Commercial Real Estate Transactions

Commercial Real Estate Acquisitions, Sales, Options, First Rights.

We represent buyers, sellers, real estate agents, brokers and finders in all aspects of the acquisitions, sales and other dispositions 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.

Sale-Leasebacks.

We negotiate and draft long term 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.

Commercial, Retail, Office and Industrial Real Estate Leasing.

We represent landlords and tenants in leasing transactions involving commercial, retail, office 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.

Vehicle Parking Facility Leases, Easements and Operator Agreements.

We draft and negotiate Vehicle Parking Facility Leases and, when applicable, associated Easements and Covenants, for all purposes and also draft and negotiate Parking Facility Operator and Manager Agreements.

Collateralized Guarantees For Payment and Performance Of Leases, Subleases and Lease Assignments.

We draft and negotiate secured and unsecured Guarantees for payment and performance of lease, sublease and assigned lease obligations, including security deposits, as legal counsel for the landlord, sublandlord or tenant. Collateralized guarantees are secured by collateral consisting of real estate, letters of credit, asset based financing and mixed collateral. We draft the guarantees, deeds of trust with fixture filing, UCC security agreements, letters of credit and related documents and filings.

Land Easements For Access, Utilities, Slope Support, Solar/View Easements; CC&Rs; Easement Termination By Merger.

For residential and commercial properties we negotiate and draft insurable, comprehensive easement grant deeds with easement maintenance and use provisions, reciprocal easements 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 and shared uses on adjacent properties we draft CC&Rs and reciprocal easements. When representing the same buyer acquiring contiguous properties burdened/benefitting from an easement, we draft the grant deeds to confirm the buyer's intent to either terminate the easement by merger or retain the easement.

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.