DTD Third Parties Upset Over Parking

[fosse76]

I didn't say Disney Springs. Just a general contract for a lease. In that lease there may or may not be a provision for compensation due to construction, but knowing Disney they would have left that out since they are always doing something with construction and would not want to be out the money. That general leasing contract would supersede any verbal contract.

If there is nothing in the lease regarding construction or re-development, and Disney changes the situation by creating conditions that could alter customer traffic, then Disney itself has violated the terms of its contract/lease.

 

[JillC LI]

If there is nothing in the lease regarding construction or re-development, and Disney changes the situation by creating conditions that could alter customer traffic, then Disney itself has violated the terms of its contract/lease.

Afraid not. If there is nothing in the lease that says Disney CANNOT engage in construction, redevelopment, or alteration of traffic patterns, then Disney can to any of those things without violating the lease.

Not if the oral contract comes AFTER the written contract.

Oral contracts are a different animal, and if the lease contains an "Entire Agreement" clause (which most do) then it cannot be modified by any oral agreement.

Except that just because something isn't in writing doesn't mean it isn't legally part of a "contract." Not looking to teach a 1L class here, but the idea of magical, unbreakable contracts like Rumplestiltskin makes on Once Upon A Time just doesn't exist in the real world. And PR and good business relations are far more important to any corporation than a contract.

No need to teach a 1L class; I've been practicing law for 20 years. And I'm glad to see you agree that PR and good business relations are different from contractual rights and obligations.

 

[prberk]

Saw this today. Ironic that is appears in the forums above where this parking issues thread is!

I wonder if the "holiday magic" they are unwrappping at Downtown Disney today includes parking that will magically appear?

Especially since they are advertising for more people to come...

 

[tissandtully]

View attachment 40466
Saw this today. Ironic that is appears in the forums above where this parking issues thread is!

I wonder if the "holiday magic" they are unwrappping at Downtown Disney today includes parking that will magically appear?

Especially since they are advertising for more people to come...

Not ironic. It's working as expected. Ads are contextual.

 

[muteki]

I wonder if the "holiday magic" they are unwrappping at Downtown Disney today includes parking that will magically appear?

It will, across the street a 20 minute walk or tram ride away.

 

[wdwmagic]

There is no truth to this from what I know.

 

[ford91exploder]

The compromise here is simple - Disney needs to change the overall development... doing so disrupts their existing tenants... so Disney should be accommodating accordingly by adjusting amounts they are due. The compromise is easy... the problem is it means giving up $$$. What is Disney more interested in? Holding the line and running tennents to the edge... or creating loyalty and an involved partnership? Anyone see any paralells here????

Tenants who likely signed up BEFORE any master redevelopment plans were discussed or scoped. So in that sense they are blind-sided.

And @Master Yoda - lets be frank here.. just how strong of a bargaining position do you think these vendors are in when trying to negotiate their retail lease with Disney??? Does anyone realistically think they can dictate terms to Disney on that scale? Not bloody likely.

The answer to this is easy - Holding the line and squeezing tenants for every last cent,

TDO thinks everyone is beating down the doors to be at DTD, Now with the Premium Outlets being built why should retail stores locate in the 'Free Disney Parking' area known as Downtown Disney ?.

 

[NowInc]

FWIW back when I managed an AMC the DTD theater was one of the highest grossing in the company (this was prior to the loews acquisition). I have reached out to the (very) few who I still know working in the company, one of which is a manager at the Citywalk location, and no one has heard of anything regarding a "threat to leave" dtd. It WAS admitted that its known that attendance has been affected, but as far as they know...nothing has been officially stated. Of course they are not "inside" the location in question, so they may have just not heard anything..but typically AMC's are all very closely tied (they help each other out, especially in regards to surprise corporate inspections by calling all other nearby theaters to give a heads up)..so I requested that they flat out ask about this...will let you know if anything worth while comes back.

 

[Gabe1]

The answer to this is easy - Holding the line and squeezing tenants for every last cent,

TDO thinks everyone is beating down the doors to be at DTD, Now with the Premium Outlets being built why should retail stores locate in the 'Free Disney Parking' area known as Downtown Disney ?.

You see this around the property. The third party hotel row across from DTD. When Disney felt like it they stuck it to them. Now with Swan and Dolphin and the MB testing and FP+ reservations. Disney expects loyalty from those they do business with, when the shoe is on the other foot, not so much, you're right they are more apt to squeeze.

 

[Mouse Detective]

It's been so warm, it doesn't feel like Christmas. But the holiday crowds will be arriving THIS coming weekend. Hopefully they have a plan in place by then.

 

[PhotoDave219]

There is no truth to this from what I know.

However parking is still a clusterF around DTD. Theres no way TDO can sugar coat it and adding in Valet just made it worse.