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Who should attend Commercial Ground Leases
This basic-to-intermediate level program is designed for: Attorneys, In-House Counsel, Paralegals, Property Owners, Commercial Developers, Commercial Lenders, Real Estate Brokers and Agents, Government Administrators
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Commercial Ground Leases  

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This basic-to-intermediate level program is designed for: Attorneys, In-House Counsel, Paralegals, Property Owners, Commercial Developers, Commercial Lenders, Real Estate Brokers and Agents, Government Administrators

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Seminar Summary:

Attend this seminar to obtain the essential legal groundwork and best practices for protecting your client from the risks of ground leasing. (see full course description)

 
 
 

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Training Course Syllabus:


Protect Your Client From Disputes, Default and Early Termination

In the volatile real estate market of today, do you know the protection mechanisms available to mitigate ground leasing risk? What are the best ways to structure financing? How do you handle default? Attend this seminar to obtain the essential legal groundwork and best practices for protecting your client from the risks of ground leasing. Register today!

  • Know when a ground lease will provide the greatest economic benefits.
  • Learn the best ways to structure financing to protect all parties.
  • Mitigate the risk involved in entering a ground lease through refined due diligence tactics.
  • Insulate the landowner from liability with exculpatory clauses and other key provisions.
  • Skillfully handle the tax issues involved in ground leases.
  • Safeguard against premature termination and default through carefully crafted lease protections.
  • Ensure property remains financeable – and an attractive investment – with strategic lease language.
  • Discuss ethical issues relating to commercial ground lease practice.


INTRODUCTION
9:00 - 9:30, Stacie L. Gollata, Teryl R. Gorrell and Vincent G. Toenjes

  • Ground Lease Versus Fee Ownership
  • Advantages and Disadvantages for the Lessor and Tenant
  • Option to Lease Versus Present Lease

NEGOTIATION OF PRIMARY TERMS
9:30 - 10:15, Stacie L. Gollata, Teryl R. Gorrell and Vincent G. Toenjes

  • Letter of Interest
  • Fee Ownership Entity
  • Defining the Leased Premises
  • Survey
  • Leasehold Title Insurance
  • Use Rights
  • Term
  • Lease Commencement Date
  • Base Rent
  • Additional Rent and Exclusions
  • Property Tax Considerations
  • Rent Commencement Date
  • Rent Adjustments
  • Security Deposit and Guarantees
  • Options, ROFRs and ROFOs

DEVELOPMENT
10:30 - 11:15, Stacie L. Gollata, Teryl R. Gorrell and Vincent G. Toenjes

  • Development Planning
  • Horizontal Development (infrastructure) On-Site and Off-Site
  • Vertical Development (buildings)
  • Lessor and Tenant Cooperation and Responsibilities
  • Land Use Planning, Zoning and Governmental Entitlements
  • Impact of Mineral Interests in Leased Property
  • Private Entitlements
  • Protective Covenants, Use Restrictions and Encumbrances
  • Common Interest Community Considerations
  • Parking, Easement, License and Reciprocal Operating Rights
  • Services and Utilities
  • Construction of Improvements
  • Site Access and Staging Agreements
  • Project Security Obligations
  • Protection Against Liens; Posting and Bonding
  • Compliance With Laws and Regulations
  • Specific Indemnities

FINANCING CONSIDERATIONS
11:15 - 12:00, Stacie L. Gollata, Teryl R. Gorrell and Vincent G. Toenjes

  • Construction and Permanent Financing
  • Lessor and Fee Interest Mortgagee Approval Requirements
  • CMBS Rating Requirements
  • Mortgage of Fee Interest in Lessor's Property
  • Mortgage of Leasehold Interest in the Property and Improvements
  • Pledging of Subleases
  • Subordination, Attornment and Non-Disturbance Provisions
  • Estoppel Requirements
  • Lender Cure Rights Upon Tenant Default
  • Foreclosure Provisions
  • Bankruptcy and Insolvency Provisions
  • Refinancing Rights

TAX CONSIDERATIONS
1:00 - 1:45, Karl F. Leppmann

  • Tax Ownership and Depreciation of Improvements
  • Leasehold Inducements
  • Step-Rental Contracts
  • Transfer of Improvements upon Termination of Lease
  • Like-Kind Exchange Eligibility

NUTS AND BOLTS PROVISIONS
1:45 - 2:45, Stacie L. Gollata, Teryl R. Gorrell and Vincent G. Toenjes

  • Maintenance Obligations
  • Compliance With Laws and Regulations
  • Parking and Cross Easement Rights
  • Subleasing, Assignment and Transfer
  • Subordination, Non-Disturbance and Attornment
  • Construction of Sublease Tenant Improvements
  • Modification, Demolition and Replacement of Improvements
  • Land Use Reconfiguration During the Term
  • Casualty and Risk Management
  • Condemnation Provisions
  • Bankruptcy of Lessor or Tenant
  • Default and Cure Rights
  • Lessor Waiver of Right of Termination or Eviction
  • Liability Limitations
  • General and Special Indemnities
  • Dispute Resolution
  • Miscellaneous Provisions

DISPOSITION OF LEASED PROPERTY AND IMPROVEMENTS
3:00 - 3:40, Stacie L. Gollata, Teryl R. Gorrell and Vincent G. Toenjes

  • Sale of the Leasehold
  • Lessor Options
  • Tenant Options
  • Right of First Offer
  • Right of First Refusal
  • Surrender of Leased Property and Improvements

ETHICAL CONSIDERATIONS
3:40 - 4:30, Alexander R. Rothrock

  • Conflicts of Interest
  • Disclosure and Confidentiality
  • Lawyer Liability

 

Seminar Summary:

Attend this seminar to obtain the essential legal groundwork and best practices for protecting your client from the risks of ground leasing. (see full course description)

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