Empathy List Archives

GP

George Pincus

Thu, Mar 4, 2010 2:53 PM

For those of you who have not yet seen or heard about this case, here is the 4th DCA's opinion on 713.10 lien exculpation. Briefly stated, the Court held that a Landlord is only protected by a recorded blanket 713.10 notice where all the leases have the lien prohibition and the blanket notice contains the specific language in the Lease. Where the language in the Leases is different from the language in the notice, the exculpatory effect of the notice is not effective.

I bump into this a lot when tenants comment on the 713.10 paragraph in my lease and try and make changes to it. This case is why you say "no" to changes to that provision in the lease.

George A. Pincus, Esq.
Shareholder
Stearns Weaver Miller Weissler
Alhadeff & Sitterson, P.A.
New River Center, Suite 2100
200 East Las Olas Boulevard
Ft. Lauderdale, FL 33301
Telephone: 954-766-9705
Facsimile: 954-766-9719
E-mail: gpincus@stearnsweaver.com mailto:gpincus@swmwas.com
www.stearnsweaver.com

CONFIDENTIALITY NOTICE: The information contained in this E-mail message is attorney privileged and confidential information intended only for the use of the individual(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please contact the sender by reply E-mail and destroy all copies of the original message. Thank you.

CIRCULAR 230 DISCLOSURE: To ensure compliance with recently-enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice contained in this communication, including any attachments, is not intended or written by us to be used, and cannot be used, by anyone for the purpose of avoiding federal tax penalties that may be imposed by the federal government or for promoting, marketing or recommending to another party any tax-related matters addressed herein.

For those of you who have not yet seen or heard about this case, here is the 4th DCA's opinion on 713.10 lien exculpation. Briefly stated, the Court held that a Landlord is only protected by a recorded blanket 713.10 notice where all the leases have the lien prohibition and the blanket notice contains the specific language in the Lease. Where the language in the Leases is different from the language in the notice, the exculpatory effect of the notice is not effective. I bump into this a lot when tenants comment on the 713.10 paragraph in my lease and try and make changes to it. This case is why you say "no" to changes to that provision in the lease. George A. Pincus, Esq. Shareholder Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. New River Center, Suite 2100 200 East Las Olas Boulevard Ft. Lauderdale, FL 33301 Telephone: 954-766-9705 Facsimile: 954-766-9719 E-mail: gpincus@stearnsweaver.com<mailto:gpincus@swmwas.com> www.stearnsweaver.com ________________________________ CONFIDENTIALITY NOTICE: The information contained in this E-mail message is attorney privileged and confidential information intended only for the use of the individual(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please contact the sender by reply E-mail and destroy all copies of the original message. Thank you. ________________________________ CIRCULAR 230 DISCLOSURE: To ensure compliance with recently-enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice contained in this communication, including any attachments, is not intended or written by us to be used, and cannot be used, by anyone for the purpose of avoiding federal tax penalties that may be imposed by the federal government or for promoting, marketing or recommending to another party any tax-related matters addressed herein.

NB

Neil B. Shoter

Thu, Mar 4, 2010 3:01 PM

Thanks George. Please also note Michael Gelfand's comments attached.

http://www.shutts.com/shutts100.jpg Neil B. Shoter
Partner / LEED Accredited Professional

Shutts & Bowen LLP
1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL
33401
Direct: (561) 650-8535 | Fax: (561) 822-5525
E-Mail mailto:NShoter@shutts.com | Biography
<http://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b
-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/> | V-Card
<http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b
-af4b-a56f3cb8a441/Neil_B_Shoter.cfm/> | Website
http://www.shutts.com/

From: landten-bounces@lists.flabarrpptl.org

[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of George
Pincus
Sent: Thursday, March 04, 2010 9:53 AM
To: RPPTL Landlord Tenant Committee
Cc: 'eric.rapkin@akerman.com'
Subject: [RPPTL LandTen] Everglades Electric Supply v. Paraiso
Granite Liens for Tenant Improvements

For those of you who have not yet seen or heard about this case,

here is the 4th DCA's opinion on 713.10 lien exculpation. Briefly
stated, the Court held that a Landlord is only protected by a recorded
blanket 713.10 notice where all the leases have the lien prohibition and
the blanket notice contains the specific language in the Lease. Where
the language in the Leases is different from the language in the notice,
the exculpatory effect of the notice is not effective.

