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RPPTL Real Estate Leasing Committee

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[RPPTL LandTen] Lease Presentation--Proposed Language

CA
Christopher A. Sajdera
Mon, Dec 19, 2016 4:35 PM

Good Morning, Committee:

First, we want to thank John Neukamm for an outstanding presentation.  With said, as promised, John has asked me to forward this to you (without any representation or warranty :)) purchase option language from his commercial lease form which includes proposed language (highlighted and underlined) to "fix" the equitable conversion issue addressed during my presentation.  Based upon Howard Cohen's excellent suggestion, he also included additional language that the doctrine of equitable conversion shall not apply after any exercise of an option to purchase.

During the term of this Lease, including applicable renewals, Lessee shall have the right to purchase the Leased Property from Lessor in the event that Lessor wishes to sell the Leased Property to an unrelated third party.  In the event that Lessor wishes to sell the Leased Property to an unrelated third party, Lessor shall furnish Lessee with a written notice of its intention to sell the Leased Property, together with a copy of the proposed contract.  Lessee shall have __________ () days from the date of such notice within which to elect to purchase the Leased Property upon the same terms and conditions set forth in the contract attached to Lessor's notice; provided, however, any provision permitting the purchaser to terminate the contract during an inspection period, if applicable, shall be deemed to have been waived by Lessee.  If Lessee fails to notify Lessor, in writing, of its intention to exercise its right to purchase the Leased Property, as set forth herein, within the foregoing _______ () day period, it shall be deemed to have waived its right to purchase the Leased Property with respect to the contract referenced in Lessor's notice, and Lessor shall be entitled to sell the Leased Property to the purchaser set forth in the Contract attached to Lessor's notice, or such purchaser's assignee, on the terms set forth in such contract. During the period of time between any exercise of the purchase option by Lessee and the closing date, the parties' rights and obligations, including Lessees' obligation to pay Rent to Lessor, shall continue to be governed by this Lease, and the parties expressly agree that the doctrine of equitable conversion shall not apply.

Happy Holidays!

Christopher A. Sajdera, Esquire

Sajdera Kim, PLLC
3335 NW Boca Raton Boulevard
Boca Raton, Florida 33431
Phone: 561-948-0650
Direct: 561-910-3082
Facsimile: 561-910-8126
Email:  cas@sajderakimlaw.commailto:cas@sajderakimlaw.com
This e-mail, and any attachments thereto, are intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail and any attachments thereto, is strictly prohibited and you must delete it without reading it.

Good Morning, Committee: First, we want to thank John Neukamm for an outstanding presentation. With said, as promised, John has asked me to forward this to you (without any representation or warranty :)) purchase option language from his commercial lease form which includes proposed language (highlighted and underlined) to "fix" the equitable conversion issue addressed during my presentation. Based upon Howard Cohen's excellent suggestion, he also included additional language that the doctrine of equitable conversion shall not apply after any exercise of an option to purchase. During the term of this Lease, including applicable renewals, Lessee shall have the right to purchase the Leased Property from Lessor in the event that Lessor wishes to sell the Leased Property to an unrelated third party. In the event that Lessor wishes to sell the Leased Property to an unrelated third party, Lessor shall furnish Lessee with a written notice of its intention to sell the Leased Property, together with a copy of the proposed contract. Lessee shall have __________ (__) days from the date of such notice within which to elect to purchase the Leased Property upon the same terms and conditions set forth in the contract attached to Lessor's notice; provided, however, any provision permitting the purchaser to terminate the contract during an inspection period, if applicable, shall be deemed to have been waived by Lessee. If Lessee fails to notify Lessor, in writing, of its intention to exercise its right to purchase the Leased Property, as set forth herein, within the foregoing _______ (__) day period, it shall be deemed to have waived its right to purchase the Leased Property with respect to the contract referenced in Lessor's notice, and Lessor shall be entitled to sell the Leased Property to the purchaser set forth in the Contract attached to Lessor's notice, or such purchaser's assignee, on the terms set forth in such contract. During the period of time between any exercise of the purchase option by Lessee and the closing date, the parties' rights and obligations, including Lessees' obligation to pay Rent to Lessor, shall continue to be governed by this Lease, and the parties expressly agree that the doctrine of equitable conversion shall not apply. Happy Holidays! Christopher A. Sajdera, Esquire Sajdera Kim, PLLC 3335 NW Boca Raton Boulevard Boca Raton, Florida 33431 Phone: 561-948-0650 Direct: 561-910-3082 Facsimile: 561-910-8126 Email: cas@sajderakimlaw.com<mailto:cas@sajderakimlaw.com> This e-mail, and any attachments thereto, are intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail and any attachments thereto, is strictly prohibited and you must delete it without reading it.
RE
rick.eckhard (at) hklaw.com
Wed, Jan 25, 2017 1:18 PM

