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Real Property & Development Review

Tag Archives: Leases

In Alaska, Oil and Gas Leases Convey Property Rights; Permits Do Not

Posted in Environmental

The Supreme Court of Alaska held that the Alaska Constitution requires only one “best interest finding” that an oil or gas project is in the state’s best interest, although subsequent permitting decisions must be made after a “hard look” that considers cumulative impacts.  Sullivan v. Resisting Environmental Destruction on Indigenous Lands (REDOIL), Decision No. 6769… Continue Reading

Is Your Tenant a Criminal?

Posted in Real Estate

As originally published in the Daily Journal of Commerce Landlords, whether residential or commercial, almost always include in their leases three requirements dealing with legal compliance. First, the lease limits the premises to specific legal use(s) or expressly allows any legal use of the premises. Second, the lease requires the tenant to comply with all… Continue Reading

Solar Roof Top Leasing

Posted in Environmental

Ikea Portland just completed a solar installation on its retail facility by powering up a nearly 500 kilowatt system. Ikea joins a growing list of companies, including Wal-Mart, Google, and Costco, that are also adding solar panels to their buildings. The question that often pops into my mind as I look out my office window… Continue Reading

Biggest Restaurant Leasing Mistakes: How to Avoid Them

Posted in Real Estate

The restaurant leasing panel at Food Times at Restaurant High (a national restaurant industry legal and business conference hosted by Davis Wright Tremaine in Seattle, WA) covered ten of the biggest issues facing operators in negotiating restaurant leases.  Attorneys John Benazzi (DWT), Steve Rich, Glenn Inanaga (Panda Restaurant Group), CPA Justine Hunter (Moss Adams) and… Continue Reading

Important Considerations in Negotiating Radius Restrictions

Posted in Real Estate

As originally published in Daily Journal of Commerce Folks in the hotel or restaurant industry are probably very familiar by now with “radius restrictions.” These requests are increasingly being included in contracts by landlords in commercial leases, owners in management agreements (such as for hotels, restaurants, theaters or other venues operated on behalf of the… Continue Reading

Seattle Landlords’ Energy Efficiency Reports Due Oct. 3, 2011 or April 1, 2012

Posted in Land Use

Authored by:  Clayton Graham and Jim Greenfield Many Seattle landlords and other building owners will soon need to begin reporting on the energy efficiency of their buildings. As reported in DWT’s Northwest Real Estate Blog last year, a Seattle ordinance passed in connection with the state’s Efficiency First! Act requires many Seattle building owners to… Continue Reading

More Landlords Allowing Pets to Set Themselves Apart

Posted in Real Estate

As published in the Daily Journal of Commerce How should a potential tenant decide which building to select for office space? Rental rate, incentives, class of space, location and tenant improvements make the usual list of important factors. In this competitive market, landlords are paying more attention to how they can differentiate their office space… Continue Reading

Real Property Letters of Intent: Use and Purpose

Posted in Real Estate

As published in the Daily Journal of Commerce In many commercial transactions involving the lease or sale of real property, the first document drafted by the parties to evidence the agreement terms is a letter of intent. Generally speaking, the letter of intent is simply an expression of the parties’ intent to proceed with formal… Continue Reading

FASB Sounds Retreat on New Accounting Standards for Leases

Posted in Real Estate

Last year we reported in advisories directed to our health care (see advisory) and real estate (see advisory) readers that the Financial Accounting Standards Board (FASB) is considering new accounting rules for real estate and equipment leases, new rules that would dramatically change the way in which leases are reported in financial statements of public… Continue Reading

Washington Supreme Court Rejects Argument that Reduction in Lease Term Upon Assignment Violates Manufactured/Mobile Home Landlord-Tenant Act

Posted in Real Estate

In a 5-4 decision, the Washington Supreme Court held that a 25-year lease subject to the Manufactured/Mobile Home Landlord-Tenant Act (MHLTA), RCW 59.20, does not violate the MHLTA’s prohibition against restrictions on assignment, RCW 59.20.060(2)(d), .073(1), if the lease provides that the lease term is shortened to one or two years in the event of… Continue Reading

Standard Lease Forms Aren’t Always Best

Posted in Real Estate

As published in The Daily Journal of Commerce Vacancy rates for commercial space, already high, continue to increase. Traditional long-term tenants are in short supply. Out of necessity, landlords are inventing new occupancy arrangements. These creative solutions, however, often require special kinds of occupancy agreements. Common examples include pop-up stores, shared offices, government agencies, and… Continue Reading