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'i':....:t-:';.'{,r,''il.ti,~..,., ',;,",:., ~"... . ,,' . ," t7.:;t~~;:S~,;':j;~~,.~~..,.~.. ... '~;':/j., . " ..:':'" '",. '......;;...~, '1"'1~ '.;! '" ..F". " i"^, "~~~' <,';~'"1~ 1&;~tt/'~~.:,," .."".'~ '.~ ~i D i " , , ,I .' .f '. " ~ ...( EAST PENNSBORO AREA SCHOOL : IN TIlE COURT OF COMMON PLEAS OF DISTRICT. : CUMBERLAND COUNTY. PENNSYLVANIA Appellant v. : CIVIL ACTION -- LAW CUMBERLAND COUNTY BOARD OF ASSESSMENT and PROSPERITY DEVELOPMENT COMPANY. Appellees : No. 97-2769 CIVIL TERM IN RE: TAX ASSESSMENT APPEAL BEFORE OLER. J. ORDER OF COURT AND NOW, this 21st day of September. 1998, upon consideration of the tax assessment appeal filed herein. following a hearing and in accordance with the accompanying Opinion. it is ordered as follows: THE MARKET VALUE as of August 1, 1996 (and for succeeding years until revised), for the 10.37 acre parcel owned by Appellee Prosperity Development Company. situated in East Pennsboro Township, Cumberland County. Pennsylvania. and bearing tax parcel number 09-20-1854-004. is fixed at $8,500.000.00. THE PERTINENT COMMON LEVEL RATIO for Cumberland County has been stipulated to be seven percent. The predetennined ratio was 25 percent. THERE BEING A DIFFERENCE of more than 15 percent between the common level ratio and predetermined ratio, as a result of which assessments are to be detennined by application of the common level ratio to market value. the assessment with respect to the aforesaid parcel is fixed at $595,000.00 as of the aforesaid date. BY THE COURT. .f.!~1 EAST PENNSBORO AREA SCHOOL : IN THE COURT OF COMMON PLEAS OF DISTRICT, : CUMBERLAND COUNTY, PENNSYLVANIA Appellant v. : CIVIL ACTION -- LAW CUMBERLAND COUNTY BOARD . OF ASSESSMENT and PROSPERITY DEVELOPMENT COMPANY, Appellants : No. 97-2769 CIVIL TERM INRE: TAX ASSESSMENT APPEAL BEFORE OLER, J. OPINION and ORDER OF COURT OLER, J., September 21,1998. This case is a tax assessment appeal filed on behalf of East Pennsboro Area School District with respect to certain real estate owned by Prosperity Development Company. A hearing on the matter was held on June 3,1998. The county board of assessment initially detennined the market value of the property to be $6,590,000.00: On the present appeal, the owner's expert has placed its value at $7,830,000.00.2 The school district's expert has placed its value at $9,000,000.00.3 Based upon the evidence presented at the hearing, the following Statement of Facts, Discussion and Order of Court are made and entered. I This valuation followed an appeal to the board by the owner of an assessment of $662,100.00, which indicated a market value of $9,458,571.00. See Appellant's Petition and Notice of Appeal, paragraphs 6-8; Reply of Appellee Prosperity Development Company, paragraphs 6-8. 2 Appellee's Exhibit 1 (Appraisal of Equity Appraisal Co., Inc.), at 67, 3 Appellant's Exhibit 1 (Appraisal of Hirsh Valuation Group), at 83. 1 STATEMENT OF FACTS Appellant is the East Pennsboro Area School District, a public school district in Cumberland County, Pennsylvania, having offices at 890 Valley Street, Enola, Pennsylvania.4 Appellee Cumberland County Board of Assessment is the board which hears and detennines appeals from assessments made by the chief county assessor.s Appellee Prosperity Development Company, is a business entity having offices at 2525 North 7th Street, Harrisburg, Dauphin County, Pennsylvania. and is the record owner of a 10.37 acre tract of land situated generally at the intersection of North 21st Street and Routes 11/15 (Camp Hill Bypass) in East Pennsboro Township, Cumberland County, Pennsylvania.6 It bears Tax Parcel Number 09-20-1854-004.7 This property is located in the south-central part of the Commonwealth, about three miles west of Harrisburg, the state capital (and county scat of Dauphin County), and about 15 miles cast of the Borough of Carlisle, the county scat of Cumberland County.8 The area is generally prosperous.9 The property is within five miles of an interchange of the 4 Appellant's Petition and Notice of Appeal, paragraph 1; Reply of Appellee Prosperity Development Company, paragraph 1. S Appellant's Petition and Notice of Appcal, paragraph 23; Reply of Appellee Prosperity Development Company. paragraph 23; Act of May 21, 1943, P.L. 571, ~302(b)(I), as amended, 72 P.S. ~5453.302(b)(l). 6 Appellee's Exhibit 1 (Appraisal of Equity Appraisal Co,. Inc.), at 10; Appellant's Exhibit 1 (Appraisal of Hirsh Valuation Group), at 9, 21. Access to the property is available only from North 21st Street./d., at 21. 7 Appellant's Petition and Notice of Appeal, paragraph 4; Reply of Appellant Prosperity Development Company, paragraph 4. 8 Appellant's Exhibit 1 (Appraisal of Hirsh Valuation Group), at 9. 9 In 1996. the Harrisburg Area population was estimated to be 613,062, with a population growth rate of 4,3 percent. /d. at 10. As of August 1996. the unemployment rate 2 Pennsylvania Tumpike.1O The land is zoned Commercial General by the municipality, according to one expert,lI and Professional Office District, according to another,u The improvements on the tract, in addition to a pump station,I,1 have been summarized as follows: The site currently is improved with a I-story detached service station building, a I-story detached fast-food restaurant building, a 5-story detached office building, a 3-story detached office building, and a retail strip center with a I-story semi- detached drugstore, and a I and part 2-story semi-detached restaurant building with a mezzanine:4 More specifically, these improvements are occupied by an Exxon gasoline service station, a Wendy's fast-food establishment, an office building known as Plaza 21, an office building known as the American Office Center, and a strip shopping center consisting of a Weis food market, a Thrift drug store, and a J.C. Dunphy's Pub. 15 Paved drive and parking areas surround the buildings.16 The areas and property rights associated with the buildings have been outlined as follows: in Cumberland County was the lowest in the state (2.7%), and the unemployment rate in Dauphin County was the second lowest in the state (3.0%). [d., at 13. 10 Appellee's Exhibit 1 (Appraisal of Equity Appraisal Co., Inc.). at 3. II Appellant's Exhibit's 1 (Appraisal of Hirsh Valuation Group) at 26. 12 Appellee's Exhibit 1 (Appraisal of Equity Appraisal Co., Inc.), at 10. IJ Appellant's Exhibit 1 (Appraisal of Hirsh Valuation Group), at 21. 14 [d. 15 [d., at 6. 16 [d, at 22. 3 The subject site is owned by Prosperity Development [Company). The subject improvements are owned as follows: 1. Semi-detached retail building, 35,897 SF, owned by Prosperty Development [Company] and leased to Weis Markets 2. Semi-detached retail building, 14,000 SF, owned by Prosperity Development [Company] and leased to Thrift Drug 3. Semi-detached restaurant building, 5,597 SF, owned by Prosperity Development [Company] and leased to J,C. Dunphy's 4. Detached fast-food restaurant building, 2,685 SF, owned by Wendy's of New York (land-lease) 5. Detached gas-station building, 1,854 SF, owned by Thomas E. Zimmerman (land-lease) 6, Detached 4-story [sic] office building, 63,010 SF, owned by Plaza 21 Realty Associates (land-lease) 7. D:ltached I-story pump house, 500 SF 8. Detached 3-story office building, 46,638 SF, owned by Penn 21 Associates (land lease) 17 These enterprises are compatible with other uses in the vicinity ,18 One negative aspect of the site is that ingress and egress can be hampered by traffic congestion.19 Parking on the premises, in the form of 604 spaces. is also somewhat below the optimal amount.20 Leases, including renewal options, applicable to the Weis market occupancy provide for gradual increases in rent for the building from $2.23 per square foot in 1987 to $6.10 in 17/d., at 6, 18/d., at 23. 19 Appellee's Exhibit 1 (Appraisal of Equity Appraisal Co., Inc.), at 3. 20/d.. at 8-9. 4 2007. and gradual increases in rent for a parking area from $14.175.00 per year in 1987 to $17,550.00 in 2010.21 The lease, including renewal options. applicable to the Thrift drug store occupancy. provides for rent of $3.57 per square foot, plus 2.5% of net annual retail sales in excess of about $2.000,000.00.22 The lease, including renewal options, applicable to the J.C. Dunphy's occupancy, provides for gradual increases in rent from $11.29 per square foot in 1995 to $23.73 per square foot in 2014. The ground lease. with renewal options, applicable to Wendy's occupancy provides for an annual base rent of $40,000.00, plus 5% of gross sales in excess of $800,000.00, until 2009,2J The ground lease, with a renewal option, applicable to the Exxon Station occupancy, provides for an annual base rent of $30,000.00 in 1993, increasing by 4% each year thereafter until 2023. Lessees in the Plaza 21 Office Building include. or have included, a medical group. a renal treatment center, an accounting firm, and Pennsylvania Blue Shield.24 Lessees in the American Office Center include several medical practitioners or groupS,z5 An appeal to the county board of assessment by the property owner (from an assessment implying a market value of $9.458.571.00) was filed on August I, 1996. The board reduced the assessment so as to indicate a market value of $6,590,000.00.26 The township appealed to this court from this determination by the board on May 23,1997. 21/d,. at 19. 22/d.. at 16. Traditionally. sales at this location have not reached this figure. 2J /d., at 21. Gross sales appear generally to exceed this amount. /d. 24 /d.. at 29-31. 25/d.. at 24-28. 26 See note 1 supra and accompanying text. 5 At the hearing on the township's appeal from the board's determination, it was stipulated by counsel that the applicable common level ratio was seven perccnt. The county's predetermined ratio was 25 percentP Appellant (the township) presented the tcstimony of Laurence A. Hirsh, CRE, MAl, president of the Hirsh Valuation Group, on the subject of the property's market valuc. Appcllee Prosperity Dcvclopmcnt Company prcscnted the testimony of William T. BOil, MAl, CCIM, a principal of Equity Appraisal Co., Inc., on the subject. Both experts felt that, as improved, the property was being subjected to its highest and best use.28 Both believed that an income approach was a useful method for valuation of the property,Z9 that a sales comparison approach was also useful,JO or at least helpful for certain purposes,JI and that a cost approach was not helpful. J2 Both experts viewed the Weis market and Thrift drug leases as below market.JJ The township's expert. with respect to the income approach, valucd thc property by 27 See In re: Appeal of Penn Harris Company, 43 Cumberland L.J. 51 (1993). 28 See Appellant's Exhibit 1 (Appraisal of Hirsh Valuation Group), at 44; Appellec's Exhibit 1 (Appraisal of Equity Appraisal Co" Inc.), at 11. Z9 See Appellant's Exhibit 1 (Appraisal of Hirsh Valuation Group), at 80; Appellee's Exhibit 1 (Appraisal of Equity Appraisal Co,. Inc,), at 12,34. JO See Appellant's Exhibit 1 (Appraisal of Hirsh Valuation Group), at 56. JI See Appellee's Exhibit 1 (Appraisal of Equity Appraisal Co., Inc.), at 42. lZSee Appellant's Exhibit 1 (Appraisal of Hirsh Valuation Group). at 46; Appellce's Exhibit 1 (Appraisal of Equity Appraisal Co., Inc,), at 12. JJ See Appellant's Exhibit I (Appraisal of Hirsh Valuation Group), at 66; Appellee's Exhibit 1 (Appraisal of Equity Appraisal Co,. Inc,). at 14. 6 the direct capitalization, band of investment, method..14 This method was described as follows: In order to convert net operating income into an indication of value which is reflective of market conditions, a capitalization rate must be used .., which also is reflective of the market. This capitalization rate blends the rate necessary to service a typical mortgage ... with the rate required to attract equity investment at similar levels of risk. This blending method, known as the band of investment. combines these two components as a weighted average to form the overall rate of capitalization by which net operating income will be capitalized..15 Utilizing market (as opposed to actual) income and estimated expenses and vacancy rates to arrive at net operating income, and applying a uniform capitalization rate of 11.5 percent (10.2% plus a 1.3% tax 10adl6). the township's expert valued the components of the property as follows: Plaza 21 Office Building $3.237.065 American Office Center $2.100.343 Exxon Service Station $217,630 Fast-Food [Wendy's] Restaurant $315,176 Strip Center $3,147,45537 The total estimated value for the property on the basis of this application of the income approach was rounded off to $9.000,000,OO:lK The same figure was reached by this 34 See Appellant's Exhibit} (Appraisal of Hirsh Valuation Group), at 78. 35 See Appellant's Exhibit} (Appraisal of Hirsh Valuation Group). at 69. l6 "Real estate tax [has been] loaded into the overall capitalization rate:' Appellant's Exhibit 1 (Appraisal of Hirsh Valuation Group), at 68. 37 Appellant's Exhibit} (Appraisal of Hirsh Valuation Group), at 78, ,lK Appellant's Exhibit} (Appraisal of Hirsh Valuation Group), at 83. 7 expert utilizing the comparable sales approach.JY The property owner's expert relied primarily upon an income approach to value the components of the property, with the exception of the service station, which was valued by the comparable sales approach.40 As to those components valued according to the income approach, the expert employed one of the following two methods: (1) Estimate and divide first-year stabliized net income before debt service by an appropriate overall capitalization rate, This procedure is known as direct capitalization, (2) Extimate over a normal projection period future annual net incomes and reversionary value, and discount all net cash flows by a rate sufficient to attract investment capital. Commonly known as yield capitalization, this method can employ discounted cash flow analysis, or an overall capitalization rate which weight the effect of debt cost. loan amortization, equity yield, and changes in income and property value over a normal projection period.41 The first technique was used for the two office buildings, the building occupied by Wendy's and that occupied by J.P. Dunphy's Pub;4z a capitalization rate of 12,3 percent (with a 1.31% tax load factor included) was utilized for the office buildings, and a capitalization J91d. 40 This exception was explained by the expert as follows: Existing gas stations generally lease based on a percentage of gas sales. In order to avoid the inclusion of business value for this portion of the subject, the value of the service/gas station on support land will be determined only through the Sales Comparison Approach. Appellee's Exhibit I (Appraisal of Equity Appraisal Co.. Inc.). at 32. 41 Appellee's Exhibit I (Appraisal of Equity Appraisal Co,. Inc,), at 14. 4Z ld,. at 14. 8 rate of 10.5 percent was utilized for the Wendy's and J.P. Dunphy's components.4J The second technique was used for the Weis market component and the Thrift drug component.44 These applications by the property owner's expert yielded the following valuations: Plaza 21 Office Building $2,940.000,00 American Office Center $2.350,000.00 Exxon Service Station $200.000.00 Wendy's and Dunphy's $810,000.00 Thrift Drug $291.000.00 Weis Market $1,236.000.00 The total estimated value for the property on the basis of this analysis was rounded off to $7.830.000.00.45 An overall evaluation based primarily on the comparable sales method was not provided by the property owner's expert. As will be discussed hereinafter in this opinion. the court, after weighing the opinions of the experts, has concluded that the market value of the property should be set at $8.500,000.00. STATEMENT OF LAW In tax assessment cases. the taxing authority's assessment is given a rebuttable presumption of validity. Deitch Co. v. Board of Property Assessment Appeals and Review of Allegheny County. 417 Pa, 213, 221, 209 A.2d 397,402 (1965). The taxpayer. then. must come forward with credible, relevant evidence to overcome this presumption. /d. Once the 4J /d. 36-38. 44 "We have chosen to value the subject property using both direct and yield capitalization.... The current leases with the exception of Weis Market and Thrift Drug, are generally at market. Because of the long tenn, below market leases associated with the Weis Market and Thrift Drug space. these portions of the subject have been value[d] using a discounted cash flow analysis," /d.. at 14. 45/d.. at 67. 9 taxpayer has done so. the taxing authority's presumption of validity ends. Id. at 221-22. 209 A.2d at 402. "In a tax assessment appeal the trial court hears the case de novo and must determine the fair market value of the property based on the competent, credible and relevant evidence. If. as is typically true. the expert testimony conflicts, the trial court must determine the weight and credibility it will afford to each expert." Pittsburgh-Des Moines Steel Co., Inc. v. McLaughlin. 77 Pa. Cornmw. 565. 568. 466 A,2d 1092. 1094 (1983); see Act of May 21. 1943. P.L. 571, ~ 704, as amended, 72 P,S. ~ 5453.704 (1993 Supp.). The market value is to be determined "as of the date such appeal was filed before the board of assessment appeals." Id.. ~ 704(b)(l), as amended. 72 P.S. ~ 5453.704(b)(l). "Pennsylvania case law has consistently held that actual market value is that price which a purchaser. willing but not obliged to buy. would pay an owner. willing but not obliged to sell, taking into consideration all uses Ito] which the property is adapted and might in reason be applied" County of Monroe v, Pinecrest Development Corp" 98Pa. Commw. 200.203.510 A.2d 1274. 1276 (1986); see In re Johnstown Associates, 494 Pa. 433, 431 A,2d 932 (1981); Serlueo v. Cumberland County Board of Assessment and Revision of Taxes. 41 Cumberland LJ. 286 (1991). "The function of the [court] in a tax assessment case is not to independently value the property... but to weigh the conflicting testimony and values expressed by the competing experts and arrive at a valuation based on the credibility of their opinions." County of Monroe v. Bolus, 149 Pa. Commw. 458. 463. 613 A,2d 178, 181 (1992). Moreover. the court "is not bound to accept the expert's testimony merely because it is the testimony of someone having special skill or knowledge. All the components that the expert considered are matters which the [court] considers in determining the persuasive quality of the testimony." In re Appeal of Aveo Corp.. 100 Pa. Commw. 616. 621. 515 A.2d 335, 338 (1986). Approaches to valuation are the "cost .... comparable sales and income approaches ...... 10 Act of May 21. 1943. P.L. 571.~ 602(a). CIS Clmended, 72 P.S. ~ 5453.602(a). "The Assessment Law... requires that all three approaches 'must be considered in conjunction with one another,''' Serluco v. CumberlCllld County Board of Assessment and Revision of Taxes. 41 Cumberland L. J. 286. 290 n.13 (1991).46 "The cost approach values the property by considering the reproduction or replacement cost of the property. less dcpreciation and obsolescence," In re Appeal of Property ofCynwyd Investments. 679 A.2d 304. 308 n.2 (Pa. Commw, 1996) (citations omitted).47 Under the income approach, the value of a property [generally] is calculated by capitalizing the property's annual net income (gross income minus expenses). In re Appeal of V. v.P. Partnership. 167 Pa. Commw, 282, 285 n.1. 647 A.2d 990, 991 n.l (1994). Finally. under the comparable sales approach the value of a property is determined by comparing the property to several similar properties. taking into consideration differences in size, age, physical condition. location and other relevant factors. In re Appeal of Property ofCynwyd Investments. 679 A.2d 304. 308 n.3 (Pa. Commw. 1996) (citations omitted). With respect to the income approach, in determining the net rental income for a property an appraiser will employ either contract rent or market rent for the property. In re Appeal of Property of Cynwyd Investments. 679 A.2d 304 (Pa. Commw. 1996). "Contract rent is '[t1he actual rental income specified in a lease,''' American Institute of Real Estate Appraisers, Dictionary of Real Estate Appraisal 71 (1984), quoted in In re Appeal of 46 Act of May 21,1943. P.L. 571, ~ 602(a). as amended. 72 P,S. ~ 5453.602(b); see Reichard-Coulston v. Revenue Appeals Bd.. 102 Pa. Commw. 227. 517 A.2d 1372 (1986), allocatur denied, 517 Pa. 611, 536 A.2d 1335 (1987). 47 "Specifically, this method entails (1) estimating the value of the land assumed vacant and available for its highest and best use; (2) estimating the reproduction cost or cost new of the facility; (3) subtracting from the latter amount the facility's depreciation; and (4) adding to this depreciated balance the value of the land estimated in (1) above," In re Appeal of Property of Cynwyd Investments. 679 A.2d 304, 308 n,2 (Pa. Commw. 1996) (citations omitted). II Property ofCynlVyd InI'estments, 679 A.2d 304, 308 n.5 (Pa. Commw. 1996). "Markct rcnt is '[t]hc rcntal incomc that a property would most probably command in thc opcn market; indicatcd by currcnt rcnts paid and asked for comparable space as of the datc of appraisal. Id. n,6. Normally. contract rent should be utilized in determining thc nct rental incomc for purposes of the income capitalization approach only if two conditions arc met: First, the remaining term of the lease must be of adequate length so that if the property were placed on the market. a potential purchaser would recognize the lease and be willing to pay more or less for the property because of its existcnce than if the property were unemcumbered by the lease. Sccondly. the contract rent must be cither higher or lower than existing market rcnt. Again. the difference between the contract rent and the markct rent must be large enough to affect what an able and willing buyer would pay for the property.48 Where a long-term lease is below market value. it is appropriate to utilize contract rent for purposes of determining net operating income. See In re Appeal of Marple Springfield Center, Inc., 530 Pa. 122.607 A.2d 708 (1992). To arrive at an assessed value of property. "[tlhe court, after determining the market value of the property.... shall then apply the established predetermined ratio to such value unless the corresponding common level ratio... varies by more than fifteen pcrcentum (15%) from the established predetermined ratio, in which case the court shall apply the respective common level ratio to the corresponding market value of the property."49 The "established predetermined ratio" is "the ratio of assessed value to market value established by the board 4Illn re Appeal of Property ofCynlVyd Investments, 679 A.2d 304, 308 ( Pa. Commw. 1996). 49 Act of May 21, 1943, P.L. 571. ~ 704(c). as amended. 72 P,S. ~ 5453.704(c). 12 of county commissioners ...,'.50 The "common level ratio" is "the ratio of assessed value to current market value used generally in the county as last determined by the State Tax Equalization Board ...."51 APPLICATION OF LAW TO FACTS In the present case. the court was impressed with the analyses of both experts. In this regard, each expert frankly acknowledged the existence of factors which tended to support a result less favorable to the party which had engaged him. The school district's expert. for instance, noted that "the site has limited parking. as well as difficult egress to North 21st Street due to traffic congestion at the traffic light at its intersection with US 11/15 (Camp Hill Bypass),',s2 The property owner's expert asssumed that one of the operations, which had been producing declining revenues, would reverse this trend,s3 and that an existing 31 percent vacancy rate in one of the office buildings would not continue;s4 this expert also declined to support the relatively low value placed upon the property by the board. It is the court's view that a willing buyer and willing seller would find both of the reports submitted on the subject of the value of the property helpful. The report of the property owner's expert appears to the court to have been more faithful to the principle that contract rent, as opposed to market rent, is appropriately considered in the case of long-term. below market leases. In addition. the report of the property owner's expert endeavored to treat the components of the property more individually in terms of capitalization rate and method of appraisal. 50 Id. ~ 102. as amended, 72 P.S. ~ 5453.102. SlId 52 Appellant's Exhibit 1 (Appraisal of Hirsh Valuation Group), at 23. 53 Appellee's Exhibit 1 (Appraisal of Equity Appraisal Co., Inc.), at 35, 54 Id., at 14. 13 The report of the school district's expert had the virtue of presenting a fully developed and compelling comparable sales analysis and a more comprehensive explanation of the expert's position. It also displayed more familiarity with local conditions. Being cognizant of the court's obligation to weigh the conflicting testimony and values expressed by the competing experts, and to refrain from independently valuing the property, the court is of the view that the value of the property in question lies between the appraisals of the experts, with the position of the school district's expert being accorded slightly more weight primarily because of a more developed comparable sales analysis. The result is a valuation of $8,500,000.00. For the foregoing reasons, the following order will be entered: ORDER OF COURT AND NOW, this 21st day of September, 1998, upon consideration of the tax assessment appeal filed herein, following a hearing and in accordance with the accompanying Opinion, it is ordered as follows: THE MARKET VALUE as of August I, 1996 (and for succceeding years until revised), for the 10.37 acre parcel owned by Appellee Prosperity Development Company, situated in East Pennsboro Township, Cumberland County, Pennsylvania, and bearing tax parcel number 09-20-1854-004, is fixed at $8,500,000,00. THE PERTINENT COMMON LEVEL RATIO for Cumberland County has been stipulated to be seven percent. The predetermined ratio was 25 percent. THERE BEING A DIFFERENCE of more than 15 percent between the common level ratio and predetermined ratio, as a result of which assessments are to be determined by ap- 14 "" j,"" , ~ +'l~ ~~ s~ '-' 6 ... ,1\ -, ~ 7i /. ". ~ r~ 0... IJt~ ' : ~#" ~ t)- " j, .; (I.' ':' 8 () ,J :,.. I!. C~ ~ .;',1 ::::: r6 ('.:\. , . '. t!) l~': :...., ;'..~ ~' <"'. " ~ ~ ~ ~ ~ u.! .~ ;:;'JJ ,.. ;L ~ ~ ~ I', . ,.... j ~ . 0 1,)' ,.I ct. ll'l.. t-:'~.. 0:... . ,~ 1\>.-: '1 . . "':'.,..! '. .~J ., 1 .'; " .,..' -. ..,' , ,:' \ 'C....'... " ij . ,;""" ,'-",-' .....:' ;,.,,- . ~ , '. .. -.' ". C ~.,: : . ~ ... Ol '" r:: Gl ~ 8 III Gl .... .... 'Gl .... I'< Ill. ~ Gl 0 U '" ~m '" '" ~ ~ w u ~ l'l H . !:i III ~ r::o .;> 1llt:J ;z; g s . !;i ~ 01-< 0 U~ A l'l '" ~ ;Z; ffici ~~ 0, H . H ~~ I-< "'H H <0: ~: tJ 1-<1-< lH! ~~ '" <0:0 UO ",U /, , " .' MAY 23 199111 , ) LAW OFFICES SNELDAKER. BRENNEMAN a SPARE B. PROSPERITY DEVELOPMENT COMPANY, having its office at 2525 North 7th Street, Harrisburg, PA 17110, hereinafter called "Appellee Owner". 3. Appellee Board is the duly constituted entity created by law to hear and decide real estate tax assessment appeals and was so acting at all times relevant hereto. 4. Appellee Owner is the reported owner of certain real estate known and identified as Tax Parcel No. 09-20-l854-004 as shown on the Cumberland County Real Estate Tax Assessment records located in the Township of East Pennsboro in Cumberland County, Pennsylvania (hereinafter called "Subject Real Estate"). 5. Appellant School District is a public taxing body which imposes real estate taxes on real estate located in the Township of East Pennsboro, including the Subject Real Estate. 6. The Cumberland County Assessor fixed and determined the real estate tax assessment for the Subject Real Estate for the 1997 tax year at $662,100 (which reflects an indicated market value of $9,458,571.00 based upon the common level ratio of .07 or 7%). 7. Appellee Owner filed an appeal from such assessment with the Appellee Board contesting the amount of said assessment. The Board held a hearing on said appeal in its appellate capacity. Appellant appeared at said hearing. 8. Appellee Board rendered its decision on April 30, 1997, and gave written notice thereof to Appellant School District on the same date, reporting that it established the market value of -2- LAW OP'P'ICE8 SNELBAKER. BRENNEMAN a: SPARE the Subject Real Estate at $6,590,000.00. 9. Said market value translated into tax assessment equals $461,300 based upon the common level ratio aforesaid. 10. The effect of such decision is to reduce substantially the tax base of Appellant School District. ll. The decision aforesaid is erroneous for the following reasons: A. The decision does not reflect the true market value of the Subject Real Estate, said decision being insufficient and below the true market value. B. The decision is not based upon competent evidence. C. The decision is contrary to law. D. The decision is not supported by competent facts. E. The decision constitutes an abuse of discretion. 12. Appellant School District believes and, therefore, avers that the market value of the Subject Real Estate is greater than $6,590,000. 13. Other taxing bodies which impose real estate taxes on the Subject Real Estate and which may have an interest in this appeal are: A. Countv of Cumberland: Board of County Commissioners, Cumberland county Court House, 1 Court House Square, Carlisle, PA 17013. -3- -, F 'I ~ "1 ! "4- 0 .tl ~ . """ ~ ~ . ... ~ - ~; - .~ .. ~':5..~ 1- ~Q M i.~~ C':i .- ..- t;i U. ~l~ ~~' I,~ C' N '.'f} E (1: -.1,. "- -.,l~~ -ftU' .- '~1i;j ." .1, =:) :F~ ,-- -I ;-; ~ r- c' .:.) BAST PENNSBORO AREA : IN THE COURT OF COMMON PLBAS SCHOOL DISTRICT, CUMBBRLAND COUNTY, PENNSYLVANIA Appellant, : : v, : : CUMBBRLAND COUNTY BOARD : OF ASSBSSMENT and : CIVIL ACTION - LAW PROSPERITY DEVELOPMENT : CORPORATION, : Appellee : NO, 97-2769 CIVIL TERM REPLY AND NOW, comes Prosperity Development Company by and through its attorney the Law Offices of Darrell C. Dethlefs and files this Reply of which the following is a statement: 1. Admitted. 2 (A-B) Admitted. 3. Admitted. 4, Admitted. 5. Admitted. 6, Admitted. 7. Admitted. 8, Admitted. 9. Admitted. 10. Denied. conclusions of law The averments in this paragraph contain to which no responsive pleading is required. 11. (A-El Denied, The averments in this paragraph contain conclusions of law to which no responsive pleading is required, If it is deemed that an Answer is required to these allegations it is specifically denied that the Decision made foresaid is erroneous in that it does not reflect the true market value of the subject real estate and that said Decision is insufficient and below the true market value, It is further denied that the Decision is not based upon competent evidence and it contrary to law. It is further denied that the Decision is not supported by competent facts and that the Decision constitutes an abuse of discretion. Proof to the contrary is demanded at the time of trial. 12 . Denied. The averments in this paragraph contains conclusions of laws to which no responsive pleading is required. If a Response is deemed necessary it is denied that the market value of the subject real estate is greater than Six Million five hundred ninety thousand ($6,590,000.00) Dollars and 00/100 proof to the contrary is demanded at the time of trial. 13 (A-B) Admitted. WHEREFORE, Appellee, Prosperity Development Corporation prays your Honorable Court for an Order confirming the market value and resulting assessment as fixed by the Cumberland County Board of Assessment Appeals, or fixing the market value of the property at such lower valuation as the Court may deem proper. Respectfully Submitted, Date: L,{ P.{4i 205 . I - .:Jl <:" :s- a ~.-i. , ji.. '.. c:' ., ~.'-, u: -, ...:: .~: . . U I' - --~ 0 , J::" IT.: .-.:: ," lk- ':J Or,- 1":-" C'1 ~/: C:l. 1 'Z u."- " =-J, ' , :J u. ....-., ;- -' . t:. r- :) () \7. W . ., In :!: .. " t: cS - u o,J \/I '- -, t ~ ~ I , ~ , ~ , . . ... '. .. BAST PENNSBORO AREA SCHOOL DISTRICT , Appellant IN THE COURT OF COMMON PLBAS CUMBERLAND COUNTY, PENNSYLVANIA No. 97-2769 v. CUMBBRLAND COUNTY BOARD OF ASSBSSMENT AND PROSPBRITY DBVBLOPMBNT COMPANY, Appellees Real Bstate Tax Assessment Appeal ORDBR OF COURT AND NOW, this l<i~ day of ':-~~Nl.>l ' 1998, upon consideration of the within Motion, this matter is hereby re-listed for a hearing which will be held on the 3 4A ./ day of J ~ .i\ Q ~ , 1998,at 9.'00 o'clock ~.m. in Court Room # -L. BY THE COURT: ,. ~~~ ~ ....) - ..'.. ,1 " '.1 , , } , ~ : .) '1 .. t.:J ",J , .. 1 .." I .' - :> -' . .' ) - , ;-.} ,i n .. .:.. J ~.1 :I..l '", t)'l -< . BAST PENNSBORO AREA SCHOOL DISTRICT Appellant IN THE COURT OF COMMON PLEAS CUMBBRLAND COUNTY, PENNSYLVANIA No. 97-2769 v. CUMBBRLAND COUNTY BOARD OF ASSBSSMENT AND PROSPERITY DEVELOPMENT COMPANY, Appellees Real Bstate Tax Assessment Appeal TO THE HONORABLB JUDGB WESLBY OLBR,JR.: MOTION TO RB-LIST FOR A HEARING Appellee, Prosperity Development Company, by and through their Attorney The Law Offices of Darrell C. Dethlefs, hereby file this Motion to Re-List for a Hearing and in support thereof avers as follows: 1. On May 23, 1997, Appellant by and through their counsel filed an Appeal relative to the Determination of the CUmberland County Board of Assessment and Revision of Taxes relative to the property identified as Parcel Number 09-20-1854-004. 2. A hearing was set by The Honorable Wesley Oler, Jr. for October 2, 1997. 3. By Motion of Appellant's Attorney with concurrence of Appellee I s Attorney, the Appellant School District requested a Continuance of the October 2, 1997 hearing. Said Continuance was granted, 4. At this time, the Appellee of Prosperity Development Company wishes this matter to be re-listed for hearing. LAW O'flCtS SNELDAKER. BRENNEMAN 8: SPARE EAST PENNSBORO AREA SCHOOL DISTRICT, . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Appellant, : . . vs. CIVIL ACTION - LAW CUMBERLAND COUNTY BOARD OF ASSESSMENT and PROSPERITY DEVELOPMENT CORPORATION, . . NO. 97-2769 CIVIL TERM Appellees : MOTION TO CONTINUE HEARING TO: HONORABLE J. WESLEY OLER, JR. AND NOW, comes East pennsboro Area School District by its Attorneys, snelbaker, Brenneman & Spare, P.c., and respectfully moves the Court as follows: 1. East Pennsboro Area School District ("Appellant") has appealed from a decision of the Cumberland County Board of Assessment Appeals concerning the real estate assessment of property owned by Prosperity Development corporation ("Appellee Owner") known and identified as Tax Parcel No. 09-20-lB54-004. 2. By Order dated May 2B, 1997, your Honorable Court fixed a de novo hearing in said appeal for October 2, 1997, a true copy of said Order being attached hereto marked "Exhibit A". 