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Commercial Lease Escalation Issues, Virginia CLE 1.0 (Pending)
Virginia
Wednesday, August 31, 2022
1:00 PM ET - 2:05 PM ET
VA MCLE 1.0 (Pending)
VA CPE 1.2
$149.00
Use Discount Code R5380628 for 20% off entire purchase from Lorman Education Services.
Course Overview
Learn how to effectively use escalation clauses in commercial leases to avoid future expenses. This highly informative webinar is designed to enhance your knowledge and understanding of how various types of escalations, such as operating expenses, common area maintenance (CAM), and real estate taxes, among others, are addressed in todays commercial lease environment. The material will discuss how to effectively review and negotiate escalation provisions in commercial leases to minimize the payment of expenses when representing the tenant and maximize the collection of expenses when representing the landlord. In addition, the course will explore these critical economic provisions from the perspective of both the landlord and the tenant and discuss the importance of thoroughly reviewing commercial lease provisions and addressing any ambiguous language therein.
Agenda
General Overview • Lease Negotiation Process • Parties’ Leverage • General Economic Conditions Market Conditions • Specific Location of Premises • Desirability of Particular Property • Existing Property vs. Property to Be Constructed • Base Year • Proportionate Share • Escrows • Caps Basic Concepts • Escalations Are Included as an Item of Additional Rent • Without Offset/Set-off, Deduction, Abatement, or Reduction • Remedies Regarding Non-Payment • Interest/Late Fees Operating Expenses/Common Area Maintenance (CAM) • Gross vs. Net • Base Year • Definition (Landlord’s Perspective) • Exclusions (Tenant’s Perspective) • Estimates/Reconciliation • Dispute/Audit • Gross-up • Cap • Bumps/Fixed Increases in Lieu of Real Estate Taxes • Gross vs. Net • Base Year • Definition (Landlord’s Perspective) • Exclusions (Tenant’s Perspective) • Estimates/Reconciliation • Right to Appeal • Representations/Warranties Cost of Living (CPI) • Base Year vs. Base Month • Price Index • Equalization Factor • Frequency • Cumulative vs. Non-Cumulative/Simple • Cap Retail • Percentage Rent • Promotional Charge/Merchant’s Association • Media Fund/Advertising Charge Miscellaneous • Electricity • Water • Sprinklers • Insurance • Fuel/Energy/Steam • Emissions • Change in Laws • Porters Wage
Presenter:
Presenting Organization:
Jan Alan Lewis, Esq., Cole Schotz P.C.
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