Posts Written by Matt Van Dyk

07 May 2019

How to Make Ground Leases Financeable (Part 1)

Alan Schwartz and Jim Ens discuss how to make ground leases financeable.  Ground lease transactions are increasing in Michigan and cam be more complex than a traditional mortgage.  Topics include leasehold mortgages, value of leaseholds in the eye of the lender, lender concerns and more.

23 April 2019

What to Watch for in Construction Disbursement ...

Alan Schwartz and Jim Ens wrap up their discussion on construction disbursement agreements in this episode. Topics include what happens when final payment is requested, what deliverables should be covered by the agreement, which inspections and forms are required to verify project is complete, retainage and more.

09 April 2019

What to Watch for in Construction Disbursement ...

Alan Schwartz and Jim Ens continue their discussion on construction disbursement agreements in this episode.  Topic include process for getting disbursement upon deliveries, use of lien waivers, which parties must review and approve payments and more.

26 March 2019

What to Watch for in Construction Disbursement ...

Alan Schwartz and Jim Ens discuss issues related to construction disbursement agreements, including who are the parties to the agreement, who benefits from this type of agreements, what construction costs can and are covered by this agreement and much more.

Commercial Buildings
12 March 2019

Important Steps In Pre-Leasing Due Diligence (P...

Jim Ens and Matt Van Dyk continue their discussion on the due diligence steps a tenant should take before signing a lease.  Discussion continues on the importance of pulling the title commitment to review tax liability of assessments, confirm ownership of the property, and confirm lenders for the property for the securing of SNDAs (listen […]

Commercial Buildings
26 February 2019

Important Steps In Pre-Leasing Due Diligence (P...

Jim Ens and Matt Van Dyk discuss the due diligence steps a tenant should take before signing a lease. These include gaining land control by securing a letter of intent or agreement to enter into a lease with binding language or at minimum a stand still provision. Review of provisions such as land use provisions […]

Office Interior
12 February 2019

Tenant Build-Out Provisions: Who Pays for What?...

Miller Johnson attorneys Erik Starck, Matt Van Dyk, Jeff Ammon and Jim Ens conclude their discussion on tenant build-out provisions in a lease agreement in this podcast. Topics include tenant financial concerns and considerations, ongoing construction concerns, excess tenant improvement allowance amounts and how that is handled, and more.

Office Interior
29 January 2019

Tenant Build-Out Provisions: Who Pays for What?...

Miller Johnson attorneys Erik Starck, Matt Van Dyk, Jeff Ammon and Jim Ens continue their discussion on tenant build-out provisions in a lease agreement in this podcast. Topics include how and when tenant allowance get paid, what is considered the end of the tenant allowance, defining the scope of a tenant allowance, coordination of construction […]

Office Interior
15 January 2019

Tenant Build-Out Provisions: Who Pays for What...

Miller Johnson attorneys Erik Starck, Matt Van Dyk, Jeff Ammon and Jim Ens start their discussion on tenant build-out provisions in a lease agreement in this podcast.  Topics covered include “white box,” tenant improvement clauses, tenant improvement allowances, how plans and specs for build-out are handled, removal of tenant improvements at termination of lease and […]

02 January 2019

The CAM Scam in Leases (Part 3)

Miller Johnson attorneys Matt Van Dyk, Jeff Ammon and Grant Schertzing conclude their discussion on important parts of Common Area Maintenance (CAM) fees associated with leases.  Topics include landlord push back on CAM fee auditors being paid on a contingency basis versus flat fee, issues surrounding gross up provisions by the landlord in a partially […]