Now includes the 2010 Supplement! Your purchase of Commercial Leasing in Colorado will include the 2010 Supplement and an updated CD. In this first annual supplement, authors Beat Steiner and Edyn Jessup have added a brand new chapter on “green” leases, two new forms, updated statutory law and case law, and much more!
Bradford Publishing is pleased to bring you this exciting new book by real property experts Beat Steiner and Edyn Jessup. Prepared with Colorado real estate attorneys and leasing brokers in mind, Commercial Leasing in Colorado covers basic legal principles while illuminating the strategies both parties use behind the scenes in negotiating, drafting, and modifying lease provisions. The authors go beyond discussing what you might write for a particular lease clause—they explain the reasons for the clause, the interests of the parties served by it, the terms desired by landlords and tenants, and how the clause might come out depending on the parties’ relative bargaining strength.
This book is organized the way a lease is organized, so readers can jump straight to the lease provision in question to learn drafting and negotiating techniques.
Useful checklists, one for landlords and one for tenants, are provided for every common lease clause, so you can be sure you have covered all the bases for the party you represent. Each checklist contains the basic requirements of a typical lease clause, along with the additional benefits that each party hopes to have included in the lease.
This book also includes an immense glossary of legal terms and real estate jargon—and an abundance of leasing forms to get you started!
Available in your choice of formats: Book and CD: $185 CD only: $160
The CD contains the complete text of Commercial Leasing in Colorado in searchable PDF format and commercial leasing forms in word processing format.
Don't need the whole book? Select the chapters you want from the table of contents tab. Download individual PDF chapters for only $25.00 each.
Automatic Supplementation is included with the purchase of this book. Future updates will be shipped automatically at the subscriber price, plus shipping and handling and applicable sales tax, as soon as they are available. Please call customer service at 303-292-2590 if you DO NOT wish to keep your book up-to-date by enrolling in Automatic Supplementation.
SUMMARY OF CONTENTS Select and download individual chapters for only $25.00 each.
CH 1: INTRODUCTION – Ground, Building, and Space Leases • Farm/Ranch Leases • Credit and National Tenant Leases • Master Leases • Synthetic Leases CH 2: PARTIES – Landlord and Tenant • Authority to Sign • Guarantors • Lenders and Ground Lessors CH 3: THE GRANT – Demising Clause • Consideration • Covenant of Quiet Enjoyment CH 4: PREMISES – Measuring the Premises • Acceptance • Substitution • Appurtenances • Common Areas • Parking • Condition CH 5: TERM – Commencement Date • Date of the Lease • Fixed and Floating Dates • Noon or Midnight? • Expiration vs. Termination • Rule Against Perpetuities • Early Entry • Failure to Deliver Possession • Extension CH 6: USE; RULES & REGULATIONS – Use Limitation Clause • Continuous Operation Clauses • Nuisance and Waste • No Noxious or Offensive Activities • Unacceptable Conditions • Floor Load Limits • Electrical Overloading • Exterior Lighting • Rules and Regulations CH 7: RENT – Kinds of Rent • Gross vs. Net Leases • Allowances and Concessions • Operating Expenses; Statements and Audits • Taxes • Insurance • Additional and Percentage Rent CH 8: SECURITY DEPOSITS, LANDLORD LIENS, LETTERS OF CREDIT, & GUARANTIES – Security Deposits • Landlord Liens • Letters of Credit • Guaranties CH 9: MAINTENANCE & REPAIR – Obligation to Maintain and Repair vs. Obligation to Pay • Standards for Performance • Obligations Belonging to Each Party • Remedies • Liability CH 10: ALTERATIONS & IMPROVEMENTS – Landlord’s Consent • Payment; Mechanic’s Lien Protection • Restoration at End of Term CH 11: COMPLIANCE WITH LAWS & INSURANCE REQUIREMENTS; HAZARDOUS SUBSTANCES – Use of the Premises • Compliance with Laws and Insurance Requirements • Indemnification and Payments for Violations • Hazardous Substances CH 12: