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