I bump into this a lot when tenants comment on the 713.10

paragraph in my lease and try and make changes to it. This case is why
you say "no" to changes to that provision in the lease.

George A. Pincus, Esq.

Shareholder

Stearns Weaver Miller Weissler

  Alhadeff & Sitterson, P.A.

New River Center, Suite 2100

200 East Las Olas Boulevard

Ft. Lauderdale, FL 33301

Telephone: 954-766-9705

Facsimile:    954-766-9719

E-mail: gpincus@stearnsweaver.com <mailto:gpincus@swmwas.com> 

www.stearnsweaver.com

CONFIDENTIALITY NOTICE: The information contained in this E-mail

message is attorney privileged and confidential information intended
only for the use of the individual(s) named above. If the reader of this
message is not the intended recipient, you are hereby notified that any
dissemination, distribution or copy of this communication is strictly
prohibited. If you have received this communication in error, please
contact the sender by reply E-mail and destroy all copies of the
original message. Thank you.

CIRCULAR 230 DISCLOSURE: To ensure compliance with

recently-enacted U.S. Treasury Department Regulations, we are now
required to advise you that, unless otherwise expressly indicated, any
federal tax advice contained in this communication, including any
attachments, is not intended or written by us to be used, and cannot be
used, by anyone for the purpose of avoiding federal tax penalties that
may be imposed by the federal government or for promoting, marketing or
recommending to another party any tax-related matters addressed herein.

IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted
U.S. Treasury Department Regulations, we are now required
to advise you that, unless otherwise expressly indicated,
any federal tax advice expressed above was neither
written nor intended by the sender or this firm to be
used and cannot be used by any taxpayer for the purpose
of avoiding penalties that may be imposed under U.S. tax
law. If any person uses or refers to any such tax advice
in promoting, marketing or recommending a partnership or
other entity, investment plan or arrangement to any
taxpayer, then the advice should be considered to have
been written to support the promotion or marketing by a
person other than the sender or this firm of that
transaction or matter, and such taxpayer should seek
advice based on the taxpayer's particular circumstances
from an independent tax advisor.

The information in this email transmission is privileged
and confidential. If you are not the intended recipient,
nor the employee or agent responsible for delivering it to
the intended recipient, you are hereby notified that any
dissemination or copying of this transmission (including
any attachments) is strictly prohibited. If you have
received this email in error, please notify the sender by
email reply. Thank you.

