Green Leases: Evolving Legal Issues for Commercial Landlords and Tenants

Negotiating and Crafting Environmentally Friendly Lease Terms

Recording of a 90-minute CLE webinar/teleconference with Q&A


Conducted on Thursday, March 4, 2010
Recorded event now available


This CLE webinar will prepare counsel to understand, negotiate and craft commercial leases with provisions focused on energy and environmental goals. The panel will examine green provisions commonly used and the potential legal risks for landlords and tenants entering into leases that require environmental compliance.

Description

Commercial tenants are increasingly demanding rental space with environmental features, forcing landlords to draft new leases and modify existing leases to incorporate green design and construction components.

Green leasing is a relatively new phenomenon and presents a number of unique challenges. However, little guidance exists on crafting green leases. Careful negotiation and drafting is critical to ensure leases anticipate and address potential areas of dispute between a commercial landlord and tenant.

Listen as our authoritative panel of real estate attorneys explains the common provisions and potential legal pitfalls for landlords and tenants in leases with provisions focused on environmental features. The panel will outline best practices for negotiating and crafting green leases for commercial property.

Outline

  1. What is a green lease?
  2. New construction versus existing buildings
  3. Common provisions in green leases
    1. Definition of “green”
    2. Construction and design provisions
    3. Allocation of costs provisions
    4. Operation and maintenance provisions
  4. Potential legal pitfalls in green leasing
    1. Obligations of landlords and tenants
    2. Remedies for default
  5. Best practices when crafting green leases

Benefits

The panel will review these and other key questions:

  • What is the impact of local governments' continuing efforts to mandate energy efficiency in buildings on green leasing trends?
  • What laws and regulations currently govern a lease or building being defined as "green" or environmentally responsible?
  • How can commercial landlords craft leases that responsibly incorporate green building and maintenance concepts while minimizing costs, expense and legal risks?
  • What are the key environmental responsibility provisions that should be considered when developing real estate leasing agreements?

Faculty

Louise C. Adamson, LEED-AP ID&C, Partner
K&L Gates, San Francisco

She has substantial experience with real estate acquisition and disposition, leasing, financing, development and construction. She developed a first-of-its-kind green leasing program which integrates sustainable building practices and also tracks the LEED rating system through each stage of the lease negotiation process so that the lease itself facilitates LEED certification for the tenant space.

Ronald B. Grais, Partner
Jenner & Block, Chicago

He is a member of the firm's Real Estate and Climate and Clean Technology Law Practices. He concentrates his practice on zoning, tax increment financing and commercial and retail leasing. He represents developers, landlords, tenants and occasionally community groups in his real estate law practice.

Jacob Bart, Partner
Stroock & Stroock & Lavan, New York

He concentrates in real estate law, with particular emphasis on commercial leasing. He has represented landlords and tenants with respect to office, retail, and other lease and sublease transactions. He has negotiated major headquarters leases on behalf of tenants. On the lessors’ behalf, he has worked on significant leasing and subleasing transactions, including building-wide leasing programs.

Ordering

Recorded Event

Includes full event recording plus handouts (available after live seminar).

CLE: Pre-approved for self-study credit in AK, AZ, CA, CT*, MO, MT, NY*, TX, VT, WA. Upon request, self-study credit is also available in: CO, FL, GA, ID, KY, LA, ME, ND, NE, NH, NM, NV, OR, UT, WI, WV, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com. (*For CT and NY, Strafford needs to process the CLE — see below to purchase this option.)

MP3 Download (Audio with Slide PDFs) $297.00
Available 24 hours after the live event

How does this work?

Webinar Download (Slide Presentation with Audio) $297.00
Available three business days after the live event

How does this work?

CD (Audio with Slide PDFs) $297.00 plus $9.45 S&H
Available ten business days after the live event

DVD (Slide Presentation with Audio) $297.00 plus $9.45 S&H
Available ten business days after the live event

CLE Processing on Recorded Event $65.00


CLE on Live Event

Continuing Legal Education credit processing is available for an additional $65 per person per state in states where webinars and teleconferences are accredited.

This webinar is eligible for at least 1.5 general CLE credits, depending on state rules.

You may register for CLE credit processing before or after a program (application deadlines vary by state).  Exceptions: Pennsylvania attorneys must pre-register for CLE. Maine and Alabama attorneys please call 1-800-926-7926 ext. 10 for special instructions.

CLE credits are not available for DE, IN, KS, OH, and PR or for NY attorneys admitted within the last 2 years.

CLE Processing $65.00

How does this work?

Webinar/Teleconference

Strafford webinars/teleconferences offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

Program Materials

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Program Materials

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CLE Credit

Strafford's live seminars qualify for CLE in every state that accredits webinars. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.

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Customer Reviews

The program was very to the point — no fluff.

Brian McNamara

Wright Lindsey & Jennings

The teleconference addressed a highly relevant topic that recurs in my practice. The subject matter was very timely and informative.

Saleem Moghal

Paul Hastings Janofsky & Walker

A thoroughly professionally structured and presented program.

Roy Gowey

City of Coeur d'Alene

Content was superb.

Patrick Webb

Webb & Carey

Speakers were knowledgeable enough to talk about the subject matter in an easily digestible manner.

Daniel M. Cleary

Gotham Insurance/New York Marine & General Insurance

Real Estate Law Advisory Board

David A. Barksdale

Partner

Ballard Spahr Andrews & Ingersoll

Jacob Bart

Partner

Stroock & Stroock & Lavan

Brian W. Blaesser

Partner

Robinson & Cole

Ronald B. Grais

Of Counsel

Jenner & Block

Ren R. Hayhurst

Partner

Bryan Cave

Thomas C. Homburger

Partner

K&L Gates

Michelle A. Neumann

Attorney at Law

Jordan Schrader Ramis

Susan C. Tarnower

Attorney

McGuire Woods

Clark T. Thiel

Partner

Howrey