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Ask Guillermo Senmartin Your Own Question
Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 112034
Experience:  Over 12+ years of experience in various areas of U.S. Law and 15+ years of experience in U.S. Immigration Law..
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Guillermo you gave me advise back in March 2015 on

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Hi Guillermo you gave me advise back in March 2015 on immigration. However i need advise on a commercial lease that i need to sign in Lake Nona Orlando. I am a Marcos Pizza franchise now and this is the Landlords Lease.
I have made some initial notes and have been advised by Marcos Corp. to get legal advise on the lease immediately before signing. I need this doing soon as possible.Is this something you can assist with? Also i will still need that immigration help for my wife from you at a later date. I am Peter Hiles e-m***@******.***. You may remember me. Thanks for reading.
Customer: replied 1 year ago.
However if you are another appropriate Attorney that can advise me on the issue I would consider your offer also. Thank you.

I can certainly help you out as I am a Florida attorney and I do some contract drafting and review in my practice, but I cannot see to download the document.

Actually, I was just able to download it. It's pretty long. We'll have to discuss the particulars in private. Please accept the Premium Service offer so that we can do that.

Guillermo Senmartin and other US Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi Guillermo. thanks for response. I am currently in UK until end of next week. But i need to respond to Landlord (LL) asap as i was out of contact for a few days in a non internet area. ( its patchy where i am now also! )
follows what i would like to change on the lease + what other advise you amy give. If we agree terms etc i would need you to contact LL Attorney to get the lease going. Is that possible?
the areas i initially see to change/modify are;
1.3 Permitted Use, sale of merchandise is stated based on other stores in Florida. If sold, this would be something new which is more a "Marco's of the Future". So there is no other stores in Florida currently selling any merchandise. Need this requirement deleted please.
1.12 Prepaid Rent. Ok on deposit deposit now, but 1st months rent on occupying unit as unit not built yet.
3.2 Failure to Deliver, make sure the dates are in there & this section matches up to the LOI as already negotiated.
4.2 Gross Sales Statement. I don't see a need to report sales monthly. It's not a % rent lease. Delete please.
4.4c Annual Reconc Audit, LL should not be able to dictate who does it or approve person. It should not have to be an accountant and it should be allowed to be done on a contingency basis. We have a company that can do audits and they take a % as a fee.
9.5 Employee Parking, make sure it's clear where the drivers can park.
12.3 HVAC, LL can make you service it monthly. Get that changed to quarterly.
12.4 Grease Trap, you should not be responsible for replacement of the grease trap. Also, if it's shared, you should not be responsible for mtc, it should be part of the NNN.
15.1a Insurance, we typically carry $1m/$2m limited. See if OK
22.6 Get rid of the requirement of someone buying your restaurant having to own 2 other Marco's.
26.1 Change minimum hours to start a noon, even though we open at 11, it can't hurt to be safe.
27 Radius Clause, must be changed to 3 miles.
59 Exclusive use clause and breaking of it by LL must match LOI. $1 rent for entire term and renewals. I would also negotiate the 25% considered to determine if they broke the exclusive. Italian restaurant with Pizza might sell less than 25% pizza.
Customer: replied 1 year ago.
sorry UK number is +441159255130

You said you needed this ASAP. When is that? I have some client meetings this morning and a lunch meeting. Earliest I might be able to get to it is this afternoon and that's if I push back 3 other cases that I need to work on today. So when is the latest that you would need this by?

Customer: replied 1 year ago.
soon as you can. I think if you can give me an idea of cost now and if its acceptable to me then you could contact the LL attorney to say we will be a couple of days to reply then they will probably be ok with that. That would then give us 1-2 days to reply. Thank you.

Please send me a private email. I have to meet with a client now and won't be able to respond until later.

Customer: replied 1 year ago.
my e-m server is not sending e=mails at the moment. I can receive but not send!! so sorry. Should i call your number now?
Customer: replied 1 year ago.
i can receive on ***@******.*** thanks.

As I keep saying, I am not available until the afternoon. I have a client coming in at the moment. We will have to speak about it later this afternoon. Sorry. You may want to look into getting a free email at yahoo or gmail or something like that were you won't have to depends on your own server.

Customer: replied 1 year ago.
please give me a time Florida time to call you then please. Thanks.

4pm EST would probably be good.

Customer: replied 1 year ago.
will call you on(###) ###-####. good?

Yes. That's fine. You aren't supposed to post emails and phone numbers on the open form. That's why we use that little box in regards ***** *****

Customer: replied 1 year ago.
oops :-)

You know now for next time. Thank you.