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Solar powers largest growth period in New Jersey was in 2011 and 2012 with many roof top installations being installed. These installations were constructed prior to the adoption of the most recent code (National Electric Code NEC 2014) and most likely were not designed with the newly required arc/ground fault specifications.

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SO, WHAT DOES THAT MEAN FOR YOU?

Most likely, nothing if your system is well maintained on a monthly basis. But there are no guarantees that a fault might not occur even on a well-maintained system. Chances are that the solar panel system was designed and installed in accordance with the code at the time of the installation and the system is safely operating. But with the adoption of the new code came new requirements that has added levels of protection that can detect faults in the system. In addition, code changes added a rapid shut down system that acts as a panic button and can disconnect certain parts of the solar array to provide a better and safer system and help avoid potential roof fires that could lead to structure fires and extensive damage.

DO YOU NEED TO UPGRADE YOUR SYSTEM NOW?

It’s not currently code-required, but if you want that comfort level of knowing that there is more protection, it may warrant an upgrade. But upgrades do not come cheap; some of the hurdles that one may face can range from replacing inverters and associated wires and strings, to just swapping out combiner boxes. Many previously-installed solar panel arrays are typically 600-volt systems using a 600-volt inverter. Unfortunately, many of the inverter manufacturers do not currently offer a line of 600-volts inverters because systems have generally been increased to 1000-volts and 1500-volts. Therefore, if the system would require an inverter change, selections may be limited and an alternate design might be required.

IN SUMMARY

If your building has an older solar array built prior to the new electric code, chances are that arc/ground fault protections may not be in place; however, the system may be able to be modified to provide some or all of the new protections. Whitman has experience in reviewing and designing upgrades to existing arrays and provides full turnkey design and support services. Whitman has more than 270-megawatts of solar design experience
in multiple States, that’s about 43,200 houses.

If you have any questions regarding solar panel systems or would like a quote to review an existing solar array, please contact Carey Ruetsch, Vice President of Engineering at 732-390-5858, or cruetsch@whitmanco.com.

Let’s look at the dangers of asbestos inhalation. Even though most uses of asbestos have been banned, it can still be found in a variety of products, such as building materials. Employees can be exposed to this hazardous material in residential and nonresidential buildings, and during renovations and demolitions of properties. The inhalation of asbestos fibers can cause serious damage to the lungs and other organs that may not appear until years after exposure. Asbestos fibers associated with these health risks are too small to be seen with the naked eye, and smokers are at a higher risk for developing asbestos-related diseases if exposed.

The Occupational Safety and Health Administration (OSHA) has standards to protect employees from exposure to asbestos in the workplace, as well as permissible exposure limits and exposure monitoring. OSHA regulations also exist for controlled zones and regulated areas that are designed to protect employees where certain work with asbestos is performed.

Avoid Asbestos Inhalation

The following tips are safety reminders for those who work near or with asbestos-containing materials:

• Never enter a controlled zone that the company has designated as a regulated area where asbestos work is being performed.
• If you are not wearing appropriate respiratory protection, do not enter an asbestos regulated area.
• Do not eat, smoke, drink, chew gum or apply cosmetics in an asbestos regulated area.
• Read and obey all warning signs displayed in asbestos regulated areas.
• When working with asbestos, keep the material wet and vacuum the dust using a HEPA vacuum. Immediately collect and close all waste in bags designed to hold asbestos.

Protect Yourself from Asbestos Inhalation

• Always wear required protective clothing such as coveralls or similar full-body clothing, head coverings, gloves and foot coverings when working with asbestos. Face shields, goggles and other protective equipment are also necessary.
• Make sure you receive proper training and medical clearance if your work requires use of a respirator for asbestos protection. Use the correct type of respirator for the level of exposure. If you are present during the removal of asbestos, you must wear at least a half-face respirator with N-, R- or P-100 (HEPA) cartridges. OSHA also requires the use of a respirator in some cases when performing roofing and flooring work. Talk to your supervisor regarding whether you have sufficient protection.
• Follow all required hygiene and decontamination practices after working with asbestos.
• Leave your work clothes and shoes at work and wash them at work if they are not disposable. Family members of employees exposed to asbestos can get sick from asbestos taken home on an employee’s clothing or shoes. If required, shower at work after working with asbestos.

