Feature

Protect Interests When Leasing Mixed-Use Space

August 8, 2017    
Mixed-use properties have become ubiquitous in most areas of the country. Often, they make the most of a property’s layout, especially in tight urban neighborhoods—providing easy-to-access commercial space on a first floor and residential units on the floors above so no space is wasted...
Related Tools: Put Five Key Provisions in Leases at Mixed-Use Buildings
Feature

Protect Your Interests When Leasing to Franchise Tenant

July 21, 2017    
The goal when leasing to tenants at your center—and especially those that pay percentage rent—is to pick businesses that draw the most customers. If a product or service is a “favorite” of a customer, there’ll be repeat business. For this reason, leases with nationally...
Related Tools: Treat Franchise Agreement Termination as Default
Negotiating Tips

Include Six Requirements in Lease with Limited Liability Tenant

July 21, 2017    
Not all tenants are created equal when it comes to the way they are organized. That is, whether a tenant is a professional corporation, professional limited liability partnership, or professional limited liability company matters during lease negotiations, and it should guide the guaranty...
Related Tools: Get Guaranty for Lease with Limited Liability Entity
Owner Loses

Tenant's Use of Cooking Equipment Permitted by Lease

July 21, 2017    
Facts: A sushi restaurant began operating in the basement space of a mixed-use brownstone building that included other commercial space and some apartments. It became apparent that cooking odors were wafting into the first-floor commercial space, which was vacant but being shown to prospective...
Dos & Don'ts

Don't Lease to Tenants 'Off Brand' from Synergy

July 21, 2017    
Although the model of the traditional shopping mall—one or more big box or anchor stores as a destination and smaller in-line tenants that benefit from the foot traffic—has changed over the years, the concept of a synergistic relationship among tenants continues. Convenience is key and...
Dos & Don'ts

Design Crowd Control Strategy for Holiday Season

July 21, 2017    
With the start of the holiday season coming up, kicked off by Halloween and ending after Christmas, you should start to prepare for the inevitable increase in foot traffic at your shopping center. You can do this by addressing two issues: traffic and time.
In the News

Fed Proposes Raising Bar for CRE Appraisals

July 21, 2017    
In a notice of proposed rulemaking the Federal Reserve Board said it wants to raise the threshold for commercial real estate transactions requiring an appraisal to $400,000. The Federal Deposit Insurance Corporation and the Office of the Comptroller of the Currency noted that raising this threshold...
Feature

Negotiate Safeguards for Patio Restaurant Tenant

June 21, 2017    
With the failure rate of new restaurants hovering around 59 percent in the first three years of opening, it’s not surprising that restaurant owners are trying to come up with a hook—a theme, a specific type of ambiance, or discounts for certain groups or time periods in the day or...
Related Tools: Control Restaurant Tenant's Use of Patio Area
Dos & Don'ts

Don't Forget Nonwaiver Provision to Help Evict Tenant

June 21, 2017    
An eviction right in your lease is invaluable if things go south with a tenant who fails to pay rent, but you could undo what might’ve been a hard-won right for you in negotiations if you accept some, but not all, of the overdue rent even after you’ve started the eviction proceeding....
Dos & Don'ts

Expand Parties Covered in 'Additional Insured' Term

June 21, 2017    
Sometimes a lawsuit stems from someone being injured in your tenant’s space. Savvy shopping center and office building owners know that they can protect themselves by requiring the tenant to name them as an “additional insured” on their liability insurance policies. But if your...
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