American Bar Association
 
RP LEASING GROUP

ABA Section of Real Property, Trust & Estate Law

RP LEASING GROUP

WHO WE ARE

The Leasing Group is a dynamic, active and enthusiastic ensemble of six substantive leasing Committees, i.e. Retail Leasing, Office Leasing, Industrial and Warehouse Leasing, Ground Leasing, Emerging Issues and Specialty Leases, and Assignment and Subletting. Although each Committee is substantively independent, there is significant interaction between the Committees and their respective members. Throughout the year, each Leasing Group Committee conducts a one hour substantive telephonic program on a leasing "hot topic" germane to the Committee's focus. These calls are free and open to all members of the Leasing Group. The 2011-2012 of Group and Committee conference calls, together with the call-in information, is set out below (together with specifics on upcoming calls).

In addition to the scheduled Committee programs, members of the 6 Leasing Group Committees attend and actively participate in presentations on leasing topics at the RPTE's Annual Spring Symposia in New York in May 2012. Members also contribute articles on current leasing topics to various ABA publications. Membership in one of the Leasing Group's Committees provides a multitude of benefits, including expanding one's network of business colleagues and friends, marketing you and your law firm to a large, national audience of real estate attorneys, and obtaining leasing trends, insights and practice tips from a broad geographic spectrum of experienced real estate attorneys.

Substantive legal issues in real estate leasing continue to evolve even in today's real estate market. Keeping apprised of current legal issues in the leasing community and the variety of responses to these leasing issues is a primary benefit of membership in the Leasing Group. Membership in the Leasing Group will enhance your leasing expertise. We invite you to become an active participant in our Group and its Committees.

Join Our Discussion Board!

Upcoming Leasing Group Conference Calls

UPCOMING LEASING GROUP CALL

~ April 8, 2014, 3:00 – 4:00 p.m. CT; 4:00 - 5:00 p.m. ET~

Dial-in phone #: 866-646-6488, Passcode: 557 741 9753

SHEDDING NEW LIGHT ON LEASE TERMS. Richard Frome, Marie Moore and Andrew Gardner will draw on an Emerging Issues & Specialty Leases Committee glossary project to lead a discussion of selected lease terms, starting with “force majeure.” It is sure to be a lively session!

Materials

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PAST LEASING GROUP CONFERENCE CALLS

Nuts and Bolts of Leasing: February 26, 201

~ Repairs and Maintenance Clauses ~

Date: February 26, 2014

Time: 3:00 p.m. – 3:30 p.m. Central

4:00 p.m. – 4:30 p.m. Eastern

2:00 p.m. – 2:30 p.m. Mountain

1:00 p.m. – 1:30 p.m. Pacific

Call-in number: 866-646-6488
Participant Passcode: 557 741 9753

The Leasing Group will hold its next call in the series, “The Nuts and Bolts of Leases” on February 26, 2014. Speaker Jim Henegan from Ruben, Firsel & Ross, LLC of Bannockburn, Illinois, will discuss Repairs and Maintenance Clauses.

The following materials are posted below under the Nuts & Bolts of Leases Materials:

1) Introduction to Repairs and Maintenance Obligations in Leases;

2) Tenant Form Repair and Maintenance Provisions;

3) Landlord Form Repair and Maintenance Provisions;

4) Office Form Repair and Maintenance Provisions.

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January Leasing Group Call: January 16, 2014

~ presented by Industrial Leasing Committee ~

Date: January 16, 2014

Time: 4:00 pm - 5:00 pm CDT

5:00 pm - 6:00 pm EDT

3:00 pm - 4:00 pm MDT

2:00 pm - 3:00 pm PDT

Call-in Number: 866-646-6488

Participant Passcode: 557 741 9753

LEGAL AND BUSINESS ISSUES IN
DATA CENTER LEASES AND SERVICE LEVEL AGREEMENTS

The leasing of data center and colocation space is no ordinary leasing transaction. These facilities have exacting technical requirements that related to power, cooling, fiber access, fire protection, security and other technical and operational issues and the assurances given in agreements and these issues affect many other provisions of the agreements. Jeffrey Moerdler, a real estate attorney with a 25 year specialty in data center and other telecom real estate matters, will discuss the legal and business issues in data center leases and colocation agreements.

Materials for the call are posted below under Leasing Group Call Materials.

