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Who should attend Commercial Lease Escalations Including CAM
This seminar is designed for attorneys, vice presidents, real estate investors, property managers, brokers, agents, developers, landlords and accountants
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This seminar is designed for attorneys, vice presidents, real estate investors, property managers, brokers, agents, developers, landlords and accountants

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Seminar Summary:

This highly informative seminar is designed to enhance your knowledge and understanding of how various forms of escalations, such as operating expenses, common area maintenance (CAM) and real estate taxes, among others are addressed in today’s commercial lease environment. (see full course description)

 
 
 

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Training Course Syllabus:


This seminar is designed for attorneys, vice presidents, real estate investors, property managers, brokers, agents, developers, landlords and accountants.

This highly informative seminar is designed to enhance your knowledge and understanding of how various forms of escalations, such as operating expenses, common area maintenance (CAM) and real estate taxes, among others are addressed in today’s commercial lease environment. Experienced professionals will explore these obligations from the perspective of both the landlord and the tenant, as well as discuss the importance of thoroughly reviewing commercial lease provisions and addressing ambiguous language. Specifically, the materials and presentations will highlight these key issues:

• Generating Expenses: Inclusions And Exclusions

• CPI And Porter Wage Provisions

• Passing On Operating Expenses, CAM And Real Estate Taxes To Tenants

• Addressing Cap And Base Year Issues

• Utilities

• Proportionate Share And Allocations

• Occupancy Issues

• Current Issues

8:30 a.m. - 12:00 p.m.

(Break 10:00 a.m. - 10:10 a.m.)

I. General Overview Of

Commercial Lease Negotiation

Process

A. Parties’ Leverage

B. General Economic Conditions

C. Specific Location Of Premises

D. Desirability Of Particular Property

E. Differences Between Office And Retail Leases

F. Existing versus Property To Be Constructed

G. Base Year And Fiscal Year Issues

H. Proportionate Share Allocations

I. Escrows

J. Caps Or Ceilings

II. Common Area Maintenance

(CAM) Focusing On Shopping

Centers

A. Parking Areas

B. Advertising

C. Security

III. Operating Expenses

A. Definitions

1. Inclusions

2. Exclusions

3. Deductions

4. Capital Items

5. Gross-Up Concerns

6. Government Mandates

B. Billing Procedures

C. Audits

12:00 p.m. - 1:00 p.m.

Lunch (On Your Own)

1:00 p.m. - 4:30 p.m.

(Break 2:30 p.m. - 2:40 p.m.)

IV. Real Estate Taxes

A. Taxing Process

B. Special Problems For New Buildings

C. Definition

D. Installment Payments

E. Certiorari And Refunds

F. Survival And Cut-Off Date Issues

V. Consumer Price Index (CPI)

A. Specifics Of Index To Be Used

B. Base And Comparison Periods

C. Frequency Of Adjustments

VI. Porter Wage Escalation

A. Identification Of Contract And Employees

B. Inclusion Or Exclusion Of Fringe Benefits

C. Square Footage Calculation

VII. Other Escalation Provisions

A. Utilities

1. Electricity

2. Water

3. Fuel/Steam

B. Insurance Premiums

VIII. Disputes

A. Alternative Resolution Procedures

B. Arbitration

1. Forum

2. Selection And Number

Of Arbiters

3. Decision Makers’

Leeway

4. Timing

C. Litigation

1. Expense

D. Examples Of Potential Disagreements And How They Have Been Treated By Courts

E. Advice To Draftspersons To Minimize Exposure

IX. Questions And Answers

Seminar Summary:

This highly informative seminar is designed to enhance your knowledge and understanding of how various forms of escalations, such as operating expenses, common area maintenance (CAM) and real estate taxes, among others are addressed in today’s commercial lease environment. (see full course description)

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