UPCOMING LEASING GROUP PROGRAMS
Current Look at Environmental Issues in Industrial (or any Commercial) Leases
Presented by Industrial Leasing Committee
Tuesday, January 27, 2015
4:00-5:00 pm CT | 5:00-6:00 pm ET
Dial in number: 866/646-6488
Participant Pass code: 947 910 9954
Please plan to call in for this informative program!
PAST LEASING GROUP CONFERENCE CALLS
December 4, 2014
Presented by the Office Leasing Committee
Fundamentals of Data Center Leases
David Orwick, a Partner at Thompson Coburn LLP, will provide an introduction to data center leases and the key distinctions between these documents and other types of leases. Topics to be covered include: overview of data centers, types of users, lease structures, key provisions, distinctions between data center leases and other leases, and service level agreements.
Materials: http://apps.americanbar.org/webupload/commupload/RP259000/newsletterpubs/Fundamentals.DataCenterLeases.pdf">Fundamentals of Data Center Leases (PDF)
October 23, 2014
Nuts and Bolts of Leases: III. On-going Obligation - Monetary Aspect
Going back to the roots of the Nuts and Bolts program, we are running through the “big picture” of a lease agreement, and over the course of the series fully cover each of the major provisions contained in a lease and discuss how these provisions affect both landlord and tenant.
This month, we will discuss “On-going Obligation – Monetary Aspect.” Howard R. Majev, Saul Ewing LLP, Baltimore, MD, will speak on the Landlord’s side. Karen Nashiwa, Folawn Alterman & Richardson LLP, Portland, OR, will speak on the Tenant’s side.
Topic: On-going Obligation- Monetary Aspect
- Rent: Various rent structures (Triple Net, Gross, Base Years) for various lease types and common adjustment methods.
- CAM issues for various lease types; Percentage Rent.
- Security: Deposits, Letters of Credit, Guarantees.
Speakers: Howard R. Majev, Saul Ewing LLP, Baltimore, MD; Karen Nashiwa, Folawn Alterman & Richardson LLP, Portland, OR
October 29, 2014
Presented by the Retail Leasing Committee
Foundations and Fridges and Floors, Oh My!
Determining Whether a Building Element is Structural
Speakers: Howard Nagelberg, Barack Ferrazzano Kirschbaum & Nagelberg LLP, Chicago, Illinois; Ruth Schoenmeyer, Pircher, Nichols & Meeks, Chicago, Illinois; Henry N. Pharr III, Horack, Talley, Pharr & Lowndes, P. A., Charlotte, North Carolina
The speakers will discuss the potential perils associated with drafting a lease that does not include a definition of – or a method to be used in determining – which elements of a building are structural.
September 23, 2014
Speakers: Debbie J. Moench and Marie A. Moore, Sher Garner Cahill Richter Klein & Hilbert, LLC, New Orleans, LA
Resources and Materials:
- http://www.americanbar.org/content/dam/aba/multimedia/real_property_trust_estate/rp259000/rpte_cmte_rp259000_leasing_group_2014_09_23.mp3">Audio File 6.1mb | MP3 Format] - Member Only
- http://www.americanbar.org/content/dam/aba/publications/probate_property_magazine/v27/06/2013_aba_rpte_pp_v27_6_november_december_the_last_word.pdf">The Last Word (P&P, 2013, V27, No 6)
- http://www.americanbar.org/content/dam/aba/publications/probate_property_magazine/v26/05/2012_aba_rpte_pp_v26_5_september_october_article_moore_windstorms_tornadoes_and_floods.pdf">Windstorms, Tornadoes, and Floods, Oh My! (P&P, 2012 V26, No 5)
- http://www.americanbar.org/content/dam/aba/publications/probate_property_magazine/V22/05/2008_aba_rpte_pp_v22_5_september_october_article_moore_indemnification_provisions_in_leases.pdf">Indemnification Provisions in Leases: What We Ask for and What Really Matters (P&P, 2008, V22, No 5)
- http://www.americanbar.org/content/dam/aba/administrative/real_property_trust_estate/committee/rp2590000/2014_article_moore_new_insurance_forms_mean_more_risks_for_liability_policy_additional_insureds.pdf">New Insurance Forms Mean More Risks (and Drafting Issues) for Liability Policy Additional Insureds
June 25, 2014
Nuts and Bolts of Leases: I: The Lease’s Most Basic Terms: Parties and Premises
In June, we discussed “The Lease’s Most Basic Terms: Parties and Premises.” Our discussion will focus on the Parties to the Lease: Land lord, Tenant, Guarantors and (indirectly) Mortgagees. Our speakers will discuss the basic motivations and core concerns of the parties, the nature of the landlord – tenant relationship and whether the lease is a contract or a demise of an interest in land. The speaker will also discuss issues related to properly describing the lease hold premises. Finally, the speaker will note the importance of confirming proper execution formalities.
Speaker: Ben Weinstock, Ruskin Moscou Faltischek, P.C., Uniondale, NY
August 20, 2014
Nuts and Bolts of Leases II: Term, Renewal Terms; Use; Exclusive Use; Various Options
Continuation of the August 2014 discussion on “Term, Renewal Terms; Use; Exclusive Use; Various options (expansion, contraction).”
Nick Mann, at attorney with Bradley Arant Boult Cummings LLP in Nashville, TN, spoke from the Tenant’s perspective. Noble F. Allen, a partner with the law firm of Hinckley Allen in Hartford, CT, spoke from the Landlord’s side.
May 20, 2014
Assignment and Subletting Committee
Nuts and Bolts of Leases: Anatomy of a Sublease
As part of the Leasing Group’s Nuts and Bolts series, the Assignment and Sublet Committee is presenting the fifth in its Anatomy of a Sublease series. For this session the participants will discuss incorporation by reference, a topic that can flummox the best of us. The panelists will discuss what should be incorporated, what shouldn’t be incorporated, and the grey areas. Incorporation requires a great deal of thought and depends in part on the situation (is this a partial sublease or a sublease of the entire premises) and the nature of the over lease (is it tenant-friendly or landlord-friendly). The panelists will walk us through the process and, among other things, answer the question: Can you incorporate half a sentence?
Panelists: Ira Meislik, Managing Principal, Meislik & Meislik, Montclair, NJ; Andrew Green, Partner, Kelley Drye & Warren LLP, New York, NY; and moderator Jack S. Levey, Plunkett Cooney, Columbus, OH
http://www.americanbar.org/content/dam/aba/multimedia/real_property_trust_estate/rp259000/rpte_cmte_rp308000_assignment_and_subletting_2014_05_20.mp3">Audio File 6.3mb | MP3 Format]
April 8, 2014
Shedding New Light on Lease Terms
Richard Frome, Marie Moore and Andrew Gardner will draw on an Emerging Issues and Specialty Lease Committee glossary project to lead a discussion of selected lease terms, staring with “force majeure.”
February 26, 2014
Nuts and Bolts of Leasing: Repairs and Maintenance Clauses
Speaker: Jim Henegan, Ruben, Firsel & Ross, LLC, Bannockburn, Illinois, will discuss Repairs and Maintenance Clauses.
The following materials are posted below under the Nuts & Bolts of Leases Materials:
- Introduction to Repairs and Maintenance Obligations in Leases;
- Tenant Form Repair and Maintenance Provisions;
- Landlord Form Repair and Maintenance Provisions;
- Office Form Repair and Maintenance Provisions.