3. Appellant promptly entered upon its preparation for said hearing and engaged Hirsh Appraisal Group (Harrisburg, PAl to make a formal appraisal of the subject real estate. 4. Said appraisal firm has advised Appellant that it will be unable to complete its work by October 2, 1997, because of its EAST PENNSBORO AREA . . SCHOOL DISTRICT, . . Appellant, . . . . v. . . CUMBERLAND COUNTY BOARD . . OF ASSESSMENT and . . PROSPERITY DEVELOPMENT . . CORPORATION, Appellees . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 97-2769 CIVIL TERM ORDER OF COURT AND NOW, this 2.~1~ day of May, 1997, due to a scheduling conflict, the hearing previously scheduled for September 4, 1997, is RESCHEDULED to Thursday, October 2, 1997, at l:30 p.m. in Courtroom No.5, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Richard C. Snelbaker, Esq. 44 West Main Street Mechanicsburg, PA l7055 Attorney for Appellant Michael J. Pykosh, Esq. 355 North 21st Street Camp Hill, PA l701l Attorney for Appellee Owner Stephen D. Tiley, Esq. 5 South Hanover Street Carlisle, PA 17013 Attorney for Appellee Board Horace A. Johnson, Esq. Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Attorney for Cumberland County EXIIIBI'f .\ " } j- j ~ .,,~ ~ 't; . '- ... c::o ~ - & <t. I ~ '" .; ~ .. .. EAST PENNSBORO AREA SCHOOL DISTRICT. Appellant y, CUMBERLAND COUNTY BOARD OF ASSESSMENT and PROSPERITY DEVELOPMENT COMPANY. Appellees @ JUN 1 7 1998 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA NO. 97-2769 CIVIL TERM CIVIL ACTION - LAW REAL ESTATE TAX ASSESSMENT APPEAL POST TRIAL BRIEF OF APPELLEE PROSPERITY DEVELOPMENT COMPANY Backoround The CUmberlllnd County Assessor fixed lInd determined the Relll Estllte TlIx Assessment for the 1997 tllX yellr for the property In Questfon lit 662,100 (Which reflects 1In Indlcllted mllrket YlIlue of $9,456,571.00 bllsed upon the common level ratio of ,07 rr 7 percent.) Appellee, owner, ftled lIl1l1ppelll rellltlve to the tllX lISsessment for the 10,37 lIcre pllrtelloCllted In ElIst Pennsboro Township, Cumberland County, Pemsylvllnla. Identlfled as plll"cel number 09-20-1654-004, The aforementioned Appeal was filed rellltlve to the 1997 tllX yecr, On April 30, 1997 the ClIl1berlllnd County BOllrd of Assessment rendered Its DecisIon reporting thet It estllbllshed the MlIrket VlIlue of the Subject Real Estllte lit $6,590,000.00. ElIst Pennsboro Arell School D1str1ct lIppellled the aforesllld Decision. A Hellrlng rellltlve to sllld appelll was held on June 3, 1996. Questions Presented 1. Should the falrmllrket YlIlue of 1I mixed use Investment property be detennlned by tllklng Into lIccount the lIctulll long tenn lellses presently In effect, rather thlln by lIttemptlng to estllbllsh flllr mllr1cet value bllsed upon a mllrket rent? Proposed Answer On the Afflrmlltlve) 2, Does the Court hllve JurlSdlctlon to set the flllr mar1cet value for the tllx yellr, 1996 In lIn llppecl, In which the Bocrd of Assessment Appelll established fair market value for the tllX yellr of 199n Proposed Answer (In the Neglltlve) In support of Its Appecl, Appellant presented the expert testlmolll of Laurence Hirsh, who testifIed thllt It WllS his opinIon thet the fair mllr1cet vlllue of the pllrtel In Questlon Is nIne ($9,000,000.00) m11110n dOl1l11"S, I . -, Appellants expert derived his opInion based upon a .Market Rent., Which he determined based upon What he believed the parcel could demlllld In rents, Appellant.s expert did not take Into accotllt What the actual rents yield. On cross examination, Appellant's expert agreed that the property In ~estlon Is a mixed used parcel, and that the most likely purchaser would be an Investor. Mr, HIrsh also alreed that an Investor would take long term leases Into account When determining how much to pUrchase a property slml1ar to the subject property. Mr. Hirsh also agreed that the Income Approach Is the best method of valUIng the subject parcel. Upon further questioning, Mr. HIrsh agreed that along term lease Is one whIch has a term of 3-5 years or more, It was also agreed that all of the leases relative to the subject property are long term leases. The leases currently In effect expire as follows: Tenant Explratfon of Lease 1. 2. 3. 4, 5. 6. J,C, Dunphy Pub Thri ft Drug I nc, Wets Market Wendy's RestllUrant Exxon American Office Center 2005 2014 2012 2009 2013 2007 Appellee's expert, on the other hlllld, used the current long term leases to determIne the current faIr market value, which In his opinion Is $7,630,000.00, The Pennsylvania Supreme Court In Aooeal ofMarole Sonnqfleld Center. Inc. 607 A2d 706 CPA 1992) reversed the Commonwealth Court and held that: The capltallzatlon-of-lncOll1e approach to tax lljlpralsals Is the most appropriate If not the only valld means of estllbllshlng faIr mlll"ket value of real estate when the rental Income Is below what would otherwise be the current market level but fer along-term commercial lease, because such long-term leases are an accepted aspect of commercial real estate transactfons and theIr effects have a decisive Impact on the price a bllJer would pay for the affected property, To Interpret the tax assessment statute as requlnng valuation of property In ~pothetlcal .unencllnbered form,. as Commonweal th Court did, I s to Ignore the economic realltles of cOll1merc1al real estate transectlons. Under the rationale we followed In .Iolns/own A.t;SO('J4/~, I t was proper for the trial court to utlllze the capltallzatlon-of-Income approach In this case as II means of establlshlng fair market value. Id at 710 I ~ Appellant @JUN 1 7 1998 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA EAST PENNSBORO AREA SCHOOL DISTRICT, Y. NO. 97-2769 CIVIL TERM CIVIL ACTION - LAW CUMBERLAND COUNTY BOARD OF ASSESSMENT and PROSPERITY DEVELOPMENT COMPANY, Appellees REAL ESTATE TAX ASSESSMENT APPEAL POST TRIAL BRIEF OF APPELLEE PROSPERITY DEVELOPMENT COMPANY Bnckoround The Cumberlllnd County Assessor fixed Ilnd determined the Ralll Estllte Tllx Assessment for the 1997 tllX yellr for the property In Quest10n lit 662,100 (which reflects llI1lndlcllted mllrket VIllue of $9,456,571.00 bllsed upon the common level rllt I 0 of .07 or 7 percent.) Appellee, owner, filed Iln Ilppelll relllttve to the tllX llSsessment for the 10.37 Ilcre pllrcellocllted In Ellst Pennsboro Township, Cumberlllnd County, Pemsylvllnla. Identified liS pllrcel number 09-20-1654-004. The Ilforement1oned Appelll WllS flied rellltlve to the 1997 tllX yelll". On April 30, 1997 the ClIl1berlllnd County BOllrd of Assessment rendered Its Decision reportIng thllt It estllbllshed the MUket Vlllue of the subject Relll Estllte lit $6,590,000,00. Ellst Pennsboro Arell School DIstrict Ilppellled the Ilforesllld DecIsion, A Hellrlng rellltlve to sllld Ilppelll WIlS held on June 3, 1998. Questions Presented 1. Should the flllr mllrket VIllue of Il mixed use Investment property be detennlned by tllklng Into Ilccount the Ilctulll long tenn lellses presently In effect, I'lIther thlln by Ilttempttng to estllbllsh flllrmllrl<et vlllue bllsed upon Il mllrket rent? Proposed Answer On the Afflrmlltlve) 2. Does the Court hllve jurlsdlctloo to set the flllr mllr1<et vlllue for the tllX yellr, 19981n Iln Ilppeol, In which the BOlll"d of Assessment Appelll estllbllshed flltr /l'lllrket vlllue for the tllX yellr of 19977 Proposed Answer (In the Neglltlve) In support of Its Appeol, Appellllnt presented the expert testtmollJ of Lllurence Hirsh, who testified thllt It WllS his opInion thllt the flllr mllrl<et vlllue of the pllrce! In Question Is nine ($9,000,000,00) mll1lon dolllll"S, Appellents expert derived his opinion besed upon e "Merket Rent", which he determfned besed upon Whet he believed the percel could demend In rents, Appellent.s expert did not tllke Into eccolllt Whet the ectuel rents yield. On cross exemlnetton. Appellent's expert llgreed thet the property In ~estlon Is e mixed used percel, end thet the most likely purcheser would be en Investor. Mr. Hirsh elso ejJ"eed thet en Investor would teke long term leeses Into llCcount Yr1len determining how much to purchese e property slmtJer to the subject property, Mr, Hirsh elso egreed thet the Income Approech Is the best method of YCI1ulng the subject percel. Upon further questtonlng, Mr. Hirsh egreed thet elong term leese Is one which hes e term of 3-5 yeers or more, It wes elso egreed thet ell of the lllllses reletlve to the subject property ere long term leeses, The leeses currently In effect expire es follows: Tenent Expll'lltton of Leese l. 2, 3. 4. 5. 6, J,C. Dunp hy Pub Thrift Drug Inc. Wels Merket Wendy's RestllUrent Exxon Amerlcen Offtce Center 2005 2014 2012 2009 2013 2007 Appellee's expert, on the other hend, used the current long term Illllses to determine the current fefr merket veJue, which In his opinion Is $7,630,000,00. The Pennsylvenle Supreme Court In Aooeel of Hero Ie Sorfnofleld Center. Inc, 607 A2d 706 (PA 1992) reversed the Commonweelth Court end held thet: The cepltellzetlon-of-lncOOle epproech to tOll llPPl'lllsels Is the most llPProprlete If n!Jt the only velld meens of estllbllshlng felr merket velue of reel estete when the rente1 Income Is below Yr1let would otherwise be the current merket level but fer e long-term commercl el leese, becllUse such long-term 1 eeses ere en eccepted espect 0 r corrrnercl el reel estete trensectlons end thefr effects heve e decisive Impect on the price e b~er would pey for the effected property. To Interpret the tex essessment stetute es requiring veluetlon of property In '-dpothettcel "unenclll1bered fonn," lIS Commonweelth Court did. Is to Ignore the economic reellttes of cOOlmercfe1 reel estete tl'llnSllctlons, Under the I'lltlonele we followed In -'Dlnstown A.!:SOCI4t~, It wes proper for the trlel court to utilize the cepltellZlltlon-of-lncome epproech tn this cese es e meens of estebllshlng fefr merket velue, Id et 710 11 i~ dJ , -1 ~ ~ ~ ~ \:::: & I ., . ,. .. , .. ~ . PLAZA 21 MR. MORRIS SCHWAB Our findings are being transmitted In a concise format. Additional Information collected during our analysis and utilized In arriving at our conclusions has been retained In our files for future reference. Our value estimate applies to the land as physically constituted, the Improvements ~ In existence, and the leases In effect on the valu Ion date and It reflects prevailing trends ,I In the Cumberland County retal r es ate market. We have made a careful Inspection. study, and analysis of the property, and have considered all factors which, In our opinion, I~ would tend to Influence the market value of the subject. , I i ~ ~?J : I ~ I ... I .. 1 .. .. We have prepared the report subject to the following assumptions and limiting conditions. This is a Summary Appraisal Report which is intended to comply with the reporting requirements set forth under Standard Rule 2-2{b) of the Uniform Standards of Professional Appraisal Practice for a Summary Appraisal Report. As such, It might not include full discussions of the data, reasoning, and analyses that were used In the appraisal process to develop the appraiser's opinion of value. Supporting documentation concerning the data, reasoning, and analyses is retained in the appraiser's file. The information contained In this report is specific to the needs of the client and for the Intended use stated in this report. The appraiser Is not responsible for unauthorized use of this report. No responsibility is assumed for legal or titie considerations. Titie to the property is assumed to be good and marketable unless otherwise stated in this report. The property is appraised free and clear of any or all liens and encumbrances unless otherwise stated In this report. Responsible ownership and competent property management are assumed unless otherwise stated in this report. The Information furnished by others is believed to be reliable. However, no warranty Is given for its accuracy. All engineering is assumed to be correct. Any plot plans and illustrative material in this report are included only to assist the reader in visualizing the property . It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or structures that render it more or less valuable. No q 14 ~J ,~ tj , , " tJ J . , .. I .. PLAZA 21 MR. MORRIS SCHWAB responsibility Is assumed for such conditions or for arranging for engineering studies that may be required to discover them. It is assumed that there Is full compliance with all applicable federal, state, and local environmental regulations and laws unless otherwise stated In this report. It is assumed that all applicable zoning and use regulations and restrictions have been complied with, unless a nonconformity has been stated, defined, and considered in this appraisal report. It is assumed that all required licenses, certificates of occupancy or other legislative or administrative authority from any local, state, or national governmental or private entity or organization have been or can be obtained or renewed for any use on which the value estimates contained in this report are based. Any sketch In this report may show approximate dimensions and Is Included to assist the reader In visualizing the property. Maps and exhibits found in this report are provided for reader reference purposes only. No guarantee as to accuracy is expressed or implied unless otherwise stated In this report. No survey has been made for the purpose of this report. It Is assumed that the utilization of the land and improvements is within the boundaries or property lines of the property described and that there is no encroachment or trespass unless otherwise stated In this report. The appraiser is not qualified to detect hazardous waste and/or toxic materials. Any comment by the appraiser that might suggest the possibility of the presence of such substances should not be taken as confirmation of the presence of hazardous waste and/or toxic materials. Such determination would require investigation by a qualified expert in the field of environmental assessment. The presence of substances such as asbestos, urea-formaldehyde foam insulation, or other potentially hazardous materials may affect the value of the property. The appraiser's value estimate Is predicated on the assumption that there is no such material on or in the property that would cause a loss in value unless otherwise stated In this report. No responsibility is assumed for any environmental conditions, or for any expertise or engineering knowledge required to discover them. The appraiser's descriptions and resulting comments are the result of the routine observations made during the appraisal process. ~ Jell J J:4 i '" I ~ I i j ..., I J ~ r.. , Ii w u u u u ~ PLAZA 21 MR. MORRIS SCHWAB Unless otherwise stated In this report, the subject property Is appraised without a specific compliance survey having been conducted to determine if the property is or Is not In conformance with the requirements of the Americans with Disabilities Act. The presence of erchltectural and communications barriers that are structural In nature that would restrict access by disabled Individuals may adversely affect the property's value, marketability, or utility. Any proposed Improvements are assumed to be completed in a good workman-like manner In accordance with the submitted plans and specifications. The distribution, if any, of the total valuation In this report between land and Improvements applies only under the stated program of utilization. The separate allocations for land and buildings must not be used in conjunction with any other appraisal and are Invalid If so used. Possession of this report, or a copy thereof, does not carry with it the right of publication. It may not be used for any purpose by any person other than the party to whom it Is addressed without the written consent of the appraiser, and In any event, only with properly written qualification and only In Its entirety. Neither ali nor any part of the contents of this report (especially any conclusions as to value, the identity of the appraiser, or the firm with which the appraiser Is connected) shali be disseminated to the public through advertising, public relations, news sales, or other media without prior written consent and approval of the appraiser. We certify to the best of my knowledge and belief that: The statements of fact contained in this report are true and correct. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are our personal, professional analyses, opinions, and conciuslons. We have no present or prospective Interest In the subject. The fee for this appraisal is not contingent upon a reduction in the subject property's real estate tax liability. Our analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of TABLE OF CONTENTS PHOTOGRAPHS OF SUBJECT PROPERlY. . . . . . . . . . . . . . . . . .. . . . .. . . . . . . EXTENT OF THE DATA COLLECTION PROCESS. . . . . . . . . . . . . . . . . . . . . . .. 1 PURPOSE AND INTENDED USE OF APPRAISAL ........................ 1 DEFINITION OF MARKET VALUE 1 .................................. I. PROPERlY RIGHTS APPRAISED 1 ................................... . LOCATION MAP. ., . . . .... ... .' ......... ............ ............. 2 LOCALllY ..................................................... 3 ~ SITE PLAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 iJ SITE DESCRIPTION .............................................. 5 IMPROVEMENT DESCRIPTION . . . . .. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. 6 OWNERSHIP AND OCCUPANCy............ ....... .... .......... ... 10 REAL ESTATE ASSESSMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . .. 10 ZONING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 10 HIGHEST AND BEST USE ......................................... 11 u u ~ II It'l METHOD OF VALUATION ......................................... 12 SUMMARY INCOME APPROACH .................................... 14 SUMMARY SALES COMPARISON APPROACH ......... . . . . . . . . . . . . . . . .. 42 CORRELATION OF VALUE.. .. . . . ., ........ ... ............... ...... 67 ADDENDUM ACTUAL INCOME AND EXPENSES PROFILE OF APPRAISERS ~ I ~ : I ~ 1 i /oil , I ... : 1 f:'~ , j ,4 : I 1 EXTENT OF THE DATA COLLECTION PROCESS Preparation of this appraisal Involved Inspecting the subject property, reviewing the subject's site plan and assessment records, and Investigating and analyzing factors affecting market value including, but not limited to, location, zoning, public utilities, site characteristics, building condition and utility, supply and demand, marketability, neighborhood development and trends, and market conditions. Where applicable, the subject's market value was predicated upon saies and offerings of reasonably similar and competitive properties; the present value of prospective income attributable to real property; and/or the addition of land value, as though vacant and available for development to its highest and best use, and the Improvement's depreciated cost new. Sale and lease data employed in our analysis were inspected and verified with one or more parties involved in the transaction. PURPOSE AND INTENDED USE OF APPRAISAL The objective of this report is to estimate the actual value, or market value, of the property rights described herein as of September 1, 1996. In the State of Pennsylvania, actual value is equivalent to market value, as defined below. We understand this report will be used in conjunction with a 1997 real estate assessment appeal. DEFINITION OF MARKET VALUE Market Value Is the most probable price in cash, terms equivalent to cash, or in other precisely revealed terms, for which the subject property will sell in a competitive market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably, and for self.interest, and assuming that neither Is under duress. PROPERlY RIGHTS APPRAISED The property's fee simple interest subject to existing leases has been valued in this report. Our value estimate assumes the property is fee of liens and encumbrances except those specifically identified in the body of the report. , I , , , I , 1 ,I 2 cI L . . . . . ~\r' , . '\-" ,/', I. . 11".," \\',.' . r . ~\ ~ ''''''''''~\ ' ~ .'1' . ~ (.;\ \ ~1f:"~ ':. : ~"'~' "" ~.':... It.. \ :\' \ I~' 'j(,_ ~ '.: i ! J .",,,. ~~ .:: . ~ . ~ · \~;~.~ ~., )~~'" ~ \\ ,i ~ ;~~'~."~ >"',~rUI)o ;... " ~ ... 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"\ 1 INSflTlJIION ' . , ~.~ ---~-~-,.". 4 .' ( Location Map ) ~- ItIl I M ~ I ~ II I'<! , ! I ; , t~ q M , I .. , .. I W 3 LOCALITY The subject property Is located at the northeast corner of the Intersection of North 21st Street the Camp Hill Bypass, In East Pennsboro Township, Cumberland County, Access to the property Is provided by three entrances on North 21 st Street. The subject enjoys good visibility from 21 st Street and limited visibility from the Camp Hill Bypass. 21 st Street connects with Route 11/15 just south of the subJect. The Camp Hill Bypass connects with Route 11/15 at this Intersection and is also accessed just east of the subject from Erford Road. The intersection of 21 st Street and the Camp Hill Bypass Is subject to heavy traffic flow and congestion. An interchange of the Pennsylvania Turnpike is accessed within 5 miles southwest of the subject from Route 15. . North 21 st Street Is primarily Improved with a combination of office and residential uses, and also includes some residential development. Holy Spirit Hospital adjoins the subject to the north. Much of the office space along this section of 21 st Street Is medical related. Older retail and office space within the subject market have suffered In recent years as the bulk of the prime tenants and consumer shopping is attracted to more modern and easier accessed space found to the south west along Route 15 In the vicinity of the Turnpike. In summary, the subject is located near one of the area's major highways, Route 11/15, which in turn connects to other regional routes serving south-central Pennsylvania. Although impeded by traffic congestion, the subject enjoys good road frontage. The subject is in a mixed-use setting with direct access and visibility limited to a secondary road. Area retail and office trends indicate a shift of demand towards space along Route 11/15, although office demand in the immediate area of the subject is fueled by the adjoining hospital. 4 :.. ,I. . , - 0 " . .. r.. , . ~ '- '. . "- , . \ .. , 'lo r~ 'f '~~ ~ 0" w' r~ .. " r~ WW -, '4 . . ',I IW~. - .. ------ ..,' f' 11II II ....\): ,~ . .' .... " , I ." .\ ,I .u, . lib\'. J ! " ,I , " " II ;\ \ .... ~ i II . . " ..... . '.' H l' t" .~_.... '~'-....-,.--. , I 'N. ,.,-, " ,-r- , ,/ .7"".( ~ ~ ~) . " J~., 1"1 I-l II SITE PLAN M II ~ II .. il t~ W n W u u Ii .. 6 BUILDING DESCRIPTION The subject property Is improved with various retail and office building Improvements. Outlined below Is a summary grid of the buildings by type and size. A more detailed description of each building follows. UNIT GROSS BUILDING NET RENTABLE AREA (SF) AREA (SF) Retell Strip Units Wels Market 36,389 SF same Thrift Drug 14,000 same J,C. Dunphy's 4,430 same Total Retail Strip 54,819 SF same Freestanding Wendy's 2,685 same Freestanding Exxon 1,854 same Total Retail 59,358 SF same Plaza 21 Office Building 63,010 SF 53,415 SF American Office Center 46,638 37,500 Total Office 109,648 SF 90,915 SF Retail Strip Center The original portion of this center, Wels Market and Thrift Drugs, was constructed In the late 1960's. The Weis Market unit was expanded in 1975 by 5,693 square feet and again in 1984 by 10,243 square feet. Construction of the restaurant was completed in October 1995. The center is primarily one-story, with only the restaurant having a partial upper level constructed In a mezzanine style (included In rentable area). Each unit has a front customer entrance and a rear delivery entrance. Construction features include concrete block exterior walls, steel framing and poured concrete floors. The roof of the original portion is a flat, built-up surface. The restaurant addition has a vaulted roof with asphalt shingle cover. Mechanical systems Include Individual heat pump units for each store and electric hot water heaters for each store. Freestandlna Wendv's 7 This Is a one-story, concrete block building with exterior brick facade and vinyl mansard and flat, built-up roof. The building was constructed In 1979. Interior finish includes built-In seating, counters, and kitchen equipment, and quarry tile floor cover, Fenestration consists of double glazed glass In aluminum frames. Freestandlna Exxon The Exxon improvements were constructed from nominal existing Improvements In 1993. Improvements consist of two, canopied gas pump Islands (four pumps) and a three-bay service building. The service building Includes a small retail area, three bays and two, two-fixtured restrooms. The building is a block structure with exterior brick facade, asbestos shingle trim at gabled ends, and a gabled roof with asphalt cover. Plaza 21 Office Buildino The Plaza 21 building Is a four-story, Inciuding a finished basement level, concrete block, Class B office building constructed in 1974. The building's exterior does not conform to the professional office aesthetics of the buildings that surround it. . While there Is some face brick at the buildings front and rear, the concrete block sides area covered by a 120 foot long, four story high metal grate. An aged and discolored metal grate Is the face the building presents to the highway. Construction details are as follows: Foundation: Frame: Exterior Walls: Interior Walls: Roof System: Floors: Ceilings: Quality of Finish: Doors and Windows: Plumbing: Elevators: HVAC: Concrete block Reinforced masonry, beams and columns Face brick or metal grate over concrete block Drywall Flat roof with buill-up surface Medium grade commercial wall-to-wall carpet Suspended acoustic panels Average/medical office Doors are glass and metal, windows are metal clad, double hung 2 restrooms per floor with average of four fixtures each 2 five-stop elevators of 2,500 lb. capacity Electric heating and cooling ~~ n t.1 u u u u ~ ~ ~ 8 American Office Center The American Office Center building Is a three-story, masonry, Class B office building constructed In 1985. The building was constructed on fill which has since settled, causing vertical cracks In the building. Construction details are as follows: Foundation: Frame: Exterior Walls: Interior Walls: Roof System: Floors: Ceilings: Quality of Finish: Doors and Windows: Concrete Steel Dryvlt Drywall Flat roof with rubber surface Tile squares and some commercial carpet Suspended acoustic panels Average/medical office Doors are giass and metal, windows are metal clad, horizontal sliders 2 restrooms per floor with average of four fixtures each 2 three-stop elevators of 2,500 lb. capacity Electric heating and cooling Plumbing: Elevators: HVAC: Condition and Deoreciation The subject Improvements, constructed at various times, appear to have received a normal level of maintenance and were fair to good physical condition on the valuation date. The most Significant items of deferred maintenance Include the discolored metal grate facade at the front of the Plaza 21 office building, the older looking facade on Wels Market and Thrift Drug, and numerous cracks within the macadam paving. Subsequent to the valuation date, Weis Market renovated their space with a new facade and Interior alterations. Functionally, the existing Improvements were designed for their current occupancy and are well suited for their Intended use although they are not completely in keeping with modern standards in regards to size, finish and energy efficiency. Wels Market is small as compared to modern supermarkets and would therefore have difficulty In releasing as a supermarket. The office buildings have efficiency ratios In the approximate 85% range. This indicates a somewhat inefficient use of space as compared to more modern office buildings. Parking, totaling 604 spaces, is below standard to support the 12 METHOD OF VALUATION Market value can be measured by the price of acquiring an existing substitute property with the same utility as the subject property (Sales Comparison Approach); the price of acquiring an Income-producing Investment with the same dollar potential at the same risk rate as In the subject property (Income Approach); or the price of producing a substitute property with the same utility as the subject property (Cost Approach). In this analysis, each of the three approaches to vaiue has been considered, with only the Income and Sales Comparison Approaches developed. The Cost Approach has little current significance In the valuation of older retail and office Improvements such as the subJect. Factors either contributing to or detracting from the subject have been weighed In the valuation of the subject. The following aspects are considered most Important: Location The subject Is located In Immediate proximity to highway access and enjoys reasonably good visibility. However, this location faces heavy traffic congestion and competition from nearby, more modern office and retail centers. Site Characteristics The site Is somewhat Irregularly shaped with good road frontage, but access limited to one secondary street. Topography is roiling and water drainage Is adequate. Building Characteristics I iii The subject consists of retail and office improvements of various construction dates and design. The Improvements range from fair to good physical condition, and are generally in average condition. A portion of the retail and office Improvements suffer from dated finish, most notably the older facade of the Plaza 21 office building, Wels Market and Thrift Drug. Functionally, the Improvements generally have average utility. Detracting from the utility is the below standard number of parking spaces, the below l ... 1Il n ,.. II U J U J J J 14 SUMMARY INCOME APPROACH The Income Approach is an examination of the present value of all future economic benefits associated with property ownership. A market value Indication via the Income Approach is typically determined by one of two techniques: (1) Estimate and divide first-year stabilized net income before debt service by an appropriate overall capitalization rate. This procedure Is known as direct capitalization. (2) Estimate over a normal projection period future annual net Incomes and reversionary value, and discount all net cash flows by a rate sufficient to attract investment capital. Commonly known as yield capitalization, this method can employ discounted cash flow analysis, or an overall capitalization rate which weighs the effect of debt cost, loan amortization, equity yield, and changes in income and property value over a normal projection period. We have chosen to value the subJect property using both direct and yield capitalization, and the process Is subsequently summarized. The current leases with the exception of Weis Market and Thrift Drug, are generally at market. Because of the long term, below market leases associated with the Weis Market and Thrift Drug space, these portions of the subject have been value using a discounted cash flow analysis. This process is also subsequently summarized. As of the valuation date, the subject Improvements were at stabilized occupancy with the exception of the American Office Center which had 31% vacancy. A review of historical occupancy for this building, and discussions with the leasing agent, indicates that this level of vacancy is not typical. The retail improvements and service station were 100% occupied and the Plaza 21 Office Building was 98% occupied. Summaries of the existing leases follow. 19 LEASE SUMMARY - WEIS MARKETS Tenant Wels Markets Commencement Date August 18, 1975 (assigned to Wels Markets April 9, 1987) Original term expired 9/14/90; two 10-year renewal options; one 5-year renewal option Term Unit Size Approximately 11 ,248 square feet of land near the northeast corner of 21 st Street and Routes 11/15 ~ Base Rent I j 1 st option 2nd option 3rd option Percentaae Rent Tenant Exoenses !-t Asslanment/Sublettlng '1 ~ Comments 9/15/87 . 9/14/90: 9/15/90 - 9/14/95: 9/15/95 - 9/14/00: 9/15/00 - 9/14/05: 9/15/05 - 9/14/10: 9/15/10 - 9/14/15: $14,175 $14,850 $15,525 $16,200 $16,875 $17,550 None Tenant responsible for a prorata share of real estate taxes, insurance, water and sewer and utilities. Lessee may not assign this lease or sublet demised premises without written consent of lessor which may be withheld at lessor's sole discretion This is the assignment of a land lease between Commonwealth National Bank and Prosperity Development Company. The bank relocated off site. Parcel was to be used as additional parking area for Weis's adjoining supermarket. A highway access cut exists on the property to provide ingress and egress from North 21 st Street. This access is required under the lease to remain open. Any costs associated with the 32 Potential Annual Gross Income .., I I Based on a review of the subject leases in comparison to the market, it is deemed that the Wendy's retail unit is at market rent. In addition to base rent, Wendy's Is contracted to pay percentage rent. Although sales volume has fluctuated over the years, Wendy's has consistently exceeded their percentage rent break point. An average sales volume of $900,000 Is projected for the stabilized analysis within this report. Dunphy's retail unit was leased with the tenant paying a portion of the improvement construction costs. An economic rent above Dunphy's current contracted rent was estimated based on a typical ratio of rent to restaurant sales volumes. Wendy's pays a higher rental rate than the projected Dunphy's rate due to Wendy's smaller size and proportionately higher amount of support land required for the drive-through service. Contracted rents for Weis Market and Thrill Drug are considered well below market. Thrill Drugs has not met its percentage rent breakpoint since 1992. A survey of market rentals for supermarkets and drugstores or other similar sized retail units has been completed by the appraiser and retained on file. Based on this market data, a net economic rental rate of $8.50 per square foot is estimated for Weis Market and $10.00 per square foot for Thrill Drug, The gas/service station Is currently occupying the site under a land lease, as the Improvements were mostly constructed by the tenant In place. Existing gas stations generally lease based on a percentage of gas sales. In order to avoid the Inclusion of business value for this portion of the subject, the value of the service/gas station on support land will be determined only through the Sales Comparison Approach. Rental rates for the subject's office space tends towards $13,00 to $14.00 per square foot, full service. An economic rental rate of $13.00 per square foot Is estimated for the Plaza 21 office building, the older of the two office buildings. The American Office Center is estimated to have an economic rental rate of $14.00 per square foot. This is in keeping with the market and the current quoted rate for the subject's vacant office space. ~ , II , l rei " , H I M I l!J ! .. , ~ I .. 