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ASSOCIATION OF

REAL ESTATEC O M M E R C I A L

C H A R I T Y B E N E F I T

BROKER OF THE YEARAWARDS

On behalf of the ACRE 2017 Board of Directors, I would like to thank all of you for your support and involvement over the past years.

It is vital we continue to promote, retain and celebrate the commercial real estate industry in the Sacramento region. I’m pleased to report ACRE continued to stay strong and healthy in 2016. We could not achieve that without your help!

Special thanks to our 2016 ACRE Past-President, Bruce Hohenhaus, Cushman & Wakefield, and our amazing 2016 Board of Directors. As the incoming 2017 ACRE President, I look forward to continuing the momentum this year with the full support of our dynamic 2017 Board of Directors. As an ACRE member of many years, I firmly believe that ACRE plays an important role in our community by providing a unique platform for charity involvement, networking and education for its membership.

ACRE ended our 2016 event calendar year with Developer Showcase which is widely acknowledged as “The Networking Party of the Year” in November. It was attended by over 1,000 plus attendees. Congratulations to Developer Showcase Event Chairs, Becki Roberts, Central Valley Community Bank, and Bill Andrews, Inter-Cal, and their hard working committee. Save the Date for Developer Showcase 2017 on Thursday, November 9, at the Hyatt Regency Sacramento.

Please make sure you keep a look-out for our ACRE event e-notices. If you are not receiving them, please contact [email protected] and ask to be added to the event e-notice system. If you wish to attend our events, they provide all the information you need to know and the opportunity to register for our events. Our events are popular and many of them sell out very quickly.

We kick off our robust ACRE calendar of events with a luncheon on Thursday, February 9, featuring Ryan Sharp, Regional

Economist and Certified Economic Developer – Associate Director, Venture Catalyst at UC Davis. Ryan will provide an informative presentation on the Sacramento economy/workforce relating to our regional CRE market. The Broker of the Year awards (BOYA) event will be held on Thursday, March 16 at the Hyatt. Sponsorships Tables of 10, go on sale at the end of January every year via ACRE e-notice. Please register online early to secure a prime spot for your companies table. Our BOYA emcee will be Scott Moak, Sacramento Kings Vice President of Community Impact & Executive Director of the Kings Foundation. Our charity recipient is Make A Wish, another great cause for us to rally around. Our BOYA Chairs, Alexis Garrett, JLL, and Cindy Condos, Sutter Health, supported by the BOYA committee, are working hard to make this year’s BOYA another great success. Please mark your calendars with a Save the Date for the Monday, May 15 ACRE Golf Tournament at Whitney Oaks Golf Club. Our Golf Tournament Chair will be Heather Hess, Deacon Corp. Our golf tournament sells out earlier and earlier each year so grab your foursome and be ready when you see the ACRE e-notice fly out! Be sure to check out our online event calendar. We have some very fun, special events that are for members only which is another added perk to being a member.

ACRE will be launching NextGEN ACRE, a new program coming in 2017. We will provide you more information via our ACRE e-notice system. NextGEN ACRE will be for our members only, stay tuned!

Our successful events are made possible by our loyal members, event committees, board members, and their companies by donation of both their valuable time and resources to Sacramento’s premier commercial real estate organization.

Thank you again for your valued membership. Here’s wishing you a healthy and prosperous 2017!

By: Mike Metzger, WESTCORE PROPERTIES, 2017 ACRE President

Phone: (916) 446-0775 • Fax: (916) 961-6884 • www.acre.org WINTER ISSUE 2017

The President’s Message

SAVE THE DATE! BOYA

Thursday, March 16, 2017

ASSOCIATION OF




The Association of Commercial Real Estate’s Charity Benefit, Broker of the Year Awards (BOYA) originated in 1992. These distinguished awards are presented annually to brokers who have achieved outstanding brokerage results in eight categories: Industrial, Office, Retail, Investments (non-Apartment), Land, Multi-Family, Rookie of the Year and Broker of the Year. The Broker of the Year Award will be presented to the outstanding Broker that year. In addition to recognizing industry high achievers, the Charity Benefit Broker of the Year Awards has given over $4,900,000 to local charities.

