Training Course
Syllabus:
Commercial Leases: A Discussion of Operating
Expenses, Real Estate Taxes and Other Costs/Expenses - Real Estate /
Leasing Training Webinar
Benefits:
A small earthquake occurs 5 miles from your
company's office, causing minor structural damage at the office building leased
by your company. When auditing your operating expense statement, you see a
charge in the amount of $30,000 for structural repairs. A hurricane hits in the
area near one of your retail stores in Florida, blowing off the roof of the
shopping center you are located in. You receive a bill two months later for
$75,000.00. You are the owner of a large warehouse. A new law is passed
requiring certain retrofitting. After spending $200,000 on the retrofitting and
including a portion of the cost as part of operating expenses, you receive a
letter from your largest tenant stating that such cost is not a permitted pass
through and that they will not pay you for the charge. All of the above examples
involve the pass through of operating expenses.
This live webinar will help you understand the different ways operating expenses
are calculated, what charges are typically passed through to tenant, and which
charges are limited, mechanisms for controlling the pass through of charges, and
the methods of collecting and auditing such charges. As demonstrated above,
failure to properly understand what expenses are to be passed through to a
tenant and which are the responsibility of the landlord can cause unexpected
expenses or responsibilities that can have dire financial effects.
Learning Objectives:
- You will be able to review pro rata share of
CAM charges.
- You will be able to explain common included
and excluded CAM charges.
- You will be able to identify who pays HVAC
charges.
- You will be able to describe tenant's audit
rights.
Agenda
Definition of Terms
• Different Kinds of Leases (Gross, Modified Gross, Net, and Triple-Net)
• What Are CAM Charges If Lease Is Silent?
• Pro Rata Share of CAM Charges
Common Included and Excluded CAM Charges
• Landlord and Tenant Reasons for Defending and Opposing CAM Charges
• Examples of Common Included CAM Charges
• Examples of Common Excluded CAM Charges
• Capital Improvements and Insurance Deductibles
• Management Fees
• Real Estate Taxes
CAM Caps
Landlord Collection of CAM Charges
Tenant's Audit Rights
Who Pays HVAC Charges
New CAM Charges, Including Landlord Green Initiatives
Faculty
Marc H. Goldsmith, McGuireWoods LLP
John R. Visconsi, McGuireWoods LLP
Marc H. Goldsmith
•Counsel with McGuireWoods LLP’s Los Angeles, CA office
•Practice focuses on commercial leasing and commercial real property purchase
and sale transactions, as well as condominium law
•Responsible for negotiating, drafting and reviewing various real estate
contracts for retail, office and industrial uses, including leases,
purchase/sale agreements, easements, licenses, deeds of trust, subordination
agreements, and amendments
•On behalf of national retailers, he has negotiated and closed many retail lease
transactions for stores of all sizes
•Handled hundreds of leases, licenses and easements for telecommunications sites
throughout the western United States
•Serves as general corporate counsel to numerous nonprofit homeowners
associations, business and mixed-use condominium associations, timeshare
associations, and for profit entities
John R. Visconsi
•Partner in McGuireWoods LLP’s Los Angeles, CA office
•Practice focuses on commercial leasing and commercial real property purchase
and sale transactions
•Responsible for negotiating, drafting and reviewing various real estate
contracts for retail, office and industrial uses, including leases,
purchase/sale agreements, easements, licenses, deeds of trust, subordination
agreements, and amendments
•Drafted and negotiated purchase and sale agreements, and handled the closing of
numerous purchase and sale transactions on behalf of Fortune 500 companies and
local landlords
•On behalf of national retailers, he has negotiated and closed many retail lease
transactions for stores of all sizes
•Handled hundreds of leases, licenses and easements for telecommunications sites
throughout the western United States
•Successfully negotiated leases for more than 10 million square feet of office
space for various public companies
These Materials are Designed For
This live webinar is designed for attorneys, presidents, vice presidents,
property managers, real estate professionals, developers, landlords, building
owners and managers, and accountants.
CREDITS
Continuing Education Units
Only registered attendee will receive continuing education credit. Additional
attendees can receive continuing education credits at a discounted price.
•AL CLE 1.5
This course or a portion thereof has been approved by the Alabama State
Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours
credit.
•AR CLE 1.5
This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
•AZ CLE 1.5
The State Bar of Arizona does not approve or accredit CLE activities for the
Mandatory Continuing Legal Education requirement. This activity may qualify for
up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
•CA CLE 1.5
Lorman Business Center, Inc. is a State Bar of California approved MCLE sponsor
and this course qualifies for 1.5 CLE hours.
•CO CLE 2.0
This program has been approved by the Colorado Supreme Court Board of Continuing
Legal and Judicial Education for 2.0 hours of CLE.
