eConference
2017 Bernard O. Dow Leasing Institute eConference
Contains material from Dec 2017
2017 Bernard O. Dow Leasing Institute eConference
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Back by popular demand, the Bernard O. Dow Leasing Institute brings together experts in real estate law, finance and leasing for a focused program that covers the latest leasing issues at a sophisticated level.
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1.
Specific Procedures for Commercial Leases to Avoid Late-Term Disagreements (Dec 2017)
Candace S. Baggett, P. Kane Dossett
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Session 1
—34 mins
Specific Procedures for Commercial Leases to Avoid Late-Term Disagreements (Dec 2017)
Many commercial leases and letters of intent have provisions which afford specific rights or obligations to one party or the other, such as a tenant’s restoration requirements, rights to expand, contract, or terminate. Often, the individuals drafting the lease neglect to include specific procedures to quantify, or otherwise address, items that may be unknown at the time of the drafting or the time of lease execution. Identify the points in commercial leases that often are inadequately addressed and can result in disagreements between landlords and tenants, and hear potential solutions to each issue, including examples of verbiage and/or mathematical computations.
Originally presented: Nov 2017 Leasing Institute
Candace S. Baggett,
The Calibre Group, Inc. - Houston, TX
P. Kane Dossett,
Partners National Real Estate Group - Dallas, TX
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2.
Key Terms in Retail Leases (Dec 2017)
Leann Wolf Karim, Anthony L. Marré
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Session 2
—28 mins
Key Terms in Retail Leases (Dec 2017)
From exclusives and co-tenancy provisions, to radius restrictions and percentage rent, retail leases are replete with unique concepts not found with other property types. Explore the varying perspectives of landlords and tenants (and their attorneys) in navigating the minefield of retail leasing.
Originally presented: Nov 2017 Leasing Institute
Leann Wolf Karim,
Wilson, Cribbs & Goren - Houston, TX
Anthony L. Marré,
Wilson, Cribbs & Goren, P.C. - Houston, TX
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3.
Key Terms in Ground Leases (Dec 2017)
Lewis S. Kasner
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Session 3
—31 mins
Key Terms in Ground Leases (Dec 2017)
Ground leases often anticipate that the tenant will carry out further development of the tract and they often contain restrictions as to the nature of the development and integration into adjacent developments. Examine issues that arise in connection with the negotiation of a ground lease from the perspectives of landlords, tenants and their respective attorneys.
Originally presented: Nov 2017 Leasing Institute
Lewis S. Kasner,
Jackson Walker L.L.P. - Houston, TX
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4.
Utilizing Letters of Credit as Security for Lease Transactions (Dec 2017)
Andrew S. Cohen
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Session 4
—23 mins
Utilizing Letters of Credit as Security for Lease Transactions (Dec 2017)
In uncertain economic times, the use of letters of credit to secure tenant performance is increasingly common. Explore frequently negotiated provisions related to the use of letters of credit from both the landlord's and tenant's perspective.
Originally presented: Nov 2017 Leasing Institute
Andrew S. Cohen,
Hornberger Fuller & Garza - San Antonio, TX
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5.
Landlord's Remedies for Tenant Defaults (Dec 2017)
Thomas M. Whelan
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Session 5
—44 mins
Landlord's Remedies for Tenant Defaults (Dec 2017)
Review monetary and possessory remedies for tenant defaults and the interplay between common law, statutory, and contractual remedies. Hear updates on Texas and national developments in mitigation jurisprudence, and obtain annotated forms for default and remedies provisions for commercial leases.
Originally presented: Nov 2017 Leasing Institute
Thomas M. Whelan,
McGuire, Craddock & Strother, P.C. - Dallas, TX
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6.
Addressing Lease Defaults in Bankruptcy (Dec 2017)
Karl Daniel Burrer, Hon. Marvin Isgur
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Session 6
—46 mins
Addressing Lease Defaults in Bankruptcy (Dec 2017)
Survey the common issues affecting leases in bankruptcy proceedings.
Originally presented: Nov 2017 Leasing Institute
Karl Daniel Burrer,
Greenberg Traurig, LLP - Houston, TX
Hon. Marvin Isgur,
U.S. Bankruptcy Court, Southern District of Texas - Houston, TX
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7.
Land Use Update (Dec 2017)
James L. Dougherty Jr.
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Session 7
—33 mins
Land Use Update (Dec 2017)
Review recent cases on zoning, takings, vested rights, land use agreements, etc.
Originally presented: Nov 2017 Leasing Institute
James L. Dougherty Jr.,
Attorney at Law - Houston, TX
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8.
Insurance Provisions and Casualty Loss (Dec 2017)
Aaron Johnston Jr.
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Session 8
—43 mins
Insurance Provisions and Casualty Loss (Dec 2017)
In plain English, explore the insurance policies and endorsements recommended for commercial leases and learn how to mesh the indemnity and casualty sections of a commercial lease with the recommended policies and endorsements.
Originally presented: Nov 2017 Leasing Institute
Aaron Johnston Jr.,
The Johnston Law Firm, PLLC - Dallas, TX
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9.
Operating Expenses Provisions (Dec 2017)
J. Pieratt
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Slides
(pdf)
3 pgs
Session 9
—32 mins
Operating Expenses Provisions (Dec 2017)
Examine market inclusions and exclusions for Operating Expenses for all asset classes, as well as related landlord billing and audit mechanics.
Originally presented: Nov 2017 Leasing Institute
J. Pieratt,
DLA Piper LLP US - Austin, TX
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10.
Short, But Still Not Sweet: The Landlord Subordination Agreement, 10 Years Later (Dec 2017)
Harriet Anne Tabb
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Session 10
—22 mins
Short, But Still Not Sweet: The Landlord Subordination Agreement, 10 Years Later (Dec 2017)
Lenders' forms of Landlord Subordination Agreements are often short, which leads many landlords to conclude that they are innocuous. In fact, they are full of traps for unwary landlords. Discuss those traps and explore an alternative form to avoid them.
- Audio and Paper Only -
Originally presented: Nov 2017 Leasing Institute
Harriet Anne Tabb,
McGuire, Craddock & Strother P.C. - Dallas, TX
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11.
Subleases: Negotiation Tips (Dec 2017)
Katy D. Carmical, Marni Dee Zarin
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Session 11
—37 mins
Subleases: Negotiation Tips (Dec 2017)
Subleases present unique issues that are absent in direct leases due to (i) the incorporation of the primary lease; (ii) the lack of privity of contract; and (iii) the sublandord's inability to perform certain obligations. Get tips to effectively negotiate sublease provisions so the parties can resolve their respective concerns.
Originally presented: Nov 2017 Leasing Institute
Katy D. Carmical,
Winstead PC - Houston, TX
Marni Dee Zarin,
Winstead PC - Houston, TX
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12.
Finish-Out and Work Letters (Dec 2017)
Abby Johanson, Frank Z. Ruttenberg
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Session 12
—51 mins
Finish-Out and Work Letters (Dec 2017)
Review issues that arise in the negotiation and drafting of work letters for leases from the landlord and tenant perspectives.
Originally presented: Nov 2017 Leasing Institute
Abby Johanson,
Haynes and Boone, LLP - San Antonio, TX
Frank Z. Ruttenberg,
Haynes and Boone, LLP - San Antonio, TX