Thanks George. Please also note Michael Gelfand's comments attached. <http://www.shutts.com/shutts100.jpg> Neil B. Shoter Partner / LEED Accredited Professional ________________________________ Shutts & Bowen LLP 1100 CityPlace Tower, 525 Okeechobee Boulevard | West Palm Beach, FL 33401 Direct: (561) 650-8535 | Fax: (561) 822-5525 E-Mail <mailto:NShoter@shutts.com> | Biography <http://www.shutts.com/index.cfm/fa/attorney.bio/atty/466a1d2b-4049-425b -af4b-a56f3cb8a441/Neil_B_Shoter.cfm/> | V-Card <http://www.shutts.com/index.cfm/fa/attorney.vcf/atty/466a1d2b-4049-425b -af4b-a56f3cb8a441/Neil_B_Shoter.cfm/> | Website <http://www.shutts.com/> ________________________________ From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of George Pincus Sent: Thursday, March 04, 2010 9:53 AM To: RPPTL Landlord Tenant Committee Cc: 'eric.rapkin@akerman.com' Subject: [RPPTL LandTen] Everglades Electric Supply v. Paraiso Granite Liens for Tenant Improvements For those of you who have not yet seen or heard about this case, here is the 4th DCA's opinion on 713.10 lien exculpation. Briefly stated, the Court held that a Landlord is only protected by a recorded blanket 713.10 notice where all the leases have the lien prohibition and the blanket notice contains the specific language in the Lease. Where the language in the Leases is different from the language in the notice, the exculpatory effect of the notice is not effective. I bump into this a lot when tenants comment on the 713.10 paragraph in my lease and try and make changes to it. This case is why you say "no" to changes to that provision in the lease. George A. Pincus, Esq. Shareholder Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. New River Center, Suite 2100 200 East Las Olas Boulevard Ft. Lauderdale, FL 33301 Telephone: 954-766-9705 Facsimile: 954-766-9719 E-mail: gpincus@stearnsweaver.com <mailto:gpincus@swmwas.com> www.stearnsweaver.com ________________________________ CONFIDENTIALITY NOTICE: The information contained in this E-mail message is attorney privileged and confidential information intended only for the use of the individual(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please contact the sender by reply E-mail and destroy all copies of the original message. Thank you. ________________________________ CIRCULAR 230 DISCLOSURE: To ensure compliance with recently-enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice contained in this communication, including any attachments, is not intended or written by us to be used, and cannot be used, by anyone for the purpose of avoiding federal tax penalties that may be imposed by the federal government or for promoting, marketing or recommending to another party any tax-related matters addressed herein. IRS CIRCULAR 230 NOTICE: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. The information in this email transmission is privileged and confidential. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this email in error, please notify the sender by email reply. Thank you.

LG

Lloyd Granet

Thu, Mar 4, 2010 3:17 PM

Does the opinion require that all leases at the center contain the
language, or just that the notice is not effective as to an individual
lease which does not contain the identical language?

What do you do when your client buys a center and you change the form
lease to your form, or if a national will not agree to insert the
language in its form?

This email message was sent by:

Lloyd Granet
Law Offices of Lloyd Granet, P.A.
2295 NW Corporate Boulevard, Suite 235
Boca Raton, FL 33431
Direct Dial: (561) 999-0090
Main Number: (561) 999-9300 x110
Fax: (561) 999-9400
Email: lgranet@granetlaw.com

NOTICE: IRS Circular 230 Disclosure: In order to ensure compliance
with IRS Circular 230, we must inform you that any U.S. tax advice
contained in this transmission and any attachments hereto is not
intended or written to be used and may not be used by any person for the
purpose of (i) avoiding any penalty that may be imposed by the Internal
Revenue Code or (ii) promoting, marketing or recommending to another
party any tax-related matter(s) addressed herein.

NOTICE: This communication is: (a) sent by an attorney or his/her agent,
(b) confidential, and (c) intended only for the use of the individual or
entity to which it is addressed. If the addressee is a client, this
communication is also subject to applicable privileges. If you are not
the addressee, or the employee or agent responsible for the delivery to
the addressee, any dissemination, distribution or copying of this
communication is prohibited. If you received this communication in
error: (a) any dissemination, distribution or copying is prohibited, and
(b) Lloyd Granet, P.A. requests that you immediately notify us at (561)
999-9300 (collect) and destroy this communication. Thank you.

    From: landten-bounces@lists.flabarrpptl.org

[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of George
Pincus

    Sent: Thursday, March 04, 2010 9:53 AM 
    To: RPPTL Landlord Tenant Committee 
    Cc: 'eric.rapkin@akerman.com' 
    Subject: N-1003 - Landlord Tenant Committee-Realtors Society:

[RPPTL LandTen] Everglades Electric Supply v. Paraiso Granite Liens for
Tenant Improvements

    For those of you who have not yet seen or heard about this case,

here is the 4th DCA's opinion on 713.10 lien exculpation. Briefly
stated, the Court held that a Landlord is only protected by a recorded
blanket 713.10 notice where all the leases have the lien prohibition and
the blanket notice contains the specific language in the Lease. Where
the language in the Leases is different from the language in the notice,
the exculpatory effect of the notice is not effective.