33 Deductions from Potential Annual Gross Income The adjustments, or subtractions, from the subject's gross income are required to reflect costs associated with producing and collecting rental Income, based on the respective lease terms. A 7% vacancy and collection loss allowance was made for the subject's retail and office space assumed rented at market levels" or all space except Wels Market and Thrift Drug. The year end 1995 Harrisburg office surveys completed by LandMark Commercial Realty and New America Network indicate office vacancy for Class B buildings In the 3% to 8% range. The third quarter 1996 office survey completed by LandMark Commercial Realty indicates an average vacancy rate of 7% for Class B buildings In the West Shore, HarriSburg market. Neighborhood retail centers average 4% vacancy. The subject office space benefits from its proximity to Hoiy Spirit Hospital. The demand for the subject's retail space is hindered by the site's congested access and residential surroundings. Based on these factors, the rate selected is considered to be adequate for the subject property. i't Wendy's and Dunphy's are both leased on a modified net basis with ownership responsible for only common area maintenance, which includes snow removal and landscaping, and a portion of insurance. This expense was estimated at $0.50 per square foot of gross leasable area. Ownership is also responsible for management and roof and structural repairs and replacement. The former was charged at 5% of effective gross income. The roof and structural repairs and replacement reserve was estimated at $,20 per square foot of gross leasable area. I'~ " ~ I l'.i ! IlW Weis Market and Thrift Drugs are aiso leased on a modified net basis. According to information provided by ownership, landlord expenses associated with the Wels Market lease include management, fire insurance, and roof and structural repairs and replacement. Ownership expenses associated with the Thrift Drug lease Include management, fire insurance, a portion of building and common area maintenance, base year real estate taxes of $3,075, and roof and structural repairs and maintenance. \ 1M I , iii I ~ ~ 34 Management and replacement reserves were estimated at the same amount noted above, or 5% and $0.20 per square foot, respectively. The remaining expenses were projected based on actual operating statements for the units, as appended. The office leases are generally written on a full service basis, although some of the existing leases call for partial expense reimbursement and tenant paid electric, excluding heat. The estimated economic rate of $14.00 per square foot assumes a full service expense structure. Under this assumption, the landlord Is responsible for all expenses. Expenses were projected based on market standards and the subject's historical operating history, as appended. Individual expenses are outlined on the Income Approach Summary. Overall Capitalization Rate We have used an overall capitalization rate of 10.5% for our stabilized analysis of the subject's retail improvements deemed to be at market rent. An overali rate, before adjustment for real estate taxes, of 10.9% was used for the American Office Center and a slightly higher rate of 11.0% for the Plaza 21 Office Center due to its age and physical condition. These rates are in keeping with national surveyed data and market derived overall rates as outlined under the Sales Comparison Approach, and reflect the perceived risk associated with Investment In the subject property. The effective tax rate of 1.31% was added to the overall rate used for the office valuation to reflect ownership's responsibility for the real estate tax expense. Leased Fee Value - Weis Market and Thrift Drua Determining the market value of the leased fee interest of Weis Market and Thrift Drug, based on the existing leases as previously outlined, entailed discounting to present value the projected cash flows to be received during the remaining terms of the leases and the value of the reversionary interest at the termination of the lease. In addition to contract rent, an economic rent of $5.00 per square foot, Increasing at 5% every five years, was ascribed to the 10,243 square foot expansion of the Weis unit since this iii ~ 35 expansion was paid for by the tenant. The original contract rent was increased at the time of the expansion to allow for at least rental of the land. The estimated economic rent is consioered appropriate for the contributory value of the expanded portion of the building. Ii Thrift Drug Is contracted to pay percentage rent, although they have not met the percentage rent breakpoint since 1992. Furthermore, Thrift Drug's sales volume has been steadily decreasing. For the purpose of this analysis, we will assume that the sales voiume will stabilize and begin to grow over the next several years, reach breakpoint during the fifth year of the anaiysis, and continue to grow at 2.5% per year thereafter. The value of the reversionary Interest was estimated based on the previously noted economic net rental rates, vacancy and ownership expenses. Although the estimated economic rental rate is projected to increase during the holding period, economic appreciation will be partially offset by the physical depreciation of the Improvements after assuming a normal level of maintenance throughout the holding period. A vacancy rate of 10% was assumed. This rate is higher than the 7% vacancy ascribed to the smaller retail units, reflecting the perceived difficulty in obtaining tenants for the larger units at the subject center, The net income derived from these assumptions was capitalized at a rate of 12%. Selling costs of 3% was deducted from the reversionary value in order to reflect the costs associated with liquidating the investment. ;-4 , H l~ I~ , 1,/ , I;'j The final step in this analysis requires the determination of an appropriate discount rate to equate the cash flows and reversion to present value. A review of rates of return on alternative investments was considered. Given the remaining terms of the subject leases, sixteen and eighteen years, and the credit worthiness of the tenants in question, a 15% discount rate was estimated for this analysis. 1 Id 1 l<li , .. Ownership is responsible for Thrift Drug's base year proportionate share of real estate taxes. This equates to 2,6% of the total current reai estate liability for the subject property. The discount rate was loaded for this portion of the effective tax rate. A summary of these analyses follows, I .. .. I . 36 lOll I ~ I ~ t Potential Grosa Income Vacancy and Collection Allowance Elfective Gross Income (EGI) ~ I Expenses: INCOME APPROACH SUMMARY AMERICAN OFFICE CENTER 37,500 sl @ @ 7.00% S14.00 1.1 Insurance S Repairs & Mslntenance S Utilities S Water and Sewer S Landscaping/Snow Removal S CleaninglTrash Removal S Administrative Replacement Reserve Total Expenses Nel Operating Income (NOll belore real estate taxes "1 , I .1 Allum lions: Mort !Q.lnl Rate Loa~~!~ RllIo Mol1gag. Tlrm Mot1gaglll Flclor 0,70 (L/VRoUo) Equity Foolo, 0.30 (E IV Rollo) 0.15 IsIGRA 0.50 IsI GRA 2.50 IsI GRA 0.12 IsIGRA 0.35 IsI GRA 0.85 IsI GRA 5% EGI SO.20 IsI NRA Development or Overall Rale Dlrecl Ca ltallzellan Mart a e.E ul .eand ar Inveslmenl e.75'" 70.00% 20 Vears Morti~i!-. eonsl8n1 I., y, Equ~ R.lum x Calculallons 0.1060453 (AMe) x 0.11750 (hI y, Equity ROlum) = S525.000 (S38.750) $488.250 5,625 18.750 93.750 4.500 13.125 31.875 24.413 7.500 S199,538 = S288,713 10.~5'" 11.7511 . 0.07~23 . 0.ll3S25 0.109<48 0.01310 0.12258 12,3011 Over.11 Cap Rail . Re.1 Estate T..lOld Factor . Overall Cap R'II Adjulttd for Rul Estat, Taxll . Rounded To: Valuallan NOI Overall Cap Rate = S288,713 12,30% = Value ar Omce/mpravemenrs an Support Land = Raunded Ta VALUE VIA THE INCOME APPROACH 52.350.000 Value $2,347,258 S2,347,258 S2,350.000 n INCOME APPROACH SUMMARY PLAZA 21 OFFICE CENTER Potential Gross Income Vacancy and Collection Allowance Effectiva Gross Income (EGI) 53,415 sf @ @ Expenses: Insurance $ Repairs & Malnlenance $ Utilities $ Water and Sewer $ Landscaping/Snow Removal $ CleanlnglTrash Removal $ Administrative Replacement Reserve Tolal Expenses Net Operating Income (NOI) before real estate taKSs $13.00 laf 7.00% 0.15 lefGRA 0.50 Isf GRA 2.50 Isf GRA 0.12 Isf GRA 0.35 Isf GRA 0.85 Isf GRA 5'., EGI $0.25 Isf NRA 37 u $894.395 ($48,808) $845.787 8,012 28,708 133.538 6.410 18.695 45,403 32.289 13,354 $284.408 = $361,379 Development of Overell Rale OIreet Ca Itallzatlon Mort e a.E ul -Band of Inveatment Allum lions: MOItg!i~,!!!~~_~!!. loan to Valul RaUo MOrt~. T!!!!, _8.7~% _ MO!1Il!lloCon.tanl ____?O.~'I!_______.l!!.~r Egully Roturn 20 Yeara _.________._ n._._____._ Mor1gage F-=IOl 0.70 (L IV Rallo) Calculations 0.1080453 (AMC) x Equity FoelDr i l ~~ 0.30 (E I V Rallo) 0.12000 (111 Vr Eqully R,lu,n) x 10.~5% 12.00% avlr.1I C.p Rail. RI.I Eltall Tax Load Factor . Ovarall Cap Ratl AdJulted for Real Estlte TaxIS . Rounded To: i, t,-j Valuation NOI Overall Cap Rate $361,379 12.30% = = Value of Ornce ImprovemenlS on Support Land = Rounded To ! ... VALUE VIA THE INCOME APPROACH $2.940.000 , ... Value $2,938,042 $2,938,042 $2,940.000 . 0.07423 . 0.03800 0.11023 0.01310 0.12333 12.30% n 38 ~ ~ INCOME APPROACH SUMMARY J,C, DUNPHY'S AND WENDY'S n Potential Gro.. Sase Rents ~ J.C, Dunphy's Wendy's Tolal Vacancy and CoUectlon Allowance EffectJve Grass Sase Rents (EGSR) 4.430 sl @ 2,685 sl @ 7,115 slNRA @ 7,00% $14,90 's' = $55,000 = $40.007 95,007 ($6,650) $88,356 6,320 $94.676 3.558 4,418 1,423 $9,398 = $85.278 j Percentage Rent J.I1 IJ EffectJve Grass Income (EGI) Expenses: J Cammon Area Maintenance Management Replacement Reserva Total Expenses Net Operaling Income (NOI) before real estate taxes $0,50 'sl NRA 5% EGBR $0.20 'sl NRA ~1 '.'1 I.ci Development 01 Overall Rate Dlrecl Ca IlIlIzallon Morl a e.E ul .Band 01 Investmenl Assum lions: MoItg.golnt R.lo LOIn to Value RaUo Mortg.!!. Toim e.75% 7Q,~% 20 Vear. Mo~Con'tlnt 1'lY,EquItyRlturn 106045% 10.25% Moffgago Fador 0.70 (L/VRaUo) x Calculallons 0,1060453 (AMC) . 0.07.23 Equity Factor 0.3D (E IV Rallo) x 0.10250 (loIYrEquItyR.lUrn) . 003075 0.10491 lD.50% 11 .... OvlraUClpRa" . Roundad To: Veluallon i\ .. NOI Overall Cap Rate = Value $85,278 10,&0% = $812,189 : , -- Value 01 Improvements on support Land Rounded To = $812,189 $810,000 1 III VALUE VIA THE INCOME APPROACH $810.000 , , III J I ~ > a:: ct :E :E ~ UJ w :E o o z - j a . a ~ ~ I~ ~~~i II I ~n: II f f1U~ I! I!lillliij ;t 1/ f1U~ ; I!li~iij II , HU, II ~l!!lll;j ii i ~;H " - ilH:> I ~licl~ l! I ~~~~ _ - N .. : ~~a~ .. ~5~~ :1_:;l~ r.l~~~ &\",1'; i :1_0;_ d ~I:l~~ . .t"'t . I a~~ii . ~~~~ I a~~ii .. @ ,U ~~~ III !S :: '" ~ 1iI~~ ~ ~Ii ",,, !:! ~~~aIU I ~ ~~~ai ~ ~ .. iIIue ~ :: "'~ R ~ ill 1l1r1 Iii . :! ~"'.ii " ~!~ ~ ~ ~ !~ ~ ~ ~ ~~ ~ ~ H~~ ; ~ ~~ ~ I - _ i;l a SrI!l ~ 2"':": ~ I ! ~g; ~ ~Uii 51 rO...:,.: ~ ~ UUii rO _,.: ~ ! 5", ~~ ~ ~ -... ~ ~ .1:l~iI UU ill f ~'i!a~ "'"''''li ~ .. ~1:l~51 .",::J N m_",,~ p ! Ur18~ ...: ...:....~. ! l! ~ ~ ~ .. ! il J Uhf ,fill J j j! ! I ~ ~ .. ~ f ~~H i~ h M w~ ~ w~ e LI.. III .. Q- ~~ s - _ 3 .. 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A .. . i 11 eEJ IJ. lill Jill f l I ~ .. u~ Kill MM .. ~ J 'Jl'~ · JjJlf I i~1 f I J i l J, ~ 44 Street Frontage 173.59' on North 21st Street and 254.75' on the Camp Hili Bypass Zoning R-3, Residential District Public Utilities All available and connected Site Improvements Macadam paved parking (100 spaces) and driveways Imorovement Type Multi-tenant office Size 28,745 square feet Age 1970:!: Stories Three excluding basement Construction Quality Average .., Physical Condition Good Land/Building Ratio 2.33 to 1 .~ INDICATED UNIT PRICE $40.00 per square foot of gross building area Including land COMMENTS Improvements consist of a Class B, multi. tenanted office building located at a heavily traveled, signal controlled Intersection. Construction features Include steel framing, masonry exterior walls, flat roof with built-up surface, elevator, electric heat and air conditioning, and average quality office finish. Net rentable area totals 23,138 square feet. Occupancy at the time of sale was 48%. The high vacancy level is partially attributed to the recent vacating (7/97) of a 6,000 square foot unit on the second floor. Estimated effective gross income (based on a 5% vacancy rate) at the time of sale was $266,000. Estimated net operating income was $127,200, reflecting a somewhat high expense ratio due to the ... building's all electric heating system. An overall rate of 11.3% Is Indicated. ... VERIFICATIQN Grantor .., 46 .., Site Improvements Imorovement .., Type Size Age Stories Construction Quality Physical Condition .., Land/Building Ratio INDICATED UNIT PRICE ~ COMMENTS .., , ., .... i -J '-' : ....J VERIFICATION '"., j ...J Macadam paved parking and driveways Multl-tenant office 28,560 square feet 1969 Three Average Average to Fair 3.08 to 1 $42.02 per square foot of gross building area Including land Masonry office building fully vacant at the time of sale. The building was In need of cosmetic, roof and mechanical repairs. The broker estimated that the new owner put $750,000 to $1,000,000 into the building after purchase. The property had been listed for sale since July 1995. Dan Alderman of CIR 1 ... III ,.... 47 IMPROVED OFFICE SALE NO.3 ~c," ~~-~:. ..~I:.." ~ lYPE Office LOCATION 3552 Gettysburg Road Lower Allen Township Cumberland County, PA Tax Map #13-23-553-67 GRANTOR Alice F. and Bett J. Adler GRANTEE David L. Ellis DATE OF SALE January 1996 RECORDING Deed Book 134, Page 427 ., CONSIDERATION $675,000 (Cash to seller) PHYSICAL DESCRIPTION Land , Size 0.8499 Acres Shape/Topography Rectangular Street Frontage 157.90' on Gettysburg Road ." Zoning C-2, General Commercial Public Utilities All available and connected 60 IMPROVED RETAIL SALE NO, 2 lYPE Retail Center LOCATION 25th Street Shopping Center 2431 Butler Street Wilson Borough Northampton County, PA Tax Map #L9-43-1, 2 and 3 GRANTOR Carriage Associates, L.P. GRANTEE A. Mehra Associates L.L.C. DATE OF SALE May 1997 '1 RECORDING Deed Book 19971, Page 48707 J CONSIDERATION $2,900,000 (Cash to seller) ... PHYSICAL DESCRIPTION . , , Land ... Size 5.97 Acres Public Utilities All available and connected .. Site Improvements Macadam paved parking and driveways il '. 62 IMPROVED RETAIL SALE NO, 3 i~ I~ . , I I.. I ! i 1'1 1'( I I .t .1 lYPE Retail Center LOCATION Carlisle Commerce Center White Street - Off Carlisle Road (Route 124) West Manchester Township York County, PA . I Tax Parcel #51-JH-55D GRANTOR Woodman of the World c/o Bennett Williams , , GRANTEE Carlisle Commerce Center, Ltd. DATE OF SALE November 1996 RECORDING Deed Book 1277, Page 8398 CONSIDERATION $5,800,000 (Cash to seller) PHYSICAL DESCRIPTION Land Size 8.20 Acres Shape!Topography Generally rectangular/Mostly level .,. Street Frontage Along White Street Zoning Commercial ... ... l~ ~ ~ ~ ~ ~, ;. ~ j .~ I . j , d I ,..J w. ... ... SCHEDULE III ' RENTAL OPERATIONS BY LOCATION (INCOHE TAX BASIS) FOR THE YEARS ENDED DECEHBER 31 ItlBl!!.2RUG S~. EAST PENNSBOBO TOWNS~IP. PENNSYLVAN~ .... .1996..... .... .1995..... PERCENTAGE PERCENTAGE OF RENTAL OF RENTAL AHDUNT INCOME AMOUNT INCOHE RENTAL INCOHE: F 1 xed Rent....... . . . . . . . . . . . . . . I . . I . S 49.980 97.3 f S 49.9BO 97,3 f Common Facilities Maintenance Charge 1. 400 2.7 1.400. 2.7 Total Rental Income. . . . . . . . . . . S 51.380 100.0 f .t. 51.380 100.0 ; DIRECT EXPENSES: Real Estate Taxes' Net..,.,... ,.... S 17 S (26B) (.m Insurance..... ......... ............. 1.991 3.9 f 1.886 3.7 Maintenance. Exterior.............. 3.970 7.7 7.635 14.8 Total Direct Expenses......... S S.978 11.6 ; S 9,253 18.0 f NET RENTAL INCOME BEFORE DEPRECIATION AND GENERAL EXPENSES..., s 4S.402 a8.4 t S 42.127 82.0 f DEPRECIATION. . . . . . . . . . . . . , . . . . . . . . . . . . 12.181 23.7 12. n8 24.a NET RENTAL INCOHE BEFORE GENERAL EXPENSES AND ENVIRONMENTAL COSTS..... ~ 33.221 64.7 f S 29.409 sp i CASH fLOW BEfORE GENERAL EXPENSES. ENVIRONMENTAL COSTS AND CAPITAL ADDITIONS..... ........... S 45,402 8a,4 .t S 42.127 82,0 f REAL ESTATE TAX ESCALATION PAID BY TENANT...........,........... S 10.200 19.9 .t .u0.200 19.9 t SI!I! dc:c:ountant's review report. ~ ~ ~ ~ I ~4 I I f4 j I 14 t , I I '1 I l 4 I l j I 1 , t I I -I I I 11 I --j I r ,- r r r JH, RSR REAL ESTATE 10, 7831868 PAGE 3 . 16 . SCHEDULE III . RENTAL OPERATIONS BY LOCATION (INCOME TAX BASIS) FOR THE YEARS ENDED DECEMBER 31 .... .1994..... .... .1993...., PERCENTAGE PERCENTAGE OF RENTAL OF RENTAL AMOUNT INCOHE AMOUNT INCOME RENTAL INCOHE: F1 xed Rent........ If. . . . . . . . . . . . . . . . S 49.B9B 97.3 t $ 49.000 97.2 t Common Facilities Maintenance Charge 1. 400 2.7 1. 400 2.8 Total Rental Income... ....... . $ 51.298 100.0 t $ 50,400 100.0 t DIRECT EXPENSES: Real Estate Taxes. Net............. $ 901 1.7t S 930 1.9t Insurance. . . . . . . . , . . , . . . . . . . . . . . , . . , 1.741 3.4 1. 633 3.2 Haintenance ' Exterior..........,... 14.294 27.9 2,277 4.5 Amortization of Lease Fee.......,... 116 .2 1.333 2.6 Total Direct Expenses.,...".. $ 17 .052 33.2 t $ 6.173 12.2 t NET RENTAL INCOHE BEFORE DEPRECIATION AND GENERAL EXPENSES.... $ 34.246 66.8 t $ 44.227 87.8 t DEPRECIATION, . . . . . . . . . . , . . . . . . . . . , , . . , 13.255 25.9 12.903 25.6 NET RENTAL INCOME BEFORE GENERAL EXPENSES.... . . . , . . , . . . , 290991 40.9 t ~ 31.324 62.2 t CASH FLOW BEFORE GENERAL EXPENSES AND CAPITAL ADDITIONS,. .,... S 34.362 67,0 t $ 45,560 90,U CAPITAL ADDITIONS: NFW ROOF..,.,...... ~.,620 50,8 t REAL ESTATE TAX ESCALATION PAID BY TENANT.. .. .. . .. .. .. . .. .. .. .. . S g.O!} 17.7 t S 6.14~ 16.2 t See accountant's review report. RSR REAL ESTATE 10, ?S~IS6S PAGE 8 . 19 . PROSPERITY ~~NT COMPANX SCHEDULE III . RENTAL OPERATIONS BY LOCATION (INCOME TAX BASIS) FOR THE YEARS ENDED DECEMBER 31 ~s MARK~EAST PEN~~~ORO TOWNSHIP. PENNSYLVANI~ .,.. ,1994..... .... .1993..,.. ~ PERCENTAGE PERCENTAGE .J OF RENTAL OF RENTAL AMOUNT INCOHE AHOUNT INCOHE RENTAL INCOME..."........."...,.,.,. S 85.992 100.0 ~ $ 85,992 100,0 t ... DIRECT EXPENSES: Insurance.............. ............. $ 1. 094 1.3 % $ 930 1.1% Total Dlrect Expenses...".... $ 1.094 1.3% L 930 1.1% ., NET RENTAL INCOME BEFORE DEPRECIATION AND GENERAL EXPENSES. '" $ 84.898 98,7 % $ 85.062 98,9 % DEPRECIATION. . . . . , . , . . . . . . . . . . . . . . . . . . 10,549 12.3 10.549 12.3 NET RENTAL INCOME BEFORE GENERAL EXPENSES.........,..., 111...349 86.4 % S 74,513 86J 6 % CASH FLOW BEFORE GENERAL EXPENSES AND CAPITAL ADDITIONS..,.", S 84,898 98.7 % !-85.062 98.9 t REAL ESTATE TAXES PAID BY TENANT.".,. $ 10,874 12.6 % S 9.940 11,6 t ~, '. I SP.P. accountant's revlew report. . ~ Fe," 8825 Rental Real Estate Income and Expenses 01 a Partnership or an S Corporation .. Se. In"ructlons on back. to Attach to Form 1085 or Form 1120S. . . ...---. ., . D,p'I)"',nl 01 the Tr.uUfy Inlltn.l.l A,v.nuI S.Me. 1994 Na",. Employ.r IdenlUlcatlon numb., PENN 21 ASSOCIATES 23-2302801 - 1 Shew thl kind Ind IocoUon 01 IIch PICPIr1y, SII pagl 2 lor addlUonal PICp.rtJla, OFFICE BUILDING A ::::::::: :CNiR: :~~:~t:;.:: R~::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 8 .,........................................................"................................................................................. .....,.........................,............................................................................................................. c ..................................................................,.......................................................................... . .....................................................,......................................................................... .......... o ................................................................................................................................. .......... ................................................................................................................................. ....... ... .~ Propertle. Rental Real Estate Income A B C 0 2 Gnl.. ronll 2 432.484 ..................... Rental Real Estate Exps. 3 Advll1lslng .................,.., 3 4 Auto Ind trav" 4 ................. 454 5 Ceanlng and maintenance 5 21 ...... 6 CommlssloM 6 ................... 06S 7 Insurance 7 8 ...................... 282 8 Legal and othor profl..lon" tooa 8 9 9 Interut 9 81,919 ......................... 851 10 Ropalrs .................. ...... 10 61 11 Taxos 11 32 . 010 .......................... 76,906 12 UUUU.. 12 ......................... 13 Wagos and salarl.. ..........,.. 13 14 CoproclaUon (SOl Inslrllc1lons) 14 115 307 15 Othor(lIst) ~ ~~~. ,l?,C;:'~~~H~~:::::::::: 15 64 484 ................................ 16 Total upons.. lor oach proporty. Add Un.. 3 tluough 15 .......... 16 471 281 17 Total grass ronll. Add grass renll from Unl 2. coIumM A tluough H .."".,."".",."."",.",."".,.... 17 432,484 18 Total UP"M". Add total UP"M" from Unl 16, coIumM A tluough H .""".""""""",."",.,..",., 18 471,281 ) 19 Nit gain (1osI) from Form 4797, Pari II,Unl 20. from thl dlaposlUon 0' proporty from rental real utateacttvtUu .......................................................................................... 19 20a Nollncoml (loss) from rental rooI Islall acUvlll.. from partnlrshlpa, ..latla. and trulllln which this partnOl1h1p or S corporaUon b a partnlt or blnll\clary (from Schadull K-l) .."""",.."",......"..., 208 b IdonUfy bolow thl partnOl1h1pa, lllalos, or trusts from which nit Incoml (loss) b ahown on Unl 201. 'f" Attach a schadulo" mora apacI b nladad: /.,...,. (1) Naml (2) ElN ? "' ~l ..................................................J................................ ................... ................................................................................... ................... ................................................................................... ................... 21 Nlllncoml (to..) from rlntal rooIlllall IcUvlUII. Comblnl Unll 17lhrDugh 201. Entlt rlault hire and on Schadull K, Unl 2 21 -38,797 .., -. -. Fer Paplrwork RlducUon Ad NoUco, .1. back ollorm. ..4 01$2 form 8825 c...., , , NIITIII ..0.....' "ca. =tDte Income anCl ~pen5e5 01 II Partnership or an S Corporation .. 541. Instruction, on bac_. .. Anach 10 Form 106$ or Fn,m t 120S. ...... .,.. .. p.mrl)6~5 J ~~:,~m~,~.O~~::.T~~~~~ 1995 PENN 21 ASSOCIATES 1 Show the kJnd and location of each m e OFFICE BUILDING A ....'CAMp..HILL..'PA.....'.... ......................t................ . See II II 2 to, addltlonal rt) eltles. Employ., ldentmc..llon nUm~, 23-2302801 B -.. C ............" ............., ..................................... o ............................................... ... ..... ....".... ..................................................................................................................................,....... ,., Properties Rental Real Estate Income A B C 0 2 Gress rents 2 429 629 ..................... Rental Real Estate Exp, 3 Advor1lslng ................ ...., 3 4 Aulo and travol 4 ................. 5 5 aoanlng and malntonanco ....', 15 911 6 Commissions 6 ................... 7 Insurance 7 7 950 ...................... 8 Legal and othor ptef...lcnaJ toas 8 7,450 9 Intorest 9 99.919 ......................... 10 Ropalrs ........................ 10 38 022 11 Taxas .......................... 11 32.010 12 Utilities 12 75 387 ......................... 13 Wages and saJaries ............. 13 14 Oopreclallcn (soolnstrucUons) 14 98 8S4 15 Othor (1bt) ~ ~!'!!'!. ,~,C;:~~~H~~:::::::::: 15 60.255 ................................ 16 Tolal exponses tor each p"'porty, Add Un.. 3lhrcugh 15 .........' 16 435 788 17 TolaJ gro.u ~nts. Add gnlSS ~nts trcm Un. 2. celumnsA lhrcugh H ...,.. ..............,.. ...., ...'......... 17 429 629 1S TolaJ uponses. Add tclaJ exponsas trcin IIn. 16, celumns A lhrcugh H /. 18 435.788 ) 19 Nol galn (less) trcm Form 4797, Par1Il, Uno 20. from tho dlspcsJUon 0' pr;,j,'.;;y ~;,; ~~~i ~' , , , , ,. , ~ ' , , , eslAt.acllvl1les "',...,""",..,"",.,.,"',.,"',..,""""""""""',.,',.,""",.,""',.~ r;V. . 19 ... 20a Not Incomo (less) from ~nlaJ real eslAt. actlvlUas from partnerships. eslAtas. and trusts In which this partnonhlp or S COIpCI1lUon Is a partnor or bonoftclaly (trcm Schedule K-l) ".,'.',..""""."""",., 20a b IdanUIy baJcw tho partnorshlps, aslAtas, or trusts from which not Incom. (less) Is shewn on Uno 2Oa. Attach a schedulon mere spac.1s noeded: (1) Name (2) EIN ................................................................................... ................... .....................................................1............................. . ................... ................................................................................... ................... 21 Notlnccmo (less) from ~nlaJ real eslAto actlvltles, Comblnollnas 17lhrcugh 200. Entar resun horo and on Schedul. K. Uno 2 21 -6.159 l I \ - ..... For Paperwork Reduction Act NcUce, '0' back ollorm. ,OM Foml8825 11"" 11 -, , " :, c'" Form 8825 Rental Real Estate Income and Expenses of a Partnership or an S Corporation to See Instructions on back. . Attach 10 Form 1065 or Form 1120S. 0,",0 "'0. 15.~.111O O'~"lm.m olin, TIUIU'';' .nlOrn..R.....nu.5."'IU N.m. 1995 _PROSPERITY DEVELOPMENT COMPANY 1 Show the k.Jnd and location of each ro e . Se. a 82 fer additional ro ertles. COMMERCIAL PROPERTIES A . CAMPHILL'PA . . . .. - _,.... ,t....,....... ..,. Employorldonll1lcatlon numbor 23-1945101 B . . . . . . . . . . . . . . . . . . . . c ..................... ....................... .......... -, ., ............................................ """"" D ., ................................... ...................................................................... ........... . . , . . . . . . . . . . . . . . . . . . . . . . . .. .,.......,...................... ........... . Properties . Rental Real Estate Income A B C D 2 Gross rents 2 225 550 , ..................... Rental Real Estate Exp, , 3 3 AdvertiSing...........,........ . , 4 Auto and lnIvel 4 . . . . . . . . . . . . . . . . . 5 Cleaning and maintenance 5 7 635 ...... . 6 Commissions 6 . . . . . . . . . , . . . . . , . . . . 7 Insurance 7 3,780 . . . . . . . . . . . . . . . . . . . . . . S Legal and other prtltesslonal fees 8 9 178 . 9 Inlerest 9 43 494 .. ...................... 10 Repairs 10 . 11 ........................ 11 Taxes .... ...................... -268 12 Utilities 12 . 13 ........................, Wages and solanes ......,..,.,. 13 .14 Depreciation (see Instructions) 14 37.638 15 other (list) . , See SCIl~~~~:~::::::::: : 15 20.101 '. .. .. . . . . . . . , . . . . . . . , . . . . 16 Total expenses tor 8ach property. , Add lines 3 through 15 '......... 16 121. 558 '. 17 Total gross rents. Add gross rants from line 2. columns A through H ...".....,. 17 225.550 . . . . . . . . . . . . . . , . . . . ..... ... , 18 Total expensas, Add lotalexpenses from line 16. columns A through H .. 18 121.558 ) ......., . . . . . . . . . . . . . . . . . . . . . . ..... 19 Net gain (loss) from Form 4797. Part II. line 20, from the disposition of property from rantal raal estate actMties 19 ...............................................,..................................... ..... "'20a Net Income (loss) from rantal realestale ecWlties from partnerships, estates, and trusts In which this partnership or S corporation Is e partner or benenclary (from Schedule K-l) .,.,.,..,.".,...".,.., 20a -1.715 ..... b Identify below the partnerships, estates, or trusts from which net Income (loss) Is shown on line 200, I,,;};;: ... Attach a schedule It more space Is needed: 1%>", (1) Name , (2) EIN . PI::NN ..21 l\SS.o.9,I~~E:S. . .2,3:-:~302.801 .c"< .............. ..... ........ ...." ..... ....... ii ... ..................... . . . . , . . . . . . . . .." ........ ...... ...... ...", ...... '.c..' .. .. . . . . . . . . , . . . . . . ...................................... . . . . . . . ,.... ... ...... 21 Net inceme (/oss) from rental real estate activities. Combine lines 17 through 20a. Enter result here and on Schedule K. line 2 21 102.277 - , For Paperwork Reduction Act Notice. see back of 'orm. ~('lrm. 8825 Hental Real Estate Income and Expenses 01 a Partnership or an S Corporation .. Se. Instructions on blCk. .. Attach to Form 1085 or Form 11205. 1994 ....t. .... "t, O'ClllmlFlI 01 tn, T,...",)' Int"n,IR.",nll' S'''''l~ '.,m, Employer Identification number 23-1945101 PROSPERITY DEVELOPMENT COMPANY 1 Show the kind and location of each ro e . See 82 for addttlonal ro ertles. COMMERCIAL PROPERTIES ~ A : :::::::: :CNiR::~~:~~:;': :R?\:::::::::::::::::: ::::::::::::::::::::::::::::::::::.::::::::::.:::::: .."........,. .. ~B .......,.........................................................................................................................., ......................................................................................................................................... ~C '.. ..... ...........................................................................................................,..................... ........................................................................,.........................................'....................... D ........................................................................................................................................... ............................................................................................................................................. , Propertlel Rental Real Estate Income A B C D 2 Gross nnts 2 210 349 ..................... Rental Real Estate Exps. 3 Adver1l.lng ..................... 3 4 Auto and travel 4 ................. 5 Cleaning and maintenance ,'.". 5 19 642 6 Commissions 6 866 ................... 7 Insurance ...................... 7 3 174 8 Legal and other prof...lonal Ie.. 8 11 197 9 Interest 9 41 674 ........................ 10 Repairs .............,.......... 10 11 Tax.. .......................... 11 901 12 UUlltie. ......................... 12 13 Wagesand ..Iarle. ............. 13 14 OepreclaUon (.ee Insll\lcUon.) 14 37 301 15 Other (Ii.t) . ~~~. .S.c;:n~4H~~::::::::: 15 18 573 ................................ 16 Tolal expen.e. for each properly. Add line. 3 through 15 .......... 16 133 328 17 Tolal gross rents. Add gross rents from line 2. column. A through H ",."".."., "., "",."'.",.,..",,,. 17 210 349 18 Tolal expen..., Add Iolal expen... from line 16. column. A ltuough H 18 I 133,328 ) ...................................... 19 Net gain (loss) from Form 4797, Part 1I,lIn. 20. from the dl.posltlon of properly from renW real estate activities 19 .......................................................................................... 20a Nellncome (loss) from renW real e.late ectlvlUe. from partnership., ..lat.., and lI\I.ts In which thl. partnership or S corporaUon Is a partner or benenclary (from Schedule K-l) 20a -2 705 b Idenllly below th. partnership., astat.., or lI\I.ts from which nellncome (loss) I. ~h~;';~'~~'li~~'~' .. . , . , , .. , . ",," Atlach a .chedul. tt more .pace Is needed: !~~?102~" II (1) Name .l'E:N.l:l, ..43" .~~.~,9,c;:.J;~~E:~..,.,....,.,..,..,...,.... .........,'.......,... ................................................................................... . .... ............................................................................... ................... 21 Net Income (loss) from renW rea' ..late actlvlUes, Combine lines 17 through 208. Enter re,uII here and on Schedule K. IIn. 2 21 74 316 .. ... f..... ... "" ... For Paperwork Reduction Act Notice. .e. back of form. O'~2 '..m 8825 1100'1 , . .:.~:.:;.~:. ~i~~.:' ,.;", '.': \ STATE ,r .. -J ~ j '" "'- ~ lJ ~ '- c... C:o ,"l ..- c: ~ - .. &- '" 'I I , Il:ll'll a~ .:l Il:l .:l>< 8 o~ . ll<tIl ~ ~; ~ ~HZ oIJ gj~ III H tIl d (l ~ ~ll< III .Oll<-Eo< Cll ~ r-l 1Il~~ r-l 1 o .3: r-l r-l Eo< U><~ Cll ><~o Cll tIl ~~ 1 ~ Eo<ll<~ g: Oll:l ~QO ll<r:::l ~ 0:: H 0 8~u tIl~ &luz . . III OCl'l III > CEo<t Eo< OCHID tIl ~ 8~tl~ ffi~ ~z~ <I ~ll< ia r:::l r- ll<H tIlO := .:lCl'l Eo<~ ~~~ ll< :~Sci ~~ ~ '-1UUZ UO::C ~.. . ,IUN 1 7 191)fl . :' .0 II, ISSUES It appears to Appellant that two primary issues have arisen in the course of the hearing: A, The capitalization rate to be applied in the implementation of the income approach to valuation, B. The use of "contract" rent or "economic" rent in valuing the Weis Market and Thrift Drug portions of the subject real estate. Each is discussed below, III. APPELLANT'S ARGUMENTS A. CAPITALIZATION RATE The experts have disagreed in the capitalization rates to be applied in using the income approach to valuation, For the Court's review, we summarize their rates per lease (without tax load): Plaza 21 American Office Center Wendy's Dunphy's Weis Market Thrift Drug Exxon HIRSH 10.2% 10.2% 10.2% 10,2% 10.2% 10.2% 10.2% BOTT 11,023% 10,948% 10,50% 10.50% 15.00% (Discount rate) 15.03% (Discount rate) NONE USED It should be noted that School District's expert applied a LAW OI"f"lCES SNELDAKER. BRENNEMAN a SPARE single and, therefore, consistent rate which is dictated by the obvious simple fact that only QDg parcel of real estate is involved. Conversely (and erroneously) the Owner's appraiser -3- LAW O"'ICE8 SNELDAKER. BRENNEMAN B: SPARE applied varying rates where used and mixed valuation methods among the structures thereby destroying consistency and contributing to the obfuscation of his overall approach. In all cases, Mr, Bott's rates are higher than those used by Owner which has the effect of reducing the end value. Mr. Bott has provided the Court with no evidence as to how he arrived at the rates applied, At most, he says his rates for the 2 office buildings "are in keeping with national surveyed data and market derived overall rates as outlined in the Sales Comparison Approach . " , , (Emphasis added,) (Page 34, Appellee Exhibit 1.) He provides no support data for his judgment. Mr. Hirsh, on the other hand, explains at length with considerable relevant supporting data how he came to his conclusion (Page 69 et seq., Appellant's Exhibit 1). He gives the Court various money interest rates and provides detailed narrative material to explain his use of the figures, More important than monetary data is the basis for making the judgment. Mr, Hirsh testified at length (without contravention) about his experience and resulting knowledge from personally dealing in the market area -- particularly the economically prosperous general office center within a radius of 2 miles of the subject property, There was no doubt that Mr, Hirsh was fully acquainted with rents, demand for leases and the multitude of market forces which dictate the true bases of expected returns. It is contended that Mr, Bott's -4- LAW OfFICES SNELDAKER. BRENNEMAN it SPARE capitalization rates should be discarded in favor of the consistent 10.2\ (plus tax load) submitted by Mr. Hirsh, It is interesting that Mr, Bott justifies his capitalization rates based on some sales which he selected as comparable (pages 52-65, Appellee's Exhibit 1): A. B. C. D. E. F. Office Building: 355 N. 21st st., Camp Hill Office Building: 600 Wilson Rd., Upper Allen Twp. Retail center: Summerdale Plaza, East pennsboro Twp. Retail Center: Northampton county Retail center: West Manchester Twp., York County Retail Center: Prospect, Lancaster County 11.3\ 16.5\ 11. 