5203 Cortez Road - Finally 100% Leased!

Another one in the books! Leased the very last unit in Scott Paint plaza at 5203 Cortez Rd yesterday. 1,150 SF goes to Budget Signs for 6 years. Congrats, guys. Glad I was able to help. Enjoy your new home!

FYI, this center had 4,600SF+ vacant when I took over leasing duties in November. Good to end the year on such a positive note.

Great marketing = great results. :)

My Moto Droid & XMas Shopping

I love gadgets and I enjoy playing around with new technology. I'm sort of in the anti-iPhone camp, too, mainly because of the network it runs on. Never really liked AT&T too much and would have at least tried the iPhone if Apple had the foresight to sever its ties with that weak network. I've been with Verizon for five years now and have no intentions of leaving. They're pretty solid as far as coverage. So when Verizon got the Google/Motorola Droid back in early November, I decided to wait a few weeks for the reviews to come in and make a decision. Everyone was pretty much fawning over the device, so I decided it was time to retire my Blackberry Curve and give it a shot.

One of the things I am most intrigued with is the phone's ability to use its built-in camera as a UPC barcode scanner. A simple app like ShopSavvy can be installed while you wait in line at the store and be up and running within 60 seconds - and it's free. What ShopSavvy and other similar apps do is scan the UPC code and then broadcast that code to the ShopSavvy servers. The servers identify the product based on the UPC code and then search both web and local sources for retailers with the same product. The end result is being able to see prices other retailers are offering.

For instance, I was in Best Buy (BB) looking for a micro USB cable. The only cable BB had was priced at $14.99. I thought that was high so I used ShopSavvy to scan the barcode and let it do its thing. Three sources came back, all but one of them were sourced from Internet sites. The best price? $4.99 with $2 express shipping. I ordered the product from my phone and walked out of BB empty-handed. In fact, I walked out of a lot of stores for exactly the same reason while Christmas shopping this season.

The operating system on this phone is developed by Google, so there's pretty tight integration between the device and things like GMail, Google Maps, Google Voice, Google Calendar, Street View, YouTube and so on. The Bluetooth in this device is a little buggy at times, but I cannot find too many faults with the phone. You might want to play around with a Droid the next time you're in a Verizon wireless store.

So Long, 2009.

What a year you were.

Business was very much like a roller coaster this past year, with most my deals occurring during the summer and within the past two months (Nov-Dec). Overall I would rate 2009 as not too bad. 95% of my sales came from leasing. Nearly 100% of my leasing deals were taking people out of high rent situations and repositioning them into lower rent opportunities.

I have more bank-owned inventory than I did last year and I am only expecting that to increase. I am also expecting those waiting in the wings for distressed assets to finally start showing up, probably in the mid to latter part of 2010.

Where's the bottom? Who knows. And no one is likely to know until things start turning around. I believe (and have always believed) Florida's geography will help it emerge a little sooner than other distressed areas. If you're looking for a sign, keep an eye on GDP and employment figures.

So here's a toast to the year that was: 2009. Don't let the door hit you in the ass on the way out.

Leased! Leased! Leased! Leased!

Two units leased since December 1 in this strip mall next door to Wal-Mart on Cortez Rd. I have one 1,150sf unit left and that one looks like it might be spoken for. Welcome to Allison's Dance Centre and Purple Coconut Hair Salon. Allison's took 2,250sf for 3 years and Purple Coconut took 1,200sf for 2 years. Out of my approx. 40 listings, this property has been the most active.

Latest Office Vacancy Report (November)

The numbers are in for 11/09. They are as follows**:

Downtown Sarasota: 13.74% (+)
University Parkway: 18.22% (-)
I-75 Fruitville S to Clark: 21.27% (n/c)
Venice: 22.03% (n/c)
North Port: 37.28% (n/c)
Suburban & South Trail: 27.84%

** = does not include sublet space.

Leased Another One! John Deere.

Moline, Ill-based JOHN DEERE, INC. (NYSE: DE) has leased 10,000SF of office and warehouse space for its landscape division at 1360 12th Street in Palmetto from HDVN, LLC. Deere, a $28-billion (worldwide sales) company, is ranked 102 in the Fortune 500, and leased the space for 3 years with options. Anthony V. Migliore of Coldwell Banker Commercial represented the tenant. The landlord was self-represented.

Orion & Century Bank Shut Down

Two more local banks go down.

Regulators shut 2 Fla. banks; 122 failures in '09
Regulators close Orion Bank and Century Bank in Florida; 122 US bank failures this year

* By Marcy Gordon, AP Business Writer
* On 7:49 pm EST, Friday November 13, 2009

WASHINGTON (AP) -- Regulators on Friday shut down two Florida banks, boosting to 122 the number of U.S. bank failures this year as loan defaults rise in the worst financial climate in decades.


The Federal Deposit Insurance Corp. took over Orion Bank, based in Naples, Fla., with about $2.7 billion in assets and $2.1 billion in deposits, and Sarasota-based Century Bank, with $728 million in assets and $631 million in deposits.

IberiaBank, based in Lafayette, La., agreed to assume all of Orion Bank's deposits and $2.4 billion of its assets, as well as Century Bank's deposits and $706 million of its assets.

The FDIC will retain the rest for eventual sale.

In addition, the FDIC and IberiaBank agreed to share losses on roughly $1.9 billion of Orion Bank's loans and other assets, and on about $656 million of Century Bank's.

Orion Bank's 23 branches will reopen Saturday as offices of IberiaBank. Century Bank's 11 branches will reopen during normal business hours, starting on Saturday.

The failure of Orion Bank will cost the federal deposit insurance fund an estimated $615 million; that of Century Bank, $344 million.

With the two closings, 11 Florida banks have failed this year. Failures also have been concentrated in California, Georgia and Illinois.

As the economy has soured, with unemployment rising, home prices tumbling and loan defaults soaring, bank failures have cascaded and sapped billions out of the federal deposit insurance fund. It has fallen into the red.

To replenish the fund, the FDIC on Thursday mandated the roughly 8,100 insured banks and savings institutions pay about $45 billion in premiums in advance that would have been due over the next three years. It is the first time the agency has required prepaid insurance fees. The idea is for banks to spread the costs over three years rather than paying a one-time fee that would deplete their capital reserves.

The FDIC expects the cost of bank failures to grow to about $100 billion over the next four years.

Depositors' money -- insured up to $250,000 per account -- is not at risk, with the FDIC backed by the government. The FDIC still has about $21 billion cash in loss reserves apart from the insurance fund. It can also tap a Treasury Department credit line of up to $500 billion.

Last week brought the closure of the fourth-biggest bank to fail this year: San Francisco's United Commercial Bank, with $11.2 billion in assets. East West Bancorp Inc., parent of East West Bank of Pasadena, Calif., agreed to buy all of United Commercial's deposits and most of its assets.

Banks have been especially hurt by failed real estate loans. Banks that had lent to seemingly solid businesses are suffering losses as buildings sit vacant. As development projects collapse, builders are defaulting on their loans.

If the economic recovery falters, defaults on the high-risk loans could spike. Many regional banks hold large concentrations of these loans. Nearly $500 billion in commercial real estate loans are expected to come due annually over the next few years.

The 122 bank failures are the most in a year since 1992 at the height of the savings-and-loan crisis. They have cost the federal deposit insurance fund more than $28 billion so far this year. They compare with 25 last year and three in 2007.

The number of banks on the FDIC's confidential "problem list" jumped to 416 at the end of June from 305 in the first quarter. That's the most since June 1994. About 13 percent of banks on the list generally end up failing, according to the FDIC.

Is The Bottom Near? Forecast Says So.

Tough to say.

I'm of the belief that rents in certain areas of town cannot go much lower at this point. I have a few properties where, after the pass-through expenses are stripped out of the gross rental figure, the owner is maybe taking in $0.50 a foot or even less at the end of the day. Doesn't leave much room for error. And even with these record low rents, tenants are tough to come by. In some of these cases, theoretically, the property is probably worth more vacant than with a credit tenant in place. Sad but true.

