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Negotiating & Drafting Office & Retail Leases

  • Training

  • 4 Hours
  • Massachusetts Continuing Legal Education, Inc. (MCLE)
  • ID: 5866292
Office and retail leases are among the most common forms of commercial lease transactions and both require a broad knowledge of basic lease law. The experienced panelists examine and compare office and retail leasing transactions, and identify their key similarities, as well as important differences. The panelists also address the increasing frequency of, and unique considerations inherent in, mixed use centers featuring co-existing residential and/or recreational uses.

This program is essential to those developing a leasing practice, as well as to experienced practitioners seeking to sharpen their leasing skills.

Course Content

1:00 - 1:10 pm
Welcome and Introduction
Peter F. Granoff, Esq.,
Riemer & Braunstein LLP, Boston

1:10 - 1:25 pm
Leasing: Letters of Intent
Content; Relative Importance in Retail and Office Situations; Dealing with
National Retail Tenants
Michael Holiday, Esq.,
Holiday Law Firm, PC, Wellesley

1:25 - 1:45 pm
Build Out of Leased Premises and Determination of Commencement Date
Peter F. Granoff, Esq.,
Riemer & Braunstein LLP, Boston

1:45 - 2:05 pm
Leasing: Use Issues
Use of the Premises; Exclusive Use and Radius Provisions; Continuous
Operation and Kickout Clauses; Hours of Operation
Michael Holiday, Esq.,
Holiday Law Firm, PC, Wellesley

2:05 - 2:20 pm
Leasing: Anchor Tenants; Cotenancy; Grand Openings; Slack Seasons
Peter F. Granoff, Esq.,
Riemer & Braunstein LLP, Boston

2:20 - 2:40 pm
Leasing: Methods of Calculating Rent
Rentable v. Usable Square Feet; Percentage Rent Including Break Points,
Reporting Requirements, Inclusions and Exclusions, Internet/Catalog Sales
Michael Holiday, Esq.,
Holiday Law Firm, PC, Wellesley
Jennifer Ioli Connelly, Esq.,
Sherin and Lodgen LLP, Boston

2:40 - 3:00 pm
Leasing: Responsibility for Real Estate Taxes and Operating Expenses/Common Area Maintenance
Increase Over a Base Year v. First Dollar; Gross Ups; Landlord Statements and
Tenant Right to Audit; Annual Percentage or Cost of Living Increase as
Alternatives to Landlord Statement
Jennifer Ioli Connelly, Esq.,
Sherin and Lodgen LLP, Boston

3:00 - 3:10 pm
Break

3:10 - 3:25 pm
HVAC and Utilities for the Leased Premises
Direct Payment to Provider by Tenant v. Payment by Landlord and Inclusion in
Operating Costs; Repair and Maintenance Responsibilities
Peter F. Granoff, Esq.,
Riemer & Braunstein LLP, Boston

3:25 - 3:45 pm
Leasing: Repair and Maintenance Responsibilities of Landlord and Tenant; Yield-up Provisions
Peter F. Granoff, Esq.,
Riemer & Braunstein LLP, Boston

3:45 - 4:00 pm
Leasing: Rights and Obligations in Public Common Areas, Parking, Access, Visibility, Signage, and Expansion
Michael Holiday, Esq.,
Holiday Law Firm, PC, Wellesley

4:00 - 4:20 pm
Leasing: Default Provisions - Tenant and Landlord; Liquidated Damages; Self-Help in Light of Recent Massachusetts Decisions
Jennifer Ioli Connelly, Esq.,
Sherin and Lodgen LLP, Boston

4:20 - 4:40 pm
Leasing: Assignment and Sublet Provisions
Jennifer Ioli Connelly, Esq.,
Sherin and Lodgen LLP, Boston

4:40 - 5:00 pm
Leasing: SNDAs, Recognition Agreements, REAs, CCRs and Condominium Declarations
Michael Holiday, Esq.,
Holiday Law Firm, PC, Wellesley

Please Note
This webcast is delivered completely online, underscoring their convenience and appeal.
There are no published print materials. All written materials are available electronically only.
They are posted 24 hours prior to the program and can be accessed, downloaded, or printed from your computer.

Speakers

Chair
Peter F. Granoff, Esq.,
Riemer & Braunstein LLP, Boston

Faculty
Jennifer Ioli Connelly, Esq.,
Sherin and Lodgen LLP, Boston
Michael Holiday, Esq.,
Holiday Law Firm, PC, Wellesley