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A New Member Of The Hospitality Industry

Ken MacKenzie and Camilla Jensen

Hospitality is often thought of as a matter of “heads in beds” – a refuge for the weary business traveler at the end of the day. What if we could create a hotel-like operation for businesses themselves, one that would host, energize, and engage them on multiple fronts throughout the workday? That is exactly what CIC, a Cambridge Mass.-based global flexible workplace company and creator of innovation campuses, has done. Notably, CIC’s new CFO, Camilla Jensen – the co-author of this article – is a former Marriott senior executive. Jensen’s hiring makes explicit what has been implicit from the time of the company’s founding: in many ways, CIC is like a hotel for emerging companies and entrepreneurs, a hotel called an “innovation campus.”

In the post-pandemic world, new and different types of companies are increasingly considering a shift from traditional leased space to more flexible and adaptable space. The shift appears even more significant as companies of all sizes and maturities are catching on to the value proposition inherent in the flexible workplace and public space environments CIC provides. CIC’s model fosters the strong desire for in-person connection and collaboration that creative and intelligent people possess.

Would you like to gather with other bright minds and have a beer at Venture Café while listening to a startup pitch and then bounce ideas off one another? You got it. Need to have a meeting with an investor? No problem. You can book a conference room at CIC, decked out with the latest technology to make your presentation sparkle, not to mention hybrid meeting capabilities. Feeling peckish? Snacks and drinks are readily available in the common kitchens, including a variety of teas and healthy options. All included.

A workplace with the option to scale up or down on demand, and even into new locations in cities around the globe as the need arises, is a new paradigm. CIC clients may find themselves in cities in the US, Europe, or Japan – each campus with a wide variety of spaces available, all-inclusive amenities, high-touch client service, and 30-day terms. CIC can accommodate multiple sizes and types of setups, from hybrid, fully in-person, and coworking space to private and shared lab space for innovative life sciences companies. In addition, CIC provides strong community-building offerings for both big and small organizations. As new needs for flexibility and collaboration morph into the new normal for how we work, the winners of this pivotal shift in the industry will be companies that create a value proposition that goes beyond brick and mortar.

Jensen joined CIC earlier this year after a 16-year career at Marriott. “I was intrigued by the obvious parallels to the classic hospitality industry inherent in CIC,” she said, noting that the flexible workplace industry is still in its infancy and akin to the hotel industry of 20+ years ago. In the post-pandemic work environment, the way we collaborate, and work together appears changed forever. There continues to be a strong desire to collaborate face-to-face, but with greater emphasis on flexibility and hybrid options.

Jensen added, “When I saw the unique approach deployed by CIC compared to the traditional shared office space model, and even other operators in shared space, I did not hesitate to join the company. CIC has created an offering that positions it much like a boutique hotel providing location, quality, and experience…much more than just a building and a desk.”

As other members of NEREJ’s hospitality advisory board would tell you, the feasibility of a hotel depends upon its demand generators. CIC creates demand in part by co-locating its innovation campuses in proximity to, and often in collaboration with, the world’s premier universities and prominent movers and shakers that are churning out the entrepreneurial, innovative thinkers drawn to its model. Hotel brands seek to build guest loyalty, as does CIC by creating innovation communities that provide opportunities for exceptional entrepreneurial clients to collaborate, network, and share resources, which helps them grow faster and better.

While hosting innovative, creative, and collaborative businesses is CIC’s model, the system could not succeed without the people in place to implement it. Turn to any one of CIC’s social media channels (@CICNOW on Instagram or Cambridge Innovation Center on LinkedIn) to find innumerable posts by various CIC-ers celebrating the achievements and adventures of CIC’s clients and staff. Hospitality is, after all, about being hospitable. If you look carefully enough around any CIC campus you’ll readily spot the concierge, front desk, housekeeping, engineer and food and beverage. The most successful hotel companies are those that recruit, retain, and promote the right people for the right jobs. CIC’s employees are engaged in the company and dedicated to its mission to fix the world through innovation. They contribute to its creativity and they feel valued. As the long-time general manager of a landmark Boston hotel once remarked, “We want our people to get up and ‘skip to work’ every day.” Those people are integral to the guest experience not only through the level of service they provide, but also by the attitude they project, and happiness is often contagious.