    I bump into this a lot when tenants comment on the 713.10

paragraph in my lease and try and make changes to it. This case is why
you say "no" to changes to that provision in the lease.

    George A. Pincus, Esq. 

    Shareholder 

    Stearns Weaver Miller Weissler 

      Alhadeff & Sitterson, P.A. 

    New River Center, Suite 2100 

    200 East Las Olas Boulevard 

    Ft. Lauderdale, FL 33301 

    Telephone: 954-766-9705 

    Facsimile:    954-766-9719 

    E-mail: gpincus@stearnsweaver.com <mailto:gpincus@swmwas.com> 

    www.stearnsweaver.com

    CONFIDENTIALITY NOTICE: The information contained in this E-mail

message is attorney privileged and confidential information intended
only for the use of the individual(s) named above. If the reader of this
message is not the intended recipient, you are hereby notified that any
dissemination, distribution or copy of this communication is strictly
prohibited. If you have received this communication in error, please
contact the sender by reply E-mail and destroy all copies of the
original message. Thank you.

    CIRCULAR 230 DISCLOSURE: To ensure compliance with

recently-enacted U.S. Treasury Department Regulations, we are now
required to advise you that, unless otherwise expressly indicated, any
federal tax advice contained in this communication, including any
attachments, is not intended or written by us to be used, and cannot be
used, by anyone for the purpose of avoiding federal tax penalties that
may be imposed by the federal government or for promoting, marketing or
recommending to another party any tax-related matters addressed herein.

Does the opinion require that all leases at the center contain the language, or just that the notice is not effective as to an individual lease which does not contain the identical language? What do you do when your client buys a center and you change the form lease to your form, or if a national will not agree to insert the language in its form? This email message was sent by: _______________________________ Lloyd Granet Law Offices of Lloyd Granet, P.A. 2295 NW Corporate Boulevard, Suite 235 Boca Raton, FL 33431 Direct Dial: (561) 999-0090 Main Number: (561) 999-9300 x110 Fax: (561) 999-9400 Email: lgranet@granetlaw.com NOTICE: IRS Circular 230 Disclosure: In order to ensure compliance with IRS Circular 230, we must inform you that any U.S. tax advice contained in this transmission and any attachments hereto is not intended or written to be used and may not be used by any person for the purpose of (i) avoiding any penalty that may be imposed by the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein. NOTICE: This communication is: (a) sent by an attorney or his/her agent, (b) confidential, and (c) intended only for the use of the individual or entity to which it is addressed. If the addressee is a client, this communication is also subject to applicable privileges. If you are not the addressee, or the employee or agent responsible for the delivery to the addressee, any dissemination, distribution or copying of this communication is prohibited. If you received this communication in error: (a) any dissemination, distribution or copying is prohibited, and (b) Lloyd Granet, P.A. requests that you immediately notify us at (561) 999-9300 (collect) and destroy this communication. Thank you. ________________________________ From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of George Pincus Sent: Thursday, March 04, 2010 9:53 AM To: RPPTL Landlord Tenant Committee Cc: 'eric.rapkin@akerman.com' Subject: N-1003 - Landlord Tenant Committee-Realtors Society: [RPPTL LandTen] Everglades Electric Supply v. Paraiso Granite Liens for Tenant Improvements For those of you who have not yet seen or heard about this case, here is the 4th DCA's opinion on 713.10 lien exculpation. Briefly stated, the Court held that a Landlord is only protected by a recorded blanket 713.10 notice where all the leases have the lien prohibition and the blanket notice contains the specific language in the Lease. Where the language in the Leases is different from the language in the notice, the exculpatory effect of the notice is not effective. I bump into this a lot when tenants comment on the 713.10 paragraph in my lease and try and make changes to it. This case is why you say "no" to changes to that provision in the lease. George A. Pincus, Esq. Shareholder Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. New River Center, Suite 2100 200 East Las Olas Boulevard Ft. Lauderdale, FL 33301 Telephone: 954-766-9705 Facsimile: 954-766-9719 E-mail: gpincus@stearnsweaver.com <mailto:gpincus@swmwas.com> www.stearnsweaver.com ________________________________ CONFIDENTIALITY NOTICE: The information contained in this E-mail message is attorney privileged and confidential information intended only for the use of the individual(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please contact the sender by reply E-mail and destroy all copies of the original message. Thank you. ________________________________ CIRCULAR 230 DISCLOSURE: To ensure compliance with recently-enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice contained in this communication, including any attachments, is not intended or written by us to be used, and cannot be used, by anyone for the purpose of avoiding federal tax penalties that may be imposed by the federal government or for promoting, marketing or recommending to another party any tax-related matters addressed herein.