For More information on Protecting Yourself from Asbestos Inhalation

Brian Blaston, Partner
Hardenbergh Insurance Group

phone: 856.489.9100 x 139
fax: 856.673.5955

email: brianb@hig.net

Commercial landlords often view franchisees in well-known franchise systems as attractive retail tenants. Leasing space to a franchisee, however, raises a number of unique issues and may require you, as a commercial landlord, to negotiate not only with the franchisee/tenant, but also the franchisor.

This article addresses the peculiar issues that may arise when your retail tenant operates a franchise. Site selection and continuity of operations are critical components for successful franchise systems. A franchisor, therefore, will often seek to maintain a level of control over the space occupied by its franchisee. In order to protect its interests in the “locational goodwill” that develops at a successful franchisee site, a franchisor will often insert itself into the landlord/tenant relationship. A franchisor does this in two common ways. First, the franchise agreement may require a franchisee to negotiate certain provisions into its lease. Second, a franchisor may seek to have a landlord execute a separate “lease rider”, which provides the franchisor with additional rights upon the franchisee’s default of its lease.

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FRANCHISE SPECIFIC LEASE PROVISIONS

When Your Tenant is a Franchisee

A standard franchise agreement will include a description of lease provisions that the franchisee is required to include in its lease in order for franchisor to approve its form. As a landlord, therefore, you should not be surprised to see a prospective franchisee tenant provide you with a list of franchise specific revisions to your proposed lease. Franchisor-mandated provisions for the lease commonly include:

1. A use clause limiting the permitted uses to the type of business permitted by the franchise agreement (i.e. the franchised concept only). The franchisor wants to know that the franchisee will not be selling items the franchisor has not specifically approved, nor assigning the lease, in bankruptcy or otherwise, to a party other than the franchisor or an approved franchisee.

2. A requirement that the lease term must be tied to the franchise agreement term. The franchisor wants to know that the franchisee will have a location to operate its franchised business during the term of the franchise agreement, and conversely it does not want its franchisee to have leased property without franchised rights to operate. Thus, the lease term and the franchise agreement term are to be co-terminous.

3. A clause confirming the franchisee’s right to use the franchisor’s marks and required signage package at the property, in order to maintain system uniformity. This provisions makes it clear that the landlord’s signage and other design restrictions will not preclude the franchisee from utilizing the franchisor’s mandated branding scheme.

4. A strict no subletting or assignment provision, except to the franchisor or its designee. This provision prevents an unauthorized sale of the franchisee’s business or the franchisee trying to avoid the franchise agreement’s non-compete provision.

5. A clause entitling the franchisor to take an assignment of the lease, at its option, upon franchisee’s default.

6. Language providing that the franchisor shall receive all notices of default, prior to eviction, and shall have right to cure. When a franchisor receives a copy of a notice of default sent to the tenant/franchisee, it can decide whether it will declare an event of default (a cross-default) under the franchise agreement – which is often an option for the franchisor.

7. A provision allowing the franchisor to enter the leased property upon termination of the franchise agreement in order to de-image the location so as to properly distinguish it from the franchise system. Upon termination of the franchise agreement, the franchisee is required to take down its signs and otherwise de-image from the franchised concept. If it fails to do so, franchisor needs to be able to cause the required de-imaging, without being guilty of trespass.

Despite the importance of the provisions to the franchisor, a franchisee will derive little benefit from these provisions, and in fact runs the risk of angering its new landlord (you) with the additional burden of negotiating these points. Therefore, the franchisee does not have a strong desire to push hard for these points. In practice, a franchisee will often negotiate its lease with you, present it to its franchisor for approval, and only then learn (be reminded) of the importance of the franchisorrequired provisions. Going back to the landlord at that point is an uphill battle for the franchisee. Like the franchisee, the landlord will often be disinterested in the franchisor’s requests. You will not want to further negotiate your “standard” form and specifically, will not want the administrative burden of sending notices and lease amendments to both the franchisee and the franchisor. Nor will you want to add time to cure periods. As a landlord, you need to weigh these burdens against the value of having a recognized franchise system and brand, likely with a strong track record marketing its locations.

