ABSOLUTE TRIPLE NET LEASED INVESTMENT OFFERING Bojangles 64 Walmart Plaza Sylva, North Carolina
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1 Cincinnati ABSOLUTE TRIPLE NET LEASED INVESTMENT OFFERING Bojangles Walmart Plaza Sylva, North Carolina PRICE ADJUSTMENT 79 INVESTMENT HIGHLIGHTS Dynamic location in Sylva, NC, just south of the Great Smoky Mountains Washington National Park - the most highly visited of 66 all 58 U.S. National 4 Parks Frederick Excellent visiblity with signalized access along Rte 107/Main Street, Sylva s primary commerical throughfare Alexandria 97 Bowie Baltimore Lexington- Fayette Strategically positioned as an outparcel to the area s only Wal-Mart Super Center Existing location with a proven ten-year operating history and historically strong sales Rare, newly recast, 20-year, absolute triple net lease with escalations and zero landlord obligations RICHMOND Bojangles Lynchburgcurrently operates over 600 locations in the Southeast and is one of the fastest growing QSR s in the industry Ches B CONCEPTUAL Roanoke Leased to strong tenant, BOJ of WNC, LLC Bojangles second largest franchisee and a proven multi-unit operator with over 35 locations in 4 states Ideal 1031 exchange opportunity Newport News Hampto V Nor Portsmouth Che Suffolk 74 INVESTMENT SUMMARY Knoxville Johnson City Asheville Winston-Salem Greensboro High Point 73 TOTAL SF 3,808 SF PRICE $ 2,200,000 CAP RATE 6.0% LAND AREA LEASE STRUCTURE LEASE TERM Durham RALEIGH ±.84 acres Absolute Triple Net 20 years YEAR ONE NOI $132,000 BASE RENT ESCALATIONS 7% every 5 years 4 Concord RENEWAL OPTIONS Four (4), 5-Year Options Gastonia Charlotte 4 RENEWAL OPTION INCREASES Fayetteville 7% increases during each option period 1 3
2 BOJANGLES WALMART PLAZA SYLVA, NC 107 EAST MAIN STREET FOR MORE INFORMATION, PLEASE CONTACT: TY THOMAS (919) 576 CATHARINE SPANGLER (804) JAMES MATTOX (919) No warranty or representation, express or implied, is made as to the accuracy of the information contained herein, and same is submitted subject to errors, omissions, change of price, rental or other conditions, withdrawal without notice, and to any specific listing conditions, imposed by our principals. Actual property not pictured. Photos contained herein are used strictly for marketing purposes.
3 Cincinnati ABSOLUTE TRIPLE NET LEASED INVESTMENT OFFERING Bojangles 5697 Asheville Highway Hendersonville, North Carolina PRICE ADJUSTMENT 79 INVESTMENT HIGHLIGHTS Frederick 97 Bowie Strategic hard corner location, with signalized access at the Washington 66 4 intersection of Asheville Highway and Naples Road, less than one mile Alexandria from Interstate Relocation of existing store with a proven 10-year operating history and strong sales Baltimore Lexington- Fayette Build-to-suit construction of Bojangles newest store layout Rare, newly recast, 20-year, absolute triple net lease with escalations and zero landlord obligations CONCEPTUAL Knoxville Asheville Johnson City 74 Winston-Salem Roanoke High Point Bojangles currently operates over 600 locations in the Southeast and is one of the fastest growing QSR s in the industry Leased Lynchburg to strong tenant, BOJ of WNC, LLC Bojangles second largest franchisee and a proven multi-unit operator with over 35 locations in 4 states Greensboro 73 Ideal 1031 exchange opportunity INVESTMENT SUMMARY TOTAL SF 3,500 SF PRICE $ 2,2,000 CAP RATE 5.% LAND AREA ± 1.05 acres LEASE STRUCTURE Absolute Triple Net LEASE TERM 20 years YEAR ONE NOI $132,000 BASE RENT ESCALATIONS RENEWAL OPTIONS Durham RALEIGH RENEWAL OPTION INCREASES RICHMOND 7% every 5 years Four (4), 5-Year Options Newport News 7% increases during each option period Suffolk Ches B Hampto V Nor Portsmouth Che Concord Gastonia Charlotte 4 Fayetteville 1 3
4 BOJANGLES 5697 ASHEVILLE HIGHWAY HENDERSONVILLE, NC 107 ASHEVILLE HIGHWAY FOR MORE INFORMATION, PLEASE CONTACT: TY THOMAS (919) 576 CATHARINE SPANGLER (804) JAMES MATTOX (919) No warranty or representation, express or implied, is made as to the accuracy of the information contained herein, and same is submitted subject to errors, omissions, change of price, rental or other conditions, withdrawal without notice, and to any specific listing conditions, imposed by our principals. Actual property not pictured. Photos contained herein are used strictly for marketing purposes.