During the height of COVID, many real estate industry analysts opined that the pandemic would put an end to the shared workplace. At the time, it seemed easy to pay heed to the doomsayers. The numbers, however, have proven them wrong. While the early days of the pandemic were disheartening for any business, there were multiple signs of brand loyalty that signaled that shared workspace would indeed bounce back and grow. During the height of the pandemic, nearly two thirds of CIC’s pre-COVID clients chose to retain their membership. After announcing strong vaccination policies at its U.S. innovation campuses, CIC experienced a near 10% increase in U.S. revenues over the 10 weeks following the announcement. In March of 2022, CIC’s Massachusetts sales team fielded more inquiries for new space than at any other time in the company’s history. Campus tours in January 2022 increased by 43.5% as compared to December 2021. Most remarkably, occupancy in CIC’s Massachusetts campus is on pace to exceed pre-COVID levels. During the pandemic, the company also expanded around the world, launching locations in Japan and Poland.

What does the future hold for innovation, collaboration, and workplace environments? We can only speculate, but we are confident that we’ll see it first at CIC.

Ken MacKenzie is partner of Dalton & Finegold, LLP and a member of the International Hospitality Consultants (ISHC).

Formerly MacKenzie was the co-leader of the hospitality and recreation group at Goulston & Storrs. MacKenzie represents institutional investors, private equity funds, investment managers, pension funds, university endowments, REITs, major lending institutions and developers in the acquisition, financing and disposition of all classes of real estate assets both nationally and internationally.

MacKenzie specializes in transactions involving hospitality assets and has significant experience in large-scale joint-ventured deals, often involving non-profit institutions such as universities or hospitals. He frequently assists clients in structuring their responses to RFPs for complex mixed-use projects.

MacKenzie received his A.B. from Dartmouth College and his J.D. from Boston University School of Law, where he graduated magna cum laude. MacKenzie is admitted to practice law in the state of Massachusetts.

Camilla Jensen is the chief financial officer at CIC. She is an experienced leader focused on driving results at the intersection of vision, strategy and financial acumen. Having spent 16 years at Marriott International, Jensen held multiple roles with responsibilities including finance, asset management, crisis management, negotiating workout agreements and optimizing the merger synergies between Marriott and Starwood. In addition to her expertise in the hospitality industry, Camilla also brings an international perspective, having grown up in the Danish/German border region and working throughout Europe, the Americas and in select countries in Africa and Asia over the course of her career. She has an MBA from American University in Washington DC and a Master of International Business and Languages from Odense University in Denmark.

View the article on the NEREJ website, published May 20, 2022.

*Article posted with permission of New England Real Estate Journal

Estate Planning Partner, Ashley Evirs, Joins Dalton & Finegold

ANDOVER, MASSACHUSETTS – June 2, 2022 – Dalton & Finegold, a Massachusetts based law firm specializing in real estate law, estate planning, and litigation, welcomes Attorney Ashley Evirs as partner, joining the firm’s growing Estate Planning team. Evirs specializes in all facets of estate planning, estate and trust administration, and long-term care planning.

Ashley Evirs brings over 10 years of experience customizing estate plans designed to avoid probate, minimize estate taxes, and provide asset protection. She is an active member of the Massachusetts Chapter of the National Academy of Elder Law Attorneys and a Wealth Council Member. She received her undergraduate degree from University of Delaware and completed her law degree at Roger Williams University School of Law.

Evirs advises clients on available estate planning strategies, sets up Irrevocable Trusts for protection purposes, and locates planning deficiencies. She is highly skilled with elder law matters including long term care planning, asset protection planning, and providing counsel through the MassHealth/Medicaid long term care application. Additionally, she specializes in counseling clients through the loss of a loved one by handling probate actions, navigating resolutions for family disputes, acting as Trustee for clients, representing Trustee’s to counsel, and guiding the administration process, as well as preparing and filing state and federal estate tax returns. She often speaks at retirement and assisted living facilities throughout the metrowest and south coast areas. Evirs will practice out of the Boston and Lakeville offices primarily, traveling to the other Dalton & Finegold offices as needed.

“Ashley Evirs is a highly regarded estate planning attorney who is known for providing exceptional guidance and individualized attention to every client. We are thrilled that Ashley is joining our growing Estate Planning team, bringing experience and expertise,” said Barry Finegold, Co-Founder and Managing Partner of Dalton & Finegold.

About Dalton & Finegold, LLP

Dalton & Finegold, LLP specializes in residential and commercial real estate law, estate planning, probate administration, business law, and litigation. Headquartered in Andover, Massachusetts, with offices in Boston, Amesbury, Concord, Marlborough, Manchester, and Nashua, we have been providing exceptional service to our clients for over 20 years. Learn more at dfllp.com.

