Mr. Levy has extensive experience in leasing retail and office space and experience in a wide range of leasing issues including but not limited to:
- Land value, percentage rate of return, and/or economic ground rent for renewal term
- Zoning classifications, allowable building envelope, and floor area ratios
- Rent to be set based on current use as improved or on highest and best use if vacant.
- Effective date of rent determination
- Consideration of other ground lease terms
- Repairs and maintenance of improvements
- Ground lease assignments
- Market rent for renewal term.
- Effective date of renewal rent determination
- Space measurement disagreements: gross, rentable, usable
- Operating expense definition
- Base operating expense definition
- Measurement mechanisms for property tax or operating expenses
- Apportionment of property taxes and operating expenses between landlord and tenant
- Allocating responsibility for repairs and maintenance
- Quiet enjoyment of premises
- Alleged lease technical or substantive lease defaults
- Electricity charges
- Negotiations for space expansions or early terminations
- Assignment and subletting provisions
- Rights of first offer or first refusal
- Property management fees
Dispute Resolution Planning for Leases
Landlords and tenants such as shopping center owners, retail chains, office tenants and landlords, REITS, real estate pension fund advisors, multi-location commercial banks and other entities with a large number of locations who are parties to a significant volume of leases (ground and space) would likely benefit by initiating a dispute resolution planning function to resolve future controversies about rentals for future renewal periods, allocation of operating expenses between landlord and tenant, and other landlord/tenant disputes.
The goal of enhancing net operating income from individual real estate assets can be supported by such an initiative. Asset managers should take the following steps:
- Select dispute resolution advisors who will support your efforts at every stage of each
dispute. Ideally, the team would include a lawyer and a real estate dispute resolution
- Review contractual agreements linked to each real estate asset in your property
portfolio to determine which agreements are subject to formal dispute resolution
procedures that will trigger negotiations and/or one or more other dispute resolution
- Develop a computer based system of early warning dates for important subsequent
Arbitration/ADR trigger dates.
- Considerably in advance of a dispute resolution deadline investigate and analyze the
core issues in arbitration or other dispute resolution processes.
- Develop strategies and tactics for effectively resolving each dispute.
- Select the key professionals to protect your interests in each dispute resolution event
including lawyers, fact and expert witnesses, and, possibly negotiators and/or party-appointed arbitrators.
- Manage the intensive preparation required for a specific dispute resolution challenge.
- Participate in and/or monitor the entire dispute resolution process for each real estate
- Evaluate each dispute resolution event and the results that flow from it to
learn how to further enhance your bottom-line results for individual properties in
- Based on results over time possibly modify dispute resolution language in future