into account; contrasts with the quoted
base rent that is stated in the lease.
NET LEASE - A lease
specifying that the tenant will pay a share of the owner's operating
expenses, real estate taxes, and insurance premiums, usually in return for
a lower base rent. The terms net-net and net-net-net (or triple net) are
also used. These terms are being discontinued in use, as their meaning is
not clear in spelling out who pays, and what are the services offered.
NET OPERATING INCOME (NOI)
- The money available to an owner or developer after deducting a
property's operating expenses from its effective gross income. Debt
service is deducted from NOI to determine cash flow.
NOTICE CLAUSE - In a
retail lease, the clause that establishes the proper method and time frame
each party must use to inform the other of matters that require
notification as provided in the lease.
O
OCCUPANCY COST - The
retail tenant's cost of the leased space; includes base and percentage
rent plus pass-through operations such as insurance, real estate taxes,
utilities, common area maintenance, management and marketing fees, etc.
OCCUPANCY LEVEL - The
relation of space already rented to the total amount of leasable space
(Gross Leasable Area) in a centre, expressed as a percentage. (See also
vacancy rate.)
OFFICE BUILDING - A
single or multistory building designed for conducting business, generally
divided into individual offices and offering space for rent or lease.
OPEN SPACE PLAN - An
office design eliminating fixed partitions and allowing tenants to
rearrange their work stations as the need arises.
OPERATING EXPENSES - The
expenditures for real estate taxes, salaries, insurance, maintenance,
utilities, and similar items paid in connection with the operation of a
retail site or centre and which are properly charged against income.
OPERATING STATEMENT
-
The record of a retailer's or developer's income and expenses over the
course of a year; details expenditures and the percentage of income that
can be expressed as profit.
OPTION - In a retail
lease, a statement of the tenant's right to obtain a specific condition
within a specified time; often incorporated as an addendum. Typical
options are renewal, expansion, and cancellation.
OUTLET CENTRE - A type
of specialty centre comprised of at least 50 percent factory outlet stores
offering name-brand goods at discounted or wholesale prices; usually the
manufacturer is operating the store, eliminating the retail markup.
OVERHEAD - The cost of
doing business (i.e., wages, salaries, rent, common area fees, insurance,
taxes, utilities, etc.) that cannot be charged to a particular part of the
operation; in retailing, usually all expenses exclusive of the cost of
goods sold or inventory.
OVERHOLDING - It occurs
when the tenant remains in possession after the term expires.
P
PARKING AREA RATION -
The relationship between the size of the parking area and the size of the
retail building.
PEDESTRIAN MALL - In
downtown shopping areas, a blocked-off set of streets containing stores
where people can shop without interference from automobile traffic.
PERCENTAGE RENT - Rent a
tenant pays that is based on a percentage of gross sales or net income;
often set against a guaranteed minimum rent, and therefore considered
"Supplementary Basic Rent."
PERIODIC TENANCY -
Tenancy on a periodic basis, commonly month-to-month. In the absence of an
expressed agreement, the monthly tenancy is terminated on one month's
notice.
PERMANENT LOAN - A
long-term loan used to finance the purchase of an existing project or to
replace the construction loan for a new development; a mortgage.
PRELEASING - The leasing
of a large retail project before and during construction to ensure a high
occupancy level when completed; often necessary to obtain financing.
PRO FORMA - A financial
statement developed by the owner and projecting costs for a retail site
based on assumptions about construction, financing, leasing rates, and
operating costs; also projects gross income and net operating income of a
property.
PROPERTY MANAGER - The
person who supervises the operation of a property, making sure it is
properly leased, well maintained, competitive with other sites, and
otherwise managed according to the owner's objectives.
PRO RATA SHARE - The
gross leasable area (GLA) of the tenant's site divided by the GLA of the
premises, the resulting fraction being used to compute the tenant's share
of operating expenses, HVAC charges, common area maintenance (CAM) fees,
taxes, insurance, etc.
PROSPECTING - The search
for potential tenants by referrals, canvassing, and cooperation with other
brokers.
Q
QUIET ENJOYMENT - A
clause in most leases stating that the tenant has a right of peaceful and
disturbance-free possession of the premises, and that ownership will
protect the tenant against the claims of others.
R
RADIUS CLAUSE - Article
in a retail lease that prevents a retailer from opening and operating
another business, whether competitive or not, within a certain radius from
the shopping centre.
REGIONAL ANALYSIS - An
examination of the general economic and demographic conditions and
physical aspects of an area surrounding a shopping centre and the trends
that affect it.
REGIONAL CENTRE - A
shopping centre with one or more full-line department stores and a Gross Leasable Area of 300,000 - 1,000,000 square feet.