LEASE RIDERS

Franchisors can live without many of the provisions listed above, but the collateral assignment (also known as a lease option agreement) is the one that really counts. Ideally, for a franchisor, the franchisee’s lease will be collaterally assigned to the franchisor. The collateral assignment acts as a promise by the franchisee to assign the lease to the franchisor in the event of default. This document, often known as a “Lease Rider” is a tri-party agreement; signed by each the franchisee, franchisor and landlord. Having the landlord and franchisor as signatories to the Lease Rider will confirm that the franchisor has a clear right to enforce the provisions against you, regardless of franchisee’s position, including as a debtor under a bankruptcy proceeding.

There are five main components of a well-drafted collateral assignment of lease for a franchisee:

• A clear expression that the agreement is for collateral purposes only and that the franchisor will not incur any liability, unless and until it takes possession and assumes the tenant/franchisee’s obligations.

• Upon a default under the lease (prior to eviction) or the franchise agreement, the franchisor has the option to take possession or assign the lease to another franchisee.

• The franchisor will receive copies of notices of default.

• The lease will not be modified without franchisor’s consent.

Upon expiration or termination of the lease, and in the event franchisor elects not to assume the lease, franchisor is granted the right to cause a de-imaging of the premises, without being guilty of trespass. Again, the only party who will push hard for these rights will be the franchisor. Other than for the purpose of “getting the deal done”, the franchisee will have little incentive to cause you, as landlord, to comply. The franchisee will usually want to save its negotiation chips for points directly in its favor. Similarly, the landlord will typically want flexibility with the space if the tenant is having problems. Accordingly, many landlords are unwilling to grant collateral assignments of leases. As in most cases, the respective leverage of the parties drives the issue.

Landlords counter these franchisor-required provisions by requiring that the franchisor guaranty the lease. A landlord will insist upon an agreement by the franchisor to cure all arrearages in full, prior to assumption. In response, a franchisor will argue that the arrearages for which it is responsible should be capped based on a time period (e.g., 45 days moving backwards from the date franchisor receives notice of default). Thus, the landlord, who may view additional notice parties as an administrative headache, will be motivated to send default notices to the franchisor before its tenant becomes too far behind in rent.

Landlords generally want to limit the transferability of the lease. For example, a landlord will permit assignment, without its consent, only to the franchisor, and not to another franchisee or other designee. No landlord wants a revolving door of failed franchisees. Often, a compromise is a franchisor guaranty for a limited period of time following an assignment.

CONCLUSION

Successful franchisors work hard to maintain a level of control over their valuable locations. Although it may seem like the franchisor is merely trying to exert its influence over the landlord/tenant relationship during lease negotiations, the franchisor has a vested interest in securing these protections. You, as landlord, will weigh the value of having a tenant offering recognized and popular goods and services in its center, together with a franchisor standing behind its operator, at one level or another, against the burden of these additional negotiations. The next time you are involved in a lease negotiation for a franchised unit, hopefully you will have a deeper appreciation for the franchisor’s motivation and be able to more effectively negotiate these franchise-specific issues.

Let’s set the stage for a Successful Commercial Move. Every move is challenging, but a commercial move has so many moving parts to it that it can seem like an overwhelming task. You have two options: coordinate the project yourself, or look to outsource it. If your relocation needs to be a seamless transition that doesn’t impact your day-to-day business, then the most expedient solution is to partner with a commercial move expert who has a field-tested logistics management program in place. So what is a logistics management program? It’s a 5-step protocol that relocation experts use to keep a project on budget and on time. Before you hire a company, interview several candidates, and see which ones will approach your move with these proven parameters:

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Successful Commercial Move Step #1: Relocation Plan & Objectives

Your Logistics Coordinator should develop a project overview and outline that encapsulates all the details involved in your relocation, including:
• Projected timeframe
• Goals and budget
• Space evaluation
• Asset inventory/furniture analysis
• Space planning
• Contents move plan and asset liquidation
• Computer/phone/data migration

Successful Commercial Move Step #2: Physical Survey

An on-site logistics team should survey both the origin and destination locations in order to provide a comprehensive detailed work overview. It’s important to identify property/building management requirements and specifications so that decommissioning at the current office space complies with the guidelines, and any build-outs required at the new office space are completed prior to move day. A physical survey is especially important when relocating stock from several different locations — office, store, or warehouse. Each venue requires an entirely different logistical approach, so don’t assume just giving the logistics team the square footage total is enough information. Nothing takes the place of an actual boots-on-the-ground survey.

