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.

Gain 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. Credit Enhancements and Forms of Security
4. Operational Issues to Include in Your Lease
5. Risk Management
6. Lease Exit Strategies
7. Default of Lease Contract
8. Other Issues
9. Documents Commonly Associated With the Leasing Process

Continuing Education Credits:   

Continuing Legal Education

Credit Hrs    State    Credit Approval Expiration

* denotes specialty credits

1. INTRODUCTION TO DRAFTING COMMERCIAL LEASES
   9:00 - 9:40, Kenneth J. Yarsky II
   1. Types of Leases
   2. Drafting Process
   3. Commercial Lease Checklist
2. BASIC LEASE PROVISIONS
   9:40 - 10:20, Kenneth J. Yarsky II
   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. CREDIT ENHANCEMENTS AND FORMS OF SECURITY
   10:35 - 11:10, Lyndall J. Huggler
   1. Security Deposits
   2. Letter of Credit
   3. Guaranty of Contract
4. OPERATIONAL ISSUES TO INCLUDE IN YOUR LEASE
   11:10 - 11:45, Lyndall J. Huggler
   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
5. RISK MANAGEMENT
   11:45 - 12:30, Kenneth J. Yarsky II
   1. Insurance
   2. Indemnity and Exculpation Clauses
   3. Casualty
   4. Hazardous Materials
6. LEASE EXIT STRATEGIES
   1:30 - 2:15, Peter L. Kogan
   1. Subleases
   2. Assignment of Lease
   3. Termination Rights
7. DEFAULT OF LEASE CONTRACT
   2:30 - 3:10, Kenneth J. Yarsky II
   1. Tenant Default and Landlord Remedies
   2. Landlord Default and Tenant Remedies
8. OTHER ISSUES
   3:10 - 3:50, Kenneth J. Yarksy II
   1. Construction Provisions (Including ADA Issues)
   2. Brokerage Considerations
   3. Quiet Enjoyment
   4. Boilerplate Provisions
9. DOCUMENTS COMMONLY ASSOCIATED WITH THE LEASING PROCESS
   3:50 - 4:30, Peter L. Kogan
   1. Estoppel Certificates
   2. Short Form or Memorandum of Lease
   3. Subordination, Nondisturbance and Attornment Agreements (SNDA)
   4. Lease Amendment

LYNDALL J. HUGGLER is a partner at Blumling & Gusky, LLP, in Pittsburgh. Mr. Huggler's practice is concentrated in real estate, construction and development, and business transactions. He has a broad range of experience in commercial loan transactions representing both borrowers and lenders, real estate leasing and purchase and sale transactions, and advising clients regarding business structures and acquisition strategies. Mr. Huggler received his A.B. degree, summa cum laude, from Wabash College in Crawfordsville, Indiana, and his J.D. degree, with honors, from Duke University School of Law. He is admitted to practice in Pennsylvania and Ohio. Mr. Huggler is a member of the American (member, Business Law Section, Real Property, Probate and Trust Law Section), Pennsylvania and Allegheny County bar associations.

PETER L. KOGAN is an attorney in the Real Estate Group in the law firm of Reed Smith. Mr. Kogan represents clients in all major aspects of transactional real estate law, including property acquisition and disposition, land use and development, leasing and subleasing, real estate finance, and real estate brokerage matters.  His clients have included large global retailers, professional sports franchises, hotel and restaurant developers, major industrial and manufacturing businesses, software and information technology companies, entities engaged in commercial transportation and waste disposal, and owners of retail and other properties. He focuses his practice on complex transactions involving the multi-purpose development and redevelopment of large-scale properties in Western Pennsylvania, which frequently include extensive and innovative arrangements with public and quasi-public agencies for the use of former industrial, commercial and institutional sites.  In connection with such transactions, he has assisted clients in securing public-private financing, and entering into partnership and development agreements governing the use and development of Brownfield and "grayfield" sites.  Mr. Kogan received his B.A. degree from the University of Michigan and his J.D. degree, with honors, from Emory University School of Law. He has lectured extensively on issues of real estate law and commercial development in western Pennsylvania.

KENNETH J. YARSKY II is an attorney in the Pittsburgh law firm of Sherrard, German & Kelly, P.C., where he practices in the areas of real estate, business and banking, estate planning, estate administration, creditors' rights and civil litigation. He has lectured on real estate law for the Allegheny County Bar Association, the Community College of Allegheny County and the Pennsylvania Bar Institute. Mr. Yarsky is a member of the Pennsylvania Bar Association, the Allegheny County (past chairman, Real Property Section) and the American bar associations, and he serves on the Landlord-Tenant Rules Committee of the Court of Common Pleas of Allegheny County. He earned his B.S. degree from the University of Dayton and his J.D. degree from Duquesne University School of Law.

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