My good friend Gregg Pasternak tells us why we need audit rights in our leases, how they work, and how they should be structured.  I particularly like his opening line: “Operating Expense Audit Rights are Like Nuclear Weapons” You don’t want to use them, but it’s nice to know you have them, just in case.  ...Read More

It is amazing to me how many times I have represented tenants who would prefer to remain in their current location only to find that their landlord wants to “hold them hostage.”  What do I mean by this?  Well, most landlords are pretty smart and they understand how expensive it is for a tenant to...Read More

Many tenants are large enough in an office project to warrant asking for a building top or monument sign.  Just like retail tenants expect, this signage can drive new business or enhance the brand of the company.  In either case the negotiation of the signage rights requires a detailed examination of the situation.Read More

Many of our clients voice concern about waiving statutory rights in leases.  Gregg Pasternak is an attorney.  He specializes in the proper documentation of office and retail leases on behalf of our clients.  Below are his thoughts on the common waiver language in found in typical California leases: Statutory Waivers California leases typically contain language in a number of provisions...Read More

If you have been reading my blogs you know that I often offer my thoughts on the ins and outs of important lease clauses. Subleasing, Transfer and Assignment rights are typically handled in the same clause and are very important to the flexibility of any lease.  Multiple concepts are covered in the Sublease & Assignment...Read More

One of the most under-negotiated clauses in leases is the paragraph dealing with Use.  In general, when a landlord prepares a lease it limits the use as much as possible (i.e. “Legal Offices” or “Italian Restaurant”).  However, tenants should always try to negotiate the broadest use clause possible.  The reason for this is that business...Read More

I recently attended the NAIOP Capital Markets Review in Newport Beach California.  It was your typical Moderator / Panelist format with Mark Gibson off HFF leading the discussion among 3 large commercial property owners (Donald Akeny of Westcore Properties, Christopher Chee of The Blackstone Group, Bleeker Seaman III of Lowe Enterprises) rounded off by Allen...Read More

I get asked a lot of questions about real estate, but one question never stops coming.  It is asked by my clients, tenants I meet with, and other brokers in my office, “Should I get an allowance and build out my own space or should I just have the landlord build it?”  It is a...Read More

I read an article in the Harvard Business Review this morning (http://t.co/q61tlJ07) . It talked about how most big corporations are miserable at innovating. Other than a few bright spots like the Silicon Valley, where tech is driving commercial real estate demand, it seems like many areas just don’t have an economic engine to pull them out...Read More

I met with a client today who’s business has continually expanded over the last 10 years.  They have been smart and deliberate about planning for expansion.  Each time they have leased space and/or expanded they have been able to negotiate (in order of preference) a Right of First Offer (ROFO), Right of First Refusal (ROFR)...Read More