Omaha: November 14, 2024 CLE: Sponsored by Goosmann Law Firm

ACC, Mid-America Chapter

and

Goosmann Law Firm

JOINTLY PRESENT

High-Stakes CRE Leasing: Key Negotiation Points and Detailed Due Diligence

Presented by: Andrew Simpson, Omaha Managing Partner 

Thursday, November 14, 2024

12:00 p.m.- 1:00 p.m.

at

Goosmann Law Firm

17838 Burke Street, Ste. 250 | Omaha, NE  68118
Lunch will be provided.

Program Summary: 
 High-value commercial real estate (“CRE”) transactions demand careful lease negotiations and a thorough due diligence process to mitigate risks and safeguard strategic interests. This session will provide a detailed analysis of sophisticated leasing contract components from both the landlord and tenant perspectives. Participants will take a deep dive into subordination agreements, complex security deposits, survey review, zoning compliance, and environmental regulations.

Program Outline: 

• Introduction and analyzing commercial lease structures, including net, gross, and base year models, and their implications for rent, operating expenses, and tenant protections. (15 minutes)  
• Assessing the legal and practical considerations on negotiating tenant build-out allowances, security deposit structures (including burn-down provisions and guarantees), and landlord services. (10 minutes)
• Examining the scope and limitations of due diligence in CRE acquisitions, focusing on title and survey review, property inspections, and compliance with zoning, environmental and building codes. (10 minutes)
• Exploring advanced negotiation points in assignments and subletting, including landlord consent, sublease thresholds, profit-sharing, and recapture rights. (10 minutes) 
• Evaluating the impact of subordinations, non-disturbance, and attornment agreements (SNDAs) on tenant protections and lender requirements. (5 minutes)
• Identifying emerging trends and best practices in CRE leasing including audit rights, tax assessment challenges, and remedies for landlord defaults. (10 minutes)

Please click here to RSVP by Tuesday, November 12, 2024.

*Kansas, Missouri & Nebraska Continuing Legal Education Credits pending.
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