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12. City/BALSCO Lease - PECDD Office - 248 3rd Ave EastiheCityof Kalispell Incorporated 1892 Planning, Economic & Community Development Department P.O. Box 1997 Kalispell, MT 59903-1997 MEMORANDUM TO: Bruce Williams, City Manager FROM: Lawrence Gallagher, PECDD, Director DATE: May 22, 1995 SUBJECT: BALSCO/CITY Lease of PECDD Office - 248 3rd Avenue East 248 Third Avenue East (406) 758-7740 (406) 758-7739 (office fax) (406) 758-7758 (City Hail fax) Recommendation: City Council approval for you to execute a new Lease for period May 1, 1995 through April 30,1997. Attached is a copy of (I) a Memorandum to BALSCO LEASE FILE-PECDD OFFICE LEASE, dated May 17, 1995, which memorialized a May 17, 1995, meeting with the BALSCO partners and an explanation of the City's offer and terms; and, (ii) a copy of Randall S. Ogle's May 18, 1995, letter accepting the offer and suggesting "a two year lease now to avoid the necessity to deal with the issue again next year." Based on my meeting and discussion with you late Wednesday, I concur with Mr. Ogle's suggestion for a two year lease with an option to renew for an additional one year term. The CPI annual adjustment needs to be considered each year and it will be necessary to specify in the lease which CPI index will be used. Also attached is a copy of a spreadsheet comparison of the existing, proposed, and negotiated leases utilizing the "existing lease" Gross Area dimensions and the Net Usable Area Dimensions for the main floor and the basement storage area. To summarize that data: The negotiated rent ($23,870/Yr.) represents an actual increase of 15.98 percent over the 1994/1995 lease. Using the "existing lease" Gross Area calculations, the scheduled rent was $7.20/SF/Yr and will be $8.35/SF/Yr. if my recommendation and BALSCO's offer is approved. The BALSCO partners initially proposed a 32.48 percent increase with 6% annual increases. This represents the "apples to apples" comparison. However, from the City's perspective, I assumed a NET USABLE AREA in computing our negotiated rent, breaking out the basement and main floor areas, calculating each area at the respective rents of $1.50/SF/Yr. and $8.50/SF/Yr. Thus, the actual "effective" NET USABLE AREA rent is $7.07/SF/Yr., including the basement area in the calculation, estimated to increase to approximately $7.65/SF/Yr. assuming a 4% annual CPI increase. Please request City Council approval to accept the BALSCO Partnership's offer and to authorize your signature on a lease. lu'10me)►7i ITTi1T TO: BALSCO LEASE FILE - PECDD OFFICE LEASE FROM: Lawrence Gallagher, PECDD, Director DATE: May 17, 1995 SUBJECT: Meeting with Everit Sliter and Randy Ogle regarding lease and terms Messrs Ogle and Sliter met with me in Mr. Ogle's office at 2:00 pm today to discuss my April 27, 1995, Memorandum to Everit Sliter and the City's lease with the BALSCO Partnership. I presented the results of an informal market survey with Ed Gilliland, owner of the Ford and Glacier Building(s) and with TD&H a tenant in the Meridian Office Building. I stated that the rent BALSCO had proposed was not acceptable to the City when considering both historical rent and market rent. I discussed the City's options regarding the possible purchase of the Flathead Industries building across the street from BALSCO's building, a move to the Meridian Office Building, remodeling of Central School or additions to City Hall and suggested that we may be forced to consider other low rent alternatives. After a lengthy discussion of the Kalispell office market and trends and vacant space about to come on the market (Mac's Place) Glacier Building etc., I suggested that I could recommend an annual rent of no more than $23,870 for a one year lease with two one year options to renew at the same base rent with annual adjustments equal to the CPI for the NW United States. I mentioned that I believed the CPI adjustment for the past few years was approximately 3.5 percent annually, in any event not more than 4 % . The $23,870 annual rent would be computed by multiplying the NET/SF AREA of the main floor, 2,687 by $8.50/SF = (2,687 X $8.50 = $22,839.50), and, multiplying the BASEMENT NET USABLE AREA, 687.24 by $1.50/SF = (687.24 X $1.50 = $1,030.86) for a total annual rent of $23,870. The computation for the Net usable area is different than the original lease because when faced with the high suggested rent, I asked our building official to measure the building on a net usable basis and discovered that BALSCO had used the Gross outside dimensions of the building and tax records when the original lease was drafted. I told them the lease must be changed to reflect net usable rather than Gross outside wall dimensions. I also pointed out that the rental comparables discussed above were based not only on Net usable areas but excluded stairs, rest rooms and other common areas in the buildings. My computation