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Real Estate Retail

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Overview

The creation or redevelopment of vibrant retail, shopping, and mixed-use projects involves a host of parties with varying interests. Developers, landlords, anchor tenants, lenders, investors, and municipalities require sure-footed resolution for a successful project. Negotiating agreements and structuring the documentation is best accomplished by professionals with deep expertise in complex projects and familiarity with the landscape.

In Retail Real Estate, Time is Definitely Money.

For almost 50 years, we have represented clients in complex transactions and maintain cutting edge know-how.  Our attorneys are masters of detail, anticipating issues and addressing them proactively. If required for the property involved, we tap into our highly sophisticated, well-coordinated team of specialists in tax, environmental, land use, bankruptcy, finance, construction, and litigation, protecting your interests and delivering your project on time and on budget, to exceed your expectations.

Services

Commercial Lease Documentation

  • Ground leases
  • Build-to-suit leases
  • Reverse build-to-suit leases
  • Pad site leases
  • Lease guaranties
  • Site development agreements
  • Reciprocal and cross-easement agreements
  • Declarations, REAs, and OEAs

Sale and Acquisition of Shopping Centers and Regional Malls
We represent developers, institutional investors, and other parties in the purchase and sale of traditional shopping centers, big-box/anchor tenant developments, lifestyle centers, power centers, free-standing big-box properties, mixed-use developments, and other retail properties, such as retail condominiums.

Private Equity Investment

We represent private investors in acquiring or selling equity interests in retail real estate ventures and companies. This practice includes:

  • Joint-venture agreements
  • Limited liability companies
  • Equity partnerships
  • Offering memoranda
  • Subscription agreements

Retail Finance/Lending
We also represent developers, institutional investors, and other parties in all phases of acquisition, construction, and permanent financing transactions. We know what these lenders will require and anticipate those requirements when we negotiate leases and other project documents. Our loan expertise includes:

  • Construction and permanent financing
  • Representation during development
  • Optimizing leases & documentation to appeal to lenders
  • Credit tenant lease financing
  • CMBS transactions (borrower representation)
  • Loan defeasance transactions (borrower/seller representation)

Regulatory/Entitlements
We help clients secure licenses, permits, and approvals needed for retail projects. We have contacts and working relationships with other key professionals in the regulatory process, such as architects, civil engineers, and traffic and environmental consultants. We help identify zoning, land use, and regulatory issues up front and help preemptively safeguard approvals from later appeal or legal challenge.

Tax Abatements
We represent property owners contesting new tax assessments and in seeking tax abatements. We help the client decide what approach makes the most business sense and are often able to negotiate favorable settlements prior to litigation and before incurring appraisal costs.

Property Management
We regularly represent shopping center owners in negotiating management and brokerage agreements and in handling landlord/tenant matters. Noble Allen, Partner, Hinckley Allen, “wrote the book” on landlord/tenant law in Connecticut.

Case Studies

Counsel for City in Acquisition and Development of Historic Property

Represent the City of Portsmouth, NH in the acquisition of the historic Thomas J. McIntrye building from the federal government via the National Historic Monuments Program and in negotiations with a private developer for the rehabilitation and modernizatio…

Development Counsel for Live/Work/Stay/Play Project in Southern NH

Development counsel for the Tuscan Village Project which involves the redevelopment of the former 120 acre Rockingham Park Racetrack into one of New England’s premier “live, work, stay, play” projects. Tuscan Village is a 2.8M SF mixed-use destinati…

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Newsroom

Publication

Using Contingencies and Termination Rights to Build Retail Leases

March 26, 2024

Ideally, every retail lease strikes a reasonable balance between the interests of the landlord and the tenant and lays the groundwork for a mutually beneficial relationship. However, things do not always go according to plan. Economic realities change, bus…

Publication

The Retail Pivot: Land Use Considerations Amidst Industry Transformation

March 26, 2024

Contrary to popular belief, brick and mortar retail spaces are not dying, but they are changing, and the zoning implications are significant.In 2023, North American retail vacancy rates declined to record lows, and less than 50 million square feet of new s…

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Firm News

Kirsten E. Kenney Named Vice Chair of Hinckley Allen’s Real Estate Group

October 25, 2023

Hinckley Allen is proud to announce that partner Kirsten E. Kenney has been named the Vice Chair of the Real Estate Group. Kirsten will share responsibility for overseeing the practice group with Partner and current Chair David Barry Connolly. The group is…

Firm News

Kirsten E. Kenney Honored in NEREJ's 2023 Women in Commercial Real Estate

October 3, 2023

Hinckley Allen is pleased to announce that Kirsten E. Kenney, Partner and Vice Chair of the Real Estate Practice Group, is honored as one of the New England Real Estate Journal’s (NEREJ) 2023 Women in Commercial Real Estate. Kirsten’s distinguished pra…

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