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.
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
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)
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.
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.
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.
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 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…
News & Insight
John’s practice is focused on real estate matters representing a wide range of commercial real estate issues including acquisition, development, zoning and permitting matters, and leasing of commercial property.How did you get involved in, or what led yo…
Hinckley Allen is pleased to welcome Robin S. Malloy as Counsel to the Firm’s Real Estate Group. Robin is a seasoned real estate attorney with a breadth of knowledge from her experience as both in-house and outside counsel. Robin most recently served as …
There are a wide array of reasons why shopping center owners may want to split up their shopping centers, from reducing ownership exposure in local markets, to adding value by creating new parcels for development, to increasing marketability by accessing d…
A co-tenancy provision in a retail lease is a powerful tool for tenants that can have long lasting effects and unexpected consequences for landlords and developers. This provision conditions a tenant’s obligation to remain open and operating based on o…