The Lease Manual: A Practical Guide to Negotiating Office, Retail, and Industrial Leases

Front Cover
American Bar Association, 2007 - Law - 359 pages
Do you ever wonder if there's something you're missing in negotiating a lease? This book is your answer, providing effective guidance from negotiation to execution for office, retail and industrial lease transactions. It examines the concerns landlord, tenant, and lender to help facilitate and complete lease negotiations. Each lease paragraph is given a risk rating along with a brief summary of the clause and scope. Includes text and ancillary materials on CD-ROM.
 

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Contents

Description and Analysis of Office Lease Paragraphs
1
The Parties
3
Building Premises and Appurtenant Rights
5
Leasing Clause
11
Use of Premises
13
Term
17
Base Rent
23
Additional Rent Base Year
27
Relocation of Premises
207
Waiver of Subrogation
209
Alterations and Improvements to Premises
211
Right to Exhibit Premises
215
Surrender of the Premises
217
Services and Utilities
219
Additional Services and Utilities
225
Mechanics Liens
229

GrossUp of Building Operating Expenses
59
Adjustments to Rent
63
Quiet Enjoyment
69
Assignment or Sublease
71
Inspection and Repair of Premises
77
Damage to Premises
81
Eminent Domain
87
Tenants Obligations Including Alterations and Insurance
91
Landlords Obligations Insurance Repairs and Services
97
Indemnification
103
Default by Tenant
107
Remedies of Landlord
111
SelfHelp
117
Lien Rights of Landlord
119
Mortgagee Protection
123
Environmental Compliance
125
Americans with Disabilities Act Compliance
131
Compliance with Laws
135
Diminution of Services
139
Subordination Nondisturbance and Attornment
141
Signs Building and Floor Directory
145
Time Is of the Essence
147
Landlords Work Preparation of Premises
149
Parking
153
Notice Memorandum of Lease
157
Estoppel Certificate
159
Force Majeure
161
Holding Over
165
Lawyer Expenses
167
Partial Invalidity
169
Notices
171
Successors and Assigns
173
No Partnership or Joint Venture
175
Merger
177
Brokers
179
Late Payments
181
Condition of Premises
185
Rules and Regulations
189
Insurance
193
Limitations of Landlords Liability
197
Transfer of Landlords Interest
199
Bankruptcy
201
Security Deposit
203
Arbitration
231
Governing Law
233
FloorLoad Limitations
235
Name of Building
239
Right of First RefusalOffer to Lease Additional Space
241
Option to Lease Additional Space
245
Option to Renew
249
Storage Space
251
Miscellaneous
253
Description and Analysis of Retail Lease Paragraphs
255
Operating Covenant Store Hours
257
Radius Restriction
261
Signage
263
Percentage Rent
265
Gross Sales Definition
269
Tenants Records
273
Common Area Maintenance and Operation
277
Promotional Funds
281
Advertising
285
Parking Requirements
287
Merchants Association
291
Exclusives
293
Property Taxes
295
Remodeling Requirement
301
Storage and Office Use
305
Landlords Right to Make Changes
307
Painting and Displays by Tenant
309
Use of Common Areas
311
Description and Analysis of IndustrialWarehouse Lease Paragraphs
315
Net Lease
317
Maintenance and Repair of Building and Grounds
321
Casualty and Liability Insurance
325
Licenses and Permits
327
MultipleTenant Building Rules and Regulations
329
Reservation of Easements
331
Forms
333
FORM OF LETTER OF INTENT
335
FORM OF NOTICE OF LEASE AND FORM OF LEASE COMMENCEMENT DATE AGREEMENT
339
FORMS OF SUBORDINATION NONDISTURBANCE AND ATTORNMENT AGREEMENTS
343
FORMS OF TENANT ESTOPPEL LETTERS
351
FORM OF LANDLORDS WAIVER OF LIEN RIGHTS
355
Copyright

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