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Commercial Ground Leases: A Conceptual Framework

 

Be prepared to anticipate and identify the issues important to the bottom line.

Problem - We are all aware of the difficulties of today's real estate marketplace: a surfeit of properties on the market, depressed prices, fewer buyers and limited financing. One strategy property owners are pursuing to get properties back into use is ground leasing. It enables users to get onto a property without the capital outlay of a purchase, and it creates cash flow for the owner. However, many potential ground lessees, especially big box operators, begin their negotiation with well developed letters of intent and lease forms that are aggressively tenant-friendly. Unless the property owner or his counsel has experience with ground leasing, he may be unprepared to anticipate and identify the issues important to his bottom line.

Solution - This topic will provide a conceptual framework for ground leasing and then go into some specific areas designed to enable persons responsible for ground leasing from the owner's side to help the owner avoid unpleasant surprises with respect to the cost of the lease.

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Commercial Ground Leases: A Conceptual Framework

Agenda

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Commercial Ground Leases: A Conceptual Framework

Faculty

Craig A. Kepler

Craig A. Kepler

Ballard Spahr LLP

  • Of Counsel with the law firm of Ballard Spahr LLP
  • Practice emphasizes all aspects of commercial real estate, with significant experience in ground leasing, including multiple big box ground lease projects (Lowe’s, Kohl’s, Costco, Wal-Mart, etc.), as well as multiple single-user triple net projects (Carl’s Jr., El Pollo Loco, CVS Pharmacy, etc.)
  • Conducts regular seminars and workshops on numerous aspects of real estate law
  • Wrote numerous articles concerning real estate transactions
  • Admitted to practice in California and Minnesota
  • Member of the Real Estate Section of The State Bar of California, and member of the Minnesota State Bar Association’s Legislative Committee, Real Estate Section
  • J.D. degree, Wayne State University Law School; B.A. degree, University of Michigan
  • Can be contacted at 612-371-3544 or [email protected]
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Commercial Ground Leases: A Conceptual Framework

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