25th Annual Broker of the Year Awards (BOYA)Thursday, March 16, 2017

5:00 pm – 11 pm Hyatt Regency Sacramento – Grand Ballroom

1209 L Street, SacramentoBOYA SPONSORSHIPS TABLES OF (10) SOLD VIA ACRE EVENT E-NOTICE IN JANUARY

BOYA INDIVIDUAL TICKETS SOLD IN EARLY MARCH

This year’s charity event will benefit

PLATINUM SPONSORS

PRE-PARTY SPONSOR

ASSOCIATION OF




In 2013, I wrote a “Legal Tips” article regarding two new California regulations that took effect on July 1, 2013, and required commercial property owners who were selling, financing, refinancing, or leasing their properties to review their form purchase and sale and lease documents to address new ADA/disability accessibility and Energy Star® reporting requirements. Earlier this year, the California Legislature passed and Governor Brown signed into law legislation changing the ADA/disability accessibility reporting requirements (i.e., the “CASp” inspections), effective as of January 1, 2017. In addition, the California Energy Commission allowed the former Energy Star® reporting requirements lapse as of the end of 2015, and no new rules have been implemented. So, as of the publication date of this article, no Energy Star® reporting requirements apply for any commercial real estate transactions.

Accessibility

Since July 1, 2013, commercial landlords have been required to disclose to their prospective tenants whether the subject property had undergone inspection by a “Certified Access Specialist” or “CASp” , and if so, “whether the property has or has not been determined to meet all applicable construction-related accessibility standards pursuant to (California Civil Code) Section 55.53.” (California Civil Code Section 55.53.) Landlords were not required to perform the survey, but instead only to disclose whether the survey has been performed, and if so, the results. In order to increase tenants’ awareness of CASp compliance of California commercial properties and to promote compliance with ADA and California disability accessibility standards, the California Legislature passed and the Governor signed Assembly Bill No. 2093, which changes the CASp disclosure requirement.

Effective as of January 1, 2017, the new law requires the following changes to CASp disclosures for commercial property leases:

• For leased premises that have had a CASp inspection, but the compliance repair work has not been performed, the landlord must provide a copy of the CASp report to the prospective tenant at least 48 hours prior to the tenant’s execution of the lease. If the landlord does not timely provide the report, the tenant has the right to rescind the lease within 72 hours of execution.

• For leased premises that have had a CASp inspection and the compliance repair work has been performed, the landlord must provide a copy of the CASp report to the prospective tenant within seven (7) days after the tenant’s execution of the lease.

• For leased premises that have not had a CASp inspection, the landlord must state the following in the lease:

A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.

By Winnifred C. Ward, Esquire, Stewart Ward & Josephson LLP

Tell It Like It Is, Part Deux: Changes to CASp and Energy Star® Disclosure Laws

CONTINUED ON NEXT PAGE

LEGAL TIPS

Any CASp report disclosed to a prospective tenant must remain confidential, except as necessary for the tenant to complete the repairs identified in the CASp report that the tenant agrees to make. Such repairs are presumed to be the responsibility of the landlord, unless otherwise mutually agreed between the landlord and the tenant. The confidentiality provision was considered a big “win” for commercial property owners, according to Rex Hime of the California Business Properties Association, which supported the legislation.

Because this new law took effect for any leases executed on or after January 1, 2017, form lease documents should be revised immediately to reflect the new law, and any leases that are in negotiation, but not yet executed, should be revised to reflect same. Also, the term “leases” includes subleases and lease assignments, as well as certain lease amendments, so all lease forms should be reviewed for compliance with the amended law. Brokers and property owners may want to consider attaching any existing CASp report to the executed letter of intent (in order to ensure timely compliance with the disclosure requirements), although doing so will decrease the likelihood that the report would remain confidential.

Energy Star®

The Energy Star® regulations adopted by the California Energy Commission in December 2012 (in implementing the mandates of Assembly Bill 802) required owners of nonresidential buildings to “benchmark” and disclose

their building’s energy use prior to engaging in certain transactions involving the entire building. The original intent of the regulations was that by providing tenants, buyers, and lenders with information regarding comparable buildings’ energy usage, market forces would “encourage” property owners to implement energy efficiency programs and invest in energy-saving upgrades. In practice, property owners and brokers found the law confusing and difficult to follow. As a likely result of complaints regarding compliance and enforcement, the California Energy Commission allowed the prior regulations to lapse at the end of December 2015, and as of the date of this publication, has implemented no new regulations in their place. On its website, the California Energy Commission specifically states that no disclosure requirements are currently in effect, and any new requirements shall not take effect

until after rulemaking has concluded (which is anticipated to occur some time in 2017). Information regarding the status of this rulemaking process and the status of any current disclosure requirements, is available at http://www.energy.ca.gov/ab1103/). Interested parties also may sign up for email updates at that same site.

DISCLAIMER: This article does not constitute legal advice. Readers should consult with their own legal counsel for the most current information and to obtain professional advice before acting on any of the information presented.

