In the Spotlight: Secure Your Premises and Keep Employees Safe
How does a public place of business create a secure workplace without feeling like a prison in lockdown? There are several approaches to security. The first thing to consider is the area you want to protect. For example, installing safety film on windows helps to protect against injuries in the event that the glass shatters. In addition to the obvious threat of doors/entrances, the mailroom is an important point of access (remember the anthrax?). If you think your business may be a target, you could consider scanning the mail and having a separate air handler in the mailroom to contain any incident.
Restrictive Covenants in Commercial Developments
Recorded restrictive covenants in commercial developments present many issues. Two important factors to consider when granting such covenants include: 1) the reoccurring impact that they may have over the life span of a shopping center, and 2) the potential impact of such covenants on the current and future objectives of landlords and tenants who are parties to them.
In the Spotlight: What Every Tenant Should Know About Negotiating Parking Privileges in Commercial Leases
Designated, reserved parking spaces appurtenant to office leases are highly valued by certain types of tenants, especially in the downtown, metropolitan markets. Thus, a tenant's counsel must carefully consider the parking provision when negotiating an office lease. Landlord-oriented form leases often give the landlord the right: 1) to expand or change any parking area, 2) to temporarily close off portions of the parking areas for purposes of expanding, repairing, restoring, constructing or reconstructing the parking decks, and 3) to change, from time-to-time, the rules and regulations with regard to the parking area. The tenant's counsel should always make sure that the lease properly limits these rights so that they cannot be used in a manner that will potentially, adversely affect the tenant's use of its parking rights. All new rules should be limited by a "reasonableness" qualifier, and the landlord should be required to enforce the rules and regulations in a "nondiscriminatory manner as against tenant."
Exclusive Use Clauses in Shopping Center Leases
There are few shopping center lease clauses that are more important to a retail tenant than the exclusive use clause. For many retail tenants, the scope of the exclusive use clause represents the essence of the tenant's bargain with the landlord. A tenant's ability to "corner the market" in a retail center for its particular use adds tremendous value to the leasehold estate and can significantly expand the tenant's gross sales at the center.
The Pitfalls for Landlords to Avoid in Leases Involving New Construction
New construction always involves myriad unknowns — cost and timing are two of the biggest. However, if you add the complication of negotiating a lease at the same time, the problems quickly multiply. This article addresses some of these issues and provides advice for the landlord's use to avoid ending up in a situation where the lease becomes unprofitable.