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CONTACT: Anne Webster, COO | Phone: (978) 470-8400 | Email: awebster@dfllp.com

No Room for Ambiguity in ‘Build to Suit’ Leases

Leases Place Numerous Obligations on Landlords and Tenants
By Christopher R. Vaccaro
Special to Banker & Tradesman

Special issues arise in commercial lease negotiations when landlords commit to build leased premises from the ground up for retail tenants. Landlords and tenants must take care to properly document these arrangements.

The economics of “build to suit” leases are simple enough. Landlords agree to build “shell space” consisting of foundations, exterior walls, roofs, structural components and mechanical systems using their own funds or construction financing. Landlords expect to recover their costs, plus profit, from tenant rents over the lease term. Tenants take responsibility for “tenant finish work,” such as installations of floor and wall coverings, internal partition walls and tenant fixtures.

No Room for Ambiguity in ‘Build to Suit’ Leases
Housing activists protest on the front steps of the State House in October 2021 to demand action on rent control bills.

Landlords often agree to pay tenants an allowance toward the cost of tenant finish work, while again recovering that expense plus profit from future rents. Such allowances are usually determined on a dollar per square foot basis. Under these circumstances, tenants are expected to pay for the tenant’s work initially, with landlords obligated to pay the allowance to tenants when the tenants’ work is complete, potential mechanic’s liens are released, and tenants have accepted possession and opened for business.

Deadlines Matter as Plans Evolve

These leases must describe the plans and specifications defining the construction. If plans are incomplete when the lease is signed, the lease needs mechanisms to finalize them. Both the landlord and the tenant are expected to submit to each other draft plans, and each party must review the plans and respond with suggested changes within a specified amount of time. Parties that fail to timely comment on submitted plans are deemed to have accepted the plans as-is. Leases should also accommodate the need for changes to plans during construction, because of unforeseen circumstances. It is recommended that parties agree on each other’s general contractors in advance.

After plans and specifications are finalized, each party must secure permits for its work. The lease should require the landlord to secure permits and complete the landlord’s work by a specific delivery date, but allow extensions because of events beyond the landlord’s control, such as inclement weather, natural disasters, shortages of materials, pandemics and construction moratoria. However, many tenants insist upon absolute deadlines for landlords to complete construction, regardless of the occurrence of such events. Tenants often require specific remedies when landlords fail to timely complete their work, such as liquidated damages, rent abatements and lease termination rights.

As the landlord’s work nears completion, tenants need advance notice of the delivery date, so they can mobilize their contractors and other personnel to start installing tenant improvements and preparing the space for use. After tenants accept delivery of the premises, they should have a limited time to complete their build-out and open for business, after which they are required to pay rent, whether or not they are ready to open.

After landlords deliver the premises, tenants should have time to inspect the premises and prepare punch lists of incomplete items. When tenants fail to timely list incomplete items, they waive their rights to make claims about them later. After tenants submit the punch list to their landlords, landlords should quickly resolve deficiencies. Tenants usually require warranties against latent defects in the landlord’s work, as well as assignments of warranties given to landlords by their contractors.

End of Lease Requirements Spur Dispute

Commercial rents are usually based on the leased premises’ square footage. For new construction, the actual square-footage of the leased premises cannot be determined until construction is complete. Therefore, tenants typically reserve the right to re-measure the leased premises upon completion, and to adjust rents accordingly. Landlords should limit the time for remeasurements, and have the right to conduct their own remeasurements to validate tenants’ figures. Disagreements should be resolved by a disinterested party.

Leases should also address what tenant improvements must be removed or must remain in the premises at the end of the lease. For example, in Wilder Companies Inc. v. California Pizza Kitchen Inc., a Massachusetts Superior Court considered a restaurant lease that did not specifically require the tenant to remove its trade fixtures and restaurant equipment when the lease expired. The tenant left behind a pizza oven, walk-in refrigerator, ice chest, counters and seating booths. The landlord sued the tenant for the $50,000 cost of removing those fixtures, as well as holdover rent, but the court dismissed the landlord’s lawsuit.

In leases requiring significant construction, there is no room for ambiguities or assumptions that parties will act “reasonably” when conflicts arise. Landlords and tenants should make sure that their leases cover the issues described above in detail.

Download the article as seen in Banker & Tradesman on April 25, 2022. Learn more about Christopher R. Vaccaro.