Pricing anything is very difficult due to a lack of reliable comps. I get some ridiculous "drive-by" sign calls from people offering $20/ft for halfway decent downtown property. Can't blame 'em for trying, I guess!

Emerging Trends: "The Bottom is Near!" Predict CRE Forecasters
Most Market Forecasters See a Pricing Bottom Next Year, and at Least One Prognosticator Suggests that Transaction Pricing for Institutional Investment-Quality Real Estate May Have Already Bottomed in the Third Quarter

By Randyl Drummer

November 4, 2009

Having reviewed the next round of commercial real estate surveys, forecasts and emerging trends issued this past week for 2010, about the only good news appears to be that the market has hit bottom -- or will soon. Rents and values have continued to fall across virtually every commercial real estate sector and across almost every market.

However, forecasters see the prospect for near-term opportunity once the markets bottom out, bringing a long-expected deluge of loan workouts, write downs, defaults and foreclosures -- along with the time-tested rush by patient, cash-rich investors, who, with some fortunate timing, will be able to tap some very attractive buying opportunities at bottom-of-the-cycle prices.

Also, leasing activity is expected to increase as tenants seek to take advantage of sharply lowered rents, resulting in more potential commissions for brokers, but also likely resulting in more pressure on highly leveraged building owners.

At least five major surveys and forecasts have been released since late last week by such influential industry groups as Real Estate Roundtable, the MIT Center for Real Estate, the National Multi Housing Council and NAIOP. PricewaterhouseCoopers and the Urban Land Institute released one of the industry's most widely watched surveys, the annual Emerging Trends in Real Estate, on Thursday morning.

The surveys tend to confirm the 2010 projections made last month by CoStar and its newly acquired analytics and forecasting advisory firm, Property Portfolio and Research Inc. (PPR), which were among the first forecasts to be released. The office vacancy rate stood at 13% at the end of the third quarter, and CoStar forecasts several more quarters of negative absorption and another 300-basis-point increase in the vacancy rate to 16% as the office market trails what's shaping up to be a "jobless recovery." Strong demand for office space is not expected to return until 2011-12, but when it does recovery should be robust, with the national office vacancy rate expected to fall to 10.5% by 2014 if job numbers begin to pick up as expected, according to CoStar and PPR projections.

Looking ahead, CoStar forecasts that the national industrial vacancy rate will rise from 10.2% in the third quarter to as high at 11% next year, but the amount of negative net absorption -- which approached nearly 150 million square feet year to date through the end of the third quarter -- should taper off over the next couple of quarters. The industrial market will slowly resume leasing activity starting in mid-2010, generating reasonably strong positive quarterly absorption through 2013. Rents, however, likely will remain moribund for two or three more years.

Coming off an idle 2009, the next year will likely rank as the slowest year of the modern era for new development, according to projections covering US market conditions presented by CoStar in a series of webinars last month.

A record 900 people participated in this year's Emerging Trends in Real Estate 2010 survey by PricewaterhouseCoopers and ULI. The results won't do much to either comfort the pessimists or encourage the optimists.

Across the board, investor sentiment was at or near record lows. Survey respondents predicted that vacancies will rise and rents will fall in all property types before the market hits bottom next year. Only apartments rated as a "fair" prospect, with all others sinking into the fair to poor range, with respondents especially bearish on retail and hotels. Development prospects ranged from "dead" and "abysmal" to "modestly poor."

"Not surprisingly, the overwhelming sentiment of Emerging Trends interviewees remains decidedly negative, colored by impending doom and distress over prospects for an extended period of anemic demand and costly deleveraging," the report said.

On the other hand, value declines of 40% to 50% off 2007 peaks will present once-in-a-generation opportunities, respondents said. "A sense of nervous euphoria is growing among liquid investors who can make all-cash purchases” from distressed sellers and banks, said ULI Senior Resident Fellow for Real Estate Finance Stephen Blank.

Debt markets will begin to recover, but loans will be conservative, expensive, and extended only to a lender's best customers. REITs and private equity funds will get into the action, providing loans to battered borrowers at a steep price.

The survey finds near-record lows in investment sentiment in every property type. Only apartments registered fair prospects with all other categories sinking into the fair to poor range. Hotel and retail record the most precipitous falls. Development prospects are “largely dead” and drop to new depths and practically to “abysmal” levels for office, retail and hotels. Warehouse and apartments scored only marginally better at “modestly poor.”

READ THE REST OF THE ARTICLE HERE

Leased Another One!

This baby is 90% leased!

Many thanks (and congratulations) to Mr. Horras Sheffield and his wife for renting our nice little 1,000SF retail unit for his upcoming package liquor store. I still have one 1k SF unit left in this strip center at 4034 N Washington Blvd in Sarasota and then it will be 100% leased. Mission not quite accomplished...yet! Landlord is motivated, so bring me something.

Latest Office Vacancy Report (October)

Numbers are in. Most areas with the exception of I-75 Fruitville (down) have edged up. No change in Venice. North Port is edging near 40% vacancy and this does not include sublet space. Herewith the numbers:

Downtown Sarasota: 13.41% +
University Parkway Area: 20.31% +
I-75 Fruitville South to Clark: 21.27% -
Venice: 22.03% (N/C)
North Port: 37.28% +
Suburban & South Trail: 27.84% -

Eh....Loopnet

I think Loopnet is about to come undone pretty soon. I had been a premium member for nearly four years and I (like the majority of other brokers I know) dropped their paid memberships without a thought after Loopnet raised their fees through the roof in 2009. I started out at $59 per month back in late 2005. In 2006, membership fees went up to $69 per month. In 2007, it was $89 per month. In late 2007, I got a notice that 2008 premium membership was going to cost a whopping $129 per month. When I got my notice in October of last year that the 2009 fees were increasing nearly 80% to an astounding $230 per month for 30 listings (I currently have 30+), it was time to cut the cord and go back to lowly basic membership. In a declining market with fewer dollars for brokers to spread around, one has to wonder what these guys are thinking.

Maybe this is why, as of July, their paid membership is down nearly 20% vs 2Q 2008. I think you're going to see some significant declines in their paid membership by the time 09 3Q (due 10/26/09) and 4Q results are released. I don't know a single active broker who has agreed to pay these new fees. Loopnet's telemarketers started calling me around May of this year asking why I left. I'm not shy, so I let them know. I've stopped returning their calls since.

In retrospect, I cannot find one single lease or sale that has occurred as a result of my listings being on Loopnet. Before I terminated my premium membership, I surveyed all my previous deals over a 36 month period, and found nearly every single sale or lease came from one of two sources: the local MLS (Catylist) or a sign in front of the property. None came from Loopnet. That's why, unless they drop their fees significantly, there's little chance I'll go back to being a premium member. The review portion of Loopnet is not well policed, either. I've seen residential agents place items such as beach home and single family residental lot listings on Loopnet in the past - something I don't encounter with Catylist. Also, Loopnet severely restricts a broker's ability to send out prospect blast alerts when there are significant changes in a property's status - a feature Catylist allows. If history is any guide, being on Loopnet is strictly an academic affair, and any academic affair is certainly not worth $230 or even $130 per month to me.

The real irony about all of this is, if you're a basic member, you're only able to see 10% of Loopnet listing inventory during a search. Eventually it will get to the point where most casual searchers won't be able see much of anything at all because the majority of their users will be basic members. Because of this (and the constant nag screens advising you your search is "restricted"), I've stopped using Loopnet as a search tool entirely - it's basically impractical to me as a broker. I still enter all my listings into Loopnet, but I'm not holding my breath that I'll end up doing any business as a result of this. It's really a shame because Loopnet used to be a good listing search tool for brokers.

Leased Another One!

I leased this office in Lakewood Ranch to an accountant in a short three weeks after I took the listing. The price was great and the tenant loved the space. It came fully furnished with desks, chairs and even a kitchen sink...the tenant is here for three years. Congratulations to the tenant: Cozzette Accounting Co., LLC! No outside broker was involved with the deal.