Successful Commercial Move Step #3: Budgeting

Your Logistics Coordinator should create a detailed budget that breaks down the move into individual line items. Any vendor services needed should be sent out for comparative bid. Final recommendations should slot into the comprehensive move plan with an associated sub-budget.
• Timeline with confirmed project dates
• Benchmarks and target dates for vendor services
• Budget goals and savings opportunities

Successful Commercial Move Step #4: Finalize Move Plan

Your Logistics Coordinator should develop a final move plan that incorporates all aspects of planning, scheduling, and budgeting. The entire work process should afford you complete transparency throughout your relocation project, so you are an integral part of the move without doing any of the heavy lifting.

Successful Commercial Move Step #5: Project Move Team

Organization and coordination are the foundation to any successful move. Your on-site logistics team should provide real-time updates to you, and act as the liaison with the vendors needed to complete the project. To help you further narrow down your logistics management team options, get answers to these questions when you interview candidates…

Q1. DO YOU HAVE MOVE EXPERIENCE IN MY SPECIFIC INDUSTRY?

When interviewing relocation experts, you should determine whether this company has expertise within your specific industry.
Special handling and insight is required when moving delicate medical and IT equipment, expensive pianos, or irreplaceable art.
If your commercial relocation involves any unique capabilities and resources, don’t settle for anything less. Industries that have
special moving needs include laboratories and hospitals, hotels, restaurants and bars, and libraries and museums.

Q2. DO YOU STORE DOCUMENTS AND RECORDS?

A well-appointed commercial specialist should offer records storage and document management solutions, where records and files
can be kept safe and accessible.

Q3. DO YOU OFFER SHREDDING SERVICES?

A full-service commercial professional should offer shred-on-demand services, as well as weekly shredding programs where pick up
is included.

Q4. CAN YOU DISPOSE OF THE FURNITURE AND ELECTRONICS THAT THE OFFICE NO LONGER NEEDS?

A solid relocation expert should provide purge services, and remove old, unwanted items for you. You’ll want a sustainable recycling
partner to handle plastics, metals, wood, paper and e-waste accordingly.

Q5. ARE YOUR MOVING PRACTICES SUSTAINABLE?

A reputable commercial relocation expert should have many options for unwanted furniture and equipment that doesn’t involve a
landfill. From recycling to liquidation to donation, a commercial move should not hurt the earth.

Q6. CAN YOU COORDINATE OFFICE AND RESIDENTIAL RELOCATION FOR THE ENTIRE COMPANY?

For a commercial relocation that involves a great distance, look for a logistics management team that can handle all the relocation
needs of both company and employees alike. Why? A comprehensive move plan that can coordinate the office relocation along with
the employees’ residential moves will transfer everything at the same time to maximize efficiency and minimize downtime.
A commercial relocation is a major step for any business. Make it your business to hire the best full-service professional for the job.

FOR MORE INFORMATION, CONTACT:

ABOUT ARGOSY MANAGEMENT GROUP, LLC

Argosy Management Group (AMG) is a leader in office relocation and logistics project/move management. AMG services companies throughout the U.S.
and worldwide. AMG delivers a wide range of comprehensive services: move management and transition planning, space planning and furniture needs,
office and industrial relocation and liquidation, storage solutions and asset management, furniture disassembly and installation, and I.T./data center
relocation.
visit www.argosymg.com

In its Fourth Year, WCRE’s Thanksgiving Food Drive Brings A Community Together

Wolf Commercial Real Estate (WCRE) wrapped up its fourth annual Thanksgiving Food Drive today by delivering 130 bags of food and $1,200 in supermarket gift cards to the Jewish Family and Children’s Service food pantry.

As in previous years, the firm spent the past several weeks collecting food and grocery store gift cards from friends, clients, and colleagues throughout the region. More than thirty area businesses contributed to the effort.

“Over the course of just a few years, WCRE has become an integral charitable partner in our efforts,” said Marla Meyers, MSW, executive director of Samost Jewish Family and Children’s Services of Southern New Jersey. “We thank Jason Wolf and the entire WCRE team for their generosity and leadership today and throughout the year.”