Dalton & Finegold Expands Law Firm to Serve Growing Client Base with New Partner, Associates, Staff and Office Location

ANDOVER, MASSACHUSETTS – May 4, 2022 – Dalton & Finegold, LLP, a Massachusetts based law firm specializing in real estate law, estate planning, and litigation, is thrilled to announce our continued expansion with the addition of a partner, two associates, and an Amesbury office with seasoned support staff. Adding the firm of Healey, Deshaies, Gagliardi and Woelfel brings additional experience and expertise to serve our growing client base and provides another convenient office location.

Paul J. Gagliardi joins as a Partner with 45 years of experience in real estate law, estate planning, estate administration, and business law. He began his law career in Amesbury where he was a partner in a highly regarded law firm and an active member of the Amesbury Lions Club and Amesbury Chamber of Commerce. Gagliardi is a member of the Massachusetts Bar Association.

“Looking toward the future it is important for us to be part of a well-respected law firm capable of continuing to represent our clients in Massachusetts and in New Hampshire. Our team is excited to join Dalton & Finegold, a full-service, client focused firm,” said Paul J. Gagliardi.

Two experienced associates, Attorneys Harold O. Beede and Althea B. Volper, and a full support staff are also joining our team. Beede, a member of both the Massachusetts and New Hampshire Bar Association, has been practicing law since 1991 and will focus on litigation. Volper is a member of the Massachusetts Bar Association, has been practicing law since 2007, and joins our growing estate planning team.

“The addition of Gagliardi, Beede, Volper, and their staff is a complimentary fit with our client centered mission and areas of practice. We look forward to a smooth integration and the ability to successfully serve our growing client base,” said Bill Dalton, Co-Founder and Partner of Dalton & Finegold.

“Our mission has always centered on providing our referral partners and clients with exceptional, personalized legal service. This addition brings three highly skilled, well-respected attorneys to our team and will allow us to meet the increasing demand for our services while continuing to deliver the level of service our clients expect,” said Barry Finegold, Co-Founder and Managing Partner of Dalton & Finegold. “With a strong support staff already in place, we are also able to provide our clients an additional service location in Amesbury”.

About Dalton & Finegold, LLP
Dalton & Finegold, LLP specializes in residential and commercial real estate law, estate planning, probate administration, business law, and litigation. Headquartered in Andover, Massachusetts, with offices in Boston, Concord, Marlborough, Manchester, and Nashua, we have been providing exceptional service to our clients for over 20 years. Learn more at dfllp.com.

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CONTACT: Anne Webster, COO | Phone: (978) 470-8400 | Email: awebster@dfllp.com

Dalton & Finegold, LLP named a 2022 Fast 50 company by Boston Business Journal

Boston, MA (March 28, 2022) — The Boston Business Journal has named Dalton & Finegold, LLP to its exclusive 2022 Fast 50 list, which represents the 50 fastest-growing private companies in Massachusetts.

“This is an exciting time at Dalton & Finegold. We attribute our growth and success over the last four years to the hard work and dedication of our Partners, Associates, and staff. When COVID-19 hit we did not know what our future might be, through the dedication of our employees and clients we changed around our processes and became stronger,” said Barry Finegold, Managing Partner of Dalton & Finegold. “We strive to build lasting relationships with our clients, always putting their needs first. This is a winning strategy that has been in place for over 20 years at Dalton & Finegold.”

The Fast 50 companies are selected and ranked based on revenue growth from 2018 to 2021. The numbers are crunched and analyzed by the Business Journal’s research department.

“We are so happy to be able to celebrate this year’s Fast 50 in person, bringing together the leaders, founders and professionals working at the region’s fastest-growing private companies,” said Carolyn M. Jones, market president and publisher of the Boston Business Journal.

A Fast 50 special publication is scheduled to run in the May 20 weekly edition of the Business Journal and online that week as well. A celebration to honor this year’s Fast 50 is scheduled to be held on Thursday, May 19th at the Long Wharf Marriot, Boston, MA where the rankings will be released.

Companies on the Fast 50 must have their headquarters in Massachusetts and must have reported revenue of at least $500,000 in 2018 and $1 million in 2021 were considered.

For the complete list of 2022 Fast 50 companies: https://www.bizjournals.com/boston/news/2022/03/22/bbj-releases-this-year-s-list-of-fast-50-honorees.html and event details: https://www.bizjournals.com/boston/event.

The Boston Business Journal is the region’s premier business media organization, one of 45 markets owned by American City Business Journals. For marketing and sponsorship opportunities, contact the Business Journal today.

