Burgers

Quick Leasing Advice, Sophisticated Deal Terms: EXCLUSIVE USE PROVISION

My name is Maheen Akhter. I love what I do, and I would love to bill you for it, but prior to doing ANY of that, I just want to equip you with knowledge, so you can ask for the right things, know what is going on, understand the traps, and JUST DELETE THE NONSENSE. 

Have you ever wondered why when there is a new Starbucks in  a plaza, no other coffee shops seem to be near? or how if a Starbucks does come near an old coffee shop in a plaza, no new coffee shops ever enter that plaza after a Starbucks appears? Well it’s because there is an exclusive use provision has been added to the lease. Such provisions generally reads like this:

Exclusive Use. To induce Tenant to execute this Lease, and subject to all of the terms and provisions of this Section, Landlord covenants and agrees that neither Landlord nor any affiliate of Landlord shall lease or rent any premises in the buildings known as West Ferry Plaza, generally located at [provide address] to any new tenant (including, without limitation, any assignee, sublessee, licensee or other occupant of such new tenant) that operates a Competing Business (as hereinafter defined) without Tenant’s prior written consent, which consent may be withheld in Tenant’s  sole and absolute discretion. “

In an ideal world you can define “COMPETING BUSINESS” to mean any business that is primarily in the business of selling coffee, so you are not excluding grocery stores, or other stores that are not directly competing with you & actually funnel customers your way.  In order to effectively make sure you are excluding the right type of businesses, you  may consider saying something like, “obtains 50% of its revenue from coffee sales.”  You also may use these sorts of modifications to strike a deal with your potential landlord as well.

 What if you have an exclusive use clause in your lease, but it’s vague? The general rule in some states  requires that language of exclusiveuse clauses should be narrowly construed, and all doubts should be resolved against a possible construction that would increase the restriction upon the use of real estate.

  What if the Landlord breaches the “Exclusive Use” provision? 

  1. Option to terminate the lease, and receive damages  (maybe you and the Landlord prenegotiate what  these damages look like?)
  2. Option to terminate and receive a refund all monies spent on Tenant Improvements, along with the cost to relocate, and any fees paid by the tenant to a broker to find a new space.

I will tell you this-if your ONLY REMEDY is to terminate the lease, courts usually feel like that is not a true remedy. Terminating the lease and giving up your business location and the investments made in improvements would not provide any benefit or remedy to you. You could  argue that the remedies clause is unenforceable because it fails its essential purpose. A similar argument was made in Simon Prop. Grp., L.P. v. Kill, 2010-Ohio-1492, 47, and the court sided with the Tenant.

I  am trying really hard not to ramble, so that you’re some what interested in using this clause in the next lease you enter into. I know, I use “coffee shop” as my example, but this is an excellent provision to have in ALL leases, including medical spaces, book stores (ha- is that even a thing?), sandwich shops, spas, grocery stores, dry cleaning, nail salon, veterinarian clinics, etc.

Good luck.

 

 

 

 

 

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Rosebud Burger (Short Rib and Brisket meat)!

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I went into work this past Wednesday and had a great time listening it to a great client meeting with my boss. The client has is a band (incredibly talented) and their father has quite the life story (so wants to figure out a book deal). After the client meeting, my boss suggested we go  and grab some lunch– he suggested Rosebud. If you can remember from a previous post, I had a great experience at RoseBud in October for my birthday! The food and service were great, and, once again, Rosebud did not fail to deliver.

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This time I wanted to get the LOBSTER QUICHE! Unforunately, they were sold out! Fortunately, I decided to try the Burger– and O.M.G. IT WAS SO GOOOOOD. I enjoyed half of it as Rosebud, along with a pasta salad. I enjoyed the 2nd half of it for lunch the following day (and it was still amazing)! The burger is juicy, and I devoured every drop of the bbq sauce and I love the caramelized onions and the slice of homemade cheddar (which reminded me of Brie)

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My Boss is on the Atkins diet and is trying to get healthy and lose weight for the upcoming holiday season. I admire his commitment to good health. He watches what he eats & runs, yet still gets to enjoy all of the great Atlanta food and drinks. He truly lives a balanced lifestyle.

He ordered a “Dude It’s a Salad”. He LOVED it!

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it comes with a Bison burger. Bison meat is leaner than beef and has a higher iron content than beef! It’s truly great meat for my health  conscious friends.

I hope you check out these two dishes at Rosebud. Tell me what you think!

Bocado: The Best Burger In Atlanta

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Craving a burger? If so, I suggest you hit up Atlanta’s hippest joint: Bocado. Located near 10th and Howell Mill Rd., this restaurant and it’s burger were recently featured on Atlanta Eats, where they divulged details on how they make their burgers so darn good!

What to order: Bocado Burger w/ seasoned fries.

Bocado is a trendy joint. They have outdoor, indoor and bar seating. Complimentary valet (who I think scratched my car!) and a nice service staff (our waitress was lazy, or maybe Bocado was understaffed for Saturday night dinner — but she failed to make appropriate rounds as far as refilling our cups with water, or asking us how we were doing!), but the other service people (like the bar tenders) all seemed nice and even said goodnight as we exited the restaurant.

What to wear: I would dress on the trendy side.

Ladies: if you wear heels or pleather leggings you’ll be fine. I would NOT dress clubby, or in a t-shirt and sweats (you will be out of place).

Gentlemen: Leave your suit jacket in the car, and leave your rainbows at home. Look nice, after all this is a trendy venue. A v-neck, polo, or collared shirt should be fine. Absolutely NO basketball shorts or tank tops.

Have you been to Bocado? Did you love it? Leave a comment — let me know!