0\ 11. 85\ 11.21\ 11. 75\ While these reports tend to support Mr. Bott's conclusion, the sales are skewed to be most favorable to the upper level of rates. The Court should recall Mr. Bott's responses on cross- examination with respect to the above properties (referenced below by corresponding letter from above): A. 52\ of the rentable area was vacant at time of sale, which explains an 11,3\ rate. An investor obviously would be concerned over whatever factors caused more than a majority of area to be vacant. B. A one-tenant facility with a lease in place but not likely to be renewed, which explains the C, 16.5\ rate. Obviously an investor wonl" be hesitant to pay a higher value when faced with an expiring lease and the uncertainty of a single tenant for a large 3-story building. Mr. Bott admitted that the Summerdale area was -5- LAW O'FICeS SNtLOAKER. BReNNEMAN 8: SPARE not similar to the prime area of the subject property, thus justifying a higher rate. D., E" and F. It is the School District's position that none of these are relevant to the present litigation. All are located at a considerable distance from the subject property and obviously not influenced by the premier neighborhood of the subject property, The Owner has a clear motive to raise the capitalization rate as high as possible. By engaging an appraiser who is not familiar with the market area of the subject property, the owner's expert can rely on high-sounding "national surveyed data" while ignoring the reality of the local scene. On the other hand, the School District's expert clearly relied upon the local financial climate, uninfluenced by "national" trends, We consider Mr, Hirsh's testimony on capitalization to be totally flawless, as confirmed by the absence of challenge on cross-examination. Mr. Hirsh is an expert in the fullest sense of the term, having researched and participated in the local market for many years. It is respectfully suggested that the Court should accept his base rate of 10.2% in its determination of market values when reviewing the income approach,l lThe significance of the capitalization rate can be seen mathematically by applying Mr, Hirsh's capitalization rate (with tax load) to Mr, Bott's determination of income, which produces a value in excess of $8,3 million, -6- LAW O'lI'ICr:S SNELDAKER. BReNNEMAN B: SPARE B. "CONTRACT" vs, "MARKET" RENT It is contemplated that the Owner will attack the School District's income approach evidence because Mr, Hirsh used the market rent for all structures and leases. The Owner will probably emphasize Appeal of Marple Sprinafield Center. Inc., 607 A.2d 708 as decided by the Pennsylvania Supreme Court in 1992. The School District is well aware of the Marple Sprinafield decision which requires the use of the actual or contract rent in determining the gross income for the application of the income approach to value where there is a lona-term lease. In Marple Sprinafield, the Court was dealing with a single lease which had a probable term of about 75 years, having commenced in 1968 and with an expiration date of 2044. There is no question that this was a "long-term" lease. The School District's expert did not confine himself to the "contract" rent, but applied the "market" rent to all structures and the several leaseholders. We believe this is proper (and proven by the sales comparison approach) and that Marple Sprinafield is not applicable per se for two significant reasons. First, the Court in Marple Sprinafield was dealing with only one lease -- not 15 as in the instant case. Here, the Court is required to make a determination of the value of a single tract of land (Tax Parcel #09-20-1854-004) improved with 5 structures sharing common necessary amenities: access, -7- LAW OFFICeS SNELBAKER. BRENNEMAN 8: SPARE parking, pedestrian paths, lighting, etc. Each of the 15 tenants accesses and uses the common elements, The School District contends that a single methodology must be applied for all leases in order to have a single result, As in the case of the capitalization argument above, the absence of consistency obfuscates the real issue: the market value of the single tax parcel. Marole Sorinafield provides no authority for the varying methodology, The School District contends that the case is authority for only a single lease case. Secondly, the leases at issue are not of the "long-term" category observed in Marole Sorinafield. Here, the several leases (with future options assumed to be exercised) will expire: Plaza 21: (1) - 2003 (2) - 2004 (3) - 2008 (4) - 2004 American Office Center: (1) - 2005 (2) - 2007 (3) - 2005 (4) - 2003 (5) - 2009 (6) - 2006 Wendy's - 2009 Dunphy's - 2005 Exxon - 2013 Weis Market - 2012 Thrift Drugs - 2018 The leases spread between 2003 to 2018. Mr. Bott apparently considers all of the office leases in Plaza 21 and American Office Center to be other than long-term, as well as Wendy's, Dunphy's and Exxon, He cites only Weis and Thrift as -8- LAW OFFICES SNELDAKER. BRENNEMAN 6: SPARE "long-term", even though Exxon is longer than Weis and only 6 years separates Thrift and Weis, While Weis and Thrift may have been longer in overall duration, it is only their remaining terms which are relevant. They' certainly don't compare with the end date of 2044 in Marple Sprinafield. Owner classifies Weis and Thrift as "long-term" in order to apply the rule of Marple Sprinafield, However, by comparison with the lease term in Marple Sprinafield, they are relatively short-term and cannot be automatically elevated to the Marple Sprinafield doctrine. While the Weis and Thrift terms may be longer than the others on the subject property, the mere difference does not merit the application of the "long-term" rule. Using the Owner's argument, any lease longer than any other is tantamount to "long-term" treatment -- a corollary which should not be used in light of the substantial term in the Marple Sprinafield scenario. It is respectfully contended that Mr. Hirsh's use of the "market" rent is not only logical but proper, particularly when applied uniformly to all leases/structures on the single tax parcel. The proof of this conclusion is the confirming test of the sales comparison approach. Mr. Hirsh valued the entire tax parcel by the latter method at $9,000,000 based upon a host of comparable sales. It is noted that the Owner did not challenge Mr. Hirsh's sales approach in the course of the hearing. It must be presumed that the cited comparable sales included leases with comparable terms, -9- LAW OrFlClE8 SNELDAKER. BneNNEMAN 8: SPARE C. OWNER'S LACK OF SUPPORTING DATA In his effort to substantiate the use of "contract rent" in dealing with the Weis Market and Thrift Drug leases, Mr. Bott concluded that the rents were below market rates, but failed to support the conclusion with credible evidence. He only supplied ~ conclusion at $8.00 and $10.00 per square foot (page 32, Appellee's Exhibit 1), He submitted no research material in his report and offered no oral testimony to support his conclusion, It is impossible to evaluate such conclusion in the absence of support data and, therefore, should be ignored. The argument is equally applicable in his evaluation of other leases. Again, he gives a conclusion but supplies no evidence. 0, OWNER'S MISAPPLICATION OF INCOME APPROACH The Owner's expert, William Bott, valued the subject property by both the income and sales comparison approaches. However, he erred in his income approach by mixing it with the sales comparison approach, Specifically, while touting the use of the.'income approach as the most reliable method (Appellee's EXhibit 1, Page 67), Mr, Bott ignored the method when valuing the service station (Exxon), Instead, he used the sales comparison approach which further obfuscates his overall valuation. Such arbitrary attribution is obviously improper, To apply the sales comparison approach to Exxon, Mr, Bott had to assume -10- LAW OFFICEII SNELBAKER. BRENNEMAN & SPARE some parcel of land being sold. All of his comparables included land: #1 - 0.34 acre; #2 - 0.73 acre; #3 - 0.63 acre. In the instant case there is nQ land. No subdivision has occurred and Mr. Bott neglected to determine whether any could occur under prevailing land use regulations. Thus, the Court is expected to deal with an "apples and oranges" assimilation in determining the value of a single 10.37 acre tax parcel. The credibility of Mr. Bott's income approach is seriously impeached and should be discarded. E. TAX YEAR 1998 IS ALSO AT ISSUE This case arose when the Owner filed its appeal in 1996 with the County Board of Assessment Appeals, thereby bringing into issue the assessment for the tax year 1997. The Board decided the case on April 30, 1997. The School District appealed to this Court by Petition and Notice of Appeal on May 23, 1997. The case came to hearing on June 3, 1998 -- after the beginning of the next (1998) tax year. Section 704 of the Fourth to Eighth Class County Assessment Law permits the School District to appeal to the Board below and to this Court ", . . . with like effect as if such appeal were taken by a taxable with respect to his assessment." (72 P. S. S 5453.706).) Section 704 requires the appellate body to determine all subsequent years during the pendency of the )See similar prOV1Slon in section 520 of the General County Assessment Law (72 P.S. S 5020.520). -11- fl~ .~ j~ ..'" etr ..,g-l; ...~ ~= ~- -4-S uS~ i - -,s.l .~~ ':J:'.... I q . ~. .. ]f.- . . ... . fll, I \ I , , I I I i I . I ,~. . j i'i_, - I"; ,." I Ii. t.'_-'-i li1' 1...........';1: .,.' L~, ~, \...... . \..1 . IJ t', II 'I@.I 'j h~.l 1-'-" . .... IJ' 1\ I' ;J t,.:_-t i'o1 hi t'.";'j 1.:;; , i. I ".j.' : ~, - ,j i j. - 1 t ," ~" - 1 I ! ., ., /-, , ".l' , ~ 1 . , , . I I I "1' I \ I ! , I I .- ..., ..., TABLE OF CONTENTS ..., .... SCOPE OF THE APPRAISAL ..............................................................................................4 SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS ...........................................6 ..., Regional Location Map ............................................................................................... 9 Regional Analysis ........................................................................................................... 9 Popu lalian ................................................................................................................... 10 Household formation ...... ............................................................................................10 -- Age.............................................................................................................................11 Education .................................................................................................................... 11 Medical Care ............................................................................................................... 12 Summary of Social Trends ...........................................................................................12 labor Market Segmentation .........................................................................................13 Employment ...... ..........................................................................................................13 -',1 Major Industry and Employers .....................................................................................14 Business and Industry Development ............................................................................14 Real Estate Market ....... ................................................................................................14 "0 Median Household Income .........................................................................................15 Summary of Economic Circumstances.......................................................................... 16 .--.... -.., Highway System ..........................................................................................................1 7 Other T ransportat ion . ...... ...... ......... .............. ...... ............ .............. ........................ ....... 1 7 Conclusion ..................................................................................................................18 ,~ Neigh borhood Analysis ............................................................................................18 ,.. Street Photogra phS ..................................................................................................18 Site Location Map.....................................................................................................19 PROPERTY DESCRI PTION. ......... ..... ....... ............................. ............... ... .... ......21 Photographs of the Subject Property .....................................................................21 Site Descri ption ........................................................................................................21 ,... "" Tax Map .....................................................................................................................24 ~; Flood Map ............. .................................................................................................... 25 Zoni ng........................................................................................................................ 26 Descri ption of I mprovements .................................................................................. 28 Photographs of the Subject Property .....................................................................28 Zoni ng Map ............................................................................................................... 29 Layout, Design and Finish .......................................................................................30 Layout, Design and Finish .......................................................................................32 Layout, Design and Finish .......................................................................................33 Layout, Design and Finish .......................................................................................34 Layout, Design and Fi ni sh .. ..................................................................................... 35 Layout, Design and Finish .......................................................................................36 Layout, Design and Finish .......................................................................................38 ... .. ... ... 728PAcrAAMH I ; .. hirsh valuation group ~ I I I m n ~ =- c ~ c ~ u ~ u ~ w ~ ~ ~ I - -- hirsh SINCE 1980 ~ valuation group APPRAISERS. CONSULTANTS LAURENCE A. HIRSH. eRE, MAl DiRISTI/IE L FAKE JAMES W a, SPRAGUE ALAN M, HARRIS JUDITH G, HIRSH. ESO. STEPHANI: H. ClUCK JUDITH N, STUM WRllS H, O'HILL ..... May 22, 1998 """' ". Mr. Robert E Burgett, Business Manager East Pennsboro Area School District c/o Richard C, Snelbaker, Esq" Counsel Snelbaker, Brenneman & Spare 44 West Main Street Mechanicsburg, Pennsylvania 17055 Ref: Appraisal, Plaza 21 Shopping Center, NE Corner of Camp Hill Bypass (US Route 11/15) and 21'1 Street, East Pennsboro Township, Cumberland County, PA, in re Real Estate Tax Assessment Appeal, East Pennsboro Area School District v. Prosperity Development Corporation _.,,1 ~, Dear Mr. Burgett: At your request by proposal dated May 5, 1997, and accepted May 12, 1997, we have appraised the property referenced above to estimate the market value of its fee simple interest in the real estate as of the appraisal date. Laurence A. Hirsh and Alan M. Harris inspected the property July 17, 1997, without assistance, and Alan M. Harris inspected the property August 12, 1997, with the assistance of Charlie Davis, MATT Corp. The date of the appraisal is January 1, 1997, the date of the tax appeal. We have considered location, condition, size, zoning, functional utility, sales of comparable properties, the uses for which the properties could be employed, operating costs, and other pertinent data. It is our opinion, and we certify, that the market value of the fee simple interest in the subject property before the taking, appraised at its highest and best use as improved, as currently used, as a mixed.use office and commercial center, as of January I, 1997, was: ... NINE MILLION ($9,000,000) DOLLARS... ... .... .... ... The reasoning upon which these values are based is contained in the accompanying appraisal report. This appraisal has been completed in conformity with the Uniform Standards of Professional Appraisal Practice of the Appraisal Institute (USPAP). As of the "" I ... 728PACf"AAMH I ... 2213 forest hills drive, suite #3 . harrisburg, pa. 17112 phone 717.652.9800 . 1.8[)()'775.2669 . fax 717.652-8267 http://www.hirshval.com ~ -, ACKNOWLEDGMENT .., Hirsh Valuation Group wishes to acknowledge the contribution made to this report by Gary R. Fake Jr" Judy N. Sturn and Stephanie H, Cluck, Mr, Fake, Ms. Sturn and Ms, Cluck have assisted us in research and assemblage of data and the analysis of the subject properties; however, we have developed the conclusions reported, and assume full responsibility for such conclusions, ,~ - .. J ... I ~ t I .. 1 ~ 728PAcrAAMH 1 III hirsh valuation group :1 .. ~ ..., SCOPE OF THE ApPRAISAL ~ The purpose of this appraisal is to estimate the market value of the fee simple interest in the real estate as of January 1, 1997; and the function of the appraisal is to serve as a guide in establishing an equitable real estate tax assessment. , . The subject improvements include a service station building, 2 office buildings, a pump house, a fast.food restaurant, and a strip center with 3 semi.detached buildings, including 2 commercial retail buildings and a restaurant building. Prosperity Development Corporation owns the subject site, That owner ground leases the sites for the two office buildings, the service station, and the fast food restaurant (along with a small unimproved area to Weis Markets) to their respective owners. The building improvements were constructed from 1967 to 1996, some prior to adoption of the current zoning ordinance. The scope of this appraisal involved the accumulation of data necessary to estimate market value by application of the three accepted appraisal approaches: The sales comparison approach, the income approach, and the cost approach. Data gathered included sale prices, lease rents, terms and structures. An inspection of the subject property was conducted and courthouse records were reviewed. In addition, the appraisers consulted with owners or managers of similar properties in the surrounding area through telephone interviews and visited properties considered most similar to the subject. Data gathered as a result of this research was combined with information already on file, which includes information which may have been generated through prior appraisals and/or feasibility studies. Also, we have researched and confirmed sales of properties considered comparable to the subject property, and inspected those properties, whenever possible. The highest and best use of the subject property has been determined for the property, and each of the three recognized approaches to value has been considered in this valuation. The final estimate of value for the subject is $9,000,000. More weight in the final estimate of value was given to the income approach. with support from the sales comparison approach. . . ~'''' , ..., ".. ... .. I .. 728PACFAAMH hirsh ... valuation group II SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS ...) Location: The subject property consists of a 10,37'acre site improved with two detached office buildings, a detached pump house, a detached service station building, a detached fast.food restaurant building, and a strip center with three semi,detached buildings, including a 2 commercial retail bUildings and a restaurant building. The subject site fronts the east right.of.way of 215t Street, and is bounded on the south by the Camp Hill Bypass (US Route 11/15) north right,of.way, The subject property lies in East Pennsboro Township, Cumberland County, Pennsylvania, The property is identified as Cumberland County tax parcel 09,20,1854,004. Ownership: The subject site is owned by Prosperity Development Corporation, The subject improvements are owned as follows: 1. Semi,detached retail building, 35,897 SF. owned by Prosperity Development Corp. and leased to Weis Markets 2, Semi.detached retail building. 14.000 SF. owned by Prosperity Development Corp, and leased to Thrift Drug 3. Semi.detached restaurant building, 5,597 SF, owned by Prosperity Development Corp, and leased to J.C. Dunphy's 4. Detached fast,food restaurant building. 2,685 SF, owned by Wendy's 01 New York (land, lease) 5. Detached gas,station building, 1,854 SF, owned by Thomas E. Zimmerman (Iand.lease) 6. Detached 4,story office building, 63,010 SF, owned by Plaza 21 Realty Associates (land,lease) 7. Detached l,story pump house, 500 SF 8. Detached 3.story office building, 46,638 SF, owned by Penn 21 Associates (land lease) Land Area: The subject site contains approximately 10.37 acres, Improvements: The subject site is improved with an asphalt,paved parking lot and landscaping typical of a strip shopping center and office facilities. It is improved also with the following building improvements: . Semi.detached 1.story retail building measuring approximately 35,897 SF . Semi.detached I-story retail building measuring approximately 14,000 SF . Semi.detached 1.story restaurant building measuring approximately 5,597 SF . Detached 1.story last-load restaurant building measuring approximately 2.685 SF . Detached l,story gas-station building measuring approximately 1,854 SF . Detached 4.story office building measuring approximately 63,010 SF . Detached l,story pump house measuring approximately 500 SF . Detached 3-story office building containing approximately 46,638 SF Tax Identification Number: The subject property is identified by Cumberland County as tax parcel 09-20,1854-004. -'. ._, ... ... - ... 728PACF'uMH hirsh .. valuation group SUMMARY OF IMPORTANT FACTS ,\NIl CONCLUSIONS (CONTINUED) 7 -, Identification of Property Rights: The property is being appraised for its fee simple interest. Purpose of the Appraisal: We are appraising the property to estimate the market value of its fee simple interest. Function of the Appraisal: The function of the appraisal is to serve as a guide in establishing an equitable real estate tax assessment of the property, Appraisal Date: The date of the appraisal is January 1, 1997, the date of the real estate tax assessment appeal. Definition of Market Value: "The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus, Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. buyer and seller are typically motivated; 2. both parties are well informed or well advised, and each acting in what he considers his own best interest; 3, a reasonable time is allowed for exposure in the open market; 4. payment is made in terms of cash in US dollars or in terms of financial arrangements comparable thereto; and 5. the price represents the normal condition for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale," Zoning: The site is located within the Commercial General (CG) zoning district of East Pennsboro Township. Highest and Best Use: The highest and best use of the SUbject property, both as if vacant and as improved, is as currently used, as a mixed,use office and commercial center, Assessment and Taxes: The subject property as of the appraisal date was assessed at $662,100, The assessed value includes the entire 10,37.acre site and the improvements. Based on the current Cumberland County, East Pennsboro Township, and East Pennsboro Area School District tax rate of $183.5 per $1,000 of assessed value (183.5 mills), the annual tax liability calculates to $121,495,35, ~,,' , . H ,.' ,.d ~. ... ... .... Di hirsh .. valuation group ~ ~ ~ " n ~ ~ ~ ~ ~ ~ ~ ~ u u u u u u ~ i ~ l!! '" - ... LOCATION ANAlYSIS (CONTINUED) 111 ~. corridor from Carlisle to Lebanon and includes the following counties; Cumberland, Dauphin, Perry, and Lebanon, Population and income in the region depend on employment that constitutes the area's economic base, This base is the economic activity of a community that enables it to attract income from outside its borders, The value of real property reflects and is influenced by the interaction of basic forces that motivate human activity. The four major categories of these forces are social trends, economic circumstances, governmental controls and regulations, and environmental conditions. .~ Social Trends POPUlATlO' GROIVTII Population characteristics define social forces that affect the subject property. We have analyzed the demographic composition of the region to estimate future trends. This data and our projections reveal the basic demand for real estate, aUS ;,O"u ~ h.O.... ~ j.lI"~. 7 ! ...n.... . i: ].n.... E ~ l.lI".. c: 1.11.... 11,0".. aPA . .hrri,h'J: MSA Population "'/ According to US Census figures, in 1990, the Harrisburg Area population was 587,986, which increased to an estimated 613,062 in 1996, indicating a population growth rate of 4.3% for the period, We have compared the population growth in this area to adjoining counties and metropolitan areas. The charts on the preceding page illustrate growth patterns compared to these adjoining areas. Compared with the State of Pennsylvania, the Harrisburg area is growing at a faster rate, but at a slower rate than the nation as a whole, The adjoining counties of York and Lancaster are also growing at a faster rate than the Harrisburg area, As seen in the charts on the preceding page, Cumberland County is the fastest growing county among the four that make up the Harrisburg MSA, followed by Perry County, The chart also indicates that Dauphin and Lebanon Counties are lagging behind in population growth compared with Cumberland and Perry Counties and the adjoining counties of York and Lancaster. r--l J.1 ...,'. ,,. In Household Formation ~ We have compared household formations in the Harrisburg MSA to other areas, using US Census figures, The formation of households in the Harrisburg area increased at a higher rate than its population growth from 1990 to 1996, ... hirsh .. valuation group lOCATION ANALYSIS (CONTINUED) 1-1 Major Industry and Employers Some of the larger employers in the Harrisburg area include: Commonwealth of Pennsylvania, Hershey Foods Corporation, AMP Incorporated, HERCO, Inc" Bethlehem Steel, Harrisburg Hospital, IBM, Pennsylvania Blue Shield, Rite Aid Corporation, Bell Telephone Company, and Hershey Medical Center, Moreover, the location of major financial institutions' branch offices in the Harrisburg area allows for easier access to financing for development projects. Among these financial institutions are Mellon, PNC Bank, Core States Bank, Meridian Bank, and Dauphin Deposit Bank and Trust Company, among others, Business and Industry Development The Harrisburg area is also served by several organizations, which help encourage business activity from outside the Area, Among these organizations are CREDC (Capitol Region Economic Development Corporation), the Chamber of Commerce for the Capital Region, Greater West Shore Area, Mechanicsburg area, and Carlisle area. CREDC has played a significant role in contributing to the growth of the Harrisburg area in the past decade by inspiring new development and drawing large corporations to the area to set up headquarters, thereby providing new jobs, Real Estate Market Influenced by these financial trends and the activities of the institutions involved in the financial market, the commercial and industrial real estate market in the Harrisburg area experienced a significant amount of development in the late 1980's, However, this growth rate declined drastically in 1990 due to the state of the economy and the large supply of space versus the smaller demand for such space, Discussions with local real estate professionals in the Harrisburg Area indicate that there continues to be a supply of both commercial and industrial type space and new development has been very slow. However, from the end of 1994 to today, .of ,.., .".. \.... .... ... ... ... ... OffiCE V,\CANCY RATES Vear End, 1995 ()O'~ 57'\. 30.... Ill". -40'~.. .Cla",,,,'\ .CI...8. 0(1...8 o CI... C JO"n 2UQ" 01" 10"" 0." Ed"'. Shure Wt..ilJ Shure HarriVlurg Cil~' hirsh valuation group - - lOCATION ANALYSIS (CONTINUED) 15 .~ space is beginning to lease at a slightly higher rate than in 1990,1993, Nevertheless, financing for new projects continues to be somewhat difficult to obtain unless the majority of the property is owner occupied or pre, leased, As shown in the box on the preceding page, except for class,A office space vacancy rates in the area generally are high, indicating an overbuilt market. Vacancy rates for class.A office, residential, and industrial space are lower, indicating more reasonable absorption, Median Household Income .. ... , j According to Sales and Marketing Management's 1995 SbO.OOO Survey of Buying Power, $iO.OOO the median household effective buying income S~O.OIlO in the Harrisburg,Carlisle, $30.000 Lebanon area was $40,072 as of 1995, as $20.000 compared to $44,037 for $10.000 Cumberland County individually, $39,087 in Dauphin County, $41,773 in Lancaster County, and $41,485 in York County, all indicating increases over previous years, As of 1989, the median household income for the Harrisburg,Carlisle,Lebanon Mea was $28,332. From these statistics, it is fair to conclude the subject's location in the Harrisburg MSA, an area considered to have potential for future economic development, should have a positive effect upon the future success of the subject property. The 1990 US Census shows the Harrisburg area's median home price to be $75,000. This compares with state and national median home prices of $69,689 and $79,098, respectively. Median prices are not averages, but midpoints on the value line. Approximately 60,7% of the households in the MSA were owner, occupied in 1990. Development in the Harrisburg area at the present time consists mainly of middle to upper end housing and well tenanted commercial properties and is widely considered to be at a steady pace. This pace is affected by access to development financing which is currently available to a limited group of well qualified borrowers, as well as general economic conditions, which have been previously discussed, Speculative development is occurring again, MIIlIM' I Mill Y ItOUSrHOfO INCOMr CoROIVIH '89.'9b _.~ I',,,: -:~,,: ~\. ~ 'li'l:' ~' ;:';-.: !