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
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.
- Current trends in rooftop leasing
- Practical considerations in structuring a rooftop lease deal
- Lease, license or easement?
- Negotiating and drafting key lease provisions
- Utility easements, staging areas, parking and access
- Term and rental
- Escrows, bonds and other security
- Casualty and condemnation
- Compliance with laws and maintenance issues
- Options to purchase and rights of first refusal
- End of term obligations
- Defaults and termination rights
- Assignment and sublease
- Financing issues
- Litigation considerations
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?
Stephen A. Kisker
Chiesa Shahinian & Giantomasi
Mr. Kisker advises on all facets of commercial and residential real estate acquisition, development, financing,... | Read More
Mr. Kisker advises on all facets of commercial and residential real estate acquisition, development, financing, redevelopment, management and disposition. He also assists end users, contractors, developers, investors and lenders in the sale, purchase, structuring and development of renewable energy projects. Mr. Kisker provides experienced counsel on all aspects of renewable energy projects, including: PPAs; engineering, procurement and construction agreements; site leases and licenses; SREC contracts; operation and maintenance contracts; joint venture agreements; and asset purchase agreements.Close
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
Mr. Treiman is Chair of the firm’s Landlord-Tenant Civil Litigation Practice. As one of the leading authorities in the landlord-tenant bar, Mr. Treiman’s drafting of appellate briefs, legal documents and motions has increased the ability of the firm to garner better results for its clients. Mr. Treiman has written over 80 volumes on the subject of landlord-tenant law and has often been quoted as authority in decisions written by the various courts and by other legal commentators.Close