included all of the interior space of the building. The rent I suggested would represent a 15.98 percent increase in annual rent for the building rather than the 32.48 percent increase proposed by BALSCO: If one used the NET USABLE AREA OF THE BUILDING INCLUDING THE BASEMENT of 3,374 square feet, the RENT NET/SF would be $7.07/SF/Yr. or approximately $1.00/SF less than proposed by BALSCO. Assuming Cost of Occupancy charges for gas, electric, water only, the city would be paying approximately $8.21/SF/Yr. increasing approximately 4 percent annually rather than the 6 % proposed by BALSCO. The City has done substantial leasehold improvements to the property and maintains the exterior and landscaping. I advised the partners we had no intention of remodeling the restrooms for ADA requirements unless compelled to do so by the State. Mr. Sliter suggested a two year lease rather than a one year lease with options. My response was that it is more than likely we cannot find new accommodations before May 1, 1996, and therefore may be forced to exercise an options to renew; however, we would prefer to allow the flexibility to move out if space became available in another building before May 1, 996. Messrs Ogle and Sliter agreed to call the other BALSCO partners and have an acceptance of my offer or a counter proposal delivered to me in draft form by 5:00 pm, May 19, 1995, so that I may advise the City Manager and City Council during the work session on May 22, 1995. Finally, Mr. Ogle agreed to review the lease document to correct the changes I pointed out in my April 27, 1995 Memorandum to Sliter. I MAY 1 9 19�-3r OGLE & WORM ATTORNEYS AT LAW 17 Second Street East, Suite 211 P.O. Box 899 Kalispell, Montana 59903-0899 406-752-7550 Fax 406-257-0411 May 18, 1995 Larry Gallagher Kalispell Community Development Department 248 Third Avenue East Kalispell, Montana 59901 Re: 248 3rd Avenue East Lease Dear Larry: R1XDALL S. OGLE DARRELL S. WORM SCOT]' C. WURSTER The Balsco partnership hereby accepts the offer of the City of Kalispell to lease the above -referenced building upon payment of 'rent in the sum of $23,870.00 for the period from May 1, 1995, through April 30, 1996. We are also agreeable with the City's proposal that rent would increase in accordance with changes in the Consumer Price Index for the following year, if the City continues to lease the building for an additional year. In light of the fact that the next budget for the City of Kalispell will not be set until August 1, 1995, it appears highly unlikely that any other space would be ready for occupancy by the City of Kalispell by May 1, 1996, so we would propose a two year lease now to avoid the necessity to deal with the issue again next year. The remainder of the terms of the Lease would be identical to the existing Lease with the City of Kalispell. Please advise if the above is acceptable to the City of Kalispell, and I will forward a proposed Lease Agreement. We have enjoyed our relationship with the City of Kalispell to date, and look forward to continuing the positive relationship we have established in the future. Thank you. Sincerely, OGLE & ORM Randall Og RSO:sms pc: Everit Sliter Dana Christensen Jim Stephens .17-May-95 BALSCO LEASE ANALYSIS - 248 THIRD AVENUE EAST Planning, Economic & Community Development Department Office Space: Primary term - commencing May 1, 1991 TERM/YR RENT/MO RENTIYR. GROSS/S RENT NET/SF RENT % CHAN AREA* GROSS/S AREA* NET/SF (NET/SF) 1991 /1992 $1,570.83 $18,850 2,859 $6.59 2,687 $7.02 1992/1993 $1,570.83 $18,850 2,859 $6.59 2,687 $7.02 0.00% 1993/1994 $1,665.00 $19,980 2,859 $6.99 2,687 $7.44 5.99% 1994/1995 $1,715.09 $20,581 2,859 $7.20 2,687 $7.66 3.01 % TOTAL $78,261 PROPOSED LEASE: 1995/1996 $2,272.16 $27,266 2,859 $9.54 2,687 $10.15 32.48% 1996/1997 $2,390.75 $28,689 2,859 $10.04 2,687 $10.68 5.22% 1997/1998** $2,534.20 $30,410 2,859 $10.64 2,687 $11.32 6.00% COMPUTATION INCL. BASEMENT NET USABLE AREA - 687.24/SF 1995/1996 $2,272.16 $27,266 3,546 $7.69 3,374 $8.08 5.50% 1996/1997 $2,390.75 $28,689 3,546 $8.09 3,374 $8.50 5.22% 1997/1998** $2,534.20N 3,546 $8.58 3,374 $9.01 6.00% * The Area computations are for the main floor only ** Proposed lease option to renew COST OF OCCUPANCY: GAS, ELECTRIC, WATER... INSURANCE NOT INCLUDED. GAS/ELEC WATER 1991 /1992 $2,451.00 $346 2,859 $0.98 2,687 $1.04 1992/1993 $2,867.94 $738 2,859 $1.26 2,687 $1.34 28.92% 1993/1994 $2,719.00 $702 2,859 $1.20 2,687 $1.27 -5.13% 1994/1995*** $2,166.00 $1,086 2,859 $1.14 2,687 $1.21 -4.94% *** CHARGES ONLY THRU 3/31 /95 SUGGESTED LEASE (OFFER) DISCUSSED ON MAY 17, 1995, MEETING COMPUTATION INCL. BASEMENT NET USABLE AREA- 687.24/SF 1995/1996 $1,989.20 $23,870 3,546 $6.73 3,374 $7.07 1996/1997 $2,068.76 $24,825 3,546 $7.00 3,374 $7.36 4.00% 1997/1998** $2,151.52 •Nr. 3,546 $7.28 3,374 $7.65 4.00% COMPUTATION USING EXISTING LEASE AREA COMPUTATIONS TO SEE % INCREASE 1995/1996 $1,989.20 $23,870 2,859 $8.35 2,687 $8.88#v Page 1