Commercial Real Estate Transactions
Commercial Real Estate Acquisitions, Dispositions, Options, First Rights; Asset Purchase Agreements.
We represent buyers, sellers, real estate agents, brokers and finders in all aspects of the acquisition and disposition of California commercial, office, retail, and industrial properties from preparation of letters of intent, options, rights of first refusal, rights of first offer, purchase agreements, escrow instructions, disclosures, inspection reviews, assignments and acquisition financing through close of escrow and post closing transactions. Our purchase agreements include costs segregation and the acquisition of personal property used for the real estate, trade names, intangibles, project contracts, permits, warranties and on rental properties, the assignment of leases. This includes representing
buyers and sellers in the sale and acquisition of all assets owned by companies involved in the real estate industry and drafting and negotiating Asset Purchase Agreements.
Commercial Real Estate Leasing.
We represent landlords and tenants in leasing transactions involving commercial, retail, office, supermarket and industrial properties including tenant improvement/work letter agreements, mortgageable lease provisions, subordination and attornments, assignments, subleases, cancellations, terminations, buy-outs, expansions, estoppels, non-disturbance agreements, options, rights of first offer and first refusal, secured and unsecured lease guarantees and other financing arrangements. The types of leases we draft or review include office leases, full service and modified industrial gross leases, triple net leases, negotiated net leases and retail leases with minimum monthly rent plus percentage rent. We draft and negotiate secured and unsecured Personal Guarantees and Letters Of Credit for lease obligations, including security deposits, as legal counsel for the landlord or tenant.
Ground Leases, Sale-Leasebacks.
We negotiate and draft long term Ground Leases with mortgageable lease provisions and Sale-Leaseback transactions with tenant or landlord construction using a capital lease or operating lease structure as applicable to the transaction. When representing a landlord selling a property subject to a long term lease or a tenant assigning a long term lease, we consider the potential impact of a property tax reassessment and which party would be impacted by the reassessment.
We represent landlords and tenants in leasing transactions involving commercial, retail, office, supermarket and industrial properties including tenant improvement/work letter agreements, mortgageable lease provisions, subordination and attornments, assignments, subleases, cancellations, terminations, buy-outs, expansions, estoppels, non-disturbance agreements, options, rights of first offer and first refusal, secured and unsecured lease guarantees and other financing arrangements. The types of leases we draft or review include office leases, full service and modified industrial gross leases, triple net leases, negotiated net leases and retail leases with minimum monthly rent plus percentage rent. We draft and negotiate secured and unsecured Personal Guarantees and Letters Of Credit for lease obligations, including security deposits, as legal counsel for the landlord or tenant.
Ground Leases, Sale-Leasebacks.
We negotiate and draft long term Ground Leases with mortgageable lease provisions and Sale-Leaseback transactions with tenant or landlord construction using a capital lease or operating lease structure as applicable to the transaction. When representing a landlord selling a property subject to a long term lease or a tenant assigning a long term lease, we consider the potential impact of a property tax reassessment and which party would be impacted by the reassessment.
Land Easements, Solar/View Easements, CC&Rs, Reciprocal Easements for Access and Utilities (REAs).
For residential and commercial properties we negotiate and draft insurable, comprehensive easement grant deeds with easement maintenance/use agreements and grant deeds reserving easements. We have prepared easements for many purposes including reciprocal access and utilities, mutual or exclusive right of way and roads, use of and encroachment on adjacent property, solar and view protection, air rights, fences, landscaping, construction related easements incuding slope support, sewers and entry gates. We have drafted easements in gross limited to specific persons, perpetual easements that run with the land, temporary self expiring easements and revocable licenses. For restrictions on adjacent properties we draft CC&Rs.
For residential and commercial properties we negotiate and draft insurable, comprehensive easement grant deeds with easement maintenance/use agreements and grant deeds reserving easements. We have prepared easements for many purposes including reciprocal access and utilities, mutual or exclusive right of way and roads, use of and encroachment on adjacent property, solar and view protection, air rights, fences, landscaping, construction related easements incuding slope support, sewers and entry gates. We have drafted easements in gross limited to specific persons, perpetual easements that run with the land, temporary self expiring easements and revocable licenses. For restrictions on adjacent properties we draft CC&Rs.
Commercial Real Estate Financing; LLC Member Financing.
As counsel for the property owner or LLC, we review and negotiate commercial real estate and asset based financing transactions secured by real, personal and mixed collateral property including Letters of Credit, UCC Security Agreements, and for LLCs, Mezzanine Loans. For LLCs we also represent the company with respect to loans made or guaranteed by members.
Letters Of Intent, Nondisclosure, Nondisparagement Agreements.
We prepare binding and nonbinding letters of intent for due diligence and contract negotiations prior to entering into a binding purchase contract. To protect the confidentiality of the information exchanged in the negotiations and due diligence and thereafter and the identities and reputation of parties to residential or commercial real estate transactions, we prepare Mutual Nondisclosure and Nondisparagement Agreements which can be drafted as a separate contract or combined with Letters Of Intent.
Tax Deferred 1031 Exchanges, Multi-Property Exchanges.
We represent parties in tax-deferred 1031 exchanges involving residential investment and rental properties and commercial real estate, including delayed exchanges, reverse and construction exchanges, multi-property exchanges and exchanges with installment sales.
Commission and Finder Fee Agreements.
We represent licensed real estate brokers and agents and unlicensed finders in connection with contracting for and securing compensation for bringing a buyer, seller, tenant or joint venturer to a real estate transaction or arranging for real estate financing. This includes receiving compensation at the close of escrow or at the back end of the project.
We Are Pleased To Cooperate With Our Clients' Personal Attorneys, Accountants, Business Managers, Financial Advisors and Real Estate Professionals and We Often Assist Our Clients As Their Personal Attorney In Working With Other Law Firms