DD

Drobner, David S.

Thu, Mar 4, 2010 3:26 PM

One choice - record a notice of lease provisions for EVERY lease with
however that 713.10 language was altered. Yes yes, I realize no one
wants to do that for many reasons.

Maybe another choice - Make a notice and say in it, every lease in the
center contains at least one of each of the following versions of the
713.10 language (then quote all the various versions - yes this takes a
global lease review but a paralegal can make this a doable project for
each center).

I leave it to the drafter whether you IDENTIFY which tenant's lease
gives which version of the 713.10 language - with a worry you are
basically giving a memo of lease if you do that.

I've read that statute many times and have hoped for a long time that
the above notice works. If so it's not really a Memo of Lease esp. if no
tenant is mentioned specifically; it needs only LL signature to record
it; and you can periodically just record an update as leases are
negotiated.

Thoughts anyone?

Carlton Fields

      ATTORNEYS AT LAW

David S. Drobner
Attorney At Law
Shareholder

4000 International Place
100 S.E. Second Street
Miami, Florida 33131-2114

direct 305.539.7354
fax 305.530.0055
ddrobner@carltonfields.com mailto:ddrobner@carltonfields.com
www.carltonfields.com http://www.carltonfields.com/
bio http://www.carltonfields.com/ddrobner/
vcard
<http://www.carltonfields.com/attorneys/AttorneyVCard.aspx?id=a523cec8-0
f11-41d1-b783-45ca25439a87>

  -Concentrating in commercial leasing

Confidential: This e-mail contains a communication protected by the
attorney-client privilege or constitutes work product. If you do not
expect such a communication please delete this message without reading
it or any attachment and then notify the sender of this inadvertent
delivery.

From: landten-bounces@lists.flabarrpptl.org
[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Lloyd Granet
Sent: Thursday, March 04, 2010 10:17 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] N-1003 - Landlord Tenant
Committee-RealtorsSociety: Everglades Electric Supply v. Paraiso Granite
Liensfor Tenant Improvements

Does the opinion require that all leases at the center contain the
language, or just that the notice is not effective as to an individual
lease which does not contain the identical language?

What do you do when your client buys a center and you change the form
lease to your form, or if a national will not agree to insert the
language in its form?

This email message was sent by:

Lloyd Granet
Law Offices of Lloyd Granet, P.A.
2295 NW Corporate Boulevard, Suite 235
Boca Raton, FL 33431
Direct Dial: (561) 999-0090
Main Number: (561) 999-9300 x110
Fax: (561) 999-9400
Email: lgranet@granetlaw.com

NOTICE: IRS Circular 230 Disclosure: In order to ensure compliance
with IRS Circular 230, we must inform you that any U.S. tax advice
contained in this transmission and any attachments hereto is not
intended or written to be used and may not be used by any person for the
purpose of (i) avoiding any penalty that may be imposed by the Internal
Revenue Code or (ii) promoting, marketing or recommending to another
party any tax-related matter(s) addressed herein.

