HomeMy WebLinkAboutSS2 - Beacon Bay Home Owners Association Proposed Rate Change to Current Lease - Correspondence2,•12. 19
SEE -# SS2
1. The Beacon Bay Ground Lease formula is economically obsolete resulting in ground lease rents that
have accelerated to 4x more than what the Irvine Company — the largest ground lease landlord in
the city— is charging.
2. How to determine fair market value? According to the State Lands Commission guidelines as well
as national appraisal associations, the most generally accepted fair market evaluation is a
comparable rent study in the same market. Leeper Appraisal — a licensed residential appraisal
company — recently completed a comparable study of ground lease rents which is enclosed.
3. The Leeper Appraisal is comprised of nine recent comps and shows that buyers for all nine
properties are paying less than 1% of the purchase price AFTER the sale for their ground lease rent,
and the average was 4/10ths of 1% vs. the 2.5% the city is charging. To put actual numbers to this,
here are two sample ground lease comps:
59 Linda Isle / Selling price $5,800,000
Actual annual ground lease going forward after the sale: $40,003 (.69% of selling price)
If this were in Beacon Bay, annual ground lease: $145,000 (2.5% of selling price / 3.6X ahead of market)
2521 Crestview Drive (Bayshores) / Selling price $1,300,000
Actual annual ground lease going forward after the sale: $5,520 (.42% of selling price)
If this were in Beacon Bay, annual ground lease: $32,500 (2.5% of selling price / 5.7X ahead of market)
4. MAKE IT FAIR: All we are asking is to make it fair. After months of internal discussion and market
evaluation, we believe the fair and right rate to be 1%, which is still significantly ahead of the
market average which is 4/10ths of 1%.
5. PHASE IN PERIOD: We are willing to phase in the 1% rate over a 5 year period to help mitigate a dip
in revenue by allowing the increased revenue as homes sell (which result in ground leases resetting
to selling price) to help offset a decline in existing revenue as rates reset to market. We anticipate
rental income being relatively flat during the phase in period before increasing again. After this 5
year phase in period, we anticipate annual revenue increasing by $384,000 10 years out and by
$2.2 million 20 years out.
6. JUSTIFICATION FOR NO CPI: Currently 28 of the 61 homes have no CPI increase but to be fair all
should have no CPI increase for these two reasons:
In lieu of a CPI increase, we pay property taxes based on the purchase price, plus "possessory
interest surcharge" tax on land owned by the city. In short, we also pay property tax on full value of
the land as if we owned it.
® If Beacon Bay ground lease amounts were assumable, then a CPI increase would be warranted.
However, instead of buyers assuming a lease amount tied to CPI, the city established that Beacon
Bay leases would not be assumable and instead would reset to the selling price, resulting in the
buyer paying a giant waterfall lease increase to the city. This "lease reset formula" replaces the
need for CPI. The city can either have the leases be assumable and charge CPI or reset to selling
price with no CPI increases, but it is grossly unfair and completely unsustainable to have both. This
is something the city understood years ago which is why 28 homes have no CPI increases and why
going forward, there should be no annual CPI increase for all Beacon Bay homes.