Leased Another One - 6,088SF

What a great deal! Both tenant and landlord are going to make out well on this one. Tenant got great rent and landlord got a ton of capital improvements. This lease was for 6,088 SF and located at 167 Progress Circle in Venice, FL. Recession? Where?

New Foreclosure Listing

This one's down in Venice near the Jacaranda / I-75 exit.

Just Listed

PROPERTY IS NOW FULLY LEASED! THANK YOU FOR YOUR INQUIRIES.

Just an idea how inexpensive office space is getting out in Lakewood Ranch. This one's fully furnished.

Latest Office Vacancy Report

Sarasota EDC released its latest numbers...

Downtown Sarasota: 13.21%
University Parkway Area: 18.00%
I-75 Fruitville South to Clark: 22.97%
Venice: 22.03%
North Port: 35.13%
Suburban & South Trail: 28.02%

Note: this does NOT include sublease space. Numbers are definitely higher when this is factored in.

Remembering 9/11/01

Somber day today.

I remember where I was when all of this happened. Back in 2001 I was a full time professional touring musician. Because of my travel and production schedule, I used to sleep in pretty late and, that morning, I had to unexpectedly drive my girlfriend to her job because her car battery was dead. I returned home around 8:30 am and promptly went back to sleep. A short while later the house phone began ringing incessantly. When I finally answered, on the other end was my girlfriend saying an airplane crashed into the WTC. "You should turn on the TV". Didn't think much about it but felt it might be worth at least turning on the news to see how bad the damage was. A few minutes later I watched another airplane fly into the south tower on live TV. Like a lot of Americans, I was transfixed, shocked and horrified by everything I saw that day.

I traveled weekly by air back in those days and things were really eerie. I had a gig in Birmingham, AL that weekend and my flight, incidentally, was about a day or so after the FAA lifted the nationwide ban on commercial and private air travel. In light of the fear around air travel, I still thought it was very strange that there were only 4 people on the entire flight with me that day. My flight was scheduled to depart from Tampa and I had to catch a connecting flight in Atlanta to Birmingham. I made it to Atlanta just fine but then ended up stranded at Hartsfield because the flight crew flat out refused to show up out of fear of further hijackings. In the end, I had to rent a car and make the drive to Birmingham by myself. I made the gig...but just barely. The one thing I remember very clearly was how empty all my flights were in the months after 9/11. I would say passenger traffic was light for nearly a year afterward.

In late December 2001, I was on a 20 city tour for Icebreakers Mints and found myself in NYC for one of my scheduled appearances. One of the things I insisted on doing before I left New York was visiting Ground Zero. I remember that, even after three months, the WTC rubble was still smoldering from fire. That fact stuck with me over the years along with the sight of the memorial "wall" that had been erected a few blocks away (across from Au Bon Pain). Many of the handwritten signs saying things like "Brother Missing, Worked on 104th Floor at Cantor Fitzgerald. Please call XXX-XXX-XXXX if you know his whereabouts" were still there along with quite a few memorial tributes. Really sad.

While I was in college in Connecticut, I spent a lot of time in NYC on the weekends. The sight of the WTC was always a common one to me. Seeing the skyline minus the towers the first few times after 9/11 was something I never got used to.

9/11 is something I won't forget.

FDIC To Dump Nearly $5-Billion in Distressed Assets

Mostly note sales...

FDIC Launching Nearly $5B of Asset Sales

Sep 4, 2009 - CRE News

The FDIC is expected to shortly bring to market a whopping $4.7 billion of mixed quality residential and commercial real estate loans that it assumed from some 20 failed banks.

The assets will be offered through what the agency and its contractors call structured offerings, in that investors will buy only an interest in each portfolio sold, while FDIC will keep the remainder. And the agency is expected to include elements of federal government's proposed public-private investment partnership, or PPIP program, in that it might offer seller financing.

The largest of the offerings will involve $2.7 billion of residential acquisition and development loans that will be marketed through Keefe, Bruyette & Woods, which has handled a number of previous FDIC loan sales.

The other portfolios will each involve roughly $1 billion. Deutsche Bank will offer a package of commercial mortgages, while a venture of Midland Loan Services and Pentalpha Capital Group will handle the sale of a portfolio of commercial acquisition and development loans.

Each of the advisers is said to be close to formally distributing sales announcements, with bid dates expected to be in mid- to late-October.

The agency has so far sold $4.9 billion of assets through six similar structured sales. But it did not offer seller financing for those. It sold stakes of 20 percent and 40 percent in each portfolio, with the interests having a face value of $1 billion. Their sale has generated total proceeds of $209.8 million, or 20.7 percent of the interest's face value.

Those proceeds compare with the 47.7 percent sales price for the $2.9 billion of loans the agency has sold through whole-loan offerings, or what it terms cash sales. Those offerins have been conducted by DebtX and First Financial Network.

Click here for a listing of FDIC's completed loan sales.

But the agency's proceeds in the structured offerings could increase over time.

It's clear that the agency is selling assets at or near the bottom of the market. And investors understand that the agency must sell, especially since banks continue to fail, swelling the FDIC's workload. So the prices at which assets from failed banks sell could be artificially deflated. By keeping a stake, it could theoretically benefit when market conditions and values improve.

Meanwhile, the agency earlier this week took offers for a stake in a $1.4 billion portfolio of residential mortgages taken from Franklin Bank of Houston. The offering, handled by RBS, was the first that adopted the government's Legacy Loan Program, through which the FDIC would provide generous financing to buyers.

Investors competing for the portfolio were asked to bid a price for a 20 percent stake, if they didn't require financing, or 50 percent, if they needed financing. Like in all of FDIC's structured offerings, the investors' stake would grow to 40 percent if certain performance thresholds were met.

The buzz is that the RBS portfolio attracted a high bid of 60 percent of face value. But that could be explained by the fact that 70 percent of the portfolio was comprised of performing mortgages.

LINK

Commercial Activity Predicted To Pick Up, Values Stagnant

Latest report from The CoStar group shows we're possibly headed toward some increase in transactional activity. I'm busier than I've been in over a year and have plenty of prospects and deals in the pipeline - so many at this point that I'm able to cherry pick. The upcoming plays WILL be in distressed assets. That doesn't look too positive for the private sellers out there as they'll have to compete with the flood of foreclosed assets being unloaded.

CRE Sales Will Pick Up, But Values Expected to Stay Flat Through '12
Jones Lang LaSalle Study Finds Banks Will Eventually Be Forced to Stop Delaying REO Foreclosures and Begin Taking Back the Keys of Distressed Assets

By Randyl Drummer
September 9, 2009
Credit markets for office, industrial, retail, hotel and multifamily property should see the effects of a gradual return of liquidity during the second half of 2009, Jones Lang LaSalle predicted in its U.S. Midyear Capital Markets Bulletin released last week.

In it, and in a separate report on global market performance issued this week, JLL noted that several trends are expected to help begin to restore capital markets over the next year, including the $33 billion in equity raised and $5 billion in debt issued through the first eight months of 2009 by global REITs. Also, with the world economy starting to recover, JLL noted foreign real estate investors are again circling select U.S. markets, and real estate companies are finally tapping into government programs such as the Federal Reserve's Term Asset-Backed Securities Loan Facility (TALF). For the first time in what seems like ages, meanwhile, the gap in price expectations between buyers and sellers is starting to narrow in the third quarter, JLL executives said.

But while all that may sound great, "it is unlikely that any true debt liquidity will return to the market until mid-2010 at the earliest" with the recession and unemployment continuing to batter occupancies and drive down rents, cautioned Kenneth Rudy, president of Jones Lang LaSalle’s Capital Markets practice.

Still, that may be welcome news to investors battered by the dramatic decline in U.S. property sales and prices that occurred in the first half of 2009. According to CoStar data, the value of Class A office buildings declined by 57% in the first half of 2009 compared with prices paid at the peak of the market in 2007. Industrial and institutional-grade retail property sales declined even more sharply, falling 71% sand 86.5%, respectively, since their 2007 peaks.