BIOGRAPHY: Winnie Ward is a named partner of Stewart Ward & Josephson LLP. She specializes in office, retail and industrial commercial leasing, as well as real property acquisition and divestment. Ms. Ward currently serves as a Director at Large on the Board of Directors for the Association of Commercial Real Estate. [email protected]; 916-569-8161.

1 A “CASp” is an accessibility specialist who has been certified by the State of California to inspect properties for compliance with construction-related accessibility standards and is authorized to issue a certificate of compliance which may be displayed at the property. California Civil Code Section 55.53 sets forth the technical requirements for that certificate.

LEGAL TIPS: Continued

2016 DEVELOPER SHOWCASE

IMAGES

2016 DEVELOPER SHOWCASE

Lindsey FudgeVice President, First BankWhat was your first job?I was a plan checker and assistant at a Civil Engineering firm in Sacramento while inhigh school.

What do you like to do for fun? I love to snowboard and travel and many times I combine the two! So far I have boarded in Canada, Chile, six US States and will be headed to Japan later this month! I also love to hike, golf, visit with friends and family, camp, paddleboard, wakeboard and attend live sporting events including SF Giants, Sacramento Kings, Rivercats, SF 49ers and Colorado Buffalo football games.

Who would you most like to have dinner with?I would love to be able to have dinner with my grandparents that passed away before I was born.

What would your friends be surprised to find out about you? I have a very difficult time with public speaking.

Jay WashburnDirector of Development Services, TAIT & Associates, Inc.What was your first job?When I was 13 I got a job as a golf caddy at Great Oaks CC in Rochester Hills, MI.

What do you like to do for fun? I love to play golf, play/watch sports, and sample craft brews.

Who would you most like to have dinner with? Ray Kurzweil

What would your friends be surprised to find out about you? I used to mow Bob Seger’s lawn.

Dena PenaVP/Relationship Manager III, California Bank & TrustWhat was your first job?I got my first job when I was 15 working the sign for new home development.

What do you like to do for fun? I love to travel, whether domestic or international, learning about cultures, history, and food.

Who would you most like to have dinner with?So many great people throughout history to choose from . I would have to say George Washington so I could pick his brain on the founding of this country.

What would your friends be surprised to find out about you? That I am an avid history and film buff!!!

NEW MEMBER PROFILES

New Member Profiles

Mark SchwanSVP/ Senior Loan Officer, CALIFORNIA STATEWIDE CDCWhat was your first job?As a kid growing up in Fair Oaks, I had a number of odd jobs which primarily revolved around yard work or house sitting. My first job in which I received a W-2 was selling snow cones under the big top of Circus Vargas in the parking lot of Sunrise Mall. I was 15 at the time but somehow convinced the interviewer that I met the minimum age requirement of

18. I made $105 over 3 days which was big money to me back in the day.

What do you like to do for fun? My favorite things to do for fun include traveling anywhere with my wife, playing golf with friends, sitting on a beach, getting on a horse or just kicking around in boots and listening to country music.

Who would you most like to have dinner with?If I could have dinner with anyone, I would have to pick my father who I lost in 2005. It would be interesting to catch up with him and have him fill me in on the past 11 years.

What would your friends be surprised to find out about you? I was an altar boy for a short period of time when I was young until I accidentally kicked the bells down the steps of the altar and never returned. Not an easy thing to quit when your mother is a teacher in that parochial school. At least that is how I remember it.

R. Joseph MoorePresident, Baltimore FinancialWhat was your first job?I ran the real estate lending in the San Francisco Region for Union Bank, then joined a client who was a developer of high rise office buildings and hotels on the west coast. Later I set up Northern California lending for Imperial Bank which later became Comerica Bank. I founded Baltimore Financial in San Francisco in 1979.

What do you like to do for fun? I enjoy time with friends and family at our place on Clear Lake. But I truly enjoy assisting developers by putting together joint venture equity on their projects.

Who would you most like to have dinner with? Vladimir Putin, assuming he would talk and wouldn’t have me shot.

What would your friends be surprised to find out about you? I raise Texas Longhorns, pheasants and doves.

NEW MEMBER PROFILES: Continued

Mark DavisPresident, Sierra View General ContractorsWhat was your first job?Built Taco in Cameron Park.

What do you like to do for fun? Snow ski, snow shoe, and hunt for birds (anything that flies ;-)

Who would you most like to have dinner with? Jack Daniels.

What would your friends be surprised to find out about you? Starting a vineyard and making wine.

Lou StanfillAssociate, JLLWhat was your first job?I owned my first business at 11 years old called “Odd Jobs by Louis.”

