Product Description

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. 

Agenda & Materials

• 1:00 - 1:10 pm

  Welcome and Introduction

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  Peter F. Granoff, Esq., Riemer & Braunstein LLP , Boston
  
• 1:10 - 1:25 pm

  Leasing: Letters of Intent

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  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

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  Peter F. Granoff, Esq., Riemer & Braunstein LLP , Boston
  
• 1:45 - 2:05 pm

  Leasing: Use Issues

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  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

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  Peter F. Granoff, Esq., Riemer & Braunstein LLP , Boston
  
• 2:20 - 2:40 pm

  Leasing: Methods of Calculating Rent

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  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

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  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

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  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

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  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

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  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

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  Jennifer Ioli Connelly, Esq., Sherin and Lodgen LLP , Boston
  
• 4:20 - 4:40 pm

  Leasing: Assignment and Sublet Provisions

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  Jennifer Ioli Connelly, Esq., Sherin and Lodgen LLP , Boston
  
• 4:40 - 5:00 pm

  Leasing: SNDAs, Recognition Agreements, REAs, CCRs and Condominium Declarations

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  Michael Holiday, Esq., Holiday Law Firm, PC , Wellesley
  

Chair

Faculty