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714: Eric Bernheim on 9 Strategies to Resolve Landlord-Tenant Relations

Restaurant Unstoppable with Eric Cacciatore

Release Date: 05/14/2020

729: Page Pressley on Clarity of Vision show art 729: Page Pressley on Clarity of Vision

Restaurant Unstoppable with Eric Cacciatore

Page Pressley got his start in culinary where he grew up; Santa Fe, New Mexico. He continued on to The Culinary Institute of America in Hyde Park, New York. Upon graduation, Pressley returned to the Southwest to manage kitchens at several highly acclaimed establishments. In 2011, he moved to Austin, Texas to join the Uchi team as sous chef,  and later becoming a corporate executive chef for . He returned to the line at in Mexico City until 2015, when he moved back to Austin to head up the opening team at as chef de cuisine and partner. Today Pressley serves as Founder & Chef ...

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Restaurant Unstoppable with Eric Cacciatore

Hailing from Virginia, just outside Washington DC, Mike Rypka got his start in the restaurant industry as a fry cook at . He found his passion for cooking during his time working at a country club in Springfield, VA. From there he attended Johnson and Wales University in North Miami, FL. This experience earned him a place with Marriott, which took him to CA, and eventually TX, where he worked in corporate settings until he left the corporate scene for in the mid-2000s. Two years later, at the age of 32, it was time for Rypka to do his own thing. In 2006 was born. 14 years later Mike serves...

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Restaurant Unstoppable with Eric Cacciatore

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Restaurant Unstoppable with Eric Cacciatore

Originally from Toluca, Mexico, Diego Galicia moved to San Antonio in 2001. He studied at The University of Texas-San Antonio, and the Culinary Institute of America. As a student at the CIA he worked at John Besh's , a local french bakery, and Patty Lou's. Galicia also has served stints at , , and Moto. In 2013, along with co-chef partner Rico Torres, Galicia opened (mish-ly) located in San Antonio, TX. Mixtli has been regarded as one of Texas' most avant-garde restaurants. Every 45 dinner their 90-minute tasting menu changes-- spotlighting a piece Mexico's history with each rendition....

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Restaurant Unstoppable with Eric Cacciatore

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Restaurant Unstoppable with Eric Cacciatore

Jeremy Mandrell and Anne Ng met while working for Thomas Keller at Bouchon Bakery in Napa Valley, California. They have been baking together ever since. They honed their skills in different kitchens around the San Francisco Bay Area before moving to San Antonio in the summer of 2010. In 2011 they met entrepreneur Charlie Biedenharn who joined them in forming . Today, they've scaled Lorraine to 5 locations and they've also opened a Donut shop, Maybelle's Donuts. Check out as mentioned in today's episode. Check out as mentioned in today's episode. Show notes… Calls to ACTION!!! Subscribe to...

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Restaurant Unstoppable with Eric Cacciatore

Jae Kim got his start in the food and beverage industry as the owner of a coffee shop —  while in college! Unfortunately, that business failed, but it left him with a burning desire to try again. In 2010 Chi’Lantro was founded.  started as a food truck serving a fusion of Korean and Mexican cuisine. Today, there are eight restaurants, two food trucks, and two trailers under the Chi’Lantro brand in Austin, Texas. Check out  as mentioned in today's episode. Show notes… Calls to ACTION!!! Subscribe to the  Join the private  Join the email list! (Scroll...

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723: Jason Dady on Scaling Organically & Opening a Restaurant With $50K show art 723: Jason Dady on Scaling Organically & Opening a Restaurant With $50K

Restaurant Unstoppable with Eric Cacciatore

Nebraska native and Texan raised, Jason Dady has deep roots in the restaurant industry. He studied Hospitality Management and culinary in Texas and California respectively. After graduating he sharpened his skills in Napa Valley before returning to TX where he opened his first restaurant, The Lodge Restaurant of Castle Hills in 2001.  When one restaurant wasn’t enough to hold all of his ideas, Chef Dady opened a second in 2004. Today, Chef Dady's Restaurants include at the San Antonio Museum of Art,  and sister restaurant, , , , and . Check out the book as mentioned in today's...