5 CONFIDENTIALITY AGREEMENT PROPERTY: 2-Unit Bojangles Portfolio Hendersonville & Sylva, North Carolina Thalhimer Raleigh, LLC of North Carolina ( Broker ), licensed broker in North Carolina, in conjunction with the Owner has prepared this confidential due diligence material intended solely for your limited use in determining whether you desire to express any further interest in the acquisition of all or a portion of a 2-unit Bojangles portfolio with locations at Walmart Plaza, Sylva, North Carolina or 5697 Asheville Highway, Hendersonville, North Carolina (the Property ). The Owner has directed that all inquiries and communications with respect to the contemplated sale of such Property be directed to Broker. All fees due Broker in connection with the sale of the Property shall be paid by the Owner. Neither Broker nor Owner shall be responsible for paying any fees to agents representing Potential Purchasers. Broker has available for review certain information concerning the Property which includes brochures and other materials (collectively Informational Materials ). Broker will not disclose such Informational Materials to Potential Purchaser unless and until the Purchaser has executed this agreement. Upon Broker s receipt of this executed agreement, Broker is prepared to provide the Informational Materials for the Potential Purchaser s consideration in connection with the possible purchase of the Property subject to the following conditions. 1. All Informational Materials pertaining to the Property which may be furnished to the Potential Purchaser by Owner shall continue to be the property of the Owner and Broker. The Informational Materials will be used solely for the purpose of the Potential Purchaser and may not be copied or duplicated without Owner s written consent and must be returned to Owner immediately upon Owner s request or when the Potential Purchaser terminates negotiations with respect to the Property. 2. The Informational Materials may be disclosed to the Potential Purchaser s partners, employees, legal counsel and institutional lenders ( Related Parties ), for the purpose of evaluating the potential purchase of the Property. 3. The Potential Purchaser understands and acknowledges that Broker and the Owner do not make any representations or warranties as to the accuracy or completeness of the Informational Materials and that the information used in the preparation of the Informational Materials was furnished to Broker by others and has not been independently verified by Broker and is not guaranteed as to completeness or accuracy. 4. The Potential Purchaser hereby indemnifies and holds harmless Broker, Owner and their respective affiliates and successors and assigns against and from any loss, liability or expense, including attorney s fees, arising out of any breach of any of the terms of this Agreement. 5. The Potential Purchaser acknowledges that the Property has been offered for sale subject to withdrawal from the market, change in offering price, prior sale or rejection of any offer because of the terms thereof, lack of satisfactory credit references of any prospective purchaser, or for any other reason whatsoever, without notice. The Potential Purchaser acknowledges that the Property is being offered without regard to race, creed, sex, religion, national origin or any other protected class as provided by the laws of the State of North Carolina. This agreement terminates one (1) year from the date hereof except as to written claims by Owner against Potential Purchaser prior thereto. 6. This Agreement shall be construed in accordance with the laws of the State of North Carolina. In the event of any action or claim arising from an alleged breach of this Agreement, Venue shall lie with a court of competent jurisdiction within the State of North Carolina. IT IS EXPRESSLY UNDERSTOOD THAT THE SIGNATORIES TO THIS AGREEMENT WAIVE ANY AND ALL RIGHTS TO TRIAL BY JURY IN THE EVENT OF A SUIT OR ACTION ARISING FROM AN ALLEGED BREECH OF THIS AGREEMENT. If in agreement with the foregoing, please return one signed copy of this agreement to: Attention: Deanna Connolly 2301 Sugar Bush Road, Suite 520 Raleigh, NC Phone: (919) Fax: (919) deanna.connolly@thalhimer.com POTENTIAL PURCHASER: ACCEPTED AND AGREED TO: COMPANY: SIGNATURE: ADDRESS: NAME: TITLE: PHONE NUMBER: DATE: FAX NUMBER:
