Ground Leases: Key Negotiated Provisions, Financing Issues, Monetary vs. Non-Monetary Breaches, Additional Rents and the Valuation of Improvements
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE course will explore the inner-workings of ground leases. The panel will discuss various issues related to key negotiated provisions, financing, monetary vs. non-monetary breaches, how additional rents are determined, and how and when a valuation of leasehold improvements (often, a building) is determined.
- Introduction to ground leases
- What are the key negotiated terms
- Term/extensions/early termination rights
- Due Diligence
- Assignment and subletting
- Rent and capital events
- Financing issues
- Ground lessor defaults
- Ground lessee defaults
- Improvement valuation
The panel will review these and other important issues:
- How can landlord's counsel secure a client's fee interest and ensure oversight of replacement tenants when a ground lessee defaults on its mortgage?
- What protections should the tenant's counsel seek in the ground lease if the landlord/owner defaults?
- How are monetary vs. non-monetary (failure to build improvements) handled in a ground lease?
- How best can additional rent be determined in ground leases as it relates to defaults?
- How is the valuation of improvements addressed in a defaulted ground lease?
Douglas M. Bregman
Bregman Berbert Schwartz & Gilday
Mr. Bregman has maintained a general civil law practice for over 35 years focusing on transactional real estate and... | Read More
Mr. Bregman has maintained a general civil law practice for over 35 years focusing on transactional real estate and business representation; mediation and arbitration; civil litigation; and receiverships, trusts and estates. Mr. Bregman's areas of concentration include: commercial real estate purchase and sale agreement preparation, negotiation, due diligence and settlement; commercial lease drafting and negotiation; civil litigation; business representation; and transit-oriented development negotiation and documentation. Mr. Bregman is an adjunct professor at Georgetown University Law Center and Columbia Law School.Close
Lisa M. Zana
Shipman & Goodwin
Ms. Zana’s commercial real estate clients are situated throughout the U.S. with a focus on New York’s... | Read More
Ms. Zana’s commercial real estate clients are situated throughout the U.S. with a focus on New York’s tri-state area, and include private developers, public companies, institutional owners, banks, and lessees of millions of square feet of real estate across the country in the luxury residential, mixed-use, retail, commercial office, data centers and colocation facilities, hotel and hospitality, healthcare and higher education industries. Her specific experience and areas of focus include: representing public and private companies that use millions of square feet of real estate, in negotiating build-to-suit and credit-tenant office leases, development agreements and state tax incentive agreements; acquiring, selling, financing and leasing data centers and colocation facilities; negotiating ground leases; negotiating retail leases on behalf of developers and the end retail users; arranging for and negotiating debt and equity financing; and negotiating corporate- and property-level acquisitions and sales.Close