By mid-2010, JLL predicts investor interest in U.S. markets will slowly begin to return. But transaction activity likely won't reach the dizzying levels of the 2005-07 market "for a generation or longer," Josh Gelormini, vice president of capital markets research, tells CoStar Advisor. And that may not be such a bad thing for players who manage to fight another day after surviving the current downturn, following an era in which cheap and easy credit and overzealous speculation led to the latest and worst commercial real estate price bubble.

"We're definitely still in early stages of the distressed asset game, working out the assets most likely to have been bought during the boom years, and it's going to take a while to work itself out," Gelormini said. "The fact that large investors around the world are starting to see attractive values and act on the opportunities will help speed the process some, but it will still take several quarters for sales activity to stabilize."

"Although we feel transaction volumes have very likely bottomed and will be turning upward the next quarter or two, values will still have some more downward pressure into next year before we see stabilization."

LINK TO REST OF ARTICLE

Leased Another One, #3 out of 3 for the Week!

We would like to welcome national tenant Kumon Learning Centers to their new home at Tourist Center Drive in University Park. Kumon signed a 5 year deal last Wednesday for their new home. Kumon, based out of Teaneck, NJ is actually expanding in this market. They have over 1,500 locations in 44 countries. I appreciate the business, guys. Thank you!

Leased Another One, #2 out of 3 for the Week!

We want to welcome Dish Network and DirecTV affiliates Rising Star Communications to their new home at 2436 Stickney Point Rd in Sarasota. This lease wraps up this strip center for me seeing that it's now 100% leased. I took this over from another agent in the spring where several spaces had been vacant for a very long time. I gave the landlord an analysis of what needed to be done to make the center more attractive to tenants and we were able to lease the center up with a little bit of effort and some creative marketing. Glad to be able to help. Again, motivated landlord + motivated tenant means another leased space! This is lease #3 for the week!

No recession here. No way!

Leased Another One

We want to welcome Starr Title Insurance to their new home at 100 Wallace Avenue, Suite 250. Starr has signed a 3 year lease with the landlord. We wish them all the best. The location is excellent, almost directly across the street from the Sarasota courthouse.

Took a little less than six months to find a tenant. Not bad, considering the climate. Aggressive marketing + motivated landlord + motivated tenant = another deal in an ailing economy!

Old SRQ Herald Building to Become Publix

We've been hearing about this possibility for months. Looks like it's a done deal. Link below.

Former location of Herald-Tribune to become Publix
GROCERY: Lakeland-based supermarket chain plans to open new site in 2010

Staff Report

Published: Tuesday, September 1, 2009 at 1:00 a.m.

Publix Super Markets has closed a $6.3 million deal for the Herald-Tribune's former offices on South Tamiami Trail.

The Lakeland-based supermarket chain plans to open a new 52,000-square-foot store at the site toward the end of 2010.

Publix will tear down the existing building and build a store with parking underneath. Customers and their shopping carts will ride on escalators up into the store.

Once the new store is complete, Publix will close its older site at the Ringling Shopping Center, transfer employees to the new larger store and hire additional employees.

Publix closed the deal with the New York Times Co., the Herald-Tribune's parent, on Monday, according to George H. Mazzarantani, the Sarasota lawyer representing Publix. The special warranty deed that Mazzarantani supplied showed $44,100 in document stamps, which equates to the $6.3 million sales price.

The building had been for sale since 2003, when the Herald-Tribune announced plans to build its downtown Sarasota office to house its multimedia operations. The media company moved to its new headquarters in February 2006.

The city had considered buying the property for a new police station, but went with another site.

LINK

Proscenium Saga Continues

Just when you think you've seen it all, along comes the following:

Lien involving Proscenium targets land owners

By KEVIN L. McQUAID

Published: Friday, August 28, 2009 at 1:00 a.m.

Owed nearly $370,000 for design work on the ill-fated, 18-story Proscenium real estate project, a New York architect has filed a construction lien in circuit court for repayment.

But Perkins Eastman Architects PC is not going after the handful of limited liability corporations that are tied to the planned $1 billion project in downtown Sarasota and controlled by developer Zeb Portanova.

Nor is the firm suing Portanova, who is now liable for millions of dollars of unpaid debts to Proscenium lenders, contractors and consultants.

Instead, Perkins Eastman and law firm Shumaker Loop & Kendrick LLP are attempting to encumber the 20 property owners whose seven acres of land that had been slated for the Proscenium and its centerpiece Waldorf-Astoria Hotel -- even though the owners' involvement with the deal ended in May when their sales contracts lapsed.

The filing, in circuit court in Sarasota County, has sparked outrage among many of the property owners.

"They're just trying to play Russian roulette to see if anyone blinks," said Bob Johnson, an attorney representing one of the property owners.

Perkins Eastman, which claims it did $695,347 worth of work on its overall $12.83 million Proscenium contract, notes the property owners were "contract vendors" to a Proscenium group, 400 Tamiami of Sarasota LLC. Under Florida's lien law, vendors may be liable for debts incurred in some cases.

Attorneys for Florida Studio Theatre Inc., which owns 1245-1285 Fifth St., and property owner Cynthia Conway, do not believe the architectural firm's unpaid fee is one of those cases.

In an Aug. 24 letter sent to Shumaker Loop -- the firm that recently acquired Sarasota Abel Band law practice -- attorney John Patterson described Perkins Eastman's filing as a "fraudulent lien."

"The Claim of Lien is totally without merit," Patterson wrote to Shumaker Loop attorney Christian Van Hise. "I would like to assure you that our clients take this matter very seriously and will pursue it accordingly."

Steven Yates, a Perkins Eastman spokesman, declined comment, as did Van Hise.

Neither Portanova nor his attorney at the Williams Parker law firm, Will Schlotthauer, returned calls or e-mails for comment.

For property owners, the lien blocks any potential sale or major renovation until it is satisfied.

Victor Calderon, who owns a shopping center at 1222 Fifth St. and is planning to renovate it, said the lien put his efforts on hold.

"I had attracted a couple of tenants, and this blocked it," Calderon said, adding Thursday that his property was removed from the lien after he threatened a counter-lawsuit.

"I don't think it's unreasonable, after all that's been said and done, to be able to move on from this," he said.

Portanova, his ex-partners Gary Moyer and Karen Cook, and Proscenium partnerships had promised to pay property owners $300 per square foot for their land, bounded by U.S. 41, Fourth Street, Sixth Street and Coconut Avenue. At that price, the land would have brought at least twice the market value.

To keep the deal alive while financing could be arranged, the Proscenium partners even paid land holders roughly $5 million in purchase options.

But this spring, when it became increasingly clear that financing would not come, Portanova secretly began negotiating to acquire a 15-acre tract that had been the site of the Sarasota Quay, at 401 N. Tamiami Trail, for roughly $40 million. When the land holders discovered it, they broke off talks with Portanova. To date, Portanova has been unsuccessful in completing the Quay deal with lender Anglo-Irish Bank plc.

"To me, this is like the body that keeps coming out of the coffin," Johnson said. "It's like something out of a science-fiction horror movie. Every one of the land owners now has to pay somebody to clean up the mess that was created for no reason by Perkins Eastman."

Sarasota Industrial Activity Up This Month

Finally some good news for once.

The local Catylist (commercial listing service) is showing 4 different industrial sales transactions occurring last week. The largest, a 40,000SF warehouse in Venice, went for $49PSF. Another, a 20,000SF metal warehouse with 2.3+ acres, and frontage on I-75, went for a strong $75PSF. A 14 year-old 7,500SF freestanding metal building on Porter Lake went for $80/ft. Finally, a 6,500SF building off of US301 sold for $80/ft. The final building was noted in my recent YouTube Video as being vacant. Glad to see that got sold. (Video has been noted).

I'm certainly heartened by the strong PSF numbers obtained on the last three properties, which averages just shy of $80/ft. Any week with 70,000+SF of sale absorption is a great one in my book.

Hopefully we'll see another round of these soon.

More Bad News

Yeah, yeah...we know, we know.