Life Science Leases Bring Special Considerations for Tenants

Issues Include Permitting, Privacy and Environmental Clauses
By Christopher R. Vaccaro
Special to Banker & Tradesman

With its abundance of educational and healthcare institutions engaged in innovative research and development programs, Massachusetts is experiencing much real estate activity associated with life sciences. Landlords and tenants should consider several issues before making financial commitments to life science projects.

Life Science Tenants Commercial Real Estate Lease
Life science tenants need to consider unique elements of their real estate operations when negotiating leases with landlords. Anchor Line Partners and Northwood Investors broke ground in late 2021 on the 227,000-square-foot 245 Fifth Ave. development in Waltham after receiving $277 million in financing from RBC Real Estate Capital Corp.

Permitting is a threshold issue for laboratory uses. Life science tenants should not sign leases without assurances that necessary governmental permits are obtainable. Tenants that fail to secure permits are not excused from lease obligations. The Massachusetts Biotechnology Council (MassBio) has laid groundwork in this area. It ranks Massachusetts municipalities based on the availability of lab sites. Communities earn “gold” ratings if they have sites pre-permitted for biotech uses, or buildings where biotech activities are under way. Communities can earn “platinum” ratings if they have shovel-ready permitted sites that have completed review under the Massachusetts Environmental Policy Act. The list of gold and platinum rated communities is easily accessible at MassBio’s website.

Planning for Growth

Life science firms should anticipate future growth. Flexible short-term licenses in shared laboratories can work for startups, but as firms develop marketable products and attract Series A funding, they will graduate into fixed-term leases of specially designed facilities. Life science firms must identify landlords with financial resources to build out space properly, and avoid long-term commitments to spaces they expect to outgrow.

Tenants should have lawyers review leases in advance, to avoid unpleasant surprises. A Massachusetts medical device manufacturer encountered such unpleasantry in SpineFrontier Inc. v. Cummings Properties LLC.

The tenant originally signed a one-year lease for 331 square feet. The lease automatically renewed for five years unless the tenant notified the landlord otherwise by constable, certified mail or courier service. The parties later amended the lease to expand the tenant’s premises and extend the lease term. Before the scheduled expiration, the tenant emailed its landlord a nonrenewal notice. The landlord claimed that the emailed notice was inadequate and the lease renewed for five years. It demanded $1.7 million in accelerated rent. The Massachusetts courts ruled that the emailed notice and the parties’ other communications were sufficient to terminate the lease, thus rescuing the tenant from disaster.

Most landlords offer standard lease forms that prohibit tenants from assigning the lease or subletting space. This is unworkable for life science tenants whose business plans involve sales of their businesses to pharmaceutical companies or collaboration with other firms and scientists. Landlords and tenants of laboratory space need to modify assignment and sublease clauses to accommodate such business plans.

Environmental Issues

Landlords usually reserve rights to enter the leased premises for numerous reasons, including inspections and repairs, and showing properties to lenders and investors. However, widespread access rights are inappropriate where tenants develop intellectual property or conduct laboratory activities involving hazardous materials. Tenants need to make sure that “clean rooms” and other areas are off-limits to landlords.

Environmental issues are of particular concern in “wet labs” where tenants handle biological or radioactive materials or chemical solvents. According to Kevin Malloy, a principal at Avison Young who specializes in life science real estate transactions, “Landlords look to push all risks involving hazardous materials to tenants. They are also concerned about tenant operations impacting property insurance levels. Local fire chiefs have an active role in shaping building hazmat policy especially in urban environments. They often require thorough code review and hazmat storage and use permits from tenants.”

The condition of the premises at lease expirations is critical. Landlords cannot afford to remove vacant space from the rental market while cleaning up after prior tenants. In Prospect Hill Acquisition, LLC v. Tyco Electronics Corp., the lease required the tenant to remove “all equipment, ducts, fixtures, materials or other property that are or might be contaminated” when the lease expired. The landlord refused to accept the premises at lease expiration, because cyanide was found in the concrete floor. The landlord required that the tenant remove the contaminated flooring, while charging the tenant triple rent as a holdover tenant

A federal appeals court ruled that the phrase “equipment, ducts, fixtures, materials or other property” in the lease referred to moveable objects, not the concrete floor, and the lease did not obligate the tenant to remove it.

Commercial real estate experts learned during the COVID pandemic that the office and restaurant leasing markets are less stable than hoped, and demand for laboratory space presents opportunities. When exploring these opportunities, all participants should educate themselves on special issues affecting the life science industry.

Download the article as seen in Banker & Tradesman on February 28, 2022. Learn more about Christopher R. Vaccaro.