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Unique Challenges Faced When “Crafting” a Commercial Lease for a Brewery

As craft breweries often merge retail and industrial leasing concepts, they face a unique set of legal issues when negotiating a commercial lease agreement for their production facility and/or tasting room. License/Permit Contingencies and Permitted Use Provisions are Critical First of all, it is critical that the lease agreement contain contingencies for receipt by the brewery of the necessary licenses, … Continue reading »

Understanding a Landlord’s Ability to Increase the Tenant’s Share of Operating Expenses

In a commercial lease setting, in addition to the monthly rental payment, the tenant is often obligated under the lease agreement to reimburse the landlord for the tenant’s “Pro Rata Share” of certain “Operating Expenses” (sometimes called Common Area Maintenance expenses or CAM), which share is commonly determined by comparing the rentable square footage of the tenant’s leased space to … Continue reading »

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Important Issues to Consider Before Entering into a Commercial Sublease

A properly structured sublease can be a prudent strategy in a commercial lease transaction. However, if poorly drafted, a sublease can unnecessarily expose all three parties (the landlord, tenant and subtenant) to unforeseen liabilities and risks. Continue reading »

Possible Expansion of Responsible Parties Under the MTCA

Washington State’s Model Toxics Control Act Washington State’s Model Toxics Control Act (“MTCA”), the state’s counterpart to the federal Superfund law, also known as the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), provides that current and former property owners or operators of contaminated property are potentially liable persons for the release or disposal of hazardous substances. An “owner or … Continue reading »

New Seattle Housing Ordinance: “First-In-Time” Applicant Policy – Update

The Seattle City Council has passed a new housing ordinance, which requires residential landlords to screen rental applications in chronological order and award the lease to the first eligible applicant. Failure to abide by the “first-in-time” policy can be deemed an “Unfair Housing Practice” for which offending landlords would be liable. This ordinance went into effect January 1, 2017. The “first-in-time” requirement … Continue reading »

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