Good morning Real Estate Leasing Committee Members,

The Tallahassee chapter of BOMA (the National Association of Building Owners and Managers) has asked if one of our committee members would like to speak to their chapter at 11:30 am, April 19th on a commercial leasing topic of our choice.  BOMA members are typically senior leasing and property management people, and this is an excellent opportunity to demonstrate expertise to a group of potential clients.

Please let me know if you are interested in speaking to this group and what topic or topics you would like to discuss.

Thank you,
Rick

Richard Eckhard | Holland & Knight
Partner
Holland & Knight LLP
100 North Tampa Street, Suite 4100 | Tampa, FL 33602
Phone 813.227.6417 | Fax 813.229.0134
rick.eckhard@hklaw.commailto:rick.eckhard@hklaw.com | www.hklaw.comhttp://www.hklaw.com/


Add to address bookhttp://www.hklaw.com/vcard.aspx?user=Reckhard | View professional biographyhttp://www.hklaw.com/id77/biosReckhard


NOTE: This e-mail is from a law firm, Holland & Knight LLP (“H&K”), and is intended solely for the use of the individual(s) to whom it is addressed. If you believe you received this e-mail in error, please notify the sender immediately, delete the e-mail from your computer and do not copy or disclose it to anyone else. If you are not an existing client of H&K, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to H&K in reply that you expect it to hold in confidence. If you properly received this e-mail as a client, co-counsel or retained expert of H&K, you should maintain its contents in confidence in order to preserve the attorney-client or work product privilege that may be available to protect confidentiality.

Good morning Real Estate Leasing Committee Members, The Tallahassee chapter of BOMA (the National Association of Building Owners and Managers) has asked if one of our committee members would like to speak to their chapter at 11:30 am, April 19th on a commercial leasing topic of our choice. BOMA members are typically senior leasing and property management people, and this is an excellent opportunity to demonstrate expertise to a group of potential clients. Please let me know if you are interested in speaking to this group and what topic or topics you would like to discuss. Thank you, Rick Richard Eckhard | Holland & Knight Partner Holland & Knight LLP 100 North Tampa Street, Suite 4100 | Tampa, FL 33602 Phone 813.227.6417 | Fax 813.229.0134 rick.eckhard@hklaw.com<mailto:rick.eckhard@hklaw.com> | www.hklaw.com<http://www.hklaw.com/> ________________________________________________ Add to address book<http://www.hklaw.com/vcard.aspx?user=Reckhard> | View professional biography<http://www.hklaw.com/id77/biosReckhard> ________________________________ NOTE: This e-mail is from a law firm, Holland & Knight LLP (“H&K”), and is intended solely for the use of the individual(s) to whom it is addressed. If you believe you received this e-mail in error, please notify the sender immediately, delete the e-mail from your computer and do not copy or disclose it to anyone else. If you are not an existing client of H&K, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to H&K in reply that you expect it to hold in confidence. If you properly received this e-mail as a client, co-counsel or retained expert of H&K, you should maintain its contents in confidence in order to preserve the attorney-client or work product privilege that may be available to protect confidentiality.