Shopping Centers & Retail

Our real estate lawyers have been integrally involved with Firm clients in the development, leasing, acquisition, financing and sale of shopping centers and other retail properties throughout the Firm's 60 year history. Our typical clients include developers, landlords, investors, lenders, borrowers, and tenants. Our experience covers the entire spectrum of retail and shopping center properties including:

  • Neighborhood and regional shopping centers
  • Power centers
  • Outlet centers
  • Build to suit NNN lease transactions
  • NNN free standing retail investment properties
  • Specialty entertainment centers
  • Mixed use urban centers

The Hirschler Fleischer Retail Practice Group is frequently integrated as part of our client's team in working through the myriad and complex issues that arise during development of a project or during acquisition or sale of a property and continuing thereafter in providing ongoing day-to-day consultation and legal services to our clients in connection with development, ownership and operation of the property. These services include:

  • Reviewing, drafting and negotiating leases and lease enforcement, including Landlord/Tenant matters
  • Zoning and land use services necessary to securing initial zoning approvals and other land use permits, signage permits, resolving site plan development issues, obtaining special use permits to accommodate specific tenant needs (e,g. 24 hour operation, drive through, special uses, etc.)
  • Shopping Center OEA's and REA's, including cost sharing agreements among multiple owners
  • Loan workouts and restructuring
  • Construction loans and permanent financing
  • Conduit loans
  • Investment in tenant in common transactions
  • 1031 tax deferred exchanges
  • Historic tax credit financing

Representative services provided by the Hirschler Fleischer Retail Practice Group include:

  • Representation of developers in drafting and negotiating sales contracts and comprehensive operating agreements with national retailers including Costco, Target, Kohl's and Home Depot
  • Representation of a developer on an ongoing basis with various issues related to its leasing, management, financing, and operation of a portfolio of 50 grocery store anchored shopping centers
  • Representation of a university in the development and leasing of a 500,000 square foot retail center
  • Representation of a developer in the portfolio sale of 35 retail properties
  • Representation of clients in a sale - leaseback transaction with a national retailer
  • Representation of tenants in connection with lease defaults, workouts and implementation of lease term exit strategies
  • Representation of developers and investors in negotiation of financeable ground leases for stand-alone retail
  • Representation of local retailers in leasing space in a regional lifestyle center
  • Representation of a developer in the preparation of complex common area operation and maintenance agreements
  • Representation of developers in CMBS mortgage refinancing transactions
  • Representation of a developer in converting a suburban office park into a mixed-use retail center
  • Provision of legal services in connection with acquisitions and portfolio management for national and regional retailers
  • Representation of developers and investors in adaptive re-use retail projects with historic tax credit financing
  • Representation of a private investment fund in the acquisition and subsequent sale of a portfolio of NNN single tenant retail properties