6 AGENCY DISCLOSURE North Carolina law and regulations require real estate agents to disclose their agency relationships to all prospective customers and clients. In addition to meeting that requirement, this disclosure is intended to inform customers about agency relationships and the duties of real estate agents, brokers and firms. For convenience, Thalhimer and all other real estate agents, brokers and firms are hereinafter collectively referred to as "licensees" since they are all required to be licensed by the North Carolina Real Estate Board. AGENCY is the relationship formed when one person works for or represents another person by express authority. People whom licensees represent are called "clients". People who receive services from licensees without being represented by the licensees are called "customers". A licensee does not necessarily represent the person who pays him or her. As a result, a licensee can represent the buyer, but be paid by the seller, or vice versa. Although agency relationships can be formed without a written agreement, you should not assume that any person represents you unless you have a written agreement with such person. The agreement between the licensee and the client creates a brokerage relationship. CLIENT STATUS. As a client, you enter into an agreement with a licensee for that licensee to represent you. This agreement may be called a "listing," a "management agreement," a "buyer broker agreement," or an "agency agreement," depending on whether you are a seller, landlord, buyer, or tenant. You are then the licensee's client. If the agreement is an exclusive agreement, you are required to work through that licensee. A licensee will generally be entitled to a commission if you buy, sell, or lease (as applicable) property, even if you do not use the services of the licensee. A licensee is required to provide you certain assistance, such as to fulfull contractual obligations, facilitate settlement or finalize a lease, and to disclose any material information related to the property or the transaction of which the licensee has actual knowledge. The licensee is also required not to disclose to other parties any personal or financial information about you or any other information you ask to be kept confidential. CUSTOMER STATUS. As a customer, you do not sign an agreement with a licensee (although the licensee is still required to obtain this Agency Disclosure form executed by you). You are then the licensee's customer. The licensee may represent the other party in the transaction, who will be the licensee's client. You are not legally required to work through a licensee, and the licensee will only be entitled to a commission if you buy, sell or lease (as applicable) property through the licensee. A licensee can give you general advice and is required to treat you honestly and disclose material adverse facts known to the licensee regarding the physical condition of the property, but the licensee generally cannot give advice regarding price or assistance in negotiating favorable terms. The licensee is required to disclose to its client any information which it knows about you which might be helpful to the client. If you will be a customer, you should be aware that there may be other relevant information concerning the transaction which may be obtained from other sources. ADDITIONAL DUTIES OF LICENSEES. In addition to the duties that are described above and any duties included in the agreement between the licensee and the client, a licensee has certain duties under North Carolina law and the regulations of the North Carolina Real Estate Board. A licensee must promote the interests of its client by seeking a buyer or tenant or an appropriate property for its clients, although a licensee is not required to continue these efforts after a contract has been signed, and by timely presenting all written offers and counter-offers. A licensee must account to its client for all money and property which the licensee receives in which the client has an interest. Before a licensee enters into a brokerage relationship, the licensee must advise the prospective client of the type of relationship which is proposed, the licensee's compensation and whether the licensee will share that compensation with a licensee who represents another party to the transaction. A licensee owes its clients a duty of ordinary care. "Cushman & Wakefield Thalhimer" is a registered trade name for Thalhimer Raleigh, LLC a North Carolina corporation, which is a duly licensed real estate brokerage and services firm and an independently owned and operated business. This is not an agreement, but only a disclosure form. DISCLOSURE OF BROKERAGE RELATIONSHIP I acknowledge that Thalhimer and Ty Thomas, James Mattox and/or Catharine Spangler, have disclosed to me that they represent the following party in this real estate transaction: Seller The commission for the transaction contemplated between the undersigned will be paid by: Seller Property: Walmart Plaza, Sylva, North Carolina/5697 Asheville Highway, Hendersonville, North Carolina Date Printed Name Signature Company
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