NOTICE: This communication is: (a) sent by an attorney or his/her agent,
(b) confidential, and (c) intended only for the use of the individual or
entity to which it is addressed. If the addressee is a client, this
communication is also subject to applicable privileges. If you are not
the addressee, or the employee or agent responsible for the delivery to
the addressee, any dissemination, distribution or copying of this
communication is prohibited. If you received this communication in
error: (a) any dissemination, distribution or copying is prohibited, and
(b) Lloyd Granet, P.A. requests that you immediately notify us at (561)
999-9300 (collect) and destroy this communication. Thank you.

    From: landten-bounces@lists.flabarrpptl.org

[mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of George
Pincus

    Sent: Thursday, March 04, 2010 9:53 AM 
    To: RPPTL Landlord Tenant Committee 
    Cc: 'eric.rapkin@akerman.com' 
    Subject: N-1003 - Landlord Tenant Committee-Realtors Society:

[RPPTL LandTen] Everglades Electric Supply v. Paraiso Granite Liens for
Tenant Improvements

    For those of you who have not yet seen or heard about this case,

here is the 4th DCA's opinion on 713.10 lien exculpation. Briefly
stated, the Court held that a Landlord is only protected by a recorded
blanket 713.10 notice where all the leases have the lien prohibition and
the blanket notice contains the specific language in the Lease. Where
the language in the Leases is different from the language in the notice,
the exculpatory effect of the notice is not effective.

    I bump into this a lot when tenants comment on the 713.10

paragraph in my lease and try and make changes to it. This case is why
you say "no" to changes to that provision in the lease.

    George A. Pincus, Esq. 

    Shareholder 

    Stearns Weaver Miller Weissler 

      Alhadeff & Sitterson, P.A. 

    New River Center, Suite 2100 

    200 East Las Olas Boulevard 

    Ft. Lauderdale, FL 33301 

    Telephone: 954-766-9705 

    Facsimile:    954-766-9719 

    E-mail: gpincus@stearnsweaver.com <mailto:gpincus@swmwas.com> 

    www.stearnsweaver.com

    CONFIDENTIALITY NOTICE: The information contained in this E-mail

message is attorney privileged and confidential information intended
only for the use of the individual(s) named above. If the reader of this
message is not the intended recipient, you are hereby notified that any
dissemination, distribution or copy of this communication is strictly
prohibited. If you have received this communication in error, please
contact the sender by reply E-mail and destroy all copies of the
original message. Thank you.

    CIRCULAR 230 DISCLOSURE: To ensure compliance with

recently-enacted U.S. Treasury Department Regulations, we are now
required to advise you that, unless otherwise expressly indicated, any
federal tax advice contained in this communication, including any
attachments, is not intended or written by us to be used, and cannot be
used, by anyone for the purpose of avoiding federal tax penalties that
may be imposed by the federal government or for promoting, marketing or
recommending to another party any tax-related matters addressed herein.