\.'l, C 198'! .1996 $0 IIMrj."huJ}; ....'SA PA us , , '" ... M ... "" ... hirsh ... valuation group LOCA liON ANALYSIS (CONTINUED) 1 (, Summary of Economic Circumstances ... In summary, compared to the national economy, the Harrisburg area is experiencing minimal problems. The local economy is considered diverse and stable with a favorable mix of industries, which should help to insulate the community from some of the post,recessionary impact, experienced by other areas of the country. Government Controls and Regulations Governmental, political, and legal forces have important influences on property values, The legal climate can overshadow the natural market forces of supply and demand. The government provides many necessary facilities and services that affect land,use patterns, We have examined the influences of public service, local zoning and building codes (especially those that obstruct or support land use), national, state and local fiscal policies, and special legislation that influences property values (rent control, etc,), We have concluded that generally the political environment for real estate development in the Harrisburg area in the future is favorable. This fact is demonstrated by a number of recent developments in the city, including several new office buildings, Also, a large amount of office and retail space has been developed on both the East and West shores in the late 1980's into 1990, with space remaining to be absorbed into the market. Included among these recent (early 1990's) large development projects are the Vartan Business Park, Colonial Commons Shopping Center, Hampden Square Shopping Center and Silver Spring Commons Shopping Center, several residential developments, as well as the Dauphin Highlands Golf Course, In addition, the new headquarters of Pennsylvania National Insurance on the Square in Harrisburg was in the lease.up stage during 1996, Private individuals and groups and township boards concerned about environmental issues have at times during recent years opposed development in the Harrisburg area, but such activity at the present is not at a level likely to inhibit prospects for development. Other governmental factors influencing growth in the area include zoning, public water and sewer availability, and environmental limitations. Other than those discussed, no factors that could enhance or limit growth appear to be present. "~ ~. "'. .... Environmental Conditions ... Both natural and man, made environmental forces contribute to the nature and desirability of an area, Harrisburg is surrounded by the Appalachian Mountains both to the north and south and the Susquehanna River flows .. hirsh IIIi valuation group lOCATION ANALYSIS (CONTINUED) 17 through the heart of the area, separating this MSA into two regions, the East and West shores, Several smaller waterways flow into the Susquehanna River, including the Yellow Breeches and Conodoguinet Creeks. These geographical features allow Harrisburg area residents to take advantage of many outdoor recreational activities. The topography in the Harrisburg area, in general, is described as gently rolling, and is suitable for many types of development. Highway System DISTANCES TO MAJOR CITIES Pittsburgh 200 ml, Philadelphia 100 mi, New York 180 mi. Washington, DC 110 ml, 8altlmore 75 mi, Richmond 220 mi, Lancaster. PA 40 mi, York, PA 25 ml, Stale College. PA 85 mi, The region surrounding the Harrisburg area contains an excellent primary highway system, US Interstates 81,83, and 76 all serve the area and run through both Cumberland and Dauphin Counties, These highways provide important links to other markets in Pennsylvania and other markets in the northeast. Other important highways serving the area include Routes 322 and 30, This highway system surrounding the Harrisburg area is extremely important, since Harrisburg is located within 250 miles of 25% of the nation's population, Due to the strength of the highway system serving the area, Harrisburg has become a center for motor carrier truck terminals, with approximately thirty terminals and seventy,five carriers serving the area, Rail service is provided by Amtrak on Conrail's main line (formerly Penn Central and Reading Companies), The rail terminal is located in downtown Harrisburg, Bus service is provided through the Greyhound and Continental Trailways lines with charter bus service available and local service provided by Capital Area Transit. The bus terminal is located in the same facility as the rail passenger terminal, which was part of a historic restoration project. The area also is served by the Harrisburg International Airport, which has undergone major improvements in recent years, This airport serves the major Other Transportation -. ,',of ... ... ... ... ... ... City Pittsburgh Philadelphia New York Chicago Delrolt Boslon Baltimore Washington. DC Atlanta Raleigh-Durham Charlotte Cincinnati AIR SERVICE AT HIA Airline USAlrways USAirExpress USAirExpress American/United Northwest USAirways USAirExpress USAlrExpJUniled Delta American USAirways Delta Flying Time 40min, 30min, 60min, 1 hr, 45 min, 1 hr, 30 min. 60 min. 30 min. 35 min. 1 hr, 40 min. 1 hr,15 min. 1 hr, 30 min. 60 min. valuation group hirsh LOCATION ANALYSIS (CONTINUED) 111 .... carriers, including USAir, United, Continental, Delta, American, and Northwest. General aviation is served by two airports; Capital City Airport and Carlisle Airport. Conclusion The generally favorable social, economic, governmental, and environmental forces in the Harrisburg area should continue to contribute to the demand for real estate in the area, There is a good balance of land uses, a strong economic base, an adequate supply of housing and labor, and a well developed transportation system. These factors contribute to making the area attractive for commercial, industrial, and residential development. Moreover, these factors will be significant for the long,term growth prospects of future development. In summary, the region's desirable attributes include a high median income, an excellent transportation system that places various types of businesses within reach of a larger segment of the population, and a stable and diverse local economy, NEIGHBORHOOD ANALYSIS ~. , The subject property fronts the east right. of, way of N. 21st Street and the north right.of,way of US Route 30 (Camp Hill Bypass) at their intersection, in East Pennsboro Township, Cumberland County, west of the City of Harrisburg, the state capital. Access to the site is from N, 21 st Street. The subject neighborhood is bounded on the west by N. 2pt Street, on the south by the Camp Hill Bypass, on the north by Poplar Church Road, and on the east by Erford Road, N. 2151 Street is a two and three. lane major thoroughfare which links East Pennsboro Township with major highways that provide access to the region. US Route 11/15 (Camp Hill Bypass) is a four.lane major thoroughfare which provides access south (via US Route 15) to Gettysburg and Frederick, Maryland, east to the City of Harrisburg, and west to Carlisle and 1,81. ... .... ... ... "'" hirsh .. valuation group ~ ~ ~ " n n ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ U J ~ " . ~ . ~ c ; . ! " C ~ 21 PROPERTY DESCRIPTION SITE DESCRIPTION ... The subject property consists of a 10,37.acre irregularly shaped site improved with a strip.shopping center containing a retail supermarket building, a retail drug store building, and a full,service restaurant building, In addition, the site is improved with a 5,story office building, a 3.story office building, a fast.food restaurant building, and a gasoline service station, The subject site fronts on the western right. of, way of North 2151 Street and on the northern right.of.way of US Highway 11/15 (Camp Hill By'pass), We were not furnished with a site plan, boundary survey map, or topographic map of the subject site. The subject property lies in East Pennsboro Township, Cumberland County, Pennsylvania, and is more fully described below: Size: The site measures approximately 10,37 acres, The size of the site is considered adequate for similar uses, with the reservation that the number of parking spaces available at the site is less than the minimum number of parking spaces required by zoning regulations, and that parking can be congested at times, Shape: The subject parcel is irregular in shape. Topography: The subject site slopes gradually downward from the northwest corner to the southeast corner, It is at grade with 21'1 Street, but below the grade of US Highway 11/15, to which there is no access, Frontage: The subject site has approximately 600 feet of frontage on N, 2151 Street, with access, It also has approximately 700 feet of frontage on the Camp Hill Bypass, but no access, Drainage: The site is adequately drained from high areas on the northwest to low areas on the southeast. Main Improvements: The site currently is improved with a 1.story detached service station building, a l,story detached fast,food restaurant building, a 5,story detached office building, a 3,story detached office building, and a retail strip center with a l,story semi. detached supermarket building, a 1.story semi,detached drug store, and a 1 and part 2,story semi.detached restaurant building with a mezzanine, . , ..~ ,..- ... "" ..... ... .... ... ... 728PACF'AAMH hirsh .... valuation group . PUOI'ERTY DESCRIPTION (CONTINUED) 22 Parking: There are 594 parking spaces. Location of the Building Improvements on the Site: The Plaza 21 office building is located near the southwest corner of the site adjacent to Camp Hill Bypass, and behind the service station, which occupies the southwest corner of the site. The strip shopping bUildings are located along the north property line near the northwest corner of the site, The Wendy's bUilding is located adjacent to the north property line between the strip center buildings and the American Office Center building on the northeast corner and the southeast corner, Paved drive and parking areas surround the improvements, Land-to-Bulldlng Ratio: Based on total building area, 2,65 to 1 (451,717 SF of land + 170,181 SF GBA); based on building footprint area, 5,19 to 1 (451,717 SF of land.;. 87,033 SF total footprint), Access: Access is via two curb cuts to North 21st Street on the west side of the subject site. North 21't Street is a three-lane (including a center turn lane) macadam-paved road with concrete curb and gutter, It intersects with US Highway 11/15 (Camp Hill By-pass) at the southwest corner of the subject site, Visibility: The subject property is highly visible from US 11/15 and from North 215t Street. Landscaping: The subject property is professionally landscaped, The landscaping is typical of strip shopping and office facilities similar to the subject. Sidewalks and Curbs: There are concrete sidewalks providing access from the parking areas to the building improvement, with concrete curbs along North 2151 Street. Curb Cuts: There are two curb cuts on North 2pt Street. Exterior Lighting: Exterior lighting consists of a twin, lamp pole- mounted mercury or sodium,vapor area lights in the parking area, and some building.mounted sodium or mercury vapor and incandescent fixtures, Underground Tanks: There are no underground tanks either disclosed to us or noted by us, except as noted on page 37, Street Improvements: A macadam, or asphalt,paved drive and parking apron exists around the building improvements. and covers nearly all the site, '. - ... ... ..; hirsh valuation group ~ PROPERTY DESCRIPTION (CONTINUED) :z:I -~ Flood Zone: The subject is in an area classified as "Zone C," which is outside the 500,year flood plain.! A copy of the flood map is contained In this section, Aboveground or Underground Easements: There are no aboveground or underground easements disclosed to us or noted by us, other than typical utility easements, Public Utilities: The subject site is served by all available utilities at the site's perimeter, including public water, natural gas, electricity, and telephone. Tax Identification Number: Cumberland County identifies the property as tax parcel 09,20,1854.004. Favorable Site Attributes: The site's location near major transportation routes and central location in the Harrisburg metropolitan area, the relatively level topography, and the excellent visibility from North 21'1 Street and US Highway 11/15 (Camp Hill By,pass), all are considered favorable attributes. Relationship to and Conformity of the Site with Its Surroundings: The subject site fronts North 21'1 Street at the southwest corner of its intersection with US Highway 11/15 (Camp Hill By.pass), in East Pennsboro Township, Cumberland County, Pennsylvania. In terms of shape, topography, zoning, and utilities, the site is typical of market commercial retail and office sites. In terms of size, the site is similar to those with similar facilities, We are aware of no nuisances, hazards or easements that could have a negative effect on the value of the property, other than the traffic backups on N, 21'1 Street at its intersection with Camp Hill Bypass, The backups occur as a result of the signal for left turns onto Camp Hill Bypass, restricting ingress and egress to the site, The site is considered appropriate for its current use as a commercial retail and office. facility site. Functional Adequacy of the Site: Based on our analysis of the subject site, we have concluded that the physical and functional characteristics of the property meet the desires and standards of the typical purchaser of commercial retail and office sites, with the reservations that the site has limited parking, as well as difficult egress to North 21'1 Street due to traffic congestion at the traffic light at its intersection with US 11/15 (Camp Hill Bypass). ',.4 - - ... I Flood Insurance RaJe Map for East Pennsboro Township, Cumberland County, Pennsylvania, US Dept, of Housing and Urban Development, Federaltnsurance Administration, Community No. 4203598, Panel H&I-03, dated April 15. 1977. ... hirsh ... valuation group ~ .., ~c:. ~\ ~\ ~~ ~ \\ \\ ZONE B ~ \\ ~'l. ~ ~ , " , / / , '.'- ~ \ ,~ --~..... ,~ -\.\MliS - ... .................-.... FLOOD MAP ... ... ~ ZONING ~ The subject property is located in the Commercial General (CG) zoning district of East Pennsboro Township, Permitted uses in the CG district include the following: Apartment buildings. Tourist homes and motels. Commercial uses...including but not limited to,..retail drug stores, food sales, wearing apparel shops, auto and home appliance sales and service, restaurants and tea rooms, jewelry and gift shops, department stores, dry goods and notion stores, furniture sales, banks and lending institutions, barber and beauty shops, studios, paint, paperhanging and glass shops. Office buildings professional offices and services and personal services. Newspaper and job printing establishments. Theaters, assembly halls, places of amusement, and commercial recreation establishments including skating rinks, swimming pools, golf driving ranges, and outdoor movies. Public garages for storage. repair, and servicing of motor vehicles when in a completely enclosed structure; public and private off. street parking lots. Gasoline filling stations for servicing but not major repairing of motor vehicles [subject to Part 19]. Public and semi. public uses such as churches, libraries, schools, recreational facilities, and municipal buildings of all types. 10. Post office, central telephone exchanges and transformer substations. ~ -, -' ~ - - - ... 1. 2. 3. 4, 5. 6. 7. 8. 9. I'ROI'ERTY DESCRIPTION (CONTINUED) 2(, SUMMARY OF BULK AND AREA REGULATIONS East Pennsboro Township Maximum building height' ........,..................... 40 (eet Minimum lot area..,.............,..............,..,.... 10,000 SF Minimum lot width at building line..,............ 100 (eet Residential & Conv, Apt. Use: 1 dwelling unit,..,..........,.............................. 4,000 SF 2 dwelling units..,......................................... 7,000 SF 3 dwelling units..,..........,.......,...................... 9,000 SF 4 dwelling units...,..,................................... 12,000 SF Each additional dwelling unit......................, 1,000 SF Maximum lot coverage..................................,....,40% Minimum open space.....,..............................,....,10% Minimum (ront yard' ......,..........,....................,30 (eet Minimum side yards'..............,......................., 10 feet Minimum rear yard ....,..............................,...., 30 (eet Buffer yards' ..,........,..............,................,....,..,20 (eet 'Height limit may be increased one foot for each additional foot that yard width exceeds minimum required. 'Or 50"10 o( the width of the right-of.way upon which the lot abuts, whichever is greater, 'No side yard required where 2 or more commercial uses join side to side, pursuant to mutual wrinen agreement of adjoining property owners, 'Required dong residential district boundary line, or when commercial use abuts existing residential use [subject to Part 19 o( the zoning ordinance). Nole: Where adjoining buildings abut or parallel a public right-of-way, a buffer yard of not less than 20 feet in width is required at intervals of not more than 400 (eet, Common walls are not permlned between properties of separate ownership, Note: Off-street parking must be provided in accordance with Part 21 of the zoning ordinance. Source: Easl Pennsboro Township Zoning Ordinance hirsh valuation group PROI'ERTY DESCRIPTION (CONTINUED) 'J.i .... 11. Undertaking parlors and funeral homes. 12, Laundry, dry cleaning or dyeing, tailoring, dressmaking, shoemaking and repair Shops when primarily service or service and sales shops and not manufacturing plants. ~ '\ \\ ~ '\, '~ \, "'<,. \ ..... i> , ,~ i> " .. !. /' AlDOl "0 COIIWERCUL GDlIUL ZON1NG Dtrnlcr .1tAMP--. .. ~,., ~ .. .. ~ ~ IZONING MAP REPRESENTATION I \ ,.0<1"" .eC" " c~ 13. Wholesale businesses when incident to a permitted use, but not including wholesale storage warehouses. 14. Signs [subject to part 20], including . Any signs permitted in any residential zone. . Business or identification signs not exceeding 300 square feet in total area per business premises; advertising signs in total square footage not exceeding four times the lineal front footage of the premises on which located. . Service and real estate signs not exceeding 16 feet in total area per business premises. 15, Residential use in existence at time of adoption of ordinance; dwelling incidental to permitted use; conversion apartments. 16. Conversion apartments meeting requirements of building code and off. street parking requirements [part 21]. 17. Dance or music studios. 18. Dog kennels and veterinary hospitals. 19. Accessory uses customarily incidental to permitted uses. 20. Public utility facilities. All other uses are prohibited, Area and bulk regulations are shown in the box on the preceding page, -- ... hirsh .. valuation group iJ PROPERTY DESCRIPTION (CONTINUED) 28 ..., The subject uses all are permitted uses in accordance with the C,G district zoning regulations, The subject improvements were constructed at various times, some prior to the adoption of the zoning ordinance March 18, 1980, According to township officials, the minimum parking required at the site, based on Part 21 of the zoning ordinance, is 724 spaces; however, only 594 spaces are available. (Although parking appears generally to be adequate, parking can be a problem at peak usage times.) Consequently, the subject uses are considered to be legal non,conforming uses. A copy of the applicable sections of the East Pennsboro Township Zoning Ordinance, including height, area and bulk regulations, and parking requirements, is contained among the addenda of this report, A representation of the applicable section of the zoning map is shown on the preceding page, and a copy of the official East Pennsboro Township Zoning Map is contained in the addenda, ~ DESCRIPTION OF IMPROVEMENTS ~ BUilding plans and specifications were not available to us, Our description of the improvements is based on our observation, on information related to us by Charley Davis of MATT Corporation, the property manager for Prosperity Development Company, and on data contained in the Cumberland County Tax Assessor's Office property cards, The subject property currently is improved with the following: . A del ched 5-story class B office building containing approximately 63,010 SF of gross building area (GBA) . A detached I-story pump house containing approximately 500 SF of GBA . A detached 3-story class B+ office building containing approximately 46,638 SF of GBA . A detached 1.story service station building containing approximately 1,854 SF of GBA . A detached 1-story fast-food restaurant building containing approximately 2,685 SF of GBA . Semi,detached strip I-story shopping center improvements, including . a retail supermarket building containing approximately 36,389 SF of GBA . a retail drug store building containing approximately 14,000 SF of GBA · a restaurant building containing approximately 9,555 SF of GBA The improvements are more fully described as follows: ..~ - - hirsh ... valuation group 1)1l0I'[IlTY DrSCIlII'T10~ (C()NTI~U[l))\11 Heating and cooling is provided by a water,source heat pump forced.air system with a cooling tower, Water heating is by electric units, We could not inspect the electrical system, It is assumed to be adequate for an office facility of the subject type. Two 2,500,lb.,capacity Centre elevators provide access to all floors from the lobby areas on the east end. There are both men's and women's restrooms located in the east. end lobby areas on each floor. They contain ceramic.tile floors, papered walls and surface acoustic tile ceilings with recessed fluorescent lighting. All are handicap.equipped. Layout. Design. and Finish The building improvement is rectangular in shape, Interior finish generally is average quality in the areas leased for non,medical,office use, and higher quality in the medical.use areas. The main entrance to the building is by a covered portico located at the east end which provides access to the main lobby located on the 2nd level. Access to the building also exists on the west end, Restrooms are located on each floor at the southeast and northeast corners of the lobby areas, with stairwells off the north and south sides of the lobby areas, and elevators against the east wall, Parking Access to the subject site is by curb cuts on 21 st Street. The parking area, which surrounds the building on the north, sOLlth and east (with a drive on the west end), is asphalt.paved and divided from the strip.shopping area to the north by an elevated grade planted with shrubbery, but connected at the west and east ends of the site. Pole, mounted sodium or mercury-vapor fixtures illuminate the parking area. Total parking available to the entire site is 594 spaces, ".,f ~. hirsh ... valuation g,'ollP !'IHlI'nn" D[~( 1I11'T10N (CONlINum) 11 . . AMERICAN OFFICE CENTER (Detached 3,Storv Office Building) Exterior Description Foundation: The foundation of the building is poured concrete perimeter and footings, Slabs: The floor slab is concrete slab over crushed stone base. Framing: Framing is steel and concrete block. Insulation: Roof insulation and interior insulation type is unknown, but is considered adequate by the owner. Exterior Walls/Facade: Exterior walls are masonry. Floors: Floors are concrete slab covered with carpet, composition floor covering and ceramic tile. Exterior Doors: Exterior doors are glass.pane with wood frame, and metal with metal frame. Windows: Windows are insulated glass in metal frame. Roof: The roof is built.up composition or rubber membrane over steel deck and roof structure. Drainage System: The drainage system is internally mounted gutter and downspouts. Basement: Unknown. Interior Description Interior finish: Interior walls generally are papered and wood.panel, and ceilings are suspended acoustic tile. Lavatory areas contain ceramic.tile floors and vinyl.panel walls and ceiling, Floors are terrazzo and carpet over concrete. Finish is high.quality, and hallways are 6.feet wide. Interior doors are wood and metal personnel doors Heating and cooling is provided by an electric heat pump forced,air system. Water heating is by electric units. We could not inspect the electrical service, It is assumed to be adequate. There are two Otis 2,500,lb"capacity elevators that provide access to the lobby areas on each floor at the south end. .. hirsh ,.. valuation group PROPERTY DESCRIPTION (CONTINUED) J:.! .~ There are both men's and women's restrooms located in the lobby areas on each floor, with other restroom facilities in each suite. All are handicap,equipped, Layout, Design, and Finish The building improvement is rectangular in shape, Interior finish is superior,quality. The main entrance is through a ground.level lobby area on the south end, Access from the north end also is possible, Restrooms are located on each floor and in each suite, Stairwells are near the elevators on the north end, Parking Access to the subject site is by curb cuts on 21st Street. The parking area, which borders the building on the west and south, is asphalt. paved and divided from the strip. shopping area to the west by a planted divider, but connected at the west and south ends of the site, Pole,mounted sodium or mercury,vapor fixtures illuminate the parking area. Total parking available to the entire site is 594 spaces, ~ WEIS MARKET (Semi.Detached Commercial Retail rSuoermarketl Buildinl1') Exterior Description Foundation: The foundation of the building is poured slab, Slabs: The floor slab is concrete slab over crushed stone base. Framing: Framing is block and steel. Insulation: Roof insulation and interior insulation type is unknown, but is considered adequate by the owner. Exterior Walls/Facade: Exterior walls are painted brick and block with metal trim, Floors: Floors are concrete slab covered with composition floor covering, Exterior Doors: Exterior doors are glass, pane with metal frame, Windows: Windows are glass in metal frame, Roof: The roof is built,up or rubber membrane over steel deck. - ... .. hirsh .. valuation group ~ PROI'ERTY DESCRIPTION (CONTINUED) 33 .... Drainage System: The drainage system is externally mounted gutter and downspouts, Interior Description Interior finish: Interior finish is minimal, with painted walls and vinyl.tiIe floor, Ceiling is suspended acoustic tile with recessed fluorescent lighting, Heating and cooling is by a ceiling mounted recovery system. The building is sprinklered, A restroom is provided for employees and the public, We could not inspect the electrical or mechanical systems. They are assumed to be adequate, Layout, Design, and Finish The building improvement is rectangular box,type, with public area in front and storage, office and loading area in the rear. The entrance is on the south side, .... Parking Access to the subject site is by curb cuts on 21st Street. The parking area, which borders the building on the west and south, is asphalt. paved and divided from the office buildings to the east and south by a planted divider and an elevated grade planted with shrubbery, but accessible from the office buildings, Pole, mounted sodium or mercury,vapor fixtures illuminate the parking area, Total parking available to the entire site is 594 spaces. - ECKERD DRUGS (Semi.Detached Commercial Retail [Drug Store] Building) Exterior Description Foundation: The foundation of the building is poured slab, Slabs: The floor slab is concrete slab over crushed stone base. Framing: Framing is block and steel. Insulation: Roof insulation and interior insulation type is unknown, but is considered adequate by the owner, Exterior Walls/Facade: Exterior walls are painted brick and block with metal trim. Floors: Floors are concrete slab covered with composition floor covering. - .. hirsh .. valuation group ~ - PROPERTY DESCRIPTION (CONTINUED) 34 ,,' Exterior Doors: Exterior doors are glass.pane with metal frame, Windows: Windows are glass in metal frame, Roof: The roof is built,up or rubber membrane over steel deck, Drainage System: The drainage system is externally mounted gutter and downspouts. Interior Description Interior finish: Interior finish is minimal, with painted walls and vinyl,tile floor. Ceiling is suspended acoustic tile with recessed fluorescent lighting. Heating and cooling is by electric heat pump. The building is sprinklered. A restroom is provided for employees and the public. We could not inspect the electrical or mechanical systems, They are assumed to be adequate, Layout, Design, and Finish The building improvement is rectangular box.type, with public area in front and storage, office and loading area in the rear, The entrance is on the south side. .... .... .'~. " Parking Access to the subject site is by curb cuts on 21st Street. The parking area, which borders the building on the south, is asphalt.paved and divided from the office buildings to the east and south by a planted divider and an elevated grade planted with shrubbery, but accessible from the office buildings. Pole,mounted sodium or mercury,vapor fixtures illuminate the parking area, Total parking available to the entire site is 594 spaces. -, . . J. C. DUNPHY'S (Semi,Detached Commercial Restaurant Building) Exterior Description Foundation: The foundation of the building is poured concrete slab, Slabs: The floor slab is concrete slab over crushed stone base. Framing: Framing is wood, Insulation: Roof insulation and interior insulation type is unknown, but is considered adequate by the owner. '" ... ow hirsh ... valuation group PROI'ERTY DESCRIPTION (CONTINUED) 35 ~ Exterior Walls/Facade: Exterior walls are painted composition lap siding, Floors: Floors are concrete slab covered with carpet and vinyl tile, Exterior Doors: Exterior doors metal with metal frame, Windows: Windows are insulated glass in wood frame, Roof: The roof is asphalt or Fiberglas.shingle over wood sheathing, Drainage System: The drainage system is externally mounted gutter and downspouts, Interior Description Interior finish: Interior walls are painted drywall and wood panel, and floors are carpet and vinyl tile over concrete, The building contains a mezzanine approximately 12 feet wide supported by steel posts. Lighting is incandescent. The ceiling is cathedral,type with wood finish, Interior doors are wood and metal personnel doors, . Heating and cooling is by electric heat pump, We could not inspect the mechanical and electrical systems, They are assumed to be adequate, There are public restrooms in the building, We could not inspect the interiors. Layout, Design, and Finish The building improvement is rectangular in shape, with entrance on the south end, public dining area on the south two.thirds of the building (and with seating on the mezzanine), and kitchen, dock and storage areas on the north end, Parking Access to the subject site is by curb cuts on 21 st Street. The parking area, which borders the building on the east and south, is asphalt, paved and divided from the office buildings to the east and south by a planted divider and an elevated grade planted with shrubbery, but accessible from the office buildings, Pole,mounted sodium or mercury,vapor fixtures illuminate the parking area, Total parking available to the entire site is 594 spaces, - ... .. hirsh . valuation group 1)IWI'Uln D[SCRII'rION (CON rlNUm) ]11 WENDY'S (Detached Commercial Fast,Food Restaurant Building) Exterior Description Foundation: The foundation of the building is poured concrete slab Slabs: The floor slab is concrete slab over crushed stone base, Framing: Framing is wood. Insulation: Roof insulation and interior insulation type is unknown, but is considered adequate by the owner, Exterior Walls/Facade: Exterior walls are face brick with metal roof trim. Floors: Floors are concrete slab covered with ceramic tile, Exterior Doors: Exterior doors are metal with metal frame, Windows: Windows are insulated glass in wood frame, Roof: The roof is asphalt or Fiberglas.shingle over wood sheathing. Drainage System: The drainage system is internally mounted gutter and downspouts. Interior DescrlDtion Interior finish: Interior finish including the food-preparation area, is typical of fast,food restaurant facilities, with tile floor, painted drywall and exposed brick, and suspended acoustic tile ceiling with recessed lighting. Equipment and Mechanical Systems: Heating and cooling is provided by an electric heat pump system, We could not inspect the mechanical and electrical systems. They are assumed to be adequate. There are two restrooms available to the public and employees. . . Layout, Design, and Finish The building improvement is rectangular in shape, with public entrances on the east and west. and employee entrance on the north. The dining area is along the south and east sides, with serving counter to the north of the dining area, Loading, office. storage and food, preparation areas are on the north end of the building. ,.. hirsh ... valuation group 1'1l01'[IlTY ()[SCIlII'T10N (CONTlNlJW) Ji Parking Access to the subject site is by curb cuts on 21 st Street. The parking area, which borders the building on the east, south and west, is asphalt, paved and divided from the office buildings to the east and south by a planted divider and an elevated grade planted with shrubbery, but accessible from the office buildings, Pole,mounted sodium or mercury.vapor fixtures illuminate the parking area. Total parking available to the entire site is 594 spaces, EXXON SERVICE STATION (Detached Commercial Service Station Buildimz) Exterior Description Foundation: The foundation of the building is poured concrete slab, .... ..-- '__4 Slabs: The floor slab is concrete slab over crushed stone base. Framing: Framing is block and wood. Insulation: Roof insulation and interior insulation type is unknown, but is considered adequate by the owner. Exterior Walls/Facade: Exterior walls are brick. Floors: Floors are concrete slab covered with vinyl tile in the sales area, and exposed slab in the bays. Exterior Doors: Exterior doors are metal with metal frame, Windows: Windows are glass in wood frame, Roof: The roof is asphalt or Fiberglas.shingle over wood sheathing. Drainage System: The drainage system is externally mounted gutter and downspouts, Underground Storage Tanks: There are underground gasoline and oil storage tanks present. number and capacity unknown, It is known from lease information that they are electrically monitored for leaks. Interior Description Interior finish: Interior finish is minimal in the sales area and unfinished in the bay area. Lighting is incandescent and fluorescent ceiling mounted. Exterior lighting is mounted in the pump-area canopy. Mechanical, heating and cooling, and electrical systems are ..,.,. ",.". hirsh .,.:1 valuation group PROPERTY DESCRIPTION (CONTINUED) 39 The subject property building improvements, gross building areas, and year constructed (according to Cumberland County tax records, except for Weis Market and J,C, Dunphy's2) are listed as follows: Building Improvement Detached 5.story office building (Plaza 21) Detached 3.story office building (American Ofc, Center) Detached 1.story service station (Exxon) Detached 1.story fast.food restaurant (Wendy's) Detached 1.story pump house l,story strip center semi.detached buildings including: Supermarket building (Weis Market) Drug store building (Eckerd Drugs, formerly Thrift) Restaurant building (J, C. Dunphy's) Total SF/GBA .Renovated in 1988, according to tax records. ..., AGE AND CONDITION OF THE IMPROVEMENTS ~ , SF /GBA 63,010 46,638 1,854 2,685 500 35,897 14,000 5,597 170,181 IMl1 1974 1985 *1967 1979 1974 1967 1978 1994 The site also is improved with an asphalt or macadam parking and driveway area which covers most of the site. The building conditions are typical of buildings of similar age and construction, and appear to have been well,maintained. The parking area also is well,maintained and in favorable condition, The improvements are serving the purpose for which they were constructed, ~__J 1 This gross building area is based on our measurement, Cumberland County tax records idenlifies me original area of me building as t8,746 SF, and subsequent addition(s) as t7,643 SF. or a total of 36,389. The second amendment to me June. 1966. lease (modified by letter June 28, 1966 [which letter subsequently was cancelled Nov. 12, 1975), and amended March 17, 1975. and Novennber 12. 1975). dated May 14, 1984. calls for proration of charges based on a SF-numerator of 35,038. tt identifies original building area as 24,09t SF, and me addilion mat is me subject of me amendment as 10,533 SF. for a lotal of 36,624 SF. The Nov. 12, 1975, amendment. refers to a building expansion of 5,693 SF. Based on our measuremenl, J.C, Dunphy's lotal area is 5,597 SF, including a 12'-wide mezzanine, and a small 2-stor)' area; however, me tax records state 9,555 SF. The lease to J.C, Dunphy's Pub, Inc., dated August 17, 1994, specifies a 4,430-SF area, We were not furnished with building plans or specifications, - ... ... ... hirsh valuation group I I il '!!j I II I I I ~ ~ = ~ ~ ~ ~ ~ ~ J ~ W J 41 ~ HIGHEST AND BEST USE ., Basic to the determination of a property's value is its "highest and best use," This is "the reasonable and probable use that supports the highest present value, as of the date of the appraisal." The highest and best use must be: · Physically Possible: The use must be physically possible on the site or in the improvements planned or existing, · Legally Permissible: The use must be permitted under zoning and other municipal, county, state, and federal regulations, . Financially Feasible: The use must be capable of producing a positive return, . Maximally Productive: The use must represent the maximally productive use for the subject property, The highest and best use of the site as vacant may be different from the highest and best use of the improved site. This occurrence is most likely for older properties where market conditions and the neighborhood have changed significantly since construction of the improvements. The existing use will continue to be the highest and best use unless the land value at its highest and best use exceeds the sum of the value of the entire property as improved and the cost to remove the improvements, Based on the premise that the physical condition of improvements and neighborhood characteristics change, the definition of highest and best use indicates that there are two types: Highest and best use as if vacant; and highest and best use as improved, The subject property, as of the valuation date, is a 10,37.acre site improved with commercial retail, full,service and fast,food restaurants, a service station, and two office buildings. Typically, land is valued in terms of the most profitable use for the total property, The access, visibility, zoning and terrain of the property make it suitable for residential, commercial, industrial or recreational use. The highest and best use of the property will be ... ..J -. .n - - ... 