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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Real Property - Transactions

Date & Time
  • event Date

    Thursday, January 14, 2021

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$347.00
CLE
ALL

This CLE course will advise real estate attorneys that represent landlords and tenants on the increased liabilities and legal issues related to curbside pickups, an increasingly utilized practice to comply with OSHA and CDC safety guidance related to COVID-19. The panel will address the need for potential increased signage and insurance coverage, how leases should be negotiated to address such activities, and how costs should be distributed amongst tenants with vastly different usage rates of common areas such as parking lots.

Faculty

Tal Diamant
Partner
Bryan Cave Leighton Paisner

Mr. Diamant is a Partner in the real estate practice group who focuses on leasing, acquisition/disposition, development, real estate partnership formation and financing work for a wide variety of assets. With an unsurpassed understanding of the market and his clients’ business strategies, he gets involved at the earliest stages of deal structuring and demonstrates the know-how necessary to assemble the best team for each client’s project. With over 25 years of experience in the industry, Mr. Diamant is more than legal counsel, he is a trusted advisor offering valuable insight on business decisions, legal matters and strategic issues.

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Patrick R. MacQueen
Miscellaneous
Stacy Ann Osmond
Partner
DLA Piper

Ms. Osmond concentrates her practice in the areas of joint venture and real estate investment, leasing, real estate financing, acquisitions and dispositions, corporate real estate services, the real estate aspects of mergers and acquisitions, development and general real estate.

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Description

Continued indoor capacity restrictions in retail and restaurant spaces have led to the increasing use of curbside pickup. Whether it is a trip to the local hardware store or takeout from a restaurant, companies have adapted to their customers' needs and preferences to socially distance.

Current leases weren't executed in anticipation of a global pandemic and the extensive use of curbside pickups. The lease stakeholders, including landlords, tenants, and consumers, had little reason to consider the legal implications and risks with this practice. Landlords have to consider the issue of increased traffic, which may result in the need for increased maintenance of common areas and the potential for more accidents on the property. Likewise, the parties must consider whether curbsite pickup violates any local zoning, land use or private covenant restriction.

To make use of this option, most tenants will want clear and appropriate signage. Lease, covenant and local regulations may restrict the use of signs on the property. Counsel for all parties must consider how to amend the lease to accommodate all existing restrictions properly.

Listen as our expert panel provides best practices on amending leases and complying with regulations to continue properly providing curbside options to clients and allowing tenants to operate legally within a contractual and statutory framework.

Outline

  1. Legal guidelines
    • OSHA
    • CDC
  2. Lease restrictions
    • Common area use
    • Common area maintenance costs
    • Signage
    • Additional insureds
  3. Legal restrictions
    • Signage
    • Zoning and land use
  4. Best practices

Benefits

The panel will review these and other relevant topics:

  • How should landlords allocate the cost of increased common area use by limited numbers of tenants in a multi-tenant property?
  • How can landlords and tenants address sign restrictions while providing for curbside pickup?
  • What type of additional insurance should landlords require due to increased potential risks associated with curbside pickup?
  • What are the best practices for amending a lease to allow curbside pickups? Should these be long-term or short-term considerations?