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Pop-Up Leasing: Drafting Delivery, Insurance, and Maintenance Provisions, Mitigating Risks in Short-Term Agreements

Recording of a 90-minute premium CLE video webinar with Q&A

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Conducted on Wednesday, September 14, 2022

Recorded event now available

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This CLE course will explore the unique issues facing landlords and tenants entering "pop-up" rather than traditional longer-term leases for retail space. Our panel will advise on how best to draft standard lease provisions such as delivery, insurance, and maintenance and guide counsel on addressing the risks associated with such short-term arrangements.

Description

In recent years, the retail landscape has evolved with the rise of pop-up shops that occupy retail space for short periods, anywhere from a few hours to a few months. Sophisticated real estate counsel must be familiar with more than standard commercial leases.

The flexibility of a short-term lease agreement can hold considerable advantages over traditional leases. From a business perspective, pop-ups have compelling propositions for landlords and tenants. Even tenants and landlords accustomed to using conventional approaches to leasing can benefit from the new market dynamics and opportunities these innovative deals present. But critical to the success of these arrangements is a clear understanding of how they differ from traditional retail leases and the impact of those differences.

Given the short-term nature of the arrangement, pop-up leases will often be a license rather than a lease. Because the license merely grants a privilege of use rather than creating an estate in the property, the rights and duties between the respective parties shift. A reallocation of the associated risks follows.

Listen as our panel of experts in real property transactions provides practical guidance on how to best address the issues and balance the interests of each party involved.

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Outline

  1. Overview of concept
  2. History of retail "pop-ups"
  3. Considerations of landlords and tenants when entering into short-term leases
    1. Unique concerns for "pop-up" art galleries or installations
  4. Short-term lease provisions
    1. Basic terms
    2. Exclusion of specific "basic" provisions
    3. Delivery of possession and condition of delivery
    4. Approvals and permitting issues
    5. Insurance
    6. Right-to-entry and notice
    7. Assignment, sublease, alterations, holdover
    8. Defaults, late charges, default interest, remedies
    9. Rules and regulations
    10. Personal guaranties of lease obligations
  5. Reciprocal easement agreements, covenants, and existing leases
  6. Leases vs. licenses

Benefits

The panel will review these and other critical issues:

  • What are the practical benefits of entering into pop-up leases?
  • What are the risks associated with such short-term arrangements?
  • What are solutions to conflicts with REAs, covenants, and existing leases?
  • What are the roles of social media and omnichannel retailing?
  • What rights does a company receive as a licensee vs. as a lessee?
  • Is the tenant's liability different under a license then it would be under a lease?

Faculty

Abrams, Robin
Robin Abrams
Vice Chairman and Licensed Associate Real Estate Broker
Compass

Consistently named among the leaders in commercial real estate, Ms. Abrams offers unparalleled expertise and a...  |  Read More

Wright, Glenn
Glenn D. Wright
Principal
Wright Law Firm

Mr. Wright has handled many billboard, retail, office and commercial leases in the New York metropolitan area for over...  |  Read More

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