Ground Lease Rent Study -1
Client
Beacon Bay HOA
Property Address
Ground Lease Rent Stud
City
Newport Beach County Orange State CA Zip Code
Appraiser
Chas W Leeper. SRA
Sales with ground lease
2520 Vista Del Oro, Newport Beach 92660
Comments:
Sates Price: $500,000
Sale Date: 12/19/14
Lease amount per month: $150
Annual lease amount: $1,800
Annual rent as percentage of sales/listing price: .36%
2018 Vista Caudal, Newport Beach 92660
Comments:
Sales Price: $795,000
Sale Date:9/30/15
Lease amount per month: $191.70
Annual lease amount: $2,300
Annual rent as percentage of sales/listing price: .28%
59 LINDA, Newport Beach 92660
Comments:
Listing Price: $5,800,000
Listing Date:1/5/11
Lease amount per month: $3,333.66
Annual lease amount: $40,003.92
Annual rent as percentage of sales/listing price: .69%
458 Gaviota, Newport Beach 92660
Comments:
Sales Price: $710,000
Sale Date:8/31/17
Lease amount per month: $1,440
Annual lease amount: $14,440
Annual rent as percentage of salesAisting price: .20%
Form PICFOUR -'TOTAL" appraisal software by a la mode, ine. -1-800-ALAMODE
Ground Lease Rent Study -2
Client Beacon Bay HOA
Property Address Ground Lease Rent Stud
City Newport Beach County Orange Ste CA Zip Code
Appraiser Chas W Leeper, SRA
Sales with ground lease
2002 Vista Caudal, Newport Beach 92660
Comments:
Sales Price: $660,000
Sale Date: 12/8/17
Lease amount per month: $208
Annual lease amount: $2,496
Annual rent as percentage of sales/listing price: .37%
600 Hilvanar, Newport Beach 92660
Comments:
Sales Price: $579,000
Sale Date:1/30/18
Lease amount per month: $142.26
Annual lease amount: $1,707.10
Annual rent as percentage of sales/listing price: .29%
407 Vista Suerte, Newport Beach 92660
Comments:
Sales Price: $769,650
Sale Date:8/30/16
Lease amount per month: $187.87
Annual lease amount: $2,254.40
Annual rent as percentage of sales/listing price: .29%
2521 Crestview Or, Newport Beach 92663
Commends:
Sales Price: $1300000
Sale Date:3/4/15
Lease amount per month: $460
Annual lease amount: 5,520
Annual rent as percentage of salesAisting price: .42%
Form PICFOUR -'TOTAL" appraisal software by a la mode, inc. -1-800-ALAMODE
Ground Lease Rent Study -3
Client
Beacon Bay HOA
Property Address
Ground Lease Rent Stud
City
Newport Beach County Orange State CA Zip Code
Appraiser
Chas W Leeper, SRA
Sales with ground lease
3
2427 Blackthorn St, Newport Beach 92660
Comments: Comments:
Sales Price: $1250000
Sale Date:4/22/15
Lease amount per month: $819.26
Annual lease amount: $9,831.12
Annual rent as percentage of salesAisting price: .78%
Comments: Comments:
Form PICFOUR - 'TOTAL' appraisal software by a la mode, inc.-1-800•ALAMODE
Supplemental Addendum File No.
Client
Beacon Bay HOA
Property Address
Ground Lease Rent Stud
City
Newport Beach county orange State CA Zip Code
Appraiser
Chas W Leeper, SRA
SUMMARY:
The ground lease rent data encompasses nine comps all within city limits of Newport Beach. The ground lease
information provided did not include manufactured housing or mobile homes as they are considered too far removed
for comparable purposes. Monthly and annual lease rates are included, along with the sales price for each comp. For
all nine comps, the annual rent as a percentage of the sales price was less than 1 % of the sales price. The average
rent was .40% of the purchase price. According to available information, lease amounts were assumable to the new
buyer and were not subject to adjustment to the purchase price.
The rental information provided is research provided the client and not an appraisal and no value conclusion was
made or intended. The information was taken from the MLS.
Form TADD -'OTAL' appraisal software by a la mode, inc. - 1 -800-ALAMODE
Fairness Evaluation of Beacon Bay Lease
DATE: November 10, 2018
TO: The City of Newport Beach and State Lands Commission
FROM: Beacon Bay Ground Lease Restructure Committee
Beacon Bay is comprised of 71 residential ground lease lots owned by the City. The ground lease rate is
2.5% of the purchase price which over the years has become economically obsolete and unfair, resulting
in rents that have accelerated to 4x or more higher than what comparable ground leases in Newport
Beach, including the Irvine Company—the largest residential ground lease landlord in the city -- are
charging their residential leaseholders.
