Ground Lease Negotiations in Public-Private Developments

Production Date: October 30, 2017 Practice Areas: Contract Law, Real Estate, and Administrative Law Estimated Length: 3986 minutes


$ 59 Contract Law, Real Estate, and Administrative Law In Stock

Many public-private development projects are structured through the use of a ground lease. Given the competing objectives of the parties and the long-term nature of the relationship, ground lease negotiations are typically fairly complex, and while negotiations may be lengthy, the parties can find great value in a ground lease through careful consideration of its key provisions. For the public sector party, a ground lease provides a mechanism to structure its involvement in both the project’s development and operational phases, the means to ensure that particular public interest objectives are achieved and the opportunity to realize longer-term economic value in the property once improved. For the private sector party, a ground lease allows for the opportunity to develop a project without carrying a significant upfront acquisition cost for the land, a means to access tax benefits in connection with the project and a structure that can adjust over time as the project enters different stages of its development and operations.     

This course, presented by Patrick O’Sullivan, Partner at Herrick Feinstein LLP, reviews the use of ground leases in the public-private development context and highlights how negotiation of its key provisions can facilitate the successful development of such projects.

Learning Objectives:

  1. Identify the key terms to be negotiated in a ground lease involving a public-private development
  2. Discuss what the key challenges are in negotiating each of these terms
  3. Understand the objectives of the public sector and private sector in negotiating ground lease terms
  4. Review the ways that parties can craft provisions to align their interests and optimally allocate risks in these transactions     

Mark W.
Boulder, CO

Really excellent presentation; I learned a great deal. Understandable and interesting. High marks

B.A. S.
Falls Church, VA

Presenter made the topic of ground leases very understandable!

Gerald B.
McLean, VA

Very good.

Kamran M.
Scarsdale, NY

highly informative presentation. Thank you.

Suzanne V.
buffalo, NY

Excellent presentation and course materials.

Stuart P.
Fairfax, LB

Good info

John L.
Dumfries, VA

Informative presentation.