One choice - record a notice of lease provisions for EVERY lease with however that 713.10 language was altered. Yes yes, I realize no one wants to do that for many reasons. Maybe another choice - Make a notice and say in it, every lease in the center contains at least one of each of the following versions of the 713.10 language (then quote all the various versions - yes this takes a global lease review but a paralegal can make this a doable project for each center). I leave it to the drafter whether you IDENTIFY which tenant's lease gives which version of the 713.10 language - with a worry you are basically giving a memo of lease if you do that. I've read that statute many times and have hoped for a long time that the above notice works. If so it's not really a Memo of Lease esp. if no tenant is mentioned specifically; it needs only LL signature to record it; and you can periodically just record an update as leases are negotiated. Thoughts anyone? Carlton Fields ATTORNEYS AT LAW David S. Drobner Attorney At Law Shareholder 4000 International Place 100 S.E. Second Street Miami, Florida 33131-2114 direct 305.539.7354 fax 305.530.0055 ddrobner@carltonfields.com <mailto:ddrobner@carltonfields.com> www.carltonfields.com <http://www.carltonfields.com/> bio <http://www.carltonfields.com/ddrobner/> vcard <http://www.carltonfields.com/attorneys/AttorneyVCard.aspx?id=a523cec8-0 f11-41d1-b783-45ca25439a87> -Concentrating in commercial leasing Confidential: This e-mail contains a communication protected by the attorney-client privilege or constitutes work product. If you do not expect such a communication please delete this message without reading it or any attachment and then notify the sender of this inadvertent delivery. ________________________________ From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Lloyd Granet Sent: Thursday, March 04, 2010 10:17 AM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] N-1003 - Landlord Tenant Committee-RealtorsSociety: Everglades Electric Supply v. Paraiso Granite Liensfor Tenant Improvements Does the opinion require that all leases at the center contain the language, or just that the notice is not effective as to an individual lease which does not contain the identical language? What do you do when your client buys a center and you change the form lease to your form, or if a national will not agree to insert the language in its form? This email message was sent by: _______________________________ Lloyd Granet Law Offices of Lloyd Granet, P.A. 2295 NW Corporate Boulevard, Suite 235 Boca Raton, FL 33431 Direct Dial: (561) 999-0090 Main Number: (561) 999-9300 x110 Fax: (561) 999-9400 Email: lgranet@granetlaw.com NOTICE: IRS Circular 230 Disclosure: In order to ensure compliance with IRS Circular 230, we must inform you that any U.S. tax advice contained in this transmission and any attachments hereto is not intended or written to be used and may not be used by any person for the purpose of (i) avoiding any penalty that may be imposed by the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein. NOTICE: This communication is: (a) sent by an attorney or his/her agent, (b) confidential, and (c) intended only for the use of the individual or entity to which it is addressed. If the addressee is a client, this communication is also subject to applicable privileges. If you are not the addressee, or the employee or agent responsible for the delivery to the addressee, any dissemination, distribution or copying of this communication is prohibited. If you received this communication in error: (a) any dissemination, distribution or copying is prohibited, and (b) Lloyd Granet, P.A. requests that you immediately notify us at (561) 999-9300 (collect) and destroy this communication. Thank you. ________________________________ From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of George Pincus Sent: Thursday, March 04, 2010 9:53 AM To: RPPTL Landlord Tenant Committee Cc: 'eric.rapkin@akerman.com' Subject: N-1003 - Landlord Tenant Committee-Realtors Society: [RPPTL LandTen] Everglades Electric Supply v. Paraiso Granite Liens for Tenant Improvements For those of you who have not yet seen or heard about this case, here is the 4th DCA's opinion on 713.10 lien exculpation. Briefly stated, the Court held that a Landlord is only protected by a recorded blanket 713.10 notice where all the leases have the lien prohibition and the blanket notice contains the specific language in the Lease. Where the language in the Leases is different from the language in the notice, the exculpatory effect of the notice is not effective. I bump into this a lot when tenants comment on the 713.10 paragraph in my lease and try and make changes to it. This case is why you say "no" to changes to that provision in the lease. George A. Pincus, Esq. Shareholder Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. New River Center, Suite 2100 200 East Las Olas Boulevard Ft. Lauderdale, FL 33301 Telephone: 954-766-9705 Facsimile: 954-766-9719 E-mail: gpincus@stearnsweaver.com <mailto:gpincus@swmwas.com> www.stearnsweaver.com ________________________________ CONFIDENTIALITY NOTICE: The information contained in this E-mail message is attorney privileged and confidential information intended only for the use of the individual(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please contact the sender by reply E-mail and destroy all copies of the original message. Thank you. ________________________________ CIRCULAR 230 DISCLOSURE: To ensure compliance with recently-enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice contained in this communication, including any attachments, is not intended or written by us to be used, and cannot be used, by anyone for the purpose of avoiding federal tax penalties that may be imposed by the federal government or for promoting, marketing or recommending to another party any tax-related matters addressed herein.

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[RPPTL LandTen] Everglades Electric Supply v. Paraiso Granite Liens for Tenant Improvements