Leased Another One - 6,400 SF to National Tenant

Boulder, CO-based Camp Bow Wow (CBW) finally moved into their new digs: a 6,400 sf air-conditioned ILW-zoned property fronting 17th Street. ILW was the only favorable zoning that could accept a dog-daycare facility without a special exception.

CBW sunk nearly $150,000 worth of capital improvements into the landlord's building. We wish them and the landlord all the best! I was glad to help them.

Local Company Absorbs 50,000 Square Feet

See? All's not totally dead around here. There are at least some bright spots here and there.

Firm rents more warehouse space on McIntosh Road

By Michael Braga

Published: Monday, August 17, 2009 at 1:00 a.m.

In the midst of the toughest market conditions that anyone can remember, the Meridian Development Group has pulled off a coup.

The Clearwater company, which owns and manages a giant, 910,000-square-foot warehouse complex on McIntosh road in Sarasota County, has convinced a local bandage manufacturer to sign up for 50,000 square feet.

ASO Corp., the subsidiary of a Japanese corporation that has made adhesive bandages and other wound care products in Florida for 25 years, is one of those rare companies with the ability to expand in the middle of a recession.

"This is an expansion," said Steven Kossoff, Meridian's managing director. "In Sarasota, there were only two facilities that were large enough to meet their needs."

ASO's choice came down to price and amenities, Kossoff said.

"We have a fully fenced facility with 24-hour guard service and high ceilings that allow for more stacking," Kossoff said.

When pressed for details about price, Kossoff would only say that the lease rate was lower than the $5.50 per square foot the company had been asking in the past.

"It was lower than we've historically seen, but it was not too terrible," Kossoff said, especially in market conditions in which warehouse owners are getting clobbered.

Calls to ASO's headquarters in the Sarasota International Trade Center were not returned.

LINK TO ARTICLE

Sweet! Drive-by Video Makes the GCBR

The video about industrial vacancy made the Gulf Coast Business Review last week. It's been busy, so I apologize for neglecting to post this when it came out.

The article appeared in the "Coffee Talk" section and was entitled "A Depressing Drive Around Town."

Hopefully people found the video informative and useful. I know many of my clients have been appreciative of the information

In case you haven't seen it...CLICK HERE.

RIP, Colonial Bank

Actually sold them quite a bit of property over the past few years. BB&T likely to take over. RIP.

SAN FRANCISCO (MarketWatch) -- Colonial BancGroup Inc. may become the largest bank failure so far this year.

Shares of Colonial /quotes/comstock/13*!cnb/quotes/nls/cnb (CNB 0.41, -0.06, -11.94%) dropped 12% to 41 cents before being halted Friday morning. News of the looming takeover was reported by Bloomberg News and The Wall Street Journal's online edition.

BB&T Corp. /quotes/comstock/13*!bbt/quotes/nls/bbt (BBT 28.01, +2.21, +8.57%) is expected to take over the Montgomery, Ala.-based bank as early as Friday in what would be the biggest bank failure of 2009, Bloomberg reported, citing an unidentified source close to the matter.

The deal will be supported by the Federal Deposit Insurance Corp., Bloomberg and the Journal reported.

In Washington, FDIC spokesman David Barr declined to comment.

Shares of BB&T rose 5% to $27.08.

Colonial Bank "is probably a manageable purchase although we expect some losses from the purchase," said Egan-Jones Ratings, a rating agency that's paid by investors rather than issuers, in a statement Friday

Leased Another One

Congrats are due to Jobs, Etc for taking on 3,500sf of space at 5755 N Washington for their summer vocational and training program. The building just happened to be a perfect fit. I still have another 4,000 or so feet left in this building. Just goes to show that multifaceted marketing and having an aggressive landlord will do wonders in this kind of market. Judging by the number or properties I'm showing as of late, leasing activity is not totally dead.

Tampa Industrial Vacancy Up

The latest report from Cushman Wakefield shows a noticeable gain in industrial vacancies the Tampa Bay area. Some eye-popping numbers: the area market shed almost 54,000 jobs, nine consecutive quarters of vacancy increases and six consecutive quarters of declining rents. Link to the article and FREJ is below.

TAMPA - The Tampa industrial market continued to weaken in the second quarter of 2009 primarily due to the decrease in industrial-related jobs and the sustained deficit of demand from tenants in the market looking to lease or buy space.

Since mid-year 2008, the Tampa Bay market lost a total of 53,900 positions, with the construction industry losing 13,800 positions, manufacturing employment decreasing by 6,800 jobs and trade, transportation and utilities losing 2,700 jobs. The negative job growth, coupled with the current economic slowdown has resulted in a continued lack of new and expansion leasing activity, increased vacancy and a decline in rental rates during the quarter.

Additionally, sales activity has been nearly non-existent due to the dip in prices buyers are currently willing to pay and their difficulty to obtain financing.

At the close of the second quarter, Tampa’s industrial market fundamentals continued to grow weaker, following the trend which began over a year and a half ago when the national and local economy both took negative turns.

For the ninth quarter in a row, overall vacancy throughout the market increased. The marketwide overall vacancy rate of 9.5% at the close of the second quarter of 2009 increased a full percentage point from the initial quarter of 2009 and increased an astounding 3.4% from the vacancy documented at mid-year 2008.

As can be anticipated with such a significant increase in vacancy throughout the market, overall absorption posted negative 623,026sf over the past three months, bringing the year-to-date total to negative 943,309sf. Although the current negative absorption total appears dramatic, when compared to the year-to-date total recorded this time last year, year-to-date 2009’s negative absorption increased just 107,207sf or 11.5%.

The feeble tenant demand currently being experienced in the market has resulted in a decrease in asking rents for the sixth straight quarter, bringing average asking net rental rates down to levels that haven’t been recorded in the market since the first quarter of 2006.

Marketwide, the direct net asking rental rate averaged $5.95 psf at quarter-end, a decrease of $0.41 psf since last quarter and $1.10 psf from this time last year. Warehouse/distribution space, which accounts for 70.4% of the industrial space in the Tampa market, experienced the largest decrease in asking rents, declining $0.44 psf since last quarter and a much more substantial $1.09 psf since this time last year to an average of $4.89 psf by the end of the second quarter of 2009.

Forecast

Clearly, this economic downturn has lasted much longer than originally anticipated. While much of the fallout in the industrial market can be traced to companies tied to the construction and manufacturing sectors, Cushman & Wakefield believes that the fallout from these segments is largely, if not almost completely, behind us.

Though the effects of the prolonged slump in the economy will continue to have a negative impact on the market well into 2010, current industrial market fundamentals are definitely favoring tenants in the market. Competition between landlords will continue to drive down asking rents and increase lease concessions, decreasing the tenant’s effective rental rate costs over the term of their lease.

Article Link

Two More Banks Seized

Two more down.

Two Sarasota banks are seized and sold
Community National to reopen today, First State on Monday, as Stearns branches

By Michael Braga

Published: Saturday, August 8, 2009 at 1:00 a.m.

Regulators on Friday shut down First State Bank of Sarasota and Community National Bank of Sarasota County, two institutions that played in risky loans during the real estate boom and crumbled when the bubble burst.

The two banks, with a combined $560 million in assets, will reopen as branches of St. Cloud, Minn.-based Stearns Banks, which agreed to take over nearly all the failed banks' assets and property.

Community National's four branches are slated to open today under Stearns' ownership; First State's nine on Monday.

That is good news for a region already buffeted by the closings of Manatee County's First Priority and Freedom banks.

Though Community National and First State will be operating under new management, it is likely that Stearns will need some of the banks' more than 150 workers to operate in its first foray into Florida.

Finding a buyer also is easier on regulators, who have closed 71 federally insured banks so far this year. The two Friday closings bring to six the number of Florida banks that have been shuttered.

"We are very grateful that we found a buyer with the financial wherewithal to do this," said Linda Beavers, the FDIC's regional ombudsman. "It makes our job a lot easier."

Rather than sending deposit checks back to customers, regulators will simply have to account for the deposits and then transfer them to Stearns, a bank with nearly $1 billion in assets and seven branches in Minnesota and Arizona.