What do you like to do for fun? Play basketball, coach rugby, practice yoga, and enjoy spending time with my wife and dogs.

Who would you most like to have dinner with?My wife, of course! Second would be Arnold Schwarzenegger.

What would your friends be surprised to find out about you? I am a wealth of knowledge for animal facts.

Curtis GilzeanAssociate, CBREWhat was your first job?A filing clerk in my aunt’s office, part-time for the summer when I was sixteen.

What do you like to do for fun? Spending time with family and friends, going out with my wife, and sitting down with an interesting book are a few things I enjoy.

Who would you most like to have dinner with?Table for four please: Warren Buffett, Neil deGrasse Tyson, and Jon Stewart.

What would your friends be surprised to find out about you? The first time we found our daughter jumping on our bed, I got on the bed and jumped with her. After the fun, we discussed what could happen if she fell and we were not there to help. Now if she wants to jump on the bed, she knows to ask!


Kelly RuleSenior Associate, CBREWhat was your first job? Insurance Agency.

What do you like to do for fun? Trailrun; SUP; snowboard; backpack

Who would you most like to have dinner with?Bill Gates.

What would your friends be surprised to find out about you? Was in the Army Reserves (journalist)for short time.

Jason TarmanSVP/ Senior Loan Officer, ESC Design GroupWhat was your first job?My first job was as an interior designer at Williams + Paddon in Roseville. I was fortunate to receive excellent work opportunities as well as wonderful mentoring guidance & advice from Naaz Alikhan, Robi Kaseman, and Mark Posnick during that period. WP provided the chance to experience interior design projects across many different types of disciplines

(hospitality, commercial, office, & education) and those experiences have certainly guided my career as it has continued to progress over the years.

What do you like to do for fun? Lots of things! I enjoy outdoor activities (skiing, hiking, biking), all manner of sports, live music/ other types of live artistic performances and travelling(I recently combined the latter two items in the form of attending a folkloric ballet performance in Mexico City during the Christmas holiday!). I am also currently studying/ learning Spanish as a second language and am enjoying the cultural & conversational doors that learning the language has begun to provide.

Who would you most like to have dinner with?I would have to say our newly installed Mayor of Sacramento, Darrell Steinberg. It would be an amazing opportunity to get his insight on a wide variety of topics that affect us as citizens of this city along with issues that directly impact us as building industry/ design professionals such as: continuing to make Sacramento an attractive/ competitive private sector business environment(and how design, along with planning & building permitting, plays a role in that process), supporting the continued growth and expansion of the creative arts in the city, and advocating for commercial building/ interior design & planning concepts that help to lift the city’s stature in the ‘at large’ architecture & design community. As we all know, this is a time of positive change in many parts of the city.How we address these topics in the present & future tenses will ultimately determine whether or not we maximize our potential as a city & community.

What would your friends be surprised to find out about you? Ha! My friends/ industry colleagues all know that I am an open book so I don’t know that there are too many surprises to share here.......the one big item would be that in addition to having my NCIDQ certification for interior design, I will shortly be embarking on studying for/ taking the ARE exams to obtain an architectural license (I’d been waiting to share anything until I had confirmed that I would meet all of the prerequisite qualifications). I am hoping to complete that process within the next two years.


Ahmed HamdyBusiness Development & Project Manager, MatriScope Engineering Laboratories, Inc.What was your first job?RPM – which was an indoor gokart track and conference center.

What do you like to do for fun? What do you like to do for fun? Hiking, snowboarding, wakeboarding and mainly anything

outdoors that allows me to spend time friends and family.

Who would you most like to have dinner with? Elon Musk.

What would your friends be surprised to find out about you? What would your friends be surprised to find out about you? Im pretty sure they know everything about me and probably know me better then I know myself.

John ChurchwardDirector Producer, HFFWhat was your first job?My very first job was a paper route when I was ten and I always had jobs growing up – including some fun ones: construction laborer, fireproofing equipment mechanic, and the like. But my first full time job after graduating Brown University in 1997 was as a Credit Officer with FINOVA Realty Capital, a CMBS loan originator in Irvine, CA. I moved out from

the East Coast and lived on the sand in Newport Beach near Dennis Rodman. Yes, there were some fun times. I was very fortunate to work with such a talented group at FINOVA early in my career – it has provided a great network of relationships across all disciplines in commercial real estate and many of my coworkers then are some of best friends today.

