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June 2020 Archives

Shopping centers and co-leasing clauses in commercial leases

Retail owners operating in the same Orange County location often have a symbiotic relationship. The success of one or two stores, usually the larger anchor tenants, will usually affect the success of the smaller ones, and the smaller stores may drive more traffic into the larger ones. For this reason, many commercial leases include co-leasing clauses for tenants in shopping centers.

Missing the fine print in a commercial lease could be costly

Orange County retail business owners may be anxious to get into the rental space they have chosen before someone else snaps it up. Premium locations can be a challenge to find, so getting through the commercial lease process quickly is often a goal. However, that could be a mistake since the fine print could contain hidden costs that will drive up the price of rent and possibly jeopardize a business's success.

2 things every development needs: Utiilities and access

Finding a new plot of land on which to build a new project can be a challenge here in California. As cities continue to grow, developers look for new places that will suit their ideas and support a new development. Before settling on a place to build, it would be beneficial to make sure that future customers, clients and tenants have easy access to get onto and off the property as well as the utilities they need in order to live and work comfortably. The time needed to conduct any analyses and make any improvements needs to be worked into the cost and timetable for a particular development.

Is it time to cut ties with a franchisee?

If you are the owner of a franchise, one disagreeable task that may become necessary is the removal of a franchisee. This may have been in the pipeline for a long time due to underperformance or other issues. Alternatively, it could have arisen out of the blue due to an egregious public action on the part of the franchisee.

Review collection terms in development construction contracts

When beginning a new project here in Orange County or elsewhere, it will usually be necessary to enter into an agreement with a company to handle the renovation or build. Construction contracts can be long with a substantial amount of provisions and fine print. Two items to make sure to review -- in conjunction with everything else -- prior to signing and beginning work on the development involve the contractor's rights when it comes to collecting for non-payment.