But shareholders for both banks were wiped out. First State's shares, which traded on the Nasdaq, was selling for 33 cents on Friday. Volume was more than three times normal the average.

Analysts fully expect more failures this year.

LINK

YouTube Video Makes The News

Nice to see the YouTube video has received some positive feedback, not only from clients but also from the media.

One thing this particular reporter asked me was if I had any resistance to new listings. That's a tough question to answer. My immediate thought was "yes, I am resistant to taking on new industrial listings." Upon reflection, however, it's genuinely true that good buildings priced right will still move. I suppose it depends on the circumstances. There no real "correct answer" with respect to pricing at the moment. Tough to say what the market will bear, especially if the market is pretty much AWOL. So that leaves everyone's pricing a wild guess at best - so few recent comparables are available that we have to extrapolate from various sources (i.e., whatever comps are available, rents, construction costs, etc) to arrive at something that makes sense. Even then, we can still be off. Without any response from potential buyers, it's still tough to judge. But the fact is good buildings will move if marketed correctly.

From The Bradenton Herald this morning.

Anthony Migliore, a Realtor for Coldwell Banker Commercial, closed on a deal involving a 56,000-square-foot facility in Palmetto last year, but says for the most part his listings have been tough to move.

Migliore also fears there’s plenty more inventory to be added.

He published a video on YouTube.com that examines industrial vacancies in Manatee County. The Realtor produced the video for his blog in an effort to be more creative in marketing the properties.

“If there is any positive sign, it’s that if you’re a business looking for industrial space it’s a good time to move,” Migliore said. “The biggest challenge on the sales end is there is still disconnect between sellers and buyers. Sellers, they want to maximize their return and try to get as much as they can in fairness.”

How bad is it? Just look.

I recently conducted a ride-along interview...the subject was industrial vacancy. Good commercial brokers should always know what kind of inventory is available in their market and, even though I'm still fairly young and have a pretty good memory, even I was overwhelmed by the sheer number of buildings for sale or lease. The interview below was conducted in an approximate one mile radius of the Whitfield/US301 intersection. Expand this area to the entire Manatee/Sarasota MSA and you can imagine it's nearly impossible to remember every single available building and price. A good portion of this inventory isn't even online anywhere.

Selling or leasing industrial property is truly a huge challenge for all agents and owners. This video underscores those challenges.

Leased Another One

Just wanted to welcome PEN Produce to their new home at 2065 12th St in Sarasota. PEN is run by a great guy named Pete Greci and he'll be running a small farmer's market on the weekends to supplement his produce distribution business. PEN leased 4,800 square feet for 3 years. Welcome, guys and thanks for the business!

CMBS Red Shoots, RealPoint Report

From RealPoint. Tell us something we don't already know.

And I quoteth:

In June 2009, the delinquent unpaid balance for CMBS increased by a substantial $9.87 billion, up to a trailing 12-month high of $28.65 billion. Overall, the delinquent unpaid balance grew for the 10th straight month, up an astounding 585% from one-year ago (when only $4.18 billion of delinquent balance was reported for June 2008), and is now almost 13 times the low point of $2.21 billion in March 2007. An increase in four of the five delinquent loan categories was noted in June, including a significant $6.82 billion increase in the 30-day delinquency bucket. Nearly one-half of this increase was driven by the reporting of $3.38 billion of GGP-sponsored but specially-serviced loans as 30-days delinquent (the ultimate resolution of such loans to be determined). In addition, the distressed 90+-day, Foreclosure and REO categories grew in aggregate for the 19th straight month – up 32% from the previous month and over 411% in the past year.

The full report is here.

June Office Vacancy Report (Sarasota County)

Vacancies inched up once again. We have about another percentage point of empty office space than we did a few months ago with the I-75/Fruitville, south to Clark corridor seeing a negative 40,651SF of absorption this year. Ouch!

Down and dirty numbers:

Countywide: 18.82%
University Parkway: 18%
Downtown: 13%
I-75/Fruitville S to Clark: 23%
Venice: 22%
North Port still sucking wind at: 35%
Suburban and South Trail: 26%

Area Losing Two Dillards Stores.

I'm wondering when the time will come where most large malls will either be bulldozed or turned into college campuses. No surprise DeSoto is losing tenants; you almost need a bodyguard or a gun to go shopping there. Everyone I know avoids that place.

2 Dillard's stores are said to be closing in the region

Dillard's confirmed it will close its store at Westfield Sarasota Square. Also, sales associates at the DeSoto Square Dillard's said they have been told that store will close before the end of the year.

By Toni Whitt

Published: Thursday, July 23, 2009 at 1:00 a.m.
Last Modified: Wednesday, July 22, 2009 at 10:02 p.m.

In another sign of stress on the Southwest Florida economy, giant retailer Dillard's is closing two of its four stores in the region.

The anchors at Westfield Sarasota Square and DeSoto Square Mall in Bradenton are two of the five store closings that the Little Rock, Ark.-based retailer plans nationally in 2009.

The company confirmed on Wednesday that the Westfield Sarasota Square is closing, but a corporate spokeswoman would not confirm the shuttering of the Bradenton site.

Sales associates, however, said they were told that the DeSoto Square Dillard's would close before the end of the year. Many of their co-workers have already been transferred to other stores.

Consumers have cut their spending at a nearly unprecedented level in the last year as the nation's financial crisis, recession and rising unemployment has reduced their wealth and willingness to part with cash.

Dillard's, with 306 department stores and nine clearance centers in 29 states, reported earlier this month that its same-store sales fell 15 percent for the five weeks ended July 5 -- a worse drop than analysts had expected.

The DeSoto store shows all the signs of closing. Display cases stand empty amongst the perfume and handbag displays, and nearly one-third of the department store's second floor has been roped off and filled with empty display racks and other fixtures.

The store is going to be hosting a shipment of clearance merchandise that will go on sale the week of Aug. 1.

If both stores close by the end of the year, there will be only one Dillard's department store -- at Westfield's Southgate mall in Sarasota -- between Port Charlotte and St. Petersburg.

Dillard's spokeswoman Julie Bull said the company has begun working with sales associates to move them to other stores, but that it might be impossible for some employees to stay with the company.

The pain in retail has yet to show major signs of abating after one of the worst holiday and spring seasons in decades. It is not expected to perk up in the important back-to-school season.

Even the normally optimistic National Retail Federation is projecting that consumers will spend nearly 8 percent less on back-to-school supplies than in 2008.

In Southwest Florida, plans for several malls have been put on hold, meaning that billions in new investment and thousands of new jobs are still possibly years away.

Those delayed projects include the University Town Center, a luxury mall slated for University Parkway and Interstate 75, a regional mall along I-75 in North Port and a one-million-square-foot retail center planned for Punta Gorda.

Westfield Corporation Inc., the Australian owner of Westfield Town Center, has plans to acquire the building Dillard's occupies at Sarasota Square and to develop the space, said spokeswoman Catherine C. Dickey.

"The company has a strong track record of recovering real estate and reorienting the space with other shops and restaurants," Dickey said.

That will be a challenge in this economy, and perhaps especially in Sarasota County where retailers have been closing at an unprecedented pace. Data from the county tax collector show that one in four retailers have gone out of business in the past year.

The closing of the Dillard's at DeSoto Square will be a blow to that aging mall, owned by Indianapolis-based Simon Property Group.

Starbucks, Old Navy, Lady Foot Locker and Waldenbooks all closed at the mall this year.

Across from Dillard's anchor at DeSoto Square are three empty storefronts, each bearing the sign "More Choices, More Opportunities."

DeSoto Square was built in 1973 and is showing its age. Simon, the largest shopping mall owner and operator in the U.S., bought the property in 1996 and immediately built a food court, but has done little since. The mall has three anchors besides Dillard's: J.C. Penney, Sears and Macy's.

Simon spokeswoman Les Morris declined to comment.

The company, a real estate investment trust, reported in May that its first-quarter funds from operations improved, but Simon cut its quarterly dividend 33 percent.

Commercial Real Estate: "Ticking Time Bomb"

A few videos I ran across this week underscoring the current stress going on in the commercial real estate market.

