The Lease Manual - A Practical Guide to Negotiating Office, Retail, and Industrial Leases, First Edition Out of Stock

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Author: Rodney J. Dillman  
Publisher: American Bar Association  
Publication Date: January 2007  
Page Count: 384  
Trim Size: 6 x 9-inch  
Format: Soft-cover book with CD-ROM
 
CURRENTLY ON BACKORDER - MARCH 2015
 
 
Do you ever wonder if there's something you're missing in negotiating a lease...or why one party insists on not altering a particular paragraph...or if you need to offer an acceptable compromise that would meet the needs of all parties in a lease? The Lease Manual: A Practical Guide to Negotiating Office, Retail, and Industrial Leases answers these questions and many, many more. This practical guide helps you effectively handle all stages of a commercial real estate lease transaction, from negotiation to preparation and execution of office, retail, and industrial leases.
Because understanding the needs and concerns of all interested parties is the only way to facilitate and complete lease negotiations,
The Lease Manual examines and explores the concerns, needs, and desires of landlords, tenants, and lenders by analyzing typical lease paragraphs from each point of view.

The first three parts of the book provide description and analysis of typical lease paragraphs for: 
  • Office Leases
  • Retail Leases
  • Industrial/Warehouse Leases
  •  
A numerical "Risk Rating" is given to each paragraph of the typical lease, along with a brief summary and description of the lease paragraph and its scope. This is followed by an analysis of the lease paragraph and a critical review of the landlord's, tenant's, and lender's perspectives, along with possible compromises and alternatives from each party's point of view.

The Lease Manual also discusses some of the most negotiated yet least understood lease terms, such as "Net Rent," "Gross Rent," "Base Year Rent," "Expense Stop Rent," "Percentage Rent," "Full Service Rent," "Real Estate Taxes," "Subordination," "Nondisturbance," and "Attornment."

A collection of commonly used forms that are ancillary to a lease transaction are included in the book's final section, including a Letter of Intent, Notice of Lease, Lease Commencement Date Agreement, Subordination, Nondisturbance and Attornment Agreement, and Tenant Estoppel Letter.

The Lease Manual is reproduced on the accompanying, searchable CD-ROM, including all typical lease paragraphs and forms in an easily customizable format.
 
 
 
 
 
 
 