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The food drive is part of WCRE’s Community Commitment program, which also includes donating a portion of the proceeds from every transaction to one of several local charities. In September the firm hosted its second annual celebrity charity hockey game, in which local business leaders played alongside several former Philadelphia Flyers. That event raised more than $65,000 that was shared among several local charities.

About WCRE

WCRE is a full-service commercial real estate brokerage and advisory firm specializing in office, retail, medical, industrial and investment properties in Southern New Jersey and the Philadelphia region. We provide a complete range of real estate services to commercial property owners, companies, banks, commercial loan servicers, and investors seeking the highest quality of service, proven expertise, and a total commitment to client-focused relationships. Through our intensive focus on our clients’ business goals, our commitment to the community, and our highly personal approach to client service, WCRE is creating a new culture and a higher standard. We go well beyond helping with property transactions and serve as a strategic partner invested in your long term growth and success.

Learn more about WCRE online at www.wolfcre.com, on Twitter & Instagram @WCRE1, and on Facebook at Wolf Commercial Real Estate, LLC. Visit our blog pages at www.southjerseyofficespace.com, www.southjerseyindustrialspace.com, www.southjerseymedicalspace.com, www.southjerseyretailspace.com, www.phillyofficespace.com, www.phillyindustrialspace.com, www.phillymedicalspace.com and www.phillyretailspace.com.

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WCRE is pleased to announce it has joined CORFAC International, a network of independently-owned, entrepreneurial commercial real estate firms with 78 collaborative offices worldwide.  Under the new arrangement, the five-year-old local firm will rebrand as WCRE/CORFAC International.

Though it bears a new name, the firm remains a full-service commercial real estate brokerage and advisory firm specializing in office, retail, medical, industrial and investment properties. It provides a complete range of real estate services to commercial landlords, tenants, investors, developers, banks, commercial loan servicers and companies.

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Download CORFAC International Printable Press Release in PDF>>>>

“Our alliance with CORFAC International provides a global network of resources and knowledge that will greatly benefit our clients,” said Jason Wolf, Managing Principal of WCRE. “We’ll be able to add those resources to our tradition of individualized service and cutting-edge marketing techniques.”

Wolf founded WCRE in early 2012 after 17 years of steady growth and success at a top national commercial real estate firm. Driven by a visionary team with a wide variety of expertise, WCRE quickly took its place among the market leaders.

“We’re happy to add WCRE to the CORFAC family,” said Ray Lyons, CORFAC International president and broker with Thomas L. Johnson Realty/CORFAC International in Toronto. “Their insights and expertise in the Philadelphia region will bring even stronger service to all of our clients.”

Founded in 1989, CORFAC International’s member firms provide a full range of brokerage services across the globe. “It is an honor to have Wolf Commercial Real Estate join the CORFAC family as our newest member firm,” said Jonathan Salk, Executive Director of CORFAC International.

“WCRE is well recognized and respected as the top independent commercial real estate company in the Philadelphia and South Jersey region. Their strong full-service team with years of experience locally, regionally and nationally will be a fantastic addition to our CORFAC network,” Salk added.

“CORFAC is an excellent fit for our regional and national practices in office, retail, healthcare, and industrial properties,” said Anthony Mannino, vice president for corporate strategies at WCRE.

Learn more about Wolf Commercial Real Estate at www.wolfcre.com and CORFAC International at www.corfac.com.

About WCRE

WCRE is a full-service commercial real estate brokerage and advisory firm specializing in office, retail, medical, industrial and investment properties in Southern New Jersey and the Philadelphia region. We provide a complete range of real estate services to commercial property owners, companies, banks, commercial loan servicers, and investors seeking the highest quality of service, proven expertise, and a total commitment to client-focused relationships. Through our intensive focus on our clients’ business goals, our commitment to the community, and our highly personal approach to client service, WCRE is creating a new culture and a higher standard. We go well beyond helping with property transactions and serve as a strategic partner invested in your long term growth and success.

Learn more about WCRE at www.wolfcre.com, on Twitter & Instagram @WCRE1, and on Facebook at Wolf Commercial Real Estate, LLC. Visit our blog pages at www.southjerseyofficespace.com, www.southjerseyindustrialspace.com, www.southjerseymedicalspace.com, www.southjerseyretailspace.com, www.phillyofficespace.com, www.phillyindustrialspace.com, www.phillymedicalspace.com and www.phillyretailspace.com.

