Live Webinar

65-minute live streaming program
  • August 31
  • 1:00 - 2:05 pm EST

Commercial Lease Escalation Issues

August 31

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 today’s 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.

Learning Objectives

  • You will be able to recognize more easily various types of escalation provisions typically found in commercial leases which could result in a significant upside to the landlord and significant expense to the tenant.
  • You will be able to identify key factors in analyzing these provisions from both the landlord’s and tenant’s perspectives.
  • You will be able to discuss and explain why certain items should be included or excluded from these provisions during lease negotiations.
  • You will be able to review and analyze leases more efficiently and cost-effectively.

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Why Lorman?

Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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
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Why Lorman?

Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

Live Webinar Registration

  • AK CLE 1.0
     
  • Alaska attorneys may receive 1.0 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • AL CLE 1.1
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.1 hours credit.
     
  • AR CLE 1.0
     
  • This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.0
     
  • The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.0
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
     
  • CT CLE 1.0
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
     
  • GA CLE 1.0
     
  • This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours.
     
  • HI CLE 1.0
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 CLE credit hours.
     
  • IL CLE 1.0
     
  • This course was approved for a total of 1.0 hours of MCLE Credit by the Illinois MCLE Board.
     
  • IN CLE 1.1
     
  • This program has been approved by the Indiana Commission on Continuing Legal Education. Participating attorneys are eligible to receive up to 1.1 hours of Distance Education credit.
     
  • MN CLE 1.0
     
  • This program has been approved by the Minnesota Board of Continuing Legal Education for 1.0 hours of credit.
     
  • MO CLE 1.3
     
  • This program has been approved by the Missouri Bar for 1.3 hours of CLE.
     
  • MS CLE 1.1 (Pending)
     
  • This program has been submitted to the Mississippi Commission on Continuing Legal Education. Approval pending.
     
  • NC CLE 1.0
     
  • This program has been approved by the North Carolina State Bar Board of Continuing Legal Education for 1.0 CLE hours.
     
  • ND CLE 1.0
     
  • This program has been reviewed by the North Dakota Commission for Continuing Legal Education and approved for 1.0 hours of CLE credit.
     
  • NH MCLE 1.0
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 60 Minutes.
     
  • NJ CLE 1.3
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.3 hours of total CLE credit.
     
  • NM CLE 1.0
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.0 hours of credit.
     
  • NV CLE 1.0
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.0 CLE hours.
     
  • NY CLE 1.0 including Areas of Professional Practice 1
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.0 credit hours in the area(s) of Areas of Professional Practice for 1.00 hour. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Business Center, LLC. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • OH CLE 1.0
     
  • This course has been approved by the Ohio Supreme Court Commission on Continuing Legal Education for 1.0 CLE credit hours. Please note: In order to receive OH CLE credit for this audio conference you MUST use the streaming option and enable and complete the required progress checks. This course is considered Self-Study. No more than twelve (12) hours of self-study CLE credit for any biennial reporting period may be earned by an Attorney or Judge under Regulation 409.2.
     
  • PA CLE 1.0
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.0
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
     
  • TN CLE 1.08
     
  • This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.08 hours of credit.
     
  • VA CLE 1.0 (Pending)
     
  • This program has been submitted to the Virginia Mandatory Continuing Legal Education Board for 1.0 CLE credit hours.
     
  • VT CLE 1.0
     
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hours of CLE credit.
     
  • WA CLE 1.0
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.0 hours of Law & Legal Procedure credit.
     
  • WI CLE 1.0
     
  • This program has been approved by the Board of Bar Examiners for 1.0 hours for use toward the Wisconsin Mandatory CLE requirement.
     
  • WV MCLE 1.3
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.3 MCLE hours.
     
  • CPE 1.2 including Business Law 1.2
     
  • Lorman Education Services is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its web site: www.nasbaregistry.org. For more information regarding administrative policies such as complaint and refund, please contact our offices at 866-352-9539. CPE Credit: Maximum Credit Hours: 1.2 each session (based on a 50 minute credit hour). You must attend at least 50 minutes to obtain credit. Field of Study: Business Law for 1.2 hours. Prerequisite: basic knowledge of project management. Level of Knowledge: Intermediate. Teaching Method: Seminar/Lecture. Advance Preparation: None. Delivery Method: Group Internet Based. Please refer to the information in this brochure for outline, course content and objectives. Upon completion of this course, you will receive a certificate of attendance. Final approval of a course for CPE credit belongs with each state's regulatory board. Please note: In order to receive CPE credit for this course you MUST use the streaming audio option, as well as enable and complete the required progress checks.
     

Who should attend?

This live webinar is designed for attorneys, property managers, building owners and managers, real estate professionals, landlords, presidents, vice presidents, and accountants.

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Why Lorman?

Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Jan Alan Lewis, Esq.

Jan Alan Lewis, Esq.

Cole Schotz P.C.

  • Member of Cole Schotz P.C.’s Real Estate Department
  • Over 40 years of experience, concentrating in commercial office and industrial leasing, representing both landlords and tenants on a local, regional, and national basis
  • Handled various complex real estate transactions on behalf of prominent owners, developers, and companies throughout the United States and has frequently been retained as local counsel to represent tenants with respect to their leases
  • Responsibilities include the preparation, review, and negotiation of leases and related documents for commercial (e.g., office, industrial, flex/warehouse, and retail) properties, including brokerage agreements, property management agreements and exclusive leasing agreements, estoppel certificates, and subordination, non-disturbance, and attornment agreements
  • Member of the National Association of Industrial and Office Properties, as well as the New Jersey State Bar Association, New York County Lawyers’ Association, and the American Bar Association
  • Frequent lecturer and author of numerous articles on the subject of commercial leasing
  • Achieved the highest rating in the Martindale-Hubbell Law Directory
  • J.D. degree, Temple University Beasley School of Law; B.A. degree, summa cum laude, Lehigh University
  • Can be contacted at 201-525-6228 or [email protected]
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Why Lorman?

Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 409981
Published 2022
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