Councils Corner v111
Councils Corner v110
LEASE RENEWAL NOTICES
In my Texas world, lease renewal and extension notices must strictly adhere to all requirements specified in the lease. If the tenant is late, uses an incorrect address or method for delivery, has triggered an event of default, addresses an envelope incorrectly, or otherwise stumbles, then the notice can be effectively challenged.
Guess the rules are different in Illinois.
In July 2006 LI. Portfolio Holdings, LLC leased Chicago retail space to Gap, Inc. Portfolio was succeeded by 900 North Rush LLC; Gap, Inc. was acquired by Intermix and Intermix Holdco, Inc. succeeded the Gap as the tenant.
Councils Corner v109
Let’s Just Agree On That Later, Ok?
The DFW International Airport Board operates the DFW International Airport. In 2012 the Board’s staff retained Vizant Technologies to analyze the airport’s payment-processing costs and provide expense reduction suggestions.
The DFW Board and Vizant negotiated a Consulting Agreement for three years, with various incentives payable to Vizant based upon recommendations that effectively reduced payment-processing costs.
Councils Corner v108
Back to Bellevue
Whole Foods conceded that it vacated, but asserted that Bellevue’s appropriate remedy for the breach is damages. Not an injunction or temporary restraining order.
Surprising virtually every real estate attorney in the country, Bellevue prevailed at trial and obtained a preliminary injunction requiring Whole Foods to reopen and continue operating the retail store. Whole Foods appealed, and the Court of Appeals stopped the injunction pending full review.
Councils Corner v107
The Supremes Speak. Again.
I have written about this before. It is rare that the Texas Supreme Court will review a case involving a commercial landlord – tenant dispute. Well it just happened. Again.
Council's Corner v106
SUBLEASE TERM RENEWALS
Subsea 7 Port Isabel is an engineering and construction firm that manufactures and installs undersea oil and gas pipelines. Starting in 2007 Port Isabel Logistical Offshore Terminal leased 54 acres in Port Isabel, Texas, from the Port Isabel-San Benito Navigation District. In April 2008 PILOT subleased about half of that property to Subsea, to be used as Subsea’s ‘spoolbase’ for its undersea pipe operations.
Councils Corner v105
GOOD FAITH & FAIR DEALING – TEXAS STYLE
The Janowitz Edmiston Family Living Trust entered into two contracts to sell Texas real estate to Rima Group, Inc. Both contracts contained a Seller Financing Addendum, under which Rima agreed to deliver credit reports to the Trust within five days after December 9, 2016.
Rima did not deliver the credit reports to the Trust by that date. The Trust terminated both contracts on the last day allowed for the Trust to do so.
When Material Terms are Lacking
Steven Barnhart and Ashley Smith met when they both worked at the same bank. They started an affair in 2011 that lasted three years.
Barnhart gave Smith money so she could pay off her high-interest credit card debt, to terminate her auto lease, to pay her lawyer in an unrelated matter, for moving expenses, to purchase an antique necklace, and to reimburse her for funds stolen from her.