In June, 2018 Leeper Appraisal conducted a ground lease rent survey of nine recent home sales on
ground leases in Newport Beach. in all nine comps, the rent being charged to the new homeowner after
the sale was less than 1% of the purchase price and the average was 4/10`h of 1% of the purchase price.
As such, Beacon Bay is proposing the rate be reset to 1% of the purchase price that -- while still higher
than the comps -- will bring it closer to market value.
USING A COMPARISON OF CURRENT RENTS TO ESTABLISH FAIR MARKET VALUE
According to any of the various appraiser associations, there are many economic theories at play in
trying to determine fair market value rents on ground leases that have been substantially improved by
lessees. A Google search on the topic quickly leads to a rabbit hole of dissenting opinions, legal
challenges, and debunked theory. Indeed, the American Bar Association has this to say: "Fixing the value
of the land alone when it has been substantially improved is a highly theoretical exercise." However, one
method all can agree upon as being the most accurate, the most fair, and the most generally accepted is
a comparison of current rents being charged by other ground lease landlords in the same market on
similar properties.
The Irvine Company owns 103 residential ground lease properties in Newport Beach making them the
largest residential landlord of comparable properties in the city. As such, comparable rents charged by
the Irvine Company for their ground leases that have been substantially improved by their lessees
should be the primary comp in determining market rates for Beacon Bay's ground leases that likewise
have been substantially improved by their lessees. Indeed, in an article discussing best practices for
establishing fair market rental rates, the National Real Estate Investor magazine reports, "The fair
market rental value will generally be based on comparable leases of comparable space." This is
underscored by the California State Lands Commission's guidelines (Pub. Resources Code 6501 and
6503) that states: "The Commission has broad discretion in all aspects of leasing state lands, including
the method or amount of rent that is most appropriate, including .... a comparison of rents for other
similar land or facilities."
HISTORY OF GROUND LEASES IN NEWPORT BEACH
In 1983 shortly after the Irvine Company changed hands, to help pay for their acquisition the new
owners sought to dramatically raise rents to approximately 4000 homeowners on residential ground
leases. The homeowners formed a group called the Committee of 4000 and sued the Irvine Company for
predatory leasing. The Irvine Company settled and set ground lease rents at a more acceptable market
level to the 4000 homeowners. Those ground lease rents at the time mirrored relatively the 2.5% rate
the city was charging Beacon Bay. However because like most leases Irvine Company ground leases are
assumable to a new buyer whereas the City's ground leases reset to the purchase price with each sale,
this lease parity not only evaporated over time but in recent years has jumped to 4x more than what the
Irvine Company charges in rent for their ground leases after a sale. Clearly, it was never the intent of
the city -- or for the State Lands Commission in approving the lease rate -- to be 4x more than
comparable market rents for residential ground leases. As such, the Beacon Bay lease rate is unfair and
needs to be corrected.
MITIGATING A DIP IN CURRENT REVENUE
Over the decades, Beacon Bay has gone through numerous ground lease restructures. Each time the
lease has been restructured, the State Lands Commission and the City of Newport Beach have expressed
concern that the form of the restructuring be done in such a way as to mitigate a dip in current revenue.
For this reason, Beacon Bay is proposing that while the 1% lease rate would be available immediately for
any new homebuyer and for any 1994 Lessee that wishes to have their home appraised to current value
and enter into a new 50 year lease, for 2012 Lessees (already on the 50 year lease) it means that the 1%
rate would be phased in over a five year period. Doing so allows for leases from ongoing home sales to
reset to the selling price and uses that increase in income to offset any measurable dip in current
income. Thus the proposed restructure would look as follows:
1994 LESSEES: would have the option, but not the obligation, to terminate their lease and enter into a
new 50 year lease by:
1. Having their home appraised for current value
2. Rate is set at 1% of the appraised value
3. New rate goes into effect immediately
4. Conversion fee is waived
5. No annual CPI increase (revenue increases through home sales resetting to selling price)
2012 LESSEES: Would have the option but not the obligation to amend their lease to 1% of their original
purchase price. However, this rate is phased in over a five year period as follows:
• Months 1-12: 2.5% of the first $3 million in purchase price and 1% for remaining value
• Months 13-24: 2.5% of the first $2.5 million in purchase price and 1% for remaining value
• Months 25-36: 2.5% of the first $2 million in purchase price and 1% for remaining value
• Months 37-48: 2.5% of the first $1.5 million in purchase price and 1% for remaining value
• Months 49-61: 2.5% of the first $1 million in purchase price and 1% for remaining value
• Months 62 and beyond: 1% of the purchase price
• No annual CPI increase (revenue increases through home sales resetting to selling price)
NEW BUYERS: Would enter into a 50 year lease at:
• 1% of the purchase price
• No annual CPI increase (revenue increases through home sales resetting to selling price)
Again, these changes are designed to maintain the existing income stream to the City and to increase
the flow of income over time.
