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  • A Bi-Monthly Electronic Publication for Section Members
  • August 2010

Group & Committee News

The Leasing Group

The Leasing Group and its committees have enjoyed a very productive year, from conference calls to a year-long project on green leases, which culminated with a program at the 2010 Spring Symposia. In addition, the Group was responsible for two additional Spring Symposia presentations, “Liability and Property Insurance: The Basics and Hot Issues, Including the Insurance Certificate Problem” and “Subleasing as an Extreme Sport.”

The Retail Leasing Committee produced a regular "Nuts and Bolts of Retail Leasing" conference call series for its committee members.  The next segment of this series will be presented on August 19, 2010 and will address improvement allowances and work letters.  In addition, the Committee will be chairing a timely program at the Annual Meeting on distressed commercial real estate: acquisition, bankruptcy and tax considerations.

The Office Leasing Committee recently presented a program during the Leasing Group’s conference call titled “The New Rules of Office: How the Current Economy has Changed the Game.”  The conference call participants provided insights on the current state of and future prospects for office leasing.

The Industrial and Warehouse Leasing Committee is planning a writing on the new BOMA Standards along with some sample language, is working on a work-letter e-CLE program with the Ground Leasing Committee and is preparing a draft article from the Green Leasing Program at the Spring Symposia for Probate & Property.

The Emerging Issues and Specialty Leases Committee continues to provide its regular news briefs to its members, recently submitted an article to Probate & Property on the effect of the economy on leasing and is evaluating an e-CLE program relating to issues of fraud.

The Assignment and Subletting Committee is assembling a set of sample transfer provisions for retail, office, industrial and specialized leases.  In addition, the Committee is working on an article regarding unreasonably withholding consent to a request for transfer.  Finally, the Committee is working on scheduling an e-CLE program regarding assignments.

The Ground Leasing Committee is working on an e-CLE program on work-letters with the Industrial and Warehouse Leasing Committee, continues to enhance the Committee’s existing collection of Ground Leasing clauses, is preparing a second edition of the Committee’s Ground Lease bibliography resource and recently circulated an IRS Technical Advice Memorandum dealing with ground leases, sale-leasebacks and certain related tax treatment issues.

Membership within the Leasing Group has grown substantially during the past year due to the tireless efforts of the Chairs of each of its committees.  The Leasing Group is looking forward to a very exciting 2010-2011.