UTILITY SERVICES – Who Provides Services • Water and Sewer • Electricity • Natural Gas • HVAC • Telecommunications CH 13: LANDLORD SERVICES – Services Tenants Expect • Janitorial Services • Elevators • Marketing Services • Security CH 14: ACCESS TO THE PREMISES; LANDLORD’S RESERVED RIGHTS – Landlord Access to Premises • Landlord’s Reserved Rights • Landlord’s Exculpation CH 15: LENDER REQUIREMENTS – What the Tenant Wants • Subordination, Nondisturbance, and Attornment Agreement • Tenant Estoppel Certificates • Negotiating With Landlord’s Lender CH 16: EXCULPATION & INDEMNIFICATION – Exculpation • Indemnification • Tenant Protection CH 17: INSURANCE – Risk Management • Types of Insurance • ISO Forms of Insurance Policies • Property, Liability, and Blanket Insurance • Additional Insured • Loss Payee • Certificates of Insurance • Insurance Company Ratings CH 18: DAMAGE & DESTRUCTION — Right to Terminate Lease • Structure of Typical Clause CH 19: CONDEMNATION – Conveyance in Lieu of Condemnation • Right to Immediate Possession • Total and Partial Takings • Condemnation Award • Condemnation Clause Decision Tree • Temporary Taking • Negotiation CH 20: ASSIGNMENT & SUBLETTING – Assignment • Subleasing • Landlord’s Consent CH 21: DEFAULTS – Tenant Default Clauses • Landlord Defaults • Day Counting CH 22: REMEDIES – Remedies • Legal Fees • Limitations on Liability • Mitigation of Damages CH 23: SURRENDER OF THE PREMISES; HOLDOVER – Condition Upon Surrender • Status of Tenant Finish and Alterations • Removal of Tenant’s Property • Holdover Rent • Remedies CH 24: MISCELLANEOUS CLAUSES – Jurisdiction and Venue • Limitation on Landlord’s Personal Liability • Release • Landlord-Tenant Relationship • Confidentiality • Brokerage CH 25: RIGHTS TO CANCEL, RENEW, EXPAND, OR PURCHASE – Option to Terminate • Option to Extend • Option/Right to Expand or Purchase • Rule Against Perpetuities CH 26: TENANT IMPROVEMENTS; WORK LETTER – Plans and Specs • Landlord's/Tenant/s Work • Landlord's/Tenant's Representative • Work Schedule • Who Performs and Pays • Delay • Force Majeure • LEED Certification CH 27: LETTERS OF INTENT FORMS CH 28: GREEN LEASES [NEW FOR 2010] – Why Green Leases? • Certification Programs • Approaches to Greening a Lease • Greening Existing Leases • The Environmental Management Plan • Considerations for Specific Lease Clauses
GLOSSARY
Beat U. Steiner is a partner of the law firm of Holland & Hart LLP, resident in its Boulder, Colorado, office with a practice concentrating on real estate and corporate matters. He is head of the Firm’s Resorts, Lodging and Leisure Group. Mr. Steiner is a Fellow of the American College of Mortgage Attorneys. He is a past chair of the Real Estate Law Section of the Colorado Bar Association (CBA) and presently serves as a member of the Section’s Title Standards Committee. He is also presently a member of the CBA Business Law Section’s Executive Council and its Legislative Drafting Committee. He is a past chair of the American Bar Association (ABA) Real Property, Probate and Trust Section’s Committee on Limited Liability Companies. Mr. Steiner is a frequent lecturer on real estate and business law topics and has published articles in the ABA Real Property, Probate and Trust Journal, The Practical Real Estate Lawyer, The Colorado Lawyer, and The Colorado Real Estate Journal. Mr. Steiner is listed in Chambers USA America’s Leading Lawyers for Business, The Best Lawyers in America, and Colorado Super Lawyers. He holds a B.A. (With High Honors) and a J.D. from the University of Virginia.
Edyn E. Jessup is an associate in the Boulder, Colorado, law firm of Holland & Hart, LLP. Her practice focuses on real estate transactions including commercial leasing. Ms. Jessup is admitted to practice law in Colorado and California. She received her undergraduate education at Duke University, where she graduated summa cum laude with high distinction honors. She received a law degree from the University of Virginia, where she was Order of the Coif and a member of the Editorial Board of the Virginia Law Review.
Format: 7x10" Hardcover with CD Copyright: 2008 Pages: 944 ISBN: 978-1-932779-40-0 Publisher: Bradford Publishing Co.
