Commercial Ground Leases (Fourth Edition)

Commercial Ground Leases is a definitive guide to drafting, negotiating, and finalizing equitable, error-free leasing documents that address the needs of both landlord and tenant. It covers the full range of relevant commercial ground leasing issues, including:

• Base rent, adjustments, taxes, and other payments
• Reappraisal of ground rents
• Objectives, assumptions, and mechanics of percentage rent
• Tenant and landlord financing
• Subordinated fee and leasehold mortgage financing
• Effects of bankruptcy, assumption of leases, rejection
• Tenant project development and lien issues
• Ground lease term, title, use and occupancy
• Subletting, assignment, sale, and continuing liability issues
• Exculpatory clauses and guaranties
• Insurance, damage, reconstruction, and condemnation
• Default and redemption
• Use of mediation, arbitration, and appraisal to resolve disputes
• Rights to purchase
• Termination, development rights leases, and multiparcel development
• ground rent reappraisals
• inflation indexing
• ground lease “end game”

Commercial Ground Leases features adaptable, time-saving agreement language and contains numerous appendices, including forms of letter of intent, leasehold mortgagee protection clauses, intercreditor agreements, fee and leasehold deed of trust provisions, estoppel certificate and guaranty, and a complete ground lease with many alternative clauses.