Real Estate Retail

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.