About the Course
Introduction
This CLE course will advise real estate attorneys that represent landlords and tenants on the increased liabilities and legal issues related to curbside pickups, an increasingly utilized practice to comply with OSHA and CDC safety guidance related to COVID-19. The panel will address the need for potential increased signage and insurance coverage, how leases should be negotiated to address such activities, and how costs should be distributed amongst tenants with vastly different usage rates of common areas such as parking lots.
Description
Continued indoor capacity restrictions in retail and restaurant spaces have led to the increasing use of curbside pickup. Whether it is a trip to the local hardware store or takeout from a restaurant, companies have adapted to their customers' needs and preferences to socially distance.
Current leases weren't executed in anticipation of a global pandemic and the extensive use of curbside pickups. The lease stakeholders, including landlords, tenants, and consumers, had little reason to consider the legal implications and risks with this practice. Landlords have to consider the issue of increased traffic, which may result in the need for increased maintenance of common areas and the potential for more accidents on the property. Likewise, the parties must consider whether curbsite pickup violates any local zoning, land use or private covenant restriction.
To make use of this option, most tenants will want clear and appropriate signage. Lease, covenant and local regulations may restrict the use of signs on the property. Counsel for all parties must consider how to amend the lease to accommodate all existing restrictions properly.
Listen as our expert panel provides best practices on amending leases and complying with regulations to continue properly providing curbside options to clients and allowing tenants to operate legally within a contractual and statutory framework.
Presented By
Mr. Diamant is a Partner in the real estate practice group who focuses on leasing, acquisition/disposition, development, real estate partnership formation and financing work for a wide variety of assets. With an unsurpassed understanding of the market and his clients’ business strategies, he gets involved at the earliest stages of deal structuring and demonstrates the know-how necessary to assemble the best team for each client’s project. With over 25 years of experience in the industry, Mr. Diamant is more than legal counsel, he is a trusted advisor offering valuable insight on business decisions, legal matters and strategic issues.
Ms. Osmond concentrates her practice in the areas of joint venture and real estate investment, leasing, real estate financing, acquisitions and dispositions, corporate real estate services, the real estate aspects of mergers and acquisitions, development and general real estate.
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Ms. Osmond’s practice has a national focus on data center development and leasing, joint ventures, and institutional real estate investment. She represents developers, operators and investors in structuring and negotiating complex data center transactions, including build-to-suit projects, powered shell arrangements and hyperscale campuses. She regularly advises on all phases of the data center lifecycle, including land acquisition and diligence, joint venture formation and capitalization, development, leasing and disposition. Ms. Osmond also has extensive experience representing institutional investors, developers, REITs and corporate users in joint ventures, real estate investment, leasing, financing, acquisitions and dispositions, and corporate real estate services. She frequently structures programmatic joint ventures and real estate investments for developers and institutional investors and advises on the real estate aspects of M&As. In addition, Ms. Osmond represents borrowers, financial institutions and investors in secured real estate financings, including CMBS, agency and portfolio transactions. Her work spans a wide range of asset classes and deal structures, with a focus on aligning legal strategy with business objectives. Ms. Osmond is a frequent speaker on data center transactions, joint ventures and commercial leasing, and has presented on topics including hyperscale lease negotiations, energy and real estate law, and default provisions in real estate joint ventures. She also regularly speaks on office and industrial leasing trends, and has been featured in client conferences, CLE webinars and industry panels.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Thursday, January 14, 2021
- schedule
1:00 p.m. ET./10:00 a.m. PT
- Legal guidelines
- OSHA
- CDC
- Lease restrictions
- Common area use
- Common area maintenance costs
- Signage
- Additional insureds
- Legal restrictions
- Signage
- Zoning and land use
- Best practices
The panel will review these and other relevant topics:
- How should landlords allocate the cost of increased common area use by limited numbers of tenants in a multi-tenant property?
- How can landlords and tenants address sign restrictions while providing for curbside pickup?
- What type of additional insurance should landlords require due to increased potential risks associated with curbside pickup?
- What are the best practices for amending a lease to allow curbside pickups? Should these be long-term or short-term considerations?
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