RENT ROLL - A record of
rents and other income payable from and paid by tenants.
RENTABLE AREA - The
interior area in a building, usually expressed in square feet, which a
tenant leases. Can be computed differently according to the measurement
system used. Usually includes a percentage of common areas, making it a
higher figure than the actual usable area.
RENTAL CLAUSE - In an
office lease, a provision stating the amount of rent to be paid, the
method of payment, and to whom the payment is to be made.
RIGHTS AND NEGOTIATIONS
- A section of a typical office lease clearly outlining the rights and
obligations of the parties named in the lease.
S
SECURITY DEPOSIT - A
payment by tenant to ownership before occupancy as a guarantee that lease
conditions will be met.
SHELL SPACE - The
condition of a tenant's space before occupancy and before any tenant
improvements. For retail space, definition may vary with regional location
and type of shopping centre.
SINGLE-TENANCY FLOOR -
An office building floor housing a single business.
SITE PLAN - A drawing of
the retail site as it will look when it is completed, including individual
tenant spaces, common areas, elevators, escalators, food courts, service
areas, parking, and access routes.
SPACE PLANNING - The
process of deciding how office space can be most efficiently and
effectively used; based on a potential tenant's operational and aesthetic
requirements and financial limitations.
SPECIALTY CENTRE - A
shopping centre characterized by the use of a dominant theme or image and
concentrating on a particular type of merchandise. Often these centres
have no conventional anchor tenant.
STANDARD FORM LEASE - A
basic lease form into which specific clauses or provisions may be written.
STRIP CENTRE - A type of
shopping centre designed in a single, unenclosed strip facing the street.
Less than 50,000 square feet in size.
SUBLEASE - A lease given
by one tenant to another to create a sub-tenancy, usually only for the
duration of the original tenant's lease term. Original tenant remains
liable to owner in case of default by subtenant. (Compare Assignment.)
SUBORDINATION -
The condition whereby a tenant's lease is transferred to the mortgagee in
the event of a foreclosure on the owner's mortgage.
SUBSTITUTION OF PREMISES
CLAUSE - A lease clause reserving the owner's right to relocate the tenant
to comparable space in the building.
SUPER REGIONAL CENTRE -
A shopping centre anchored by at least three full-line department stores
and having more than 1,000,000 square feet Gross Leasable Area.
T
TAKE BACK CLAUSE - A
lease article giving the owner the right to take back subleased space in
order to rent it to a new tenant.
TARGET MARKET - The
specific group of consumers whom the retailer wishes to attract.
TEMPORARY TENANT - A
tenant that rents for a short period of time, often seasonal or
month-to-month. These tenants sometimes occupy kiosks or carts. (See
periodic tenancy)
TENANCY - The occupancy
or holding of land or other real estate on a rental basis, with or without
a written lease.
TENANT - The individual
or entity that pays rent in order to exclusively occupy a retail site for
a specific length of time. (See also lessee.)
TENANCT IMPROVEMENT
ALLOWANCE - Funds allowed by the owner for the tenant to use to improve
the premises before move in; exact amount, if any, is negotiable.
TENANT MIX - The
combination of retailers and service vendors leasing space in a shopping
centre.
TENANT PROFILE - A study
and listing of the similar and dissimilar characteristics of a property's
current tenants.
TERM - The duration of a
tenant's lease.
TURNKEY OPERATION - A
concession whereby the owner agrees to provide a completely finished store
space for a retail tenant.
U
USABLE AREA - On a given
floor, any area that could be used solely by a tenant. On a multi-tenant
floor, the gross area minus core space. (Core space includes the square
footage used for public corridors, elevators, washrooms, stairwells, and
electrical and janitorial closets.) On a single-tenant floor, the gross
square footage excluding the building lobby, ducts, stairwells, and
elevators.
USE CLAUSE - A lease
clause indicating the purpose for which the leased space is to be used.
UTILITIES AND SERVICES
CLAUSE - A lease detailing any and all utilities and services that the
owner is to provide the tenant.
V
VACANCY RATE - The ratio
of vacant space to total rentable area expressed as a percentage. (See
also occupancy level.)
VALUATION - The method
of determining the current or probable market value of a new or existing
retail property, useful for developers, brokers, investors, and lending
institutions.
W
WAIVER OF SUBROGATION -
A lease clause whereby tenant and owner both agree not to file insurance
claims against each other for any damages to the property.
WORKING DRAWINGS - Also
called construction drawings. Detailed floor plans, diagramming all tenant
improvements, for the benefit of the contractors who are to do the work.
Z
ZONING - A public
regulation to control the character and intensity of land use.
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