728PACFAAMH hirsh .. valuation group HIGIt[ST AND BEST USE (CONTINUED) 42 the use that is physically possible, legally permissible, financially feasible, and maximally productive, PHYSICALLY POSSIBLE The subject site is an irregularly shaped, 10,37 ,acre parcel, As if vacant, the topography allows for all legal uses possible. The utility of the site is not diminished by its shape, and the size of the site is adequate for most legal uses, The availability of public utilities at or near the site's perimeter enhances the prospects for development of the site for legally permitted uses, The use of the subject for commercial retail and restaurant, service.station, and office uses, along with other commercial, industrial, residential and recreational uses is considered physically possible on the subject site. As improved, the subject is a 10,37'acre site improved with an 1,854.SF detached service station, a 2,285,SF detached fast,food restaurant, a 63.010, SF detached office building, a 46,638.SF detached office building, a 500,SF detached pump house, and a strip shopping center containing a 36,389,SF retail supermarket building, a 14,000,SF drug store building, and a 9,555,SF restaurant facility, ... LEGALLY PERMISSIBLE The zoning district largely controls uses that are legally permissible at the subject site. The subject site lies within the Commercial General (C,G) zoning district of East Pennsboro Township, The C.G district permits apartment buildings, tourist homes and motels; office buildings; theaters and commercial recreation establishments; automobile parking and service garages; service stations; post office buildings; and public and semi,public uses such as churches, libraries, schools, and recreational facilities. Also permitted are funeral homes; storage warehouses and wholesale businesses; music and dance studios; veterinary hospitals; and a variety of other commercial uses, as well as accessory uses to those permitted uses, As if vacant, there are no known private restrictions, building code limitations, or environmental controls which would prohibit any of the uses permitted by the zoning. Uses that are physically possible and legally permissible, therefore, are those cited in the preceding paragraph. As improved, all of the subject uses are permitted within the C.G zoning district. The subject site does not provide for the minimum number of parking spaces required by zoning; therefore, the subject is a legal non,conforming use within the C,G zoning district. Bulk and area regulations for the C,G district are summarized in the property description section, and copies of the - - - - .. hirsh .. valuation group HIGHEST AND BEST USE (CONTINUED) -13 applicable parts of the East Pennsboro Township Zoning Ordinance are included in the addenda, FINANCIALLY FEASIBLE To determine financial feasibility, first for the site as if vacant, and then for the site as improved, those uses which are physically possible and legally permissible are further analyzed to determine which uses are likely to produce an income equal to or greater than the amount needed to satisfy capital amortization, operating expenses and financial obligations, First, the physically possible and legally permissible uses must be reduced to those which are logical, Those uses which are financially feasible also are tested to find the use that produces the highest value consistent with the rate of return warranted by the market for that use, As If Vacant Public uses are illogical because those uses typically are not run for profit. An accessory use is secondary to a primary use, The remaining uses allowable by zoning (detailed in the property description section and summarized previously in this section, have been analyzed and most judged to be uses that could afford returns similar to those for the subject as improved, Therefore, use of the property as if vacanf and as improved could afford similar returns. The subject site fronts, and has access to, North 21'1 Street, a major thoroughfare that intersects at the southwest corner of the subject site with US Highway 11/15 (Camp Hill Bypass), and enjoys excellent visibility from both North 21'1 Street and US Highway 11/15. As researched and analyzed in the income approach, the subject, as of the valuation date, is achieving a positive return that is assumed to be equal to or greater than the amount necessary to satisfy capital amortization, operating expenses and financial obligations, Therefore, it is concluded that the subject use both as ifvacanf and as improved is financially feasible. - MAXIMALLY PRODUCTIVE The most logical and financially feasible use of the site as if vacant is as improved, as a mixed,use office and commercial center site developed for commercial retail, service station, and restaurant uses, and office uses, all of which are physically possible and legally permissible uses, and the maximally productive-and therefore highest and best-use, ... .. hirsh .. valuation group 45 , ~ ~ ApPRAISAL PROCESS As a requisite to estimating the market value of the fee simple interest in the subject real estate, we have considered all three approaches to value: The sales comparison approach, the income approach, and the cost approach, In the case of the subject property all approaches to value were considered in developing a final value conclusion. In addition, the subject market area and other influences on value were considered, ~ Sales Comparison Approach The sales comparison approach assumes that under normal conditions, a number of parties, acting intelligently and voluntarily, tend to set a pattern from which value can be estimated, Application of this approach relies on a comparison of the subject property with a sufficient number of recent sale transactions of comparable properties in the market, based on a common unit such as a price per square foot, price per acre, price per lot, price per square foot of building, gross income multiplier (GIM), or overall rate (Ro). We developed the sales comparison approach by researching recent sales of commercial retail, restaurant, service station, and office facilities and comparing those sales to the subject. The units of comparison that could be developed from the sale data were price per square foot of building including land, and in the case of shopping center sales, overall capitalization rate, A sufficient number of recent sales supports our conclusions, Consequently, the value estimated by the sales comparison approach is deemed reliable due to the quantity and quality of sale data. .... Income Approach The income approach analyzes the present worth of the future potential benefits of a property, The initial estimate involves the net income, which a fully informed person is justified in assuming the property will produce during its remaining useful life, The estimated net income then is capitalized into a value estimate, based upon the level of risk as compared with investments of similar type and class, .. ... 72BPAcrAAMH I .. hirsh valuation group AI'I'RAISM PROCESS (CONTINUED) -II> ..~ The income approach was developed using information about lease rentals obtained through our survey of similar properties, which provided us with sufficient data with which to estimate economic rent. Because the subject office rents are within market range and leases for the other subject use are expected to be on a net basis for five years or longer, income and expenses are considered stabilized, Our market research data concerning expenses for properties similar to the subjects' with regard to physical characteristics and lease,type, supports the estimates of net operating income, Typical mortgage and equity rates in the market support our estimate of the capitalization rate, As a result, we consider the value indicators for the subject developed by the income approach to be both reliable and valid. ....., , Cost Approach The cost approach to value is based on the assumption that the reproduction cost of a building, plus land value, often sets the upper limit of value, A key assumption is that a newly constructed building has advantages over an existing building. Therefore, evaluation focuses upon disadvantages or deficiencies (depreciation) of the existing improvements compared to a new facility, The cost approach is most valid when applied to newer structures for which minimal depreciation has occurred. Plans, specifications, and a qualified construction,cost estimate for the subject improvements were not available, making an accurate estimate of reproduction cost new (RCN) difficult. The subject improvements' ages range from new to 29 years, rendering unreliable an estimate of accrued depreciation. For those reasons, an estimate of value by the cost approach would be speculative and unreliable, and was not developed, ",,f Influences on Value In developing the approaches to value, many factors, positive and negative, have been considered. Positive influences include: . Location close to major transportation routes . Access to US Highway 11/15 (Camp Hill Bypass), a major route, via North 2151 Street a major feeder route . Excellent visibility from all directions . Central location in an area with a growing economy and low unemployment Negative influences include: . Difficult egress due to traffic back,ups on North 21'1 Street at the US 11/15 intersection . Limited parking at the site '. <- ~ .... .... hirsh ... valuation group ~ ~ ~ ~ ~ ~ ~ ~ = = ~ ~ ~ ~ i~ ~ oel 2! U ~ U U U 411 SALES COMPARISON ApPROACH The sales comparison approach is a process of comparing market data, that is, the prices paid for similar properties, prices asked by owners, offers made by prospective purchasers willing to buy, and rents and leases, ,,,,, In applying the sales comparison approach, various appraisal principles are applied, ensuring that all relevant issues have been included in the analysis, The principles of primary importance are supply and demand, balance, substitution, and externalaties, Additionally, a fundamental premise of the sales comparison approach is the concept, that from analysis of sales of reasonably similar properties, an appraiser has a factual basis upon which to estimate the value of his subject. Proper application of the sales comparison approach requires that: · Only market transactions be weighed, and the data of each transaction be confirmed to the greatest extent possible. . The degree of comparability of each sale to the subject be considered, · The value conclusion be consistent with the analysis of the sales data. Sales Comparison Approach: Estimating value by comparing to the subject similar properties sold in the same market and adjusting the sale prices for differences. ~. ,.. A definition of market value is 'the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus.' For a conveyance to qualify as a 'market transaction,' four factors must be present: 1, The conveyance must be 'arm's length'-that is, it must either be between two non,related parties or between related parties who have negotiated a price at a level that, if the buyer were the seller, the price he is paying is also the price he would accept for the property; and conversely, if the seller were the buyer the price he is accepting is also the price he would pay for the property. To this extent, a conveyance resulting from a buy,sell agreement, right of - ... .. 728PAcrAAMH hirsh .. valuation group SALES COMPARISON ApPROACH (CONTINUED) -19 , .~ first refusal agreement, or lease/purchase optional agreement could be arm's length even though the buyer and seller are not entirely non, related, 2, Neither the buyer nor seller would have been under compulsion to act. 3, The property should be available on the open market to the class of purchasers best able to utilize the facility, 4, The price must be expressed in the equivalent of cash, adjusted for any special financing, concessions, or terms. The degree of comparability that exists between a sale and the subject is often a function of the volume of sales activity in a market. For any class of real estate, if sales are infrequent, the market area must be expanded in scope of time and or geography to whatever extent is necessary to accumulate sufficient data on which to base a judgment. To judge the degree of comparability between a sale and the subject. several guidelines can be applied. . The sale should be in the same market as the subject. To the extent that a market is a meeting place for buyers and sellers of real estate of a given type, the boundaries of the market are set by the partiCipants in merchandising and absorbing competitive properties. The boundaries of a market area are consequently economic in character and not purely physical or geographic. . Physical characteristics of the sale and subject should be as similar as pOSSible in terms of size and amenities customarily found within the applicable class of real estate, . Real estate price trends over time must be taken into consideration, . The functional adequacy of the sale property and the subject should be competitive in terms of the ability of each to support similar functions. Sales of similar properties in the region were researched and compared to the subject property and its characteristics, Facts pertaining to the comparable sales were verified with principals and/or brokers involved in the transaction whenever possible. For features which are dissimilar between the sales and the subject, adjustments are made leading to an indication of the price at which the property being appraised could be expected to sell. 3 ~ - '" ... J Note: Downward adjustment indicates superiorily of comparable propeny. Upward adjustment indicates inferiority of comparable propeny, Typically, smaller sites and/or improvements will command higher per-unil prices, .. I lIIi hirsh valuation group SALES COMPARISON ApPROACH (CONTINUED) 50 ., In making adjustments, all relevant factors are considered including: . Property rights conveyed. . Cash equivalency of the price attributable to the real estate, . Time considerations, . Neighborhood characteristics, . Functional adequacy of the site, . Current zoning and zoning regulations, . Age, condition, and quality of the improvements. . Functional adequacy of the building and layout. In developing the sales comparison approach, we have applied various appraisal principles ensuring that all relevant issues have been included in the analysis, These principles of primary importance are supply and demand, balance, substitution, and externalties. We have considered the date of sale, location, site characteristics and conditions of sale in arriving at adjustment conclusions and in estimating the value of the subject property by the sales comparison approach, The subject property is being appraised for the market value of the fee simple interest at its highest and best use, as improved, as a mixed.use office and commercial center, The subject property is a 10,37'acre site improved with two office buildings, a service station, a fast-food restaurant, and a strip shopping center comprised of three semi,detached buildings occupied by a supermarket, a drug store, and a restaurant. In order to estimate the value of the subject ad described above, each of the uses is considered to occupy a part of the site as described in the subject property leases as available parking area, We researched sales of similar properties judged to be comparable to the subject uses. The only unit of comparison that could be developed from the sales data was sale price per square foot of building including land, except for shopping center sales, for which gross income multipliers (GIM) and overall capitalization rates (OAR) could be developed. Variations in unit rates are due to the variations in site sizes and physical characteristics, improvements size, construction and condition, and location, visibility and access, The unit sale prices for the sales researched were compared to the subject properties and adjusted for the usual elements of comparison, Summaries of the sales researched are shown in the section; however, the individual sale pages are contained in the addenda of this report, Adjustments to the sales are not discussed on the individual sale pages, but are discussed along with the summaries in this section. ~ , ~ I i ! I ... j I I I I I I _ I I .~ - - ... "'" hirsh . valuation group .... -. .... .... ... I .. \ .. 1 III SALES COMPARISON ApPROACH (CONTINUED) 51 Office Building Sales Office building sales researched were located in Cumberland, Dauphin, Lancaster and York counties, The sale prices range between $31.95/SF of building including land and $76.92/SF, The Plaza 21 land.to.building ratio is 1.53:1, and the American Office Center's is 1.85:1, lower than most of the sales' ratios, Following is a summary of the sales researched: SUMMARY OF OFFICE BUILDING SALES I D' Location Sale Price Sale Bldg UB Sale Dale Acreage SF Ratio $ISF 69954750 Delbrook Rd, Hampden S1,200,OOO Feb-97 2,00 17,544 4,96:1 S68.40 Twp, Cumberland Co 6603 2080 linglestown Rd, SI,300,OOO Jul.96 1.32 20,064 2,87:1 S64,79 Susquehanna Twp, Dauphin Co 6192801 East Park Dr,Lower Paxton S1,050,OOO Apr.96 2.20 18,291 5.24:1 SS7.41 Twp, Dauphin Co 5010415 Fallowfield Rd, Hampden S1,200,OOO Feb-96 0.37 28,560 3.08:1 S42.02 Twp, Cumberland Co o~'401O 415 Fallowfield Rd, Hampden S2,OOO,OOO Feb-96 0.37 28,560 3.08:1 S70.03 ~~e. Twp, Cumberland Co 4547600 N 121h 5t,lemoyne Bor, S1,350,OOO Oct.95 0.79 17,550 1,96:1 S76.92 . Cumberland Co 4432 600 Wilson Rd, Upper Allen S1,250,OOO Oct.95 2,24 19,044 5.12:1 S65,64 Twp, Cumberland Co 37081149 Harrisburg Pk, Middlesex S2,OOO,OOO Nov-94 14.88 39,313 16,36:1 SSO.87 Twp, Cumberland Co 35561650 Manheim Pk, Manheim S1,400,OOO Nov.94 3,66 43,824 3.64:1 S31.9S Bor, Lancaster Co 33443314 Market 51, Camp HiII80r, S1,100,OOO Aug-94 1.48 25,092 2.57:1 S43,84 Cumberland Co 3557 2S56 Kingston Rd, York, York S2,250,OOO Jul.94 4.63 S4,367 3,70:1 S41,39 Co Sale no, 3557 ($41.39/SF) is most like Plaza 21 in size, and sale no, 3556 ($31.95/SF) is most like American Office ~--nOl",ci8u"';;;;cs"'IP"a~.--m_. Center, Sale no. 3557 is adjusted down for its 190,00 $80.00 ..--,-."'.-.----...--'- ,-,-~--...-,-_. superior quality, and up for its less favorable 170,00 ----., -,--~ .. location and rent rates at the time of sale. ::::~ Overall it indicates a higher unit rate for the :;g:~ sub)' ects, 110,00 $10.00 $0.00 Sale no, 4547 ($76.92/SF) is most like the subject properties in land,to,building ratio. It is adjusted down for its smaller building size. 1 2 1 4 S 6 7 8 I) ID It Silef'ropen1el hirsh valuation group SALES COMPARISON ApPROACH (CONTINUED) 52 -., Overall it indicates a lower unit rate for the subjects. Based on the sales researched, and on the preceding analysis, we think the appropriate unit rate for the subjects lies between the adjusted rates for the sales cited, Therefore, we estimate unit rates for the subjects of $46/SF for Plaza 21 and $55/SF for American Office Center. Applied to the subjects, the unit rates indicate values as follows: Plaza 21 $46/SF x 63,010 SF = $2,898,460 American Office Center $55/SF x 46,638 SF = $2,565,090 Service Station Sales The SUbject service station was built in 1967 and renovated in 1988, It is located in a prime location with favorable visibility and traffic count. Service station sales researched range in sale price/SF between $55,56 and $202,92, with most between $91 and $117/SF, Following is a summary of the sales researched: SUMMARY OF SERVICE STATION SALES Sale Sale Bldg UB Sale JO, Location Price Date Acreage SF Ratio $ISF 6009 248 5 Progress Ave, S300,OOO Oct.96 0.25 4,030 2.68:1 S74.44 Susquehanna Twp, Dauphin Co 6015 560 W High St, Carlisle Bor, S260,OOO Sep-96 2,218 S117.22 Cumberland Co 51994300 Derry St, Swatara Twp, S225,OOO Apr-96 0.S8 1,606 15.73:1 S140.10 Dauphin Co 5071 Paxton St, Swatara Twp, S453,696 )an-96 1,70 4,941 14.99:1 S91.82 Dauphin Co 8046 1-83 Exit 13, Newberry Twp, S175,OOO Sep-9S 0.45 1,798 10,90,1 S97,33 York Co 4667 Prospect & Haines Rd, S398,OOO Jan-95 1.09 2,668 4,90,1 S149.18 - Springettsbury Twp, York Co 3704 620 Enola Rd, East Pennsboro S80,OOO Nov-94 1,440 SSS.56 Twp, Cumberland Co .- 4995 102 lewisberry Rd, Fairview S210,OOO Sep-94 0.66 3,456 8.27:1 S60.76 Twp, York Co 2083 1101 Carlisle Rd, lower Allen S200,OOO Jul-93 0.39 1,724 9.85:1 S116,01 - Twp, Cumberland Co 3232 5S23 Carlisle Pk, Hampden S250,OOO Feb-93 0.34 1,232 12.02:1 S202.92 Twp, Cumberland Co ... Sales no, 8046 ($97,33/SF) and 2083 ($116,Ol/SF) are most like the I subject building size, Sale no, 8046 is adjusted up for its lower land, to. -- building ratio. Sale no. 2083 is adjusted up for its lower land,to,building ratio, ... ! hirsh .. valuation group n ..., SALES COMPARISON ApPROACH (CONTINUED) S.. SUMMARY Of fAST FOOD RESTAURANT SALES Sale Sale Bldg UB Sale 10. Location Priee Dale Acreage SF Ratio S/Sf 6941 921 Markel Street. Lemovne 52S0.000 Dec-96 2,169 511S.26 Bar, Cumberland Co 6938 4230 Trlndle Rd. Hampden 5747.142 Dec-96 2.861 S261,1S Twp, Cumberland Co 5695 20 N J2nd 51, Camp HIli Bar. 5340.000 Aug-96 808 5420,79 Cumberland Co 4121 2001 N 6th 51. Harrisburg. 51 SO.OOO MaV.95 0048 2.461 8,55:1 560,9S Dauphin Co 4124 1314 Market St, Harrisburg, 5130.000 MaV-95 2.000 565,00 Dauphin Co 41 S4 331 N Enola Dr, East Pennsboro 522S.000 Mav.95 2,166 5103.88 Twp, Cumberland Co 2647 100 N Progress Ave, 5S2S.000 Apr-94 0.90 2.SS6 lS.32:1 520SAO Susquehanna Twp. Dauphin Co 3825 Hershevpark Dr, Derry Twp, 5300,000 Feb-95 O.SO 3.116 7.02:1 596.28 Dauphin Co 13363421 Simpson Ferry Rd. 5B31,792 Sep-94 S.876 5141.S6 Hampden Twp. Cumberland Co ., l I ..., I , "1 ., I " , .1 '-, J , , Sales no. 6938 ($261.15/SF) and 2647 ___________________ ($205.40/SF) are most like the subject in FAST-fOOD RESTAURANT SALE PRICEJ5F building size, Sale no. 6938 is a 1500.00 MacDonald's restaurant, adjusted down 5.00,00 due to its more favorable accessibility, 5300,00 Sale no. 2647 is a Wendy's, adjusted down 5200,00 for its larger site size, 5'00,00 50,00 Sale no, 4154 ($103,88/SF), a KFC ' 2 3 . 5 6 7 8 9 restaurant, is closest in proximity to the S,I. Ptoponl.. subject. It is adjusted up for its less -'. -- --------.--- favorable location relative to major thoroughfares, Based on the sales researched, and on our analysis, the appropriate unit rate for the subject is judged to lie between the adjusted unit rates for the sales cited, Thus, the unit rate estimated for the subject is $110/SF, Applied to the subject, the unit rate indicates a value of $295,350 ($110/SF x 2685 SF), ..,J ,.J ,.j ... ow .... ... ... Shopping Center Sales The subject is a strip Shopping center containing three semi,detached buildings occupied by a supermarket, a drug store, and a restaurant. The ... hirsh .. valuation group SALES COMPARISON ApPROACH (CONTINUED) 55 ~ supermarket and drug store buildings are older construction, while the restaurant is less than 3 years old, Sales researched, with two exceptions, are in the subject region, Sales range in sale price/SF between $29,87/SF and $86,36/SF. Following is a summary of the sale researched: SUMMARY OF SHOPPING CENTER SALES .... ~ ". Sale Sale Sale ID. Location Price Date Size GIM OAR S1SF 6588 Silver Springs Commons, 520.7S0.000 lul-96 267,809 N/A N/A 577.48 Cumberland Co. PA 6589 Union Square, Dauphin Co, PA 516.000.000 Nov-96 291,504 N/A N/A 554,89 6582 Dlllsburg Shopping Center. York 5S,700,000 Oct.96 66,000 N/A N/A 586.]6 Co.PA 6423 Food lion Shopping Center. 52.800.000 Jul-96 38,600 8,9 9.6" 572.54 York Co, PA 6422 Maple Village II. York Co. PA 51,280.000 Jun-96 18.820 6.7 10.1 " 568.01 8047 Shops at Prospect, Lancaster Co, 5],SSO,OOO Aug-95 63.000 0.0 11.8" 556.]5 PA 8048 Orchard Plaza, Lucas Co. OH 51,8S0.000 Jun-95 61.930 6.2 11.8" $29,87 8049 Village Shops at Voorhees. 54,87S.000 Jul-94 79,900 6.6 11.9" Sf,1.01 Camden CO, NJ 5657 Shiloh Shopping Center. York 52,200.000 5ep-93 25.681 N/A N/A 585.1.7 Co.PA .... , .., '1 -1 , , , '''.0 ...,"~ Sales no. 8047 ($56,35/SF; 11.8% OAR) and 6582 ($86.36/SF) are more like 5100,00 the SUbject in size, Sale no. 6582 is close in proximity to the SUbject, but details of the sale transaction could not be confirmed. Sale no, 6423 ($72,54/SF; 8,9 GIM; 9,6% OAR)is most like the subject in terms of tenant mix, but is smaller with regard to building size, Sale no, 8047 ($56.35/SF; 11.8% OAR) is considered similar to the subject and not adjusted. Sale no. 6423 ($72,54/SF; 8,9 GIM; 9,6% OAR) is adjusted down due to the smaller improvement size and to its recent construction. Based on the sales researched and on our analysis, we think the appropriate unit rate for the subject lies near the adjusted unit rates for sales no, 8047 and 6423. Consequently, the unit rates estimated for the subject are $55.00/SF of building including land, and 10,5% OAR, (The OAR Is similar to the one estimated in the income approach. and supports that conclusion.) Sttll'FHl ceIltR SALE ~8f ... $8000 $8000 .~ S4000 520 00 $000 '234&0711 ~. SlIo~_ - .... .. ... hirsh .. vnlulltlon group ~ ft I I I n I = = = ~ c ~ ~ ~ ~ u u u I j e !i! . INCOME ApPROACH (CONTINUED) 58 . Net Operating Income (NOI) will be developed by estimating operating expenses and deducting this estimate from effective gross income, . Capitalization of net operating income will be done by the division of the net operating income by a rate selected through the band of investment method to arrive at a conclusion of value by the income capitalization approach, It was determined that the highest and best use of the subject property is as improved and as currently used. as a mixed, use site with two office facilities, a fast,food restaurant. a service station, and a retail strip,center facility, Although the subject has a substantial operating history. we were not furnished with Income and expense data for the SUbject property operations, The subject site is leased by Prosperity Development Co,. Lessor, FOllowing is a summary of ground leases: SUMMARY OF PROSPERITY DEVELOPMENT CORPORATION LEASES 51 lMt .... .... , No. Opt. TtNnI luMd Comm. '""" lMT. ,... Opt. 'tnn II 'a WIk MIoIUtt, Inc: nDle "lflU afllm J s"" ,"''" 1.....~...toWnt. t"'"' '"'"' tftW t...... ....... ....... .... ....., sa",,) n,n ~ -... " -, '. , .. Wth MMld.. he nol26..U/,S ..,- IS", I_ I""" I",", 1- Ilun Slol7 T1vtftCld.tnbDnc.lnc 14.000 v,,.. Illlm IHmo!1 17 .... ,..... tntOf l~ ,_ I.... t.49.geO UJ7 Inww.. J~',"Inc. ""no 9I11.'9S ......, INoCf>ll , n... I..... Ift\OI'l",... I",", 1lCpIft. .50.000 SlU9 Wnfy'. Old'MIcned HMnbufpn of New yon. ''''' J7J6S lnY1'l 7/14M I~JI .. , .... 1- 1"""lnIft' I..... ....000 '1.-47 Thon'IIILI~", 11.46111MJ IlnOOJ I 10,' I..... I",", Iftw 1_ Sl1.74ft 50," raw 21 INtty AMocYtft 96.877 111m "JOI1J I..... I..... I..... 126.61l IOJ' PtM21A11Dda1IM a6,"U fJ1W<l 1fI41... INdP"1 I_ I""" I,"", 1- SH.DOO 5OJ. NOIt I: Contlllll'ftl rt'ftIof 2.S\' d N1 rNll,*, In.U1'U of 11.999.100 ~II). NOlt1: I..", conlainlkhfdulf'dinc",.tn. NOlt): PM,"",,"" of ,... aI poIl...Ift In hem Dl MOO.ooo. Nolf4: bf'It It p...of UUXXl Of ,.. oIpo1l11'f'8. ., -~ .... .... The two office buildings on the subject site are owned by Plaza 21 Realty Associates and Penn 21 Associates as ground lessees, A summary of building, tenant leases is shown on the following page, ~ ~ - ... .. hirsh .. valuation group ~ 11 a 8 ... aa "l 8 a ~ '" III "l " .. N ... ..'" '" .,; '" ..; .. .. ..., :;; :;; :;; -.. :;; :;; :;; :;; :;; :;; .. ~ ~ ... ~5l I!i! '" 5l '" '" ~ 1] en ... ~ ... "l ...... ~ i ~ 0). :0 :!! u; ~c! ... en ... ~ ... :x :;; :;; ... :;; .. .. .. .. i j j j j ~ j j j j j .!l .! ] ~ ~ ~ ] ] ~ ~ ] ] .!l ~ ~ ~ ~ ~ , j. I I ~ ., ~ 1~I~i .!l~.!l ..., j .,; ~.,; j j j j j j , .!l .!l Ii ~~~ ~ llJ !< j j j j ~ ~ j ~ ~ j j Q ~ .!l ~ ..., ~ ~ ~ ... .~ < 3 ~ ~ ~ ~ ~~~ ~ j j ~ j III ~ l:l .!l .!l ~ .!l~- .!l .!l ~ ~ I a. !! ~ ~ ~ ~ ~ a. '" ,..J < - N '" '" '" ... l! 0 ... - - - ~ .~ ;;; ;;; ;;; ;;; ;;; ;;;. l!l :0 en ... ... ~ ~ ~ ~ ~ ~ ! l ... " '" II II II ~ 0; ~ ~ ~ ~ ~ ;J I j i~ i~ ~~ =- N N =- =- ~ ~ ... ~ ~ ~ ~ ! ! ~ 1 ~ ~tJ II II II II Z ~ ~ ~ ~ dll - ~ " ~" " ... ... ... ~ Q Jj ~ ~ ~ ~ ~ E! ... -~ ~ .... s ~ ~ ~E! S S :3 s; s; ~ ~.9/ - - ca - '11 Q.l llJ JJ ~ ~ '" ... '" '" ... ~ $ ~ ~ oj; 8 I.J ~ ~~ ~ !!; ~ .:- ~ it ;;j iii iii 5~ 5i ;:: ai ;:: ;;j 51]~ ... 0 en ... .....F "'0 "' '" 0 0 ~ ~.~ 11 Ill] en en" - '" ... " ... ... b '" cq f'I! . "!.. '" "l ~ ~ g '" S!" ... .a '" ... N '" C5 ~ 8 - llJ ~!Il - 'll ca .. .,; .,; ::J 8 ~ Jj .::l .::l \.l III i 'ij z .1 j j ..,,: j iJ i , tI - ... .~ lJ 0 1~~ tI ~ e ~ ~ ~ !< ~ ~ ,~ " E ~~ ~ ~ -'" I ..~~ .~ '~ 0 c .~ Ii i ~ I ~ :g .Jj , < p ~ ~.!! ~ t .~ j j ~~ ... ~ - <i! Ji Ii ~ ~ N .. .,. 2 < <= ~ I.:.:,:.;,;; ~ ..2 l' l' -:; i3 j j H ~ - ~ III iil ::J H ~ ~ ~ '..'ill I '1: G.i III CLi I 3'.i1 .- II II II III ~zzz I .. hirsh ,.j valuation group Economic Rent In order to determine whether the subject contract rents are within market ranges, economic rent must be estimated. The subject uses are considered capable of commanding lease rents similar to those of other similar permissible commercial uses, Therefore, we have researched leases for facilities considered comparable to the subject in order to estimate the potential gross income for the subject. The leases researched include office leases, restaurant leases, fast.food restaurant leases, shopping center leases, and service station leases, Adjustments to the leased properties were made for location, size of improvement, land.to,building ratio, lease term, and physical characteristics of the improvement. Office Leases According to an analysis of the Harrisburg Area West Shore Office Market by Landmark Commercial Realty,4 class B+ office space 1996 year,end asking rents were in the range of $14,75/SF/annually, and class B asking rents were $12.50, The 4th Quarter '96 class B+ occupancy rate (the inverse of vacancy rate) was estimated at 93%, while the class B rate was estimated to be 94%, The Plaza 21 Office Building is considered to be class B, and the American Office Center is considered class B+ space, While the subject office lease rents appear to be within the market ranges indicated in the Landmark analysis, we researched recent leases for office space in the subject vicinity for further support. Following is a summary of the leases researched: -, .~ INCOME ArrROACH (CONTINUED) 60 WIST SHORE OFFICI MARKET 1996 Yr.,..(nd Mkinl !tenl, ~'I 0:: So.oo $5,00 SIO.OO $15.00 $2000 Grms Rl!!nllblrV5F/Ann~lly (Sourer: lWlNl'k Commrrml RriltyJ MST SHORE ()f'Fla MARKET 4th-Quutrr 1996 OccuIW'lCY R.al" ~^I 0:: ..... 60... ..... 100'10 ToWAvii~IfS~B"of TWllnvrttory lSour~: LMldnwk Cornmtrdal Rf'~ryl , Thomas T, Posavec. 1996 Y~ar-End OjJic~ Mark~1 Analysis. Landmark Commercial Realty. The glossary delines Class B+ as .newer buildings or facilities that have received substantial upgrades;" and Class B as .older buildings that have received some renovations and upgraded from Class C facilities ant anract mid-tier rental rates, " ... .. .. hirsh valuation group INCOME ApPROACH (CONTINUED) 62 - Service Stat/on Leases The subject service station was built in 1967 and renovated in 1988, Its location Is considered to be prime; however, the favorable location Is diminished somewhat due to the traffic backups on 21'1 Street at the Camp Hill Bypass intersection left,turn signal, We researched leases for service, station properties In the subject region, although few were found, Following is a summary of the leases researched: SUMMARY OF COMMERCIAL LEASES (Service Station) '. Rent! Commence Lease Leased Term SFlYr ID. Location Date Type Area (SF) Yrs!Mo (Avg.) 542 1120 5 St. Johns Rd, Lower Jul-95 Net 1,500 3/0 $8.00 Allen Twp, Cumberland Co 492 1901 Spring Rd, N Middleton Jun-95 Net 4,024 210 $2,98 Twp, Cumberland Co 274 4624 Jonestown Rd, Lower Mar-94 Net 7,530 10/0 $7.00 Paxton Twp, Dauphin Co 9999 Carlisle Rd & Palomino Rd. Oct-92 Net 2,940 15/0 $13.88 Dover Twp, York Co '".., .., The range of lease rents for the properties researched is $2.98/SF annually to $13,88/SF, Lease comparable no, 492 ($2,98/SF) is restricted from selling gasoline. Lease comparable no, 9999 includes a mini, market. The other two comparables are primarily repair garages. The subject location is considered to be superior to the comparables'. Lease . ,u"', "., . comparable no. 542 is most like the subject S!RVlUSTATIllN RINTSUMMARY in building size, and has a similar land,to, $1S00 building ratio, Based on the leases researched $1noo and the preceding analysis, we estimate that 55,00 the subject service station property could command a net rent of $15,OO/SF of building 1000 including land. Fas~FoodRestaurantLeases , ] . ~. lpNd Propertip, ",.. od A part of the subject site. approximately 0.65 acres, or 27,265 SF, is ground, leased to Wendy's Old Fashioned Hamburgers, which owns the improvement, a 2,685,SF fast,food restaurant building, In order to estimate the market value of the fee simple interest by the income approach, it is necessary to estimate a market lease rent for the subject land and improvement. We researched leases for fast.food restaurants in the subject region: however, data for only three such leases was available. The rents for the three properties researched are $9.52/SF annually. $24.29, and $10,32. Lease ... ... ... i ../ hirsh valuation group INCOME API'ROAClI (CONTINUED) (,3 ~, comparable no, 632 ($9.52/SF) is a former Hardee's; no 864 ($24,29/SF) is a MacDonald's, and no. 538 ($10.32/SF) is a pizza restaurant. Compared to the subject, lease no. 632 site is much larger, the improvement is similar in size, and the location is less favorable, Lease comparable no, 864 is larger than the subject in site size, similar in improvement size, and in a similarly favorable location, although with better accessibility, Lease comparable no, 538 is smaller than the subject in site and improvement size, and is in a less favorable location. Following is a summary of the leases researched: SUMMARY OF COMMERCIAL LEASES (Fast Food Restaurant) Rent! Commence Lease Leased Term SFlYr IDII Location Date Type Area (Sf) YrslMo (Avg.) 632 2501 Old Gettysburg Rd. May.95 Nel 3.150 5/0 $9.52 Lower Allen Twp. Cumberland Co '-. 