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722: Jeff Fenster on Vertical Integration and Relationship Capital show art 722: Jeff Fenster on Vertical Integration and Relationship Capital

Restaurant Unstoppable with Eric Cacciatore

For 14 yours, serial entrepreneur, Jeff Fenster, has been creating companies in all kinds of spaces. These spaces included: a small payroll company, a digital marketing agency, a construction company. Obviously, there's got to be a restaurant thrown into the mix-- fast-casual Acai Bowl concept- - with its headquarters in San Diego, CA. In its first 3 years, has opened 19 locations in 2 states. He's also got  "superfuel coffee" label, which they're selling at retail and on Amazon. Check out as mentioned in today's episode. Check out as mentioned in today's episode. Show notes… Calls...

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721: Sam Glynn on Never Ending Improvements show art 721: Sam Glynn on Never Ending Improvements

Restaurant Unstoppable with Eric Cacciatore

Originally for North Conway, NH Sam Glynn is a 3rd generation restaurateur. After some time in Florida, where Sam went to escape the snow, get an education in marketing, start (and end) his career in the professional baseball industry, Sam returned to New England. Before long Sam found himself in Rhode Island, and at the age of 27, he opened his first restaurant, , located in Warren, RI. This is Sam's second time on the show. His first recording was check out as mentioned in today's episode! Show notes… Calls to ACTION!!! Subscribe to the  Join the private  Join the email list!...

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Eric Bernheim is a partner at Halloran Sage law firm where he skillfully leads his clients through complex real estate transactions. His practice includes transactional work, zoning, land use, and commercial leasing matters focusing on representing restaurant operators interested in expanding throughout the country.   With over a decade of experience, Eric’s solid understanding of commercial and residential real estate matters provides his clients with peace of mind and confidence.

Check out Coronavirus Chronicle #31 with David Denny as mentioned in today's episode.

Show notes…

Calls to ACTION!!!

Favorite success quote or mantra:

  • "Leading our clients to find the best path forward."

In today's episode with Eric Bernheim we will discuss:

  1. Can you pay rent? If you can, you should.
  2. Triple net only
  3. Security deposits
  4. Abatement
  5. Forbearing rent extending terms
  6. Condemnation provision
  7. Environment provision
  8. Landlord defaults
  9. Force majeure

Leasing Issues

  • How does COVID-19 affect my obligations under my lease?
  • So if my lease doesn’t get me out of paying rent, what should I do?
  • What should I do if I have not paid rent and my landlord has sent me a default notice?
  • Can my landlord evict me for nonpayment of rent?
  • Is my landlord in default of its lease obligations?

General guidance to help restaurants evaluate their options and work out solutions.

With certain important exceptions, leasing parties should exercise patience, restraint, and consider practical short-term workouts only.

The most practical approach is for landlords and tenants to focus on addressing key issues over the short-term through a lease amendment or forbearance agreement (Short-Term Workouts), such as:

  • Rent Relief
  • Rent Repayment
  • Tenant Assurances and Reporting and Landlord Forbearance
  • Modification of Operating Clauses, Etc.: .
  • Third Party Consents:

Does Force Majeure help?

The ability of leasing parties to enter into Short-Term Workouts will depend on their evaluation of a number of critical legal, practical, and financial issues:

  • Tenant’s Short-Term Outlook or Business Plan.  If occupancy is restricted to 25%, what next?  
  • Access to Government Relief Programs. – do they help restaurants?
  • Landlord Ability to Recover Leased Space.
  • Landlord Ability to Prepare and Fit-out Premises for Reletting.

Today's sponsor:

Restaurant365 is a cloud-based, all-in-one, restaurant-specific accounting and back-office platform that seamlessly integrates with POS systems, payroll providers, food and beverage vendors. It generates accurate real-time reporting and analysis in user-friendly dashboards, facilitating immediate, data-driven decision making. Restaurant365 eliminates manual, error-prone processes and is designed to help restaurant businesses grow with functionality that helps optimize labor costs, reduce food costs and increase revenue.

 

Toast - A POS built for restaurants by restaurant people Adapt fast with Toast's cloud-based restaurant POS system that updates to evolve your POS along with changing industry trends and guest expectations. Toast is built exclusively for restaurants of all shapes and sizes, with over 2/3 of our employees having restaurant experience to serve you better. Online Ordering - Let guests easily order directly from your restaurant for pickup or contactless delivery to keep revenue flowing during these uncertain times. Toast Delivery Services Dispatch local drivers through an on-demand network to keep your community fed and revenue coming in.

Contact info:

Website: www.halloransage.com

LinkedIn: Eric Bernheim

Thanks for listening!

Thanks so much for joining today! Have some feedback you’d like to share? Leave a note in the comment section below!

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Huge thanks to Eric Bernheim for joining me for another awesome episode. Until next time!

 

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