Commercial Leasing

Facility leases are a critical part of most businesses’ operations and cost structure. We negotiate and prepare commercial leases on behalf of both landlords and tenants. Whether you are a property owner seeking to protect and maximize your interests, or a company in need of a lease that meets your business objectives, we can deliver valuable advice and legal services.

We handle leases for the following types of facilities:

  • Office
  • Retail
  • Ground leases
  • Industrial and warehouse
  • Restaurant
  • Garage
  • Medical office

Our services include:

  • Lease negotiation, review and drafting
  • Lease renewals
  • Commercial lease disputes
  • Build-to-suit
  • Renewal and expansion amendments
  • Subleases and assignments
  • Termination agreements
  • Tenant Improvement construction, construction management and architect agreements
  • Reciprocal easement and declaration of covenants agreements
  • License agreements
  • Management agreements
  • Commission agreements
  • Disturbance agreements
  • Estoppel Certificates

Green Leasing

In the most basic sense, a green lease is any lease that contains sustainability commitments or provisions. Whereas conventional leases usually pass on risks and costs to the tenant, a green lease can ensure that the party who pays for energy savings measures or investments will also obtain the benefits.

Green leases may include the following provisions:

  • Building Rules and Regulations
  • Operational Performance of Building
  • Tenant Build-Out
  • Rent Structure and Operating Expense
  • Energy Use by Tenant
  • Green Materials and Cleaning
  • Procurements of Consumables and Electronics
  • Tenant Manual and Development Guidelines
  • ENERGY STAR Rating, LEED or other certification
  • Building Commissioning
  • Retrofitting Program
  • Energy Optimization Plan
  • Renewable Energy
  • Separate Metering
  • Building Operation and Maintenance
  • Recertification Issues
  • Waste and Diversification Audits
  • Building Recycling Program
  • Waste Storage and Transport
  • Toxic Material Source Reduction

Counsel Direct can assist with the following:

  • Negotiate and Prepare Leases that Provide for Cost Savings and Sustainability
  • Evaluate Landlord/Tenant Costs and Benefits for Sustainable and Energy Saving Features
  • Advice Regarding Insurance, Including Costs Associated with LEED, Energy Star, Green Globes or Similar Program Costs
  • Allocate Tax and Other Subsidies for Commercial Lease Clients
  • Enforcement of Lease Covenants
  • Issues Relating to Sublease, Assignment, or Sale of a Controlling Interest in a Tenant Entity
  • Address Non-Compliance of Green Leasing Terms
  • Specification of “Green Practices,” Including Requirements to Maintain Certification/Ratings, Recycling/Waste Separation Programs, and Energy Consumption
  • Tenant Build-Out and Alterations
  • End of Term Obligations

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Counsel Direct Law Offices

137 North Acacia Avenue
Solana Beach, CA 92075
Phone: 858-259-6555
Fax: 858-259-6559