864 Shadow Oaks Drive. Silver Jan-95 Nel 2,435 20/0 $24.29 Spring Twp. Cumberland Co 538 3400-3402 Walnut St. Jan-95 Nel 1.860 5/4 $10.32 .... Susquehanna Twp, Dauphin Co Accordingly, the subject is considered capable of commanding a rental rate that lies between the adjusted rates of the lease com parables cited, Based on the preceding analysis, we estimate Wendy's rent at $15,OO/SF net annually, fAST-fOOD R(STAURANT RENT SUMMARY $10_00 SUDO S20.00 115.00 SIO.OO S5.00 so.OO ",., 2 J ',-'1 Shopping Center Leases '....d Propon'" According to information contained in -"-"--~'-'-- the sUbject leases, the Plaza 21 shopping center site contains 245 parking spaces. That part of the total site is the basis for estimating the market value of the fee simple interest for the shopping center, which consists of three semi,detached commercial improvements occupied by Weis Markets, Eckerd Drugs (formerly Thrift Drug), and J, C, Dunphy's Pub. In order to estimate market rents for the shopping center improvements, we researched commercial leases for retail and shopping center space, including restaurant space and supermarket space, Lease information for space occupied by drug stores could not be found. Typically, lease rents for space like the subject are net, for terms of three years and more, A summary of the supermarket leases researched is contained on the following page. ..., .... ... - ... hirsh .. valuation group INCOME ApPROACH (CONTINUED) 6" SUMMARY OF COMMERCIAL LEASES (Supermarket) Rentl Commence Lease Leased Term SFNr ID' Location Date Type Area (Sf) YnlMo (Avg.) 1108 Main St, Lower Safford Twp, Mar.97 N/A 42,902 20/0 $12.50 Montgomery Co 1125 US 422 & Walnul St, Limerick Jul-95 N/A 40,000 20/0 $11.25 Twp, Montgomery Co 1127 PA Rtl00 & Shoemaker Rd, jun-95 N/A 45,000 20/0 $8.50 POllstown Bor, Montgomery Co 1097 Penn Dr, N Whitemarsh Twp, Apr-95 Net 51,290 20/0 $9,50 -, Lehigh Co 1121 MacArthur Town Cenler, Jan.95 Net 49,000 20/0 $9,00 Whitehall Twp, Lehigh Co ,,"t 1116 PA 73 & Friedensburg Rd, Oley Aug-94 N/A 39,178 20/0 $8.50 , Twp, Berks Co 1130 PA 625, Kenhorst Bor, Berks Co Apr-94 N/A 45,000 2010 $7.50 "'", , 1124 S Mountain Plaza, Allentown, Feb-94 Net 40,000 100 $5.50 ,/ Lehigh Co .- .~ 9999 Silver Spring Commons, Silver 0/93 Net 53,800 N/A $11.40 , Spring Twp, Cumberland Co -. Following is a summary of leases for mixed,use retail space: SUMMARY OF COMMERCIAL LEASES (Retail Mixed Use) RentJ ..... Commence Lease Leased Term SFNr 10' Location Date Type Area (Sf) YrslMo (Avg,) 581 4713 Carlisle Pk, Hampden Sep-95 Net 1,574 3/7 $12,00 ,.. Twp, Cumberland Co 582 4713 Carlisle Pk, Hampden jun.95 Nel 3,500 5/0 $10,10 Twp, Cumberland Co -J 540 5517 Carlisle Pk, Hampden Jan-95 M, Gross 7,200 5/0 $8.00 Twp, Cumberland Co 536 4700 Carlisle Pk, Hampden jan.95 Nel 2.400 5/0 $12,50 - Twp, Cumberland Co 183 4407.F Carlisle Pk, Camp Hill, Mar-94 Nel 1,050 1/0 $10.28 Cumberland Co , 21 4713 Carlisle Pk, Hampden Jan-93 Nel 9,410 3/3 $4,45 ... Twp, Cumberland Co 219 4900 jonestown Rd, Lower May-94 Nel 10,000 3/0 $9,50 ... Paxton Twp, Dauphin Co .. I ~ hirsh valuation group INCOME ApPROACH (CONTINUED) 65 ...., Following is a summary of shopping center store leases researched: SUMMARY OF COMMERCIAL lEASES (Store/Shopping Center) -. -, " I 10# 939 location Meadowbrook Village, York, York Co 3401 Hartzdale Dr, lower Allen Twp, Cumberland Co 6108 Carlisle Pk, Hampden Twp, Cumberland Co 6110 Carlisle Pk, Hampden Twp, Cumberland Co 4713 Carlisle Pk, Hampden Twp, Cumberland Co Carpel Mart Plaza, Carlisle Pk. Mechanicsburg. Cumberland Co Commence Date Apr.97 Jan.96 Jul.95 Jun-95 Nov.93 Jan-93 lease Type Nel Nel Net Gross Net Net leased Area (Sf) 25,050 4,500 1,780 5,340 3.000 3,220 Term YrslMo 2010 5/0 5/0 5/0 5/0 3/0 Shown below is a summary of restaurant leases researched: SUMMARY OF COMMERCIAL lEASES (Restaurant) Supermarket Space The supermarket leases researched range in rent/SF annually from $5,50 to $12,50, Most of the lease rents are .- SUPfRMARKET RENT SUMMAIlY between $5,50 and $8.50 per SF. Lease comparable no, 1116 ($8.50/SF) is most similar in leased area to the subject supermarket space, The closest in proximity to the subject is lease comparable no, 9999, the Giant store at Silver Spring Commons in Cumberland County (Rent shown reflects the original negotiated rent. It is not known if that rent rate has changed since lease commencement), Silver Spring Commons is a substantially larger center than '. ,-,. .d ~. ~I ... ... tlI/ I iii , iii 610 534 535 392 111 ID# 551 location 435 Bridge 5t, New Cumberland 80r, Cumberland Co 4700 Carlisle Pk, Hampden Twp, Cumberland Co 391 Commence Date Aug-94 May.93 Lease Type Nel Net leased Area (Sf) 2,734 2,400 514.00 512.00 510.00 5B,OO 56,00 54,00 51,00 50,00 Term YrslMo 5/0 5/0 Rent! SFlYr (Avg.) $17,00 $8.00 $10.08 $10,00 $12.00 $9,00 Rent! SFlYr (Avg.) $7,83 $10.00 1 I 3 4 S 6 7 8 9 valuation group It''.r.ed Propenie\ hirsh INCOME AI'PROACH (CONTINUED) 6(, .~ the subject, and attracts customers from a greater distance due to the favorable highway routes and variety of businesses represented, Most of the properties researched are newer (and larger) improvements in newer centers, Parking at the subject is minimal in comparison to that at recently constructed strip and common shopping centers, and the accessibility is less favorable due to the traffic backups cited previously, Based on the leases researched and the preceding analysis, we think the contract rent for the subject space occupied by Weis Markets is below,market, and that the subject space could command a net rent of $7,OO/SF annually, Shopping Center Retail Space MIXED.USE RETAil RENT SUMMARY Mixed,use retail and shopping center "'.00 112,00 store leases researched show a range of 110.00 rents from $4.45/SF to $17,OO/SF 18.00 annually, most of them net (the subject :::: drug store space is leased on a gross 12.00 n ,- ~, - 10,00 basis, with a contingent rent of 2,5% of net retail sales in excess of $1,999,200 annually), The majority range between $8 and $10/SF, All are in Cumberland, Dauphin and York counties. Most of the lease comparable spaces are smaller than the subject space occupied by Eckerd 120,00 Drug. Smaller space tends to rent for a m.oo higher unit rate than larger space, The 110,00 lease comparables located on Carlisle Pike enjoy high viSibility and accessibility, although the volume of traffic can impede accessibility at times, As stated previously, parking at the subject is minimal in comparison to that at recently constructed strip and common shopping centers, and the accessibility is less favorable due to the traffic backups cited previously, Based on our analysis of the leases researched, we think the subject drug store space contract rent is below, market. and that the subject could command a net rent of $8.00/SF annually. 2 J . S 6 7 LeNd Proptrtit" - ---, SHOPPINGaNTERSTORES RENT SUMMARY 11,00 10,00 2 3 . 5 6 lei~d Propertie, ... Restaurant Space The subject space occupied by J,C, Dunphy's is newer space leased at a rent of $11.29/SF, net, except for building insurance, exterior maintenance, and snow removal. Only two restaurant leases were available. Lease .'" hirsh ... valuation group INCOME API'ROACH (CONTINUED) 67 - ..'--- RlSTAURANT R(NT SUMMARV 115.00 lIII '10.00 ' _ _. _, _, _. ____ _u :::" m_,,-=J I 2 lUK'd PrOPfrtll" Potential Gross Income Potential gross incomes for the subject component uses are estimated as shown at right. POTENTIAL GROSS INCOME (PGIl l.... comparable no. 551 ($7,83/SF net), is located in an older building in a less desirable location than the subject restaurant space, Lease comparable no, 391 ($10,OO/SF net) is in a favorable location, but is a converted convenience store, and was leased with rent concessions, The subject space is larger than that of both of the two lease comparables' space, providing greater seating capacity, but larger spaces typically command lower unit rates than those of smaller spaces, Based on our research and analysis of available information, we think that the subject restaurant rent is within a market range, Consequently, we estimate a net rent rate of $l1,OO/SF for the subject restaurant. The subject office building space could experience occupancy rates similar to the market rates as shown in the Landmark West Shore Office Market Analysis, Vacancy is the inverse of occupancy, Thus, the class B+ occupancy rate, 93%, is a 7% vacancy rate; and the class B occupancy rate of 94% is a 6% vacancy rate, Although the American Office Center is of higher quality than Plaza 21, based on the absorption of office space in the market, vacancy rates for both Plaza 21 and American Office Center are interpolated at 7% of PGI. No studies were available in the subject market that calculate vacancy rates for all types of leased commercial properties, We conducted a survey of retail space in 1997 (a copy of which is contained in the addenda) that showed West Shore retail occupancy at malls and shopping centers between 0% and 100%, with most in the range of from 75% to 95%. In the case of the service station, fast,food restaurant, and shopping center space, we think the subject properties could lease to single tenants for terms of from three to five years or more, with rent at flat or slightly graduated rates, on a triple, net Estimated Vacancy Rate h-.j ~I ~ U L ~ I U... Plolla 21 Office Bldg American OWn' Cenler Service Station Fast Food Rt>stauranl SlriplSupt"rmarkel StripIDruH Slorr Strip/RPsIJuro1nl TOlal Ate. 53,415 32.300 1.854 2.685 35.038 14,000 4,430 143.722 G8" 63,010 46.638 1.854 2.68S 35.897 14,000 5.597 169,681 Eean. Ront $14.00 $15.00 $ 15.00 Nfl $15.00 NeI $7.00 NeI $8.00 Ne' $11.00 Ne' PCI $747.810 $484.500 527.810 $40.275 $245.266 $112.000 $4B.730 $1.706.391 Type Gross Gross hirsh valuation group ~ INCOME ApPROAnl (CONTINUED) 611 basis. The subject spaces currently are 100% occupied, Based on our analysis, we estimate minimal vacancy, at 2% of PGI, Expenses In the case of the subject office building space, we have estimated expenses both on information obtained in prior appraisals and on discussions with knowledgeable real estate professionals, For both subject office buildings, due to the building ages, expenses are expected to be higher than for newer buildings constructed with energy conservation features, Total expenses for Plaza 21 are estimated at approximately $5,15/SF, while for American Office Center they are estimated at approximately $4,50/SF, These expenses include insurance, maintenance and repairs, security, utilities, janitorial (common areas), refuse disposal, snow removal, leasing fees (which would vary from year to year, and not apply in some years), management fees, and structural reserve, Real estate tax is loaded into the overall capitalization rate. As stated previously, the other properties could rent on a triple,net basis, Thus, expenses would include management, leasing fee, legal and accounting, and structural reserve, Real estate taxes would be paid by the lessee. Minimal leasing fees are estimated, as the TOTAL EXPENSES properties are leased for long terms, Management is estimated at 5% of EGI, leasing fee at 1% 51ripeenle, of EGI, legal and Tolal accounting at 1.5% of EGI, and structural reserve at $O,12/SF. Total Expenses are shown in the box above. Effective Gross Income Effective Gross Income is potential gross income less vacancy, as shown at right. ". , -. EFFECTIVE GROSS INCOME (EGI) UR ~I PI.ua 21 Office Bldg S747.810 American Office Center $484.500 Service Slalion S27.810 F..t Food R..lauranl S40.275 5lriplSupe,market S245.266 5lripIDrug 510re S 112,000 SlripIRestaurant $48.'130 TOlal SI.706.39\ VICAnCY 7"1. 7"1. 2"1. 2"1. 2"1. 2"1. 2"1. UR Plaza 21 Office Bldg American Office Cenler Service Stalion Fast Food Reslaurant '..,4 ... .... "" IN . Rot. S5.15 /SF S4.50 /SF 7.5"1. IlGI 7.5"1. IlGI 7.5"1. IlGI EGI S695.463 S450.585 S27,254 S39.470 S397.B76 Rot. SO.12 /SF SO.12 /SF SO.12 /SF hirsh EGI S695,463 S450.5B5 S27.254 $39.470 S240.361 S\09.760 S47,755 S1.610.648 E_ S324,3OO S209.7S9 $2.267 S3.2B2 S36,5OO S576,108 valuation group INCOME API'ROACH (CONTINUED) (,'I Net Operating Income Net operating income is effective gross income less expenses; so, for the subject it will be as shown at right. NET OPERATING INCOME u~ EGI Plaza 21 Offire BidS 5695..63 AmPriroln OfficI' Cpnlpf '''50.585 St>rvict" SIJlion S27.254 Fau Food Re"auranl 539..70 Slrip Cente, 5397.876 Total bpenlel ISJ2..3ool ($l09.759) (52.2671 (53,2B2) (536.500) NOI 5371.163 $l.0.826 $l..987 SJ6.188 5361,376 51.034,540 DIRECT CAPITALIZATION BY BAND OF INVESTMENT METHOD ___-A The SUbject income and expense operations, due to office lease rates within market range, and due to anticipated single,tenant long, term leases in the service station, fast.food restaurant and strip center properties, could be considered stabilized, The band of investment capitalization technique is being performed to determine the value of the subject property as stabilized. In order to convert net operating income into an indication of value which is reflective of market conditions, a capitalization rate must be used (Ro) which also is reflective of the market. This capitalization rate blends the rate necessary to service a typical mortgage (RM) with the rate required to attract equity investment (RE) at similar levels of risk, This blending method, known as the band of investment, combines these two components as a weighted average to form the overall rate of capitalization (Ro) by which net operating income will be capitalized, The first component to be developed in the band of investment technique is the mortgage component (RM), Despite recent tight credit policies for real. estate projects, a wide variety of lending sources remain, For projects like the subject, the typical sources would be commercial banks or possibly insurance companies, We will focus on those sources, A synopsis of current money rates extracted from the Wall Street Journal December 27, 1996, and reporting money rates for Prime Rat. December 26, 1996, is as shown in the box below, federa] Fund. MONEY RATES II oIl1ecom1Mr 2" '''' 6/94 12/94 6/95 12/95 6/96 12/96 7.25 B.SO 9.00 8.S0 8.50 8.25 -' 4.06 S.S6 6.06 S.38 S.19 5.00 ... The prime rate fluctuated Discount Ral. dramatically in the 1980's. In 3D-V,Treasury mid.1981 it reached an all. Soutee: Th. Wall Slree! /ooma/ time high of 21.1/2% and remained high for many months. It decreased equally dramatically in 1982, 3.50 4.75 5.25 S.2S 5.00 S.OO 7.39 8.14 6.60 5.98 6.66 6.5B ... lo!l 11II hirsh valuation group INCOME ApPROACH (CONTINUED) 70 ., with moderate fluctuations since. As noted previously, the prime rate fell below 10% on January 2, 1991, to a low of 6%, but rose in early 1994 for the first time in three years, to 6,25%, and to the present level of 8.25% after reaching a high of 9,00% earlier in 1995, An increase in the prime rate has a direct upward effect on mortgage interest rates, The other rates are more indicative of low,risk investment alternatives to real estate; and the discount rate is simply a barometer of bank borrowing from the Federal Reserve System, Inquiries with mortgage brokers and bank real estate lending officers, as well as a '~ review of !! national market indicatorsS, 5 indicate a range 4 of from 7,50% t.. 7 . 11 to IS 17 to 2t " .. 27 " 51 .. .. " 51 Months to 9,0% for real--H"'~'_"." .....,__._...__~ estate loans, with amortization of from 20 to 25 years, for terms of up to 20 years, as the range of available financing for the subject property, For commercial.property loans the average contract interest rate is 8.43%, with debt.service coverage ratios between 1.30 and 1.50, However, insurance companies finance a significant amount of income, producing real estate development and acquisition, In a survey of mortgage commitments on commercial properties for the second quarter, 1996, the average commercial loan contract interest rate was 8.43% for a term of eight years, nine months, and a debt coverage ratio of 1.50, (The range of debt coverage ratios in the survey for all property loans was from 1.32 to 1.51)6. In many cases the rate is tied to the prime rate, which currently is 8.25% at most major banks. Loan, to.value ratios range between 66.4% and 74,1%, depending on the degree of speculation involved in the project. Since the risk for this type of property most likely would be higher than for other properties, but the borrower would be strong, it is 'MONi, iAns-u"" '.m., ,:....:: Primo Rioi' . '. MmI Rfant 40 Montht : ___ Frd. Funck R.Jtt ; Source:ThrWMIStrttl}ourNl . --.-DhcountR.1tt i -+- Jo.Y, T'PA Bond~ ~ ,'_1'. "-> ui .T'~ . . -. . '~ .--,'. -.--~+-:~:;"~--~-~-.-'~-;~--~-'.-'.-~--'-I.~ ~ ~ -, -, -~ , , .~ -I .... FINANCING TERMS .... loan-to-Value Ratio ....................,............ 65'%. Interest Rate...................................,......8.25'to Amortization...................................... 20 years Term.........................,............,.... 5-10-10 years 1M ~ , Valua/ion Insights and Pmptctivts, Appraisallnslitute, Chicago: Summer, 1996, 46. 6/nvtslmtnl Bulltlin, American Council of Life Insurance, Washington, DC: Sept. 9, t996,4. III u hirsh valuation group INCOME APl'ROActt (CONTINUED) 71 ~ anticipated that terms near the middle.to,lower end of this range would be likely, Therefore, we have concluded that for the subject property the typical borrower could expect financing terms as shown in the box at right. With such terms an annual mortgage constant based on monthly payments of 0,1060453 is indicated. This constant (RM) then is multiplied by the loan.to, value ratio (,104139 x ,65%) to produce the mortgage component of the overall rate of 0,06769. The equity component of the overall rate represents the requirement both of return on and return of the cash investment in the property. This rate usually is estimated by consideration of a number of factors, including individual investor requirements, measurement of risk in the subject property, and return available from substitute investments, Due to growth expectations or competition for quality properties some types of property may even show zero or negative equity dividend rates, In the case of the subject property, risk is considered to be similar. to, lower than for other real estate investments, but certainly more than the low risk of government. backed securities or commercial paper, The treasury bond rate currently is at 6,58%, which should indicate a similar adjustment in equity dividend rate for the SUbject property, Conversely, the risk potential is significantly higher in real estate, which would indicate a higher equity dividend rate, National real estate investment criteria for the first quarter 1995 indicate a range of equity dividend rates between 6,25% and 13,00%, and an average of between 8,17% and 9,73%,7 The subject property investment, as a mixed,use site with two office buildings, a strip shopping center, a fast.food restaurant, and a service station, is expected to entail a somewhat higher investor risk than the average investment. Therefore, an equity dividend rate (RE) near the top of the range is indicated for the subject. We have estimated the appropriate equity dividend rate for the subject to be 9,75%, This rate, multiplied by the equity portion of the investment, is 0,034125 (.0975 x .35). The overall rate (Ro) then is calculated by the following formula: {R..,{~) }+{RE{I-(~)]} = Ro ...~ - .... ... ... Thus, (0.104139 x .65) + (0.0975 x .35) = Ro 0.06769 + 0.034125 = .1018, rounded to 10.2% I ... I .., hirsh valuation group .-. -, INCOME ApPROACH (CONTINUED) 73 ~ SUMMARY OF DIRECT CAPITALIZATION, BAND OF INVESTMENT Plaza 21 Olfice Building POTENTIAL GROSS INCOME (PGI) Gross Building Area 63.010 SF Net Leasable Area 53.415 SF S 14.00 $ 747.810 Total Potential Grosllncome Vacancy@ 7% of PGI EFFECTIVE GROSS INCOME (EGIl EXPENSES Total Expenses/SF $5,15 NET OPERATING INCOME (NOll Capitalization (Direct Capitalization Method) Where: R" - Mortsase Constant UV - Loan-ta-Value Rarlo Rr - Equity Dividend Rale I-(UV) - Equily Ro - Overall Rare $ 747,810 $ (52,34n $ 695,463 ($324,300) $ 371,163 - .., .., , .., I , . "" ".i {RM X(;)}+{RE X[I-(;)]}= Ro ,-". <-, ( 0,104139 x 0.65 ) + ( 0.0975 x 0.35 ) - Ro 0,06769 + 0,0341 0,101815 rounded to: 10,2% Net/I/come = Value CapilalizalionRale 10,2% Tax load: 1,3% $371,163 11,5% 11.5% - $3,237,065 "'1 -. ..... o.J ... ... ... I .. I J I .. hirsh valuation group INCOME ApPROACH (CONTINUED) 701 ~ SUMMARY OF DIRECT CAPITALIZATION, BAND OF INVESTMENT American Office Cenler POTENTIAL GROSS INCOME (PGI) Gross Building Area 46.638 SF Nelleasable Area 32.300 SF S 15.00 $ 484.500 Total Potential Gross Income Vacancy @ 7% of PGI EFFECTIVE GROSS INCOME (EGI) EXPENSES Total Expenses/SF $4.50 NET OPERATING INCOME (NOll Capitalization (Direct Capitalization Method) Where: R /of - Mortgage Constant UV - Loan-to-Value Ratio Rr - Equity Dividend Rare I-(LNJ - Equity R 0 - Overall Rate $ 484,500 $ (33.915) $ 450,585 ($209,759) $ 240,826 ~ ---, '.' {RM x (~)}+{Rc x [1-(~)]} = Ro ( 0,104139 x 0.65 + (0,0975 x 0,35 Ro 0.06769 + 0.0341 0,101815 rounded 10: 10,2% , , Netlncome , Value ~ Capila/izationRate I 10.2% .,J Tax load: 1.3% $240,826 11,5% 11.5% - $2,100,343 ... , ... ... "" I I III I .. hirsh valuation group ~ INCOME ApPROACH (CONTINUED) 75 SUMMARY OF DIRECT CAPITALIZATION, BAND OF INVESTMENT ..., Exxon Service Stalion POTENTIAL GROSS INCOME (PGI) Gross 8uildlng Area 1.854 SF S 15.00 $ 27,810 .., Total Potential Gross Income $ 27,810 Vacancy @ 2% of PGI $ (556) " EFFECTIVE GROSS INCOME (EGI) $ 27,254 EXPENSES Management @ S,O% of EGI $1,363 " Leasing Fee @ 1,0% of EGI $273 Legal & Accounting @ 1.5% of EGI $409 Structu ral Reserve @ $ 0,12 ISF of GBA $222 ..., Total Expenses/SF ($2,267) , NET OPERATING INCOME (NOI) $ 24,987 Capitalization (Dlred Capitalization Method) ., Where: , R" - Mortgage Conslanl ... UV - Loan-to-Va/ue Ralio ,., R I - Equity Dividend Rate I-(UV) - Equity R 0 - Overall Rale {RM X(~)}+{RE X[I-U)]}= Ro ( 0,104139 x 0.65 + ( 0,0975 x 0.35 ) - Ro 0.06769 + 0.0341 0.101815 rounded to: ..; 10,2% Netl1lcome Value ... Capitalizatio1lRate 10,2% Tax load: 1.3% $24,987 ~ 11.5% 11.5% $217,630 - .... ..,j ... . hirsh valuation group --, -. INCOME ApPROACH (CONTINUED) 76 SUMMARY OF DIRECT CAPITALIZATION, BAND OF INVESTMENT Wendy's POTENTIAL GROSS INCOME (PGI) Gross 8uildlng Area 2,685 SF S 15.00 $ 40.275 ..., Total Potential Grosllncome S 40,275 Vacancy @ 2% of PGI $ (8061 - EFFECTIVE GROSS INCOME (EGII S 39,470 EXPENSES Management @ 5.0% of EGI $1.973 -, leasing Fee @ 1,0% of EGI $395 legal & Accountlng@ 1,5% of EGI $592 Structural Reserve @ $ 0,12 /SF of GBA $322 ~ Total Expenses/SF ($3,2821 , " NET OPERATING INCOME (NOll $ 36,1 B7 Capitalization (Direct Capitalization Method) -, Where: R" - Mortgage Conslan! UV - Loan-lo-Va/ue Ratio -, R, - Equily Dividend Rate " I-(L/V) - Equi!y R 0 - Overall Rare . . {RM X(~)}+{RE X[I-(~)]}=Ro -' -- ( 0.104139 x 0.6S ) + ( 0.0975 x 0.35 Ro 0,06769 + 0.0341 0.101815 rounded 10: ~ 10,2% Nellncome = Value - CapilalizalionRale 10,2% Tax load: 1.3% $36,187 ... 5315,176 11.5% 11,5% ... ... ... ..J I .. hirsh valuation group .... ... INCOME ApPROACH (CONTINUED) 79 - Mortgage - - S - S - S (DSCR x Mlg. Constant) 1.3 x 0.104139 0.1353807 NOI I 1,034,539 I ( 1,034,539 I 7,641,702 - ""\ Cash Throw Off - - S - S - S . (Mlg. Constant x Mortgage) - ( 0.104139 x S 7,641,702 ) S 795,799 NOI 1,034,539 1,034,539 238.740 -\ Equity Value - Cash Throw Off I Equity Dividend Rate - S 238,740 I 0,0975 - S 2.448.613 -. I ~, , Market Value - Mortgage Value + Equity Value - S 7,641,702 + S 2.448,613 - S 10.090,315 , I .., , Indicated Value - $ 10,090,315 .. ,,~ Therefore, the market value of the property by DSCR analysis of the income approach is $10,090,315, rounded to: .. TEN MILLION ONE HUNDRED THOUSAND ($10,100,000) DOLLARS.. SUMMARY OF THE INCOME APPROACH ... '.... The values indicated by the income approach are as follows: Direct Capitalization (Mortgage-Equity Band of Investment) , $9,000,000 Direct Capitalization (Debt Service Coverage Ratio)............ $10,100,000 Direct capitalization by band of investment provides a reliable value indication when a history of income and expenses supports the conclusion that income and when expenses and vacancy are stabilized, Although operating history for the subject property is not available, comparable lease data is available with which to estimate lease,rates for the subject properties, The office building rents are within market range, and they have a substantial operating history, and are fully occupied, The other properties most probably would be leased to single tenants on long,term (three,to.five years or more) triple. net lease for market.rate flat rents or for slightly graduated rents based on inflation, and therefore would be considered stabilized, The debt service coverage ratio provides a lender's perspective of the income and supports the value estimate by direct capitalization, band of investment. .... .... ,.j ... ... , .J J h irsh valuation group ~ ~ ~ ft " n ~ n 0 ~ ~ ~ ~ ~ ~ u u , c ! l U , J I I U III .... .., COST ApPROACH .., . In order to estimate the value of the subject property by the Cost Approach, the following steps must be completed: 1. Estimate the value of the site as though vacant and available to be developed to its highest and best use. 2. Estimate the direct (hard) and indirect (soft) costs of the improvements as of the effective appraisal date. 3. Estimate an appropriate entrepreneurial incentive (profit) from analysis of the market. 4. Add estimated direct costs, indirect costs, and the entrepreneurial incentive (profit) to arrive at the total cost of the improvements. 5. Estimate the amount of accrued depreciation in the structure and, if necessary, allocate it among the three major categories: physical deterioration, functional obsolescence, and external obsolescence. 6. Deduct the estimated depreciation from the total cost of the improvements to derive an estimate of their depreciated cost. 7. Estimate the contributory value of any site improvements that have not already been considered. (Site improvements are often appraised at their contributory value, i.e., directly on a depreciated-cost basis.) 8. Add the site value to the total depreciated cost of all the improvements to arrive at the indicated value of the property. 9. Adjust the indicated value of the property for any personal property (e.g., fixtures, furniture, and equipment) that may be included in the cost estimate and, if necessary, adjust this value, which reflects the value of the fee simple interest, for the property interest being appraised to arrive at the indicated value of the specified interest in the property.9 Cost Approach: Estimating value by adding depreciated construction and site improve-ment costs to land value. - ; ,.., "j '~1 . . .-/ ,.4 ..,.. "o,J , .... .,,, ... - .. · 77r~ Appraisal of R~aI EsIQ1~. 11th edition. (Appraisallnslitule. Chicago: 1996).340. 728PACFAAMH I I .. hirsh valuation group ~ ~ ~ ~ " n ~ j d :J ~ J ~ J J J J U U I I - 11:1 ... ... VALUE CONCLUSION .... ., Value Estimate by the Sales Comparison Approach: ............. $9,000,000 Value Estimate by the Income Approach: .............................. $9,000,000 Value Estimate by the Cost Approach: ...............................................N/A Highest and best use of the sUbject property as improved, is as currently used, as a mixed.use office and commercial center. All of the applicable approaches to value have been considered in estimating and justifying a final value conclusion of the subject property both before and after the take. The subject properties have been compared in the sales comparison and income approaches to other market.area office and commercial facilities. Sales of similar properties were researched to derive an estimated market value by the sales comparison approach. Sufficient data was available from the shopping center sales to develop unit rates-gross income multiplier and overall rates-that reflect income. production characteristics of the sale properties. The unit rate developed in most cases was sale price per square foot of building including land, which reflects the differences in site size, improvement size, land-to. building ratio, construction type and quality and other physical characteristics of the sales. The unit rate developed normally is considered a reliable indicator of value for a properties like the subject, as is the case for the subject. However, because the improvements are income. producing, the income approach is considered a more valid indicator, without the development in the sales comparison approach of sufficient income.production.reflective unit rates. The income approach was developed by calculating a net operating income based on estimated gross income and expenses, and capitalizing that income based on the band of investment direct capitalization method to estimate value. The subject office rents are within market range, and the operations are stabilized. The other subject uses, if available for lease, could, because of the layout and design of the improvements, be leased to single tenants on long-term triple. net leases for a market rent, and thus are considered stabilized. The debt service coverage ratio method, primarily a lender's view of value, also was used. ~ ... - ... lOi 728PACFAAMH I . hirsh valuation group VALUE CONClUSION (CONTINUED) 114 ~ Data obtained in researching market rent, vacancy, and expenses, is considered reliable in most cases. The value estimate by direct capitalization, band of investment, as stabilized, is considered reliable; and the income approach therefore is a valid and reliable indicator of value for the subject property. Thus it is given slightly greater weight than the sales comparison approach in a final estimate of value for the SUbject. However, in the subject's case, the values concluded by both approaches are the same, lending support for both conclusions. The cost approach was not developed. We were not furnished with building plans, specifications, or construction cost estimates from a qualified professional, rendering difficult an accurate estimate of reproduction cost new (RCN). The cost approach is most reliable as applied to new or recently constructed improvements. The subject improvements are up to 29 years old, rendering unreliable estimates of accrued depreciation. For those reasons, an estimate of value by the cost approach would be speculative and unreliable. In summary, we consider the income approach to be more reliable as an indicator of value for the subject, with support from the sales comparison approach value conclusion, which is the same as for the income approach. Thus, the value is best represented by a reconciliation of the value estimates in the sales comparison approach and the income approach, with greater weight given to the income approach. After analyzing all the facts and circumstances pertinent to arriving at a value conclusion for the subject property, it is our opinion that the market value of the fee simple interest in the subject property, appraised at its highest and best use as improved, as a mixed.use office and commercial center, as of January 1, 1997. was: . .. NINE MILLION ($9,000,000) DOLLARS.. . .~ .-<lI ,.... "A .., ~ .,t OM ... ... I ... j iii hirsh valuation group ~ I , I l ~ ~ 1 J J 1 ...4 1 ..J ~" , J .~ I J .., J '1 , 0.1 I~ ~; ~ .1 oJ '1 ..J .... CERTI FICA liON - Laurence A. Hirsh, CRE, MAl, and Hirsh Valuation Group certify that, except as otherwise noted In this appraisal report: 1. The statements of fact contained In this report are true and correct. 2. The reported analyses, opinions and conclusions are limited only by the reported qualifying conditions and are our personal, professional analyses, opinions and conclusions. 3. We have no present or prospective Interest In the property that Is the subject of this report, and we have no personal Interest or bias with respect to the parties involved. 4. Our compensation is not contingent upon an action or event resulting from the analyses, opinions, or conclusions In, or the use of, this report. This appraisal assignment was not based on a requested minimum valuation, a specific valuation, or the approval of a loan. 5. Our analyses, opinions and conclusions were developed and this report has been prepared in conformity with the requirements of the Code of Professional Ethics and Standards of Professional Practice of The Appraisal Institute, and the use of this report is subject to the requirements of the Institute relating to review by its duly authorized representatives. 6. As of the date of this report, I, Laurence A. Hirsh, have completed the requirements under the continuing education program of the Appraisal Institute. 7. Our contractual arrangement with the client does not authorize the out.of.context quoting from or partial reprinting of this appraisal report. nor does it permit all or any part of this appraisal report to be disseminated to the general public by the use of media for public communication without our written consent. 8. I have made a personal inspection of the appraised property. 9. No one provided significant professional appraisal assistance to the appraisers signing this report. 10. The Americans with Disabilities Act (ADA) became effective January 26, 1992. The appraisers have not made a specific compliance survey and analysis of the property to determine whether or not it is in conformity with the various detailed requirements of the ADA. It is possible that a compliance survey of the property, together with a detailed analysis of the requirements of the ADA, could reveal that the property is not in compliance with one or more of the requirements of the Act. If so, this fact could have a negative effect upon the value of the property. Since the appraisers have no direct evidence relating to this issue. possible noncompliance with the requirements of ADA in estimating the value of the property has not been considered. .... .~ ''''' - .... May 22. 1998 ... 728PACF MMH hirsh ... valuation group Alan M. Harris certifies that, except as otherwise noted in this appraisal report: 1. The statements of fact contained in this report are true and correct. 