Negotiating and Litigating Rooftop Leases: Deal Structures, Key Provisions, Subordination and Other Financing Considerations

Maximizing Opportunities to Monetize Rooftop Space for Telecom Equipment, Solar Energy, Green Space and Hospitality

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


Conducted on Wednesday, January 6, 2016

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will prepare real estate counsel to negotiate and draft rooftop leases that help minimize the likelihood of future legal disputes. The panel will examine lease provisions for counsel to landlords and tenants to negotiate and draft for currently existing and newly emerging uses of rooftop space. The panel will also outline potential legal pitfalls in drafting rooftop leases and most commonly litigated issues with strategies for avoiding them.

Description

Leasing rooftop space for telecommunications and renewable energy equipment is a high value source of revenue for owners of commercial buildings. While these lease arrangements can be lucrative, parties entering into these agreements must consider a number of important legal and business issues.

During rooftop lease negotiations, counsel must carefully craft lease provisions to ensure that leases anticipate and address potential areas of dispute. For example, counsel should carefully review whether to enter a license agreement rather than a lease; the scope of the equipment to be installed; payment structures; lighting and marking obligations; lease restrictions; permit and approval requirements; and provisions regarding representations, alterations, access and relocation, among other issues.

Listen as our authoritative panel experienced in negotiating and drafting rooftop leases and litigating leasing disputes outlines their best practices and experiences. The panel will examine lease provisions commonly included in rooftop leases and point out potential legal pitfalls facing landlords and tenants.

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Outline

  1. Current trends in rooftop leasing
  2. Practical considerations in structuring a rooftop lease deal
  3. Lease, license or easement?
  4. Negotiating and drafting key lease provisions
    1. Utility easements, staging areas, parking and access
    2. Term and rental
    3. Escrows, bonds and other security
    4. Casualty and condemnation
    5. Compliance with laws and maintenance issues
    6. Insurance
    7. Options to purchase and rights of first refusal
    8. End of term obligations
    9. Defaults and termination rights
    10. Indemnities
    11. Assignment and sublease
    12. Financing issues
  5. Litigation considerations

Benefits

The panel will review these and other key issues

  • What are the advantages and disadvantages of entering a rooftop license versus a rooftop lease?
  • What complex legal and business issues typically arise during rooftop lease negotiations?
  • What are the key provisions that should be considered when drafting rooftop leasing agreements?
  • What are some best practices for commercial landlords and tenants for resolving disputes arising from rooftop leasing arrangements?
  • What are the possible deal structures for rooftop leases?
  • What are some of the more common lease issues that lead to litigation?

Faculty

Kisker, Stephen
Stephen A. Kisker

Member
Chiesa Shahinian & Giantomasi

Mr. Kisker advises on all facets of commercial and residential real estate acquisition, development, financing,...  |  Read More

Dov Treiman, Esq.
Dov Treiman, Esq.

Adam Leitman Bailey

Mr. Treiman is Chair of the firm’s Landlord-Tenant Civil Litigation Practice. As one of the leading authorities...  |  Read More

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