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 delivery 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

Case Study

Hinckley Allen Guides Major Urban Mixed-Use Redevelopment: Arsenal Yards

Hinckley Allen provided strategic counsel to Boylston Properties and The Wilder Companies, who recently secured the equity funding and construction loan necessary to begin construction of New England’s premier urban mixed-use redevelopment project. Arsen…

Case Study

U.S. counsel for New England Based Real Estate Investment Company in $114M Tel Aviv Stock Exchange Financing Deal

Served as U.S. counsel to a New England based Real Estate Investment company, Waterstone Property Group, which raised $114 million dollars in a bond offering on the Tel Aviv Stock Exchange in Israel. The client is the first Massachusetts Real Estate compan…

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News & Insight

Firm News

Who's Who at Hinckley Allen: John J. Bolton

June 20, 2019

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…

Firm News

Hinckley Allen Welcomes New Real Estate Attorney, Robin S. Malloy

December 10, 2018

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 …

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Publication

The Unintended Consequences of Accommodating the Commercial Holdover Tenant

July 16, 2019

It is almost never a good idea for a landlord to treat a commercial holdover tenancy with anything less than the urgency it deserves. While there may be certain nuances that might exist from jurisdiction to jurisdiction, this need for exigency is uniform i…

Publication

Qualified Opportunity Zones: What We Know From New Regulations

July 16, 2019

Interest continues to increase in a promising new program contained in the 2017 Tax Cuts and Jobs Act, which provides significant tax incentives for investors in Qualified Opportunity Zones (QOZ).After releasing the first set of QOZ proposed regulations on…

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Event

State of the Real Estate Market | Rock Row

September 25, 2019

John H. Sokul, Jr. is speaking on a panel related to his work with Rock Row, a mixed-use development project in Maine, at New England Real Estate Journal's State of the Market. Hinckley Allen serves as real estate counsel to owner/developer Waterstone Prop…