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NOVEMBER LEASING GROUP CALL - NOVEMBER 21, 2013

Date: November 21, 2013

Time: 3:00 p.m. – 4:00 p.m. CDT; 4:00 p.m. – 5:00 p.m. EDT

Call-in number: 866-646-6488
Participant Passcode: 557 741 9753


Insights from the Litigation Side

Peter Sales from Bradley Arant Boult Cummings will provide a litigator’s perspective on key lease provisions, including default and remedy provisions, and offer examples and suggestions on drafting. Other panelists will include Andy Gardner, McDonald Hopkins and Scott Fielding, Sherrard & Roe, PLC.

Materials for the call are posted below under Leasing Group Call Materials.

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Leasing Group October 2013 Call - October 30, 2013

NUTS & BOLTS OF LEASING

SPECIAL ISSUES IN COMMON AREA MAINTENANCE PROVISIONS

Wednesday, OCTOBER 30, 2013

1:30-2:00 pm Eastern

12:30-1:00 pm Central

11:30 am-12:00 pm Mountain

10:30-11:00 am Pacific

Dial in number: 866/646-6488

Participant Pass code: 5577419753

The Leasing Group will hold its next call in the series, “The Nuts and Bolts of Leases” on October 30, 2013. Andy Gardner from McDonald Hopkins LLC, Cleveland, Ohio will discuss special issues in Common Area Maintenance Clauses including, Audit Provisions, Gross-Up Clauses, lesser known Exclusions from Common Area Maintenance Charges, “CAM Caps” and Exclusions from Caps.

Materials for the call are posted below under Nuts & Bolts of Leases: Materials.

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SEPTEMBER LEASING GROUP CALL - September 25, 2013

DEALING WITH DISPUTE RESOLUTION:

Tips for Drafting Arbitration Provisions in Leases

On September 25, 2013 at 5:00 ET (4:00 CT, 3:00 MT, and 2:00 PT), Ground Leasing Committee of the Leasing Group will present a one hour webinar on “Dealing With Dispute Resolution: Tips for Drafting Arbitration Provisions in Leases.”

Date: September 25, 2013

Time: 5:00 ET, 4:00 CT, 3:00 MT, 2:00 PT

Dial in number: 866/646-6488

Participant Pass code: 557 741 9753

The panel will discuss arbitration provisions in leases and tips for drafting. The discussion will include use of appraisers and mediators and/or other alternative dispute resolution methods to resolve lease disputes. Sample arbitration provisions will be provided for discussion and participants will exchange ideas, suggestions and comments regarding best practices for drafting a detailed alternative dispute resolution provision best suited for their particular transaction.

Our panel of experts will include:

- Pat Sharkey, Jackson Walker, L.L.P., Houston, Texas,

- Arthur Mazirow, Los Angeles, California,

- Deborah J. Moench, Sher Garner Cahill Richter Klein & Hilbert, L.L.C., New Orleans, Louisiana.

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AUGUST CALL

NUTS & BOLTS OF LEASING – INSURANCE ISSUES

Wednesday, August 28, 2013

1:30-2:00 pm Eastern

12:30-1:00 pm Central

11:30 am-12:00 pm Mountain

10:30-11:00 am Pacific

Dial in number: 866/646-6488

Participant Pass code: 5577419753

The Leasing Group will hold its next call in the series, “The Nuts and Bolts of Leases” on August 28, 2013. Speaker Arthur E. Pape from The Pape Law Firm will discuss TOP 10 INSURANCE ISSUES FOR PEOPLE WHO PREPARE AND WORK WITH LEASES.

Mr. Pape will present his list of key issues including a discussion of the Waiver of Subrogation, Anti-Indemnity Statutes, the definition of an “occurrence” and the use of the term in leases, how to name a Landlord as an additional insured and other issues (I don’t want to give away his top 3).

Materials for the call are posted below under Nuts & Bolts of Leasing: Materials.

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July 17, 2013 - RETAIL LEASING COMMITTEE

5:00 ET (4:00 CT, 3:00 MT, and 2:00 PT)

Dial in number: 866/646-6488

Participant Pass code: 557 741 9753

Windstorms and Earthquakes and Floods, Oh My!

Lessons Learned from Sandy and Other Natural Disasters

Have you noticed a surge of severe weather news recently? Has it made you wonder if your clients are adequately protected or what to do for a client if a tornado, hurricane, earthquake or fire should strike?

On July 17, 2013 at 5:00 ET (4:00 CT, 3:00 MT, and 2:00 PT) we will present a one hour webinar on the impact of natural disasters on commercial real estate, with a special focus on retail, and what you can and should do as a result.