TABLE OF CONTENTS
 
PART 1 DESCRIPTION AND ANALYSIS OF OFFICE LEASE PARAGRAPHS
 
PARAGRAPH 1 The Parties
PARAGRAPH 2 Building, Premises, and Appurtenant Rights
PARAGRAPH 3 Leasing Clause
PARAGRAPH 4 Use of Premises  
PARAGRAPH 5 Term  
PARAGRAPH 6 Base Rent  
PARAGRAPH 7 (Alternative 1) Additional Rent (Base Year)
PARAGRAPH 7 (Alternative 2) Additional Rent (Expense Stop)  
PARAGRAPH 7 (Alternative 3) Additional Rent (Net Lease)  
PARAGRAPH 8 Gross-Up of Building Operating Expenses  
PARAGRAPH 9 Adjustments to Rent
PARAGRAPH 10 Quiet Enjoyment  
PARAGRAPH 11 Assignment or Sublease  
PARAGRAPH 12 Inspection and Repair of Premises
PARAGRAPH 13 Damage to Premises  
PARAGRAPH 14 Eminent Domain  
PARAGRAPH 15 Tenant's Obligations (Including Alterations and Insurance)  
PARAGRAPH 16 Landlord's Obligations (Insurance, Repairs, and Services)
PARAGRAPH 17 Indemnification
PARAGRAPH 18 Default by Tenant
PARAGRAPH 19 Remedies of Landlord  
PARAGRAPH 20 Self-Help  
PARAGRAPH 21 Lien Rights of Landlord  
PARAGRAPH 22 Mortgagee Protection  
PARAGRAPH 23 Environmental Compliance
PARAGRAPH 24 Americans with Disabilities Act Compliance
PARAGRAPH 25 Compliance with Laws  
PARAGRAPH 26 Diminution of Services  
PARAGRAPH 27 Subordination, Nondisturbance, and Attornment
PARAGRAPH 28 Signs; Building and Floor Directory
PARAGRAPH 29 Time Is of the Essence
PARAGRAPH 30 Landlord's Work; Preparation of Premises
PARAGRAPH 31 Parking
PARAGRAPH 32 Notice (Memorandum) of Lease
PARAGRAPH 33 Estoppel Certificate  
PARAGRAPH 34 Force Majeure  
PARAGRAPH 35 Holding Over  
PARAGRAPH 36 Lawyer Expenses  
PARAGRAPH 37 Partial Invalidity
PARAGRAPH 38 Notices  
PARAGRAPH 39 Successors and Assigns
PARAGRAPH 40 No Partnership or Joint Venture  
PARAGRAPH 41 Merger
PARAGRAPH 42 Brokers  
PARAGRAPH 43 Late Payments  
PARAGRAPH 44 Condition of Premises  
PARAGRAPH 45 Rules and Regulations
PARAGRAPH 46 Insurance
PARAGRAPH 47 Limitations of Landlord's Liability
PARAGRAPH 48 Transfer of Landlord's Interest  
PARAGRAPH 49 Bankruptcy  
PARAGRAPH 50 Security Deposit  
PARAGRAPH 51 Relocation of Premises
PARAGRAPH  52 Waiver of Subrogation
PARAGRAPH 53 Alterations and Improvements to Premises  
PARAGRAPH 54 Right to Exhibit Premises  
PARAGRAPH 55 Surrender of the Premises  
PARAGRAPH 56 Services and Utilities  
PARAGRAPH 57 Additional Services and Utilities  
PARAGRAPH 58 Mechanic's Liens  
PARAGRAPH 59 Arbitration  
PARAGRAPH 60 Governing Law  
PARAGRAPH 61 Floor-Load Limitations
PARAGRAPH 62 Name of Building  
PARAGRAPH 63 Right of First Refusal/Offer to Lease Additional Space
PARAGRAPH 64 Option to Lease Additional Space
PARAGRAPH 65 Option to Renew  
PARAGRAPH 66 Storage Space
PARAGRAPH 67 Miscellaneous
 
PART 2 DESCRIPTION AND ANALYSIS OF RETAIL LEASE
 
PARAGRAPH 1 Operating Covenant; Store Hours
PARAGRAPH 2 Radius Restriction
PARAGRAPH 3 Signage
PARAGRAPH 4 Percentage Rent
PARAGRAPH 5 Gross Sales Definition  
PARAGRAPH 6 Tenant's Records
PARAGRAPH 7 Common Area Maintenance and Operation
PARAGRAPH 8 Promotional Funds
PARAGRAPH 9 Advertising  
PARAGRAPH 10 Parking Requirements
PARAGRAPH 11 Merchants' Association
PARAGRAPH 12 Exclusives  
PARAGRAPH 13 Property Taxes
PARAGRAPH 14 Remodeling Requirement
PARAGRAPH 15 Storage and Office Use
PARAGRAPH 16 Landlord's Right to Make Changes
PARAGRAPH 17 Painting and Displays by Tenant
PARAGRAPH 18 Use of Common Areas
 
PART 3 DESCRIPTION AND ANALYSIS OF INDUSTRIAL/ WAREHOUSE LEASE
 
PARAGRAPH 1 Net Lease
PARAGRAPH 2 Maintenance and Repair of Building and Grounds
PARAGRAPH 3 Casualty and Liability Insurance
PARAGRAPH 4 Licenses and Permits
PARAGRAPH 5 Multiple-Tenant Building Rules and Regulations
PARAGRAPH 6 Reservation of Easements  
 
PART 4 FORMS  
Index  
About the Author  
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