Description
Understand how to identify and allocate risk both through the lease documents and operationally.A commercial lease seems simple enough on its face. The lease starts, the parties interrelate as needed during the term of the lease, and the lease ends. Nothing more to it, right? Understood in the full factual, financial, and legal contexts, however, there is much more to the story. Commercial leases operate in a riskladen environment to both landlords and tenants, although that is not necessarily a bad thing. The prospect of risk causes a landlord and a tenant to negotiate and then implement a variety of proactive and reactive risk management measures through the story told in the lease documents. This topic is intended to help you understand how to identify and allocate risk both through the lease documents and operationally. This content is also intended to explain the value of creating and implementing both proactive and reactive risk management measures in commercial real estate leasing activities, and the use of checklists to support those activities.
Date: 2019-11-19 Start Time: End Time:
Learning Objectives
The Nature of Risk
• Nature and Identification of Risk Generally
• Nature and Identification of Risk in Commercial Real Estate Leasing
• Specific Issues in: Retail Leases, Restaurant Leases, Office Leases, Build-To-Suit Leases, Vacant Land Leases
Proactive Risk Management
• Nature, Benefits, and Implementation
• Use of Checklists
Reactive Risk Management
• Nature of Risk-Shifting
• Insurance Lifecycle
• Contractual Allocations
Risk-Oriented Commercial Lease Language • Focusing on Allocations of Rights and Responsibilities/Duties
• Role of Letters of Intent
• Role of Due Diligence
• Tenant/Lessee (Including Franchisees)
• Premises (Including Common Areas)
• Term (Including Extensions, Renewals)
• Amounts Due (Including Deposits)
• Use (Including Permitted, Prohibited, Exclusive)
• Improvements
• Defects, Maintenance, Repairs, Inspections
• Environmental
• Indemnities, Insurance, Exculpation
• Transfers (Including Subleases, Assignments, Attornment, Security Interests, Mortgages, Subordination and Non-Disturbance Agreements)
• Guaranties
• Dispute Resolution
CLE (Please check the Detailed Credit Information page for states that have already been approved) ,Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.
Philip N. Kabler, Esq.-Bogin, Munns & Munns, P.A.