About CORFAC International

Established in 1989, CORFAC International (CORFAC) is comprised of privately held entrepreneurial firms with expertise in office, industrial and retail brokerage, tenant and landlord representation, investment sales, multifamily, self-storage, acquisitions and dispositions, property management and corporate services. Founded in 1989, CORFAC has 48 firms in the U.S., four in Canada and 26 in international markets, including Colombia, France, Germany, Ireland, Israel, Italy, Mexico, Romania, Russia, South Africa, South Korea, Switzerland and the United Kingdom. CORFAC firms completed more than 11,000 lease and sales transactions totaling 550 million square feet of space valued in excess of $8.5 billion in 2015. Learn more at www.corfac.com or on Twitter at @CORFACIntl.

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ADDITIONAL COVERAGE FOR GREEN PROPERTY OWNERS/TENANTS

By Brian Blaston, Hardenbergh Insurance Group – September 25, 2015

So, you’ve decided to go green by buying or renting a LEED-certified building for your business. In addition to a reputational boost for taking strides to help the environment, you will likely also be saving on heating and electricity costs. The next step is to look at your insurance policies and make sure your investment is protected, and that you are covered for the perils associated with green properties and buildings.

Because going green is a still a relatively new phenomenon, your commercial general liability (CGL) policy probably does not specifically address these risks or indicate whether or not they are covered. It is always best to take a close look at your policy to determine if your plans to go green cause any changes. Learn about additional coverage options for green buyers or renters here.

UPGRADE-TO-GREEN

Maybe you want to go green but are not ready or able to fully convert yet. One option that is becoming more common is green upgrade property coverages. These policy additions would allow you to upgrade to a green-certified level in the event of a physical property loss. Update-to-green coverage benefits you because your building has the potential to be even more efficient after a loss, and it puts you at a lower risk of filing construction defect claims in the future because of the rigorous and careful LEED certification process.

BREACH OF WARRANTEE/BREACH OF CONTRACT

Though a typical CGL policy will cover you for bodily injury, property damage liability and personal injury, breach of warranty and breach of contract are generally excluded. However, when you are a tenant in or an owner of a green- certified building, these are two or the most important kinds of coverages to have.

One of the most common claims against property owners or managers is that after construction or years down the road, the green building is not living up to promised standards. The building may not qualify for the LEED certification level promised, or savings on energy may not be as high as marketing and advertising materials guaranteed. You will need additional coverage beyond your CGL policy to protect yourself in this case.

Similarly, problems with tax credits and incentives will require breach of warrantee or breach of contract coverage. If a developer or owner tells you, the prospective buyer or tenant, that they will be able to get a certain number of carbon credits and later cannot deliver, you will need proper coverage to retain the promised return on investment. The amount of necessary coverage will depend on how energy efficient the building is or strives to be.

COVERAGE FOR NON-PERFORMANCE INVESTIGATIONS

If a problem ever arises with your green building, you will need to find out who is at fault—the design professional, developer, owner or contractor. Doing so will require extensive testing of the building and its systems to figure out why it is performing under the promised standard. As CGL policies are crafted now, the cost of this investigation may not be covered. CGL policies usually require an occurrence or event—a specific incident where damages happened—to respond. In most green building cases, there is no damage to the structure, it just does not perform as efficiently or effectively as the contract specifies. Therefore, you should consider adding extra protection to your policy that would pay for the cost of finding the at-fault party, which can get extremely expensive if it requires looking into design and construction elements.

NEW COVERAGES EMERGING

Green building is still making its way into the insurance world. There are still grey areas, and insurers are debating whether green buildings add extra perils or reduce risks overall. Some carriers are even beginning to offer discounts for those businesses who decide to become more environmentally responsible. When in doubt about what aspects of your green building investment are covered, turn to Hardenbergh Insurance Group for guidance. Call (856) 489-9100 today to make us part of your initiative to go green.

For more information, contact

Brian Blaston
Commercial Lines – Manager
Hardenbergh Insurance Group
phone: 856.489.9100 x 139
fax: 856.673.5955
email: brianb@hig.net
www.hig.net