INCOME APPRECIATION TIED TO SALES INSTEAD OF CPI
Currently, 28 of the 72 homes in Beacon Bay are not subject to CPI increases. The right thing for the City
to do — and what Beacon Bay has structured into its restructured lease plan, is for the city to eliminate
individual CPI increases for the rest of the lessees in Beacon Bay for the following reasons:
1. Beacon Bay lessees spend thousands of dollars in annual maintenance to keep their
properties looking sharp. Virtually 100% of these homeowner maintenance costs also
benefit the city because they yield higher selling prices which generate more income to
the city. Over time, CPI increases mean less available discretionary dollars for
homeowners to maintain their homes which depress home prices which depress income
to the city.
2. Unlike Irvine Company residential leases where lease payments are assumable, Beacon
Bay lease payments are not assumable but instead reset to the selling price. If they were
assumable, a CPI index may be warranted. Because they are not assumable, the lease
resets and becomes based on the current sales price of the house, thereby generating a
huge "waterfall" increase in revenue to the city which negates the need for a CPI index
increase and more than satisfies the State's requirement that Newport Beach obtains a
"reasonable return" on Beacon Bay.
3. Since homeowners are paying the property tax for land owned by the city (in addition to
a significant possessory interest surcharge tax adding upwards of $1 million in appraised
value) of which approximately 17% of both taxes flows through to the city this results in
substantial additional annual revenue the city collects from Beacon Bay lessees and
once again, more than compensates the city for any annual CPI increase.
CONCLUSION
• Because of an economically obsolete and unfair rate that has not been updated in 25 years,
the residents of Beacon Bay are paying far and away — by an extreme margin — the highest
ground lease rents in Newport Beach. On the other end of the spectrum are ground lease
rents being charged by the largest landlord in the city, the Irvine Company, whose ground
lease rents in most cases are 4x less than what the city is charging Beacon Bay. And at 103
residential ground leases in the same city in comparable neighborhoods, this is a very large
sampling to pull comps from.
• Looking at it another way, if the Irvine Company lessees were paying more than the city was
charging Beacon Bay lessees, an appraiser would want to use those comps to bring Beacon
Bay leases up to market rate. As such, rents charged by the Irvine Company for their ground
leases, in comparable neighborhoods, that have been substantially improved by their
lessees should be the primary comp in determining market rates for Beacon Bay's ground
leases that likewise have been substantially improved by their lessees.
• Under the guidelines established by any number of appraisal organizations, the argument
can be clearly made that Beacon Bay rents should mirror those ground lease rents being
charged to other ground lease lessees. Nonetheless, Beacon Bay is willing to accept a rate of
1% which - will still put its lease rates at approximately 2.5x more than what is being
competitively charged by the private sector for other ground lease lessees (Even the city
itself is charging considerably less rent to their other ground lease lessees such as Basin
Marine Shipyard and the Lido House).
• Furthermore, Beacon Bay is willing to phase this lease rate in over a five year period to help
mitigate a dip in current revenue to the City. What Beacon Bay is proposing goes the extra
distance to be more than fair and as such, deserves to be adopted and approved by the City
and the State Lands Commission.
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