Unique Lease Issues: Drafting Lease Memorandums, Work Letters, Exclusive Uses, and CAM Provisions
Limiting Liability for Landlords and Tenants in Options to Purchase and Rights of First Refusal
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE webinar will advise landlord and tenant counsel on drafting specific provisions of a commercial lease that are often ignored. The panel will address when and what to include in memoranda of a lease, aspects of utilizing a memorandum that can protect the tenant, and how a landlord can mitigate risks to the title once recorded. The panel will also provide advice on drafting brief, but comprehensive work letters, how to incorporate enforceable exclusive use provisions, and minimum requirements for a common area maintenance provision.
Outline
- Commercial lease exhibits and provisions
- Memorandums of lease
- Landlord considerations
- Clouded title
- Tenant considerations
- Landlord considerations
- Work letters
- Design and permitting
- Construction contracting and supervision
- Scheduling delays
- Change orders
- CAM
- Memorandums of lease
- Best practices
Benefits
The panel will discuss these and other important topics:
- How can a memorandum of lease protect the landlord's and tenant's interests?
- What are the most significant issues in a work letter for the landlord? For the tenant?
- How can CAM be determined to address the potentially catastrophic needs of the property?
Faculty
Caitlin Nevin
Attorney
K&L Gates
Ms. Nevin represents real estate clients across an array of transactions, including acquisitions, disposition,... | Read More
Ms. Nevin represents real estate clients across an array of transactions, including acquisitions, disposition, financings, leases, ground leases, development, joint ventures, and obtaining economic incentives. She has particular experience representing clients in the renewable energy sector on development projects, as well as in the healthcare, retail and hospitality industries. Ms. Nevin also has experience in mergers and acquisitions and finance, and works with the firm’s corporate/M&A and asset and corporate finance groups on asset acquisitions.
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Larry N. Woodard
Partner
K&L Gates
Mr. Woodard has experience in virtually every facet of real estate law, representing such diverse clients as Fortune... | Read More
Mr. Woodard has experience in virtually every facet of real estate law, representing such diverse clients as Fortune 500 companies, public and private REITs, family offices, private equity funds, pension funds, developers, regional and national banks, institutional investors, special servicers, institutions of higher education, units of local government, contractors, subcontractors, material suppliers, landlords, tenants, condominium associations, property managers, receivers, and real estate brokers across the U.S. He handles complex matters involving multiple parties, properties, and sources of capital in the development, construction, leasing, management, financing, zoning, acquisition, and disposal of their real estate interests. Mr. Woodard’s diverse practice includes virtually all asset classes, such as mixed-use developments, adaptive reuse developments, urban and suburban office complexes, shopping malls and retail centers, hotels and resorts, hospitals, senior housing, master-planned communities, wind and solar farms, and industrial and manufacturing facilities.
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