Drafting Commercial Real Estate Leases: The Ins and Outs of Protecting Your Interests (#51625DVDCDR)

For a property manager or business owner, negotiating and drafting a commercial real estate lease can be daunting. Knowing the key provisions of a commercial real estate lease and how to effectively negotiate terms will allow you to enter into a beneficial contract in order to avoid potential problems.

These comprehensive reference materials will provide you with the skills you need to be a detail-conscious drafter of commercial real estate leases. You'll learn everything you need to know about drafting the different types of leases. Include important provisions so you don't leave yourself open to liability. Protect yourself, financially, by using various credit enhancements. Cover all the important operational issues, so you can ensure the property is properly taken care of. Establish risk management procedures, exit plans and default strategies and minimize the impact on you and your business. Take a look at the documents you'll need to be familiar with and address some of the less common issues that may arise. Don't miss this chance to update your knowledge.

1. Introduction to Drafting Commercial Leases
2. Basic Lease Provisions
3. Operational Issues to Include in Your Lease
4. Risk Management
5. Lease Exit Strategies
6. Default of Lease Contract
7. Other Issues
8. Documents Commonly Associated With the Leasing Process

CONTINUING EDUCATION CREDITS:   

Continuing Legal Education

Credit Hrs    State    Credit Approval Expiration
CLE 6.00           AK            12/07/2011
CLE 6.00           CA            12/07/2011
CLE 7.00           CO            12/07/2011
CLE 6.00           CT            12/07/2012
CLE 7.00           FL*            06/07/2011
CLE 6.00           GA            12/07/2010
CLE 6.00           ID            12/07/2011
CLE 6.00           IL            12/07/2011
CLE 6.00           ME            12/07/2011
CLE 6.00           MO            12/07/2011
CLE 6.00           MP            12/07/2011
CLE 6.00           MT            12/07/2011
CLE 6.00           ND            12/07/2011
CLE 6.00           NH            12/07/2011
CLE 6.00           NM            12/07/2011
CLE 6.00           NV            12/07/2011
CLE 6.00           OK            12/07/2011
CLE 6.00           OR            12/07/2011
CLE 6.00           PA            12/07/2010
CLE 6.00           TX            11/30/2010
CLE 7.20           VI            12/07/2011
CLE 6.00           VT            12/07/2011
CLE 6.00           WA            12/07/2011
CLE 7.20           WV            12/07/2011
CLE 6.00           WY            12/07/2012

* denotes specialty credits

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1. INTRODUCTION TO DRAFTING COMMERCIAL LEASES
   10:00 - 10:45, James C. Neeld
   1. Types of Leases
   2. Drafting Process
   3. Commercial Lease Checklist
2. BASIC LEASE PROVISIONS
   10:45 - 11:30, James C. Neeld
   1. Description of Premises
   2. Expansion and Contraction Options
   3. The Term of the Lease
   4. Extension and Renewal Rights
   5. Rent
   6. Operating Expenses, Pass Throughs, CAMs and Taxes
3. OPERATIONAL ISSUES TO INCLUDE IN YOUR LEASE
   11:45 - 12:30, Jerome E. Murphy
   1. Use, Exclusive Uses and Prohibited Uses
   2. Alterations to Leased Premises
   3. Repair Obligations
   4. Compliance With Federal, State and Local Laws
   5. Surrender of Property
4. RISK MANAGEMENT
   12:30 - 1:15, Joshua Mathews
   1. Insurance
   2. Indemnity and Exculpation Clauses
   3. Casualty
   4. Hazardous Materials
5. LEASE EXIT STRATEGIES
   2:15 - 3:00, Joshua Mathews
   1. Subleases
   2. Assignment of Lease
   3. Termination Rights
6. DEFAULT OF LEASE CONTRACT
   3:00 - 3:45, Anthony L. Gosserand
   1. Tenant Default and Landlord Remedies
   2. Landlord Default and Tenant Remedies
7. OTHER ISSUES
   4:00 - 4:45, Anthony L. Gosserand
   1. Construction Provisions (Including ADA Issues)
   2. Brokerage Considerations
   3. Quiet Enjoyment
   4. Boilerplate Provisions
8. DOCUMENTS COMMONLY ASSOCIATED WITH THE LEASING PROCESS
   4:45 - 5:30, Anthony L. Gosserand
   1. Estoppel Certificates
   2. Short Form or Memorandum of Lease
   3. Subordination, Nondisturbance and Attornment Agreements (SNDA)
   4. Lease Amendment

ANTHONY L. GOSSERAND is a partner in the law firm of King, Hershey, A Professional Corporation, where he practices in the areas of civil trial practice, appellate practice and real estate litigation. He has lectured to attorneys on litigation and trial practice issues. Mr. Gosserand earned his B.A. degree from the University of Missouri - Columbia and his J.D. degree from the University of Missouri - Kansas City. During his last two years of law school Mr. Gosserand was a teaching assistant of legal writing and research. He is a member of The Missouri Bar, the Kansas Bar Association and the Kansas City Metropolitan Bar Association.

JOSHUA MATHEWS is a tax and transactions attorney, and founder of The Mathews Group, LC, with offices in Leawood, Kansas and Lee's Summit, Missouri. Mr. Mathews devotes a major portion of his practice to business, tax, financial, personal and real estate and criminal counsel, and represents clients in state and federal courts on both sides of the state line. He is a member of The Missouri Bar, Kansas and American bar associations, the KCMBA, the American Intellectual Property Law Association, the International Order of the Barristers, and the William P. Borland Inn of Court. He is a regular lecturer on business law, estate planning, tax issues and real estate.

JEROME E. MURPHY of Jerome E. Murphy, P.C., in Kansas City, Missouri, devotes most of his practice to the area of commercial real estate law and has been in practice for over 33 years. Mr. Murphy earned his B.A. degree from Rockhurst College and his J.D. degree from Georgetown University, where he served as an editor of the Georgetown Law Journal. He has given numerous lectures and written articles related to his real estate practice. He is a member of the Real Property sections of the American Bar Association, The Missouri Bar and the Kansas City Metropolitan Bar.

JAMES C. NEELD is a partner with the law firm of Sonnenschein Nath & Rosenthal LLP, where he practices in Sonnenschein Nath's real estate practice group and handles a variety of commercial real estate development, including leasing, financing, construction and land use matters. Mr. Neeld is licensed to practice in Missouri, Oklahoma and Texas. He has extensive experience handling commercial leasing matters, including office leases, industrial leases, ground leases and build to suit leases for local, regional and national developer/landlord clients. Mr. Neeld's experience expands not only to the Kansas City area, but also to Texas and Oklahoma, and other areas where the firm's national clients require leasing experience and assistance. He is familiar with local customs, market trends and other "outside of the box" information that clients find useful and informative. Mr. Neeld serves as a member of the Advisory Board of Directors for the Salvation Army Adult Rehabilitation Center, located in Kansas City, Missouri. He is a member of the Texas, Kansas City, Missouri and Oklahoma (Uniformity of Law Committee) bar associations.

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