2. The reported analyses, opinions and conclusions are limited only by the reported qualifying conditions and are our personal, professional analyses, opinions and conclusions. We have no present or prospective interest in the property that is the subject of this report. and we have no personal interest or bias with respect to the parties involved. Our compensation is not contingent upon an action or event resulting from the analyses, opinions. or conclusions in, or the use of, this report. This appraisal assignment was not based on a requested minimum valuation, a specific valuation, or the approval of a loan. Our analyses, opinions and conclusions were developed and this report has been prepared in conformity with the requirements of the Code of Professional Ethics and Standards of Professional Practice of The Appraisal Institute, and the use of this report is subject to the requirements of the Institute relating to review by its duly authorized representatives. Our contractual arrangement with the client does not authorize the out.of.context quoting from or partial reprinting of this appraisal report. nor does it permit all or any part of this appraisal report to be disseminated to the general public by the use of media for public communication without our written consent. I have made a personal inspection of the appraised property. No one provided significant professional appraisal assistance to the appraisers signing this report. The Americans with Disabilities Act (ADA) became effective January 26, 1992. The appraisers have not made a specific compliance survey and analysis of the property to determine whether or not it Is in conformity with the various detailed requirements of the ADA. It is possible that a compliance survey of the property, together with a detailed analysis of the requirements of the ADA, could reveal that the property is not in compliance with one or more of the requirements of the Act. If so, this fact could have a negative effect upon the value of the property. Since the appraisers have no direct evidence relating to this issue, possible noncompliance with the requirements of ADA in estimating the value of the property has not been considered. I!4J!!.~ - 3. .... 4. ""'! 5. .." -, ". 6. ., 7. 8. 9. .~ - - ... ... ... I lIIi 728PACfMMH I . CERTIFICATION May 22,1998 hirsh valuation group - .... STATEMENT OF LIMITING CONDITIONS ..... This appraisal is to be used in whole and not in part. No part of it shall be used in conjunction with any other appraisal. Neither all nor any part of the contents of this report shall be conveyed to the public through advertising, public relations, news, sales, or other media, without the written consent and approval of the authors, particularly as to valuation conclusions, the identity of the appraisers or firm, with which we are connected, or any other reference to the Appraisal Institute or to the MAl designation. Possession of this report, or a copy thereof. does not carry with it the right of publication. Nor may it be used for any purposes by any but the client, without the previous written consent of the appraisers or the client; and in any event, only with proper qualification. No responsibility is assumed by the appraisers for matters which are of legal nature, nor is any opinion on the title rendered. Good title is assumed. This property has been appraised as though free of liens and encumbrances, except as herein described. It has been assumed that the property will be efficiently managed and properly maintained. The appraisers herein. by reason of this report, are not required to give testimony in Court with reference to the property appraised, unless arrangements have been previously made. Unless otherwise noted, it is assumed there are no encroachments, zoning violations or restrictions existing that would affect the subject property. The current (as of the date of appraisal) purchasing power of the dollar is the basis for the value estimates; no extreme fluctuations in economic cycles are anticipated. The exhibits in this report are included to assist the reader in visualizing the property. The appraisers have made no survey of the property and assume no responsibility in connection with such matters. Information, estimates and opinions contained in this report, obtained from sources outside of this office. are considered reliable, however, no liability for them can be assumed by the appraisers. The value estimate is subject to these and to any other assumptions set forth in the body of this report. Unless otherwise noted in the body of this report. this appraisal assumes that the subject property does not fall within the areas where mandatory flood insurance is effective. It is assumed that there are no hidden or unapparent conditions of the property, subsoil. or structures, which would render it more or less valuable. No .... .., ..,~ , . .. ., ., .,..11 ,.. - - ... ... 72BPACFAAMH hirsh . valuation group ~ ~ 8 ! ~ n c ~ ~ C ~ ~ ~ U U U U g~ ~" ;~ ~ . H . I ~ Laurence A. Hirsh, CRE. MAl. SGA is the presidenl of Golf Property " Analysts and a member of the following organizations: Memberships . Counselors of Real Estate (CRE) . Appraisal Institute (MAl) . Society of Golf Appraisers ,j (SGA) . National Golf Foundation . Golf Course Superintendents Associalion . Natl. Golf Course Owners , j Associalion . National Club Association "j . Urban land Institute . Mortgage Bankers Assn. . Golf Digest "100 Grealest '''' Panel tlf .,.. N ... LAURENCE A. HIRSH, CRE, MAl, SGA ~ Appraisal and Consulllng Experience hes Involved most types of real estate, Including commercial, industrial, single and multi-family resldenllal and many special purpose properties. Major areas of concentrallon have been retail, office, distribullon and lodging properties with a specialty In the valuation and analysis of golf course properties. Addlllonal experience has been developed In the area of recreallonal properties. development consulting analysis and appraisal review. Geographic areas served Include PA, NJ, DE, NY, IL, IN, MI, OH. KY, TN, TX, NH, CT, MD, VA, SC, VT, I/N, NV, WI, MN, MA & FL. Clients Include financial Institutions, law firms, accounting firms, Individuals and corporations. Has been president of Hirsh Valuation Group or its predecessors since 1980 and employed In the real estate appraisal profession since 1978. Finalist for Central Pennsylvania "Entrepreneur of the Year" award for 1992 In Real Estate Category. Additional real estate Investment and development experience Is ouUined below. . Centre Square OffIce Building. 15,000 SF office building, Lemoyne, Pennsylvania . Prospect Plaza Shopping Center. 18,000 SF strip Shopping center in York, Pennsylvania . Chenry Lane II. Historic Rehab of 7,000 SF office/retail project In York, Pennsylvania . Blue Mountain Place. 5.25 acres, development plan & land flip . Prospect Common OffIce Center. 10,000 SF office near Columbia, Pennsylvania . Oakvlew OffIce Campus. three-building 36,000 SF office in suburban Harrisburg, Pennsylvania . Northwood OffIce Center 4,000:1: SF office condominium In suburban Harrisburg, Pennsylvania Certified In the followng states: PA. FL, GA, SC, NY, MD. VA. OH Qualified as expert witness in Pennsylvania, New Jersey, Massachusetts, Florida, Virginia and New York. EDUCA TlON . Pennsylvania State University. B.A. 1978 Appral..lln.lllule Cours. of study has lneluded all course. required for the MAl designation as well as the foJlowng seminars: HOleUMotel Valuation Rales. RatiOS & Reasonableness USPAP and Standards Upd. Investmenll Discounted Cash Flow Analysis Utigalion Valuation Easemenl Valuation Appraisal Regs. Technology In Appraising hirsh valuation group LAURENCE A. HIRSH, CRE, MAl, SGA. QUALIFICATIONS. (continued) Continuing Education '. -. Buying or Leasing a Golf Facility (PGA of Amerlca) (Crlttendan) Golf Course Daslgn & Construction (PGA of Amerlca) Insllluta for Intematlonal Research Course Naws) Eminent Domain (ALl/ABA) (PBI) Golf Course Real Estata Development Golf Course Davelopmant & Financing. Forum on Public Golf (Golf .Wlnnlng RE Tax Assessment Cases" "Leisure Time In the year 2005" - (Tha Counselors of Real Estate) Publications Golf Market Today, 2.9S, "Seven Ways 10 Add value to Your Golf Course" The Appraisal Journal, 4-94. "Private Equity Count/y Club CommunlUes -Issues & Answem" Carolina Business. 4.94, "What Are Golf Courses Worth?" New England Real Estate Journal, 3-25.94, "Golf Course Values Depend on I.GP." San Diego Business Journal, 4-94, "Wall Street hits ace with golf Investments" Golf Course News, March. 1994, "Tis Ihe Season for Tax Tips" Club Director. November, 1993. "What Is Your Club Worth and Why Should You Know?" Park/Grounds Management, Nov., 1993. "Consider a Golf Coursa as a Revenue Ploducer" Public Management. June, 1993. "Par For The Course" American City & County, Aprll, 1993. "Golf Courses Offer Cash Flow Altematlves" Pennsylvania Township News, January, 1993. "Well Planned Golf Course Can Be Excellent Revenue Opportunity for Townships" The Appraisal Journal, January:91. Golf Courses: Valuation & Evaluation Editorial Review Board for Golf Courses & Country Clubs: A Guide to Appralsal,Market Analysis. Development and Financing LECTURERflEACHER . ,~ . Golf Coursa Superintendents Assn. of America, 2-25-95, 2-96, Topic: Golf Course Economics . New England Golf Course Owners Association. July 13. 1994, Topic: Property Valuation and Assessments . Pennsylvania Golf Course Owners Association. April 21. 1994, Topic: Real Estate Taxes . Crlttenden Conferences on Golf Development, mulllple slles and dates . University of Florida. Rho Epsilon, April 4, 1991. Topic: Golf Course Appraisal & Analysis . Natl. Assn. State Tax Court Judges Conference. Harvard Law School, 9.26-91, Topic: Golf Courses . PGA of America, "Golf Course Design & Construction, 1-92, 1.93. . Georgia Section PGA of America, Buying or Leasing a Golf Course, Atlanta. GA, November, 1993 . Golf Coursa News, Public Gof Forum. Charleston, SC. 11.93. Orlando. FL. 11-9S. Chicago. IL, 10-96 . University of Wisconsin. Real Estate Club, February 6. 1992. . Financial Seminars, Inc., speaker at "Financing Golf Developments", AprlI9-10. 1992 . Golf Development Inslllute, Golf Course Renovation & Expansion. 12.93, 10-94, 5-95 . National Golf Course Owners Assn., Seminar on Family Business, 1.96 . Pennsylvania Assessors Association - Golf Course Valuation. 5.93, 5-97 . New Jersey Association of Assessors. Golf Course Valuation Seminar. 3-10-97 0.,,, .... ... .. hirsh IIIl valuation group ~ Ann \I. lI11rrh GEOGRAPHICAL AREAS SERVED . ... Connecticut: Fairfield and New london Counti~ Florld.1: 8rowart! Counly Coollla: Houston County Kentucky: Letcher and Madison Counties MMylond: Frederick and Montgol'T'lPry Counlips Michigan: leelanau County New Jmer. Bergen. Ocean and SUSsell Counties New York: Westchester County North Carolina: Cra~n. Edgecombe. GrE"f"np, lenoir. Martin. Pin. Wolke and Wayne Counties Ohio: Athens County Pennsylvillll.J: Adams, AIIl'1!i1.nv. Cumbo,land. Dauphin. lancaster.lebanon. Wes'mo,.land. Schuylkill and Yolk Counties Vllllnla: City of Bristol, Isle of WigtU County, W.uhin&!on County WIsconsin: Daf'IEI County. City of Milwaukl'P !Of Ia ALAN M. HARRIS EXPERlENCE . . HI..h Valuation Group (February, 1993. 10 Present); Harri.burg. PA: Anociale real e.lalO appral.er/research analy.t of regional appral.al company Aldridge & Southerland, Realto.. 10clober, 1990, 10 S.plember. 1992); Greenville. NC: Real eslale .ales agenl/company markeling con.ullanl Mac Harris School of Roal Eslale Uuly, 1992, 10 December, 1992); Greenville. NC: Owner/directorronslruclor, privale real eslale school J. L. Harris & Sons, Inc. Uuly, 1977. 10 July, 1990); Greenville. NC: Ownerlbrokerage manager or real eslale sales and managemenl. and construction company North Carolina Association of Reallors (March, 1989, 10 December. 1991); Green.boro. NC: Federal Congrenional Di.lrict CoordinalorlLeglslalive LiailOn Greenville1PiII Association of Reallors (March. 1978. 10 December, 1992), Greenville, NC: Varlou. offices, inciuding Presidenl, Vice Presidenl. and Direclor. Reallor of lhe Year. 1990. Easlern Carolina Cenler for Real Eslate Sludles (April, 1988, 10 July, 19901; Greenville. NC: Owner/direclorron'lructor. privale real eslale .chool Pill Community College (March. 1979.10 March. 1988); Greenville. NC: Slate certificcJ real estate instructor Commonwealth of Kenlucky , Departmenl of Public Informalion IDecember, 1976,10 June, 1977); Frankfort. KY: News. fealure and .peech wriler Transylvania Universily (April, 1974.10 October. 1977); Lexington. KY; Director of Universily Publicalion. United Slales Air Force (Active Duly: July, 1969,10 April. 1973) EDVeA T/ON Transylvania University. 8.A.. Polilical Science Universily of North Carolina al Chapel Hili. M.A. Candldale. Graduale School of Journali.m Graduale of Realtors In.lilule (GRIl, North Carolina Reallors In.lilule Appralsallnslilule (formerly American In.titute of Real Estale Appraisers) Courses: Real E.tale Appraisal Principles ItA 11. Chapel Hill, NC. 7/80 8a.1e Valualion Procedures 11A21. Chapel Hill. NC. 7/80 Capilalilation Theory and Techniques 1181.182,1831. Chapel Hill, NC. 7.8/82 Ca.e Studies in Real E.lale Valualion (2.11. Chapel Hill. NC, 7/84 Valualion Analy.is and Report WrilingI2.21. Chapel Hill. NC. 7/84 L1CENSE/CERT/FICA T/ON Certified Broker/Appraiser. Commonweallh or Penn.ylvania 18A.()()18SO-LI Real Estale Associale 8roker, Commonweallh of Penn.ylvania IAB-OSl771-LI Real Eslale Broker. Slale of North Carolina (8-46494) hirsh valuation gr'oup ~ ..... .. . , ". ~ ... ... ... ,,.. .... ... I .J I .. ALAN M. HARRIS. QUAUFICA TIONS, (cunlinucd) PllO/'ERTl' Tl'I'ES AI'I'RAlSEI) l'AllTIAI IISI Of CIIEN IS SlRVW Airport Ambulalory surgery laclllly Amusement/theme park Apartmenllaclllly Buslnessllnduslrial park Commercial developmenlland Commercial relaU facUlly Gas-line rlght-of.way Golf facillly, prlvale Golf faclllly. seml.privale Golf faclllly, public HoleVconventlon cenler faclllly InduslrlaVdlstrlbutlon warehouse facility InduslriaVmanufacturlng faclllly Mlni-slorage facillly Mobile-home park Office facility Regional shopping mall Resldenlial developmenl land Residential subdivision Slrlp shopping cenler Banks and Mortgage Companies: Dauphin Deposll Bank Fulton Bank Lebanon Valley National Bank Hersey Trusl Company Meridian Bank The Bank of New York Pennsylvania National Bank S & T Bank Toyo Trusl & Banking Co., ltd. UnlBank Businesses. Induslrial Corporations and Govemmenl: Brownlng.Ferris. Inc. Counly of Cumberland, PA Counly of Lancasler, PA Counly of Weslchesler, NY County of York. PA Foxwoods Resort Casino George D. Zamlas. Developer GollSoulh Hershey Enlertalnmenl & Resort Co. Hurd,an Golf Course Design, Inc. Laird Enlerprlses Lancaster General Hospllal National Fairways. Inc. Palm.Aire Assoclales GP Pike-Lelcher Land Co. Scantlcon Inlernational, Inc. Summit Engineering, Inc. REI'ORT n'I'ES I'REI'ARW Appraisals for: Acquisllion Condemnation Disposition Estate sell/ement Financing Tax appeal Consulting Markel Analysis Markel Feasibillly Markel Positioning hirsh valuation group l J ...., "j ] J J ] '1 w i z ~ J J J J ~DEFLmS'l.list Claritas Inc. ~Sales (800)234-5973 II (MSA 3240) Harrisburg et al, PA ,.. Family Household Trend Report II ....U . n1verse 1980 Census I ;______________ Population, . . . -Households, . . , Families. . , . . , Housing Units. _.Grp Qrt, Pop., Household Size 555158 201169 148230 216301 16834 2.68 Income 1979 (Census) --------- Aggregate ($MM) -'Per Capita"., Avg. Household 'Median Hhold., .. . Avg. Family HH Med, Family HH Avg, HH Wealth Med. HH Wealth 4098 7383 20196 17849 23056 20732 1990 Census 587986 226353 157924 241489 19303 2.51 1989 (Census) 8612 14647 37~87 31673 43822 37957 % Chg 80-90 5.9 12.5 6.5 11,6 14,7 -6.1 % Chg 79-89 110.1 98.4 85,6 77.4 90.1 83,1 1996 (Est, ) 617165 240695 165834 258864 20531 2.48 1996 (Est,) 11859 19216 48511 40182 56976 47868 140699 75976 3l-0CT-96 Support (800)234-5629 % Chg 90-96 5.0 6.3 5,0 7.2 6.4 -1.3 % Chg 89-96 37.7 31.2 29.4 26.9 30.0 26.1 (Weight: 100.0%) 2001 (proj. ) 637792 250683 170899 269610 20633 2,46 2001 (Proj.) 15184 23808 59586 47600 69693 56900 164316 89339 % Chg 96-01 3.3 4.1 3.1 4.2 0.5 -0.7 % Chg 96-01 28.0 23.9 22,8 18.5 22.3 18.9 16.8 17.6 --------------- Family Households ----------------- Family Household Income 1990 Census 1996 Estimate 2001 Proj. ------------------------- ---------------- ---------------- ---------------- Total. . . . . . . . . . . . . . , . , . . . Less than $5,000..,.. $5,000 to $9,999.,... $10,000 to $14,999..... $15,000 to $19,999,.,.. $20,000 to $24,999..... _. $25,000 to $29,999..... $30,000 to $34,999.,.,. $35,000 to $39,999.,... $40,000 to $44,999..... ,.... $45,000 to $49,999.,... $50,000 to $59,999..". $60;000 to $74,999..... ~ $75,000 to $99,999.,.., $100,000 to $124,999,..,. . $125,000 to $149,999..... _ $150,000 to $249,999.,... $250,000 to $499,999..... ,$500,000 or More......... 157924 3043 4763 7594 10673 12882 14485 16179 14916 13953 12055 17681 14748 9002' 2882 1051 1355 533 129 1.9% 3,0% 4.8% 6.8% 8.2% 9.2% 10.2% 9.4% 8.8% 7,6% 11.2% 9.3% 5.7% 1.8% 0.7% 0.9% 0.3% 0,1% 165834 2842 3789 4947 6927 9476 10374 11748 11424 13597 12543 23512 23845 18461 6687 2546 2031 804 281 1.7% 2,3% 3.0% 4.2% 5,7% 6.3% 7.1% 6.9% 8.2% 7.6% 14.2% 14.4% 11,1% 4.0% 1.5% 1.2% 0.5% 0.2% 170899 2798 3350 3978 4977 6754 8214 9286 9129 9975 10388 23507 28685 26689 13666 4631 3326 1104 442 1.6% 2.0% 2.3% 2.9% 4.0% 4,8% 5.4% 5.3% 5.8% 6.1% 13.8% 16.8% 15.6% 8.0% 2.7% 1.9% 0.6% 0.3% ======================================================c======================= - NOTE: When the median household wealth for an area is less than $25,000 it will be listed on this report as $24,999, ... Data on income are expressed in "current" dollars for each year. Decennial Census data reflects prior year income. 1996 estimates and 2001 projections produced by Claritas Inc. Copyright 1996 Claritas Inc. Arlington, VA ..- DEFLmsa . list Claritas Inc. 31-0CT-96 Sales (800)234-5973 support (800)234-5629 (Page 1 of 2) (MSA 3240) Harrisburg et al, PA (Weight: 100.0%) 1990 Demographic OVerview Report population 587986 Housing Units 241489 Median Age 34.8 ... Households 226267 Group Quarters 19329 Median HH Inc 31637 Families 158943 Avg, HH Size 2.51 Median Value 75013 Vehicles 384726 Income in 1989 Household Family Non-Family ----------------------- --------------- --------------- --------------- Less than $5,000.., 8161 3,6% 3431 2,2% 5083 7,6% $5,000 to $9,999". 16857 7.5% 5138 3.2% 12096 18,0% $10,000 to $12,499,. , 9226 4,1% 3867 2.4% 5610 8.3% $12,500 to $14,999,.. 8777 3.9% 4276 2.7% 4647 6.9% -, $15,000 to $17,499". 10259 4.5% 5508 3,5% 4988 7.4% $17,500 to $19,999,. , 9934 4.4% 5769 3.6% 4332 6.4% $20,000 to $22,499" . 11548 5.1% 6891 4.3% 4868 7,2% $22,500 to $24,999.. . 9922 4.4% 6469 4.1% 3523 5.2% $25,000 to $27,499. . . 11203 5.0% 7551 4.8% 3588 5.3% $27,500 to $29,999... 9649 4.3% 6937 4.4% 2628 3,9% $30,000 to $32,499. . , 11600 5.1% 8652 5,4% 2809 4,2% $32,500 to $34,999. , , 9329 4,1% 7456 4,7% 1858 2.8% $35,000 to $37.499... 9984 4.4% 7878 5.0% 1877 2.8% $37,500 to $39,999,.. 8110 3.6% 6777 4.3% 1247 1,9% $40,000 to $42,499, . . 9113 4.0% 7771 4.9% 1396 2.1% $42,500 to $44,999.., 7222 3.2% 6130 3,9% 983 1,5% $45,000 to $47,499,., 7293 3.2% 6108 3.8% 1009 1.5% $47,500 to $49,999, , . 6380 2.8% 5650 3.6% 613 0,9% $50,000 to $54.999. , . 11201 5.0% 9879 6.2% 1127 l.n $55,000 to $59,999, . . 8166 3,6% 7580 4,8% 569 0.8% $60,000 to $74,999... 16057 7.1% 14460 9,1% 1250 1.9% $75,000 to $99,999.. . 9687 4.3% 8894 5.6% 618 0,9% . . $100,000 to $124,999... 3141 1.4% .2818 1.8% 250 0,4% $125,000 to $149,999.., 1179 0,5% 1044 o.n 125 0.2% . $150,000 or More..,..,. 2269 1.0% 2009 1.3% 230 0.3% -- Aggregate Income ($Mil) 8475 6867 1529 Median Income.....,.". 31637 37388 18214 Average Income.,....... 37459 43206 22716 Persons Persons ._. Educational Attainment 25 Yrs & Over Employment Status 16 Yrs & Over ----------------------- --------------- ----------------------- --------------- . Less than 9th Grade.." 9th - 12th Grade,No Dip - High School Graduate". Some College, No Degree , Associate Degree...,.., - Bachelor's Degree...... Graduate/Prof. Degree" 32031 58020 158821 49058 21336 46550 23606 8.2% 14.9% 40,8% 12.6% 5.5% 12.0% 6.1% In Labor Force,......" Civilian. . . . . . . . . . . . . . Employed, . . , . , , . . . . . . Male............... . 312667 310597 298729 159755 138974 11868 153369 67.1% 66.6% 64,1% 34.3% 29.8% 2.5% 32.9% Female. . . . . . . . . . . . . . Unemployed.,...".,.. Not in Labor Force..... ... aaaaaaa.aaaa.aa.aa...aa.........aa.....aa...............__...................:c Source: 1990 CensuS of the population and Housing, Summary Tape File 3 Copyright 1996 Claritas Inc. Arlington, VA ... DEFLmsa.list Claritas Inc. Sales (800)234-5973 31-0cr-96 (800)234-5629 (Page 2 of 2) (Weight: 100,0%) Employed Persons 16+ support (MSA 3240) Harrisburg et al, PA Employed Persons 16+ Industry Occupation ----------------------- --------------- ----------------------- --------------- _~griculture/Forest/Fish Mining. . . . . . . . . . . . . . . . . construction.,. ...."., Manufacture-Nondurable. -Manufacture-Durable.." Transportation. ,..,..,. Communication/Pub. Util 'Wholesales Trade.."... Retail Trade... ......., Finance/Ins/Real Estate .llusiness & Repair Serv. Personal Services".... Entertain/Recreation... Professional & Related. . Health Services.,..... . Educational Services,. Other Professional..., Public Administration,. 5963 533 17245 24901 24505 16027 7035 13524 47154 21859 12272 7374 3695 65577 26108 22003 17466 31065 2.0% Managerial/Prof. Spec.. 0,2% Exec/Admin/Managerial, 5,8% Prof. Speciality.",., 8.3% Tech,/Sales/Admin. Sup. 8.2% Technician and Related 5.4% Sales................. 2.4% Administration Support 4.5% Service occupation..... 15.8% Private Household...,. 7.3% Protective service.... 4.1% Other Service....,..,. 2.5% Farming/Forestry/Fish.. 1.2% preciSion/craft/Repair, 22.0% operator/Fab./Laborer., 8.7% Mach.Op/Assem,/Inspect 7.4% Trans. & Material Move 5.8% Laborers....,..."..., 10,4% 74097 24.8% 34683 11,6% 39414 13.2% 98399 32.9% 11803 4.0% 29523 9.9% 57073' 19.1% 36787 12.3% 711 0,2% 4183 1.4% 31893 10.7% 5264 1.8% 32209 10.8% 51973 17.4% 20090 6.7% 13815 4.6% 18068 6.0% Transportation to Work Workers 16+ Travel Time to Work Workers 16+ .----------------------- --------------- ----------------------- .-------------- Drive Alone..,. ...,.,.. 'Carpooled. . , . . . . , . , , . . . public Transportation.. All Other...." . . . , . . . . 222095 42610 5757 25786 75,0% Less than 10 Minutes... 14.4% 10 to 19 Minutes,.."., 1.9% 20 to 29 Minutes....... 8,7% 30 Minutes or More..... , Occupied Units In Structure Housing Units Year Structure Built ----------------------- --------------- ----------------------- "l-Detached..... ,...,.,. .1-Attached. . . . , . , . . , . . . 2......... ... .. ... ..... "3 or 4................. 5 to 9................. 10 To 19.......,.,.",. .20 to 49.. . . . . , . . . . , . , . 50 or More... II ........ Other. . . . . . . . . . . . . . . . . . .... .Year Hhlder Moved In 127725 56.4% 1989 To March 1990...., 34941 15.4% 1985 To 1988.......... . 9673 4,3% 1980 To 1984.......,.. . 11230 5,0% 1970 To 1979.......... . 10164 4,5% 1960 To 1969......,... . 8883 3.9% 1950 To 1959....,..... , 4084 1.8% 1940 To 1949.......... . 4254 1.9% 1939 or before.....,." 15399 6.8% Median Year Built"..., . Occupied Housing Units Vehicles Available: ----------------------- --------------- ----------------------- '-1989 To March 1990.,... 1985 To 1988..."...... 1980 To 1984... .,..,.., -1970 To 1979...,....... 1960 To 1969... ...,.... '1959 or Before. ....,... 37417 16.5% None................... 60950 26,9% 1........,............, 30182 13.3% 2...................... 44450 19.6% 3...............,..,... 25432 11.2% 4...................... 27922 12.3% 5 or More.............. 58356 108806 63117 65969 19.7% 36.7% 21.3% 22.3% Occupied Housing Units 3967 17580 14511 45914 31839 32609 19516 60417 1960 1. 8% 7.8% 6.4% 20.3% 14.1% 14.4% 8.6% 26.7% Occupied Housing Units 22127 75465 91070 27685 7391 2615 9.8% 33.3% 40.2% 12.2% 3.3% 1.2% - a=_a~aaaa==DDaaDaaaD=====a=====aa==Daaaa=a===a===a==a===a__eaaaaaaaaaa____===== ,Source: 1990 Census of the population and Housing, Summary Tape File 3 Copyright 1996 Claritas Inc. Arlington, VA ... (27-391) (27-391) ) Part 16 C-G Commercial General District 5391. Purpose. The purpose of the C-G Commercial General District is to provide reasonable standards for the development of commercial uses in areas where such uses already exist and where the development of commercial uses is feasible. These commercial uses would include shopping centers. The standards of this district are designed to minimize traffic congestion on the streecs, provide for the public convenience, and fulfill the other broad purposes of this ordinance. (Ordinance 378-80, March 18, 1980, Article XVI, 51601) 5392. Procedural Requirements. All applications for permits, pursuant to this part, shall be submitted to the Zoning Officer who shall have the option of submitting such applications to the Planning Commission or to the Township Commissioners for recommendations prior to issuing a permit. All applications for building permits shall be reviewed by the Plan Review Board. (Ordinance 378-80, March 18, 1980, Article XVI, 51602) 5393. Permitted Uses. A building may be erected or used and a lot may be used or occupied for any af the following purposes and no other. All such uses shall be in conformity with Part 19 (General Regulations). 1. Apartment buildings. 2. Tourist homes and motels. 3. Commercial uses serving the community, including but not limited to such uses as retail drug stores, food sales, wearing apparel shops, auto and home appliance sales and service, restaurants and tea rooms, jewelry and gift shops, department stores, dry goods and notion stores, furniture sales, banks and lending institutions, barber and beauty shops, studios, paint, paperhanging and glass shops. 4. Office buildings professional offices and services and personal services. 5. Newspaper and job printing establishments. 6. Theaters, assembly halls, places of amusement, and commercial recreation establishments including skating rinks, swimming pools, golf driving ranges, and outdoor movies. 7. Public garages for storage, repair, and servicing of motor vehicles when in a completely enclosed structure; public and private . ::~ off-street parking lots. . 8. Gasoline filling stations for servicing but not major repairing of motor vehicles subject to Part 19 hereof. 9. Public and semi-public uses such as churches, libraries, schools, recreational facilities, and municip..l buildings of all types, -433- (27-393, cont'rt) (27-393, cont'd) 10. Post office, central telephone exchanges and transformer substations. 11. Undertaking parlors and funeral homes. 12, Laundry, dry cleaning or dyeing, tailoring, dressmaking, shoemaking and repair shops when primarily service or service and sales shops and not manufacturing plants. 13. Wholesale businesses when incident to a permitted use, but not including wholesale stonge warehouses. 14, Signs - subject to regulations of Part 20, the following signs are permitted: . ._, a. Any signs permitted in any residential zone. Business or identification signs not exceeding three hundred (300) square feet in total area per business premises; advertising signs in total square footage not exceeding four times the lineal front footage of the premises on which located. b. -. -. Service and real. estate signs not exceeding sixteen (16) feet in total area per business premises. 15. Residential Use - For dwellings in existence at the time of the adoption of this ordinance any residential use may be continued. However, beyond this date no one-family, two-family, or three-family dwelling shall be constructed in a C-G Zone. This restriction shall not apply to any dwelling u.lit for occupancy by a caretaker or owner if such unit is constructed as part of a commercial building and clearly incidental.to the permitted use, or to conversion apartments. 16. Conversion apartments meeting the requirements of the Building Code, and the off-street parking requirements of Part 21 of this ordinance. The Building Official may grant building permits when these requirements are satisfied without hearing by the Zoning Hearing Board. 17. Dance or music studios. 18, Dog kennels and veterinary 19. Accessory uses on the same any of the above permitted uses. 20, Public utility facilities. (Ordinance 378-80, March 18, 1980, Article ~II, S1603) c. hospitals. lot with and customarily incidental to .' S394. Conditional Uses. The folloWing conditional use and no others may be allow~d or denied by the Township Board of Commissioners, pursuant to the express standards and criteria set forth in Article XXIV, Section 2405 and Article XXIII of this ordinance. [Part 24, Section 615, and Part 23 of this ordinance] 1. Mobile home parks (Ordinance 378-80. March 18, 1980, Article XVI, S1604) .~ - -434- .. ) (27-395) (27-395) ) 1395. Rescrictions on Permitted Uses. 1. No internal combustion engine or other machine shall be used unlese objectionable noise and vibration are eliminated in a manner satisfactory to the Building Official. 2. All shops and stores shall be so enclosed within a bUilding that no processing or repairing operations will be visible from the front street or from either the front or side street in the case of a corner lot. 3. Any use adjacent to a residential zone boundary line at the side or rear, which conducts any part of its business in any side or rear yard so adjacent, shall erect as a protective screen to a height of not less than six (6) feet, a solid painted board fence, masonry wall, or permanent evergreen hedge paralleling the said side or rear zone boundary line. (Ordinance 378-80, March 18, 1980, Article XVI, 51605) 1396. BuildinR HeiRht Limit. No building shall be erected to a height in excess of forty (40) feet; provided, however, that the height limit may be increased one (1) foot for each additional foot that the width of each yard exceeds the minimum required. Each and every yard shall exceed the minimum by the number of feet proposed to be added to the maximum height of forty (40) feet. (Ordinance 378-80, March 18, 1980, Article XVI, 51606) ) 5397. Lot Area and Width ReRulations. 1. The lot area shall be not less than ten thousand (10,000) square feet and lot width shall be not less than one hundred (100) feet at the building line. 2. For permitted res~J~ntial uses and conversion apartments, the lot area shall be not less than the following: One (1) dwelling unit Two (2) dwelling unLts Three (3) dwelling units Four (4) dwelling units For each additional dwelling unit (Ordinance 37B-80, March 18, 1980, Article XVI, 4,000 sq. ft. 7,000 sq. ft. 9,000 sq. ft. 12,000 sq. ft. 1,000 sq. ft. 11607) 5398. Lot CoveraRe. nle principal and accessory buildings on any lot shall not cover more than forty percent (40%) of the area of the lot, '<, (Ordinance 378-80, March 18, 19ao, Article XVI, 51608) 5399. Open Space. Not less than ten percent (10%) of the lot area shall be covered with a vegetative material. (Ordinance 378-80, Harch 18, 1980, Article XVI, 11609) -435- .. COMPARABLE SALE 22.May.98 .. , I ill 4667 l ... i . i .... , , .1 - , I .... , .J , I ...J i , -~ "1 ..... , ..... .., , , .... , i ... .'\ 1 0.1 I J I iii , , .. ImiC Protect: Address: Prospect & Haines Muntcloalltv: Sprlngeltsbury Township Countv: York ~PA Tax Parcel: 46-005'()288 Grantor: Sun Oil co do 5un Refining Grantee: Hartman Family Realty Consideration: $398,000.00 Sale Date: 01103/95 Flnanclne: Deed Ref: 1037.707 Conditions: land SF: 47,480.00 land Descriotlon: Zontne: Utilities: Bulldine SF: 2,668.00 Imorovements: Am Income Data: Gross Income: $0.00 Exoenses: $0.00 NOI: $0.00 GIM: #Div/O! % OAR: 0.00% Confirmed: Comments: Subtvoe: 30 llo Code: land AC: 0.00 land to Buildlne Ratio: 17.80 SlSF land: $8.38 SlAC land: #Div/Ol SlSF Buildtne: $149.18 ~ : t COMPARABLE SALE III 22.May.98 I I m 6423 ~ l ~ , I .. I I .., , .".,.-t ""1 , , '-"j .... '- -, .... ~ ". , - ., , .... i .. , .. .~ ... ... I ... I .. h'mu C SubtvDe: S9 Prolect: Food lion. Manchester Address: along the west side of North George Street Extended (Rte 181) opposite Chester Square Shopping Cenler, 1/4 mile south of Manchester 80rough MunlclDalltv: East Manchester Twp Countv: York ~PA Tax Parcel: 26-M1-126G Grantor: Wagman Construction, inc Grantee: Wagman Investors limited Partnership Consideration: $2,800,000.00 Sale Date: 07131/96 ZID Code: Financln2: Deed Ref: 1268-6488 Conditions: $500,000 in limited partner equity and remainder mortgage Land SF: 0.00 land AC: 5.66 Land DescrlDtion: slightly Irregular in shape wilh additional frontage along access street forming the north property line; visibility excellent for bolh north and southbound traffic; access good except for exiting due to road topography somewhat blocking visibility nf traffic heading south from Manchester. Zonin2: C-Commerclal District Utilities: all public avalable in adequate capacity Buildln2 SF: 38,600.00 ImDrovements: one story masonry and brick neighborhood shopping center; anchor tenant is Food lion supermarket of 29000 SF. Secondary anchor 15 a drug store of 7200 SF and two small strip stores of 1200 SF each are adjacent the drug store. Floor plan and mechanical systems are standard. Macadam parking lot is estimaled at 150000 SF with appropriate lighting. A&!tl 1995 Land to 8uildin2 Ratio: 0.00 Income Data: Gross Income: $0.00 EXDenses: $0.00 NOI: $0.00 GIM: #Div/OI % OAR: 0.00% S1SF Land: #Div/Ol $lAC land: $494,699.65 S1SF Buildin2: $72.S4 Confirmed: data from Dan Wagner, 2/97 COMPARABLE SALE ... , 22.May-9B ill 5657 hm;C Prolect: Shiloh Shopping Cenler Address: 2323 Carlisle Road Munlcloalltv: West Manchester Twp Countv: York Suhtvnel 59 .. .. '"": ~P^ lln Codel - Tax Parcel: 51-11-47,49 Grantor: Shiloh Partners Grantee: John l. & Helen Y. Shick; An Jen Huang, Kun Yao Huang & An Sin Huang ConsIderation: $2,200,000.00 Sale Date: 09/00/93 ._" - I _.. .... FlnanclnR: ',. Deed Ref: 725.27 CondItions: land SF: 11 0,648.00 land AC: 2.54 Land Descrlntlon: ZonlnR: commercial - Utilities: BulldinR SF: 25,681.00 Imnrovements: one story brick and concrete block bldg with 21242 SF, constructed In 1986 and utilized as a strip center with various tenanls. One story masonry bldg, builtin 1986 with 4439 SF, currenlly used as a convenience store and pizza shOll. Overall the buildings are In good condition, and have a total of 25681 SF .... A8lll 1986 land to BulldlnR Ratio: 4.31 'I , Income Data: Gross Income: $0.00 Exoenses: $0.00 , ..J ... .. ., ~ $0.00 mMi #Dlv/Ol % OAR: 0.00% S1SF land: $19.88 SIACland: $866,141.73 SISF BuildinR: $85.67 , 4 I .J , 1 .I Confirmed: per Rick lobianco, sale was verified by parlncr of the grantor, Dennis Goodwin Comments: ; l .. u . .'~'~ EAST PENNSBORO AREA SCHOOL DISTRICT, Appellant, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CUMBERLAND COUNTY BOARD OF ASSESSMENT and PROSPERITY DEVELOPMENT CORPORATION, Appellees CIVIL ACTION - LAW NO. 97-2769 CIVIL TERM ORDER OF COURT AND NOW, this 2::-~:t~ day of May, 1997, due to a scheduling conflict, the hearing previously scheduled for September 4, 1997, is RESCHEDULED to Thursday, October 2, 1997, at 1:30 p.m. in Courtroom No.5, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Richard C. Snelbaker, Esq. 44 West Main Streat Mechanicsburg, PA 17055 Attorney for Appellant Michael J. Pykosh, Esq. 355 North 21st Street Camp Hill, PA 17011 Attorney for Appellee OWner Stephen D. Tiley, Esq. 5 South Hanover Street Carlisle, PA 17013 Attorney for Appellee Board Horace A. Johnson, Esq. Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Attorney for Cumberland County ~ ~ ~ " . !+ '.' . ~1 (j~ ~ ~u ~ l ...! ~ . ~ '1 u u ..\l::J j~ a \t \J ~ 'C.... () .~ " ~ ..a+- ~ .~ ~<l ~ ~~/ .' . \II ~ I I i J :--- ' .. .':) ~ 0..- ~ to-. C'i , f'o, a-- . >