What do you like to do for fun? I love my job today – I help commercial real estate owners capitalize a wide range of deal types, from ground-up developments to stabilized assets. It is always challenging and I especially enjoy working on value-add deals and raising equity – not only because I spent the early part of my career doing similar deals as a principal, but because I like the personal aspect of those deals and the creative vision that is often required. Completing those deals successfully is as more about developing a business plan and matching up personalities to execute than it is about simply shopping for money and optimizing economics. I really enjoy connecting people and helping clients develop relationships and the people side of this business is what makes it for fun for me. That said, Northern California is such a different environment compared to where I grew up outside Boston. I like to enjoy the California weather and lifestyle as much as possible all year round with my family. Typically that means being outside with my two children and coaching their teams. When their sports schedule permits, we like to go biking, hiking, camping, skiing, boating, hunting and fishing – you name it, we’re game.

Who would you most like to have dinner with?A friend once told me about how the men in his family across all generations spend a weekend together not just catching up and having fun, but reflecting on their year and sharing advice and planning their goals for the next year. I think that is a great tradition and I would like to start that for my family; I would include my dad’s father and grandfather. They passed before I was born so I never got to meet them but they each had a big influence in my life through my dad’s stories and the memories he has shared. However, if that is not possible, I would accept a dinner invitation from the G.O.A.T. Tom Brady, for my son of course.

What would your friends be surprised to find out about you? I think my friends out here would be surprised to find out that I can ice skate (even backwards!) but can barely dribble a basketball. I grew up playing hockey and was fortunate to play in college but the only basketball game I ever played is Horse in the driveway. I find it funny some people out here have never ice-skated but I understand why. There is so much fun stuff to do out here in the sun, why go inside a rink and be cold on purpose?


We would like to welcome our new members to the Association of Commercial Real Estate!

ACRE 2017 CALENDAR

JANUARY Broker Form Deadline: January 20th @ 5 pmNo event – Happy New Years!

FEBRUARYLuncheon Event, 2/9/17 11:30 – 1:00 pm Citizen Hotel

MARCHBroker of the Year Awards (BOYA) Charity Event, 3/16/175:00 – 11:00 pm Hyatt Regency Grand Ballroom

APRILSpecial Networking Event Date & Time: TBD

MAYGolf Tournament, 5/15/17 8:30 – 5:00 pm Whitney Oaks Golf Club

JUNESpecial Networking Event Date & Time: TBD

JULY Luncheon: Broker’s Mid-Year Update, 7/26/1711:30 – 1:15 pm Citizen Hotel

AUGUST No event in August – Happy End of Summer!

SEPTEMBER Special Networking Event Date & Time: TBD

OCTOBER No event

NOVEMBER Developer Showcase Tradeshow, 11/9/175:30 – 8:30 pm Hyatt Regency Grand Ballroom

DECEMBER ACRE Board Retreat The ACRE Board wishes you a Happy Holidays!

The Association of Commercial Real Estate (ACRE) sends timely e-notices with event and registration information. If you are currently not receiving our event e-notices, please email ACRE and ask to be added. Email your request to: [email protected]

2017 ACRE BOARD OF DIRECTORSPRESIDENT

Mike Metzger, Westcore Properties

PRESIDENT-ELECTAmy Lerseth, The Buzz Oates Group of Companies

VICE PRESIDENTBill Andrews, Inter-Cal Real Estate

SECRETARY/TREASURERRyan DeMar, Marcus & Millichap

IMMEDIATE PAST PRESIDENTBruce Hohenhaus, Cushman & Wakefield

DIRECTORS AT LARGEBill Angove, Asset Preservation, Inc.

Dave Brennan, CBRE, Inc. Cindy Condos, Sutter Health

Randy Dixon, Colliers International Jason Goff, JLL

Ali Nadimi, Newmark Cornish & Carey Kevin Sheehan, Kidder Mathews

AFFLIATE DIRECTORHaven Fry, JM Environmental, Inc.

SPECIAL DIRECTORSBOYA/SOCIAL MEDIAAlexis Garrett, JLL

DEVELOPER SHOWCASEBecki Roberts, Central Valley Community Bank

GOLFHeather Hess, Deacon Corp.

NEWSLETTERNorma Farr, First American Title

SPECIAL EVENTSAli Nadimi, Newmark Cornish & Carey

NEXTGENNicole Sayers, Bank of the West

EXECUTIVE DIRECTORDebbie Uhrenholt, ACRE

REMINDER: If you have made any changes to your contact information please be sure to provide ACRE with those updates on our website to ensure that our on-line membership directory is kept current and accurate. Thanks!

ACRE works to promote high standards in the field of commercial real estate brokerage and affiliated business by fostering knowledge, ethical, profitable and efficient activities by the membership.

For more information, please contact Norma Farr, Editor, at [email protected]

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