Our panel of experts will include:

· Steven D. Cohen, Associate General Counsel of Verizon in Basking Ridge, New Jersey, who will discuss recent case law developments.

· Deborah Moss, Consultant to and Manager of Host Hotels & Resorts’ restaurant portfolio, from Palm Coast, Florida, who will discuss the real life impact of these natural disasters on actual sites and their practical solutions.

· Nicholas M. Insua, Partner at McCarter & English’s Newark, New Jersey office, who will discuss business interruption insurance and how it has changed in the wake of recent widespread claims.

Call Materials are posted below under Leasing Group Call Materials.

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NUTS AND BOLTS OF LEASING CALL: SIGNAGE

June 26, 2013, 12:30-1:00 CT (1:30-2:00 ET, 11:30-12:00 MT, and 10:30-11:00 PT)

Dial in number: 866/646-6488

Participant Pass code: 557 741 9753

The Leasing Group will hold its next call in the series, “The Nuts and Bolts of Leases” on June 26, 2013. Speakers Soo Yeon Lee of Gordon & Centracchio, L.L.C., Chicago, Illinois and Andy Gardner of McDonald Hopkins LLC, Cleveland Ohio will discuss the signage provisions in leases focusing on: approval contingencies, the differences in tenant’s requirements in retail, office and commercial settings and some of the unique problems that complying with signage requirements (and receiving third party governmental approvals) can cause landlords and tenants.

Material for the call is posted below under "Nuts & Bolts of Leases: Materials."

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WORK LETTERS AND TENANT BUILD OUT (OFFICE LEASING COMMITTEE)

Wednesday, May 22, 2013, 4:00 - 5:00 PM CT Dial-in phone#: 866-646-6488, Passcode: 5577419753#

This one (1) hour call will focus on the different arrangements available to both parties in building out a tenant's office space. Speaker Anthony Casareale of Di Santo Bowles Bruno & Lutzer in Miami will cover the different types of work letters and the associated risks to landlords and tenants, with a particular focus on the risks to both parties when a landlord agrees to build out the space per approved plans but caps its expenditures.

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ANATOMY OF A SUBLEASE

May 21, 2013

Call Time: 4:00pm CT/5:00pm ET/2:00 pm PT

Dial in number: 866/646-6488
Participant Pass code: 5577419753

Anatomy of a Sublease: This is the fourth in a series of discussions sponsored by the Assignment and Sublet Committee on the anatomy of a sublease. For this session the participants will discuss certain base rent incorporation issues and the typical treatment of operating expenses and real estate taxes in subleases, including simple pass-throughs, pass-through of escalations coupled with adjustment of base years, audit rights, and allocation of refunds of operating expenses and real estate taxes.

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Leasing Group Call Schedule:

The Leasing Group conducts FREE hour-long calls on substantive issues relating to leases throughout the ABA year. The Committee Conference Calls last 60 minutes. Each call commences at 5:00 p.m. ET, 4:00 p.m. CT, 3:00 p.m. MT, and 2:00 p.m. PT. Call-in information for each call will be circulated and posted for each call. The following calls are currently scheduled: Ground - September 25, 2013; Office - November 2013; Industrial - January 2014; Emerging Issues - March 2014; Assignment and Subletting - May 2014; and Retail - July 2014.

In addition to our Group calls, the Leasing Group presents the "Nuts and Bolts of Leases." “The Nuts and Bolts of Leases” is a bi-monthly conference call series designed to provide newly practicing lawyers, as well as those new to the leasing field, with a basic understanding of lease provisions and their sometimes unique application to various types of leases. Over the course of the series, the speakers will fully negotiate a commercial lease, from a landlord’s and tenant’s perspective, so that attendees may gain an understanding of the relevant issues. If you would like to get involved in the Nuts and Bolts committee, please email Andy Gardner at agardner@mcdonaldhopkins.com.

Section Programs, Meetings and Events

Section Events
April 16, 2014
Location: N/A
Format: Webinar/Teleconference

April 17, 2014
Location: N/A
Format: Webinar/Teleconference

April 22, 2014
Location: N/A
Format: Webinar/Teleconference

Leadership

Chair:  Marie Antoinette Moore

Council Representative:  Jo-Ann Marzullo

Vice-Chair:  Scott William Dibbs

Committee Roster (384 total members)

Listserves

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Leasing Group Discussion list serv
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Modified by Adam Bielawski on April 7, 2014

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