•GA CLE 1.5
This program has been approved by the Georgia Commission on Continuing Lawyer
Competency for 1.5 CLE hours.
•HI CLE 1.5
This program was approved by the Hawaii State Board of Continuing Legal
Education for 1.5 VCLE credit hours.
•IL CLE 1.5
This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois
MCLE Board.
•ME CLE 1.5
This course has been approved by the State of Maine Board of Overseers of the
Bar. Lawyers who complete this course shall receive 1.5 hours of CLE credit
under M. Bar R. 12.
•MO CLE 1.8
This program has been approved by the Missouri Bar for 1.8 hours of CLE.
•MS CLE 1.5
This program has been approved by the Mississippi Commission on Continuing Legal
Education for a maximum of 1.5 credit hours.
•MT CLE 1.5
This program has been approved by the Montana Commission of Continuing Legal
Education for a total of 1.5 CLE credits.
•NC CLE 1.5
This program has been approved by the North Carolina State Bar Board of
Continuing Legal Education for 1.5 CLE hours.
•NJ CLE 1.8 including Civil Trial Law 1.8
This program has been approved by the Board on Continuing Legal Education of the
Supreme Court of New Jersey for 1.8 hours of total CLE credit. This course is
eligible for certification credits in the area of Civil Trial Law for 1.8 hours.
•NV CLE 1.5
This program has been approved by the Nevada Board of Continuing Legal Education
for 1.5 CLE hours.
•NY CLE 1.5 including Areas of Professional Practice 1.5
This course has been approved in accordance with the requirements of the New
York Continuing Legal Education Board for up to a maximum of 1.5 credit hours,
of which 1.50 credit hours may be applied toward the Areas of Professional
Practice requirement. Each hour may be counted only as satisfying one category
of credit; duplicate credit for the same hour of instruction is not permitted.
Lorman Business Center, Inc. has a financial hardship guideline. Please contact
customer service at 1.866.352.9539 for instructions on how to apply.
•PA CLE 1.5
This Distance Learning program has been approved by the Pennsylvania Continuing
Legal Education Board for 1.5 hours of substantive law, practice and procedure
CLE credit.
•RI CLE 1.5
This program has been approved by the Rhode Island Mandatory Continuing Legal
Education Commission for 1.5 hours of CLE credit.
•TN CLE 1.5
This program has been approved by the Tennessee Commission on Continuing Legal
Education and Specialization for a maximum of 1.5 hours of credit.
•VA CLE 1.5
This program has been approved by the Virginia Mandatory Continuing Legal
Education Board for 1.5 CLE credit hours.
•VT CLE 1.5
This program has been approved by the Mandatory Continuing Legal Education Board
of Vermont for 1.5 hours of CLE credit.
•WA CLE 1.5
This program has been approved by the Washington State Board of Continuing Legal
Education for 1.5 hours of credit.
•WI CLE 1.5
This program has been approved by the Board of Bar Examiners for 1.5 hours for
use toward the Wisconsin Mandatory CLE requirement.
•WV CLE 1.8
This program has been approved by the West Virginia State Bar MCLE Commission
for 1.8 MCLE hours.
•National Registry of CPE SponsorsCPE 1.5 including Specialized Knowledge and
Applications 1.5
Lorman Education Services is registered with the National Association of State
Boards of Accountancy (NASBA) as a sponsor of continuing professional education
on the National Registry of CPE Sponsors. State boards of accountancy have final
authority on the acceptance of individual courses for CPE credit. Complaints
regarding registered sponsors may be submitted to the National Registry of CPE
Sponsors through its web site: www. learningmarket.org. CPE Credit:
Maximum Credit Hours: 1.5 each session (based on a 50 minute credit hour). Field
of Study: Specialized Knowledge and Applications for 1.5 hours. Prerequisite:
basic knowledge of real estate law. Level of Knowledge: Intermediate. Teaching
Method: Seminar/Lecture. Advance Preparation: None. Delivery Method: Group-Live
and Group Internet Based. Please refer to the information in this brochure for
outline, course content and objectives. Upon completion of this course, you will
receive a certificate of attendance. Final approval of a course for CPE credit
belongs with each state's regulatory board.
Lorman Business Center, Inc. is a registered provider for CPA CPE through the
State Education Department of New York, Sponsor number: 000640. The following
course will carry the subject area of Specialized Knowledge and Applications for
1.5 hours.
Lorman Business Center, Inc. has registered with the Texas State Board of Public
Accountancy as a CPE Sponsor. This registration does not constitute an
endorsement by the Board as to the quality of our CPE Program. This program
qualifies for 1.5 hours of continuing professional education.
The CLE Code is ONLY a requirement when applying for CLE Credit in New York or
New Jersey or Kansas. Other states do not need to supply the CLE Code to apply
for CLE credit. |
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