Re: Coffee brouhaha leaves owner miffed

"Donn Cave" <donn@xxxxxxxxxxx> wrote in message
news:1133763322.938395@xxxxxxxxxxxxxxxxxxxxxx
> Quoth Barry Jarrett <barry@xxxxxxxxxxxxxxxxx>:
> ...
> | but it's not just about the law and what's legal. a lease is a
> | contract, an agreement entered into freely by both parties. no one
> | coerced the tenant into signing the deal, and, presumably, she read
> | the darned thing before signing, and knew that her term was 5 years
> | with no renewal option. waiting until the last minute to negotiate a
> | new lease is just irresponsible. as the tenant had not initiated
> | negotiations for a new lease (that we know), perhaps the landlord
> | sought out another coffee operation because he figured the current
> | tenant was going to leave at the end of her term. negotiating and
> | planning is time-consuming and expensive, so would it be fair to
> | caribou to say "sorry, the current tenant is staying, so we don't need
> | you afterall"?
> |
> | so, what is "right"? is sticking to a mutual agreement "right"? is
> | breaking a mutual agreement "right"?
>
> Well, honestly I have hardly the vaguest idea what actually transpired,
> probably less than you, and you can only speculate. Sounds to me like
> the mall didn't check with their tenant. Of course, they didn't have to,
> legally. I missed the part where Caribou's deal might be cancelled.
> If we're talking about after-the-fact resolution of the problem, I thought
> it sounded like Caribou could waive exclusivity. (By the way, I am no
> MBA,
> but it did look good to me that Caribou could come right out and tell
> everyone they would have probably signed anyway - that has the ring of
> a corporation where people can open their mouths without checking with
> the lawyers at headquarters.)
>
> As far as I'm concerned, what's right has a lot to do with the current
> tenant and her value to the community, which is also pretty much pure
> speculation from here. If she's actually a flake who runs a crummy
> business, and her support just comes from being part of an oppressed
> minority or something, then it's too bad the mall has taken any heat
> for doing this. But I've never been there, this is really up to the
> local community.
>
> Donn

But, from what I can tell she isn't even in the mall; she is in adjacent
property that is owned by the same owner, which appears to be the CITY
itself, which is using a property management company for development and
management of these adjacent properties. My guess is that her business
produces so little rent revenue and so little tax revenue that dealing with
her was an afterthought or not thought about at all. For all we know, the
management company sent her a non-renewal notice 6 months ago which she
ignored. So, I'd bet that 2 months after she vacates few will remember that
she was even there, and that location will have a just-off-the-boat
Vietnamese seamstress waiting to alter your pants.

I feel this lady's pain but I bet that if she put 50% as much effort into
relocating somewhere in the area where she wouldn't have these sorts of
problems, she would be doing better 5 years hence than she will continuing
this extended PR campaign. I suspect that Barry will agree that a mall is
not the best location for an independant coffee shop, which needs repeat
business and regular customers to thrive. A location in a downtown core,
near office buildings, is more likely to be successful. But this lady came
here for the American dream, the streets paved with gold and the money
growing on trees, or so it seems. She has embraced exactly 1/2 of what it
takes to be successful in America, and needs to learn about the other half.

ken


.

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