LOCATION, LOCATION…COMMUNICATIION!

One baseline principle of commercial real estate will never change: location, location, location. But there is a new “place” where all businesses reside today and that is the internet. More and more people every day decide where and with whom they are going to do business using search engines. Notwithstanding the street address of your business is, your online location – where your prospective customers find you on the world wide web – is gaining in importance.

Even if you elect to pay a premium for a prime location, you could be wasting your money if you fail to make a strong initial marketing push. And the internet is one of the smartest places to do it. There are firms that guarantee to move your business web site to the first page on the major search engines. That's a smart way to drive traffic to your new location. And there is a new company based in Orange County, California that is a one stop shop internet platform for streaming internet video advertising opportunities allowing you to rifle shot your message to your potential customers from the top of gas pumps, office building elevators, doctor’s offices, and even on movie theater screens.

Today, having the right address is not enough – you must get the word out in a hurry to make sure your business hits the ground running.

YOUR USE CLAUSE - FREEDOM TO GROW

The Use clause of your lease has as much impact on your potential for success as the financial terms of the contract. It has the ability to constrict your growth or let it soar.

Case study: The Garcias were in escrow to buy a popular independent coffee house in the North County area of San Diego, California, but there was just nine months left on the lease. They engaged PacifiCORE to negotiate a fresh lease term. They wanted to get favorable terms for a new five year term but they also expressed concern about restrictive permitted use language in the existing lease. To protect the exclusive use provisions of a national restaurant chain in the center, the coffee house lease allowed specific breakfast menu items that the coffee house could sell that were safely differentiated from the big chain’s menu items, and capped the use clause with the popular and safe “and for no other purpose.”

This put the tenant on a mine field, risking a default if they ran afoul of these restricted uses. Basically, it severely restricted the tenant from trying new menu items and ideas, the key to long term success for any restaurant. After convincing the landlord to share with us the exclusive use provision of the major chain’s lease, we found it to be vaguely worded; not so iron clad as the broker had represented. Our strategy: change the language in the coffee house lease to affirm the exclusive use provision of the major chain restaurant and allow all breakfast items that were not explicitly protected in the other lease. This strategically shifted the burden of proof from the coffee house to the chain restaurant.

In your Use clause of your lease, it is better to be in a position to ask for forgiveness than for permission.

The Garcia’s coffee house was recently named the best independent coffee house in San Diego by a popular local newspaper after just six months of remodeling the store…and the menu.

CRITICAL LEASE DATES - A TALE OF WOE FROM THE WORLD OF WINGS

This is a sad story that impacted a well-known national food franchise recently. The names are shrouded to protect confidentiality.

Simply put, the franchisee – a multi-unit franchisee, no less – missed a deadline for exercising their renewal option. They initially contacted PacifiCORE several months after the deadline had passed. They wanted to extend the lease and figured the landlord would gladly renew the lease of a tenant that had run a successful operation and had paid their rent on time, faithfully for the past five years.

One would think so, right? But the perfect storm gathered and the situation ended with a much less desirable outcome. Right on the heels of engaging PacifiCORE, the tenant received an estoppel certificate from the landlord. It seems the property was in escrow to sell. Not only did this put the tenant in limbo – neither the current landlord or the prospective buyer was in a position to unilaterally negotiate a lease renewal with my client, but it introduced a new player onto the stage whose intent and merchandising strategy were unknown.

We nevertheless contacted the potential new owner to communicate the desire of our client to renew their lease. The buyer turned out to be a national player, decisive, and aggressive. Escrow was short and closed within two weeks. After closing, the new landlord informed us of their plans to assemble my client’s space and an adjacent store and lease it to a larger, more recognizable national chain. My client was out of luck with no leverage and lost their capital investment in their restaurant. The franchisor was out a very well located, prosperous unit that advertised the brand well in the local market.

Clients who engage PacifiCORE at the outset of site search and lease negotiation process have an expert and advocate to track critical dates throughout the lease term. Who is playing back stop for you to make sure critical dates are not missed?