DESCRIPTION
Common area expenses (CAM) are part of virtually every office and retail lease. These expenses cover everything from parking lots and reception areas to common meeting spaces and restrooms. In triple net leases, landlords seek to recover these expenses from tenants. This can be a significant component of a tenant’s lease expense.The scope of CAM, caps or other limitations, and audit rights are highly negotiated. Landlords and lenders are often reluctant to give any concessions. This program will provide you with a practical guide to negotiating and drafting CAM provisions in commercial leases.
- Scope of common area maintenance (CAM) expenses
- Relationship to minimum maintenance standards
- Treatment of taxes and insurance
- Differentiating operating v. capital expenses in CAM recovery
- Caps on CAM, fixed CAM, gross-up considerations
- Audit and information rights for CAM
- Understanding landlord, lender, and tenant motivations and concerns
Speaker:
Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice. He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use. He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology. Mr. Licata received his B.S., summa cum laude, from MacMurray College and his J.D., cum laude, from Harvard Law School.
Disclaimer: All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials.