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L,- --7) (?--) <br />Staff Report to Redevelopment Commission <br />Policy to Waive Lease Term for Vacating Tenants <br />Prepared 7/6/11 <br />Occasionally a tenant in the Michigan Street Shops or Wayne Street Retail space will <br />move out before the term of their lease has expired. Under certain conditions, included in <br />the attached policy, it may be appropriate to release the tenant from the terms of the lease. <br />When an early voluntary move out occurs, the Commission has the right under the lease <br />to collect rent for the space until the term expires or until the space is leased to another <br />party, whichever occurs first. <br />Voluntary move outs in Commission owned retail spaces have occurred primarily due to <br />tenants acknowledging their business cannot be sustained. In lieu of incurring further <br />debts and falling behind on rent, some tenants have taken the proactive step of working <br />with us to vacate the space before their lease term has expired. <br />While the attached Policy is more specific, the conditions required to release a tenant <br />from the original lease term would ensure the tenant has paid all rent and any other <br />expenses due, and is not relocating to another store front. <br />Recently we have seen more experimentation with our downtown retail space such as the <br />Pop Up Shops. And we have seen other unique businesses occupy the retail space. We <br />have had a yoga business and a fine stationary business. Another unique business is <br />Bombay Imports, which did well until the recession, then needed some relief which the <br />Commission granted. As we continue to lease our retail space it is expected there will be <br />businesses that are good fits for the downtown, and others where the fit may ultimately <br />not be right. <br />This type of Policy recognizes the Commission's willingness to be flexible and work <br />with businesses that have made a good faith effort, kept current on their rent and gave <br />notice of their need to vacate before the lease term expired. <br />