Understanding Radius Restrictions in Commercial Leases
By Bruce B. May Radius restrictions are common in commercial leases that include a percentage rent provision, under which a tenant pays a percentage of the revenue generated from its premises in addition to base rent. Since a landlord does not want the percentage rent generated by the premises diluted…
A Checklist for Reviewing and Drafting Deeds of Trust
By: Bruce B. May What follows is a checklist of the matters that must or should be addressed in a Deed of Trust to insure that it complies with Arizona law and addresses the larger issues. The list does not purport to be complete. Obviously, there is a host of…
Commercial Tenants and Subordination, Non-Disturbance and Attornment Agreements
By Bruce B. May In Hans Christian Andersen’s “The Emperor’s New Clothes,” an emperor is left exposed after the fine clothing promised by two weavers turns out to be of no more substance than his own vanity. Subordination, non-disturbance and attornment agreements, also known as SNDAs, can similarly leave a…