July 2013

Supreme Court Issues Significant Victory for Real Estate Developers

Late last month, the U.S. Supreme Court issued an important land-use decision that was a significant victory for property owners and real estate developers. In Koontz v. St. John’s River Water Management District, a local Florida water management distric…

Retail Pad Developments

In developing a parcel for a primary retail tenant, opportunities may be present to initiate the development of a pad or outparcel. This article discusses threshold issues that a developer should consider in the initial development of a parcel.The develope…

March 2013

Practical Tips for Commercial Lease Assignments

When representing a Landlord or a Tenant in a lease assignment transaction, as part of a sale of a business or otherwise, there are many issues to identify and address. First and foremost, a thorough review of lease documents should be performed to identif…

Common Area Maintenance Clauses and the Debate Over “Caps”, “Exclusions” and “Capital Improvements”: Creative and Practical Ways to Find Common Ground

In today's retail real estate climate, many Tenants (often regardless of size or credit-worthiness) seek to limit the year-over-year increases on common area maintenance costs incurred by Landlord and passed through to the Tenant. For instance, a shopping …

Common Issues in Negotiating Exclusive Use Restrictions in Shopping Center Leases

Making a long-term leasing commitment in a shopping center entails a substantial investment in space improvements (or even constructing a new building and related site improvements under an outlot ground lease), fixturing, staffing, and stocking of a store…

Creative Financing of a Big Box Tenant’s Income Stream

This article briefly describes a creative financing technique that could be utilized under the appropriate circumstances to separately finance rental payments from a big box retail tenant’s lease.We have worked with our developer clients to structure big…