Local Jobless Rate Hits New High at 11.7%

In another blow to the local economy, we're teetering close to 12% unemployment. Although it seems as if jobless claims nationally have slowed, I'm wondering if that's just a temporary thing. I know quite a few people struggling or laid off - for some, this couldn't come at a worse time.

For us in commercial real estate, that means fewer people able to spend which means stores and businesses will close. This results in more vacancies and more trouble for landlords who may need to meet cashflow requirements...not a good scenario at all.

Region's jobless rate hits 11.7 percent

By Kevin McQuaid

Published: Friday, July 17, 2009 at 10:34 a.m.
Last Modified: Friday, July 17, 2009 at 10:34 a.m.

Unemployment jumped higher during June in Southwest Florida in June, with Charlotte County hitting nearly 12 percent and Manatee and Sarasota counties not far behind.

Just short of 1 million employable Floridians do not have a job.

There were 44,355 people out of work collectively in the three counties, for a regional unemployment rate of about 11.7 percent, according to data released Friday by the Florida Agency for Workforce Innovation.

Hardest hit was Charlotte County, which saw its unemployment rate climb to 11.9 percent in June from 11.4 percent in May.

Manatee County had a jobless rate of 11.8 percent, up from 11.2 percent the previous month.

Sarasota County’s unemployment rate was 11.4 percent, up 10.9 percent in May.

Meanwhile, Florida’s unemployment rate crept up to 10.6 percent in June to stay at the highest level since 1975.

The rate was 0.3 percentage points higher than the revised May unemployment rate and is 4.6 percent age points higher than June 2008.

That means about 970,000 employable Floridians don’t have jobs.

Florida’s unemployment rate is 1.1 percent higher than the national rate of 9.5 percent.

Mega-Project The Subject of Various Lawsuits

From the Herald Tribune...

Partners in Proscenium project suing for millions

By KEVIN L. MCQUAID

Published: Wednesday, July 1, 2009 at 1:00 a.m.
Last Modified: Tuesday, June 30, 2009 at 7:38 p.m.

SARASOTA - Two former partners in the Proscenium are suing developer Zeb Portanova for defaulting on a deal to pay them nearly $5 million -- the largest unpaid debt to date tied to the stalled downtown real estate project.

With the default -- compounded by promised financing that Portanova and representatives now acknowledge may never occur -- husband and wife Gary Moyer and Karen Cook contend Portanova also owes them an additional $11 million. That money is supposed to be paid in monthly installments beginning in December.

"We expect him to pay us," Moyer said Tuesday. "It's not an if, an and or a maybe. He's put us in a position where we now are unable to adhere to commitments we've made."

Moyer and Cook, partners in Lion's Gate Development Group Inc., face a pair of foreclosure lawsuits totaling $1.27 million, for unpaid loans on their Lakewood Ranch Country Club home and on a commercial space at the San Marco Plaza, in Lakewood Ranch, which Lion's Gate developed.

The pair's lawsuit, filed Monday in Sarasota County circuit court, marks the latest legal action swirling around Portanova and Proscenium, a nearly $1 billion, Waldorf-Astoria-anchored real estate development that has stalled amid a lack of financing.

In April, Cadence Bank N.A. filed a $3 million foreclosure suit against Portanova and the Proscenium, and a security company is seeking roughly $35,000 for lack of payment.

The lawsuit by Moyer and Cook also represents the largest in a series of mounting bills that Portanova has failed to pay and might be personally liable for.

More than a dozen contractors, real estate consultants, attorneys and other professionals are owed an estimated $3 million related to the Proscenium, designed as an 18-story tower with offices, retail and restaurants and an 800-seat theater.

Neither Portanova nor his attorney, William Schlotthauer at Sarasota's Williams Parker law firm, returned calls or e-mails for comment.

Despite the legal woes, Portanova continues to try and line up financing with a pair of Atlanta partners -- Nancy Edwards and Kim King -- whose lack of real estate finance experience and embellished pasts were highlighted in a Herald-Tribune story in May.

At the time, Portanova maintained that both Edwards and King were credible financiers capable of generating the money needed to acquire land for Proscenium.

Portanova provided King and her Greencastle Asset Management with $1 million last year, in exchange for securing $100 million in financing, court documents show.

But with no financing in place despite numerous promises, Portanova travelled to Atlanta earlier this month to meet with King.

"Ms. King is still optimistic that funding will occur but provided no specific date," Schlotthauer wrote to Moyer's attorney last week. "We have repeatedly heard this story from Ms. King so we do not have much confidence at this point. The partners are currently reviewing their options as it relates to the Funding Agreement with" Greencastle.

Schlotthauer said Portanova is now seeking other financing sources as well.

Portanova, meanwhile, also continues to negotiate with Anglo-Irish Bank to acquire the former Sarasota Quay property at 401 N. Tamiami Trail.

Sources with knowledge of the deal said Portanova faces a Sept. 1 deadline to complete the estimated $40 million transaction to buy the 15-acre site.

Moyer and Cook's lawsuit could impinge on those plans, though. Anglo-Irish officials have declined comment on the negotiations.

At the heart of Moyer and Cook's lawsuit is a November 2008 agreement in which Portanova bought out Moyer's 45.5 percent interest in the Proscenium, which Moyer had conceived four years earlier.

The agreement calls for Portanova to pay the pair $4.92 million by March 30 of this year.

Only $80,000 of the amount has been paid, the lawsuit states.

Additionally, the agreement states the Proscenium would pay Moyer $32 million from project income "before distribution of any profits to the members of the Proscenium Development or their affiliates."

Since its signing, the agreement has remained unfulfilled and been extended twice, most recently on May 30, court records show.

Moyer is owed more than $10 million on July 22, the documents state.

"We've put three years of our life into this, it's like a child we've given birth to," Moyer said of the Proscenium. "All the progress that was made, and the tenants arranged, to see that go by the wayside is so disheartening."

LINK

Bloomberg on The Coming Pain

Recent clip from Bloomberg TV and an interview with Price Waterhouse's Susan Smith regarding what the coming months will have in store.



And on a lighter note...(maybe not?)

Office Tenants in Driver's Seat

Office Tenants Now in the Driver's Seat

Jun 26, 2009
By: Dees Stribling, Contributing Editor

Even before the financial meltdown last fall, most U.S. office markets were going noticeably soft. In particular, vacancies were rising as businesses downsized, reorganized or otherwise felt skittish about committing to any new use of office space. Now that the worst recession in at least a generation is under way, what was once only a worrisome trend for U.S. office landlords is full-blown reality.

Few dispute that current conditions in almost every office market could be called a “tenants' market.” Tenants have the edge now, provided they themselves aren't beaten up so badly by the economy that they can't take advantage of that fact.

Though each major metro market has its own distinct features, the overall numbers are telling. According to Reis Inc., the overall U.S. office vacancy rate climbed to 15.2 percent by the end of the first quarter of 2009, compared to 14.5 percent at year's end 2008 and 12.8 percent during 1Q08. Office-space users vacated nearly 25 million square feet during 1Q09, moving in tandem with the spike in the U.S. unemployment rate during that period. People go, then the space goes, and people are still going.

Moreover, since commercial real estate tends to be a lagging indicator, even if the economy starts to grow again later this year--something of a tall assumption--office landlords might not feel the benefit for quite a while longer than that.

In some ways, this office downturn is like previous ones, Bill Lichwala, president and CEO of Plante Moran Cresa told CPN. “Financially solid tenants are now able to negotiate with a lot of strength,” he said. “At first, landlords resisted lowering rents, and offered more concessions, because lower rents affect the building valuation a lot more.”

But now rents are going down. According to Reis, office rents were an average of 3.2 percent lower in the first quarter of 2009 than a year earlier.

“Landlords simply can't compete anymore without competing on rents,” said Lichwala, whose Southfield, Mich.-based firm specializes in tenant rep. “They can only offer so much in the way of incentives, and that's reached its limit.”

