[WSBARP] I-502 commercial lease

Rich Holland rich at pnwle.com
Mon Mar 3 16:09:29 PST 2014


Good point.  I would be worried as a landlord that Feds could seize the
entire property as forfeit under drug laws.


On Mar 3, 2014, at 3:57 PM, "Andrew Lemmel" <andrew at lemmel-law.com> wrote:



I would say there should be an indemnification provision of massive scope
and in bold-face type and with an actual acceptance extra signature line,
and even then I would still be worried as a landlord.  From the landlord’s
point of view, you should see what could get seized in a federal raid to
see if there is any risk of the landlord’s property ending up in seizure.


 

Andrew L. Lemmel

Andrew Lemmel Attorney at Law PLLC

1900 West Nickerson Street, Suite 116-153, Seattle WA 98199

P:206-283-0593

F:866-397-4743

andrew at lemmel-law.com

 

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From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of Patrick F. Hussey
Sent: Monday, March 03, 2014 3:19 PM
To: wsbarp at lists.wsbarppt.com
Subject: RE: [WSBARP] I-502 commercial lease

 

Good point.  “Notice” should be more clearly defined; and then what if the
Feds were to shut the operation down; would the LLD have any type of
liability for knowingly entering into such a lease?  Patrick.

 

From: Andrew Lemmel [mailto:andrew at lemmel-law.com] 
Sent: Monday, March 03, 2014 2:49 PM
To: Patrick F. Hussey
Subject: RE: [WSBARP] I-502 commercial lease

 

I might be concerned about the “Notice”.  Isn’t the Controlled Substances
Act notice that you are in violation of Federal Law?  

 

Andrew L. Lemmel

Andrew Lemmel Attorney at Law PLLC

1900 West Nickerson Street, Suite 116-153, Seattle WA 98199

P:206-283-0593

F:866-397-4743

andrew at lemmel-law.com

 

This email may contain privileged information I intended to send only  to
a client of my law firm.  If you received it by mistake, please let me
know, and then delete it.  IRS CIRCULAR 230:  Tax discussion or "advice"
in this email will not protect you from IRS penalties.  

 

From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of Patrick F. Hussey
Sent: Monday, March 03, 2014 2:16 PM
To: wsbarp at lists.wsbarppt.com
Subject: RE: [WSBARP] I-502 commercial lease

 

Attached FYI is a clause we negotiated recently with a proposed commercial
Tenant whose intended use of the premises was to operate in compliance
with RCW 69.50 et seq [Recreational Cannabis Laws) or RCW 59.51A et seq
(Medical Cannabis Law); would welcome comments back on this.

 

 

Patrick F. Hussey | Anderson Hunter Law Firm 
2707 Colby Avenue, Suite 1001 | Everett, WA  98201 
Phone: (425) 252-5161 ext. 102 | Fax: (425) 258-3345 
 <mailto:phussey at andersonhunterlaw.com> phussey at andersonhunterlaw.com |
<http://www.andersonhunterlaw.com> www.andersonhunterlaw.com 

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From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of Andrew Lemmel
Sent: Monday, March 03, 2014 2:00 PM
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] I-502 commercial lease

 

There has been some discussion about commercial leases containing a cause
for eviction for "illegal activity" under federal law.  I guess some
companies have been using that as a way to evict such tenants.  Doesn't
sound like you will have that problem as you are drafting it, but you may
want to address it specifically in the lease. Maybe helpful, maybe not.

 

 

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From: Paige Buurstra <paige at buurstralaw.com>
Reply-To: "wsbarp at lists.wsbarppt.com" <wsbarp at lists.wsbarppt.com>
Date: Monday, March 3, 2014 10:55 AM
To: "wsbarp at lists.wsbarppt.com" <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] I-502 commercial lease

 

 

I am drafting a commercial lease for a client(Tenant) who will be using
the property to produce  recreational marijuana. Anyone have any
suggestions for provisions that might be useful/or necessary in this type
of lease, beyond the standard commercial lease provisions? 

 

Thanks in advance, 

 

Paige Buurstra

 

Buurstra Law Firm PLLC

116 Avenue A, Ste. A

Snohomish, WA 98290

phone: 360.862.5900

fax: 360.282.6764

 

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