Curbside Pickup: Revising Leases for Increased Common Area Use and Costs, Signage, Additional Insurance

Recording of a 90-minute premium CLE video webinar with Q&A


Conducted on Thursday, January 14, 2021

Recorded event now available

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Course Materials

This CLE course will advise real estate attorneys that represent landlords and tenants on the increased liabilities and legal issues related to curbside pickups, an increasingly utilized practice to comply with OSHA and CDC safety guidance related to COVID-19. The panel will address the need for potential increased signage and insurance coverage, how leases should be negotiated to address such activities, and how costs should be distributed amongst tenants with vastly different usage rates of common areas such as parking lots.

Description

Continued indoor capacity restrictions in retail and restaurant spaces have led to the increasing use of curbside pickup. Whether it is a trip to the local hardware store or takeout from a restaurant, companies have adapted to their customers' needs and preferences to socially distance.

Current leases weren't executed in anticipation of a global pandemic and the extensive use of curbside pickups. The lease stakeholders, including landlords, tenants, and consumers, had little reason to consider the legal implications and risks with this practice. Landlords have to consider the issue of increased traffic, which may result in the need for increased maintenance of common areas and the potential for more accidents on the property. Likewise, the parties must consider whether curbsite pickup violates any local zoning, land use or private covenant restriction.

To make use of this option, most tenants will want clear and appropriate signage. Lease, covenant and local regulations may restrict the use of signs on the property. Counsel for all parties must consider how to amend the lease to accommodate all existing restrictions properly.

Listen as our expert panel provides best practices on amending leases and complying with regulations to continue properly providing curbside options to clients and allowing tenants to operate legally within a contractual and statutory framework.

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Outline

  1. Legal guidelines
    1. OSHA
    2. CDC
  2. Lease restrictions
    1. Common area use
    2. Common area maintenance costs
    3. Signage
    4. Additional insureds
  3. Legal restrictions
    1. Signage
    2. Zoning and land use
  4. Best practices

Benefits

The panel will review these and other relevant topics:

  • How should landlords allocate the cost of increased common area use by limited numbers of tenants in a multi-tenant property?
  • How can landlords and tenants address sign restrictions while providing for curbside pickup?
  • What type of additional insurance should landlords require due to increased potential risks associated with curbside pickup?
  • What are the best practices for amending a lease to allow curbside pickups? Should these be long-term or short-term considerations?

Faculty

Diamant, Tal
Tal Diamant

Shareholder
Brownstein Hyatt Farber Schreck

Mr. Diamant utilizes his broad real estate and corporate expertise to act as a trusted advisor for his clients and help...  |  Read More

MacQueen, Patrick
Patrick R. MacQueen

Founding Partner
MacQueen & Gottlieb

Mr. MacQueen's 14-year legal career has been highlighted by work primarily in the areas of real estate...  |  Read More

Osmond, Stacy
Stacy Ann Osmond

Attorney
DLA Piper

Ms. Osmond concentrates her practice in the areas of joint venture and real estate investment, leasing, real estate...  |  Read More

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