Lichwala pointed out that in one way, however, this office market isn't like previous slumps in space usage. “Previously, landlords needed to be sure that a tenant was creditworthy before a deal would be inked,” he said. “That's normal due diligence, and it hasn't changed. But now tenants need to be as sure of the solvency of the landlords as much as the other way around. It isn't any good to negotiate a sweet concession package if the landlord goes into receivership and can't afford it.”

LINK

Pricing Headed Downward...Tell Me Something I Don't Already Know

One thing is 100% certain to me: in the staring contest between buyers/tenants & sellers/landlords, sellers/landlords are going to be the ones blinking first. In what is akin to a Mexican standoff, the vast rift between buyers and seller expectations continue, at least for now.

But time is such a great equalizer, isn't it?

-A

Pricing Skid Suggests Sellers Capitulating to Buyers
Jun 22, 2009 - CRE News

In a sign that sellers are capitulating to buyers' demands, commercial property pricing dropped 8.6 percent in April, according to the Moody's/Real Commercial Property Price Indices, or CPPI.

The April drop is the largest recorded this investment cycle by the all-property component of CPPI, a collaboration of Moody's Investors Service and Real Estate Analytics that tracks repeat sales of properties.

The index stood at 135.31 in April and is 29.5 percent below the peak reached in October 2007, before sales activity began feeling the brunt of the credit-markets dislocation that started in late-summer 2007.

April's drop "suggests that sellers are beginning to capitulate to the realities of commercial real estate markets," which include demands for lower prices, Moody's said in its analysis of the CCPI. The index's second steepest monthly drop this cycle was by 5.5 percent in January.

Moody's further said that financially-distressed sellers became much more prominent in April. It noted that the volume of repeat sales made at prices resulting in losses to sellers was greater than the volume made at financial gains for the first month ever in its recording history.

In a rare bit of market optimism, Moody's speculated, "Large price declines may act as a catalyst to cause the bid-ask gap (between buyers and sellers) to narrow, which in turn may lead to an increasing number of transactions." April's 67 repeat sales, as recorded by the CPPI, compares to 82 in March.

If distressed sellers continue to be more prominent, it could set the stage for future pricing declines.

For the year ended in April, the all-property CPPI component dropped 25.3 percent, with declines across all property types, led by the office sector, which saw a 28.8 percent drop. Multifamily, retail and industrial were down 18.5 percent, 16.1 percent and 12.3 percent, respectively.

Every property sector saw price declines in every geographic region tracked by the CPP. Office prices fell most - 27.2 percent - in the East, followed by a 25 percent drop in the South and 22.2 percent drop in Southern California.

Declines in retail ranged from 7.3 percent in the West to 23.3 percent in the South.

The multifamily sector saw a 21.1 percent drop in the South. That region includes Florida, which saw a 22.5 percent decline. The East was the best-performing multifamily region with an 11.8 percent decline during the year ended April.

Industrial property declines ranged from 28.8 percent in the South to 7.3 percent in the West.

Long, Hot Summer

CoStar recently polled some real estate experts and their findings are less than encouraging for the COMRE market. In fact, some of this is downright scary, depressing stuff. Below is an excerpt, follow the link below to read the entire article.

Despite Promising Signs, Many Wary that Recession's Knockout Punch Could Still Come
Commercial Real Estate Industry Says Recovery is Not Around the Corner

By Mark Heschmeyer
June 17, 2009
The End Is Near (for This Recession).

So read some of the economic placards that have been trotted out in policy statements these days with catchphrases such as 'Sustainable Recovery.' 'Recession Is Coming To An End.' 'Policy Actions Having an Effect.' 'Seeing Green Shoots of Growth.' and 'The Crisis Has Stabilized.' Many pointed to the more than 2,000-point climb in the Dow Industrial Average over the last three months as proof that federal stimulus measures appeared to be having an effect in rousing the slumping economy.

Just this week, chief economists from JPMorgan Chase & Co., Wells Fargo & Co., PNC Financial Services Group, Morgan Stanley and others said they expect the economy to "recover from its deep slump by late summer." The group that makes up the Economic Advisory Committee of the American Bankers said they expect the nation's gross domestic product (GDP) to increase 0.5% in the July-September quarter -- this after falling a projected 1.8% in the April-June period.

snip...

No Consumer, No Recovery

The bottom has not been reached in retail. Vacancies in the Whittier area are increasing and rents are still headed downward.
David Johnson, Partner at Johnson, O'Neill & Associates Inc. in Downey, CA

An alternative opinion to a quick 1.5- to 2-year recovery touted by many groups is that there can be no recovery because of the decline in consumer spending due to an individual's perceived loss on their net worth based on their home value.
Brian H. Strout, Acquisition Manager at Sciens Real Estate Management in Greenville, SC

The long and short of it is that so far, this seems like a recovery without the consumer. And I just don't think that in an economy driven 70% to 80% by the consumer, that a consumer-less recovery is possible. The credit card default rates are another telltale sign of mounting problems. Americans are running out of spending power from every angle (home equity, personal credit and now, income loss from job losses). And we haven't even seen the bubble start to burst in commercial.
Tony O'Neill, Broker at Voit Commercial Brokerage in San Diego, CA

I represent Healthy Fast Food Inc. They have a new branded concept they are opening up across the country called U-Swirl Frozen Yogurt. From a tenant point of view, HFFI along with my other clients are still very concerned about consumer spending, unemployment, consumer confidence, foreclosures, and the economy as a whole. If we have hit the bottom, then it is our view that we are going to stay there and bounce for quite a long time. U Swirl is only doing screaming deals. The kind where the landlord is screaming, not the tenant.
Ron Opfer, CCIM, Broker with Coldwell Banker Premier Realty in Henderson, NV

My assessment is that the economy will pick up starting fourth quarter of 2009 but the employment situation will only start to increase during first quarter of 2010. I think the worst of the commercial real estate market is still yet to come. Commercial markets will be in recession through mid next year.
KC Sanjay, Senior Economic and Real Estate Analytics at Guaranty Bank in Dallas, TX
Property Fundamentals Weak and Getting Weaker

I don't think the end is anywhere in site for a commercial real estate bottom. The CMBS market has yet to even start clearing the defaults. when these sales really start, they will dwarf the RTC volume. What these properties will sell for in a market without leverage is anybody's guess. My feeling is that the 25% percent down of years gone by will remain the same, although in the future, that will be the whole price! Just when things may hit bottom in a year or two, we will most probably be faced with hyper inflation, which is at best a forced savings account for performing assets, but at worst an additional huge stress for non-performing real estate. What will a half empty office building be worth in a declining market when prime is 14%? It is a scary thought.
Andrew J. Segal, President of Boxer Property in Houston, TX

I do not believe the end of the recession is in sight yet. The new 90-day moratorium on residential foreclosures commencing just [this week] will only exasperate a more severe response of the residential markets' attempt for correction upon expiration of the 90-day moratorium. The commercial real estate correction has only just begun and it will be a painful and significant correction. I believe 2009 will prove to be the worst single year of the last 50 years. Keep in mind; every office job loss represents a minimum of 250 rentable square feet, which goes idle and far more in other property types. When you do the math - it's staggering. Now factor in deleveraging the CRE universe, increased cap rates likely to settle in the 9% - 11% range based on stabilized income, increased cost of capital, high vacancy/availability rates, additional unemployment each month including continued historical layoff's post-bottom with a beginning recovery and the lack of debt and equity needed to help a correction along. . . what do you have? Answer = we have the "perfect CRE storm" and much restructuring to accomplish with no end in sight soon.
Richard A. Hawthorne, Principal of Hawthorne Cos. in Santa Monica, CA

The capital and debt markets for real estate remain dysfunctional. Moreover, there remains a large gap between the expectations of sellers and buyers. This means that virtually no arm's length commercial real estate sales are taking place. The small numbers of sales transactions that are reported mostly have been distressed sellers or workouts and do not establish an "arm's length" price or even a trading market. Until properties trade freely and with frequency, investors will remain reluctant to bid on acquisitions from fear of "catching a falling knife".
Louis J. Rogers, CEO of Rogers Realty Advisors LLC in Glen Allen, VA

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