Business & Legal Considerations for Nonprofits Selecting Office Space. Mack Heller & James Pitts

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Transcription:

Business & Legal Considerations for Nonprofits Selecting Office Space Mack Heller & James Pitts 9.26.2018

Mission of Pro Bono Partnership of Atlanta: To maximize the impact of pro bono engagement by connecting a network of attorneys with nonprofits in need of free business legal services.

Pro Bono Partnership of Atlanta Eligibility & Other Information In order to be a client of Pro Bono Partnership of Atlanta, an organization must: Be a 501(c)(3) nonprofit. Be located in or serve the greater Atlanta area. Serve low-income or disadvantaged individuals. Be unable to afford legal services. Visit us on the web at www.pbpatl.org We host free monthly webinars on legal topics for nonprofits To view upcoming webinars or workshops, visit the Workshops Page on our website Join our mailing list by emailing rla@pbpatl.org

Legal Information: This webinar presents general guidelines for Georgia nonprofit organizations and should not be construed as legal advice. Always consult an attorney to address your particular situation. 2018 Pro Bono Partnership of Atlanta. All rights reserved. No further use, copying, dissemination, distribution or publication is permitted without express written permission of Pro Bono Partnership of Atlanta.

Mack Heller James Pitts

Strategy Case Study Rent vs. Own 501 (c)(3) Leasing Purchasing

Strategy Case Study Rent vs. Own 501 (c)(3) Leasing Purchasing

Strategy

Strategy Cycle Culture Talent Real Estate Collaborate Services Employees Clients What Else?

Strategy Case Study Rent vs. Own 501 (c)(3) Leasing Purchasing

Owning Potential Benefits Level payment Chance of value appreciation Control of building Ability to lease to others Potential Risks Cost of Capital Debt ratio Maintenance & Repair Obsolescence Tenants Growth or decline in headcount Risk of casualty

Leasing Potential Benefits Less upfront capital Tenant improvement allowance is amortized into rent Less ownership headaches Owner responsible for repairs and maintenance in some cases Ability to grow or shrink Potential Risks Rent payments may escalate No upside appreciation Difficult landlord Termination of lease Inability to grow or shrink Landlord right to relocate

Strategy Case Study Rent vs. Own 501 (c)(3) Leasing Purchasing

Purchasing Timeline Due Diligence Closing Negotiation 2-3 months Buildout Search 1 month 3-6 months Occupy 2-6 months Connected

Purchasing Considerations 1 2 3 4 5 Search Negotiation Due Diligence Buildout Occupy 1 Search Requirements Tours Analysis Decisions Offers Quotes

Purchasing Considerations 1 2 3 4 5 Search Negotiation Due Diligence Buildout Occupy 2 LOI Appraised value Price Escrow Agent Due Diligence Conditions Earnest Money Entity

Purchasing Considerations 1 2 3 4 5 Search Negotiation Due Diligence Buildout Occupy 3 Title Inspection Extensions Earnest Money Tenants Personal Property Phase 1 Zoning Other contingencies Physical Inspections Contracts Internal approvals

Purchasing Considerations 1 2 3 4 5 Search Negotiation Due Diligence Buildout Occupy 4 Punchlist Access Self Perform CO Architect Permits Change Orders Quotes Finishes Moving Technology Relocation Furniture Communication Parking Services

Purchasing Considerations 1 2 3 4 5 Search Negotiation Due Diligence Buildout Occupy 5 Insurance Occupy Unrelated Business Income Tax Trade or Business Landlord Physical Inspections Rebuild/Maintain Regularly carried on Not substantially related

Strategy Case Study Rent vs. Own 501 (c)(3) Leasing Purchasing

Leasing Timeline Lease executed Negotiation Buildout Search 1 month 3-6 months Occupy 2-6 months Connected

Leasing Key Concepts 1 2 3 4 Search Negotiation Buildout Occupy 1 Requirements Tours Analysis Decisions RFPs Quotes

Leasing Key Concepts 1 2 3 4 Search Negotiation Buildout Occupy 2 LOI Free rent SNDA Damages Stalking horse Tenant Allowance Relocation Default LL s Work Personalities Self Help Form lease CAM Insurance Renew Sublease

Leasing Key Concepts 1 2 3 4 Search Negotiation Buildout Occupy 3 Punchlist Self Perform CO Access Technlogoy Architect Permits Change Orders Furniture Quotes Finishes Moving Communication Parking Services

Leasing Key Concepts 1 2 3 4 Search Negotiation Buildout Occupy 4 Insurance Punchlist Keys Technology Repairs Key lease dates Furniture

Strategy Case Study Rent vs. Own 501 (c)(3) Leasing Purchasing

Case Study 90K $2M 4 40K

Before

Results $2M -10% 28K $3M

Case Study Attract Culture Tomorrow s Workforce Inspirational Engagement Space Collaboration Innovation & Teamwork Health, Well-being & Sustainability

After

Strategy Case Study Rent vs Own 501 (c)(3) Leasing Purchasing

Mack Heller James Pitts Thank You For Your Time

For More Information: If you would like more information about the services of Pro Bono Partnership of Atlanta, contact us at: www.pbpatl.org info@pbpatl.org (404) 618-0900